AGREEMENT made as of the 18th day of September in the year 2007 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) BELTWAY BUSINESS PARK WAREHOUSE NO. 2, LLC c/o Majestic Realty Co. 13191 Crossroads...
AGREEMENT
made as of the 18th day of September in the year
2007
(In
words, indicate day, month and year)
BETWEEN
the Owner:
(Name,
address and other information)
c/o
Majestic Realty Co.
13191
Crossroads Pkwy., X. 0xx
Xxxxx
Xxxx
xx
Xxxxxxxx, XX 00000
and
the
Contractor:
(Name,
address and other information)
The
Project is:
(Name
and location)
0000
Xxxxxxx Xxxx
Xxx
Xxxxx, XX 00000
The
Architect is:
(Name,
address and other information)
SH
ARCHITECTURE
0000
Xxxx
Xxxxx, Xxxxx 000
Xxx
Xxxxx, XX 00000
The
Tenant is:
(Name,
address and other information)
NEVADA
POWER COMPANY
0000
Xxxx
Xxxxxx Xxxxxx
Xxx
Xxxxx, Xxxxxx 00000
The
Owner
and Contractor agree as follows.
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 full execution of this Agreement;
these
form the Contract, and are as fully a part of the Contract as if attached to
this Agreement or repeated herein. The Contract represents the entire and
integrated agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in
Article 15. If anything in the other Contract Documents is inconsistent with
this Agreement, this Agreement shall govern. If anything in this
Agreement is inconsistent with any provision of Exhibit “B”, Exhibit “C” or
Exhibit “D” hereto, the provisions of the Exhibits shall govern.
ARTICLE 2 THE WORK OF THIS CONTRACT
The
Contractor shall fully execute the Work described in the Contract Documents,
except to the extent specifically indicated in the Contract Documents to be
the
responsibility of others. The Work shall be performed in Phases as defined
and
described in Exhibit “D,” Special Provisions, attached hereto. See
Exhibit “D,” Special Provisions, attached hereto.
ARTICLE 3 RELATIONSHIP OF THE PARTIES
The
Contractor accepts the relationship of trust and confidence established by
this
Agreement and covenants with the Owner to cooperate with the Architect and
exercise the Contractor's skill and judgment in furthering the interests of
the
Owner; to furnish efficient business administration and supervision; to furnish
at all times an adequate supply of workers and materials; and to perform the
Work in an expeditious and economical manner consistent with the Owner's
interests. The Owner agrees to furnish and approve, in a timely manner,
information required by the Contractor and to make payments to the Contractor
in
accordance with the requirements of the Contract Documents.
ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 4.1
The date of commencement of Phase 1 of the Work shall be the
date of this Agreement. The date of commencement of Phase 2 of
the Work shall be the later to occur of (i) the date of issuance by Xxxxx
County, Nevada of the first building permit other than a grading permit for
any
portion of the Work to be completed for Phase 2 or (ii) the date that the Change
Order for Phase 2 provided for in §15.1.4 has been executed by Owner and
Contractor. The date of commencement of Phase 3 of the Work shall be
the later to occur of (i) the date of issuance by Xxxxx County, Nevada of the
first building permit for any portion of the Work to be completed for
Phase 3 or (ii) the date that the Change Order for Phase 3 provided for in
§15.1.4 has been executed by Owner and Contractor. A building permit
for Phase 2 Work or Phase 3 Work shall be deemed “issued” for purposes of this
§4.1 no later than the second business day following the date the (i) the
building permit has been approved by the Xxxxx County Building Department and
made available to pick up upon payment of applicable fees and (ii) Contractor
has been so informed, by e-mail, orally or in writing by Owner, Tenant,
Architect or the Xxxxx County Building Department.
§ 4.2
The Contract Time for a Phase of the Work shall be measured
from
the date of commencement for such Phase.
§ 4.3
The Contractor shall achieve Substantial Completion of
the Work for each Phase as follows:
Phase
1: Within twelve (12) months of the date of this
Agreement;
Phase
2: Within eight (8) months of the date of commencement of Phase
2;
Phase
3: Within eight (8) months of the date of commencement of Phase
3;
subject
to adjustments of these Contract Times as provided in the Contract
Documents.
§4.4
In the event the Contractor does not achieve Substantial Completion of the
Work
to be completed within a Phase within the applicable Contract Time, including
approved extensions, the Contractor shall pay Tenant, as liquidated damages
and
not as a penalty, the sum of $2,000 per each day the actual time performance
exceeds the authorized Contract Time. Contractor and Owner stipulate,
acknowledge and agree that the exact amount of costs, expenses and damages,
including consequential damages, incurred and suffered by Tenant as a result
of
Contractor’s failure to timely achieve Substantial Completion of the Work to be
completed within a Phase would be difficult to determine, and that the foregoing
liquidated damages constitute a reasonable estimate of that amount.
§4.5 Included
in the construction are up to seventy-five (75) days that are anticipated to
be
lost due to inclement weather. Any request for extension of the
periods set forth in §4.3 within which to achieve Substantial Completion of the
Work to be completed within such Phase shall be processed in the manner set
forth in §8.2 and §8.3 of Exhibit “A,” General Conditions of the Contract for
Construction, as modified and supplemented by the Supplementary
Conditions.
§4.6 Any
delays by the applicable governmental authority in issuing any building permit
required for completion of a Phase of the Work not attributable to causes within
Contractor’s control shall be excused by Owner and Tenant, and the applicable
Contract Time shall be extended by all such delays.
ARTICLE 5 BASIS FOR PAYMENT
§ 5.1
CONTRACT SUM
§ 5.1.1
The Owner shall pay the Contractor the Contract Sum in current
funds for the Contractor's performance of the Contract. The Contract Sum is
the
Cost of the Work as defined in Article 7 plus the Contractor's Fee.
§ 5.1.2
The Contractor's Fee is: _5__% of the Cost of the
Work
§ 5.2
GUARANTEED MAXIMUM PRICE
§ 5.2.1The
sum of the Cost of the Work for Phases 1 and 2 and the Contractor's Fee for
Phases 1 and 2 is guaranteed by the Contractor not to cumulatively exceed
FIFTY-TWO MILLION NINETY-SIX THOUSAND, THREE HUNDRED SEVENTY-FOUR DOLLARS
($52,096,374), subject to additions
and deductions by
Change Order as provided in the Contract Documents (the “Phase 1 and 2 GMP”);
provided, however, that if (i) the date of commencement of Phase 2 of the Work
is delayed beyond four (4) months following the date of this Agreement, (ii)
Contractor has not caused such delay and (iii) such delay causes a delay in
Substantial Completion of Phase 2 of the Work, then the Phase 1 and 2 GMP shall
be increased by the increased cost of Project General Conditions caused by
such
delay in Substantial Completion of Phase 2 of the Work. Costs
of the Work for Phases 1 and 2 that would cause the Phase 1 and 2 GMP to be
exceeded shall be paid by the Contractor without reimbursement by the
Owner. The sum of the Cost of the Work for Phase 3 and the
Contractor’s Fee for Phase 3 is guaranteed by the Contractor not to exceed an
amount (the “Phase 3 GMP”) to be set forth in a Change Order to be executed by
the parties as provided in §15.1.4, subject to additions and deductions by
subsequent Change Order as provided in the Contract Documents. The
Phase 3 GMP shall be ONE HUNDRED THREE PERCENT (103%) of the total dollar amount
of the initial bids for the Phase 3 Work received by Contractor after full
execution of this Agreement, plus
Other Allowances (defined below), subject to increase adjustment for the
following: (i) actual Cost of the Work in Phase 3 in excess of any
allowance amounts set forth in those bids; (ii) actual cost of items first
disclosed in final Drawings and Specifications for Phase 3 and not the subject
of those bids or allowances; (iii) cost of Project General Conditions for Phase
3, including but not limited to those attributable to an increase in the
Contract Time for Phase 3; and (iv) Contractor’s Fee for Phase 3 of the Work,
all of which shall be subject to additions and deductions by Change Order as
provided in the Contract Documents; provided, however, that if (i) the date
of
commencement of Phase 3 of the Work is delayed beyond four (4) months following
the date of this Agreement, (ii) Contractor has not caused such delay and (iii)
such delay causes a delay in Substantial Completion of Phase 3 of the Work,
then
the Phase 3 GMP shall be increased by the increased cost of Project General
Conditions caused by such delay in Substantial Completion of Phase 3 of the
Work. Costs of the Work for Phase 3 that would cause the Phase 3 GMP
to be exceeded shall be paid by the Contractor without reimbursement by the
Owner. As used above, “Other Allowances” means the reasonable
allowances provided by Architect or, if not provided by Architect, provided
by
Contractor, in the absence of specifications or other detail not yet available
and not included in the Drawings and Specifications for Phase 3 to the extent
not covered by allowances in the initial bids for Phase 3 Work. The
sum total of the Phase 1 and 2 GMP and the Phase 3 GMP is sometimes collectively
referred to in the Contract Documents as the “Guaranteed Maximum
Price.”
§ 5.2.2
The Guaranteed Maximum Price is based on the following
alternates, if any, which are described in the Contract Documents and are hereby
accepted by the Owner:
§ 5.2.3
Unit prices, if any, are as follows:
See
Exhibit “D”, Special Provisions, attached hereto.
§ 5.2.4
Allowances, if any, are as follows
See
Exhibit “D”, Special Provisions, attached hereto.
§ 5.2.5
Assumptions, if any, on which the Guaranteed Maximum Price
is
based are as follows:
See
Exhibit “D”, Special Provisions, attached hereto.
§ 5.2.6
To the extent that the Drawings and Specifications are anticipated to require
further development by the Architect, the Contractor has provided in the
Guaranteed Maximum Price for such further development consistent with the
Contract Documents and reasonably inferable therefrom. Such further
development does not include such things as changes in scope, systems, kinds
and
quality of materials, finishes or equipment, all of which, if required, shall
be
incorporated by Change Order.
ARTICLE 6 CHANGES IN THE WORK
§ 6.1
Adjustments to the Guaranteed Maximum Price on
account of changes in the Work may be determined by any of the methods listed
in
Section 7.3.3 of AIA Document A201-1997.
§ 6.2
In calculating adjustments to subcontracts (except those awarded
with the Owner's prior consent on the basis of cost plus a fee), the terms
"cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201-1997 and the
terms "costs" and "a reasonable allowance for overhead and profit" as used
in
Section 7.3.6 of AIA Document A201-1997 shall have the meanings assigned to
them
in AIA Document A201-1997 and shall not be modified by Articles 5, 7 and 8
of
this Agreement. Adjustments to subcontracts awarded with the Owner's prior
consent on the basis of cost plus a fee shall be calculated in accordance with
the terms of those subcontracts.
§ 6.3
In calculating adjustments to the Guaranteed Maximum Price,
the
terms "cost" and "costs" as used in the above-referenced provisions of AIA
Document A201-1997 shall mean the Cost of the Work as defined in Article 7
of
this Agreement and the terms "fee" and "a reasonable allowance for overhead
and
profit" shall mean the Contractor's Fee as defined in Section 5.1.2 of this
Agreement.
§ 6.4
If no specific provision is made in Section 5.1 for adjustment
of the Contractor's Fee in the case of changes in the Work, or if the extent
of
such changes is such, in the aggregate, that application of the adjustment
provisions of Section 5.1 will cause substantial inequity to the Owner or
Contractor, the Contractor's Fee shall be equitably adjusted on the basis of
the
Fee established for the original Work, and the Guaranteed Maximum Price shall
be
adjusted accordingly.
ARTICLE 7 COSTS TO BE REIMBURSED
Costs
to
be reimbursed shall be as defined in Exhibit “B”, Cost of the Work, attached
hereto.
ARTICLE 8 COSTS NOT TO BE REIMBURSED
Exhibit
“B”, Cost of the Work, attached hereto sets forth the items to be properly
included in the Cost of the Work.
ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS
§ 9.1
Cash discounts obtained on payments made by the Contractor
shall
accrue to the Owner if (1) before making the payment, the Contractor included
them in an Application for Payment and received payment therefor from the Owner,
or (2) the Owner has deposited funds with the Contractor with which to make
payments; otherwise, cash discounts shall accrue to the Contractor. Trade
discounts, rebates, refunds and amounts received from sales of surplus materials
and equipment shall accrue to the Owner, and the Contractor shall make
provisions so that they can be secured.
§ 9.2
Amounts that accrue to the Owner in accordance with the
provisions of Section 9.1 shall be credited to the Owner as a deduction from
the
Cost of the Work.
ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS
§ 10.1
Those portions of the Work that the Contractor does not
customarily perform with the Contractor's own personnel shall be performed
under
subcontracts or by other appropriate agreements with the Contractor. The Owner
may designate specific persons or entities from whom the Contractor shall obtain
bids. The Contractor shall obtain bids from Subcontractors and from suppliers
of
materials or equipment fabricated especially for the Work and shall deliver
such
bids to the Architect. The Owner shall then determine, with the advice of the
Contractor and the Architect, which bids will be accepted. The Contractor shall
not be required to contract with anyone to whom the Contractor has reasonable
objection.
§ 10.2
If a specific bidder among those whose bids are delivered by
the
Contractor to the Architect (1) is recommended to the Owner by the Contractor;
(2) is qualified to perform that portion of the Work; and (3) has submitted
a
bid that conforms to the requirements of the Contract Documents without
reservations or exceptions, but the Owner requires that another bid be accepted,
then the Contractor may require that a Change Order be issued to adjust the
Guaranteed Maximum Price by the difference between the bid of the person or
entity recommended to the Owner by the Contractor and the amount of the
subcontract or other agreement actually signed with the person or entity
designated by the Owner.
