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2004-03-25REGULAR MARCH TERM HELD MARCH 25, 2004 THE STATE OF TEXAS COUNTY OF CALHOUN § BE IT REMEMBERED, that on this the 25"' day of March, A.D., 2004 there was begun and holden at the Courthouse In the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Michael J. Pfeifer Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Fnster Wendy Marvin CountyJudge Commissioner, Pct. 1 Commissioner, Pct 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. HEAR PRESENTATION ON WORKMEN'S COMPENSATION INSURANCE• Kathleen Hicks with HR&R Risk Management Group, LLC gave a presentation on a Protected Self - Funded Program for the County. A Protected Self —Funded Program would include "Fixed Cost" for the Risk Management Package, which is the minimum cost of the program. In addition to the "Fixed Cost" the County will fund all claims that are less than $250,000 per occurrence. The Risk Management Package includes; risk management assistance, safety services Including on premises safety meetings each and every month, Careful Cash Incentive Program (a work product of HR&R Risk Management Group), Claims Administration, Reinsurance for large losses, and representation by GSM Insurors. Lori Huneycutt with Texas Association of Counties Self Insurance Fund gave a presentation on the history of Calhoun County's workmen's compensation from 1995 to 2002 with TAC. 0 • • Z63 • • A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to accept the low bid of Van Mether Insurance for workmen's compensation Insurance for the Hospital and the low bid of Texas Association of Counties for workmen's compensation Insurance for the County. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted In favor. CALHOUN COUNTY, TEXAS ANALYSIS OF WORKMENS' COMPENSATION INSURANCE BIDS. COUNTY & . HOSPITAL HOSPITAL COUNTY ONLY ONLY LOW BID LOW BID ESTIMATED 2004 PREMIUM ON CURRENT POLICY EXPIRING 12/31/04 NOTE (I) -NOT ENOUGH TIME TO BID COUNTY; WOULD REQUIRE AT LEAST 60 DAYS. NOTE (2)-UNABLE TO DETERMINE UNDERWRITER MODIFIER OR EXPERIENCE MODIFIER FROM BID DOCUMENT. NOTE (3)-NO EXPERIENCE MODIFIER INCLUDED BY COMPANY. DETAILED BIDS AVAILABLE IN AUDLTOR-S OFFICE FOR REVIEW. Ncsp:�+l Cam,. N $526,301.00 OnlI $776,909.00 IF ANY OF ABOVE BIDS ARE ACCEPTED, COUNTY MUST GIVE 60 DAYS NOTICE OF CANCELLATION ON CURRENT POLICY. 7qr Awo-rA .d I-o TAC — C.oL,,.n-iy ern pIoyee, C)nIy -* * �, AeA i-o V an Al e+er - ko s 0 : +a l IC�4-P 10 on i 264 11 1Jtorer, rll 9 a 71 hf a 9 a a �I\ Mr. Walter Curry with Pfluger Wiginton Hooker, PLLC recommended to the court that the contract be awarded to Krueger Construction Company. Mr. Curry presented to each Commissioner a AIA Document A101-1997 Standard Form of Agreement between Owner and Contractor and a AIA Document G701— 2001 Change Order No. 1. The State Jail Commission, the City of Port Lavaca, the Texas Department of Licensing and Regulation has all reviewed and approved to begin construction. The demolition of the existing site was done by Commissioner Balajka and his staff saving 14 days on the construction schedule and a considerable amount of money, this is one Them that is in the first change order. The official Ground Breaking Ceremony will be at 10:00 A.M., Wednesday, March 31, 2004. • A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to enter into a contract with Krueger Construction Company In the amount of $6,934,000.00 and authorize Commissioner Floyd to sign change orders on the project up to 3% of that amount. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. >— T o WA 1A Document Al Of -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Twenty Fifth day of March in the year of Two Thousand Four (In words, indicate da)4 month and year) BETWEEN the Owner. (Name, address and other information) ADDITIONS AND DELETIONS: Calhoun County, Texas The author of this dotwnem has 24627 State Highway 172 - added Infom ition needed for fts Port Lavaca, Texas 77979 completion. The auUwr may also have revised the text of the original AIA standard form. An and the Contractor. Millions, and Deletions Report (Name, address and other information) that rotes added information as • wed as raVaons to the standard Don Kraeger Construction Cc tarn two is avallable from the P. O. Box 3613 audw and should be reviewed. 205 Profit Drive A vertical line in the left margin of Victoria,Texas 77901 this document hxleetes whoa Telephone Number. (361) 573-5291 the auUwr has added necessary Fax Number. (361) 573-0162 Information and alters the au for has added to or deleted from the The Aroject is: original AIA text. (Name and location) This docuneo has Important legal consequences. . Calhoun County Law Enforcement Facility Consultation with an attorney 211 South Ann Street is encouraged with respect to Port Lavaca, Texas 77979 he completion a modrtkattom. The Architect is: AIA Document A201-1997, (Name, address and other information) General Conditions of tine Conaact for C insmctbn, is Pflugcr Wigmton Hooker. PLLC, United Liability Company adopted in tide dooaned by reference. Do net use whit other 9696 Skillman Street, Suite 255 Carmel if unless this Dallas, Texas 75243 nt Is modified. document B modified. Telephone Numbs: (214) 349-5558 Fax Number. (214) 349-2522 7tds doamend has been approved and endorsed by The The Owner and Contractor agree as follows. Associated Geneal Contractors - of America. which expires w User Notes 1018,1925.1937.1951 WARPING: This A1Ae ALO Docvmem, "any xthe taw. Pis doganm 1991 and 1997 by The rd international Tnafl a ,Irol panehW,"sal be (1799791294) 2�5 Cl ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement. Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties bereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. . ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, indicated in the Contract Documents to be the responsibility of others. except to the extent specifically ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner, will b i the date oncommencement .) it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) The commencement date will be fixed in a notice to proceed If, prior to the commmcement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: None § 32 The Contract Time shall bemeasuredfrom the date of commencement. § 3,3 The Contractor achieve Substantial Of commmcement, orr as follows: Completion of the entire Work not later than 480 days from the date as (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) Substantial Completion shall not be deemed to have occurred:=until the date on which the Texas Commission on Jail Standards certifies Occupancy. Portion of Work Substantial Completion Date . subject to adjustments of this Contract Time as provided in the Contract Documents. (insert provisions, if any, for liquidated damages relating to failure to complete on time orfor bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract The Contract Sum shall be Six Million Nine Hundred Thirty-four Thousand Dollars And Zero Cents �$ 6,934,000.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. (State the numbers or other identification of accepted alternates. if decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) No Alternates Accepted ALA Document a of r hit; 7L CapYrigm O 1915, 1918, 1925, 1937, 1951 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 end 1997 M Ths American IrtstiMe of ArcNiects All rights reserved, w�nwa. Th ' AIA1' IYocumant le pmto96 ". Ur0seCu ed t reproduction a Nstribullon of this AIA Document, or any portion of it, may resuBln were civil gehnd uhniro� ntematiorad Treaties. No.1000095439 hl NM um extent possible under the law. This document was produced by AIA software at 144647 on =4/2p 4 idea, older be User Notes: eryires on 1rJ12005, and le nob for resale. (1789491294) 0 26 § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS • § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be the month, or as follows: one calendarmonth ending on the last day of § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the first day of a month, the Owner shall make payment to the Contractor not later than the thirtieth day of the same month. If an Application for Payment is received by the Architect after the application date feed above, payment shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. 73e schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractors Applications for Payment § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment , § 5.1.6 Subject to other provisions of the Contract Documents, computed as follows; the amount of each progress payment shall be 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, Iess retainage of five percent ( • 5.00% ). pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5.00% ); .3 Subtract the aggregate of previous payments made by the Owner, and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: •1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, mtainage applicable to such work and unsettled claims; and AIA Document of n _ t99T. Capyright O 1915, 1918, 1925, 1937, 1951 7958, 1961, 19 el 1 %7, 197/, 1977, 1980, 1987. 1991 and 1997 try The American institutereclductiion or di All rights reserved, WARNING: This AIAJ Document is protected by U.S. Copyright Law and Intematbnal TreaOea. Uruuth«net reproduction or,amStrpudon of n,his AIA nooument, w any portion of a, may resua in severe civil and criminal penalties, and will be prosecuted to I muanum eriem poeamle under the law. This document wan produced by ALA software at 14:06.07 on 03242004 under order usar Notes: g_7 which expires on 1/37/2005, and is not i« resab. User Notes: (1789491294) • 267 (Section 9.8.5 cfAL4 Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AJA Document A201-1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from • the percentages inserted in Sections S.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5,1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 52,1 Final payment, constituting the entire unpaid balance of the Contract Sum, stall be made by the Owner to the Contractor when: 1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond fill) payment; and -2 a final Certificate for Payment has been issued by the Architect § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract Mai be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. • ARTICLE 7 MISCELLANEOUS PROVISIONS § 7A Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Documents. Documents the reference refers to that provision as aMended or supplemented by other provisions of the Contract § 72 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Interest will accrue on an overpayment at the rate of one percent ( 1 % ) monthly calculated in accordance with the provisions of Section 2251.021, et seq, of the Texas Government Code. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: AIA Document A701 w —1997. Copyright m 1915, 191 a, 1925, 1937, 195f 1958, 1961 1 unauthorized reproduction of At or distribution rights budon of h s ALA* ocume his Aants ' 1967.1974.1977.1980 , 1997, 1991 and 1997 by The Document Is protected by U.S. Copyrght Law and International Treaties. prosecuted to the maximum extant possible under the law. This y portion of it, may result in severe civa and cram, i penalties and will he Use, Notes: 9_1 which expires on M11r2005, and is nol for resale. doctunenl was w� by AN mflware at 14:06:07 on D3242004 under Ordar User Notes: (17139491294) (Name, address and other information) H. Floyd 24627 State Highway 172 Port Lavaca, Texas 77979 Telephone Number. (361) 893-5346 Fax Number: (361) 893-5309 § 7.4 The Contractor's representative is: (Name, address and other information) Kevin R. Krueger P. O. Box 3613 205 Profit Drive V ictoria,Texas 77901 § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: 1. Payment and Performance Bondrequirementsspecified in item S2-3 of Addendum 2 2. Weather day allowance specified in item S2-6 ofAddendum 2 3. ALA A201 General Conditions specific for this contract are attached 4.The Contractor shall within ten (10) days after execution of the Contract furnish payment and performance bonds each in 100% of the Contract Sum. All bonds must comply with Chapter 2253, Texas Government Code, including the requirement that such bonds must be executed by a corporate surety licensed to do business in Texas in accordance with Article 7.19-a, Texas Insurance. Code. Surety shall be listed as an approved surety by the U. S. Treasury Department If any surety on any bond becomes insolvent or is unable to perform its obligations thereunder, the Contractor shall linammediately, famish equivalent security to protect the interests of Owner and persons furnishing labor and materials to the Project 5. Venue for any action brought in connection with the Contract Documents shall be in courts of competent jurisdiction in Calhoun County, Texas and in federal courts in the Victoria Division of the Southern District of Texas. 6. In the event of any suit or action arising out of or relating to the Contract Documents, the prevailing party in such proceedings shall be entitled to recover reasonable attorney's fees and court costs. ARTICLES ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. § a.1.3 The Supplementary and other Conditions of the Contract am those contained in the Project Manual dated January09, 2004 , and are as follows Document Tits - Pages Project Manual VoLl 0700 AIA 201 General Conditions 0800 Supplementary Conditions 01100 Summary AIA Document A101w -1997. Copyright o Isis, 191a, 19M 1937, 1951 1958, 19611 Amercan Irotihde of Arehheris. All rights reserve6 WARNING: This AIA4 , Document it protected 1987, 1974, 1977- 1980, 1987, 1991 and 1957 by The Unauthorized reproduction W distribudon of this AIA* Document, or any portion of a, may cted by severe U I and 8nacriand Penalties,and well h Intinnational . prosectiled to No.1000095439 the l which um extend pouDfe under. Ms bw. produced This document was by AN software at 14.06:07 on 0=4120G4 uner 0- ddor Use Notes: ezp'ves on 1/31t200$, and fa nol for mule. (1789491294) L • 209 0 • 01210 Allowances 01230 Alternates 01250 Contract Mod. Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Proj Management and Coordination 01320 Construction Progress Documentation 01330 Submittal Prodedures 01420 References 01450 Testing laboratory Services 01451 Quality Control 01500 Temporary Facilities and Controls 01600 Materials and Equipment 01725 Field Engineering 01731. Cutting and Patching 01735 Selective Demolition 01740 Cleaning 01750 Starting and Adjusting 01770 Closeout Procedures 01780 Closeout Submittals 01820 Demonstration and Training § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit atached to this Agreement) Section Volume 1 Title - Pages Civil, Architectural, Kitchen Volume 2 Eguipme ttStructural Detention Equipment, Volume 3 Security Electronics Mecbanical, Plumbing, Electrical § 8.1.5 The Drawings are as follows, and are dated January 09, 2004 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Exhibit 1 Sbeet List § 8.1.6 The Addenda, if any, are as follows: Number Date Addendum One 1/22/2004 Pages Addendum Two 2tMOO4 Addendum Three 2/9/2004 Addendum Four 2/112004 Addendum Five 2/132004 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article S. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows ALA Document A101n-1997. Copyright O 1915, 1918, 1925, 1937, 1951 1956 1961, 1963, 1967, 1974, 1,15 1960, 1997, 1991 and 1997 by The Uneuth n Imatute of uchit n or All rights resanred W�NING: This ALA Document a profecled by US. Copyright law end International Trashes, Prosecuted to Unauthorized reproduction or distribution of this AIA Document, or any portion of n, may result In severe dv(I and crtrnirel penalties, and will ba No.1000095439n1 which exp r on MI2005, and isossible not lthe y eagle. . This �I wda produced by AlA soltwara at 11D6O7 on 0ytg2op{ y rider User Notes: (17W491294) 2'r© (List here any additional documents that are intended inform part of the Contract Documents. AM Document A201- I997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid arc nor 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.) Exhibit 2 Wage Rate Schedule This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the 40 W_on,t, an ere " lder to the Owner.WNER Signature) CONTRACTOR (Signature) H. Floyd, Commissioner Precinct 3 Kevin R- Krueger, President - (Pnntedname and title) (Printed name and title) • AIA Docanent A701 nr-1997. Copyright O 1915, 191a, 1925, 1937,1951I 195a 1961 1963, 1 %], 1974, 19T7, 19a0, 19a7, 1 Fg1 act 1 %7 by ]ha American Ineddata ai Arc,'aM. An 49his rmery WANNIND: nis AIA Document b protected by 4,U.1 Copyright law UnaUthoriZed reproduNon or distribution of this AIA DoeumeM, or sn and International Tramb" prosecuted W the maximum axtaM y portion of I% may result In severe civil and criminal Penalties, and will Ib Possible under the tow. This document Was produced by ALA software at 140697 on 0324/2004 under Order User No095 —1 which expires on IM1/2005, and is not for resale. User Notes: (1789491294) 2"i 1997 Edition - Electronic Format AIA Document A201 - 1997 General Conditions of the Contract for Construction TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER THIS DOCUMENT HAS IMPORTANT 3. CONTRACTOR LEGAL CONSEQUENCES. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH 4. ADMINISTRATION OF THE CONTRACT RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION 5. SUBCONTRACTORS OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS D401. 7. CHANGES IN THE WORK This document has been approved and endorsed by The Associated General Contractors ofAmedca. 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT INDEX 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.8, 4.4.1, Acceptance of Nonconforming Work 8.3.1, 9.5.1, 10.2.5, 13.4.2, 13.7, 14.1 9.6.6, 9.9.3, 12.3 Addenda Acceptance of Work 1.1.1, 3.11 9.6.6, 9.8.2, 9.9.3, 9,10.1, 9.10.3, 12.3 Additional Costs, Claims for Access to Work 4.3.4, 4.3.5, 4.3.6, 6.1.1, 10.3 3.16, 6.2.1, 12.1 Additional Inspections and Testing Accident Prevention 9.8.3, 12.2.1, 13.5 4.2.3, 10 Additional Time, Claims for Acts and Omissions 4.3.4, 4.3.7, 8.3.2 0199] AVp AIA DOCUMENT A201 .1997 © Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 b The American Institute of Architects. Fifteenth Edition. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Reproduction of the material herein or substantial quotation of its provisions without l prostten permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed The American Institute of Architects photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with 1735 Now York Avenue, N.W. permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. Washington, D.C. 20006-5292 This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. • NIN ADMINISTRATION OF THE CONTRACT 3.1.3, 4, 9,4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13, 4.5.1 Allowances 3.8 All-risk Insurance 11.4.1.1 Applications for Payment 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10, 11.1.3, 14.2.4, 14.4.3 Approvals 2.4, 3.1.3, 3.5, 3.10.2, 3.12, 4.2.7, 9.3.2, 13.4.2, 13.5 Arbitration 4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9, 11.4.10 Architect 4.1 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.3.6,7.4,9.2, 9.3.1, 9.4, 9.5,9.8.3,9.10.1, 9.10.3,12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility 2.1.1, 3.3.3, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.4, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses 2.4,11.4.1.1,12.2.1,13.5.2,13.5.3,14.2.4 Architect's Administration of the Contract Architect's Approvals 2.4, 3.1.3, 3.5.1, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.6 Architect's Decisions 42.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 8. 1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9. 1, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.3, 3.3.1, 4.2.6, 4.2.7, 4.2.8, 7.4.1, 12.1, 13.5.2 Architect's Interpretations 4.2.1 1, 4.2.12, 4.3.6 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2,3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3. 4.2, 4.3.4. 4.4.1, 4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5 Achitect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.4.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 4.2.2, 4.2.5, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1. 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 1.1.7, 5.2.1, 11.5.1 Boiler and Machinery Insurance 11.4.2 9.10.2 Bonds, Performance, and Payment 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing'or Approval 13.5.4 w wpyngm 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963. 1966, 1967, 1 770. 1976, 1987. 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. e)piration as noted below. This document is not an original MAD Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTAT70N WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENTMAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors ofAmedca. 01997 AIA" AIA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 40 0 2"'3 • • 9.10.3, 9.10.4.2, 12.2, 13.7 Compliance with laws 1.6.1,3.2.2, 3.6, 3.7, 3.12.10,3.13, 4.1.1, 4.4.8, 4.6.4, 4.6.6, 9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14. 1. 1, 14.2.1.3 Concealed or Unknown Conditions 4.3.4, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 1.1.7, 6.1.1, 6.1.4 Consent, Written 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4. 1, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.12.8, 4.2.8, 4.3.9, 7.1, 7.3, 9.3. 1.1 Construction Schedules, Contractor's 1.4.1.2,3.10, 3.12.1,3.12.2, 4.3.7.2,6.1.3 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.4.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.4.6, 11.5.1 Contract Documents, The 1.1, 1.2 Contract Documents, Copies Fumished and Use of THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OFTHIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors ofAmenca. 0199] AIA,® AIA DOCUMENT A201 .1997 ® Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987. 1997 by GENERAL CONDITIONS OF THE The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantil CONTRACT FOR CONSTRUCTION quotation of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. The document was electronically produced with Washington, D.C. 20006,5292 Permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. Certificates of Insurance 9.10.2, 11.13 Change Orders 1. 1. 1, 2.4.1, 3.4.2, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 4.3.4, 4.3.9, 5.2.3, 7.1, 7.2, 7.3, 8.3.1 9.3.1.1, 9.10.3, 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 3.11,4.2.8,7,8.3.1, 9.3.1.1, 11.4.9 Claim, Definition of 4.3.1 Claims and Disputes 3.2.3, 4.3, 4.4, 4.5, 4.6, 6.1.1, 6.3, 7.3.8, 9.3.3, 9.10.4, 10.3.3 Claims and Timely Assertion of Claims 4.6.5 Claims for Additional Cost 3.2.3, 4.3.4, 4.3.5, 4.3.6, 6.1.1, 7.3.8, 10.3.2 Claims for Additional Time 3.2.3, 4.3.4, 4.3.7, 6.1.1, 8.3.2, 10.3.2 Claims for Concealed or Unknown Conditions 4.3.4 Claims for Damages 3.2.3, 3.18,4.3.10,6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Claims Subject to Arbitration 4.4.1, 4.5.1, 4.6.1 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.1, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 4.3.5, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3. 1, 11.1, 11.4.1, 11.4.6, 11.5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 1.6.1,3.4.1, 3.11, 3.15, 4.2.2,4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 133, 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, 1.6, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.8, 4.3.4, 4.3.5, 4.4.5, 5.2.3. 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Contract Sum, Definition of 9.1 Contract Time 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1.3, 7.3, 7.4, 274 S.1.1, 8.2, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractors Construction Schedules 1.4.1.2, 3.10, 3.12.1, 3.12.2,4.3.7.2, 6.1.3 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, ILLI, 11.4.7, 14.1, 14.2.1.1, Contractors Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.4.7, 12.1.2, 12.2.4 Contractors Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.4.1.2, 11.4.7, 11.4.8 Contractor's Relationship with the Architect 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2,3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1, 4.4.7, 5.2. 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 11-4.7, 12, 13.4.2, 13.5 Contractor's Representations 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 4.3.8, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Contractor's Review of Contract Documents 1.5.2, 3.2, 3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.10, 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.5.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14 Contractual Liability Insurance 11.1.1.8, 11.2, 11.3 Coordination and Correlation 1.2,1.5.2, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.6, 2.2.5, 3.11 Copyrights 1.6, 3.17 Correction of Work 2.3, 2.4, 3.7.4, 4.2.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 Costs 2.4, 3.2.3, 3.7.4, 3.8.2, 3.15.2, 4.3, 5.42, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 9.10.2, 10.3.2, 10.5, 11.3, 11.4, 12. 1, 12.2.1, 12.2.4, 13.5,.14 Cutting and Patching 6.2.5, 3.14 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, 11.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Damages, Claims for 3.2.3, 3.18,4.3.10, 6.1.1, 8.3.3,9.5.1, 9.6.7. 10.3.3, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4A.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 The American Institute of Amhitects. Fifteenth Edition. Reproduction of the material herein or— ssubstantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance vAth your license without violation until the date of expiration as noted below, expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AL" AIA DOCUMENT A201 • 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2'5 • • 0 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions 1.1,2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1,4.3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.11 9.1, 9.8.1 Delays and Extensions of Time 3.2.3, 4.3.1, 4.3,4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 7.5.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Disputes 4.1.4, 4.3, 4.4, 4.5, 4.6, 6.3, 7.3.8 Documents and Samples at the Sim 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 4.3.5, 10.6, 14.1.1.2 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2,10.3, 11.1.1, 11.4.7, 14.1, 14.2.1.1 Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.23, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Execution and Progress of the Work 1.1.3. 