§ 10.3
Subcontracts or other agreements shall conform to the applicable
payment provisions of this Agreement, and shall not be awarded on the basis
of
cost plus a fee without the prior consent of the Owner.
ARTICLE 11 ACCOUNTING RECORDS
The
Contractor shall keep full and detailed accounts and exercise such controls
as
may be necessary for proper financial management under this Contract, and the
accounting and control systems shall be satisfactory to the Tenant and Owner.
The Owner, Tenant and their accountants shall be afforded access to, and shall
be permitted to audit and copy, the Contractor's records, books, correspondence,
instructions, drawings, receipts, subcontracts, purchase orders, vouchers,
memoranda and other data relating to this Contract, and the Contractor shall
preserve these for a period of three years after final payment, or for such
longer period as may be required by law. If the Owner or Tenant
chooses to audit the final contract amount, and if the audit results in a
discovery of overcharges by the Contractor in excess of 1% of the total
xxxxxxxx, then the Contractor shall pay for the cost of the audit.
ARTICLE 12 PAYMENTS
§ 12.1
PROGRESS PAYMENTS
§ 12.1.1
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.
§ 12.1.2
The period covered by each Application for Payment shall be
one
calendar month ending on the last day of the month.
§ 12.1.3
Provided that an Application for Payment is received by the
Architect not later than the 1st
day of a
month, the Owner shall make payment to the Contractor not later than the last
day of the same
month. If an Application for Payment is
received by the Architect after the application date fixed above, payment shall
be made by the Owner not later than thirty (30) days after the
Architect receives the Application for Payment.
§ 12.1.4
With each Application for Payment, the Contractor shall submit
payrolls, xxxxx cash accounts, receipted invoices or invoices with check
vouchers attached, and any other evidence required by the Owner or Architect
to
demonstrate that cash disbursements already made by the Contractor on account
of
the Cost of the Work equal or exceed (1) progress payments already received
by
the Contractor; less (2) that portion of those payments attributable to the
Contractor's Fee; plus (3) payrolls for the period covered by the present
Application for Payment.
§ 12.1.5
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 Guaranteed Maximum Price among
the various portions of the Work, except that the Contractor's Fee shall be
shown as a single separate item. The schedule of values shall be prepared in
such form and supported by such data to substantiate its accuracy as the
Architect may require. This schedule, unless objected to by
the Architect, shall be used as a basis for reviewing the
Contractor's Applications for Payment. The initial schedule of values
referred to in the Contract Documents shall be set forth in Exhibit “F”, Cost
Breakdown, attached hereto. Exhibit “F”, Cost Breakdown, shall be
amended by Change Order once the Phase 3 GMP has been determined.
§ 12.1.6
Applications for Payment shall show the percentage of completion
of each portion of the Work as of the end of the period covered by the
Application for Payment. The percentage of completion shall be the lesser of
(1)
the percentage of that portion of the Work which has actually been completed;
or
(2) the percentage obtained by dividing (a) the expense that has actually been
incurred by the Contractor on account of that portion of the Work for which
the
Contractor has made or intends to make actual payment prior to the next
Application for Payment by (b) the share of the Guaranteed Maximum Price
allocated to that portion of the Work in the schedule of values.
§ 12.1.7
Subject to other provisions of the Contract Documents, the
amount of each progress payment shall be computed as follows:
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take
that portion of the Guaranteed Maximum Price properly allocable to
completed Work as determined by multiplying the percentage of completion
of each portion of the Work by the share of the Guaranteed Maximum
Price
allocated to that portion of the Work in the schedule of values.
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;
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add
that portion of the Guaranteed Maximum Price properly allocable to
materials and equipment delivered and suitably stored at the site
for
subsequent incorporation in the Work, or if approved in advance by
the
Owner, suitably stored off the site at a location agreed upon in
writing;
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add
the Contractor's Fee, less retainage of five percent (5%). The
Contractor's Fee shall be computed upon the Cost of the Work described
in
the two preceding Clauses at the rate stated in Section 5.1.2 or,
if the
Contractor's Fee is stated as a fixed sum in that Subparagraph, shall
be
an amount that bears the same ratio to that fixed-sum fee as the
Cost of
the Work in the two preceding Clauses bears to a reasonable estimate
of
the probable Cost of the Work upon its
completion;
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subtract
the aggregate of previous payments made by the
Owner;
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subtract
the shortfall, if any, indicated by the Contractor in the documentation
required by Section 12.1.4 to substantiate prior Applications for
Payment,
or resulting from errors subsequently discovered by the Owner's
accountants in such documentation;
and
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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.
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§ 12.1.8
Except with the Owner's prior approval, payments for
subcontracted work shall be subject to retainage of not less
than ten percent (10%). The Owner
and the Contractor
shall agree upon a mutually acceptable procedure for review and approval of
payments and retention for Subcontractors. No retention shall be
withheld on Project General Conditions.
§ 12.1.9
In taking action on the Contractor's Applications for Payment,
the Architect shall be entitled to rely on the accuracy and completeness of
the
information furnished by the Contractor and shall not be deemed to represent
that the Architect has made a detailed examination, audit or arithmetic
verification of the documentation submitted in accordance with Section 12.1.4
or
other supporting data; that the Architect has made exhaustive or continuous
on-site inspections or that the Architect has made examinations to ascertain
how
or for what purposes the Contractor has used amounts previously paid on account
of the Contract. Such examinations, audits and verifications, if required by
the
Owner, will be performed by the Owner's accountants acting in the sole interest
of the Owner.
§ 12.2
FINAL PAYMENT
§ 12.2.1
Final payment, constituting the entire unpaid balance of the
Contract Sum, shall be made by the Owner to the Contractor when:
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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 final payment; and
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a
final Certificate for Payment has been issued by the
Architect.
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§ 12.2.2
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:
§ 12.2.3
The Tenant's accountants will review and report in writing
on
the Contractor's final accounting within 30 days after delivery of the final
accounting to the Architect by the Contractor. Based upon such Cost of the
Work
as the Tenant's accountants report to be substantiated by the Contractor's
final
accounting, and provided the other conditions of Section 12.2.1 have been met,
the Architect will, within ten (10) days after receipt of the written
report of the Tenant's accountants, either issue to the Tenant a final
Certificate for Payment with a copy to the Contractor, or notify the
Contractor and Tenant in writing of the Architect's reasons for withholding
a
certificate as provided in Section 9.5.1 of the AIA Document A201-1997. The
time
periods stated in this Section 12.2.3 supersede those stated in Section 9.4.1
of
the AIA Document A201-1997.
§ 12.2.4
If the Owner's accountants report the Cost of the Work as
substantiated by the Contractor's final accounting to be less than claimed
by
the Contractor, the Contractor shall be entitled to demand arbitration of the
disputed amount without a further decision of the Architect. Such demand for
arbitration shall be made by the Contractor within 30 days after the
Contractor's receipt of a copy of the Architect's final Certificate for Payment;
failure to demand arbitration within this 30-day period shall result in the
substantiated amount reported by the Owner's accountants becoming binding on
the
Contractor. Pending a final resolution by arbitration, the Owner shall pay
the
Contractor the amount certified in the Architect's final Certificate for
Payment.
§ 12.2.5
If, subsequent to final payment and at the Owner's request,
the
Contractor incurs costs described in Article 7 and not excluded by Article
8 to
correct defective or nonconforming Work, the Owner shall reimburse the
Contractor such costs and the Contractor's Fee applicable thereto on the same
basis as if such costs had been incurred prior to final payment, but not in
excess of the Guaranteed Maximum Price. If the Contractor has participated
in
savings as provided in Section 5.2, the amount of such savings shall be
recalculated and appropriate credit given to the Owner in determining the net
amount to be paid by the Owner to the Contractor.
ARTICLE 13 TERMINATION OR SUSPENSION
§ 13.1
The Contract may be terminated by the Contractor, or by the Owner for
convenience, as provided in Article 14 of AIA Document
A201-1997. However, the amount to be paid to the Contractor under
Section 14.1.3 of AIA Document A201-1997 shall not exceed the amount the
Contractor would be entitled to receive under Section 13.2 below, except that
the Contractor's Fee shall be calculated as if the Work had been fully completed
by the Contractor, including a reasonable estimate of the Cost of the Work
for
Work not actually completed.
§ 13.2
The Contract may be terminated by the Owner for cause as
provided in Article 14 of AIA Document A201-1997. The amount, if any, to be
paid
to the Contractor under Section 14.2.4 of AIA Document A201-1997 shall not
cause
the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount
calculated as follows:
§ 13.2.1
Take the Cost of the Work incurred by the Contractor to the
date
of termination;
§ 13.2.2
Add the Contractor's Fee computed upon the Cost of the Work
to
the date of termination at the rate stated in Section 5.1.2 or, if the
Contractor's Fee is stated as a fixed sum in that Section, an amount that bears
the same ratio to that fixed-sum Fee as the Cost of the Work at the time of
termination bears to a reasonable estimate of the probable Cost of the Work
upon
its completion; and
§ 13.2.3
Subtract the aggregate of previous payments made by the
Owner.
§ 13.3
The Owner shall also pay the Contractor fair compensation, either by purchase
or
rental at the election of the Owner, for any equipment owned by the Contractor
that the Owner elects to retain and that is not otherwise included in the Cost
of the Work under Section 13.2.1. To the extent that the Owner elects to take
legal assignment of subcontracts and purchase orders (including rental
agreements), the Contractor shall, as a condition of receiving the payments
referred to in this Article 13, execute and deliver all such papers and take
all
such steps, including the legal assignment of such subcontracts and other
contractual rights of the Contractor, as the Owner may require for the purpose
of fully vesting in the Owner the rights and benefits of the Contractor under
such subcontracts or purchase orders.
§ 13.4
The Work may be suspended by the Owner as provided in Article
14
of AIA Document A201-1997; in such case, the Guaranteed Maximum Price and
applicable Contract Time(s) shall be increased as provided in Section 14.3.2
of
AIA Document A201-1997 except that the term "profit" shall be understood to
mean
the Contractor's Fee as described in Sections 5.1.2 and Section 6.4 of this
Agreement.
ARTICLE 14 MISCELLANEOUS PROVISIONS
§ 14.1
Where reference is made in this Agreement to a provision AIA
Document A201-1997 or another Contract Document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract
Documents.
§ 14.2
Payments due and unpaid under the Contract shall bear interest
from the date payment is due at the rate stated below, or in the absence
thereof, at the legal rate prevailing from time to time at the place where
the
Project is located.
(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.)
§ 14.3
The Owner's representative is: See Exhibit “D” attached
hereto.
§ 14.4
The Contractor's representative is: Xxxx Xxxx
§ 14.5
Neither the Owner's nor the Contractor's representative shall be changed without
ten days' written notice to the other party.
§ 14.6
Other provisions:
ARTICLE 15 ENUMERATION OF CONTRACT DOCUMENTS
§ 15.1
The Contract Documents, except for Modifications issued after
full execution of this Agreement, are enumerated as follows:
§ 15.1.1
The Agreement is this executed 1997 edition of the Standard
Form
of Agreement Between Owner and Contractor, AIA Document A111-1997.
§ 15.1.2
The General Conditions are the 1997 edition of the General
Conditions of the Contract for Construction, AIA Document A201-1997 modified
and
attached hereto as Exhibit “A”.
§ 15.1.3
The Supplementary and other Conditions of the Contract, if
applicable, are those contained within the Contract Documents (including the
Supplementary Conditions appended to the end of the General Conditions of the
Contract for Construction attached hereto as Exhibit “A”
§ 15.1.4
The Specifications for Phase 1 of the Work are those contained
within (i) the Project Manual - Nevada Power South District Operations Center
-
Tenant Improvements, dated January 22, 2007 and (ii) the Contract Documents
listed in Exhibit “E-1”, List of Phase 1 Documents, attached
hereto. The Specifications for Phase 2 of the Work are those
contained within (i) the Project Manual - Nevada Power South District Operations
Center - Site Improvements, dated May 25, 2007, and (ii) the Contract Documents
listed in Exhibit “E-2”, List of Phase 2 Documents, attached to this
Agreement. The Specifications for Phase 3 of the Work are those
contained within (i) the Project Manual - Nevada Power System Control Room
dated
October 30, 2006, and (ii) the Contract Documents to be listed in Exhibit “E-3,”
List of Phase 3 Documents, to be incorporated into this Agreement. As
of the date of this Agreement, Exhibit “E-2” lists the current Drawings for the
Phase 2 Work. Once final Drawings for the Phase 2 Work have been
determined, Exhibit “E-2” shall be amended by the parties, who shall proceed
expeditiously and in good faith to execute a Change Order incorporating the
revised Exhibit “E-2” into this Agreement. Once final Drawings for
the Phase 3 Work have been determined, Exhibit “E-3” shall be completed by the
parties, and the parties shall proceed expeditiously and in good faith to
execute a Change Order setting forth the amount of the Phase 3 GMP, determined
as provided in §5.2.1, and incorporating Exhibit “E-3” into this
Agreement.
§ 15.1.5
The Drawings are set forth, or shall be set forth, in Exhibits
“E-1”,
“E-2”
and
“E-3”
hereto.
§ 15.1.6
The Addenda, if any, are set forth, or shall be set forth in
Exhibits “E-1”, “E-2”, and “E-3” hereto
Portions
of Addenda relating to bidding requirements are not part of the Contract
Documents unless the bidding requirements are also enumerated in this Article
15.
§ 15.1.7
Other Documents, if any, forming part of the Contract Documents
are as follows:
Exhibit
“B” - Cost of the Work
Exhibit
“C” – Insurance and Bonds
Exhibit
“D” – Special Provisions
Exhibit
“E-1” - List of Phase 1 Documents
Exhibit
“E-2” - List of Phase 2 Documents
Exhibit
“E-3” - List of Phase 3 Documents
Exhibit
“F” – Cost Breakdown
Exhibit
“G” – Project General Conditions
ARTICLE 16 INSURANCE AND BONDS
See
Exhibit “C”, Insurance and Bonds, attached hereto.
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
Contract, one to the Owner and one to the Tenant.
OWNER: CONTRACTOR: NV
Lic. Xx. 00000
XXXXXXX
XXXXXXXX XXXX WAREHOUSE NO.
2, COMMERCE
CONSTRUCTION CO., L.P.
|
LLC,
a Nevada limited liability company
|
By: Commerce
C & R, Inc., Its
General Partner
|
By: MAJESTIC
BELTWAY WAREHOUSE BUILDINGS, By:
________________________________
LLC,
a Delaware limited liability company, its
Manager
Xxxx X. Xxxxxxxxx
President
By:
MAJESTIC REALTY CO., a California corporation,
Manager’s
Agent By:
________________________________
Xxxxxxx
X. Xxxx Vice President
By:_____________________________________
Name:
__________________________________
Its:_____________________________________
By:
____________________________________
Name:
________________________________
Its:_____________________________________
By:
XXXXXX & XXXX BELTWAY, L.L.C,
a
Nevada limited liability company, its Manager
By: _________________________
Name:
Xxxxxx X. Xxxxxx
Its: Manager
TENANT:
NEVADA
POWER COMPANY, a Nevada corporation
By: ______________________
Xxxxxxx
X. Xxxx, Corporate Senior Vice President, Administration
Exhibit
“A”
for
the following PROJECT:
(Name
and location or address):
0000
Xxxxxxx Xxxx
Xxx
Xxxxx, XX
00000 Job
#1914
THE
OWNER:
(Name
and address):
c/o
Majestic Realty Co.
13191
Crossroads Pkwy., X. 0xx
Xxxxx
Xxxx
xx Xxxxxxxx, XX 00000
THE
ARCHITECT:
(Name
and address):
0000
Xxxx
Xxxxx, Xxxxx 000
Xxx
Xxxxx, XX 00000
|
|
TABLE
OF ARTICLES
|
|
1
|
GENERAL
PROVISIONS
|
|
2
|
OWNER
|
|
3
|
CONTRACTOR
|
|
4
|
ADMINISTRATION
OF THE CONTRACT
|
|
5
|
SUBCONTRACTORS
|
|
6
|
CONSTRUCTION
BY OWNER OR BY SEPARATE
CONTRACTORS
|
|
7
|
CHANGES
IN THE WORK
|
|
8
|
TIME
|
|
9
|
PAYMENTS
AND COMPLETION
|
|
10
|
PROTECTION
OF PERSONS AND PROPERTY
|
|
11
|
INSURANCE
AND BONDS
|
|
12
|
UNCOVERING
AND CORRECTION OF WORK
|
|
13
|
MISCELLANEOUS
PROVISIONS
|
|
14
|
TERMINATION
OR SUSPENSION OF THE
CONTRACT
|
INDEX
(Numbers
and Topics in Bold are Section Headings)
Acceptance
of Nonconforming Work
9.6.6,
9.9.3, 12.3
Acceptance
of Work
9.6.6,
9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3
Access
to Work
3.16,
6.2.1, 12.1
Accident
Prevention
4.2.3,
10
Acts
and
Omissions
3.2,
3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.8, 4.4.1, 8.3.1, 9.5.1, 10.2.5, 13.4.2, 13.7,
14.1
Addenda
1.1.1,
3.11
Additional
Costs, Claims for
4.3.4,
4.3.5, 4.3.6, 6.1.1, 10.3
Additional
Inspections and Testing
9.8.3,
12.2.1, 13.5
Additional
Time, Claims for
4.3.4,
4.3.7, 8.3.2
ADMINISTRATION
OF THE CONTRACT
3.1.3,
4, 9.4, 9.5
Advertisement
or Invitation to Bid
1.1.1
Aesthetic
Effect
4.2.13,
4.5.1
Allowances
3.8
All-risk
Insurance
11.4.1.1
Applications
for Payment
4.2.5,
7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10, 11.1.3,
14.2.4, 14.4.3
Approvals
2.4,
3.1.3, 3.5, 3.10.2, 3.12, 4.2.7, 9.3.2, 13.4.2, 13.5
Arbitration
4.3.3,
4.4, 4.5.1, 4.5.2, 4.6, 8.3.1, 9.7.1, 11.4.9,
11.4.10
Architect
4.1
Architect,
Definition of
4.1.1
Architect,
Extent of Authority
2.4,
3.12.7, 4.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5,
9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2,
14.2.4
Architect,
Limitations of Authority and Responsibility
2.1.1,
3.3.3, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7,
4.2.10, 4.2.12, 4.2.13, 4.4, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6
Architect's
Additional Services and Expenses
2.4,
11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4
Architect's
Administration of the Contract
3.1.3,
4.2, 4.3.4, 4.4, 9.4, 9.5
Architect's
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
4.2.6,
4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6,
7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2,
14.2.4
Architect's
Inspections
4.2.2,
4.2.9, 4.3.4, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5
Architect's
Instructions
3.2.3,
3.3.1, 4.2.6, 4.2.7, 4.2.8, 7.4.1, 12.1, 13.5.2
Architect's
Interpretations
4.2.11,
4.2.12, 4.3.6
Architect's
Project 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
Architect's
Relationship with Subcontractors
1.1.2,
4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.4.7
Architect's
Representations
9.4.2,
9.5.1, 9.10.1
Architect's
Site Visits
4.2.2,
4.2.5, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Asbestos
10.3.1
Attorneys'
Fees
3.18.1,
9.10.2, 10.3.3
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
Bonds,
Lien
9.10.2
Bonds,
Performance, and Payment
7.3.6.4,
9.6.7, 9.10.3, 11.4.9, 11.5
Building
Permit
3.7.1
Capitalization
1.3
Certificate
of Substantial Completion
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
Certificates
of Insurance
9.10.2,
11.1.3
Change
Orders
1.1.1,
2.4.1, 3.4.2, 3.8.2.3, 3.11.1, 3.12.8, 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, 13.7,
14.1.2
COMPLETION,
PAYMENTS AND
9
Completion,
Substantial
4.2.9,
8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 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 Furnished and Use of
1.6,
2.2.5, 5.3
Contract
Documents, Definition of
1.1.1
Contract
Sum
3.8,
4.3.4, 4.3.5, 4.4.5, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4,
9.6.7, 9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2
Contract
Sum, Definition of
9.1
Contract
Time
4.3.4,
4.3.7, 4.4.5, 5.2.3, 7.2.1.3, 7.3, 7.4, 8.1.1, 8.2, 8.3.1, 9.5.1, 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
Contractor's
Construction Schedules
1.4.1.2,
3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3
Contractor's
Employees
3.3.2,
3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.4.7, 14.1,
14.2.1.1,
Contractor's
Liability Insurance
11.1
Contractor's
Relationship with Separate Contractors and Owner's Forces
3.12.5,
3.14.2, 4.2.4, 6, 11.4.7, 12.1.2, 12.2.4
Contractor's
Relationship with Subcontractors
1.2.2,
3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.4.1.2, 11.4.7,
11.4.8
Contractor's
Relationship with the Architect
1.1.2,
1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3, 3.10, 3.11,
3.12,
3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1, 4.4.7, 5.2, 6.2.2, 7,
8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 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, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7,
7.3.8, 9.10.2, 10.3.2, 10.5, 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, 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
Decisions
to Withhold Certification
9.4.1,
9.5, 9.7, 14.1.1.3
Defective
or Nonconforming Work, Acceptance, Rejection and Correction of
2.3,
2.4,
3.5.1, 4.2.6, 6.2.5, 9.5.1, 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, 8.1, 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, 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 Site
3.11
Drawings,
Definition of
1.1.5
Drawings
and Specifications, Use and Ownership of
1.1.1,
1.3, 2.2.5, 3.11, 5.3
Effective
Date of Insurance
8.2.2,
11.1.2
Emergencies
4.3.5,
10.6, 14.1.1.2
Employees,
Contractor's
3.3.2,
3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.4.7, 14.1,
14.2.1.1
Equipment,
Labor, Materials and
1.1.3,
1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 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
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, 14.3.2
Failure
of Payment
4.3.6,
9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6
Faulty
Work
(See
Defective or Nonconforming Work)
Final
Completion and Final Payment
4.2.1,
4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5,
12.3.1, 13.7, 14.2.4, 14.4.3
Financial
Arrangements, Owner's
2.2.1,
13.2.2, 14.1.1.5
Fire
and
Extended Coverage Insurance
11.4
GENERAL
PROVISIONS
1
Governing
Law
13.1
Guarantees
(See Warranty)
Hazardous
Materials
10.2.4,
10.3, 10.5
Identification
of Contract Documents
1.5.1
Identification
of Subcontractors and Suppliers
5.2.1
Indemnification
3.17,
3.18, 9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7
Information
and Services Required of the Owner
2.1.2,
2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5,
9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2,
14.1.1.4, 14.1.4
Injury
or Damage to Person or Property
4.3.8,
10.2, 10.6
Inspections
3.1.3,
3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1,
13.5
Instructions
to Bidders
1.1.1
Instructions
to the Contractor
3.2.3,
3.3.1, 3.8.1, 4.2.8, 5.2.1, 7, 12, 8.2.2, 13.5.2
Insurance
3.18.1,
6.1.1, 7.3.6, 8.2.1, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 9.10.5,
11
Insurance,
Boiler and Machinery
11.4.2
Insurance,
Contractor's Liability
11.1
Insurance,
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
10.2.5,
11.4
Insurance,
Stored Materials
9.3.2,
11.4.1.4
INSURANCE
AND BONDS
11
Insurance
Companies, Consent to Partial Occupancy
9.9.1,
11.4.1.5
Insurance
Companies, Settlement with
11.4.10
Intent
of
the Contract Documents
1.2.1,
4.2.7, 4.2.12, 4.2.13, 7.4
Interest
13.6
Interpretation
1.2.3,
1.4, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4
Interpretations,
Written
4.2.11,
4.2.12, 4.3.6
Joinder
and Consolidation of Claims Required
4.6.4
Judgment
on Final Award
4.6.6
Labor
and Materials, Equipment
1.1.3,
1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 42.6,
4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1,
10.2.4, 14.2.1.2
Labor
Disputes
8.3.1
Laws
and
Regulations
1.6,
3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 9.9.1, 10.2.2,
11.1,
11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14
Liens
2.1.2,
4.4.8, 8.2.2, 9.3.3, 9.10
Limitation
on Consolidation or Joinder
4.6.4
Limitations,
Statutes of
4.6.3,
12.2.6, 13.7
Limitations
of Liability
2.3,
3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.10, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2,
9.4.2, 9.6.4, 9.6.7, 9.10.4, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7,
12.2.5, 13.4.2
Limitations
of Time
2.1.2,
2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 4.3, 4.4, 4.5,
4.6,
5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5,
9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5,
13.7,
14
Loss
of Use Insurance
11.4.3
Material
Suppliers
1.6,
3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5
Materials,
Hazardous
10.2.4,
10.3, 10.5
Materials,
Labor, Equipment and
1.1.3,
1.1.6, 1.6.1, 3.4, 3.5.1, 3.8.2, 3.8.23, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7,
5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4,
14.2.1.2
Means,
Methods, Techniques, Sequences and Procedures of Construction
3.3.1,
3.12.10, 4.2.2, 4.2.7, 9.4.2
Mechanic's
Lien
4.4.8
Mediation
4.4.1,
4.4.5, 4.4.6, 4.4.8, 4.5, 4.6.1, 4.6.2, 8.3.1,
10.5
Minor
Changes in the Work
1.1.1,
3.12.8, 4.2.8, 4.3.6, 7.1, 7.4
MISCELLANEOUS
PROVISIONS
13
Modifications,
Definition of
1.1.1
Modifications
to the Contract
1.1.1,
1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2,
11.4.1
Mutual
Responsibility
6.2
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,
14.1,
14.2
Notice,
Written
2.3,
2.4,
3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10,
10.2.2,
10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3,
14
Notice
of
Testing and Inspections
13.5.1,
13.5.2
Notice
to
Proceed
8.2.2
Notices,
Permits, Fees and
2.2.2,
3.7, 3.13, 7.3.6.4, 10.2.2
Observations,
Contractor's
1.5.2,
3.2, 3.7.3, 4.3.4
Occupancy
2.2.2,
9.6.6, 9.8, 11.4.1.5
Orders,
Written
1.1.1,
2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1
OWNER
2
Owner,
Definition of
2.1
Owner,
Information and Services Required of the
2.1.2,
2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5,
9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2,
14.1.1.4, 14.1.4
Owner's
Authority
1.6,
2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9,
4.3.6, 4.4.7, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2,
8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.1,
11.4.3, 11.4.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4
Owner's
Financial Capability
2.2.1,
13.2.2, 14.1.1.5
Owner's
Liability Insurance
11.2
Owner's
Loss of Use Insurance
11.4.3
Owner's
Relationship with Subcontractors
1.1.2,
5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2
Owner's
Right to Carry Out the Work
2.4,
12.2.4. 14.2.2.2
Owner's
Right to Clean Up
6.3
Owner's
Right to 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
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, 10.2.2,
11.1,
11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14
Rejection
of Work
3.5.1,
4.2.6, 12.2.1
Releases
and Waivers of Liens
9.10.2
Representations
1.5.2,
3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1
Representatives
2.1.1,
3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1
Resolution
of Claims and Disputes
4.4,
4.5, 4.6
Responsibility
for Those Performing the Work
3.3.2,
3.18, 4.2.3, 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
Contractor's Submittals by Owner and Architect
3.10.1,
3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2
Review
of
Shop Drawings, Product Data and Samples by Contractor
3.12
Rights
and Remedies
1.1.2,
2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.4, 4.5, 4.6, 5.3, 5.4, 6.1, 6.3, 7.3.1,
8.3,
9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4,
14
Royalties,
Patents and Copyrights
3.17
Rules
and
Notices for Arbitration
4.6.2
Safety
of Persons and Property
10.2,
10.6
Safety
Precautions and Programs
3.3.1,
4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.6
Samples,
Definition of
3.12.3
Samples,
Shop Drawings, Product Data and
3.11,
3.12, 4.2.7
Samples
at the Site, Documents and
3.11
Schedule
of Values
9.2,
9.3.1
Schedules,
1.4.1.2,
3.10, 3.Construction12.1, 3.12.2, 4.3.7.2, 6.1.3
Separate
Contracts and Contractors
1.1.4,
3.12.5, 3.14.2, 4.2.4, 4.2.7, 4.6.4, 6, 8.3.1, 11.4.7, 12.1.2,
12.2.5
Shop
Drawings, Definition of
3.12.1
Shop
Drawings, Product Data and Samples
3.11,
3.12, 4.2.7
Site,
Use of
3.13,
6.1.1, 6.2.1
Site
Inspections
1.2.2,
3.2.1, 3.3.3, 3.7.1, 4.2, 4.3.4, 9.4.2, 9.10.1, 13.5
Site
Visits, Architect's
4.2.2,
4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Special
Inspections and Testing
4.2.6,
12.2.1, 13.5
Specifications,
Definition of the
1.1.6
Specifications,
The
1.1.1,
1.1.6, 1.1.7, 1.2.2, 1.6, 3.11, 3.12.10, 3.17
Statute
of Limitations
4.6.3,
12.2.6, 13.7
Stopping
the Work
2.3,
4.3.6, 9.7, 10.3, 14.1
Stored
Materials
6.2.1,
9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4
Subcontractor,
Definition of
5.1.1
SUBCONTRACTORS
5
Subcontractors,
Work by
1.2.2,
3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7
Subcontractual
Relations
5.3,
5.4, 9.3.1.2, 9.6, 9.10 10.2.1, 11.4.7, 11.4.8, 14.1, 14.2.1,
14.3.2
Submittals
1.6,