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3, 3.4, 3.5, 3.7, 3.10, 3.12, 3.14, 4.2.2, 4.2.3, 4.3.3, 6.2.2, 7.1.3, 7.3.4, 8.2, 9.5, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.32 Failure of Payment 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.5 Fire and Extended Coverage Insurance 11.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4,10.3, 10.5 Identification of Contract Documents 1.5.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6,1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5,1, 13.5.2, 14.1.1,4, 14.1.4 Injury or Damage to Person or Property 4.3.8, 10.2, 10.6 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.2,9.8.3,9.9.2,9.10.1,12.2.1,13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.3, 3.3.1, 3.8.1, 4.2.8, 5.2.1, 7, 12, 8.2.2, 13.5.2 Insurance 3.18.1, 6.1.1, 7.3.6, 8.2.1, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 9.10.5, 11 Insurance, Boiler and Machinery 11.4.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11,4.3 Insurance, Owner's Liability 11.2 Insurance, Project Management Protective Liability 11.3 Insurance, Property 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction Hof the material heron torasubstantial quotation of its provisions without written permission of the AfA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document 13 not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETIONOR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTEDAIA DOCUMENTMAYBE MADE BY USING AIA DOCUMENT 0401. This document has been approved and endorsed by The Associated General Contractors of Amenca. V 997 AIA® AIA DOCUMENT A2ol -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 2000t>5292 2"16 10.2.5, 11.4 Insurance, Stored Materials 9.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3,1.4,4.1.1,4.3.1,5.1,6.1.2,8.1A Interpretations, Written 4.2.11, 4.2.12, 4.3.6 Joinder and Consolidation of Claims Required 4.6.4 Judgment on Final Award 4.6.6 Labor and Materials, Equipment I.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 42.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.6,3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 9.9.1, 10.2.2. 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6. 14 Liens 2.1.2, 4.4.8, 8.2.2, 9.3.3, 9.10 Limitation on Consolidation or Joinder 4.6.4 Limitations, Statutes of 4.6.3, 12.2.6, 13.7 Limitations of Liability 2.3,3.2.1, 3.5.1,3.7.3, 3.12.8, 3.12.10, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.10.4, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9. 10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Loss of Use Insurance 11.4.3 Material Suppliers 1.6, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3, 10.5 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.6.1, 3.4, 3.5.1, 3.8.2, 3.8.23, 3.12,3.13, 3.15.1. 4.2.6, 4.2.7, 5.2.1, 6.2. 1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 4 A.8 Mediation 4.4.1, 4.4.5, 4.4.6, 4.4.8, 4.5, 4.6.1, 4.6.2, 8.3.1, 10.5 Minor Changes in the Work 1. 1. 1, 3.12.8, 4.2.8, 4.3.6, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 41A, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.4.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 Notice 2.2.1, 2.3, 2.4, 3.2.3, 3.3.1. 3.7.2, 3.7.4, 3.12.9,4.3,4.4.8,4.6.5,5.2.1,8.2.2,9.7, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14A, 14.2 Notice, Written 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8. 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4,13.3, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits Fees and THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT Door. This document has been approved and endorsed by The Associated General Contractors of America. 71997 A" 2.2.2, 3.7, 3.13, 7.3.6.4I ] 0.2.2 AIA DOCUMENT A201 .1997 0 Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 b GENERAL CONDITIONS OF THE The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial CONTRACT FOR CONSTRUCTION quotation of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. • 2i17 • r, J • Observations, Contractor's 1.5.2, 3.2, 3.7.3, 4.3.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.4.1.5 Orders, Written 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11A, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Owner's Authority 1.6,2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 4.3.6, 4.4.7, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2. 1, 7.3.1, 8,2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.9.1, 9.102, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10,12.2.2,12.3.1,13.2.2,14.3,14.4 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.4.3 Owner's Relationship with Subcontractors 1.1.2. 5.2, 5.3, 5.4, 9.6.4, 9A0.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4. 14.2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.6, 2.2.5, 3.2.1, 3.11.1, 3.17.1, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.4.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1,9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Payment, Final 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3,11.4.1,11.4.5,12.3.1,13.7,14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.6.4, 9.6.7, 9.10.3, 11.4,9, 11.5 Payments, Progress 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.6.4, 9.6.7, 9.10.3, 11.4.9,11.5 Permits, Fees and Notices 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 4.3.3, 8.2, 9.8, 9.9.1, 14.1.4 Progress Payments 4.3.3,9.3,9.6,9.8.5,9.10.3,13.6,14.2.3 Project, Definition of the 1.1.4 Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein tore7. substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America 01997 A" AIA DOCUMENT A201 •1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 21s 1.1.7 Project Manuals 2.2.5 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 9.9.1, 102.2, 11.1, 11.4, 13.1, 13.4, 13.5.1,13.5.2,13.6,14 Rejection of Work 3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 1.5.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2,9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.10,5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes 4.4, 4.5, 4.6 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 4.3.8, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2. 9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.5.2, 3.2, 3.7.3, 3.12.7, 6.1.3 Review of Contractors Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies I,1.2, 2.3, 2.4, 3.5.1. 3.15.2, 4.2.6, 4.3.4, THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MA.Y BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 4,5,4.6.5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, Subcontractors, Work by 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, Royalties, Patents and Copyrights 9.3.12, 9.6.7 3.17 Subcontracmal Relations Rules and Notices for Arbitration 5.3, 5.4, 9.3.1.2, 9.6, 9.10 10.2.1, 11.4.7, 4.6.2 11.4.8, 14.1, 14.2.1, 14.3.2 Safety of Persons and Property Subnttals 10.2,10.6 1.6,3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, Safe Precautions and Programs Auer A10'° Safety Sr 7.3.6, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, Ala DOCUMENT A201 •1997 ® Copyright 1917, 1975, 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1 666, 1967, 7970, 1976, 1 887, 1997 b GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the ALA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 3.3.1,4.2.2, 4.2.7, 5.3.1,10.1, 10.2,10.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2,9.3.1 Schedules, Construction 1.4.1.2, 3.10, 3,12.1, 3.12.2, 4.3.7.2, 6.1.3 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 4.6.4, 6, 8.3.1, 11.4.7, 12.1.2, 12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.2.2, 3.2.1, 3.3.3, 3.7.1, 4.2, 4.3.4, 9.4.2, 9,10.1, 13.5 Site Visits, ArchitecPs 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9,10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6, 3.11, 3.12.10, 3,17 Statute of Limitations 4.6.3, 12.2.6, 13.7 Stopping the Work 2.3, 4.3.6, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 • • 23 • • • 11.1.3 Subrogation, Waivers of 6.1.1, 11.4.5, 11.4.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 9.10.4.2, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5.1, 7.3.7 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.6, 8.2, 8.3.1, 9.4.2, 10, 12,14 Surety 4.4.7, 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 4.3.6, 5A.1.1, 11.4.9, 14 Taxes 3.6. 3.8.2.1, 7.3.6.4 Termination by the Contractor 4.3.10, 14.1 Termination by the Owner for Cause 4.3.10, 5.4.1.1, 14.2 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 TIME 8 Time, Delays and Extensions of 3.2.3,4.3.1, 4.3.4, 4.3.7,4.4.5, 5.2.3, 7.2.1, 7.3.1,7.4.1, 7.5.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Time Limits 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Time Limits on Claims 4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4, 8.3.1, 10.3 Unit Prices 4.3.9, 7.3.3.2 Use of Documents 1'A.1, 1.6, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 4.3.10, 9.10.5, 11.4.7, 13.4.2 Waiver of Claims by the Owner 4.3.10, 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7,12.2.2.1,13.4.2,14.2.4 Waiver of Consequential Damages 4.3.10, 14.2.4 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.4.5, 11.4.7 Warranty 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1.3 Weather Delays The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein orBsubstantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTEDAIA DOCUMENTMAYBE MADE BY USING ALA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of Amedca. 01997 A AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York' Avenue, N.W. Washington, D.C. 2000rr5292 280 4.3.7.2 Work, Definition of 1.1.3 Written Consent 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 Written Interpretations 4.2.11, 4.2.12, 4.3.6 Written Notice 2.3,2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14 Written Orders 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between die Architect and Contractor, (2) between the Owner and a Subcontractor or Sub -subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATIONWITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Assodated General Contractors of America. e_ 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or tv: by separate contractors. Itr_ 1.1.5 THE DRAWINGS Th-- - .. . ,so 1, 19ti9, 19bb, 19bl, 1970, 1976, 1987, 1997 by e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the All, violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 10 01997 AIA® AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • 11 4�� • • The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all' and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. v, imr, iaru, tarsi, 1987, 1997 by e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 11 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America 01997 AIA® AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 282 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Inswments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other projects or for additions m this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultant. 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 Archtect's consultants' copyrights or other reserved rights. ARTICLE 2 OWNER 2.1 GENERAL 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Subparagraph 4.2.1, the Architect does not have such authority. The term "Owner' means the Owner or the Owner's authorized representative. 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to 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 w the site, and the Owners interest therein. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owners obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been famished, the Owner shall not materially vary A;,AN+:r such financial arrangements without prior notice to the Contractor. --� — o, wro, iuor, iuw ey The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance wth your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and la not for other use or resale. 12 V997 AIM AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 2000G5292 283 E 0 0 2.2.2 Except for permits and fees, including those required under Subparagraph 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information famished by the Owner but . shall exercise proper precautions relating to the safe performance of the Work. 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be famished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be famished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. • 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of connecting such deficiencies, including Owners 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 Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. W-Fylly'n roi 1, 1a10, lul8, 1925, 1937, 1951, 1958, 1961, 1963, 1 666, 1967, 1970, 1976, 1 887, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 13 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEDUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ALA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America 01997 A" AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 284 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any crrors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but if is recognized that the Contractor's review is made in the Contractors capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written ® COPylfght 1911- 1915, 19119 1925, 1937, 1951, 1958. 1961, 1963. 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Ediflon. Reproduction of the material he or substantial quotation of its provisions without written Permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 14 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 A" AIA DOCUMENT A2D7 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • • • C instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractors 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 to 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, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or Permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not Properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall famish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITHAN ATTORNEYIS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICAT70N OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE SY USING AIA DOCUMENT D401. This document has been approved and endorsed by 77reAssociafed General Contractors of America. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. as copynght 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without Milan permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced In accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 15 01997 AND AIA DOCUMENT A201 • 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006,5292 ,28 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 3.7.3 It is not the Contractors responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all requiredtaxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.1 and (2) changes in Contractor's costs under Clause 3.8.2.2. 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 8Y USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Contract, shad] prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be o, rooi, row, lvw lUbl, 1970, 1976, 1987. 1997 by The American Institute of Amhitects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the ALA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 16 01997 A" AIA DOCUMENT A201 _ 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 287 E • related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. • 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSUL TA 7ION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, This document has been approved and brochures, diagrams and other information furnished by the Contractor to illustrate materials �ratrat ed 5oThe Asssocated General or equipment for some Portion of the Work, 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. • 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified ZNov materials, field measurements and field construction criteria related thereto, or will do so, and � has checked and coordinated the information contained within such submittals with the erttt� requirements'of the Work and of the Contract Documents. The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein loresubstantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 17 • 01997 AM AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Archilects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 288 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) 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. THIS DOCUMENT HAS IMPORTANT 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted ShopLEGAL CONSEQUENCES, CONSUL WITH AN Drawings, Product Data, Samples or similar submittals, to revisions other than those. ATTORNEY ISO ENCOURAGED WITH requested by the Architect on previous submittals. In the absence of such written notice the RESPECT TO ITS COMPLETION OR Architect's approval of a resubmission shall not apply to such revisions. MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 3.12.10 The Contractor shall not be reDRAFTEDA14 DOCUMENTMAYBE quired to provide professional services which MADE BY USING AIA DOCUMENT constitute the practice of architecture or engineering unless such services are specifically D401. required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect, The Owner and the .Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 0 Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1969, 1966, 7967, 7970, 1976, 1987, 1997 by The American Institute of Architects' Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 18 This document has been approved and endorsed by The Associated General Contractors ofAmedce. O1"7 AIA® AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • E • 0-19 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or Partially completed construction of the Owner or separate contractors by cutting, patching or Otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractors consent to cutting or otherwise altering the Work. • 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to cleanup as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 0 • 3.17 ROYALTIES, PATENTS AND COPYRIGHTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to 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. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted bylaw and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 11.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architects 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, sicknessdisease or death, or to injury to or destruction of tangible property (other than the W, ork 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 righs or obligations of indemnity which would otherwise exist as to a party or person described intthis Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under T Copyright 1911, institute f Arc :: 1937, 1951, 1958, 1961, 19fi3, 1966, 1967, 1970, 1976, 9967, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the All and can be reproduced in accordance with your license without violation until the date of expiralion as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by All Contract Documents software for administrative purposes only and Is not for other use or resale. 19 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATIONWITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D40f. This document has been approved and endorsed by The Associated General Contractors ofAmel Masse tom _ V 997 A" AIA DOCUMENT A201 .1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 290 Subparagraph 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one- year period for correction of Work described in paragraph 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing; in accordance with other provisions of the Contract. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. 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 neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. The American Institute of Architects. Fifteenth Edition. Reproduction__ eproduction Vof the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 20 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTEDAL[ DOCUMENTMAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 aim AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • 29-11 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 will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the • Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. • 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractors submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. THIS DOCUMENT HAS IMPORTANT LEGALCONSEOUENCES. CONSULTA77ON WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of Amedca. 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 �NOV Convector. The Architect's response to such requests will be made in writing within any time tt�� limits agreed upon or otherwise with reasonable promptness. If no agreement is made O1997 AM concerning the time within which interpretations required of the Architect shall be famished AIA DOCUMENT A201 -1997 ® Copyright 1911, 191' 191 1, 1925, 1937, 1951, [958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by GENERAL CONDITIONS OF THE The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial CONTRACT FOR CONSTRUCTION quotation of as provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Arohhecis and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright N.W. N 1735 New York Avenue, laws and will subject the violator to legal prosecution. This document was electroniWashington, D.C. Avenue, 292 cally produced with permission of the AIA and can be reproduced in accordance with your license without viol expiration as noted below. expiration as noted below. atlon until the date of This document is not an original AIA® Contract Document, but a reproduction produced by MAID Contract Documents software for administrative purposes only and Is not for other use or resale. 21 ir9N in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the patties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the: Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. if the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. The American Institute of Architects. RNeenth Edition. Reproduction of the material herein loraV97bsubstantial quotation of its provisions without written Permission of the AIA . violates the copyright laws er the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the data of expiration as noted below, expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 22 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEYIS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODI17CA7I0N. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 293 • E • 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the • Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.7 Claims for Additional Time 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractors Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. • THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS CCMPLET/ON OR MODIFICATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTEDAIA DOCUMENTMAYBE MADE BY USING AIA DOCUMENT D401. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers This document has been appmved and injury or damage to person or property because of an act or omission of the other Contra toby The Associated General others for whose acts such party is legally responsible, written notice of such �uryr or Convectors o/America. damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. w wyynym 1511, 1915, 1918, 1925. 193, 1951, 1 11, 1961, 1963, 196Q 1987, 1970, 1976, 1987, 1997 by . The American Institute of Architects. Fifteenth EditionReproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyrighl laws and will subject the violator io legal prosecution. This document was electronically pro ced with Permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 23 0107 AIAO AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The.Amedcan Institute of Architects 17,95 New York Avenue, N.W. Washington, D.C. 2000f 5292 294 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been tendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a parry to provide a response to a Claim or to famish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be famished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. 4.4.6 When a written decision of the Architect states that (1) the decision is final but subject to mediation and arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors oI America. 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the QW-0 Architect or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy, —®--- The American Institute of Amhitacts. Fifteenth Edition. Raproducllon of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original ALAS Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 24 01997 AIA® AIA DOCUMENT A201 •1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 11 295 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect, by mediation or by arbitration. 4.5 MEDIATION 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to mediation as a condition precedent to arbitration or the institution • of legal or equitable proceedings by either party. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 4.5.3 The patties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.6 ARBITRATION 4.6.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5, shall, after decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Paragraph 4.5. 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.6.3 A demand for arbitration shall be made within the time limits specified in . Subparagraphs 4.4.6 and 4.6.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America 4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing other person or entity sought to be joined. No arbitration shall include, by consolidation or specific reference to the Agreement and signed by the Architect, Owner, Contractor and any joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of of sex AM AIA DOCUMENT A201 - 1997 ® Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1867, 1970, 1976, 1987, 1997 b GENERAL CONDITIONS OF THE The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial CONTRACT FOR CONSTRUCTION quotation of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 25 296 fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 4.6.5 Claims and Timely Assertion of Claims. The parry filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor' does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractors Work. However, no increase in 0 Copyright 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 19 66, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed Photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by ALAS Contract Documents software for administrative purposes only and is not for other use or resale. 