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8, 9.9.1, 9.10.2,
9.10.3, 11.1.3
Subrogation,
Waivers of
6.1.1,
11.4.5, 11.4.7
Substantial
Completion
4.2.9,
8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 9.10.4.2, 12.2,
13.7
Substantial
Completion, Definition of
9.8.1
Substitution
of Subcontractors
5.2.3,
5.2.4
Substitution
of Architect
4.1.3
Substitutions
of Materials
3.4.2,
3.5.1, 7.3.7
Sub-subcontractor,
Definition of
5.1.2
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,
5.4.1.1, 11.4.9, 14
Taxes
3.6,
3.8.2.1, 7.3.6.4
Termination
by the Contractor
4.3.10,
14.1
Termination
by the Owner for Cause
4.3.10,
5.4.1.1, 14.2
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, 8.3,
9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2
Time
Limits
2.1.2,
2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 4.3, 4.4, 4.5, 4.6,
5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5,
9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2,
13.5, 13.7, 14
Time
Limits on Claims
4.3.2,
4.3.4, 4.3.8, 4.4, 4.5, 4.6
Title
to
Work
9.3.2,
9.3.3
UNCOVERING
AND CORRECTION OF WORK
12
Uncovering
of Work
12.1
Unforeseen
Conditions
4.3.4,
8.3.1, 10.3
Unit
Prices
4.3.9,
7.3.3.2
Use
of
Documents
1.1.1,
1.6, 2.2.5, 3.12.6, 5.3
Use
of Site
3.13,
6.1.1, 6.2.1
Values,
Schedule of
9.2,
9.3.1
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
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. Except as otherwise
expressly stated in the Contract Documents and as set forth in Exhibit “D” to
the Agreement, the Contract Documents shall not be construed to create a
contractual relationship of any kind (1) between the Architect and Contractor,
(2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between
the
Owner and Architect or (4) between any persons or entities other than the
Owner
and Contractor. At the Owner’s discretion, 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. The Work shall be completed in Phases as defined
and described in Exhibit “D” attached hereto.
§ 1.1.4
THE PROJECT
The
Project is the total construction of which the Work performed under the Contract
Documents may be the whole or a part and which may include construction by
the
Owner or by separate contractors.
§ 1.1.5
THE DRAWINGS
The
Drawings are the graphic and pictorial portions of the Contract Documents
showing the design, location and dimensions of the Work, generally including
plans, elevations, sections, details, schedules and diagrams.
§ 1.1.6
THE SPECIFICATIONS
The
Specifications are that portion of the Contract Documents consisting of the
written requirements for materials, equipment, systems, standards and
workmanship for the Work, and performance of related services.
§ 1.1.7
THE PROJECT MANUAL
The
Project Manual is a volume assembled for the Work which may include the bidding
requirements, sample forms, Conditions of the Contract and
Specifications.
§ 1.2
CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
§ 1.2.1
The intent of the Contract Documents is to include all items necessary for
the
proper execution and completion of the Work by the Contractor. The Contract
Documents are complementary, and what is required by one shall be as binding
as
if required by all; performance by the Contractor shall be required only
to the
extent consistent with the Contract Documents and reasonably inferable from
them
as being necessary to produce the indicated results.
§ 1.2.2
Organization of the Specifications into 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 or (3) the titles
of
other documents published by the American Institute of Architects.
§ 1.4
INTERPRETATION
§ 1.4.1
In the interest of brevity the Contract Documents frequently omit modifying
words such as "all" and "any" and articles such as "the" and "an," but the
fact
that a modifier or an article is absent from one statement and appears in
another is not intended to affect the interpretation of either
statement.
§ 1.5
EXECUTION OF CONTRACT DOCUMENTS
§ 1.5.1
The Contract Documents shall be signed by the Owner and Contractor. If either
the Owner or Contractor or both do not sign all the Contract Documents, the
Architect shall identify such unsigned Documents upon request.
§ 1.5.2
Execution of the Contract by the Contractor is a representation that the
Contractor has visited the site, become generally familiar with local conditions
under which the Work is to be performed and correlated personal observations
with requirements of the Contract Documents.
§ 1.6
OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
§ 1.6.1
The Drawings, Specifications and other documents, including those in electronic
form, prepared by the Architect and the Architect's consultants are Instruments
of 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 Instruments 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 to this Project outside the scope of the Work without the specific
written consent of the Owner, Architect and the Architect's consultants.
The
Contractor, Subcontractors, Sub-subcontractors and material or equipment
suppliers are authorized to use and reproduce applicable portions of the
Drawings, Specifications and other documents prepared by the Architect and
the
Architect's consultants appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this authorization
shall bear the statutory copyright notice, if any, shown on the Drawings,
Specifications and other documents prepared by the Architect and the Architect's
consultants. Submittal or distribution to meet official regulatory requirements
or for other purposes in connection with this Project is not to be construed
as
publication in derogation of the Architect's or Architect's consultants'
copyrights or other reserved rights.
ARTICLE 2 OWNER
§ 2.1
GENERAL
§ 2.1.1
The Owner is the person or entity identified as such in the Agreement and
is
referred to throughout the Contract Documents as if singular in number. The
Owner shall designate in writing a representative who shall have express
authority to bind the Owner with respect to all matters requiring the Owner's
approval or authorization. Except as otherwise provided in Section 4.2.1,
the
Architect does not have such authority. The term "Owner" means the Owner
or the
Owner's authorized representative.
§ 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 as the site, and the Owner's
interest therein.
§ 2.2
INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 2.2.1
The Owner shall, at the written request of the Contractor, prior to commencement
of the Work and thereafter, furnish to the Contractor reasonable evidence
that
financial arrangements have been made to fulfill the Owner's 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
furnished, the Owner shall not materially vary such financial arrangements
without prior notice to the Contractor.
§ 2.2.2
Except for permits and fees, including those required under Section 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 furnished 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 furnished by the Owner after receipt from the Contractor
of a
written request for such information or services.
§ 2.2.5
Unless otherwise provided in the Contract Documents, the Contractor will
be
furnished, free of charge, such copies of Drawings and Project Manuals as
are
reasonably necessary for execution of the Work.
§ 2.3
OWNER'S RIGHT TO STOP THE WORK
§ 2.3.1
If the Contractor fails to correct Work which is not in accordance with the
requirements of the Contract Documents as required by Section 12.2 or
persistently fails to carry out Work in accordance with the Contract Documents,
the Owner may issue a written order to the Contractor to stop the Work, or
any
portion thereof, until the cause for such order has been eliminated; however,
the right of the Owner to stop the Work shall not give rise to a duty on
the
part of the Owner to exercise this right for the benefit of the Contractor
or
any other person or entity, except to the extent required by Section
6.1.3.
§ 2.4
OWNER'S RIGHT TO CARRY OUT THE WORK
§ 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 correcting such deficiencies, including
Owner's expenses and compensation for the Architect's additional services
made
necessary by such default, neglect or failure. Such action by the Owner and
amounts charged to the Contractor are both subject to prior approval of the
Architect. If payments then or thereafter due the Contractor are not sufficient
to cover such amounts, the Contractor shall pay the difference to the
Owner.
ARTICLE 3 CONTRACTOR
§ 3.1
GENERAL
§ 3.1.1
The Contractor is the person or entity identified as such in the Agreement
and
is referred to throughout the Contract Documents as if singular in number.
The
term "Contractor" means the Contractor or the Contractor's authorized
representative.
§ 3.1.2
The Contractor shall perform the Work in accordance with the Contract
Documents.
§ 3.1.3
The Contractor shall not be relieved of 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 Section 2.2.3, shall take
field measurements of any existing conditions related to that portion of
the
Work and shall observe any conditions at the site affecting it. These
obligations are for the purpose of facilitating construction by the Contractor
and are not for the purpose of discovering errors, omissions, or inconsistencies
in the Contract Documents; however, any errors, inconsistencies or omissions
discovered by the Contractor shall be reported promptly to the Architect
and the
Owner as a request for information in such form as the Architect and Owner
may
require.
§ 3.2.2
Any design errors or omissions noted by the Contractor during this review
shall
be reported promptly to the Architect and the Owner, but it is recognized
that
the Contractor's review is made in the Contractor's capacity as a contractor
and
not as a licensed design professional unless the error or omissions is related
to the Contractor’s Design/Build scope of work, if any, or as 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 and the Owner. The contractor is required
to ascertain that any Design/Build contract documents, if any, are in accordance
with governing laws, statutes, ordinances, building codes, rules and
regulations.
§ 3.2.3
If the Contractor believes that additional cost or time is involved because
of
clarifications or instructions issued by the Owner or the Architect in response
to the Contractor's notices or requests for information pursuant to Sections
3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Sections
4.3.6
and 4.3.7. If the Contractor fails to perform the obligations of Sections
3.2.1
and 3.2.2, the Contractor shall pay such costs and damages to the Owner as
would
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 and the
Owner.
§ 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 instructions from the Architect.
If
the Contractor is then instructed to proceed with the required means, methods,
techniques, sequences or procedures without acceptance of changes proposed
by
the Contractor, the Owner shall be solely responsible for any resulting loss
or
damage.
§ 3.3.2
The Contractor shall be responsible to the Owner for acts and omissions of
the
Contractor's employees, Subcontractors and their agents and employees, and
other
persons or entities performing portions of the Work for or on behalf of the
Contractor or any of its Subcontractors.
§ 3.3.3
The Contractor shall be responsible for inspection of portions of Work already
performed to 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 Owner 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 furnish 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.
§ 3.7
PERMITS, FEES AND NOTICES
§ 3.7.1
Unless otherwise provided in the Contract Documents, the Contractor shall
secure
and pay for the building permit and other permits and governmental fees,
licenses and inspections necessary for proper execution and completion of
the
Work which are customarily secured after execution of the Contract and which
are
legally required when bids are received or negotiations concluded.
§ 3.7.2
The Contractor shall comply with and give notices required by laws, ordinances,
rules, regulations and lawful orders of public authorities applicable to
performance of the Work.
§ 3.7.3
It is not the Contractor's responsibility to ascertain that the Contract
Documents are in accordance with applicable laws, statutes, ordinances, building
codes, and rules and regulations. However, if the Contractor 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. It is the
Contractor’s responsibility to ascertain that the Contract Documents for all
Design/Build portions of the work, if any, are in accordance with all applicable
building codes, statutes and ordinances.
§ 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:
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allowances
shall cover the cost to the Contractor of materials and equipment
delivered at the site and all required taxes, less applicable trade
discounts;
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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 and in the
allowances;
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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
Section 3.8.2.1 and (2) changes in Contractor's costs under Section
3.8.2.2.
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§ 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.
§ 3.10
CONTRACTOR'S CONSTRUCTION SCHEDULES
§ 3.10.1
The Contractor, promptly after being awarded the Contract, shall prepare
and
submit for the Owner's and Architect's information a Contractor's construction
schedule for Phase 1 of the Work. The Contractor, promptly after its receipt
of
final Drawings and Specifications for each of Phase 2 and Phase 3, shall
prepare
and submit for the Owner’s and Architect’s information Contractor’s construction
schedule for each such Phase of the Work. Each schedule
shall not exceed time limits current under the Contract Documents, shall
be
revised at appropriate intervals as required by the conditions of the Work
and
Project, shall be related to the entire applicable Phase of the Work to be
completed at the 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 applicable
construction schedule and allows the Architect reasonable time to review
submittals.
§ 3.10.3
The Contractor shall perform each Phase of the Work in general accordance
with
the most recent applicable 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.
§ 3.12.2
Product Data are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by the
Contractor to illustrate materials or equipment for some portion of the
Work.
§ 3.12.3
Samples are physical examples which illustrate materials, equipment or
workmanship and establish standards by which the Work will be
judged.
§ 3.12.4
Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions
of the Work for which submittals are required by the Contract Documents the
way
by which the Contractor proposes to conform to the information given and
the
design concept expressed in the Contract Documents. Review by the Architect
is
subject to the limitations of Section 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 materials, field measurements and field construction criteria related
thereto, or will do so, and has checked and coordinated the information
contained within such submittals with the requirements of the Work and of
the
Contract Documents.
§ 3.12.7
The Contractor shall perform no portion of the Work for which the Contract
Documents require submittal and review of Shop Drawings, Product Data, Samples
or similar submittals until the respective submittal has been approved by
the
Architect.
§ 3.12.8
The Work shall be in accordance with approved submittals except that the
Contractor shall not be relieved of responsibility for deviations from
requirements of the Contract Documents by the Architect's approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor
has
specifically informed the Architect in writing of such 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.
§ 3.12.9
The Contractor shall direct specific attention, in writing or on resubmitted
Shop Drawings, Product Data, Samples or similar submittals, to revisions
other
than those requested by the Architect on previous submittals. In the absence
of
such written notice the Architect's approval of a resubmission shall not
apply
to such revisions.
§ 3.12.10
Except for the Design/Build portion of the work, if any, the Contractor shall
not be required to provide professional services which constitute the practice
of architecture or engineering unless such services are specifically required
by
the Contract Documents for a portion of the Work or unless the Contractor
needs
to provide such services in order to carry out the Contractor's responsibilities
for construction means, methods, techniques, sequences and procedures. The
Contractor shall not be required to provide professional services in violation
of applicable law. If professional design services or certifications by a
design
professional related to systems, materials or equipment are specifically
required of the Contractor by the Contract Documents, the Owner and the
Architect will specify all performance and design criteria that such services
must satisfy. The Contractor shall cause such services or certifications
to be
provided by a properly licensed design professional, whose signature and
seal
shall appear on all drawings, calculations, specifications, certifications,
Shop
Drawings and other submittals prepared by such professional. Shop Drawings
and
other submittals related to the Work designed or certified by such professional,
if prepared by others, shall bear such professional's written approval when
submitted to the Architect. The Owner and the Architect shall be entitled
to
rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided
the
Owner and Architect have specified to the Contractor all performance and
design
criteria that such services must satisfy. Pursuant to this Section 3.12.10,
the
Architect will review, approve or take other appropriate action on submittals
only for the limited purpose of checking for conformance with information
given
and the design concept expressed in the Contract Documents. The Contractor
shall
not be responsible for the adequacy of the performance or design criteria
required by the Contract Documents.
§ 3.13
USE OF SITE
§ 3.13.1
The Contractor shall confine operations at the site to areas permitted by
law,
ordinances, permits and the Contract Documents and shall not unreasonably
encumber the site with materials or equipment.
§ 3.14
CUTTING AND PATCHING
§ 3.14.1
The Contractor shall be responsible for cutting, fitting or patching required
to
complete the Work or to make its parts fit together properly.
§ 3.14.2
The Contractor shall not damage or endanger a portion of the Work or fully
or
partially completed construction of the Owner or separate contractors by
cutting, patching or otherwise altering such construction, or by excavation.
The
Contractor shall not cut or otherwise alter such construction by the Owner
or a
separate contractor except with written consent of the Owner and of such
separate contractor; such consent shall not be unreasonably withheld. The
Contractor shall not unreasonably withhold from the Owner or a separate
contractor the Contractor's consent to cutting or otherwise altering the
Work.
§ 3.15
CLEANING UP
§ 3.15.1
The Contractor shall keep the premises and surrounding area free from
accumulation of waste materials or rubbish caused by operations under the
Contract. At completion of the Work, the Contractor shall remove from and
about
the Project waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
§ 3.15.2
If the Contractor fails to clean up as 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.
§ 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 by law 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 Section 11.3, the Contractor
shall indemnify and hold harmless the Owner, Tenant, Architect, Architect's
consultants, and agents and employees of any of them from and against claims,
damages, losses and expenses, including but not limited to attorneys' fees,
arising out of or resulting from performance of the Work, provided that such
claim, damage, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other
than the Work itself), but only to the extent caused by the negligent acts
or
omissions of the Contractor, a Subcontractor, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, regardless
of
whether or not such claim, damage, loss or expense is caused in part by a
party
indemnified hereunder. Such obligation shall not be construed to negate,
abridge, or reduce other rights or obligations of indemnity which would
otherwise exist as to a party or person described in this Section
3.18.
§ 3.18.2
In claims against any person or entity indemnified under this Section 3.18
by an
employee of the Contractor, a Subcontractor, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, the
indemnification obligation under Section 3.18.1 shall not be limited by a
limitation on amount or type of damages, compensation or benefits payable
by or
for the Contractor or a Subcontractor under workers' compensation acts,
disability benefit acts or other employee benefit acts.
ARTICLE 4 ADMINISTRATION OF THE CONTRACT
§ 4.1
ARCHITECT
§ 4.1.1
The Architect is the person lawfully licensed to practice architecture or
an
entity lawfully practicing architecture identified as such in the Agreement
and
is referred to throughout the Contract Documents as if singular in number.
The
term "Architect" means the Architect or the Architect's authorized
representative.
§ 4.1.2 Duties,
responsibilities and limitations of authority of the Architect as set forth
in
the Contract Documents shall not be restricted, modified or extended without
written consent of the Owner, Contractor and Architect. Consent shall not
be
unreasonably withheld.
§ 4.1.3 If
the employment of the Architect is terminated, the Tenant 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 Tenant's
concurrence, from time to time during each one-year period for
correction of Work performed for a Phase described in Section 12.2. The
Architect will have authority to act on behalf of the Owner only to the extent
provided in the Contract Documents, unless otherwise modified in writing
in
accordance with other provisions of the Contract.
§ 4.2.2
The Architect, as a representative of the Owner, will attend regularly scheduled
project meetings and 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 Section 3.3.1.
§ 4.2.3
The Architect will not be responsible for the Contractor's failure to perform
the Work in accordance with the requirements of the Contract Documents. The
Architect will not have control over or charge of and will not be responsible
for acts or omissions of the Contractor, Subcontractors, or their agents
or
employees, or any other persons or entities performing portions of the
Work.
§ 4.2.4
Communications Facilitating Contract Administration. Except as
otherwise provided in the Contract Documents or when direct communications
have
been specially authorized, the Owner and Contractor shall endeavor to
communicate with each other through the Architect about matters arising out
of
or relating to the Contract. Communications by and with the Architect's
consultants shall be through the Architect. Communications by and with
Subcontractors and material suppliers shall be through the Contractor.
Communications by and with separate contractors shall be through the
Owner.
§ 4.2.5
Based on the Architect's 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 Sections 13.5.2 and 13.5.3, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the
Architect nor a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the
Architect to the Contractor, Subcontractors, material and equipment suppliers,
their agents or employees, or other persons or entities performing portions
of
the Work.
§ 4.2.7
The Architect will 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 Contractor's submittals shall not relieve the Contractor of the
obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall
not
constitute approval of safety precautions or, unless otherwise specifically
stated by the Architect, of any construction means, methods, techniques,
sequences or procedures. The Architect's approval of a specific item shall
not
indicate approval of an assembly of which the item is a component.
§ 4.2.8
The Architect will prepare Architects Supplemental Information (ASI) documents
or Construction Change Directives, and may authorize minor changes in the
Work
as provided in Section 7.4 with the written approval of the Owner.
§ 4.2.9
The Architect will conduct inspections to determine the date or dates of
Substantial Completion and the date of final completion for each Phase of
the
Work, 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.
§ 4.2.11
The Architect will interpret and decide matters concerning performance under
and
requirements of, the Contract Documents on written request of either the
Owner
or Contractor. The Architect's response to such requests will be made in
writing
within any time limits agreed upon or otherwise with reasonable
promptness..
§ 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 parties
seeking, as a matter of right, adjustment or interpretation of Contract terms,
payment of money, extension of time or other relief with respect to the terms
of
the Contract. The term "Claim" also includes other disputes and matters in
question between the Owner and Contractor arising out of or relating to the
Contract. Claims must be initiated by written notice. The responsibility
to
substantiate Claims shall rest with the party making the Claim.
§ 4.3.2
Time Limits on Claims. Claims by either party must be initiated within 21
days
after occurrence of the event 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 Section 9.7.1 and Article 14,
the
Contractor shall proceed diligently with performance of the Contract and
the
Owner shall continue to make payments in accordance with the Contract
Documents.
§ 4.3.4
Claims for Concealed or Unknown Conditions. If conditions are encountered
at the
site which are (1) subsurface or otherwise concealed physical conditions
which
differ materially from those indicated in the Contract Documents or (2) unknown
physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction
activities of the character 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 applicable
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 applicable Contract
Time shall be equitably adjusted, but if the Owner and Contractor cannot
agree
on an adjustment in the Contract Sum or applicable Contract Time, the adjustment
shall be referred to the Architect for initial determination, subject to
further
proceedings pursuant to Section 4.4.
§ 4.3.5
Claims for Additional Cost. If the Contractor wishes to make Claim
for an increase in the Contract Sum, written notice as provided herein shall
be
given before proceeding to execute the Work. Prior notice is not required
for
Claims relating to an emergency endangering life or property arising under
Section 10.6.
§ 4.3.6
If the Contractor 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 Section 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 applicable
Contract Time, written notice as provided herein shall be given. The
Contractor's Claim shall include an estimate of cost and of probable effect
of
delay on progress of the Work. In the case of a continuing delay only one
Claim
is necessary.
§ 4.3.7.2
If adverse weather conditions are the basis for a Claim for additional time,
such Claim shall be documented by data substantiating that weather conditions
were abnormal for the period of time, could not have been reasonably anticipated
and had an adverse effect on the scheduled construction.
§ 4.3.8
Injury or Damage to Person or Property. If either party to the
Contract suffers injury or damage to person or property because of an act
or
omission of the other party, or of others for whose acts such party is legally
responsible, written notice of such injury or damage, whether or not insured,
shall be given to the 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.
§ 4.3.10
Claims for Consequential Damages. The Contractor and Owner waive
Claims against each other for consequential damages arising out of or relating
to this Contract. This mutual waiver includes:
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damages
incurred by the Owner for rental expenses, for losses of use, income,
profit, financing, business and reputation, and for loss of management
or
employee productivity or of the services of such persons;
and
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damages
incurred by the Contractor for principal office expenses including
the
compensation of personnel stationed there, for losses of financing,
business and reputation, and for loss of profit except anticipated
profit
arising directly from the Work.
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This
mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination in accordance with Article 14. Nothing
contained in this Section 4.3.10 shall be deemed to preclude an award of
liquidated direct damages, when applicable, in accordance with the requirements
of the Contract Documents.
§ 4.4
RESOLUTION OF CLAIMS AND DISPUTES
§ 4.4.1
Decision of Architect. Claims, including those alleging an error or
omission by the Architect but excluding those arising under Sections 10.3
through 10.5, shall be referred initially to the Architect for decision.
An
initial decision by the Architect shall be required as a condition precedent
to
mediation, arbitration or litigation of all Claims between the Contractor
and
Owner arising prior to the date final payment is due, unless 30 days have
passed
after the Claim has been referred to the Architect with no decision having
been
rendered by the Architect. The Architect will not decide disputes between
the
Contractor and persons or entities other than the Owner.
§ 4.4.2
The Architect will review Claims and within ten days of the receipt of the
Claim
take one or more of the following actions: (1) request additional supporting
data from the claimant or a response with supporting data from the other
party,
(2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest
a
compromise, or (5) 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 party to provide a response to a Claim or to
furnish
additional supporting data, such party shall respond, within ten days after
receipt of such request, and shall either provide a response on the requested
supporting data, advise the Architect when the response or supporting data
will
be furnished or advise the Architect that no supporting data will be furnished.
Upon receipt of the response or supporting data, if any, the Architect will
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 applicable 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.
§ 4.4.7
Upon receipt of a Claim against the Contractor or at any time thereafter,
the
Architect or the Owner may, but is not obligated to, notify the surety, if
any,
of the nature and amount of the Claim. If the Claim relates to a possibility
of
a Contractor's default, the Architect or the Owner may, but is not obligated
to,
notify the surety and request the surety's assistance in resolving the
controversy.
§ 4.4.8
If a Claim relates to or is the subject of a mechanic's lien, the party
asserting such Claim may proceed in accordance with applicable law to comply
with the lien notice or filing deadlines prior to resolution of the Claim
by the
Architect, by mediation or by arbitration.
§ 4.5
MEDIATION
See
Mediation and Arbitration within Exhibit D, Special Provisions.
§ 4.6
ARBITRATION
See
Mediation and Arbitration within Exhibit D, Special Provisions.
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 applicable Contract Time shall be increased or decreased by the difference,
if any, occasioned by such change, and an appropriate Change Order shall
be
issued before commencement of the substitute Subcontractor's Work. However,
no
increase in such 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 will not
prejudice such rights, and shall allow to the Subcontractor, unless specifically
provided otherwise in the subcontract agreement, the benefit of all rights,
remedies and redress against the Contractor that the Contractor, by the Contract
Documents, has against the Owner. Where appropriate, the Contractor shall
require each Subcontractor to enter into similar agreements with
Sub-subcontractors. The Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract agreement, copies
of
the Contract Documents to which the Subcontractor will be bound, and, upon
written request of the Subcontractor, identify to the Subcontractor terms
and
conditions of the proposed subcontract agreement which may be at variance
with
the Contract Documents. Subcontractors will similarly make copies of applicable
portions of such documents available to their respective proposed
Sub-subcontractors.