26 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIAO AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 297 the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the . Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof THIS DOCUMENT HAS IMPORTANT will not prejudice such rights, and shall allow to the Subcontractor, unless specifically LEGAL CONSEQUENCES. Pec Y CONSULTATION WITH AN provided otherwise in the subcontract agreement, the benefit of all rights, remedies and ATTORNEY IS ENCOURAGED WITH redress against the Contractor that the Contractor, by the Contract Documents, has against the RESPECT TO ITS COMPLETION OR Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into MODIFICATION. AUTHENTICATION similar agreements with Sub -subcontractors. The Contractor shall make available to. each OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the MADE BY USING AIA DOCUMENT Contract Documents to which the Subcontractor will be bound, and, upon written request of D401. the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. This document has been approved and endSubcontractors will similarly make copies of applicable portions of such documents available Contractors of of A Assmated General to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to al cost is �+4+S insurance and waiver of subrogation. If the Contractor claims that delay or addition involved because of such action by the Owner, the Contractor shall make such Claim as —® provided in Paragraph 4.3. The American Institute of Architects. Fifteenth Edition. Reproduction Vof the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically Produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative Purposes only and Is not for other use or resale. 27 ersa7 uaa AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20008-5292 298 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Other until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own foxes, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractors Work, except as to defectsnotthen reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTEDAIA DOCUMENTMAYSE MADE SY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP A 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the �'O'� responsibility under their respective contracts for maintaining the premises and surrounding —®d-- The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can he reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 28 01997 AIAO AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 299 • 0 area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. • 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor, an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractorsof America 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 .4 as provided in Subparagraph 7.3.6. � tt�0 • 01997 A" AIA DOCUMENT A201 -1997 ® Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 196711970, 1976, 1967, 1997 b GENERAL CONDITIONS OF THE The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial CONTRACT FOR CONSTRUCTION quotation of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006.5292 pennission of the AIA and can be reproduced In accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by MAD Contract Documents software for administrative purposes only and is not for other use or resale. 29 M 7.3.4 Upon receipt of a Construction Charge Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor THIS DOCUMENTHAS IMPORTANT shall keep and present, in such form as the Architect may prescribe, an itemized accounting LEGAL CONSEOUENCES.CONSULTATION WITH AN together with appropriate supporting data. Unless otherwise provided in the Contract ATTORNEYS ENCOURAGED WITH Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the RESPECT TO ITS COMPLETION OR following: MODIFICATION. AUTHENTICATION .1 costs of labor, including social security, old age and unemployment insurance, OF T141S ELECTRONICALLY DRAFTED AIA DOCUMENT MA Y BE fringe benefits required by agreement or custom, and workers' compensation MADE BY USING AIA DOCUMENT insurance; D401. .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; This document has been approved and .3 rental costs of machinery and equipment, exclusive of hand tools, whether endorsed by The Associated General Contractors ofAmence. rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sam and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order.--® 01997 AAS AIA DOCUMENT A201 .1997 ® Copynght 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 7967, 1970, 1976, 1987, 1997 GENERAL CONDITIONS OF THE by CONTRACT FOR CONSTRUCTION The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 30 • 0 • 301 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS • 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 if the Contractor is delayed at any time in the commencement or progress of the • Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. The American Institute of Architects. Fifteenth Edition. Reproduction�of the material herein ore substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 31 • THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. W.. 01997 ALAS AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 41A ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEYIS ENCOURAGED WITH RESPECT TO 17S COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 9.3.1.1 As provided in Subparagraph 7.3.8, such applications may include requests for This document has been approved and payment on account of changes in the Work which have been properly authorized by endorsed by The Associated General Construction Change Directives, or by interim determinations of the Architect but not yet Contractors of America, included in Change Orders. 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and ' WA equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT w �opyngm 19r1, 1915, 191 t1, 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1967, 1970. 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 32 V W7 A" AIA DOCUMENT A201 •1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 C� C J • 303 9.4.1 The Architect will, within seven days after receipt of the Contractors Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated • and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) 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 previously paid on account of the Contract Sum. • • 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of: -.1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. "cr ur The American Institute of Amhitects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 33 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D40 I. This document has been approved and endorsed by The Associated General Contractors of America. 01997 Al" AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 304 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractors portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall betreated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by. the Owner. 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 this provision. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 0 9.7 FAILURE OF PAYMENT 9.7.1 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 o Contract Documents the amount certified by the: Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be Z 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 aaaaaaa-- the Contract Documents. 01997 nwe AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE ® Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 19 77, 1997 by CONTRACT FOR CONSTRUCTION The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of as provisions without written permission of the.AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 34 305 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the • Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the • Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Clause 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial Occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. The American Institute of Architects. Fifteenth Edition. Reproduction of the material heron or6substantlal laws and will subject the violator to legal prosecution. This document was electron quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright Permission of the AIA and can be reproduced in accordance with your license without violically produced with ation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 35 • THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401, This document has been approved no endorsed by The Awmated General Contractors of America. CIN7 AV a AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 306 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT • 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and THIS DOCUMENT HAS IMPORTANT LEGAL belief, and on the basis of the Architect's on -site visits and inspections, the Work has been CONSULTATCONSEOION WITHUENCES. AN completed in accordance with terms and conditions of the Contract Documents and that the ATTORNEYS ENCOURAGED WITH entire balance found to be due the Contractor and noted in the final Certificate is due and RESPECT TO ITS COMPLETION OR payable. The Architect's final Certificate for Payment will constitute a further representation MODIFICATION, AUTHENTICATION that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE final payment have been fulfilled. MADE BY USING AIA DOCUMENT D401. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until This document has been approved and the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and endorsed by The Associated General equipment, and other indebtedness connected with the Work for which the Owner or the ConnactorsofAmerica. 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 Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' • fees. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such ® — payment shall be made under terms and conditions governing final payment, except that it oresr,vne shall not constitute a waiver of claims. AIA bOCUMENT A201 . 1997 GENERAL CONDITIONS OF THE T Copyright 1911, 1915, f Arc 1925, 1937, nth lion, Reproduction ducts of e m 1970, here, 1987, star by CONTRACT FOR CONSTRUCTION The Amedcan Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 36 E 307 • • • 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initialing, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or 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. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities hearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT 0401. This document has been approved and endorsed by The Associated General ContractorsolAmedca. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the ®— C1997 A" AIA DOCUMENT A201 -1997 m Copyright 1911, 1915, 1918, 1925, 1937, 1957, 1958, 7961, 1963, 1966, 1967, 1970, 7976, 1987, 1997 by GENERAL CONDITIONS OFTHE The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial CONTRACT FOR CONSTRUCTION quotation of its provisions without wdnen permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below, This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 37 308 Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 HAZARDOUS MATERIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in witting. 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall famish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractors reasonable additional costs of shut -down, delay and start-up, which adjustments shall be accomplished as provided in Article 7. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. • THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractorsof America. r 1 L e 10.4 The Owner shall not be responsible. under Paragraph 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for - ®— the cost of remediation of a hazardous material or substance solely by reason of performing otter ate AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE ® Copyright 1911, 19/5, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by CONTRACT FOR CONSTRUCTION The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 permission of the AIA and can be reproduced In accordance with your license without violation until the date of elpiration as noted below. elcoiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 38 • 309 Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.6 EMERGENCIES 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent *threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. • ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be 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 which 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 Contractors employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .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 Paragraph 3.18. • • 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits 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 date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEYS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DR4FTEDAIA DOCUMENTMAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated Generaf Contractors of Amedca. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised , limits or claims paid under the General Aggregate, or both, shall be furnished by the belief. Contractor with reasonable promptness in accordance with the Contractors information and — —Pyn611E Ian, I91b, 1916, 1925, 1937, 1951, 1958, 1961, 1969, 1966, 1967, 197Q, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 39 01997 A" AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 31® 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses 1 L1.1.2 through 11.1.1.5. 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Paragraph 11.1. 11.4 PROPERTY INSURANCE 11.4.1 See Exhibit "A" to the Ap 11 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN A 771ORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTEDAIA DOCUMENTMAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. aff . 11.4.1.2= _ F �v y Rule 'A thp V19Fk-• OleAIA AAA® • AIA DOCUMENT A201 • 1997 GENERAL CONDITIONS OF THE T Copyright 1911, Institute f Arc 1925, 1937, nth 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by CONTRACT FOR CONSTRUCTION The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 Permission of the AIA and can be reproduced in accordance: with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 40 311 • 11.4.2 11.4. 11.4. 11.4. ----:,.,, .,._ MA dAd on the THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 -1997 m Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, /970, 1976, 1987, 1997 b GENERAL CONDITIONS OF THE The American Institute of. Architects. Fifteenth Edition. Reproduction of the material herein or substantial y CONTRACT FOR CONSTRUCTION quotation of Its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with W permission of the AIA and can be reproduced in accordance with your license without violation until the data of ashington, D.C. 20006-5292 expiration as noted below. expiration as noted below. This document is not an original AIA® Contract Document, but a reproduction produced by MAD Contract Documents software for administrative purposes only and Is not for other use or resale. 41 312 11.4.7 Waivers of Subrogatlon. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent eevere" proceeds acmal� received and applied to such loss by property insurance obtained pursuant to this Feregraph 444C2ntraet 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 policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.4.8 fiElUBJeff and Made able . fllaaneF. 11.4.10 to _ac..st And less to tlip Ayflef'g X � - _1 s"Ph objeegan is made, the dispute shall be FAROb'-d As PF6N'jd0d in s r distribution. • THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSUL TA 7/ON WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 11.5 PERFORMANCE BOND AND PAYMENT BOND �= 11.5.1 The Owner she&- ^ •'•- _ ^�• -••requires the Contractor to famish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. s El 01997 AIM AIA DOCUMENT A201 -1997 OCOpynght 1911, 1915, 1918, 1925, f937, 1951, t956. 1961, 1963, 1966, 1967, 7970, 1976, 7987, 19976 GENERAL CONDITIONS OF THE The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein 9 substantial CONTRACT FOR CONSTRUCTION quotation Of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute of Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright 1735 New York Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. 20006-5292 permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is hot an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 42 • 313 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the • Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at THIS DOCUMENT HAS IMPORTANT the Owner's expense. If such Work is not in accordance with the Contract Documents, LEGAL CONSEOUENCES. correction shall be at the Contractors expense unless the condition was caused by the Owner ATTORNEYS ENCOURAGED WITH or a separate contractor in which event the Owner shall be responsible for payment of such RESPECT TO ITS COMPLETION OR costs. MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 12.2 CORRECTION OF WORK DRAFTED AIA DOCUMENT MAYBE MA O 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION D401F BY USING A DOCUMENT 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after This document has been approved and Substantial Completion and whether or not fabricated, installed or completed. Costs of aContractors fAmerica. aced General correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractors obligations under Paragraph 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. 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 the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Paragraph 2 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 performance of the Work. 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. —�- 01997 AIA® AIA DOCUMENT A201 -1997 m Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 b GENERAL CONDITIONS OF THE The Amencan Institute of Architects. Fifteenth Edition. Reproduction of the material herein 8substantial CONTRACT FOR CONSTRUCTION quotation of its provisions without written permission of the AIA violates the copyright laws of the United States The American Institute o{ Architects and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright The New York I Avenue, N.W. laws and will subject the violator to legal prosecution. This document was electronically produced with Washington, D.C. Avenue, 5292 permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 43 314 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 1.2.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractors liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other parry hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES �r The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 44 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 Al" AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 315 • • 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. • 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 0 0 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Subparagraph 13.5.3, shall be at the Owner's expense. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of. repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 1997 by The American Institute of Architects. Fifteenth Edition. Reproductions of the material herein 1or87. substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unl'icansed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 45 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. �'arjpti r V 997 AM AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 316 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall he deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to tun and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which requires all Work to be stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 the Owner has failed to famish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Confractorsof Amenca. 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 e Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 14.3 constitute in the aggregate more than I00 percent of the total number of days scheduled for completion, or 120 days in any 365day period, whichever is less. s'+*air The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the.AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and is not for other use or resale. 46 01"7 Aar AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 311/ 11 0 • 0 14.1.3 If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.3. 14.2 TERM)NATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall he certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. s'4*v;r 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE w uopyngnt 1911, 1915, 1918, 1925, 1937, 1951, 7958, 1961, 1963, 1966, 1967, 7970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with Permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. This document Is not an original A7A® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 47 01997 AM AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 318 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 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 Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by mother 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 Owners convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and Preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. The American Institute of Amhitects. Fifteenth Edition. Reproduction -of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. This document Is not an original AIA® Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes only and Is not for other use or resale. 48 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OFTHIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 01997 At" AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 0 319 • 0 March 25, 2004 RE: Law Enforcement Facility Calhoun County, Texas PWH Project No. 0305 Pfluger Wiginton Hooker, PLLC Exhibit 1: Sheet List - All Drawings Dated January 9, 2004. V�M� OF DRAWINGS INDEX ELTneTovo .ATKiIgJAIF; gWER 65(RkFfAPROVPApi1SAMD PMQLIM ElA45LTEIWATEPARpTGR6NWNRY MTR.WTECTURALT.VIOTAMLNlL13 Y'iDl S1EIlµ Y1L3 91ERANALT9WATE AYd, LRESAFEII'PUN An.s 5,¢UCIURAL fIRERAT3VG PLW A,dl iIRST FL(%N[PLNJ Ald3 iYtSTi1DORPLAN A1N MF3YIANRY:FD PLW A].il N6TfLGOR[lN1ENSYIN PIAN Al.l3 NRSTROOYDNIEILDM PLW A1.13 MEIIANINERIlOR DM PIAN A121 FIYAN®fLppQP1A1$ A' ROLMIFYV14L ooGRso,ewl3s Aida WDRi W1VppV[1ETAY5 AlYI f1EVAlIbNl Ald, NRSTFlOCR RFF,EGfFDfID,NG MAN AA03 A1d3 f1R5t FL0p2 REREgmm1WGP,,(Fl MFIIANIE ASdI RODR RFRELIFII[HHII('RAPI RGOFPLAN KD1 Of1FY1pR FIF/Al1ON5 Ac n. Yl1FRIOR FIEVAIIGNl AYN SPCIpfb L[MTNIS Ndl MAIDING.YQIONS AYYI WALL3ECllgE AYM WALL YLTOHS KLl WALL 4L11pP6 AYYI STAYtffL1pN5 APdI A0.02 Avdl OEfNLC mm" pEfALL3 MA DELI M2 CEIJ DQ1 DEiJ OElI �E32 CEII OEIA DE3J OE1.6 �1 061.2 EttLI F1ECfRONIGyFpJRRYSYMPOlS LF[8N fYl.l PAR1NL fY6TFlGOIf PLNV FYl.3 PARINL F9l5TFI1lpRRAN EYIJ 5[gp10 FlAdtRAH FY3.1 @YAP,®5CA{[i1ppRRN.IS EY11 EIFORUYGAII1Rli1'D£IAYS EY33 f1ICIRONIG3H31RM 6EFNLf EYJ.3 FIfCiROHICAIIIN1YOEfNIS EY41 HI4iRCMC3R11RrtY DN(TAI.,f M1 F,8,Pa111G5O1Pl1YO3N1ROl PAN93 C1 EQl1VMFNEPlAN 6501♦nNF Rl 9fLlRlflt RAH q RWNNLflAN Ra VFM3ATR#, nnn 13 EXMAUSf NOOp pETNLS Ifb WNUSIHCODpEINLS STRUCTURAL Sldl SiRULT11RAt N016 5201 fd1NDATICf!%AN_W6C S, na fOUN[,ATgN P1AN-FAS! szYa srroNn RnoRPRAMwc s3dl PLAN-WFlf RRsrLmLmlwc rR.vAY+cn.w-Pwsr 5]d5 SESfB)1EVg m1JMLLItTV ROCF iR.11.YNG sLas PLNV - W f 3T LqY ROGPEPAMING R.w-FA3F sxm NKII YOGFFYAMwcPLAN-wEsr sLY, ruucrvNVELmNP1EpnN OE3Aus 3L@ PANELE ATIGNG S1IIl PANELHLVAl1pNf swa rNaervAlaru sul IrrK•wtconoui[oETAas - SlN BEAM3fH®,IIE• .. co CaPYFEIEbLTAY3 SIaS [DN(REIF[lETA656AAX)!LS CDNIOIF/LIXTAY5Y.1Zt]KM'S SSA, 1 W RAAIPoG [)ETAYS $@ lSCLSC Mfl,ANFGU3 [kTAYS MECHANICAL, PLUMBING, ELECTRICAL Ml.l M1OMW(ALSYMKXVIIGEFID MIS MEONNM.1LSO,Fp{YES - M1J MEQ,ANIpJ.SOi®lY8 Mil PARILLL lY6FFIUORR.W-INK IN.I- PARMLIR4FRDOR PIAN-INK M]J PARM1LLN61 FLOOR PLW-HVK M>A PARILLLR@5{gpppp{µ_M/AL M25 IMf V�L38CWID ftOOR RAN. H VK M]S PARIML3ELLYY)iLGCKPLVJ-HVK MIJ ROOPPIAN-NVK MLI PARIWLIY6TFIOp[RAN.NVKPPPoc M1J PARINLi06Fi1110RRAN-HVKPPPIG My rARRLLEYlSFFLL]OR PIAN-1NK PYT,G M3A IARINLiA'FI iLOORRAM-FNKIWY- M3J PAIOLLL,YmPIp ROOR I,AN-HVKPWIO M PAPV4 pNDFLOORRAH-1NKRPIG T M41 WAMlRPY4JODINFAµl M61 ME' 1ANY.LL[YTNLS Mfg MEONNCAL [IETAY3 L16) MEOMIY[:N,l1FL1115 R.l rsz Ptl P}A R3 Pad P3J ISJ 23 M1I MU M12 P3.1 PS2 P3J P3.t P3-S Ii6 P31 Kl P[ P61 PF.4 P3J MFI.I 0.1 Ql Ell Eil E32 Ql ElA k1.5 Q6 K1 W MJ FS1 P61 V2 . vs 320 EXHIBIT "2" PREVAILING WAGE RATES GENERAL SUMMARY In the execution of the Contract for this project, the General Contractor ("General Contractor') must comply with all applicable state and federal laws, including but not limited to laws concerned with labor, equal employment opportunity, safety, minimum wage and prevailing wage rates requirements under Chapter 2258 of the Texas Government Code. The General Contractor and each Subcontractor who performs Work under this Contract, must pay not less than the rates described herein to a worker employed by it in the execution of the Work. A General Contractor or Subcontractor who violates these provisions shall pay to Owner $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated herein. The General Contractor and each Subcontractor shall keep a record showing: (1) the name and occupation of each worker employed by the General Contractor or Subcontractor in the construction of the public work; and (2) the actual per diem wages paid to each worker. The record shall be open at all reasonable hours to inspection by officers and agents of Owner. In the event of a complaint of a breach of these requirements by General Contractor or a Subcontractor, Owner shall have the right to make a determination as provided by law, and to retain any amount due under the contract pending a final determination of the violation. DEFINITIONS • Base Per Diem Wage Rates: Except for work on legal holidays, the "general prevailing rate of per diem wage" for the various crafts, type of workers, or mechanics is the product of (a) number of hours worked per day, except for overtime hours, times (b) respective Rate Per Hour. Multipliers for Overtime Rates: Over 40 hours per week: The "general prevailing rate for overtime work" for the crafts, type of workers, or mechanics is one and one-half times the respective Rate Per Hour. Multipliers for Holiday Rates: For legal holidays, the "general prevailing rate of per diem wage" for the various crafts, type of workers, or mechanics is the product of (a) one and one-half times the respective Rate Per Hour times (b) the number of hours worked on the legal holiday. 0 31 • C • Minimum Wage Schedule Prevailing Wage Rates for Building Construction (Calhoun County) (Associated Builders/AGc Wage Survey 2003) Victoria Jackson Calhoun Rufugio San Patricio Classification HVAC Mechanics Brick Layers Carpenters Concrete Worker(Building) Electricians Glaziers Ironworkers (Structural) Ironworkers (Reinforcing) General Laborers Helpers (per trade) Painters Plumbers and Pipefitters Power Equipment Operators Cranes Other Roofers Sheetmetal workers Tile Setters Goliad Bee Aransaa Dewitt Rate/Hour Fringes if applicable 8.75 1.58a 11.72 9.90 7.12 9.25 1.58a 11.98 9.45 1,71 7.50 5.33 6.55 8.11 8.50 1.58a 9.50 (See heavy and highway rates) 8.14 11.01 10.69 Note: Welders Receive rate prescribed for craft performing operation to which welding is incidental Footnote: a- One week paid vacation RESIDENTIAL CONSTRUCTION Rates Air Conditioning Mechanic ...... $ 7.20 Bricklayer .....................$ 8.50 Carpenter ......................$ 7.00 Cement Mason ...................$ 7.00 Electrician ....................$ 7.31 Glazier ........................$ 6.55 Ironworker .....................$ 5.15 Laborers: LABORERS ....................$ 5.15 2 Fringes 322 MASON TENDERS ...............$ 5.15 Painter .................... .... $ 6.50 Plumbers and Pipefitters....... $ 8.01 Roofer .........................$ 6.50 Sheet metal worker .............$ 9.44 Truck Driver ....................$ ______________________________.-_-__-_-_-_-__-_-____-_----_____-_ 5.50 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. GENERAL DECISION: TX20030038 TX38 Date: June 13, 2003 General Decision Number: TX20030038 Superseded General Decision No. TX020038 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies) ARANSAS FRIO LLANO ATASCOSA GILLESPIE MASON AUSTIN GOLIAD MATAGORDA BANDERA GONZALES MAVERICK BASTROP JACKSON MCMULLEN BEE JIM HOGG MEDINA BLANCO JIM WELLS REFUGIO BROOKS KARNES STARR BURNET KENDALL UVALDE CALDWELL KENEDY WHARTON CALHOUN KERR WILLACY COLORADO KLEBERG WILSON DE WITT LA SALLE ZAPATA DIMMIT LAVACA ZAVALA DUVAL LEE FAYETTE LIVE OAK Heavy (excluding tunnels and dams and all heavy work in Matagorda and Wharton Counties) and Highway Construction Projects (does not include building structures in rest area projects) and Incidental Shore work in Aransas, Bee, Brooks, Calhoun, DeWitt, Goliad, Jackson, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Lavaca, Live Oak, Refugio, Starr, Willacy and Zapata Counties. Modification Number Publication Date 0 06/13/2003 3 43 • • • • • COUNTY(ies) ARANSAS FRIO LLANO ATASCOSA GILLESPIE MASON AUSTIN GOLIAD MATAGORDA BANDERA GONZALES MAVERICK BASTROP JACKSON MCMULLEN BEE JIM HOGG MEDINA BLANCO JIM WELLS REFUGIO BROOKS KARNES STARR BURNET KENDALL UVALDE CALDWELL KENEDY WHARTON CALHOUN KERR WILLACY COLORADO KLEBERG WILSON DE WITT LA SALLE ZAPATA DINMIT LAVACA ZAVALA DUVAL LEE FAYETTE LIVE OAK SUTX2041A 03/26/1998 Rates ASPHALT RAKER 7.86 ASPHALT SHOVELER 7.25 CARPENTER 9.81 CONCRETE FINISHER -PAVING 9.41 CONCRETE FINISHER -STRUCTURES 9.10 COCNRETE RUBBER 8.02 ELECTRICIAN 13.94 FLAGGER 5.99 FORM BUILDER -STRUCTURES 10.05 FORM SETTER -PAVING & CURB 8.32 FORM SETTER -STRUCTURES 8.54 LABORER -COMMON 6.67 LABORER -UTILITY 7.58 MECHANIC 9.38 SERVICER 8.03 PILEDRIVER 13.75 PIPE LAYER 7.89 ASPHALT DISTRIBUTOR OPERATOR 8.64 ASPHALT PAVING MACHINE 9.47 BROOM OR SWEEPER OPERATOR 7.09 BULLDOZER 8.89 CONCRETE PAVING SAW 9.00 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 10.16 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 12.31 FRONT END LOADER 8.20 MOTOR GRADER OPERATOR PINE GRADE 11,56 MOTOR GRADER OPERATOR 9.72 PAVEMENT MARKING MACHINE B 12 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 8.48 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 6.67 ROLLER, PNEUMATIC, SELF PROPELLED 7.04 SCRAPER 7.65 TRACTOR -PNEUMATIC 7.31 TRAVELING MIXER 7.76 Fringes �N� REINFORCING STEEL SETTER PAVING 8.90 SPREADER BOX OPERATOR 8.38 BARRICADE SERVICER WORK ZONE 7.09 TRUCK DRIVER -SINGLE AXLE LIGHT 7.42 TRUCK DRIVER -SINGLE AXLE HEAVY 8.25 TRUCK DRIVER -TANDEM AXLE SEMI- TRAILER 7.60• TRUCK DRIVER-LOWBOY/FLOAT 10.2929 5 325 • • 0 0 7Y AlA Document G701 - 2001 Change Order OWNER X ARCHITECT X CONTRACTOR X FIELD X OTHER PROJECT (Name and address); CHANGE ORDER NUfh8ER: 001 Calhoun County Law Enforcement Facility 211 South Ann Street Port Lavaca, Texas 77979 DATE March 25, 2004 TO CONTRACTOR (Name and address): Ion Krueger Construction Co P. O. Box 3613 205 Profit Drive Victoria,Texas 77901 ARCHITECT'S PROJECT NUMBER: 3o5 CONTRACT DATE: March 25, 2004 CONTRACT FOR:.General Construction THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, —Y undisputed amount attributable to pmiously executed Construction Change Directives) Revisions to the Contract per Post 04rificaflou Documents as foIIows: Post -Bid Clarification Document dated 2-27-04; Revisions m the Contract including Required Insurance Requirements Miscellaueous Coordination Items Specification of Laundry Equ4,meat Revisions per jail Commission comments Post -Bid Clarification Document dated 3-04-04: Voided Post -Bid Clarification Dccmnent dated 3-22-04:Superceded by PCD 3-23-04 Post -Bid Clarification Document dated 3-23-04: Revisions to the Contract including . Revisions per negodatlons with Contractor bash on Krueger Construction response list Letter to Kreger Construction dated 3-22.04 summarizing modifying the Krueger response Hsi. The original Contract Sam was The net change by previously authorized Change Orders The Contract Sum prior m this Change Order was The Contract Sum will be increased by this Change order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be decreased by Fourteen ( 14) days. The date of Substantial Completion as of the date of this Change Order therefore is $ 6,934000.o0 i 0.00 6 6,934,000.00 $ 17.269.00 $ 6,951,269% NOTE: This Cbange Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum price which have been authorized by Conawcoon Change I>irocdve until the cost and in which rase a Change Order is executed to su time have been agreed upouby both the OwntrabdCotr[rnc[or, persede the Construction (]range Defective. AU Uoeuawnt G701at _yppr, Copyriynt O fa78 and 2081 by 7hs Doeumertt 4 protactatl by U.B. t.opyrgnt Law seed IntsmatbnN Ash Nsatufe o(ArWtega. AO rtahte raewvW, WANNING: Thu Atge ponbn of IL may raeutt In sewn dull end erhnlrW Tmtlw, Unattthodted npraWredon or dkb{buWn W thb A1Ae ppeumanL a any was Produced A14 awareat 16:40St on P�a1tW, end wla be prwetulW to tM maxbown axtem possible under tta Dew. Thin dxamsn Dear Notes: � - 'atderOrder tJ0.11pdpe$438 fwnu,, ..N____......__ (1414153088)' 326 NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Pfluger Wieinton Hooker, PLLC ARCHITECT (Finn name) 9696 Skillman Street, Suite 255, Dallas, Texas 75243 ADORES BY (Signatu ) (Typed Home) Don Krueger Construction Co Ca_lhoon County, Texas _ CONTRACTOR (Firm name) OWNER (Firm name) 24627 State Highway 172, Port Lavaca, Texas 77979 ADDRESS BY (Signature) _ H , ,J— c. v y 0 (Typed name) L� � 3-agr-04 3 • 2-5- - oy DATE DATE DATE 1'. O. Box 3613. 205 Profit Drive, Victoria,Texas 77901 ADORE S BY (Signam>e) Il (Typedname) MA Dowument G701" —2001. Copyright O 1979 and 2001 by Tt Documem Is protected by U.S. Copyright Low Intl International Portion of It may result In seven civil end criminal penalties, m was produced by ALA software at 16:40.51 on O r4=04 under Om User Notes: o Instlute o1 Architects. All tlghb reserved. WARNING: This AIAs Unauthorized reproduction or disblbution of this AIAs Document or env prosecuted to 1110 maximum extent possible under the law. This document 3096439_1 which expires on V31*005, and is not for resale. (1414153065) 3`7 0 • P F L,U G E R W I G I N T O N H O.O K E R, P. L. L. C. III _ ARCHITECTS / PLANNING CONSULTANTS March 22, 2004 Mr. Kevin Krieger Krueger Construction Company • 205 Profit Drive Victoria, Texas 77901 Fax No. 361=573-0162 RE; New Law Enforcement Facility Calhoun County, Texas PWH Project No. 305 Dear Mr. Krueger: Attached please find PostBid Clarification letter number three dated 03-22-04 summarizing the clarifications discussed in our meeting last week. Please review these matters and confirm that there is no change in price' farther items noted in this document. Changes in price are addressed in the summary of your response. which follows, Your response to the first two letters of Post. -Bid Clarification were reviewed last week with the County,repre'sentdtive. and were approved for,indlusion in Change Order No. 1 with the following revisions and'elarifieations. Item' PBS-2'changes from; an add of $3,900, to "no change in price" " Item PBD 25&37 change$:from anadd .of $13,100 to."$10,600"_to use floor drains • instead of flops sinks. ..A reduction of. $2,SOQ tq your total:: Item PBD 36 is deleted. A, reduction of $38,632 to your total Total Adjustments to response ($45,032) The following valu& engineering suggestions were accepted by the County. VE-3.delete testing of electrical systems. Save $4,000 VE-7 Use ETI brand for:duct boxes. Save $4'000 VE-13 delete requirement for.printed job photos. Save $675 VE-14&15 remove exposed aggregate finish and reveals at exercise yard. Save $6,330. VE-16 delete item: No savings .. Total, Savings, Accepted ($1'S,005) Your Total Cost Proposal $77 306 Adjusted by ($45;032) 9696 SKILIMAN STREET /SUITE 255 / DALLAS, TEXAS 75243 COLORADO CROSSING./ 273 SOUTH LAMAR / SUITE 300 / AUSTIN. TEXAS 78704 214/349-5558FAX. 21: /349-2522 - 512/<76 4040 FAX: 512/476 4209 -. - • 328 • 329 Post Bid Clarification Reference Item Specifications Descri lion Cost UPPLEMENARY CONDITIONS - 11.1 CONTRACTOR'S IABILITY INSURANCE - 11.1.2.1 - Refere to attachedC document PBS-1or Insurance requirements $2,000 Port Ent ETAL STAIRS - 2.3 FABRICATION - Add item "H". All stair PBS-2osin s shall project 1 114" past riser. $3,900 Safe Steel LUMINUM FRAMED STOREFRONTS AND WINDOWS - Exterior luminum framed Storefront is to comply with Texas Department of surance Standards for wind storm rating. Apply sealant around the =#4on xterior perimeter of the storefront where glazing and frame are ined. As noted under Code & Regulation on sheet 0.01 and note PBS-24 on Window T es on sheet A2.02 $0 Tx Glass ERAMIC AND STONE TILE - Item 2.4 - Delete Stone Tile and PBS-3place with Quar Tile Qua Tile er reviseds ecifications No Chan a CJ TilRANSACTION DRAWER -Add specification section forPBS 4ransaction Drawers UNDRY EQUIPMENT -Add spec�cati0 section for LaundryPBS-5uipment $14,075 Diebold Reference uc l ov 11Un EQUIPMENT, 2.13 SECURITY GLAZING A.3 GLASS PBS 6 SCHEDULE ADD g. GLASS TYPE E - Bullet Resistant Glass h. 11190 Gap Glass T Type F -NOT USED DOOR HARDWARE SETS -Add closers/dps (LCN 2210 series Na DPSAVBT) to hardware sets S20G, S21 F, S21 G, S21 H, S21 L, S22H PBS-7 11190 and S221. PBS-8 PBS-9 11190 DOOR SCHEDULE - Chan a door elevation from G to G3 No 11190 DOOR SCHEDULE -Chan a door lass from E to B No • DOOR SCHEDULE - All doors are to receive a door stop. Locate PBS-10 door stop to create a minimum of 6" between door and wall when 11190 door is fully ooened_ Reference wulliv ot Be snown excluding designated trees and (existi*elainesanitarysewer I vide is of bet C-2 deleted. PARTIAL FIRST FLOOR PLAN - Prov2" meal wall louverA1.01 6'-8" above finish floor level. Refer1,01PARTIALFIRST FLOOR PLAN - Add in Kitchen 1006.A1.01 Slop floor to floor sinks. ACCESSORY LEGEND -Note "H" Shholder is to be OBen A1.21 rovided in 1046,1065b and 1085DETAIL 19 - Concrete bench section iided in 1047, 1057, A1.21 1061 and1062. No • Ri 330 ETAIL 18 - Concrete bench section is to be provided in 1042, 1043 PBD-6and 1060 MATERIAL LEGEND - Change code TP (Tile Paver) to QT No Chan a DKCC PBD-7Tile) (Quarry MATERIAL LEGEND - Change code TDP (Tile Paver Base) to QTB wlPBS-3 CJ PBD-8(Qua Tile Base wJPBS-3 CJ PBD-9thefollowin ROOM FINISH SCHEDULE - Change finish designation as noted for rooms (1002, 1003, 1004, 1006, 1009, 1091A, 1091E Eo w/PBS-3 CJ REFLECTED CEILING PLAN - Exposed gypsum membrane attached to joist in Dock 1001 and Sally Port 1048 is to be taped, bedded, textured and painted. All other gypsum membrane areas PBD-10re to be sum board only. NO tape, bed or paint. en Ann Kell Paint ETENTION EQUIPMENT FIRST FLOOR PLAN - Relocate Pistol ocker from Security Vestibule 1063 to Public Lobby 1091B. PBD-11eference 1R/A1.02 NMATE VISITATION 1081 - Change wall hung stool located at No Chan a ISI iwinur lnom ....d ---_ -••� •..r,a..� rr,u� n DE2.1 Xx/nnY Y 11w, mouniea stool. Ket. 13 DE2.1 PARTIAL FIRST FLOOR PLAN - VISITATION CONTROL 1090 - Add transaction drawer and Millwork. Reference 1 R/A1.02 and 1 R & 2R/A6.01 Millwork add only - transaction with Item PBS-4 PARTIAL FIRST FLOOR PLAN - MASTER CONTROL 1040 - Add (2) transaction drawer and Millwork. Reference 1 R/A1.02 and I & 4 DE2,1, 2R/A6.01 5 DE4.1 DETAIL 203 - Opening shall be 12" w x 24"h 4 N DETAIL 229 -Change room numbers from 301/365 and 302/363 to 6 DE4.2 1088/1083 and 1089/1082. DETAIL 224 -Change reference of detail 10/de3.1 to detail N 7 DE4.2 230/DE4.2 FOUNDATION PLAN WEST -KITCHEN 1006 - Modify floor slab to Ni 3 S2.01 sin is to floor sinks DIFFUSER AND GRILL SCHEDULE - a Chan e 9 type "H" from SG- w TDC to Titus SG=PR, 12" x 12" neck b) Change type "BB" from SG- 1 M1.2 TDC to Titus SG -PR, 24" x 24" PARTIAL FIRST FLOOR PLAN - HVAC - SALLYPORT 1048 - Nc INTAKE LOUVER IN SOUTH WALL - Add security bars per Detail M2.1 8/M6.2 DETAIL 8 -NOTE 1 -delete "(90 sq in and larger)" and substitute in No M6.2 its place " 8" b 8" and larger) No DETAIL 5 - Add the following capacityies and pipe sizes,, Expansion Tank Capacity, PRV Set Point, Relief Valve, Pipe Size A, Pipe Size B M6.2 and Pi a Size C DETAIL 8 - MANTRAP DETAIL -NOTE 1 - Add "secured perimeter No M6.2 includes walls, roof and control rooms" DETAIL 8 - MANTRAP DETAIL - NOTE 2 - Delete "mantrap M6.2 locations shown on plan are approximate' ENLARGED KITCHEN PLAN - PLUMBING - Add full grate Floor W/A P2.12 Sinks in Kitchen 1006. Reference P2.12-SK-2 & P2.12SK-3. �v/F ENLARGED KITCHEN PLAN - PLUMBING - LAUNDRY ROOM 1010A - Add drop in sink, hot & cold water and sanitary drain at the P2,12 counter on the east wall. ,.. ISI KBM 3J • • 0 0 • PARTIAL UNDERFLOOR PLAN - PLUMBING - Add pipe to run from new Floor Sinks in Kitchen 1006. Reference P2.3-SK-3 & P2.3-SK- PBD-27 P2.3 4. w/PBD-3 Edwards PARTIAL FIRST FLOOR PLAN - Change shower type SH-2 in Toilet PBD-28 P2.7 Room 1027 to type SH-1 No Chan a Edwards SITE PLAN - ELECTRICAL - The communications conduits to the New Building (Note 14) shall be routed to the Existing Building in lieu of the New Bulding. Termite the conduits per note 17 in the Existing PBD-29 ME1.1 building. , No Chan a KGS IPARTIAL FIRST FLOOR PLAN - LIGHTING - ROOM 1028 - Light PBD-30 E2.1 fixture circuit is changed from H1A-5 to EHA-3. No Chan a KGS PARTIAL FIRST FLOOR PLAN - LIGHTING - ROOM 1029 - Light PBD-31 E2.2 fixture circuit is changed from H1A-5 to EHA-3 No Chan a KGS SECOND FLOOR PLAN - POWER - Revise the branch circuit home run designation for AHU-8 and AHU-9 from L2A-7 and 9 to EL2A-24 PBD-32 E3.3 and 26. No Chan a KGS PARTIAL FIRST FLOOR PALN - LIGHTING - Provide duct mounted VESDA sample point for rooms 1066, 1067, 1070, 1071, 1074, 1075 PBD-33 E4.2 and 1078 No Chan a KGS PARTIAL FIRST FLOOR PLAN - LIGHTING - ROOM 1064 - Provide duct mounted VESDA sample point for rooms 1066, 1067, 1070, PBD-34 E4.2 1074, 1075 and 1078 No Chan a KGS ONE -LINE DIAGRAM -AHU 2, 3, 4, 5, 6, 7 and 10 shall be circuited to EMCCA. The starters, circuit breakers etc. indicated on the One Line Diagram in MCCA for these air handlers shall be relocated to EMCCA. Provide additional motor control center sections as PBD-35 E5.1 required to accommodate these additional starters in EMCCA No Chan a KGS At the request of the TCJS, toga metal plate is required to be installed above the gypsum board of the suspended ceilings in rooms 1033A, 1036A, 1037A and 1044A. The plate is to be screwed into PBD-36 Ltr 3/4/04 the C-channels and gypsum board is to be screwed into the plate. $38,632 A lied Finist Total Cost of all Post Bid Addenda Items $77,306 VALUE ENGINEERING SUGGESTIONS Reference Item Specifications Description Cost VE-1 To chan a R-20 Iso Board to a R-17.2 Iso Board To change the prefinished aluminum coping to a prefinished 24 ga $2,059 Port VE-2 steel sheet metal co in VE-3 16950 Delete Independent Testing of electrical s stems $472 Port VE-4 $4,000 KGS Chan a transformer windin s to aluminum VE-5 Make light fixture chan es er attached sheet $600 KGS VE-6 $1,500 KGS Change TVSS Unit Manufacturer er attached $KGS VE-7 Use ETI Brand of sin le duct boxes in lieu of specified $4,000 00 KBM On AHU-1: Use 1-8 row coil to meet required loads in lieu of 1-4 row VE-8 and 1-6 row in series $3,110 KBM Use "Black -fin" phenolic epoxy coating in lieu of "Baked Epoxy" VE-9 coatinn nn chill., ��,4 nw 1_4 $4,990 KBM 332 Total Value Engineering Suggestions ($41,636) Total Adds and Deducts per this Worksheet $35,670 333 E 0 • Post -Bid Clarification Post -Bid Clarification FOR: LAW ENFORCEMENT FACILITY CALHOUN COUNTY PORT LAVACA, TEXAS TO: DRAWINGS AND SPECIFICATIONS DATED: January 9, 2004 PREPARED BY: PFLUGER WIGINTON HOOKER, P.L.L.C. ADDENDUM DATE: March 24, 2004(replaces addendum dated 3-23-04) PROJECT NO.: 03-24P / 0305W 03-24/0305 This Post -Bid Clarification shall be considered part of the Contract Documents for the above mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original Contract Documents, this Post -Bid Clarification shall govern and take precedence. Post -Bid Clarification consists of the following: Post -Bid Clarification Pages 1 thru 2 Specifications 00800 - Insurance Requirements, 11199 - Transaction Drawer, 11452 - Laundry Equipment D_ rawinps 1R/A1.01, 1R/A1.02, 2R/A1.02, 1R & 2R/A6.01, 22R/A6.03, S2.01-SK-1, P2.12SK-2, P2.12-SK-3, P2.3-SK-3, P2.3-SK-4 Offerors are hereby notified that they shall make any necessary adjustment in their estimates on account of this Post -Bid Clarification. It will be construed that each Offeror's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. • SPECIFICATIONS: CALHOUN COUNTY LAW ENFORCEMENT FACILITY (volume I) ar=wr1cAT10NS: CALHOUN COUNTY LAW ENFORCEMENT FACILITY (volume ll) Pagel of 2 • to include Envirotech provided to meet all design criteria of Section 3M Post -Bid Clarification DRAWINGS: CALHOUN COUNTY LAW ENFORCEMENT FACILITY 03-24/0305 Item Reference Description Drewin a PBD-1 A2.01 Room Finish Schedule: Rooms 1033A, 1036A, 1037A & 1044A Delete Post Bid Clarification letter dated 03-04-04 requiring metal plate at the ceiling of the rooms listed above. Ceiling will be as originally specified in documents. PBD-2 A8.01 Wall Section 8: Revise wall section per attached drawing 8R/A8.01 to show specified plank at ceiling. Concrete masonry unit wall is to stop at plank rather than specified e 1 head condition to deck. PBD-3 A8.03 Wall Sections 6 & 7: Delete exposed aggregate finish and surface reveals at these wall sections where exposed to the outdoor exercise yard. Surface of the concrete panel is to be troweled onl on and side. PBD-4 A8.03 Wall Section 1(revised by wall section 1 R of Addendum 4): Delete exposed aggregate finish and surface reveals on the outdoor exercise yard only. This face of panel will be troweled finish only on yard side. Public side of wall will retain exposed aggregate and reveals. The panel is changed from a 1'-5' thick to a 1'-0' thick solid concrete panel, delete reference to '2 '/+' anel'. PBD-5 A8.03 Wall Section 8: Delete exposed aggregate finish and surface reveals below the steel trellis on the concrete panel facing the outdoor exercise yard. This face of panel will be sandblasted only below the trellis PB0.6 P2.12 Kitchen Plan -Plumbing: Change from floor sink specified item PBD-25 of Post Bid Clarification dated 02-27-04 per drawings P2.12SK-2&3 to floor drain per attached drawings P2.12-SK-2&3 dated 03-19-04 PBD-6 P2.3 Partial Underfloor -Plumbing: (Kitchen) Change from floor sink specified item PBD-27 of Post Bid Clarification dated 02-27-04 per drawings P2.3-SK-3&4 to floor drain per attached drawings P2.3- SKS&4 dated 03-19-04 END OF POST -BID CLARIFICATION Page 2 of 2 311 35 • • • I • MODIFIED WILIM. ROOFING - W/CERAAUC S UAST ON 3 1/2' POLYISD RIGID INSUL OVER 1 1/2' MR, DECK ALUMINUM CAP OVER 3/4' CDX PLYWOOD ON 2x TREATED WOOD BLX'G. _ T.O. PARAPET = 11 A'-R{ ra l CONT. FIBER CANE TO XILST = 11 FIBER COMPOSITE --� CONNECTORS O 18' O.C.E.W. GYP. BD. MEMBRANE — CONC. PLANK m 8' C.M.U. BOND BFAM— °p 2' POLYSTYRENE — o INSLI A71ON I SUSP. CLr, AS SCHED.— 8' CONCRETE TILT -WALL — PANEL 3/4' EXPOSED AGGREGATE ON 2 1/4' CONC. TLLT-UP VENEER Ii "U. WALL TYPICAL FINM FLOOR AS S r J. F F s lrwV I' FINISH GRADE 1 REF. CML CONCRETE SLAB ' RE. SIRUCIURAL VAPOR BARRIER •L•= FT. R R WALL SECTION @ FEMALE M.O. CELLS V ■ '% 1/4'•I'-O' v � I MAR4I4 22, 2004 µys PLUG88 IGINTON OOS88,'L- III CALHOUN COUNTY w ENFORCEMENT FACT 0305 A8.01 momnw,. vna um.tawmr is.uw.. LUIuc.,a POER LAVACA i78NLS 336 03/19/04 FRI 13:45 FAX 7948239 HMG ASSOC Z 002 Q2 u 5/4' I-V2' 4'FW 1-1/4' SANITARY SEWER L ® TO FLOOR DRAIN.--x SCALE: 1/4' - 1'-O' NORTH PLAN NORTH rerun Art/'/ r .ASM0ciArcx u+c. Omtwun[ Macho i.4 • Bltutrkal YY{IAtan . r Mn 2q war fm m i 514, WATTS NO. 00&-07 DRIP PROOF FREsi-q1RE 7YFE 2,^a+ BAW'LOW PREVENTER VALVE. MOUNT/SECURE VALVE ' TOP OF ICE MAKER. PROVIDE ADDITIONAL PIPE SUP ADEQUATELY 5ECUR2/SIJPPORT VALVE PROVIDE t&6 POLISHED CHROME PLATED OAST BRASS PIPE ESGUT SOREW ON WATER INLET AND WATER OUTLET LINES PENETRATES FINISHED WALL CONTINUE; 01401110 ICE M 1/2' cW LINE DONAI TO UNDERFLOOR 1/2' HW LINE DOMAI L TO UNDERFLOOR. 4' SANITARY SEMH2 REP. 122b FOR CONT. V24 CH LINE DOMR4 TO UNDERPi00R 5/4' WATTS NO. 006-OT DRIP PROOF PRESSURE TYPE BAMFLOW PREVO ER VALVE MOUNTSWM VALVq TOP OF COFFEE MAKER PROVIDE ADDITIONAL PIPE CALHOUN COUNTY JAIL PORT LAVACA. llXAt 2 BRIAN D. POST BID CLARIFICATION 61.11h it. pow SHEET ros BY. a PZ12 2D BY, mu DAP N0. % 5lW3M P2.12-SK-3 337 03/19/04 FRI 13:46 FAX 7948239 HMG ASSOC 003 • 3aS 03/19/04 FRI 13:47 FAI 7948239 HMG ASSOC 21004 • + 6REA OR SIWC -J '* I ULIV TO i-LOOK DRAIN WsAaE VENT 2' O FLOOR DRAIN.— i2• .� I 3' SANITARY 6W UP TO MOP SINK. 4' 6REME 2. 2 P TO F SINK 2' 5ANTARY SEWER 4' 6REA5E VENT I UP TO LAVATORY. i/2' Gh LP -UP 101 PL OOR SINK 6V 4' -- --IT2T 2.YT F R9'TCINES FROM LIEN U2' t NW LINESCAONTIMOM UP TO RINSE 51�K 1/2'HN Lit FROM LEY COPPER 4' Qar V2' GW LI' I ' 6N Y 4. UP TO FLOOR DRAIN.} 46 _- VENT - 1/2' M LINE LIP TO 'OR S1Nc FAUGET. I 6W 4' 4' IN _ABOVE .-----_- uusn ,AF,,, t A..... INC. cAnstdi Nu Y WY. Yyglu= N�Au 4" GREASE VENT C UP TO FLOOR DRAIN. I CONTIN1,10Ik3 COPPER `V20 TUBING (NO JOINTS LNXR SLAB). CALHOUN COUNTY JAIL PO" "V".% Tows / 0 • APOST BID CLARIFICATION YmM 19. IW1 BMW NO. Or- a P23 o BY: BOM BE= No. :: ,,,,,o, P23-SK-4 I 30 is I• I� 03/19/04 FRI 13:47 FAI 7948239 2" 6REASE VENT UP IN WALL TO LEVEL ABOVE 2' SANITARY 57> UP TO HAND 5INK.R\ 2' 6REAW VENT UP IN WALL TO LEVEL ABOVE t206PZASE VMffLP INO LEVEL ABOVE ASE VENT TJP IN O Lim ABOVE 4' 6REASE VENT UP IN WALL TO LEVEL A50VE - G ;TO E VENT UP IN LEVEL ABOVE r a HMG ASSOC ®005 ' lilt 6REASE VENT 1 I TO"LOOR SINK. 4 GREASE VENT I 2' UP TO FLOOR DRAIN., I �' d2- 62° 2 I 4° 6REASE VENT' L ' I -$t-----W-rOIFLOORS�NK I 2• V2' 6 t 44 LINES UP TOI2-wmp, SIN) 122 CH W- To iWW147 /. FLOOR4* CREASE VW UP TO DRAINA a CALHOUN COUNTY JAIL POST LAVACA. Tour 5 4' It2l HW LINE v FAU zT. 4, I 6W POST BID CLARIFICATION MW619. 2W1 RmoBNCB BY: y_ P23 CD BY, eoB MEET No. 518,,m P23-SK-3 31iO Post -Bid Clarification Post -Bid Clarification FOR: LAW ENFORCEMENT FACILITY CALHOUN COUNTY PORT LAVACA, TEXAS TO: DRAWINGS AND SPECIFICATIONS DATED: January 9, 2004 PREPARED BY: PFLUGER WIGINTON HOOKER, P.L.L.C. ADDENDUM DATE: February 27, 2004 PROJECT NO.: 03-24P / 0305W 03-2410305 This Post -Bid Clarification shall be considered part of the Contract Documents for the above mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original Contract Documents, this Post -Bid Clarification shall govern and take precedence. Post -Bid Clarification consists of the following: Post -Bid Clarification Pages 1 thru 4 Soeciffcations 00800 — Insurance Requirements, 11199 — Transaction Drawer, 11452 — Laundry Equipment Drawinos 1R/A1.01, 1R/A1.02, 21R/A1.02, 1R & 2R/A6.02y22R/A6.03, S2.01-SK-1, P2.12-SK-2, P2.12-SK-3, P2.3SK-3, P2.3SK-4 Offerors are hereby notified that they shall make any necessary adjustment in their estimates, on account of this Post -Bid Clarification. It will be construed that each Offeror's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. SPECIFICATIONS: CALHOUN COUNTY LAW ENFORCEMENT FACILITY (volume 1) • Item Reference Description S cification s PBS-1 00800 SUPPLEMENARYCONDITIONS-11.1CONTRACTOR'SLIABILITY INSURANCE—11.1.2.1 — Refer to attached document for Insurance requirements PBS-2 05511 METAL STAIRS — 2.3 FABRICATION — Add item'H. All stair nosings shall ro'ed t'/.' at riser PBS-2 08410 ALUMINUM -FRAMED STOREFRONTS AND WINDOWS - Exterior Aluminum - framed Storefront is to comply with Texas Department of Insurance Standards for wind stone rating. Apply sealant around the exterior perimeter of the storefront where glazing and frame are joined. As noted under Code & Regulation on sheet 0.01 and note #4 on Window Types on sheet A2.02 PBS-3 09300 CERAMIC AND STONE TILE -Item 2.4—Delete Stone Tile and replace with Quarry Tile 2.4 QUARRY TILE A. Acceptable Manufacturers: Subject to compliance with requirements herein provide products from one of the following manufacturers. Page 1 of 4 341 f �J 0 • • Post -Bid Clarification 03-24/0305 2. Dal Tile. 3. Florida Tile. 4. Interceramic, USA, Garland, TX. 5. Substitutions: Submit in accordance with Section 01500. B. Material: Vitreous body, frostproof, unglazed, V-backed, square edge four sides after firing. C. Base: Matching cove base units, 6 inches high, bullnosed top. D. Comply with requirements of ANSI A137.1, paragraph 5.2, standard grade. E. Water Absorption: 0.5 to 3 percent maximum, ASTM C 373. F. Static Coefficient of Friction: 0.60 minimum, ASTM C 1028. Provide with embossed, slip resistant surface using either starburst or linear pattern. G. Size, Finish: Refer to finish legend on Drawings, or where not so indicated, as selected by Architect from manufacturer's full available range of standard and premium colors. H. Acceptable Products: Refer to finish legend on Drawings, or where not so indicated, as selected by Architect from manufacturer's full available ranae of standard and ..,.j-- SPECIFICATIONS. CALHOUN COUNTY LAW ENFORCEMENT FACILITY (volume II) 11 j .