§ 5.4
CONTINGENT ASSIGNMENT OF SUBCONTRACTS
§ 5.4.1
Each subcontract agreement for a portion of the Work is assigned by the
Contractor to the Owner provided that:
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assignment
is effective only after termination of the Contract by the Owner
for cause
pursuant to Section 14.2 and only for those subcontract agreements
which
the Owner accepts by notifying the Subcontractor and Contractor
in
writing; and
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assignment
is subject to the prior rights of the surety, if any, obligated
under bond
relating to the Contract.
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§ 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,
TENANT OR BY SEPARATE CONTRACTORS
§ 6.1
OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 6.1.1
The Owner reserves the right to perform construction or operations related
to
the Project with the Owner's own forces, and to award separate contracts
in
connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or
substantially similar to these including those portions related to insurance
and
waiver of subrogation. If the Contractor claims that delay or additional
cost is
involved because of such action by the Owner, the Contractor shall make such
Claim as provided in Section 4.3.
§ 6.1.2
When separate contracts are awarded for different portions of the Project
or
other construction or operations on the site, the term "Contractor" in the
Contract Documents in each case shall mean the Contractor who executes each
separate Owner-Contractor Agreement.
§ 6.1.3
The Owner shall 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 Owner until subsequently
revised.
§ 6.1.4
Unless otherwise provided in the Contract Documents, when the Owner performs
construction or operations related to the Project with the Owner's own forces,
the Owner shall be deemed to be subject to the same obligations and to have
the
same rights which apply to the Contractor under the Conditions of the Contract,
including, without excluding others, those stated in Article 3, this Article
6
and Articles 10, 11 and 12.
§ 6.2
MUTUAL RESPONSIBILITY
§ 6.2.1
The Contractor shall afford the Owner and separate contractors reasonable
opportunity for introduction and storage of their materials and equipment
and
performance of their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract
Documents.
§ 6.2.2
If part of the Contractor's Work depends for proper execution or results
upon
construction or operations by the Owner or a separate contractor, the Contractor
shall, prior to proceeding with that portion of the Work, promptly report
to the
Architect apparent discrepancies or defects in such other construction that
would render it unsuitable for such proper execution and results. Failure
of the
Contractor so to report shall constitute an acknowledgment that the Owner's
or
separate contractor's completed or partially completed construction is fit
and
proper to receive the Contractor's Work, except as to defects not then
reasonably discoverable.
§ 6.2.3
The Owner shall be reimbursed by the Contractor for costs incurred by the
Owner
which are payable to a separate contractor because of delays, improperly
timed
activities or defective construction of the Contractor. The Owner shall be
responsible to the Contractor for costs incurred by the Contractor because
of
delays, improperly timed activities, damage to the Work or defective
construction of a separate contractor.
§ 6.2.4
The Contractor shall promptly remedy damage wrongfully caused by the Contractor
to completed or partially completed construction or to property of the Owner
or
separate contractors as provided in Section 10.2.5.
§ 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 Section
3.14.
§ 6.3
OWNER'S RIGHT TO CLEAN UP
§ 6.3.1
If a dispute arises among the Contractor, separate contractors and the Owner
as
to the responsibility under their respective contracts for maintaining the
premises and surrounding area free from waste materials and rubbish, the
Owner
may clean up and the Architect will allocate the cost among those
responsible.
§ 6.4
TENANT’S RIGHTS
§ 6.4.1
Independent of Owner, Tenant shall have each and all of the same rights and
options (and any resulting related duties and obligations) that Owner has
in
this Article 6, the same as if Tenant were Owner.
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, Architects Supplemental Instruction 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 and Contractor and Architect, stating their agreement upon all
of the
following:
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change
in the Work;
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the
amount of the adjustment, if any, in the Contract Sum;
and
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the
extent of the adjustment, if any, in the applicable Contract
Time.
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§ 7.2.2
Methods used in determining adjustments to the Contract Sum may include those
listed in Section 7.3.3.
§ 7.3
CONSTRUCTION CHANGE DIRECTIVES
§ 7.3.1
A Construction Change Directive or Architects Supplemental Instruction 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 applicable 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 applicable Contract Time being adjusted
accordingly.
§ 7.3.2
A Construction Change Directive shall be used in the absence of total agreement
on the terms of a Change Order.
§ 7.3.3
If the Construction Change Directive provides for an adjustment to the Contract
Sum, the adjustment shall be based on one of the following methods:
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mutual
acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit
evaluation;
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unit
prices stated in the Contract Documents or subsequently agreed
upon;
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cost
to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
or
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as
provided in Section 7.3.6.
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§ 7.3.4
Upon receipt of a Construction Change Directive, the Contractor shall promptly
proceed with the change in the Work involved and advise the Architect of
the
Contractor's agreement or disagreement with the method, if any, provided
in the
Construction Change Directive for determining the proposed adjustment in
the
Contract Sum or applicable Contract Time.
§ 7.3.5
A Construction Change Directive signed by the Contractor indicates the agreement
of the Contractor therewith, including adjustment in the Contract Sum and
applicable 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 Section 7.3.3.3, the Contractor shall keep and
present, in such form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise provided in the
Contract Documents, costs for the purposes of this Section 7.3.6 shall be
limited to the following:
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costs
of labor, including social security, old age and unemployment insurance,
fringe benefits required by agreement or custom, and workers' compensation
insurance;
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costs
of materials, supplies and equipment, including cost of transportation,
whether incorporated or consumed;
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rental
costs of machinery and equipment, exclusive of hand tools, whether
rented
from the Contractor or others;
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costs
of premiums for all bonds and insurance, permit fees, and sales,
use or
similar taxes related to the Work;
and
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additional
costs of supervision and field office personnel directly attributable
to
the change.
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§ 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 Sum and applicable 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.
§ 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 applicable 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 for the completion of a Phase of
the
Work is the period of time, including authorized adjustments, allotted in
the
Contract Documents for Substantial Completion of such Phase of the
Work.
§ 8.1.2
The dates of commencement for the Phases of the of the Work are the dates
established in the Agreement.
§ 8.1.3
The dates of Substantial Completion for the Phases of the Work are the dates
certified by the Architect in accordance with Section 9.8.
§ 8.1.4
The term "day" as used in the Contract Documents shall mean calendar day
unless
otherwise specifically defined.
§ 8.2
PROGRESS AND COMPLETION
§ 8.2.1
Time limits stated in the Contract Documents are of the essence of the Contract.
By executing the Agreement the Contractor confirms that the Contract Time
for
each Phase of the Work is a reasonable period for performing such portion
of 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 Phase 1 of the Work shall
not
be changed by the effective date of such insurance. Unless the date of
commencement for Phase 1 of the Work 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 of the Work to be completed for a Phase within
the applicable 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 applicable
Contract Time shall be extended by Change Order for such reasonable time
as the
Architect may determine.
§ 8.3.2
Claims relating to time shall be made in accordance with applicable provisions
of Section 4.3.
§ 8.3.3
This Section 8.3 does not preclude recovery of damages for delay by either
party
under other provisions of the Contract Documents.
ARTICLE 9 PAYMENTS AND COMPLETION
§ 9.1
CONTRACT SUM
§ 9.1.1
The Contract Sum for each of (i) Phase 1 and 2, and (ii) Phase 3 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 thirty (30) 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.
§ 9.3.1.1
As provided in Section 7.3.8, such applications may include requests for
payment
on account of changes in the Work which have been properly authorized by
Construction Change Directives, or by interim determinations of the Architect,
but not yet included in Change Orders.
§ 9.3.1.2
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
equipment relating to the Work.
§ 9.4
CERTIFICATES FOR PAYMENT
§ 9.4.1
The Architect will, within ten days after receipt of the Contractor's
Application for Payment, either issue to the Owner a Certificate for Payment,
with a copy to the Contractor, for such amount as the Architect determines
is
properly due, or notify the Contractor and Owner in writing of the Architect's
reasons for withholding certification in whole or in part as provided in
Section
9.5.1.
§ 9.4.2
The issuance of a Certificate for Payment will constitute a representation
by
the Architect to the Owner, based on the Architect's evaluation of the Work
and
the data comprising the Application for Payment, that the Work has progressed
to
the point indicated and that, to the best of the Architect's knowledge,
information and belief, the quality of the Work is in accordance with the
Contract Documents. The foregoing representations are subject to an 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 Section 9.4.2 cannot be made.
If
the Architect is unable to certify payment in the amount of the Application,
the
Architect will notify the Contractor and Owner as provided in Section 9.4.1.
If
the Contractor and Architect cannot agree on a revised amount, the 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 Section 3.3.2,
because of:
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defective
Work not remedied;
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third
party claims filed or reasonable evidence indicating probable filing
of
such claims unless security acceptable to the Owner is provided
by the
Contractor;
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failure
of the Contractor to make payments properly to Subcontractors or
for
labor, materials or equipment;
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reasonable
evidence that the Work cannot be completed for the unpaid balance
of the
Contract Sum;
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damage
to the Owner or another contractor;
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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
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persistent
failure to carry out the Work in accordance with the Contract
Documents.
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§ 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
Subcontractor's portion of the Work, the amount to which said Subcontractor
is
entitled, reflecting percentages actually retained from payments to the
Contractor on account of such Subcontractor's portion of the Work. The
Contractor shall, by appropriate agreement with each Subcontractor, require
each
Subcontractor to make payments to Sub-subcontractors in a similar
manner.
§ 9.6.3
The Architect will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by
the
Contractor and action taken thereon by the Architect and Owner on account
of
portions of the Work done by such Subcontractor.
§ 9.6.4
Neither the Owner nor Architect shall 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 be treated in a manner similar to that
provided in Sections 9.6.2, 9.6.3 and 9.6.4.
§ 9.6.6
A Certificate for Payment, a progress payment, or partial or entire use or
occupancy of the Project by the Owner shall not constitute acceptance of
Work
not in accordance with the Contract Documents.
§ 9.6.7
Unless the Contractor 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.
§ 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 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 applicable Contract Time
shall be extended appropriately and the Contract Sum shall be increased by
the
amount of the Contractor's reasonable costs of shut-down, delay and start-up,
plus interest as provided for in the Contract Documents.
§ 9.8
SUBSTANTIAL COMPLETION
§ 9.8.1
Substantial Completion is the stage in the progress of the Work to be completed
for a Phase when such Work or designated portion thereof is sufficiently
complete in accordance with the Contract Documents so that the Owner can
occupy
or utilize such Work for its intended use.
§ 9.8.2
When the Contractor considers that the Work to be completed for a Phase,
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
for such Work. Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all Work to be completed for
the
applicable Phase 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 to be completed for a Phase 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 such 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 to be completed for a Phase or designated portion thereof is
substantially complete, the Architect will prepare a Certificate of Substantial
Completion for such Work which shall establish the date of Substantial
Completion for such Work, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to such 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
such Work or designated portion thereof unless otherwise provided in
the Certificate of Substantial Completion.
§ 9.8.5
The Certificate of Substantial Completion for each Phase of the Work 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 Section 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
such Work and insurance, and have agreed in writing concerning the period
for
correction of such Work and commencement of warranties required by
the Contract Documents. When the Contractor considers a portion substantially
complete, the Contractor shall prepare and submit a list to the Architect
as
provided under Section 9.8.2. Consent of the Contractor to partial occupancy
or
use shall not be unreasonably withheld. The stage of the progress of the
Work to
be completed for a Phase shall be determined by written agreement between
the
Owner and Contractor or, if no agreement is reached, by decision of the
Architect.
§ 9.9.2
Immediately prior to such partial occupancy or use, the Owner, Contractor
and
Architect shall jointly inspect the area to be occupied or portion of the
Work
to be used in order to determine and record the condition of the
Work.
§ 9.9.3
Unless otherwise agreed upon, partial occupancy or use of a portion or portions
of the Work to be completed for a Phase shall not constitute acceptance of
Work
not complying with the requirements of the Contract Documents.
§ 9.10
FINAL COMPLETION AND FINAL PAYMENT
§ 9.10.1
Upon receipt of written notice that the Work is ready for final inspection
and
acceptance and upon receipt of a final Application for Payment, the Architect
will promptly make such inspection and, when the Architect finds the Work
acceptable under the Contract Documents and the Contract fully performed,
the
Architect will promptly issue a final Certificate for Payment stating that
to
the best of the Architect's knowledge, information and belief, and on the
basis
of the Architect's on-site visits and inspections, the Work has been completed
in accordance with terms and conditions of the Contract Documents and that
the
entire balance found to be due the Contractor and noted in the final Certificate
is due and payable. The Architect's final Certificate for Payment will
constitute a further representation that conditions listed in Section 9.10.2
as
precedent to the Contractor's being entitled to final payment have been
fulfilled.
§ 9.10.2
Neither final payment nor any remaining retained percentage shall become
due
until the Contractor submits to the Architect (1) an affidavit that payrolls,
bills for materials and equipment, and other indebtedness connected with
the
Work for which the Owner or the Owner's property might be responsible or
encumbered (less amounts withheld by Owner) have been paid or otherwise
satisfied, (2) a certificate 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 or Tenant, 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
or Tenant. If a Subcontractor refuses to furnish a release or waiver required
by
the Owner or Tenant, the Contractor may furnish a bond satisfactory to each
requesting and requiring party to indemnify Owner and Tenant against such
lien
or claim. If such lien or claim remains unsatisfied after payments are made,
the
Contractor shall refund to the Owner or Tenant all money that the Owner or
Tenant may be compelled to pay in discharging such lien or claim, including
all
costs and reasonable attorneys' fees.