+c,'" 1 wry t4UlYMENT, 2.13 SECURITY GLAZING A.3 GLASS SCHEDULE 9• Glass Type E — Bullet Res_ is_ tart Glass shall be: GuardVue 3000 by Viracon or equal. Construction: 1/4' Clear, tempered glass .050 Intarlayer 1/8' Clear, polycarbonate .025 Interlayer 3/8' Clear, polycarbonate .025 Interlayer 1/8' Clear, polycarbonate .050 Interlayer 1/4' Clear, tempered glass Spall-shleld Total Thickness: 1.25" h. Gap Glass Type F—NOT USED are DRAWINGS: CALHOUN COUNTY LAW ENFORCEMENT FACILITY Page 2 of 4 series 34-2 Post -Bid Clarification 03-24/0305 PBD-4 A1.21 ACCESSORY LEGEND -Note "H' Shelf & Mop holder is to be provided in 1046,1065b, and 1085 PBD-5 A1.21 DETAIL 19 - Concrete bench section is to be provided in 1047, 1057, 1061, and 1062 PBD-6 A1.21 DETAIL 18 - Concrete bench section is to be provided in 1042, 1043, and 1060 PBD-7 A2.01 MATERIAL LEGEND - Change code TP(Tile Paver) to QT(Quarry Tile) PBD-8 A2.01 MATERIAL LEGEND - Change code TPD(Tile Paver Base) to QTB(Quarry Tile Base PBD-9 A2.01 ROOM FINISH SCHEDULE - Change finish designation as noted for the following rooms: Room Name Floor Base 1002 Pantry QT QTB 1003 Security Vestibule QT QTB 1004 Cooler QT QTB 1006 Kitchen QT QTB 1009 Toilet QT OTB 1091A Public Lobby PTB 1091 B Jail Lobby PTB PBD-10 A4.01, A4.02, & RELECTED CEILING PLAN - Exposed gypsum membrane attached to joist in A4.03 Dock 1001 and Sally Port 1048 is to be taped, bedded, textured, and painted. All other gypsum membrane areas are to be gypsum board only. NO tape, bed, or paint PBD-11 DE2.1 DETENTION EQUIPMENT FIRST FLOOR PLAN - Relocate Pistol Locker from Security Vestibule 1063 to Public Lobby 1091 B. Reference 1R/A1.02 PBD-12 DE2.1 INMATE VISITATION 1081 -Change wall hung stool located at window 1080L and replace with a floor mounted stool. Ref. xx/DEx.x PBD-13 DE2.1 PARTIAL FIRST FLOOR PLAN - VISITATION CONTROL 1090 -Add transaction drawer and Millwork. Reference 1 R/A1.02 and 1 R & 2R/A6.01 PBD-14 DE2.1 PARTIAL FIRST FLOOR PLAN - MASTER CONTROL 1040 -Add two(2) transaction drawer and Millwork. Reference 1 RIA1.02 and 1 R & 2R/A6.01 PBD-1'5 DE4.1 DETAIL 203 - Opening shall be 12' w x 24' h D-18 DE4.2 DETAIL 229 - Change room numbers from 301/365 and 302/363 to 1088/1083 and 1089/1082 D-1,'i FP DE4.2 DETAIL 224 - Change reference of detail 10/DE3.1 to detail 230/DE4.2 0.18 52.01 FOUNDATION PLAN WEST- KITCHEN 1006 - Modify floor slab to slope to floor sinks PBD-19 M1.2 DIFFUSER AND GRILL SCHEDULE. a. Change type'H' from SG-TDC to Titus SG -PR, 12' x 12' neck b. Change type'BB' from SG-TDC to Titus SG -PR 24" x 24" neck PB15-20 M2.1 PARTIAL FIRST FLOOR PLAN - HVAC - SALLYPORT 1048 - INTAKE LOUVER IN SOUTH WALL -Add security bars per Detail8/M6.2 PBD-21 M6.2 DETAIL 8 - NOTE 1 - delete'(90 sq in and larger)' and substitute in its place '(8 inches by 8 inches and larger)' PB0.22 M6.2 DETAIL 5 - Add the following capacities and pipe sizes: Chilled Water System Hot Water System Expansion Tank Capacity 37 57 PRV Set Point (PSIG) 30 30 Relief Valve (PSIG) 70 70 Pipe Size A 6-inch 34nch Pipe Size B 1-inch 1-inch PiDe Size C 1-inch 1-inch PBD-23 M6.2 DETAIL 8 - MANTRAP DETAIL -NOTE 1-Add 'secured perimeter includes walls roof and control rooms' PBD-24 M6.2 DETAIL 8-MANTRAP DETAIL- NOTE 2 - Delete "mantrap locations shown on plan areapproximate" P13D-25 P2.12 ENGLARGED KITCHEN PLAN - PLUMBING - Add full grate Floor Sinks in Kitchen 1006. Reference P2.12-SK-2 & P2.12-SK-3 PBD-26 P2.12 ENLARGED KITCHEN PLAN - PLUMBING - LAUNDRY ROOM 1010A - Add Page 3 of 4 3�� • C� • 11 Post-Bld Clarification 03-2410305 drop in sink, not & cold wafer, and sanitary drain at the counter on the east wall' PBD-27 P2.3 PARTIAL UNDERFLOOR PLAN — PLUMBING - Add pipe to run from new Floor Sinks in Kitchen 1006. Reference P2.3-S1C-3 & P2.3-SK-4 PBD-28 P2.7 PARTIAL FIRST FLOOR PLAN - -Change Shower type SH-2 in Toilet Room PBD-29 ME1.1 1027 to ty a SH-1 SITE PLAN — ELECTRICAL - The communications conduits to the New Building (note 14) shall be routed to the Existing Building in lieu of the New PBD-30 E2A Building. Terminate the conduits l3er note 17 in the Existing buildin . PARTIAL FIRST FLOOR PLAN - LIGHTING — ROOM 1028 — Light fixture circuit is changed from HIA-5 to EHA-3 PBD-31 E2.2 PARTIAL FIRST FLOOR PLAN - LIGHTING — ROOM 1029 — Dght fixture PBD-32 E3.3 circuit is changed from HIA-5 to EHA-3 SECOND FLOOR PLAN — POWER - Revise the branch circuit home run des i nation for AHU-8 andAHU-9 from L2A -7 and 9 to EL2A-24 and 26 PBD-33 E42 PARTIAL FIRST FLOOR PLAN - LIGHTING - Provide vESDA sample point PBD-34 E4.2 for rooms 1066 1067 1070 1071 107411075,and 1078 PARTIAL FIRST FLOOR PLAN - LIGHTING — ROOM 1064— Provide dud mounted VESDA sample point for rooms 1066, 1067, 1070, 1071, 1074, 1075, PBD-35 E5.1 and 1078 ONE -LINE DIAGRAM - AHU-2, 3, 4, 5, 6, 7, and 10 shall be circuited to EMCCA. The starters, circuit breakers etc. indicated on the One Line Diagram in MCCA for these air handlers shall be relocated to EMCCA. Provide additional motor control center sections as required to accommodate these nd,iitinnol �1ew.....:_ vunn n Page 4 of 4 END OF POST -BID CLARIFICATION 344 ,02/1s �Y004 "if 14 PAE .... Insurance Requirements (]) General Requirements. Contractor shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by Owner in the care, Custody and control of Contractor prior to and during construction and warranty period. Contractor must complete and forward the Certificate of Tnsurance to Owner before the Contract is executed as verification of coverage required below. Contractor shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by Owner. Approval of insurance by Owner shall not relieve or decrease the liabiliry of Contractor hereunder and shall not be construed to be a limitation of liability on the part of Contractor. Contramor must also complete and forward the Certificate of htsuranee to Owner whenever a previously identified Policy period has expired as verification of continuing coverage. Contractor's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A or better. All endorsements naming the Owner as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of insurance shall indicate: owner. and the address set forth for Owner in the Agreement, The "other" insurance clause shall not apply to the Owner where the Owner is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both owner and Contractor, shall be considered primary coverage as applicable. If insurance policies are not written for amounts specified below, Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts Specified. if Excess Liability insurance is provided, it shall follow the form of the primary coverage. Owner shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion err revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. Owner reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as Contractor. Provided, however, in event of any such adjustments by Owner, Contractor shall be 11 UOS ................. 345 i E • ......................... FA%................................................................................. .................... entitled to a Change Order for any increased costs Contractor incurs as a result of such adjustments. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. Contractor shall be responsible for premiums, deductibles and self -insured • retentions, if any, stated in policies. All deductibles or self -insured retentions shall be disclosed on the Certificate of insurance. Contractor shall provide Owner thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicated within the Contract If Owner owned property is being transported or stored off -site by Contractor, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect Owners property The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of Contractor. (2) Busluess Automobile Liability -Insurance, provide coverage for all owned, non - awned and hired vehicles. Owner or such alternate endTbu policy shall oonraio the following endorsements'in favor of orsement designations as Owner may hereafter specify: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following typos and amounts: A minimum combined single limit of S500,000 per occurrence for bodily injury and • Property damage. Alternate acceptable limits are $250,000 bodily injury Per person, bodily 4ury Per occurrence and at least S100,000 property damage liability each accident. (3) Workers' Compensation And Employers' Liability Insurance. Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act(Section 40n d Contractor shall assure compliance with this Statute by submitting two 0) copies of a standard cacti [irate of coverage (e.g. ACCORD form) to Owner for every person providing services On the Project as acceptable proororcoverage, The CertiEcate of hnsu*ance must be Prescoted as evidence of coverage for Contactor_ Workers' Co otherwise in writing.by the Texas Workers Compensation Fund is required, unlessrio n Contractor s policy shall apply to the State of Texas and include these endorsements in favor of Owner; 346 ...................................... 17.i5 pA%...................................................................... Ql)US a) Waiver of Subrogation, form WC 420304; and b) 30 day Norice of Cancellation, form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: $500,000 bodily injury per accident, $500,000 bodily injury by discasc policy limit • and $500,000 bodily injury by disease each employee. (4) Commercial General Liability Insurance. The Policy shall cousin the following provisions: a) Blanket contractual liability coverage for liability assumed under the Connect and all contracts relative to this Project. b) Completed Operations/Products Liability, for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C & U) coverage- d) Independent Contractors coverage, e) Aggregate limits of insurance per project, endorsement CO 2503. Owner listed as an additional insured, endorsement CO 2010. 9) 30 day notice of cancellation in favor of Owner, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of Owner, endorsement Co 2404. Provide coverages A&B with minimum limits as follows: A combined bodily injury and property damage limit of $2,000,000 per occtmrnee. (5) Builders' Risk Insurance. Contractor shall maintain Builders' Risk Insurance on an • all risk physical loss form in the full value of the Contract Sum as the same may be adjusted by Change Order. Coverage shall continue until the Work is accepted by Owner. Owner shall be a Ioss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. The insurance shall include coverage for loss of use of Owner`s property due to Cue or other hazards covered by such insurance. (6) Umbrella ]Guess Liability Coverage in an amount of not less than One Million Dollars ($1,000,000), combined single limit bodily injury/property damage with coverage ro be in excess of the employer's liability, commercial general liability, and automobile liability insurance required above for each occurrence and in the aggregate. Owner shall be listed as an additional insured. A waiver of subrogation endorsement shall be obtained in favor of Owner, and a 30 day notice of cancellation endorsement in favor of the Owner. 3ql .7 1� u • �J .................................... I....................... _. Q a013 Subcontractor insurance Requirements; (1) Unless waived by Owner, the following forms of insurance are the minimum coverage requirements to be furnished by all Subcontractors, and deductibles shall not exceed ten thousand dollars ($10,000). The Contractor has the option to require higher limits coverage, of liability from designated Subcontractors nc in c form of primary or excess liability a) Workers' compensation insurance to cover full liability under Workers' Compensation Laws of the State of Texas with employer's liability oovcrage in limit not less than Five Hundred Thousand Dollars,(SS00,000.00). b) Commercial general liability insurance coverage shall be on an "occurrence" basis and shall insure the Subcontractor against claims related to Work performed under he Subcontract for bodily injury, including death of any person other than the Trade Contractor's employees, and property damage for injury to or destruction of tangible Property, other than the Work itself. The policy shall contain the personal irEjury and broad form property damage endorsements modified as set forth below, and the Policy exclusions pertaining to loss by explosion, collapse or underground damage. Owner and Contractor are to be named as additional insured, no policy shall include the following Overages and limits: (i) Completed operations liability (il) Contractual liability insuring the indemnification ttgreement contained in the Trade Contract . Personal injury iiW"ty with employee's exclusion deleted (iv) Broad form property damage extended to apply to completed Operations (v) Automobile liability insuring Trade Contractor for operations of all owned, hired and non -owned vehicles ('n) Limits of liability shall not be less than: (A) Bodily. MJurY, except automobile: (1) $1,000,000 each occurrence (U) S1,00D,D00 aggregate (B) ProPety damage, except automobile: (1) S1,000,000 each occurrence (11) $1,000,000aggregate (C) Bodily injury: Automobile (1) SS00,000each person (11) $1,000,000 each oeotmence A Property damage Automobile (1) $500,000 each occurrence (B) Umbrella excess liability $1,000,000 (2) All policies are to be written through a company duly authorized to tra class of insurance in the State of Texas, with an &M. Bnsact that efit hating of B+Vll or better, 348 ........................................................................................................................... 02/13fYU04��19:�18 FA% 121.00.... (3) Any of such insurance policies maybe written in combination with any of the others where legally permitted, but none of the specified limits may be lowered thereb, y. (4) Contractor's Subcontracts shall provide for reasonable indemnification of the Owner and the Architect for adequate insurance coverage, and contain such other clauses as be required to fully protect Owner and Contractor's interests. may • • 349 • 1 SECTION 11199 TRANSACTION DRAWER PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Manual security transaction drawer. 1.3 PERFORMANCE REQUIREMENTS A. Ballistic Performance: Underwriters Laboratories (UL), Ballistic Rating:1. 1.4 SUBMITTALS A. Product Data: Include construction details, material descriptions and finishes for each product specified. 1. Manufacturers installation instructions. B: Shop Drawings: Provide plans, sections and details illustrating fabrication and installation details, adjacent materials, dimensions, utility rough -in and closure requirements for security drawer and security window. C. Product Certificates: For UL Ballistic Rating. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An authorized representative of security drawer and security window manufacturer for installation of units required for this Project B. Source Limitations for. Obtain each finish and type of product from one source with resources to Provide both the security drawer and security window of consistent quality in appearance and physical properties. C. Product Options: Drawings indicate size, profiles, and dimensional requirements of security drawer and security window and are based on the specific system indicated. 1. Substitutions in accordance with Section 01600. D. Welding: Quality procedures and personnel according to the following: I. AWS D1.1, "Structural Welding Code —Steel." 2. AWS D1.3, "Structural Welding Code —Sheet Steel." E. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination." 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver, receive and store security drawer and window in accordance with Division 1 Section "Product Requirements'. 1.7 PROJECT CONDITIONS A. Field Measurements: Indicate measurements on Shop Drawings. B. Coordination: Coordinate installation of security drawer and security window with adjacent construction and utilities. Coordinate field measurements and power requirements with submittals. C. Do not install prior to closure of the building and wet work on the interiors is complete. Calhoun County Jail, Port Lavaca, TX PWH Project No. 0365 11199- 1 TRANSACTION DRAWER 25 February 2004 350 1.8 WARRANTY A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace components of security drawer and security window that fail in materials or workmanship within specified warranty period. 1. Failures include, but are not limited to, the following: a. Faulty operation of security drawer . b. Deterioration of metals, metal finishes, and other materials beyond normal weathering. C. Failure of the security window seals and gaskets. B. Warranty Period: 10 years from date of Substantial Completion. PART2-PRODUCTS 2.1 PRODUCTS A. Manufacturer. Diebold, Canton, OH., (1-800-999-3600). B. Products: Subject to compliance with requirements, provide the following: 1. Security Drawer. Model 120-39, Manual Retail Transaction Drawer, with #134-34A Audio System. C. Size: 1. Security Drawer Assembly: 28-5/8 inches wide by 14-3/8 inches deep by 29-5/16 inches front to back (737 mm by 305 mm by 762 mm), overall. a. Transaction Drawer. 10-5/8 inches by 13-1/8 inches by 4 inches (279 mm by 330 mm by 102 mm). 2.2 MATERIALS, GENERAL A. Steel: 1. Exposed frames, plates, drawer components and trim: Stainless steel sheet, manufacturers standard grade and gauge for model specified. 2. Non -exposed frames, drawer body, brackets, closures and trims: Steel sheet, manufacturers standard grade, gauge and painted finish for model specified. B. Accessories: Manufacturers standard plastic and rubber components for model specified. 2.3 FABRICATION A. Shop Assembly: Security drawer and security window to be fabricated and assembled in the factory, disassembled and shipped to site, in components suitable for shipping, for assembly and installation in the work. 2.4 FINISHES, GENERAL A. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. B. Appearance of Finished Work: Variations in appearance of abutting or adjacent pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast 2.5 STEEL SHEET FINISHES A. General: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying. and designating finishes. B. Surface Preparation: Remove mill scale and rust, if present, from uncoated steel, complying With SSPC-SP 5/NACE No. 1, "White Metal Blast Cleaning," or SSPC-SP 8, "Pickling." C. Baked -Enamel Finish: Immediately after cleaning and pretreating, apply manufacturer's standard two -coat, baked -enamel finish consisting of prime coat and thermosetting topcoat. Comply with paint manufacturer's written instructions for applying and baking to achieve a minimum dry film thickness of 2 mils(0.05 mm). Calhoun County Jail, Port Lavaca, TX PWH Project No. 0305 11199 - 2 TRANSACTION DRAWER 25 February 2004 fP�� 11 C3 • • 1. Color and Gloss: As indicated by manufacturer's designations. 2.6 STAINLESS -STEEL FINISHES A. General: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. 1. Remove tool and die marks and stretch lines or blend into finish. 2. Grind and polish surfaces to produce uniform, directionally textured, polished finish indicated, free of cross scratches. Run grain with long dimension of each piece. B. Satin, Directional Polish: No. 6 finish. C. When polishing is completed, passivate and rinse surfaces. Remove embedded foreign matter and leave surfaces chemically clean. PART 3-EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Installer present, for compliance with requirements for, installation tolerances, completion of adjacent work, utility rough -in, and other conditions affecting performance of work. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION, GENERAL A. Install security drawer and window in accordance with approved submittals and manufacturers written instructions. B. Maintain adequate clearances and returns on frames for installation of sealantjoints. C. Install utility connections for security drawer call button and audio system in accordance with approved submittals. 3.3 CLEANING AND PROTECTION A. Leave manufacturers protective covering intact and in place until substantial completion. B. Upon substantial completion remove manufacturers protective covering, inspect work for damage and repair or replace damaged components. C. Clean security drawer and security window in accordance with manufacturers written instructions. 3.4 DEMONSTRATION A. Engage a factory -authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain the security drawer. Refer to Division 1 Section "Closeout Procedures." END OF SECTION 11199 Calhoun County Jail, Port Lavaca, TX PWH Project No. 0305 11199 - 3 TRANSACTION DRAWER 25 February 2004 352 SECTION 11452 LAUNDRY EQUIPMENT PART1 GENERAL 1.1 SUMMARY A Related Documents: Provisions established in General and Supplementary Conditions of the Contract, Division 1 General Requirements, and the Drawings are collectively applicable to this Section. B. Section Includes: 1. Laundry equipment including electrical cords, anchors, and accessories. 1.2 SUBMITTALS A. Submit in accordance with Section 01330, B. Shop Drawings and manufacturers brochures: List model numbers and all pertinent performance and size data. C. Samples: Submit samples in accordance with the requirements of Section 01330. 'D. Sample Color Chips: Submit manufacturer's color chips of standard finishes for color selection. 1.3 DELIVERY, STORAGE AND HANDLING A Deliver, store and handle material in accordance with the requirements of Sections 01600_ B. Keep materials in original packing until final installation and hook up. C. Do not deliver to site until immediately prior to installation. PART PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufacturers: Subject to compliance with requirements indicated, provide products of one of the following: 1. Speed Queen 2. Dexter. 3. UniMac. 4. Huebsch. 5. Wasoomat B. Substitutions: In accordance with Section 01600. 2.2 ELECTRICAL REQUIREMENTS A Fabricate and assemble products in strict conformity with the requirements of the Underwriter's Laboratories, Inc. B. Provide under and over voltage protection. C. Appropriate label of the Underwriter's Laboratories, Inc. on each item. 2.3 WASHER -EXTRACTOR A. Hard mount, commercial washer extractor. B. Construction: Stainless steel front, sides, top, inner and outer cylinders; V-belt drive; oversized heavy-duty bearings with axial sealing requiring no lubrication. C. Dispenser. Three -compartment, self-cleaning, automatically dispenses detergent for prewash cycle, main wash cycle, bleach, and fabric softener for final rinse. D. Drain Valve: 3 inch diameter minimum. E. Wash Action: Alternate rotating tumble. F. Liquid Supply: Factory installed manifoid.inlets for on -site hookup. Calhoun County Jail, Port Lavaca, TX PWH Project No. 0305 11452 - 1 LAUNDRY EQUIPMENT 25 February 2004 • • 353 G. Capacity: 60lbs. H. Control System: Model "M:, 4 cycle, electro-mechanical. I. Acceptable Product: Speed Queen On -Premises model SC60. 2.4 DRYING TUMBLER A. Capacity: 75 pound capacity, commercial drying tumbler. B. Heating System: Standard Gas C. Temperature Control: Variable temperature control for regulation of drying temperature. D. Time Control: Manually operated timer; 1 to 60 minute intervals; cooling timer with 1 to 15 minute intervals E. • Lint Filter. Fine mesh lint screen, self-cleaning. F. Automatic Shutoff: Automatic shutoff if door is opened during drying cycle. G. Damper. Automatic back draft damper. H. Controls: Fully programmable electronic. I. Acceptable Product Speed Queen On -Premises model 75. PART 3 EXECUTION 3.1 PREPARATION A Verify that built-in and finish work is complete and ready for appliance installation. B. Verify electrical and plumbing requirements are correct C. Verify openings for built-in items are correct D. Beginning of installation indicates acceptance of existing conditions. 3.2 'INSTALLATION A. Install items in locations indicated or as directed. B. Provide competent foreman as supervisor for the installation, and to coordinate with other trades in regard to connections and installations. C. Kitchen equipment shall be installed, tested and adjusted by skilled mechanics. D. Complete all required connections to units in accordance with applicable codes. 3.3 CLEAN UP A. Remove all debris caused by the Work of this Section. B. Wipe down all appliances prior to substantial completion. 3.4 START-UP A. Start-up and run units through one complete cycle to ensure proper operation. Adjust as required. Replace any malfunctioning equipment prior to substantial completion. END OF SECTION Calhoun County Jail, Port Lavaca, TX PWH Project No. 0305 11452 - 2 LAUNDRY EQUIPMENT 25 February 2004 35-4 1 KITCHEN 1006 vex=r-o° J J � � scooa: iarxrox oocaa, nce CALROUN COUNTY �•• ENFORCEMENT FACT LIAVACA 0305 A1.01 mwmwwama xmwmuma nmaw .rin+a..0 7g43 • 355 1 JAIL LOBBY 1091 B n.l� /i0012 IOI1120# OOLl3.latc CAWOUN COUNTY wD FORCFINFNTFAa I0305FFMIAVWAm.umn7F7lAf I• 356 2 R MASTER CONTROL 1040 va°=l,-o„ � � )L001� IOIXSOM OOpi�SLLC ., ...�.... T>OTIIW1.91RD M01.�16V)PI A.11NM M136N0 CAL.HOUN COUNTY �w LNFORC MFNT FAa .M.UVAM ,f,yV may �� 0305 A1.02 • 357 4 sue— /ip011 IOWSOM ppp1;Sy,C CALH N OOUMY ""' •.• w ENFORCEMENT FACIA 0305 A6.02 mwmww umm ws,wmamn nau.oce� recnuca FWIAVACA mmu 358 TRAWMOTION DRAWER kI 2 X 457UDS®120 L. 0 T n � i r PALM a m n BASE A5 SO 22R 1._1,-0' BY DEG. CIMLL&ROvr FULL REINPORGE 112' DRA ER ® VISITATION CONTROL 7001[ 101 1 SON I .. .,µ...�.� µ. CALHOUN COUNTY LAVACA TV" wENFORCEMENTFACG E0305 A6.03 ma 359 E 124/04 TOE 12:41 FAX 7948239 M(G ASSOC 41"J-I 3/4" ' 3/4" WFW TYPE A. AEIV. GL6. In• 2"FGO �j L J 1-1/4" NAT. LINE W TO Y�� ROOF. � t,!% P-Al"mi ar SCALE: IN = V-00 I gJ NIMAn AFHIW t ASSCC"TCS INC. C..rdAc I1avWWaY Leatrlcd Bv8(oaw MOt 11. 11v0� LTf.. hai. MO i FULLLL IYV B ATE CALHOUN COUNTY JAIL roar LAVACA. roue 4 Fl 16j SANITAR'TO FLOG w 4"FS-1 1 FULL M ZL POST BID CLARIFlGTION n BWW 2•.