§ 9.10.3
If, after Substantial Completion of a Phase 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 such Phase of the Work fully completed and accepted.
If the
remaining balance for Work not fully completed or corrected is less than
retainage stipulated in the Contract Documents, and if bonds have been
furnished, the written consent of surety to payment of the balance due for
that
portion of the Work fully completed and accepted shall be submitted by the
Contractor to the Architect prior to certification of such payment. Such
payment
shall be made under terms and conditions governing final payment, except
that it
shall not constitute a waiver of claims.
§ 9.10.4
The making of final payment shall constitute a waiver of Claims by the Owner
except those arising from:
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liens,
Claims, security interests or encumbrances arising out of the Contract
and
unsettled;
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failure
of the Work to comply with the requirements of the Contract Documents;
or
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terms
of special warranties required by the Contract
Documents.
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§ 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 initiating, maintaining and supervising
all safety precautions and programs in connection with the performance of
the
Contract.
§ 10.2
SAFETY OF PERSONS AND PROPERTY
§ 10.2.1
The Contractor shall take reasonable precautions for safety of, and shall
provide reasonable protection to prevent damage, injury or loss to:
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employees
on the Work and other persons who may be affected
thereby;
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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
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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.
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§ 10.2.2
The Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety
of
persons or property or their protection from damage, injury or
loss.
§ 10.2.3
The Contractor shall erect and maintain, as required by existing conditions
and
performance of the Contract, reasonable safeguards for safety and protection,
including posting danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent sites and
utilities.
§ 10.2.4
When use or storage of explosives or other hazardous materials or equipment
or
unusual methods are necessary for execution of the Work, the Contractor shall
exercise utmost care and carry on such activities under supervision of properly
qualified personnel.
§ 10.2.5
The Contractor shall promptly remedy damage and loss (other than damage or
loss
insured under property insurance required by the Contract Documents) to property
referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part
by the
Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose acts they may
be
liable and for which the Contractor is responsible under Sections 10.2.1.2
and
10.2.1.3, except damage or loss attributable to acts or omissions of the
Owner
or Architect or anyone directly or indirectly employed by either of them,
or by
anyone for whose acts either of them may be liable, and not attributable
to the
fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor's obligations under Section
3.18.
§ 10.2.6
The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents.
This
person shall be the Contractor's superintendent unless otherwise designated
by
the Contractor in writing to the Owner and Architect.
§ 10.2.7
The Contractor shall not load or permit any part 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 writing.
§ 10.3.2
The Owner shall obtain the services of a licensed laboratory to verify the
presence or absence of the material or substance reported by the Contractor
and,
in the event such material or substance is found to be present, to verify
that
it has been rendered harmless. Unless otherwise required by the Contract
Documents, the Owner shall furnish in writing to the Contractor and Architect
the names and qualifications of persons or entities who are to 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
applicable Contract Time shall be extended appropriately and the Contract
Sum
shall be increased in the amount of the Contractor's reasonable additional
costs
of shut-down, delay and start-up, which adjustments shall be accomplished
as
provided in Article 7.
§ 10.3.3
To the fullest extent permitted by law, the Owner shall indemnify and hold
harmless the Contractor, Subcontractors, Architect, Architect's consultants
and
agents and employees of any of them from and against claims, damages, losses
and
expenses, including but not limited to attorneys' fees, arising out of or
resulting from performance of the Work in the affected area if in fact the
material or substance presents the risk of bodily injury or death as described
in Section 10.3.1 and has not been rendered harmless, provided that such
claim,
damage, loss or expense is attributable to bodily injury, sickness, disease
or
death, or to injury to or destruction of tangible property (other than the
Work
itself) and provided that such damage, loss or expense is not due to the
sole
negligence of a party seeking indemnity.
§ 10.4
The Owner shall not be responsible under Section 10.3 for materials and
substances brought to the site by the Contractor unless such materials or
substances were required by the Contract Documents.
§ 10.5
If, without negligence on the part of the Contractor, the Contractor is held
liable for the cost of remediation of a hazardous material or substance solely
by reason of performing Work as required by the Contract Documents, the Owner
shall indemnify the Contractor for all cost and expense thereby
incurred.
§ 10.6
EMERGENCIES
§ 10.6.1
In an emergency affecting safety of persons or property, the Contractor shall
act, at the Contractor's discretion, to 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 Section 4.3 and
Article 7.
ARTICLE 11 INSURANCE AND BONDS
§ 11.1
CONTRACTOR'S LIABILITY INSURANCE
§ 11.1.1
The Contractor shall purchase from and maintain in a company or companies
lawfully authorized to do business in the jurisdiction in which the Project
is
located such insurance as will protect the Contractor from claims set forth
below which may arise out of or result from the Contractor's operations under
the Contract and for which the Contractor may be 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:
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claims
under workers' compensation, disability benefit and other similar
employee
benefit acts which are applicable to the Work to be
performed;
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claims
for damages because of bodily injury, occupational sickness or
disease, or
death of the Contractor's
employees;
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claims
for damages because of bodily injury, sickness or disease, or death
of any
person other than the Contractor's
employees;
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claims
for damages insured by usual personal injury liability
coverage;
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claims
for damages, other than to the Work itself, because of injury to
or
destruction of tangible property, including loss of use resulting
therefrom;
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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;
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claims
for bodily injury or property damage arising out of completed operations;
and
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claims
involving contractual liability insurance applicable to the Contractor's
obligations under Section 3.18.
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§ 11.1.2
The insurance required by Section 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.
§ 11.1.3
Certificates of insurance acceptable to the Owner shall be filed with the
Owner
prior to commencement of the Work. These certificates and the insurance policies
required by this Section 11.1 shall contain a provision that coverages afforded
under the policies will not be canceled or allowed to expire until at least
30
days' prior written notice has been given to the Owner. If any of the foregoing
insurance 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 Section 9.10.2. Information concerning reduction of coverage on account
of
revised limits or claims paid under the General Aggregate, or both, shall
be
furnished by the Contractor with reasonable promptness in accordance with
the
Contractor's information and belief.
§ 11.2
OWNER'S LIABILITY INSURANCE
§ 11.2.1
The Owner shall be responsible for purchasing and maintaining the Owner's
usual
liability insurance.
§ 11.3
PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
§ 11.3.1
Optionally, the Owner may require the Contractor to purchase and maintain
Project Management Protective Liability insurance from the Contractor's usual
sources as primary coverage for the Owner's, Contractor's and Architect's
vicarious liability for construction operations under the Contract. Unless
otherwise required by the Contract Documents, the Owner shall reimburse the
Contractor by increasing the Contract Sum to pay the cost of purchasing and
maintaining such optional insurance 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
Sections 11.1.1.2 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 Section 11.1.
§ 11.4
PROPERTY INSURANCE
§ 11.4.1
Unless otherwise provided, the Owner shall purchase and maintain, in a company
or companies lawfully authorized to do business in the jurisdiction in which
the
Project is located, property insurance written on a builder's risk "all-risk"
or
equivalent policy form in the amount of the initial Contract Sum, plus value
of
subsequent Contract modifications and cost of materials supplied or installed
by
others, comprising total value for the entire Project at the site on a
replacement cost basis without optional deductibles. Such property insurance
shall be maintained, unless otherwise provided in the Contract Documents
or
otherwise agreed in writing by all persons and entities who are beneficiaries
of
such insurance, until final payment has been made as provided in Section
9.10 or
until no person or entity other than the Owner has an insurable interest
in the
property required by this Section 11.4 to be covered, whichever is later.
This
insurance shall include interests of the Owner, the Contractor, Subcontractors
and Sub-subcontractors in the Project.
§ 11.4.1.1
Property insurance shall be on an "all-risk" or equivalent policy form and
shall
include, without limitation, insurance against the perils of fire (with extended
coverage) and physical loss or damage including, without duplication of
coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood,
windstorm, falsework, testing and startup, temporary buildings and debris
removal including demolition occasioned by enforcement of any applicable
legal
requirements, and shall cover reasonable compensation for Architect's and
Contractor's services and expenses required as a result of such insured
loss.
§ 11.4.1.2
If the Owner does not intend to purchase such property insurance required
by the
Contract and with all of the coverages in the amount described above, the
Owner
shall so inform the Contractor in writing prior to commencement of the Work.
The
Contractor may then effect insurance which will protect the interests of
the
Contractor, Subcontractors and Sub-subcontractors in the Work, and by
appropriate Change Order the cost thereof shall be charged to the Owner.
If the
Contractor is damaged by the failure or neglect of the Owner to purchase
or
maintain insurance as described above, without so notifying the Contractor
in
writing, then the Owner shall bear all reasonable costs properly attributable
thereto.
§ 11.4.1.3
If the property insurance requires deductibles, the Owner shall pay costs
not
covered because of such deductibles.
§ 11.4.1.4
This property insurance shall cover portions of the Work stored off the site,
and also portions of the Work in transit.
§ 11.4.1.5
Partial occupancy or use in accordance with Section 9.9 shall not commence
until
the insurance company or companies providing property insurance have consented
to such partial occupancy or use by endorsement or otherwise. The Owner and
the
Contractor shall take reasonable steps to obtain consent of the insurance
company or companies and shall, without mutual written consent, take no action
with respect to partial occupancy or use that would cause cancellation, lapse
or
reduction of insurance.
§ 11.4.2
Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler
and
machinery insurance required by the Contract Documents or by law, which shall
specifically cover such insured objects during installation and until final
acceptance by the Owner; this insurance shall include interests of the Owner,
Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner
and
Contractor shall be named insureds.
§ 11.4.3
Loss of Use Insurance. The Owner, at the Owner's option, may purchase and
maintain such insurance as will insure the Owner against loss of use of the
Owner's property due to fire or other hazards, however caused. The Owner
waives
all rights of action against the Contractor for loss of use of the Owner's
property, including consequential losses due to fire or other hazards however
caused.
§ 11.4.4
If the Contractor requests in writing that insurance for risks other than
those
described herein or other special causes of loss be included in the property
insurance policy, the Owner shall, if possible, include such insurance, and
the
cost thereof shall be charged to the Contractor by appropriate Change
Order.
§ 11.4.5
If during the Project construction period the Owner insures properties, real
or
personal or both, at or adjacent to the site by property insurance under
policies separate from those insuring the Project, or if after final payment
property insurance is to be provided on the completed Project through a policy
or policies other than those insuring the Project during the construction
period, the Owner shall waive all rights in accordance with the terms of
Section
11.4.7 for damages caused by fire or other causes of loss covered by this
separate property insurance. All separate policies shall provide this waiver
of
subrogation by endorsement or otherwise.
§ 11.4.6
Before an exposure to loss may occur, the Owner shall file with the Contractor
a
copy of each policy that includes insurance coverages required by this Section
11.4. Each policy shall contain all generally applicable conditions,
definitions, exclusions and endorsements related to this Project. Each policy
shall contain a provision that the policy will not be canceled or allowed
to
expire, and that its limits will not be reduced, until at least 30 days'
prior
written notice has been given to the Contractor.
§ 11.4.7
Waivers of Subrogation. The Owner and Contractor waive all rights
against (1) each other and any of their subcontractors, sub-subcontractors,
agents and employees, each of the other, and (2) the 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 covered by property insurance obtained pursuant
to
this Section 11.4 or other property insurance applicable to the Work, except
such rights as they have to proceeds of such insurance held by the Owner
as
fiduciary. The Owner or Contractor, as appropriate, shall require of the
separate contractors described in Article 6, if any, and the subcontractors,
sub-subcontractors, agents and employees of any of them, by appropriate
agreements, written where legally required for validity, similar waivers
each in
favor of other parties enumerated herein. The policies shall provide such
waivers of subrogation by endorsement or otherwise. A waiver of subrogation
shall be effective as to a person or entity even though that person or entity
would otherwise have a duty of indemnification, contractual or otherwise,
did
not pay the insurance premium directly or indirectly, and whether or not
the
person or entity had an insurable interest in the property damaged.
§ 11.4.8
A loss insured under Owner's property insurance shall be adjusted by the
Owner
as fiduciary and made payable to the Owner as fiduciary for the insureds,
as
their interests may appear, subject to requirements of any applicable mortgagee
clause and of Section 11.4.10. The Contractor shall pay Subcontractors their
just shares of insurance proceeds received by the Contractor, and by appropriate
agreements, written where legally required for validity, shall require
Subcontractors to make payments to their Sub-subcontractors in similar
manner.
§ 11.4.9
If required in writing by a party in interest, the Owner as fiduciary shall,
upon occurrence of an insured loss, give bond for proper performance of the
Owner's duties. The cost of required bonds shall be charged against proceeds
received as fiduciary. The Owner shall deposit in a separate account proceeds
so
received, which the Owner shall distribute in accordance with such agreement
as
the parties in interest may reach, or in accordance with an arbitration award
in
which case the procedure shall be as provided in Section 4.6. If after such
loss
no other special agreement is made and unless the Owner terminates the Contract
for convenience, replacement of damaged property shall be performed by the
Contractor after notification of a Change in the Work in accordance with
Article
7.
§ 11.4.10
The Owner as fiduciary shall have power to adjust and settle a loss with
insurers unless one of the parties in interest shall object in writing within
five days after occurrence of loss to the Owner's exercise of this power;
if
such objection is made, the dispute shall be resolved as provided in Sections
4.5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, make
settlement with insurers in accordance with directions of the arbitrators.
If
distribution of insurance proceeds by arbitration is required, the arbitrators
will direct such distribution.
§ 11.5
PERFORMANCE BOND AND PAYMENT BOND
§ 11.5.1
The Owner shall have the right to require the Contractor to furnish bonds
covering faithful performance of the Contract and payment of obligations
arising
thereunder as stipulated in bidding requirements or specifically required
in the
Contract Documents on the date of execution of the Contract.