=4 � a B ' SL P2.12 WDM k 51503„ P212-SK i 0 36 0 02/24/04 TUB 12:42 FAX 7948239 ' M2:4 t ni2 0t r+ `P ' � 1-1/4' \ 1-1/2`! L Te 0 44"FG 2 ® SANITARY SEWER TO FLOOR DRAIN 2' VENT ORATERLL ORATE — \�, ZEAL.: 1/4- = 1 NORTH PLAN NORTH LI/V/s . AA.0 L4r" INC 4 1N-YY 5/4' 1-1/4' HHG ASSOC SV i�� F-----T, ► i 5/4' WATTS No. 004' 6 DRIP PROOF FRESSURE TYF 2 -4 i TOP OF IGEPRREVENIER VALVE. MOUNTISECLRE VAL r i MAKER PROVIDE ADDITIONAL PIPE SUP ► I AOEWUATELY 5ECV REX-LWORT VALVE. PROVIDE Mc I 1 POL'SFIrD CHROME PLATED CAST BRASS PIPE ESCL I I SCREW ON WATER INLET AND WATER OUTLET LINES W PE11ETRATE5 FINISHED WALL, CONTINIE 5/4" TO ICE I I V2' CA LINE DOPW I TO D'0ERFLOOR 1/2' HW LINE DOWN L TO UNDERFLOOR, 4' SANITARY 5EWER REF. P2.8 FOR CONT. VV CW LINE DOWN TO UNDERFLOOR, 514' WATTS NO. OOD-GIT DRIP PROOF PRETYPE SACKFLOW PREVE,IIER VALVE. MOUNTi =RE VALVI TOP OP COFFEE MAKER PR ,,I j ITIONAL PIPE, CALHOUN COUNTY JAIL PONT uV#X,% Tmw s Q POST BID CLARIFICATION FEBRWry 2A 2D( Q 8 s<r-LP292 `T 1En: NNI 8)18RT N0. s,sazoo P212•SK-3 362 _02/24/04 �I um 2' 6REASE VENT UP IN WALL To LEVEL ABOVE UP TO HAND SINK 2. GREASE VENT UP IN WALL TO LEVEL ABOVE 2' 6REA5E VENf'UP IN' WALL TO LEVEL ABOVE 2' GREASE VENT UP IN WALL To LEVEL ABOVE 4. GREASE VENT UP IN WALL TO LEVEL ABOVE —� `2','• 6.'REASE VENT UP IN `-7- TO LEVEL ABOVE �II002 GREASE VENT I I 4• CREASE VENT - ZD.FLOOR SINK UP TO FLOOR SINK. --� dam_ � ia• c,4r � � LIDS 2' UP TO 2-COMP. SINk I 4- 1 / 1 I �� 7 I1I II/2" GW Lit�tJ(� TO I �FFEE/TEA DISP _CV — —tea—• —1 __ —�-6V 6REA5E VENT UP TO FLOOR SINK < i utin "Svc"rc PNc Cenmltly� 1i.oL.alw1 • bwuuaONES mdn..xs CALHOUN COUNTY JAIL roar UVAµ nns z v4- �I 1/2• M LINE V FAUCET. OSBID CLARP Fl2C3AnoN 2xaKA :�B:M Iwu sir xo. P23-SK•3 363 9 0 uz/24/04 'POE 12:40 FAX 7043239 HMG ASSOC Q003 ' " GREASE VENT _ LOOP 51NK. I I� TO YLOOK DKAIN J GREASE VtNT U 2'VENT TO FLOOR SINK �• �4' 3 ,car U V2' �jYV t HW LINES im UP TO 2-C.OF>P. SIN I • ' TO SID 1r 4' SREASE VENT UP TO FLOOR SINC.— 6W i 5 SANITARY UP TO MOP SINK, 4, 6REASE VXNT TO F 0014 SING. 2' SANITARY SEhER UP TO LAVATORY. V2' CH LI 4' F-- --173T�W FAN7 CIPES FROM LEN UP TO RINSE 51 f K. 1/2' NH LII 4' CONTIN'OU GOPP>3� FROM LEA N6 (NO INTS V2' CH LP 51AB . FROM LE4 w DOM 1W. r4' E 51N. V2' U2. 2 VENT 1/2' M LINE UP TO )OR 51NC FAUCET. 4' T4, I P IN ABOVE • �r4l \I woe x y^w s e66iyr 11 4' `4' 4' 6REA,E VENT UP TO FLOOR 51NK. 1 -g� C-ONTIN)OI3 COPPER t 1/2• TUBING NO JOINTS UNDER SLAB). 4' CALHOUN COUNTY JAIL PORT UVAC,% TANS 3 UP APOST BID CLARIFICATION nMUW 26 2W4 mu cx aT- s P23 erg ma � R0. ' 51555•m P23'SK4 364 Vol A Motion was made by Commissioner Galvan and seconded by Judge Pfeifer to go with the bid of $1 Million with a $10,000 deductible for Law Enforcement Liability Insurance, said bids were opened March 18, 2004. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted In favor. W U z U) Z} F- J_ m Q J z W 2 W U O LL z W o w U w w U C Q W W N ow ow zom zom Oo_F 0o zi 7i o o .A3o �30 z z z z 36Dr 0 m a 0 N L0 U • • iUn I; _'. . _r I LT11191all t._ 11.t1 _ OR Swan Point Landing Subdivision Project started three years ago and is located approximately 3-1/2 miles south of Seadrift, Texas at the area known as Swan Point, this is adjacent to the State Park and Is approximately 165 acres of undeveloped land. Phase I of this project consist of 89 lots secured by an access gate, private roads, City of Seadrift water, five acre fresh water lake, four acre park and deed restrictions. The construction of the marina has been started and will be available to the public. The marina will have a two-story restaurant for public dining as well as private parties. There will be 36 wet slips equipped with lifts and a convenient store with bait, fuel and groceries. The outlook is to have the slips available by July 1, 2004. CONTRACT WITH CALHOUN COUNTY EMS -AND MEMORIAL MEDICAL CENTER• . A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to enter into a contract for Ambulance Services between Memorial Medical Center and Calhoun County Emergency Medical Services effective February 18, 2004. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. Final 2004 AGREEMENT FOR AMBULANCE SERVICES BETWEEN MEMORIAL MEDICAL CENTER AND CALHOUN COUNTY EMERGENCY MEDICAL SERVICES THIS AGREEMENT, made and entered into by and between the following MEMORIAL MEDICAL CENTER (hereinafter referred to as "FACILITY") and CALHOUN COUNTY EMERGENCY MEDICAL SERVICES. (hereinafter referred to as "PROVIDER"), provides as follows: WHEREAS, FACILITY desires to maximize efficiency and service levels for medical transportation and has conducted an analysis of its medical transportation needs. Through this analysis, FACILITY has determined that such needs will best be met through a • preferred coordinated medical transportation system agreement with the PROVIDER; and WHEREAS, PROVIDER is in the business of providing medical and ambulance transportation and advanced life support professional services; and WHEREAS, FACILITY and PROVIDER recognize that the ground ambulance transportation needs of FACILITY will be evolving and therefore, it is not possible to define all of the terms of the specific services required by FACILITY, which may be provided by the PROVIDER. The parties desire at this time to define the transportation services to be provided by PROVIDER and to establish mechanisms under which PROVIDER may provide future services to FACILITY related to ambulance transportation services, including services to be developed through prioritization of pre -planned, scheduled, emergent and non -emergent ambulance calls initiated by FACILITY. The parties intend that if the future services outlined in this AGREEMENT are expanded, the parties will execute addenda, further defining the services to be provided; and WHEREAS, FACILITY and PROVIDER desire to enter into a long -tern, agreement under which FACILITY and PROVIDER will jointly develop and PROVIDER will operate and/or coordinate a turn -key coordinated medical transportation system to serve all of FACILITY'S ambulance transportation needs utilizing existing reimbursement sources which maximizes the benefits of a coordinated network; and NOW, THEREFORE, FACILITY and PROVIDER do hereby agree as follows: SERVICES AND RESPONSIBILITIES OF PROVIDER FACILITY has selected PROVIDER as its "preferred provider of medical transportation" services within the primary service area as defined by Section VIII below, through an analysis of the quality of ground ambulance transportation services that PROVIDER provides. Accordingly, during the term of this AGREEMENT and extensions hereto, PROVIDER agrees as follows: • A. Services Provided PROVIDER agrees to provide appropriate ambulance transportation and related services to FACILITY in accordance with the terms of this AGREEMENT and all addenda hereto. Requests by FACILITY for services which originate and /or terminate outside the boundaries of the primary service area as defined in Section VIII below may by referred by provider to another licensed ground or air ambulance provider after appropriate coordination with and approved by Facility. (in this circumstance, PROVIDER will not be liable to the altemative ambulance provider for the payment of any charges, fees or professional service charges rendered in association with such transport.) 366 Final 2004 B. Emergency and Non Emergency lines Provider agrees to provide and maintain a telephone number for FACILITY to access PROVIDER for all FACILITY ambulance transportation requests covered by this AGREEMENT. This number is intended as a public number. PROVIDER will provide sufficient telephone lines and communication technicians to assure prompt answering of all incoming calls from FACILITY. PROVIDER'S telecommunication personnel will coordinate the required transportation services. PROVIDER will provide a listing of emergency numbers, non -emergency numbers and pager numbers that can be S utilized to contact the PROVIDER 24 hours per day seven days a week. C. Inter -facility Ambulance Transportation Services Provider will provide inter -facility ambulance transportation services and such other ambulance ground transportation services at the request of the FACILITY. Inter -facility ambulance transportation services shall be defined as ground ambulance transports originating at FACILITY and other facilities as FACILITY and PROVIDER may mutually agree upon in writing. Inter -facility transportation services ordered by FACILITY shall be ordered through the Emergency and Non Emergency lines described in the preceding paragraph. Compensation rates for each facility shall be listed in ADDENDUM A below. D. Applicable Standards PROVIDER agrees in the performance of the services, to be bound by, and comply with, (i) by the bylaws, policies, rules and regulations of FACILITY and the medical staff of the FACILITY facilities, as each may be amended from time to time (provided that such amendments do not materially increase PROVIDER's obligation hereunder or materially affect the financial or economic interests hereunder of PROVIDER), and (ii) the standards, rules and regulations of the United States Department of Health and Human Services (hereinafter referred to as "HHS"), the Texas Department of Health, the Joint Commission on the Accreditation of Healthcare Organizations (hereinafter referred to as `JCAHO"), Medicare, Medicaid, and any other federal, state or local governmental agency or third - party payor, exercising authority with respect to, accrediting or providing reimbursement for FACILITY. E. Etiquette PROVIDER, through its employees, shall treat all FACILITY staff and employees with proper respect, courtesy and professionalism. PROVIDER's employee's conduct shall at all times be appropriate and conductive to effective • patient care and consistent with prevailing norms recognized and accepted throughout the community. Licensure PROVIDER covenants, represents and warrants to FACILITY that: (i) it and its employees are, as appropriate, duly licensed, certified, registered and in good standing under the laws of the State of Texas and the county(s) outlined in Section VIII below to provide the services under this AGREEMENT, and agrees that they shall retain such Licensure, certification, registration and good standing status during the term of this AGREEMENT; (4) each ambulance vehicle shall be registered and licensed according to state and local rules, regulations and laws; and (iii) each ambulance vehicle shall be staffed with certified and/or licensed personnel in accordance with state and local rules and regulations. G. Experience and Training PROVIDER represents and warrants to FACILITY that its employees are professionally trained in emergency medical technician practice and will, during the term of this AGREEMENT, take all actions necessary to maintain such training. 36 Final 2004 B. Re -negotiation During the sixty (60) day period of prior to the end of the INITIAL TERM or any RENEWAL TERM, this AGREEMENT shall be subject to the review by the parties. During this 60-day period, the parties agree to use their best efforts to meet together at mutually agreeable times to review and if appropriate to re -negotiate the terms of this AGREEMENT. If the parties agree to modify this AGREEMENT, such modifications shall be in writing and . executed in accordance with Section XVII here of. VII. FORCE MAJEURE Provider shall be excused from performance under this AGREEMENT if for any period PROVIDER is prevented from performing any obligations pursuant hereto, in whole or in part, as a result of an Act of God, war, civil disturbance, catastrophe, court order, labor dispute or cause beyond its reasonable control, including shortages or fluctuations in electrical power, heat, light, air conditioning or fuel shortages, and such non-performance shall not be a ground for termination or default. PROVIDER will use its reasonable efforts under such circumstance to ensure that alternate services be made available should any of these conditions arise. In the event PROVIDER cannot obtain alternate services, FACILITY may exercise its right to contract temporarily with another service until PROVIDER is once again able to meet the needs of FACILITY. Vlll. AREAS OF SEVICE PROVIDER will provide the services described herein to FACILITY anywhere within Calhoun and adjacent surrounding Counties and any other areas within the State of Texas up to 150 miles, as mutually agreed upon by both parties hereto. IX. INDEPENDENT CONTRACTOR The relationship between the parties shall at all times be that of an independent contractors. No provision of this AGREEMENT is intended to, or shall be construed to, render one patty an agent, employee, servant, or partner of the other. Neither parry shall represent to any third party or entity that is authorized to enter into any contract for or on behalf of the other party. Neither party shall execute any contract for or on the behalf of the other, nor attempt to bind the other to any obligation, without the other parry's written consent. FACILITY and PROVIDER shall not combine their business operations in any way, but instead shall maintain their operations as separate and distinct entities. . PROVIDER'S employees shall not have any claim under this AGREEMENT or otherwise FACILITY for vacation pay, sick leave, retirement benefits, Social Security, worker's compensations, disability or unemployment insurance benefits of any kind. PROVIDER'S employees shall not be entitled to any rights or privileges established for employees of FACILITY, such as vacation, sick leave, paid holidays, or severance pay upon termination of this AGREEMENT. FACILITY shall neither have nor exercise any control or direction over the method by which PROVIDER performs its work or functions; the sole interest and responsibility of FACILITY is to assure that their services contemplated by this AGREEMENT will be performed in accordance with the terms hereof. X. SUCCESSORS AND ASSIGNS FACILITY and PROVIDER shall have the right to assign this AGREEMENT and to delegate all rights, duties and obligations hereunder, whether in whole or part, to any parent, affiliate, successor or subsidiary organization or company of FACILITY or PROVIDER only with consent of other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this AGREEMENT shall be binding upon the parties hereto and their successors and assigns. Sri Final 2004 H. Training Provider agrees to conduct an in-house training program for field employees that significantly supplements the training that they received in their EMT training courses that meets or exceeds TDH standards . 1. Vehicle Maintenance • PROVIDER agrees that its fleet will be well maintained and response ready to provide services under this AGREEMENT. J. Access to Records Provider shall maintain a medical record, known as a "Patient Care Report," for each patient receiving services under this AGREEMENT. Said medical record shall be in such form and containing such information as required by the laws, ruled and regulations of the State of Texas and JACHO. K. Good Faith PROVIDER agrees to act in good faith at all time in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. L. Services Excluded Transports of a distance greater than 150 miles ❑. RESPONSIBILITIES OF FACILITY During the term of this Agreement and extensions hereto, FACILITY agrees as follows: A. Promotion of AGREEMENT FACILTIY will conduct an internal and promotional campaign to educate its medical staff members, employees and • others making arrangements for ambulance transportation about the general terms of this AGREEMENT, including periodic updates and reminder notices. Specifically, FACILITY will use its best efforts to ensure that employees who requests ambulance transportation services are informed of and utilize the Emergency and Non Emergency lines and have been made aware of the preferred nature of this AGREEMENT. B. Promotion to Medical Staff Members • FACILITY and FACILTiY'S medical staff members, including physicians providing services under managed care arrangements, are accountable under Federal COBRA regulations for the selection of an appropriate medical transportation provider. FACILITY shall communicate in a reasonable manner the general terms of this AGREEMENT to said medical staff members. C. Access to records FACILITY shall provide necessary records and information about patients to PROVIDER to facilitate the provision of appropriate services and data collection. This information shall include the provision of a face sheet if available and substantially complete at the time of PROVIDER'S services hereunder, on each patient transported at the time the transport is initiated. When face sheets are not available or are not substantially complete at such time, FACILITY shall designate a liaison who will be responsible for obtaining and forwarding face sheets for the PROVIDER upon request. 368 Final 2004 The parties herein mutually agree that in the event that FACILITY'S billing procedures and/or files will allow PROVIDERS access to the patient database in such manner that is acceptable to both the FACILITY and PROVIDER. D. Good Faith FACILITY agrees to act in good faith at all times in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. E. Patient Tracking FACILITY agrees to provide reasonable assistance to PROVIDER in the completion of PROVIDER'S authorization or utilization forms, as appropriate, and to provide access to face sheets n accordance with Section II(D) above. III. INSURANCE PROVIDER shall, at no cost to or expense to FACILITY, carry a policy or policies of professional liability insurance, comprehensive general insurance, and medical malpractice insurance issued by an insurance carrier. IV. COMPENSATION A. Except as provided for in this AGREEMENT, neither FACILITY nor PROVIDER shall charge the other for services provider pursuant to this AGREEMENT, without mutual assent. B. The rate schedule in ADDENDUM A herein shall represent PROVIDER'S full compensation for services provided under this AGREEMENT. Such charges must, at all times, comply with applicable laws, rules and regulations. V. TERMINATION OR AMENDMENT AS THE RESULT OF GOVERNMENTAL REGULATIONS FACILITY and PROVIDER shall each have the right to terminate or unilaterally amend this AGREEMENT, without liability, in order to comply with any order issued by any federal or state department, agency or commission, or any provision of law or of the JCAHO or other accreditation organization which invalidates or is inconsistent with the terms of this AGREEMENT or which would cause one of the parties to be in violation of law. In the event FACILITY or PROVIDER is required to amend this AGREEMENT pursuant to this Section and the amendment is unacceptable to the other party, such party may choose to terminate this AGREEMENT immediately without liability. . VI. Term A. Term and Termination Subject to each parry's right of termination as set forth in the preceding paragraph and below, this AGREEMENT shall be for a term of one year commencing at midnight on / 04 and terminating at midnight on /J/-05 (hereinafter referred to as "INITIAL TERM"). I. FACILITY or PROVIDER may mutually agree to terminate this AGREEMENT in writing, with or without cause upon 30 days written notice; or 2. Except as provided for elsewhere in this AGREEMENT, with cause by either party upon default by the other party of any material term, covenant or condition of this AGREEMENT, where such default continues for a period of (30) days after the defaulting party receives written notice thereof from the other party specifying the existence of default: or 3 Immediately if PROVIDER fails to maintain licensure as required in Section I, Paragraph G (ii) or (iii) herein, or fails to maintain insurance as required in Section III herein. • KD§] Final 2004 X1. PREFERRED STATUS FACILITY and PROVIDER agree and acknowledge that in order for PROVIDER to PROVIDE the most timely, efficient and responsive inter -facility ambulance transportation services, and for PROVIDER and FACILITY to provide the safest and most efficient care, that the inter -facility ambulance transportation services under this AGREEMENT shall be on the preferred basis as set forth here in. Except as set for herein, the inter -facility ambulance transportation services provided by PROVIDER hereunder are provided on a preferred basis and FACILITY agrees not to contract with any other companies, organizations or agencies for such services during the term of this AGREEMENT. This preferred status shall not apply if this patient, the patient's guardian, third party payor, or the attending physician requests another ambulance service. X1I. FIRST RIGHT OF REFUSAL In the event FACILITY desires to evaluate or implement developing a system for critical care ground transportation services, wheelchair transportation service, or other programs relating to ambulance ground transportation services, then FACILITY shall give PROVIDER written notice of such desire. Following such notice, FACILITY and PROVIDER agree to negotiate for a period of 30 days, on a preferred basis, for PROVIDER to perform such services for FACILITY and its patients. XIII. NOTICES Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent certified or registered mail or by hand delivery to the parties at the addresses set forth below or to such address which a party may designate by notice. PROVIDER: Calhoun County Emergency Medical Services 216 E. Mahan Street Port Lavaca, Texas 77979 FACILITY: Memorial Medical Center 815 N. Virginia Street Port Lavaca, Texas 77979 Either party may change its address to which notices are sent by a notice similarly sent. XIV. SEVERABILITY • In the event that any part, term of provision of this AGREEMENT is, by any arbitrator or court of competent jurisdiction, held to be illegal, unconscionable, in conflict with any law of state where enforcement of this AGREEMENT is sought, or any public policy thereof, the validity of the remaining portion or provisions shall be construed and enforced as if the AGREEMENT did not contain the particular part, term or provision to be invalid. XV. CONTROLLING LAW The interpretation and enforcement of this AGREEMENT shall be consistent with the laws of the State of Texas. In addition, the parties agree that if any legal action is commenced for enforcement of any term of provision of, or arising under or related to, this AGREEMENT, said action shall be preferably commenced on the state or federal courts located within the State of Texas, and the parties consent to thejurisdiction and venue of such courts. XVI. MODIFICATION This AGREEMENT constitutes the entire understanding of the parties hereto and no changes, amendments, or alterations shall be effective unless signed by both parties. That is, any increase or decrease in services must be mutually agreed upon in writing. • 3vri Final 2004 XVIL HOLD HARMLESS CLAUSE Each party to this AGREEMENT shall defend, hold harmless and indemnify the other party and its commissioners, managers, affiliates, shareholders, directors, trustees, officers, employees, and agents against all claims demands, suits judgments, expenses and costs of any and all kinds arising as a result of damages or injuries caused through the performance or failure of performance of this AGREEMENT by said party. • XVIII. COMPLETE AGREEMENT This AGREEMENT contains the complete AGREEMENT concerning the subject matter of this AGREEMENT between the parties and shall as of the effective date hereof, supersede all agreements between the parties pertaining to the same subject matter. The parties stipulate that neither of them has made any representation with respect to the subject matter of this AGREEMENT, except as set forth herein. The parties further acknowledge that any statement or representation that may have heretofore been made by either party to the other is of no effect, and that neither of them has relied thereon on connection with its dealings with the other. XIX. EXECUTION OF ADDITIONAL INSTRUMENTS Each party shall at any time, and from time to time, at the other's request execute, acknowledge and deliver any reasonable instruction, instrument or acknowledgment that may be necessary or proper to carry out the provision s and intent of this AGREEMENT. XX. WAIVER AND SURVIVAL The failure of either party to insist upon strict compliance by the other with respect to any of the terms and conditions of this AGREEMENT shall not be construed as a waiver, nor shall such course of action deprive such party of the right thereafter to require strict adherence to the terms and provisions of this AGREEMENT. XXI. NON -DISCLOSURE FACILITY and PROVIDER agree to treat the pricing contained within this AGREEMENT as CONFIDENTIAL INFORMATION and as PROVIDER'S CONFIDENTIAL INFORMATION pursuant to the provisions of Section XXIII. • XXII. CONFIDENTIALITY PROVIDER acknowledges that in connection with entering into this AGREEMENT and the services provided by PROVIDER pursuant to it, it will be acquiring and making use of confidential information and trade secrets (hereinafter referred to as the "CONFIDENTIAL INFORMATION") of FACILITY, which include, but are not limited to, management reports, marketing studies, marketing plans, financial statements, internal memoranda, reports, patient lists and other material or records of confidential information . PROVIDER agrees that it will not, after the date hereof, and for so long as any such CONFIDENTIAL INFORMATION may remain confidential, secret or otherwise wholly or partially, use such information except in connection with the performance of the duties pursuant to this AGREEMENT. PROVIDER will not use or divulge the CONFIDENTIAL INFORMATION to any third patty, unless: (i) FACILITY consents in writing to such use or divulgence; (ii) PROVIDER is under legal obligation to disclose such CONFIDENTIAL INFORMATION; or (iii) such CONFIDENTIAL INFORMATION becomes available to the public by a reason other than a PROVIDER'S breach of this Section. PROVIDER acknowledges that a breach of this section would result in irreparable damage to FACILITY, and, without limiting other remedies which may exist for a breach of this Section, PROVIDER agrees that this Section hereof may be enforced by temporary restraining order, temporary injunction, or following a trial on the merits. PROVIDER hereby waives the claim or defense that an adequate remedy at law for such a breach exists. The covenants contained in this Section shall survive any termination of this AGREEMENT for two years. • 12 Final 2004 FACILITY acknowledges that in connection with entering into this AGREEMENT and the services provided by PROVIDER pursuant to it, it will be acquiring and making use of confidential information and trade secrets (hereinafter referred to as the "PROVIDER'S CONFIDENTIAL INFORMATION") which include, but are not limited to, management reports, marketing studies, marketing plans, financial statements, internal memoranda, reports, patient lists and other material or records of confidential information . FACILITY agrees that it will not, after the date hereof, and for so long as any such PROVIDER'S CONFIDENTIAL INFORMATION may remain confidential, secret or otherwise wholly or partially, use such information except in connection with the performance of the duties pursuant to this AGREEMENT. • FACILITY will not use or divulge the PROVIDER'S CONFIDENTIAL INFORMATION to any third party, unless: (i) PROVIDER consents in writing to such use or divulgence; (ii) FACILITY is under legal obligation to disclose such PROVIDER'S CONFIDENTIAL INFORMATION; or (iii) such PROVIDER'S CONFIDENTIAL INFORMATION becomes available to the public by a reason other than a PROVIDER'S breach of this Section. FACILITY acknowledges that a breach of this section would result in irreparable damage to PROVIDER, and, without limiting other remedies which may exist for a breach of this Section, FACILITY agrees that this Section hereof may be enforced by temporary restraining order, temporary injunction, or following a trial on the merits. FACILITY hereby waives the claim or defense that an adequate remedy at law for such a breach exists. The covenants contained in this Section shall survive any termination of this AGREEMENT for two years. XXIII. NO INFLUENCE ON REFERRALS It is not the intent of either the FACILITY or PROVIDER of this AGREEMENT that any remuneration, benefit or privilege provided for under this AGREEMENT shall influence or in any way be based on the referral or recommended referral by either parry or patients to the other party or its affiliated providers, if any, or the purchasing, leasing, or ordering of any services other that specific services described in this AGREEMENT. Any payments specified in this AGREEMENT are consistent with what the parties reasonably believe to be fair market value for the services provided. XXIV. THIRD PARTY BENEFICIARY The parties to this AGREEMENT do not intend to confer any benefits hereunder n any person or other legal entity other that the parties hereto, including without limitation any patients of PROVIDER or FACILITY, and no third -party beneficiary rights are intended to be created hereby. XXV. NAME OR TRADEMARK Nothing contained herein shall confer upon either party hereto a license to use, or ownership of (i) the name of the other party • hereto or any name under which a party operates, or (ii) any trade name, service mark or trademark owned by such party. XXVI. THIRD PARTY PAYOR CONTRACTS PROVIDER will cooperate with FACILITY with respect to all programs established between FACILITY and health maintenance organizations, exclusive provider organizations and other managed care programs. XXVII. NOTICE OF LITIGATION PROVIDER and FACILITY shall promptly notify the other in the event that any party learns of any threatened or actual litigation in which it is a party defendant in a case which involves serviced provided under this AGREEMENT. Within five (5) calendar days after being served with a summons, complaint or other pleading which has been filed in any federal or state court or with any administrative or regulatory agency or after receiving notice of threatened litigation, the party so served or notified shall deliver copies of such document(s) to the other party. XXVIII.HEADINGS AND CAPTIONS The headings and captions used in this AGREEMENT are for the convenience of reference only, and to not for a part of this AGREEMENT. • 3A Final 2004 ADDENDUM A COMPENSATON SCHEDULE AND BILLING PRACTICES 1. A. Provider will bill its customary rates pursuant to this AGREEMENT. B. Where patients have third party coverage, including Medicare, Medicaid, and private insurance, PROVIDER will bill said insurance and accept as payments in full the amounts allowed by said third party coverage. In such • cases, patients will only be billed for: (a) their co-insurance and deductible as determined by their third party coverage or where mandated by federal or local government: and (b) any services which said third party insurer determines are not covered by the terns of the patient's policy. C. Where patients have no third party coverage, PROVIDER will bill the patients directly. In the event the patient refuses to pay for provider service, the FACILITY will be responsible for payment. D. FACILITY will only be responsible for ambulance services which: (a) are pre -approved and authorized by FACILITY (a request for ambulance transport by a hospital employee, will be considered as pre -approved and authorized by the FACILITY) (b) where FACILITY is legally responsible (c) where transport is requested by the FACILITY because patient has no other means of transportation or payment. 11. For Ground Transports that are the legal responsibility of the FACILITY, the FACILITY will pay: Transports within the Calhoun and Surrounding Counties from one (1) through one hundred fifty 150 miles: Current Rate Contract Rate BLS Non -emergency Base Rate: 270.00 189.00 Mileage per Loaded Mile: 7.50 5.25 This payment schedule will be all inclusive of supplies and equipment and accepted as payment in full for any and all transports that are the legal responsibility of the FACILITY or third party. Payment shall be received as defined in section I V. It is understood that these patients shall meet the existing Medicare guidelines for medical necessity for ambulance transportation and have the Certification of Medical Necessity completed for Provider. It is also understood, that for all non -emergency ambulance services where Medicaid is the primary payor, a Prior Authorization number will be obtained by the FACILITY. III. PROVIDER guarantees that the above contracted rates shall be effective for the duration this AGREEMENT. Thereafter, the rates shall be evaluated upon renewal of said AGREEMENT. IV. PROVIDER shall submit invoices to FACILITY on a per call basis for the services provided under the AGREEMENT. 11 Final 2004 XIX. BINDING EFFECT The parties agree that this AGREEMENT shall not be binding upon either party unless and until it is executed by an authorized representative of each party. FACILITY and PROVIDER represent that their representative signatory, whose signature appears below, has been and is, as of the date first written above, duly authorized by all necessary, appropriate and applicable corporate legal action to execute this agreement. XXIX. AGREEMENT READ AND UNDERSTOOD The parties hereto have read and understand this entire instrument and acknowledge that they both have had competent legal counsel available to them in their review and execution of said AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT Effective LJ,22 ` IS 2004. FACI By: Date:_ PROVIDER By: Title: Calhoun County Ju e 03-25-04 • C J 3,l('5 L� • r A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to allow Memorial Medical Center to move forward with the critical access hospital application recently submitted to the office of Rural Community Affairs (ORCA). This will convert Memorial Medical Center from a Medicare dependent hospital to a critical access hospital (CAH) which will increase Medicare reimbursement to Memorial Medical Center. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. AUTHORIZE AN INCREASE IN THE INSURED VALUE OF BUILDINGS IDENTIFIED AS UNDERINSURED BY TEXAS WINDSTORM INSURANCE ASSOCIATION: A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to authorize an Increase in the amount of $582,056.00 In the Insured value of buildings Identified as undersigned by Texas Windstorm Insurance Association. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted In favor. P s9 Ia 0 0 0 0 R 0 0 0 ,p Ifl N O N b O N N A N Pf N N N N N O O O O O O O .•i o 0 0 O C (7 O O N N N N o o R o o o c o o o e p vi a U U > S F4 '(� ~Q � ~ 00U' 00U' 00'J� 1 > Oag ag M M Im 0 0 0. m m z F¢ a WD WD WD a a ad 3: w J !~U !~U NV K K y e0 X 05 0 H 05 05 d Ci S `o�c x LLm U U N t7 U1� y O O N � w a W 0 0 K W Ad ZO d i U d i Z Z Z Z .0 ~z a1 Z z_ E a7 Z z_ E 0 Q +� z Z Op O O j N OZ OZ <OO 0Z Q Q = U� 0 ^O UO UO UO N y ~ 7 V' U FQ UY- fQ ER f6 UH W K K W O v HJ Um r H U 0.(0 o. y D. m ILL IL V U r O N N N 2 k ■ ■ § B § \ \ \ \ \ � act \ \ \ � � ) ( )f §§ L bb \§}) § a 2 ) \ ) § 2 / m /a m /// ( / \ 22§ / / § } \ \\L �\ (\/ \\§k \\ $ $\ b E Alk Lu } z § § k r a § § 2 § kƒ ) § k § ! 6 }� 22 3 0 § § §; \ §k �) - `9 ®§\ E c} C5 CIE 3'! e 0 E 0 46 � ■ k k k § Z _ \ \ \ 2 2 - § % m \ \ \ \ N } $ B § E L L § ) § / 7 § coI d k ` Ld § � \ § 2 2 § LL a a)Lu kk zz§ k . Z 2 \\2 LU § B§ § $\N §( �$ , s S$ o G« Oi ®R k §4 §# (LLai § LEI 31 A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to authorize G & W Engineers, Inc. to advertise for bids to repair the pier at King Fisher Beach in Port O'Connor, Texas, said bids will be opened on April 20, 2004. Commissioners' Galvan, Balalka, Floyd, Finster and Judge Pfeifer all voted in favor. DOCUMENT NO. 00020 INVITATION TO BID Sealed Bids addressed to the COUNTY OF CALHOUN (ATTENTION: HONORABLE • MICHAEL J. PFEIFER, COUNTY JUDGE) shall be received at the County Judge's Office in the Calhoun County Courthouse located at 211 S. Ann Street, third floor, Port Lavaca, Texas 77979 until 2:00 p.m. Tuesday, April 20, 2004 at which time the bids will be publicly opened and read, with the award to be made at the commissioners court meeting held on April 22, 2004. Said Bids shall be submitted on blank forms provided (Document No. 00300), shall be sealed in an envelope, and shall be clearly marked 'BID - RECONSTRUCTION OF PIER - OPEN 2:00 P.M., ON TUESDAY, APRIL 20, 2004". Bids received after 2:00 p.m, shall be returned unopened. Bids shall be for the furnishing of all labor, materials, equipment, plant and superintendence, and for performing the specified Work required to complete the RECONSTRUCTION OF PIER AT BAYFRONT PARK, PORT O'CONNOR, TEXAS FOR CALHOUN COUNTY PRECINCT NO. 4. Specified Work is set out in Document No. 00300 of these Contract Documents. The Contract Documents Package(s), which includes Instructions to Bidders, Bidding Documents, Technical Specifications, Contract Drawings, etc., may be examined at... 1. Calhoun County Courthouse, 211 S. Ann, County Judge's Office, Port Lavaca, TX; 2. G & W Engineers, Inc. Office, 205 W. Live Oak St., Port Lavaca, TX; OR said Package(s) may be purchased for S 50.00 per Package from G & W Engineers, Inc., 205 W. • Live Oak St., Port Lavaca, TX 77979. For those desiring shipment of the Package(s), a $15.00 SHIPPING AND HANDLING FEE per Package shall be required prior to shipping. Said FEE shall be in addition to and separate from the above mentioned purchase price . The COUNTY OF CALHOUN reserves the right to reject any and all bids and to waive informalities in bidding. A Pre -Bid Conference shall be held at 2:00 p.m., Tuesday, April 6, 2004 at the project site located on Park Street, King Fisher Beach, Port O'Connor, Texas. All plan holders and/or potential Bidders are STRONGLY urged to attend. In case of ambiguity or lack of clearness in stating prices in any Bid, the COUNTY OF CALHOUN reserves the right to consider the most advantageous construction thereof, or to reject the Bid. The COUNTY OF CALHOUN is an equal opportunity employer without regard to race, color, sex, age, religion, national origin, handicap, or limited English proficiency. Calhoun County Commissioners Court, Port Lavaca, Texas END OF DOCUMENT 00020-1 3'19 • L_J • DOCUMENT NO.00300 (Legal Firm Name) ,hereinafter called "BIDDER", is submitting this Proposal for Furnishing and Performing the Work specified herein as the RECONSTRUCTION OF PIER AT BAYFRONT PARK, PORT O'CONNOR, TEXAS FOR CALHOUN COUNTY PRECINCT NO.4. This PROPOSAL is Submitted to COUNTY OF CALHOUN hereinafter called "OWNER". Terms used in this PROPOSAL are defined in the General Conditions or Document No. 00120 - Instructions to Bidders and shall have the meanings indicated in the General Conditions or Instructions. 2. BIDDER proposes and agrees, if this BID is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to furnish and perform all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this BID and in accordance with the other terms and conditions of the Contract Documents. 3. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This BID will remain subject to acceptance for Sixty (60) Calendar Days after the Bid Opening. BIDDER shall sign and deliver the required number of counterparts of the Agreement, including all required documents indicated by the Bidding Requirements, within Fifteen (15) Calendar Days after the date of OWNER's Notice of Award. 4. In submitting this BID, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date): Addendum No.: Date Received: b. BIDDER has visited the site and is familiar and satisfied with the general, local and site conditions that may affect cost, progress, and furnishing and performing the Work. 00300-1 380 C. BIDDER is familiar and satisfied with all federal, state and local Laws and Regulations that may affect cost, progress, and furnishing and performing the Work. d. BIDDER is aware of the general nature of work, if any, to be performed by OWNER (or others) at the site in relation to the Work for which this BID is submitted. C. BIDDER has correlated the information known to BIDDER, information and • observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. f. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing the Work for which this BID is submitted. g. This BID is GENUINE and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID. BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding. BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. 5. BIDDER agrees to complete the Work in accordance with the Contract Documents. a. BIDDER acknowledges that the amounts are to be shown in both words and figures, and in case of discrepancy, the amount in words shall govern. b. BIDDER acknowledges that the quantities are not guaranteed and final payment will • be based on the actual quantities determined as provided in the Contract Documents. OWNER reserves the right to reduce the length of the wall if necessary to met budget constraints. C. BIDDER acknowledges that, at OWNER's option and/or at OWNER's request, any of the quantities may be deleted, reduced, or increased based upon the respective Unit Prices. d. BIDDER acknowledges that Unit and Lump Sum Prices have been computed in accordance with paragraph 11.03.13 of the General Conditions. e. BIDDER agrees to furnish all necessary labor, supervision, machinery, equipment, tools, materials, handling, hauling, taxes, insurance and all other requirements deemed necessary to complete the items of Work indicated on the following pages for the specific dollar amounts stated. 00300-2 BASE BID BID BID DESCRIPTION OF ITEM WITH UNIT ITEM QTY. UNIT PRICE WRITTEN IN WORDS 1. I L.S. Remove existing lumber from pier and remove from site for a lump sum price of • Dollars and Cents. 2. 1 L.S. Fumish new piling as indicated on the drawings for a lump sum price of Dollars and Cents. 3. 1 L.S. Align existing piling to insure a straight aligned pier for a lump sum price of Dollars and Cents. 4. 1 L.S. Furnish all labor and materials as indicated on the drawings to rebuild existing pier for a lump sum price of Dollars • and Cents. 5. 1 L.S. Furnish all labor and materials to construct handicap access ramp for a lump sum price of Dollars and Cents. 6. 1 L.S. Furnish all labor and materials to construct electrical lighting for a lump sum price of and • 00300-3 Cents. AMOUNT 382 TOTAL COST to complete the RECONSTRUCTION OF PIER AT BAYFRONT PARK, PORT O'CONNOR, TEXAS FOR CALHOUN COUNTY PRECINCT NO.4, being Items 1 through 6 above, is: DOLLARS CENTS. $ OWNER'S OPTION'S BID BID DESCRIPTION OF ITEM WITH UNIT ITEM QTY. UNIT PRICE WRITTEN IN WORDS A. 1 L.S. Delete Item 3 and Item 4 and construct new pier as per the alternate pier design for a lump sum price of Dollars and Cents. $ TOTAL BID Items 1, 2,5 & 6 and OWNER'S OPTION''A": DOLLARS CENTS. $ B. 1 EA. Fumish and install additional new piling, if required, for a unit price of and per each. 00300-4 Dollars Cents AMOUNT 383 0 E U 6. BIDDER agrees that the Work shall be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 45 Calendar Days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. The following documents are attached to and made a condition of this BID: a. b. c. d. Required Bid Security in the form of A tabulation of Subcontractors, Suppliers and other persons required to be identified in the BID. Document No. 00415 - CONTRACTOR's Corporate Resolution. Document No. 00420 - Bidders Qualification Statement. and organizations 8. Communications about this BID shall be directed to BIDDER's address indicated below. SUBMITTED this day of Authorized Signature: Name: Title: Attesting Signature: Name: Title: Legal Firm Name: Business Address: Phone Number: Facsimile Number: E-Mail Address (optional): State of Incorporation, if applicable: State Contractor License No.: END OF DOCUMENT 00300-5 , 2004. 384 A Motion was made by Commissioner Balaja and seconded by Commissioner Flnster that the minutes of January 12, 2004, January 22, 2004 and January 30, 2004 meetings be approved as Presented. Commissioners' Galvan, Balajka, Floyd, Flnster and Judge Pfeifer all voted In favor. Michael J. Pfeffer County Judge Roger C. Galvan Commissioner, PcL 1 Midwel J. Balajka Commissioner, Pct. 2 H. Floyd Commissioner, Pd. 3 Kenneth W. Ffnster Commissioner, Pct 4 Wendy Martin Deputy County Clerk Judge Pfeifer opened the Public Hearing regarding Amending the 2004 Calhoun County Budgets at 1:32 P.M. Cindy Mueller, Assistant Auditor read the 2004 Calhoun County Budget Amendments. There were no public comments and Judge Pfeffer dosed the public hearing at 1:40 p.m. A Motion was made by Commissioner Galvan and seconded by Judge Pfeffer to amend the 2004 Calhoun County Budget wfth the exception of budget amendment #266. commissioners Galvan, Bafajka, Floyd, Flnster and Judge Pfeffer all voted in favor. li 0 7 Z <z N " 0 OLL 2� -j y� ai „y W Q 8 � 2 Z W z Q LL U' z _T" m 2 yqO V O gFg $y O� IP ri FF7 Wi3UWi� U� NIH z O0 LL Z z W 0 iS Lii 2� z z LL W U w S W O P, 000 V K a O LL 0 z D LL w W Z W 0 zz 0 z LL 0 • 385 J • • ca m cm Cos Z W Q W `m` ■-M ca GOD U9 _O m G `1 I Yd c N ai O � o N yFQ O N N � N Z O O U Lja i O z w W O % W K C y 6 W O O w 0 W a w 0 LL 'QN_f N I 0 0 3 Z rn rn z y U) Nlo" a W z LL ■.cc O `� �Y Dz. 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CLI W 0 CC zo CID l� C� v Z O .cm ff co im COD Q J w O N m o� C1 O w 7 W Of v N � N H O S O K W H $ a W O O S Iw G N V N 2 N cn z O O O O O O �yWgj� d T3 x LU 0 cc Z O F Nz W =zo IL Q w C N N � m n r O z 0 $ rn Lu w w W LL El M- �I N z N C z n E� IL U W z Z 0 Z D LL 0 o g o rn v w Of O N V q 0 O O O H W W H W O O O O �G O W Y7 O rn� d O O O O N H M N Sg$o Ili H Z I- O z z z z $ rn rn w rn U �¢ OW w a U OW b Z W w F m z a w a Lu 2 z z z z w w � o o r$: i 392 al Q� K 0 a U 3 i x 8 0 w 0 � m w t0 w N o' a aLL N u N C aw W� 0 w Q V h z Q U H z O H U z U w d' a 0 a a U W z Z 0 z D LL IIo S GM H GM w w N 00 H z p 0 w U w J 0 F ra 0 a N m � M I 0 N HIM kw O C5 z 0 z z 3 U w a U w 2 LL LL A �E 0 z D LL -j LU z w W z 0 z LL LL A iN s W O a W S45jo 0 �y M OW i� Ji zF- 0 0 z z m m i A 393 V a • • 0 E � IN= CLO � � � � gE Lai � � .� � � � � � � o v COD � 0 GOD Goo � v § K B B §$7#7# i»§Ja ■ m a m a ¥ @ ■; a a a a a a k § [ § J } } } } } } } § § } } } } } } § § $ ())) ) § 2 2 2 2 2 2 ■ § 2 12 2 & § $ Q F� kk 2u § % \ ( ) § / z § ! m ! k ! ® $ § 2 ) k k k k ) ■ § ) k 394 |� § / £ To: Calhoun County Commissioners' Court From: CALHOUN COUNTY SHERIFF'S OFFICE - (Department making this request) Date! MARCH 23, 2004 I request an amendment to the 2004 budget for the year • following line items in my department: Amendment GL Account f Account Name Amount Reason 760-50005 Admtn-: Aset Cher+ff _.:-39.312.00. 760-50810 Office Managers- Sheriff +41,643.00 Social -Security, Retirement, .760-S0910 Workers-CompUnemnlovmnet + - 428.00 Net change in total budget for this department is: Other remarks/justification: I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head:6�a2� -) Date of Commissioners' Court approval: Date posted to General Ledger account(s): 3�°5 • aU0 --Pw �- SHERIFF Reclassify 2 positions from Administrative Assistant to Office Manager Cost of change effective 4/1/04 (Data prepared upon request of Marcy Warzecha 3/22/04) Administrative Office Assistant Manager Increase Annual Salary 26,207.00 27,762.00 1,555.00 Annual Benefits (excluding group insurance) 4,790.64 5,074.89 28425 Annual Total for each position 30,997.64 32,836.89 1,839.25 Annual Total for 2 positions combined 61,995.28 65,673.79 . 3,678.51 BUDGET DATA (Salary Accounts Only): Annual Salary Budget (2 positions) 52,414.00 .55,524.00 3,110.00 Cost January -March 13,103.52 Cost April -December 41,643.00 Budget Balance 31-Mar-04 39,310,48 0.00 April through December 2,333.00 BUDGET AMENDMENT DATA Administrative Assistant -Sheriffs Dept 50005 (39,310.00) Office Manager -Sheriff 50810 41,643.00 Social Security 51910 179.00 Retirement 51930 220.00 Workers Comp 51940 20.00 Unemployment 51956 9.00 Net increase In budget 2,761.00 • 396 C4(0 - P�o CALHOUN COUNTY JOB DICRIPTION OFFICE MANAGER-SERIFF'S OFFICE SUMARY OF POSITION Performs administrative and clerical tasks for Sheriff's Office. ORGANIZATIONAL RELATIONSHIPS 1. Reports to: County Sheriff 2. Directs: This is a supervisory position 3. Other: Has frequent contact with state and county agencies, vendors, greets public and handles routine inquires of general public. ESSENTIAL DUTIES AND RESPONSIBILITIES MAY include the following. Other duties may be assigned. Answer telephones, including transferring calls, taking messages, and assisting callers; Composes and prepares reports and correspondence for Sheriff; Schedules Sheriff's meeting and functions and makes preparations; Schedules work for the civil process server; Schedules inmate transports within the state and outside the state; Maintains files and records for Sheriff's Office including equipment inventory, radio license renewal records; Prepares expense vouchers and purchase orders; Orders office supplies and police and jail equipment Performs bookkeeping functions, which include payroll, account payables, bank deposits and budget amendments; Assists personnel and families with benefit questions, including health insurance, and workers compensation claims; Registers sex offender, and maintains records; 397 -U-�-P%4 Maintain warrants, civil process, and writ records; Maintain grant records, and submits grant reimbursements request; and Performs administrative duties such as sorting and distributing mail, word processing, scheduling, and typing, filing, copying and faxing • documents. is • 398 ORIZE ANY NECESSARY LOANS FROM GENERAL FUND TO VARIOUS FEMA Pass on this item. CONSIDER AND TAKE NECESSARY ACTION ON BIDS FOR TRACTOR FOR PRECINCT 1: A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to reject all bids received on the tractor for Precinct #1. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve the specifications and authorize the County Auditor to advertise for bids for a two -wheel drive tractor with a cab for Precinct #1. Commissioners' Gaivan, Balajka, Floyd, Flnster and Judge Pfeifer all voted In favor. CALHOUN COUNTY, TEXAS 810 SHEET - INVITATION TO DID BBIDFR BID ITEM TRACTOR PUM Flo* NA � NA YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: HONORABLE MICHAEL J PFEIFER, COUNTY JUDGE, 3RD FLOOR CALHOUN COUNTY COURTHOUSE, 2111 ANN, PORT LAVACA, TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID- TRACTOR BIDS WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, THURSDAY, APR/L IS, 2004 BIDS WILL BE AWARDED AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, APR/L 22, 2004 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO ACCEPT THE BID DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL BE MOST ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN EMPLOYMENT OR THE PROVISION OF SERVICES. BID ITEM: TRACTOR DEPARTMENT: PRECINCT 91 DELIVERY FOB -PRECINCT 91, 101 CO RD, PORT LAVACA, TX 77979 DES77MA7I0M PORT LAVACA AREA SPECIFICATIONS• TRACTOR - - - - - - - ---^-----------_ TWO -WHEEL DRIVE TRACTOR WITH CAB: 4 CYLINDER DIESEL ENGINE; 90 NET HORSEPOWER; 80 PTO HORSEPOWER; 60 AMP ALTERNATOR; TRANSMISSION 8 FORWARD/B REVERSE SYNCHRO SHUTTLE; CAB -INTEGRAL FACTORY RO.P.S. CERTIFIED; AIR CONDITIONING S HEATING; DELUXE SEAT W/ARMRESTS AND SEAT BELTS, WINDSHIELD WIPER AND WASHER - 2 SPEED; LEFT SIDE EXTERIOR MIRROR; TILT STEERING WHEEL; TWO FRONT WORK LIGHTS;' WO HEADLIGHTS -TAIL LIGHTS; HAZARD LIGHTS W/TURN SIGNALS. ALL GAUGES AND AUDIBLE ALARMS; TACHOMETERIHOUR METER; TINTED GLASS; POWER TAKE OFF; LIVE INDEPENDENT HYDRAULIC PTO 540 RPM; 1 3/8. 8 SPLINE SHAFT; FLIP UP PTO SHIELD EACH BID FOR TWO WHEEL DRIVE TRACTOR WITH CAB WITH TRADE-IN OF A CASE INTERNATIONAL IH695 TRACTOR (PURCHASED JANUARY 1992) TRADE-IN MAY BE SEEN AT PRECINCT #1 BARN, 1111 COe&TY ROAD, PORT LAVACA, TX 399 9 0 A Motion was made by Commissioner Gavan and seconded by Commissioner Salajka to declare the following Item (one Case International IH695 Tractor, serial #JJE0010965, asset #21-0113) as surplus/salvage and authorize as trade-in on the above: Agenda Item. Commissioners' Galvan, Balajka, Floyd, Fnster and Judge Pfeifer all voted in favor. ff-''I'iiiT1 I-irX'4IU zPMA f r • - Pass on this Item. ACCEPT .32 MILE INTO COUNTY ROAD LOG, PRECINCT #1. JENNIFER LANE, TO 8E RE -NAMED JENNIFER ROAD: A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to accept .32 mile of road into County Road Log, Precinct #1, Jennifer Lane, to be re -named Jennifer Road. Commissioners' Galvan, Balajka, Floyd, Flnster and Judge Pfeifer all voted in favor, A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to accept a Special Gift Deed from the Dlo Family Trust to Calhoun County for Rlghtof-Way on Meadowview Road. Commissioners' Galvan, Balajka, Floyd, Pinter and Judge Pfeifer all voted in favor, File # Val pgg nn SPECIAL GIFT' DEED Date: pvV Grantor: NANCY LYNN BULL, Successor Trustee of the DID FAMILY TRUST Grantor's Mailing Address: _ - 213 W 1 achand Port Lavaca 17I 77979 Grantee: CALHOUN COUNTY Grantee's Mailing Address: 211 S. Ann Port Lavaca T% 77979 Consideration: Grantor's recognition and appreciation of the benefits that will accrue to the residents of Calhoun County by reason of a public road. Property (including any improvements): BEING all of Lot No. Twenty -Seven (27), in Block No. One (1), in MEADOW BROOK PARK SUBDIVISION, a subdivision in Calhoun County, Texas, according to the established map and plat of said subdivision of record in Volume Z, Page 191, of the Map and Plat Records of Calhoun County, Texas. SAVE AND EXCEPT goWEVEg that portion of Lot 27, Block 1, sold to Basiho R. Hernandez by Deed dated May 15, 1978, from Lawrence A. Dio, Jr., Trustee, recorded in Volume 310, Page 893, of the Deed Records of Calhoun County, Texas; and this SAVEAADEXCEpT portion is more fully described by metes and bounds in Deed recorded in Volume 261, Page 115, of the Official Records of Calhoun County, Texas. Reservations from and Exceptions to Conveyance and Warranty: 1. Easements, rights -of -way, and prescriptive rights, whether of record or not; all • presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other iusbuments, other than liens and conveyances, that affect the property; rights of adjoining owns in any walls and fences situated bo a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; all rights, obligations, and other matters emanating from and existing by reason of the creation, establishment, maintenance, and operation of the Calhoun County County -Wide Drainage District. 2. Taxes for 2003 the payment of which Grantee assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. km File # Val 85818 365 Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's hens, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof; except as to the reservations from and exceptions to warranty, by through and under Grantor but not otherwise. When the context requires, singular nouns and pronouns include the plural. NANCY LVIRN AULL, Successor Tivstee of The DIO FAMILY TRUST THE STATE OF TEXAS § COUNTY OF CALHOUN § This instrument was acknowledged before me on the Hday of Q UAL, 2003, by NANCY LYNN BULL, Successor Trustee of the DIO FAMILY TRUS . After recording, return to: NO T17LE OPINION GIVENBY.AYTORNEY Prepared in the Law Offices of: Ty Zeller Attorney at Law 131 N. Virginia, Suite A Port Lavaca, Texas 77979 F14 W • 0 • L 9 File # Vol Pg BM5218 365 7@$ This Uenuent has been received by this Office for h� s ttW sr do not dscriaimte die to � Bane 0em, Color, Sea or mime O ijio, Filed for Record in: Calhoun County Honorable Anita Fricke County Clerk On:llar 25 2M at 82:36P Rereipt gaher — 42�51 By, Josie Sampson 402 RECEIVE CALHOUN COUNTY SHERIFFS OFFICE NARCOTIC FORFEITURES BUDGET FOR 2004: A Motion was made by Commissioner Finster and seconded Commissioner Galvan to receive Calhoun County Sheriff's Office Narcotic Forfeitures budget for 2004. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted In favor. CALHOUN COUNTY SHERIFF'S OFFICE NARCOTIC FORFEITURES BUDGET 2004 • ACCOUNT 3100235901 AMOUNT RECEIVED JANUARY, 2004 $45,485 BUDGETED EXPENDITURES: VEHICLES $22,000 EQUIPMENT $7,000 MISCELLANEOUS $6,000 TOTAL $35,000 ESTIMATED REMAINING BALANCE 12/31/04 $10,485 403 n U The Extension Service and District Clerk presented their monthly reports for February 2004 and after reading and verifying same, a Motion was made by Commissioner Baiajka and seconded by Commissioner Floyd to accept said reports as presented. Commissioners' Galvan, Balajka Floyd, Finster and Judge Pfeifer all voted in favor. EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Selected major activities since last report Miles traveled 154 2/2 District 11 4-H Program Development Committee(9 Adults) 2/7 Master Naturalist Traimng(25 Adults) 2/11 Natural Resource Conservation Service - EQIP meetmg(10 Adults) 2/12 Keep Calhoun County Beamifiil Meeting(10 adults) 2/12 Extension's Texas Community Futures Forum(30 Adults) 2/17 YMCA Planning meeting(3 adults) 2/18 Monofilament Recovery and Recycling Roll out in Port Aransas(10 youth and 6 adults) 2/19 Monofilament Recovery and Recycling Roll out in Port O'Connor(15 youth and 2 Adults) 2/21 Community Garden Educational Garden( 3 adults) 2/22 Local Catfish Producers Seining(8 adults) 2/.23 Local Catfish Producers Harvest(8 adults) 2/23 National Master Naturalist Meeting(50 adults) Direct Contacts 8 Office 181 Site 297 Letters/E-Mail 82 Phone Calls Indirect Contacts 2 News Releases ` News Letters _ Publication/Articles 4 Educational Events Maior plans for next month 3/1 HUM Science Fair 3/ 3 Planning meeting with Sherri Krause 3/5 Extension Performance Appraisal 3/11 Coastal Issues Conference 3/18-19 Karma/Marine Education Programs 3/20 Tree give away for Port Lavaca 3122 District 11 Technology Committee 3/25 Citizens Concerned for Youth John P. O'Connell;/ Name County Extension Agent -Marine Tide Calhoun County February 2004 Date (Month -Year) Ta Agnvftw Ex .ServiceinkLC"ter, Diectori3e Tvu A&M Umvveay5yn®College Sut T. 404 D-360 TEXAS COOPERATIVE EXTENSION The Texas A&M University System MONTHLY SCHEDULE OF TRAVEL Name John P. O'Connell Title CEA-Marine County Calhoun Month February . 2004 Date Scope and description of official travel Mlles Traveled No. and amount Meals Lodging 18 Traveled to Port O'Connor to take monofilament recovery and recycling bins to students then distributed them to business in Port O'Connor 61 20 Traveled troughout Part Lavaca to purchase supplies for community garden projedct 10 21 1 Traveled throughout Port Lavaca on official business for community garden project 24 22 Traveled to local catfish producer to take pictures of seining of catfish 29 Traveled to local catfish producers to document harvest of fish 30 154.00 Other expenses In field I hereby certify this is a true and correct report of travel (mileage) and other expenses incurred me in performance of my official duties for the month shown. Date: January 27, .2004 ed: SQ'V CALHOUN COUNTY, TEXAS AUTOMOBILE REPORT COUNTY EMPLOYEES USING PERSONAL AUTOMOBILE MON A -GENERAL INFORMATION 'ARTMENTCx r1Si d., Si 12<� PERIOD FROMaZ—Z<DY' To 2-- y *NTY EMPLOYEE RESPONSIBLE FOR VEHICLE TION B-MII SAGE AL MILES DRIVEN ON COUNTY BUSINESS vULEAGE RATE QBURSEMENT REQUESTED 37:5� -7 ASE PREPARE A CHECK REQUEST/PURCHASE ORDER FOR THE ABOVE AMOUNT AND SUBMIT TO THE COUNTY USURER FOR REIMBURSEMENT) 70N C-CERTIFICATION RTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THE ABOVE INFORMATION IS ACCURATE AND PLETE AND THAT I HAVE BEEN PROVIDED WITH INTERNAL REVENUE PUBLICATION NO. 463 AND THAT VE THE RECORDS REQUIRED TO SUPPORT THE ABOVE. I ALSO UNDERSTAND THAT THESE RECORDS ARE ECT TO EXAMINATION BY THE COUNTY AUDTTOR AND THE INTERNAL REVENUE SERVICE. IF MY RECORDS EXAMINED BY EITHER THE COUNTY AUDITOR OR THE INTERNAL REVENUE SERVICE AND ARE FOUND TO 1ADEQUATE OR INCOMPLETE I AGREE TO REIMBURSE THE COUNTY FOR ANY EXPENSES OR DISALLOWED !AGE INCURRED BECAUSE OF THE EXAMINATION. i , . • S/ A 406 TEXAS COOPERATIVE EXTENSION EXTENSION ACTIVITY REPORT TO CALHOUN COUTNY COMMISSIONORS COURT Selected Major Act otes Since Last Report February 2004 * Denotes Nightor Weekend Activity Total Miles Traveled: -1259 Date Daily Account • 2 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries conceming 4-H projects, clubs, and upcoming events. 3 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects; dubs, and upcoming events. 4 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, clubs, and upcoming events. 5 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, dubs, and upcoming events. 6 Sick Leave * Attended the San Antonio Rural Youth Banquet at the Mark's Hotel in San Antonio. 4-H Member Kevin Hahn was honored as an outstanding District 114H member. 7 * Assisted the Urban Forestry service in handing out free tree door hangers to residents living in the Brook hollow subdivision. 9 TEEA council meeting. Members of the council discussed upcoming events and projects. Office Management. * 4-H Shotgun orientation meeting. • 10 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, dubs, and upcoming events. Conducted general office maintenance and management. 11 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, clubs, and upcoming events. *Left to San Antonio for S.A. School tours program. 12 San Antonio for the S.A. School tours Program. * TCFF meeting held that evening in the Bauer Building. 13 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, clubs, and upcoming events. 14 * Transported a Market goat to the San Antonio Livestock Show and Rodeo. 15 * Transported a Market goat to the San Antonio Livestock Show and Rodeo 4197 40 L J • 16 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, clubs, and upcoming events. Conducted general office maintenance and management. 17 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. 18 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. 19 Traveled to San Antonio Stock Show and Rodeo to visit with members that were competing in the market hog and the market steer divisions. 20 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. 22 * Traveled to San Antonio with livestock judging team members to compete in the S.A. livestock judging contest. 23 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate,the county and district 4-H program. 24 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele Information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. * Cattlemen's banquet. meet with Dr. Buddy Farris concerning starting up a 4-H Vet science project in the county. 25 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele Information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. 1h day vacation 26 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. * Livestock judging practice. * 4-1-1 Council Meeting * Photography meeting. 27 Travel to Matagorda County for the Livestock Judging Contest 29 * Assisted in the Hospital fundraiser at the Bauer Community Center. Community Educational Outreach Summary —870 office visits —135 — Emails and Correspondence 0 — 4-1-1 Project Visit 120 - Phone calls 5 — News releases 240 — 4-1-1 Newsletters Information was distributed to all dub managers through club boxes. Information was then discussed at all club meeting. 408 March 2004 Upcoming Event and Activities Date Event/activity 1— 31 Leave of Absence Will attend: 1 TEEA Council Meeting 7 Calhoun County Day at the Houston Livestock Show and Rodeo 20 County Roundup 31 TEEA Spring conference in Aransas Pass Adriana M. Whitwell - / February 2004 40 L J • • March 10, 2004 4-H CONSUMER DECISION MAKING: VOTE NOW By (agent's name) In 4-H, the consumer decision making program is an annunl learning activity that teaches young people how comparing consumer goods and services before purchasing is a wise financial choice. • The program is designed to help youth develop life-long consumer skills by learning to compare price, quality, service and other important factors when shopping. "One of the best aspects of being involved with consumer decision making learning activities, is that this is a process of real engagement," said Nancy Granovsky, Texas Cooperative Extension family economics specialist. "It is learning by doing, and this contributes to life-long consumer skill development. And it helps youth learn how to avoid costly mistakes because of this engagement." In order to start this process, real consumer goods and services are used as learning tools and topics. That's why nominations are now being accepted for consumer decision making topics for 2005-2006. To nominate a particular item or service, visit the Extension Family and Consumer Science Web site at hU://fcs.tamu.edu/ and click on the link to 2005-2006 Consumer Decision Making Contest Nominations. From there, just follow the directions. Anyone who wishes to submit a nomination but who does not have access to the Web may call a local county agent and request an entry form. Nominations will be accepted until April 1; voting on the final selections will be April 5-20. To see what topics youth are: currently studying, see httn://fcs.tamu.edu/monman/cdm2003/ DM-2003 htm The consumer decision making topics will be used in 4-H club activities throughout the year. These activities will culminate at consumer judging events at the county, district and state levels. Learning to make wise decisions as a consumer is a skill that can last a lifetime. Some 4- H parents report that after completing the program, their young consumers often help them make real consumer decisions within their own families. • "Ifs taken the heat off having to have designer -this and designer -that, some parents have told me," one agent reported "The reason for that is that kids also learn how advert*sing is designed to appeal to us." So remember. It's an election year for the 4-H consumer decision making program too. "Your ideas are important, so cast your nomination for a topic now," Granovsky said. "In April, you will be able to vote for the topics that will become Consumer Decision Making Study Guides for 2005-2006." For more information call the county Extension office at -30- C1 410 TEXAS COOPERATIVE EXTENSION EXTENSION ACTIVITY REPORT TO CALHOUN COMMISSIONERS COURT Selected Major Activities Since Last Report January 2004 • Denotes Night or Weekend Activity 395.4 miles Date Daily Account 1 County Holiday, New Year's Day — Extension Office Closed. 2 Office Management. Supervised the finalization of purchase orders for Calhoun County's fiscal year 2003. 5 Sick Leave — Doctor's Appointment. 6 Office Management. Responded to clientele questions concerning agriculture/horticulture/natural resources. 7 Office Management. Responded to clientele questions concerning agriculture/horticulture/natural resources. 8 Office Management. Responded to clientele questions concerning agriculture/horticulture/natural resources. 9 Office Management. Responded to clientele questions concerning agriculture/horticulture/natural resources. 12 Office Management. Respondedto clientele questions concerning agriculture/horticulture/natural resources. Site visit (1), Magnolia Beach. NRCS Conservationist and AG/NR Agent check beach erosion project initiated by Precinct 1 Commissioner. 13 Office Management. Responded to clientele questions concerning agriculture/horticulture/natural resources. 14-16 Sick Leave — Surgery. 19 State Holiday. 20-23 Sick Leave — Surgery 26-28 Sick Leave — Surgery 29 Office Management. Responded to clientele questions concerning agriculture/horticulture/natural resources. 30 Crop Technology Program, Bauer Exhibit Building — 2lattended. Extension Specialists (Livingston & Parker), TDA Pesticide Inspector, and AG/NR Agent presented a program concerning 2002-2003 research as well as laws governing pesticide applicators. Community Educational Outreach Summary 14 — Office Visits 0 — Farm/Ranch Visits 57 — Phone Calls 1 — Home Visits 358 — E-mails & Correspondence 0 — 4-H Livestock Project Visits 0 — News Releases 240 — 4-H Newsletters 0 — AglNR Newsletters 7 — Continuing Education Units (CEU) • r, �i CJ February 2004 Upcoming Events/Activities/Programs Date EyentlActiyit V/ProYram 5-9 Beltwide Cotton Conference, San Antonio, Texas. 14 Cotton Stalk Destruction Meeting, Corpus Christi Research and Extension Center. 22 4-H ParenVLeader Meeting, Extension Office. • 30 Crop Technology Program, Bauer Exhibit Building. A. Zan Mdithitrs Jr., M.S. County Extension Agent Agriculture/Natural Resources Calhoun County • • 412 D-360 Name: County: Date TEXAS COOPERATIVE EXTENSION The Texas A&M University System MONTHLY SCHEDULE OF TRAVE Calhoun County Extension Agent —Agriculture /Natural Resources A. Zan Matthies Jr., M.S. Title: County Extension Agent — AG/NR Calhoun - 057 Month: January , 2004 Travel Description Miles Meals Lodging Jan 7-8 Beltwide Cotton Conference, San Antonio 357.9 45.00 161.11 Jan 12 Survey of demonstration site - Magnolia Beach Area 22.6 Jan 29 Routine Office Travel 14.9 TOTAL 395.4 S45.00 $161.11 Other expenses in field (list): I hereby certify this is a true and correct report of travel (mileage) and other expenses incurred by me in performance of my official duties for the month shown. Date: February 2,2004 Signed: A. r Matthk Jr., M.S. CEA-AG/NR Calhoun County 41.3 • • • L_J • TEXAS COOPERATIVE EXTENSION EXTENSION ACTIVITY REPORT TO CALHOUN COMMISSIONERS COURT Selected Major Activities Since Last Report February 2004 * Denotes Night or Weekend Activity Date 3-6 2,210.9 miles Daily Account Office Management. Traveled to Victoria County Extension Office to ttansferpaperwork concerning IPM Agent to CEA-AG, Victoria County, Joe Janak. Project Visit, Seadrift, 2 attended —Checked juniormarket steer project prior to departure to Fort Worth Stock Show. Fort Worth Stock Show, 2 attended — Calhoun County 4-H Youth exhibited a market steer project at the junior market steer show. 9 Office Management. Assisted clientele with inquiries regarding Calhoun County agriculture/natural resources. 10 Office Management. Assisted clientele with inquiries regarding Calhoun County agriculture/natural resources. Departed for the junior market gilt show at San Antonio. 1 I Attended the San Antonio Market Gilt Show, 3 attended. One 4-H member exhibited a gilt project. 12 Picked -up supplies in Victoria that were needed for TCFF Facilitation meeting. * TCFF facilitation meeting, Bauer Exhibit Building, 25 attended. A forum was held with leadership of the community to identify issues pertaining to Calhoun County and how Extension, programming efforts can target these issues. The forum also designated Extension if both primary and resources roles depending on the issue. 13 Office Management. Assisted clientele with inquiries regarding Calhoun County agriculture/natural resources. 16 Visited brush test plots in the Six -Mile are to check on huisache control. Office Management. Assisted clientele with inquiries regarding Calhoun County agriculture/natural resources. * Project Visit, Six -Mile, 3 attended. Checked market swine projects for San Antonio Livestock Show. 17 Office Management. Assisted clientele with inquiries regarding Calhoun County agriculture/natural resources. I8 - 20 * San Antonio Market Show, SEC Center, 17 attended. Calhoun County 4-H members exhibited market swine and steer projects. 23 Office Management. Assisted clientele with inquiries regarding Calhoun County agriculture/natural resources. 24 Office Management. Assisted clientele with inquiries regarding Calhoun County agriculture/natund resources. * Calhoun County Cattlemen's Association Annual Banquet, Bauer Exhibit Building, 35 attended. Cattlemen's Association held their annualbanquetwhere members were updated on educational programs that were held during the past year. Membership also nominated and elected directors whose terms had expired this year. Dr. Buddy Faries presented a program on BSE and its impact on the American beef industry. 25 Sick Leave. 26 * Row Crop Committee Meeting, Bauer Exhibit Building, 8 attended. Committee discussed programming efforts, county restrictherbicides (2,4-D), result demonstrations, and crop weather stations. Office Management. Assisted clientele with inquiries regarding Calhoun County agriculture/natural resources. 27 Office Management. Assisted clientele with inquiries regarding Calhoun County agriculture/natural resources. 28 * Victoria County Junior Gilt Show, Victoria Civic Center, 6 attended. Met with 4-H members & leaders from Calhou n County to watch and evaluate the junior gilt show. 414 Community Educational Outreach Summary 32 — Office Visits 0 — Farm/Ranch Visits 104 — Phone Calls 0 — Home Visits 242 — E-mails & Correspondence 2 — 4-H Livestock Project Visits 0 — News Releases 240 — 4-H Newsletters 0 — Ag/NR Newsletters 0 — Continuing Education Units (CEU) March 2004 Upcoming Events/Activities/Programs Date Event/Activity/ProLram 1 Judge of HJM Science Fair. 8 Beef Nutritional Program (Partnering with 5 Star Feeds), Bauer Exhibit Building. 9 Community Garden Association Executive Board Meeting, Extension Office. 11-14 Houston Livestock Show - Barrow Sift, Washington County Fairgrounds. 15-19 Houston Livestock Show - Junior Market Steer Show. 22 District 11 Distance Education Committee Meeting, Corpus Christi, A. Zan M*es ,.S. County Extension Agent Agriculture/Natural Resources Calhoun County 415 • • • • • D-360 TEXAS COOPERATIVE EXTENSION The Texas A&M University System MONTHLY SCHEDULE OF TRAVE Calhoun County Extension Agent —Agriculture /Natural Resources Name: A. Zan Matthies Jr., M.S. Title: County Extension Agent — AG/NR County. Calhoun - 057 Month: February , 2004 Date Travel Descrintian Feb 2 Victoria Extension Office Project Visit— Seadrift Area 143.1 Feb 3 - Feb 7 Fort Worth Stock Show & Rodeo 926.5 120.36 179.85 Feb 9 Routine Office Travel 14.9 Feb 10 - Feb 11 San Antonio Livestock Show 287.6 32.50 Feb 12 Office Supply Pick -Up — Victoria 36.0 Feb 16 Routine Office Travel Demonstration Site Visit— Six -Mile Area Project Visit— Six -Mile Area 41.4 Feb 17 Routine Office Travel 8.3 Feb 17 - Feb 21 . San Antonio Livestock Show 671.2 107.98 200.00 Feb 23 Routine Office Travel .6 Feb 24 Routine Office Travel ±7.8 LFeb28 4-tt rroj ect - Livestock Judging Practice, Victoria 39.7 Routine Office Travel 7.5 4-H Project - Livestock Judging Practice, Victoria 15.3 TOTAL 2-21n_9 @Itn vd Other expenses in field (list): I hereby certify this is a true and correct report of travel (mileage) and other expenses incurred by me in performance of my official duties for the month shown. Date: March 4, 2004 Signed: Ja A Zan Manhi r., MA. CEA-AG/NR Calhoun County 416 CALHOUN COUNTY, TEXAS DISTRICT CLERK SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT Remittance to County Treasurer: Road and Bridge General Fund: Fines Bond Forfeiture General Fund: District Clerk's Fees Sheriff's Fees Jury Fees Law Library Fund: C.J.P.F.: L.E.O.S.: C.v.C.A.: J.P.T.: C.S.: B.A.T.: C.B.F.: Fugitive Appr. Acct.: C.C.C.: Jur. Crime Prev.: Time Pay Fee: Civil Indigent Filing Fee: Abused Children's Fund: C.N.I.: A.J.S.F.: Sanuary7 7-oo4 Interest: TOTAL REMITTANCE TO COUNTY TREASURER: Remittance to Others: Oat -of -County Sheriff's Fees: State: C.A.R. Fund: TOTAL REMITTANCE TO OTHERS: TOTAL EXPENDITURES: ENDING BALANCE: TOTAL: Reconciliation With Cash in Bank: Balance in Checking Account: Outstanding Receipts: Outstanding Checks: Outstanding Criminal Receipts: RENITTAHCES - F"r"ry, zoo 4 4 4SU�.sn TOTAL: S37 SO -6z6.ak• 642.00 6 4 2 00 72 7.1.1A 1 40(L' Ct 6 (04..34 " .00 537.SO _a 734.40 l4- 404_ 99 APPRO Pamela Martin Hart'grove District Clerk RECEIVED: Hike Pfei er County Judge 41l 0 . CALHOUN COUNTr, TEAS DISTRICT CLEEH SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT District Clerk's Fees: Certified Copies Criminal Court Civil Court Stenographer Records Management Fund Courthouse Security Fund Civil Indigent Filing Fee Sheriff's Fees: Civil Court Civil Jury Jury Fees: Law Library Fees: C.J.P.F. L.R.O.S.: C.v.C.A.: J.P.T.: C.S.: B.A.T.: C.R.F.: Fugitive Appr. Acct.: C.C.C.: Juv. Crime Prev.: Time Pay Fee: Abused Children's Fund: C.M.I. A.J.S.F.: f.. I. A. TOTAL FEES: Bond Forfeiture: Fines: Criminal Court •C.A.R. Fund: State: Other Collections: Reimbursable Costs cl:_* 21A4 se.* QLA a.4, zlat i.144 zl9L TOTAL CASH RECEIPTS: INTEREST EARNED: BEGINNING BALANCE: TOTAL RESOURCES: • RECEIPTS - f -6t, ar1, zoo4- L6(. 74 14,Z74.9O S. !) 9 _ 9 391.44- 41 8 A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to except a donation from William Nolan Richards to Calhoun County, all of Lot 49 and the West 30' of Lot 48 of Alexander G. Schicke Subdivision No. 2 of Schicke.Estate Partition Tract No 10. Commissioners' Galvan, Bala)ka, Floyd, Flnster and Judge Pfeifer all voted In favor. March 22, 2004 To Whom it May Concern: • In the matter of The State of'fexas vs. William Nolan Richards case no. 2003-28390,1 release ownership of Alexander Schicke'#2, Lots 49 and 301eet of Lot 48 to Calhoun County. The county will be responsible for the clean up of the property. William Nolan Ric ds E L-i:d G0£S£6aTKT:01 :43W d22:60 SG6T-6T-NHf Cl 419 9 • • A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to declare all construction debris from renovation of Old Seadrift Elementary School/Seadrift Ubrary as surplus/salvage. Commissioners' Gaivan, Balajka, Floyd, Finster and Judge Pfeffer all voted in favor. . TECHNO PHONE LTD SERIAL NO.63403 . NOKIA PHONES #21-00004031447 & #160607922785 . NOKIA BATTERIES #KD-45/0874 & #KD-45/694/A . OKI PHONE WITH ACCESSORIES 64-4200 . NOKIA MOBIL PHONE TYPE C250 MIKII #661-182-1538 . 1990 CHEW PICKUP VIN #SGCDCI4KXL173826 . 2000 FORD CROWN VICTORIA ViN#2FAFP71W9XYX17410 . 1999 FORD CROWN VICTORIA VIN#2FAFP71W1XX149696 A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to declare one Techno Phone LTD Serial #63403, two Nokia Phones #21-00004031447 & #IS0607922785 and Nokia batteries #KD-45/0874 & KD-45/694/A, one OKI Phone with accessories 64-4200, one Nokia Mobil Phone Type C250 MIKJI #661-182-1538, one 1990 Chevy Pickup VIN #1GCDC14KXL173826, one 2000 Ford Crown Victoria VIN #2FAFP71W9XYX174105, and one 1999 Ford Crown Victoria VIN #2FAFP71W1X0(14696 as surplus/salvage from the SherifYs Department. Commissioners' GaNan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that the following Budget Adjustments be approved as presented. Commissioners' GaNan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. 8 $8� $coo u w�� ]Z ppp 482 Gg y ? � � O S? O fLyJW yp f a $ 888 8 E Ft a 12 �11 420 3-24-204 11:36AM FROM CALHOUN CO. AUDITOR 361 553 4614 P_ 2 o 0 � iy O O m = N n Ix C � N z W o O �p0 z Do 0 0 m a=a w w G N 8 � O O Opp N w O O O u C[uy C 0 o O z LL w z 'w^ V W l- W Z F ze p ^ U' 0 0 z z z w M d 2 I O O O O O O N N M r� L i 421 N B 0 3-24-204 11:37AM FROM CALHOUN CO. AUDITOR 361 553 4614 P. 3 171 �J 171 IMMEM Mimi a O C6 06. _Z ZE POEMS d W Ca O m Go V CC z co CID co E Ft °Do 0 0 o O 0 0 O O m N � pp O O O G N S o CH g Ct �p9 p O pN S gW 4 m "J' w 6 w N O ■w1� O O O 92% 0 0 N aZ a c� z a 0 °z z z v } � w w a w W ¢ a = r Z O w O z _ O q 6 O N b n e 8 Q m F 0 o g $ g iC O v �+ cli it �jo 0 0 0 0 g lid *i rn D. � q z M M W F 2 p ■Wp O p O p O p O p 8 �W{ G low 0 O O O C N N N ibq W z. z z z z z z z z z m w w rn w w Z 0 0 a z w a Z. w U F W Wj Z N W Y i U y {- R W W W 90 3WE 422) n O M 3-24-204 11:37AM FROM CALHOUN CO. AUDITOR 361 553 461.1 N N yy�[[ S K W W h O LL W W U K w w K 0 �0 N T� O z O Pw P w LL W � a� z lw o V Q W� o Wz z i 2 L W O b r� 2 0 w J V �F W H 3 O ow44 3-24-204 11:38AM FROM CALHOUN CO. AUDITOR 361 553 A61A P_ 5 • z rr Cl QJ w z w 0 z 0 z 1 O O O w N !09 O N N a 1= M N W S S G O ON w N W J O O O O O C G G r- z z z z z w z � 0 O wo N C J z 1114LLL a W Z a y W W ofO Q Q w w ¢ to Q jr W a 0 a O O o 0 e w 0 z m LL Lu a CL 0 w 1- LL It 0 LL LL R W w I z 0 z o opp WP . h O O OM y�S 8 $ S w N H 424 Q 3-24-204 11=38AM FROM CAU4UU CO. AUDITOR 361 553 4614 P.6 v h LL aQd} S LU Le U a o d �I o w N ° t: zuj LL .m E LL ` O !L w U- U W 2 N w 111 W= som D W W z 0 J Q 3 w z �y N q o W O w H Z o' a LIj Q � c Zw z z z O Z Q Z o 0 O N J F Q n� W Q z a z o g o Mimi o 0 0 S O N d q � N N C, iy C W N � W O p O S N N N z 3 N W z W 2 W o O O N N N Q W G O $ o W ►�j ®aG N N r r Q Z00 ~ O Z Z Z W W 5 L Q 4 Z D a 0 10 v i Z U C7 K j Vi 1�+ CO (0 8 N E m � m 425 • 3-24-204 11:39AM FROM CALHOUN CO. AUDITOR 361 553 d614 P. 7 i 0 0 Z rM g a e c .�. W �O O w i(i vi aFS15 N v W a Z m A �o o c mO Ni IOOg CO? q K �1 O F A 426 Claims totaling $666,147.43 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Floyd that said claims be approved for payment. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. Claims totaling $1,552,239.72 for Hospital Operations were presented by the County Treasurer • and after reading and verifying same, a Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that said claims be approved for payment. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. FAOAS 11 la> _ • .• 2-1 .• u t Claims totaling $120,215.56 for Hospital Indigent Healthcare were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Balajka that said claims be approved for payment. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. Court was adjourned at 2:15 p.m. 4227 •