§ 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
applicable 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 the Owner's expense.
If
such Work is not in accordance with the Contract Documents, correction shall
be
at the Contractor's expense unless the condition was caused by the Owner
or a
separate contractor in which event the Owner shall be responsible for payment
of
such costs.
§ 12.2
CORRECTION OF WORK
§ 12.2.1
BEFORE OR AFTER SUBSTANTIAL COMPLETION
§ 12.2.1.1
The Contractor shall promptly correct Work rejected by the Architect or failing
to conform to the requirements of the Contract Documents, whether discovered
before or after Substantial Completion and whether or not fabricated, installed
or completed. Costs of correcting such 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 Contractor's obligations under Section 3.5, if, within
one
year after the date of Substantial Completion of a Phase of the Work or
designated portion thereof or after the date for commencement of warranties
established under Section 9.9.1, or by terms of an applicable special warranty
required by the Contract Documents, any of such 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
such
Work, if the Owner fails to notify the Contractor and give the Contractor
an
opportunity to make the correction, the Owner waives the rights to require
correction by the Contractor and to make a claim for breach of warranty.
If the
Contractor fails to correct nonconforming Work within a reasonable time during
that period after receipt of notice from the Owner or Architect, the Owner
may
correct it in accordance with Section 2.4.
§ 12.2.2.2
The one-year period for correction of a Phase of the Work shall be extended
with
respect to portions of Work first performed after Substantial Completion
of such
Phase of the Work by the period of time between Substantial Completion of
such
Phase of the Work and the actual performance of such Phase of the
Work.
§ 12.2.2.3
The one-year period for correction of a Phase of the Work shall not be extended
by corrective Work performed by the Contractor pursuant to this Section
12.2.
§ 12.2.3
The Contractor shall remove from the site 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 Section 12.2 shall be construed to establish a
period
of limitation with respect to other obligations which the Contractor might
have
under the Contract Documents. Establishment of the one-year period for
correction of a Phase of the Work as described in Section 12.2.2 relates
only to
the specific obligation of the Contractor to correct such Work, and has no
relationship to the time within which the obligation to comply with the Contract
Documents may be sought to be enforced, nor to the time within which proceedings
may be commenced to establish the Contractor's liability with respect to
the
Contractor's obligations other than specifically to correct
such 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 party hereto and
to
partners, successors, assigns and legal representatives of such other party
in
respect to covenants, agreements and obligations contained in the Contract
Documents. Except as provided in Section 13.2.2, neither party to the Contract
shall assign the Contract as a whole without written consent of the other.
If
either party attempts to make such an assignment without such consent, that
party shall nevertheless remain legally responsible for all obligations under
the Contract.
§ 13.2.2
The Owner may, without consent of the Contractor, assign the Contract to
an
institutional lender providing construction financing for the Project. In
such
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
§ 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.
§ 13.5.2
If the Architect, Owner or public authorities having jurisdiction determine
that
portions of the Work require additional testing, inspection or approval not
included under Section 13.5.1, the Architect will, upon written authorization
from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and
the
Contractor shall 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 Section 13.5.3, shall be at
the
Owner's expense.
§ 13.5.3
If such procedures for testing, inspection or approval under Sections 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.
§ 13.7
COMMENCEMENT OF STATUTORY LIMITATION PERIOD
§ 13.7.1
As between the Owner and Contractor:
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Before
Substantial Completion. As to acts or failures to act occurring
prior to the relevant date of Substantial Completion of a Phase
of the
Work, 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;
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Between
Substantial Completion and Final Certificate for Payment. As to
acts or failures to act occurring subsequent to the relevant date
of
Substantial Completion of a Phase of the Work and prior to issuance
of the
final Certificate for Payment, any applicable statute of limitations
shall
commence to run and any alleged cause of action shall be deemed
to have
accrued in any and all events not later than the date of issuance
of the
final Certificate for Payment; and
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After
Final Certificate for Payment. As to acts or failures to act
occurring after the relevant date of issuance of the final Certificate
for
Payment, any applicable statute of limitations shall commence to
run and
any alleged cause of action shall be deemed to have accrued in
any and all
events not later than the date of any act or failure to act by
the
Contractor pursuant to any Warranty provided under Section 3.5,
the date
of any correction of the Work or failure to correct the Work by
the
Contractor under Section 12.2, or the date of actual commission
of any
other act or failure to perform any duty or obligation by the Contractor
or Owner, whichever occurs last.
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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:
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issuance
of an order of a court or other public authority having jurisdiction
which
requires all Work to be stopped;
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an
act of government, such as a declaration of national emergency
which
requires all Work to be stopped;
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because
the Architect has not issued a Certificate for Payment and has
not
notified the Contractor of the reason for withholding certification
as
provided in Section 9.4.1, or because the Owner has not made payment
on a
Certificate for Payment within the time stated in the Contract
Documents;
or
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the
Owner has failed to furnish to the Contractor promptly, upon the
Contractor's request, reasonable evidence as required by Section
2.2.1.
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§ 14.1.2
The Contractor may terminate the Contract if, through no act or fault of
the
Contractor or a Subcontractor, Sub-subcontractor or their agents or employees
or
any other persons or entities performing portions of the Work under direct
or
indirect contract with the Contractor, repeated suspensions, delays or
interruptions of the entire Work by the Owner as described in Section 14.3
constitute in the aggregate more than 100 percent of the total number of
days
scheduled for completion, or 120 days in any 365-day period, whichever is
less.
§ 14.1.3
If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the
Contractor may, upon seven days' written notice to the Owner and Architect,
terminate the Contract and recover from the Owner payment for Work executed
and
for proven loss with respect to materials, equipment, tools, and construction
equipment and machinery, including reasonable 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 Section 14.1.3.
§ 14.2
TERMINATION BY THE OWNER FOR CAUSE
§ 14.2.1
The Owner may terminate the Contract if the Contractor:
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persistently
or repeatedly refuses or fails to supply enough properly skilled
workers
or proper materials;
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fails
to make payment to Subcontractors for materials or labor in accordance
with the respective agreements between the Contractor and the
Subcontractors;
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persistently
disregards laws, ordinances, or rules, regulations or orders of
a public
authority having jurisdiction; or
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otherwise
is guilty of substantial breach of a provision of the Contract
Documents.
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§ 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:
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.1
|
take
possession of the site and of all materials, equipment, tools,
and
construction equipment and machinery thereon owned by the
Contractor;
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.2
|
accept
assignment of subcontracts pursuant to Section 5.4;
and
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.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.
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§ 14.2.3
When the Owner terminates the Contract for one of the reasons stated in Section
14.2.1, the Contractor shall not be entitled to receive further payment until
the Work is finished.
§ 14.2.4
If the unpaid balance of the Contract Sum exceeds costs of finishing the
Work,
including compensation for the Architect's services and expenses made necessary
thereby, and other damages incurred by the Owner and not expressly waived,
such
excess shall be paid to the Contractor. If such costs and damages exceed
the
unpaid balance, the Contractor shall pay the difference to the Owner. The
amount
to be paid to the Contractor or Owner, as the case may be, shall be certified
by
the Architect, upon application, and this obligation for payment shall survive
termination of the Contract.
§ 14.3
SUSPENSION BY THE OWNER FOR CONVENIENCE
§ 14.3.1
The Owner may, without cause, order the Contractor in writing to suspend,
delay
or interrupt the Work in whole or in part for such period of time as the
Owner
may determine.
§ 14.3.2
The Contract Sum and applicable Contract Times shall be adjusted for increases
in the cost and time caused by suspension, delay or interruption as described
in
Section 14.3.1. Adjustment of the Contract Sum shall include profit. No
adjustment shall be made to the extent:
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.1
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that
performance is, was or would have been so suspended, delayed or
interrupted by another cause for which the Contractor is responsible;
or
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.2
|
that
an equitable adjustment is made or denied under another provision
of the
Contract.
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§ 14.4
TERMINATION BY THE OWNER FOR CONVENIENCE
§ 14.4.1
The Owner may, at any time, terminate the Contract for the Owner's convenience
and without cause.
§ 14.4.2
Upon receipt of written notice from the Owner of such termination for the
Owner's convenience, the Contractor shall:
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.1
|
cease
operations as directed by the Owner in the
notice;
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.2
|
take
actions necessary, or that the Owner may direct, for the protection
and
preservation of the Work; and
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.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.
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§ 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.
EXHIBIT
“B”
COST
OF THE WORK
“Cost
of the Work” shall mean those costs incurred and/or paid by Contractor in
connection with the construction of the Project and the performance pursuant
to
this Agreement. The Cost of the Work shall include, but not be
limited to, the items set forth in the following Subparagraphs (1) through
(27):
(1) Wages
paid for labor in the direct employ of Contractor in the performance of the
Work
under applicable collective bargaining agreements or under a salary or wage
schedule and including such welfare or other benefits as may be actually payable
with respect thereto. Basic hourly wages, for purposes of this
paragraph, shall include vacation pay, sick pay and any overtime pay, if
applicable.
(2) Salaries
of Contractor’s personnel, while performing or supervising the
Work.
(a) Personnel
engaged, at shops or on the road, in expediting the production or transportation
of materials or equipment, shall be included for that portion of their time
as
is established by appropriate documentation as having been spent in connection
with the Work.
(b) Project
Managers, Construction Managers, Project Executives, expeditors, accounting,
and
secretarial personnel whose part-time or full-time services are required for
the
Work, shall be included for such part of their time as may be devoted to the
Work.
(c) Employees
of Contractor whose services are required in the preparation or analysis of
schedules, material lists, Shop Drawings, working details, periodic cost studies
and similar services necessary to define the Work and control its cost and
progress shall be included for such part of their time as may be devoted to
the
Work.
(3) Actual
cost of contributions, assessments or taxes paid during the performance of
the
Work for such items as unemployment compensation, social security and fringe
benefits in accordance with Contractor’s personnel policy insofar as such cost
is based on wages, salaries or other remuneration paid to employees of
Contractor and included in the cost of the work under Subparagraphs (1) and
(2)
above.
(4) The
travel and subsistence expenses of Contractor or its officers or employees
incurred while traveling in discharge of duties connected with the
Work.
(5) Cost
of all material, supplies and equipment incorporated in the Work, including
costs of transportation thereof and excess material required to provide a
reasonable allowance for waste.
(6) Cost
of Project General Conditions as described in the attached Exhibit
“G”.
(7) Cost
of premiums for all payment bonds and performance bonds required by Owner or
Contractor to be carried by Subcontractors attributable to the
Work. The cost thereof shall not be considered “Cost of the Work” for
purposes of computing Contractor’s Fee.
(8) Amounts
due under all subcontracts made in accordance with the provisions of the
Contract or any other document executed in connection therewith.
(9) Cost,
including transportation and maintenance, of all materials, supplies, equipment,
temporary facilities and hand tools not owned by the workers, which are
purchased and consumed in the performance of the Work, and cost less salvage
value on such items used in the performance of the Work but not consumed which
remain the property of Contractor.
(10) All
rental charges paid for machinery and equipment used at the site of the Work,
whether rented from Contractor or others, including installation, minor repairs
and replacements, dismantling, removal, transportation and delivery costs
thereof. To the extent items are rented from the Contractor or its
affiliated Rental Company, the rates shall not exceed the prevailing rates
in
the area.
(a) Owner
reserves the right to direct Contractor to dispose of all materials, equipment,
temporary structures, tools and supplies which have been purchased and charged
to the job and are no longer needed. The Cost of the Work shall be
credited for the proceeds of the disposition thereof. If the Owner
desires to retain such items, title will be transferred to the
Owner.
(b) Contractor
shall obtain Owner’s permission to purchase tools and equipment having a
purchase price or fair market value in excess of $10,000. If advance
written approval is not obtained from an authorized Owner representative, Owner
may at its discretion exclude the purchase price from costs to be
reimbursed.
(11) Cost
of Consultants, if any, hired by Contractor in the prosecution of the
Work. The cost thereof shall not be considered “Cost of the Work” for
purposes of computing Contractor’s Fee, except with the prior written consent of
Owner pursuant to an approved Change Order.
(12) Cost
of premiums for all insurance carried by Contractor attributable exclusively
to
the Work, including the premium cost of insurance required to be carried under
the provisions of Exhibit "C" to this Agreement (i) based upon the Contract
Sum
or payments paid or payable to Contractor pursuant to this Agreement or (ii)
for
insurance not carried by Contractor absent the requirements in Exhibit
"C". The premium cost of insurance required to be carried under the
provisions of Exhibit "C" shall not be considered "Cost of the Work" for
purposes of computing Contractor's Fee.
(13) Sales,
use or similar taxes related to the Work and for which Contractor is liable
as
imposed by any governmental authority.
(14) Building
and other permit fees, assessments, acreage fees, connection fees, and similar
fees shall be paid directly by Owner and shall not constitute Cost of the
Work. Other licenses and inspections for work the Contractor is
required to pay by the Contract Documents, royalties, damages for infringements
of patents and costs of defending suits therefor, and deposits lost shall
constitute a part of the Cost of the Work.
(15) Fees
for testing laboratories, including inspections, testing and reports unless
excluded from Contractor responsibility by the Contract
Documents. The cost thereof (other than the cost of the QAA
inspection required by Xxxxx County, Nevada with respect to the Work) shall
not
be considered “Cost of the Work” for purposes of computing Contractor’s Fee,
except with the prior written consent of Owner pursuant to an approved Change
Order.
(16) Intentionally
omitted.
(17) Minor
expenses such as telegrams, long distance telephone calls, telephone service
at
the site, cellular telephone service, pager service, expressage, overnight
delivery service, and similar xxxxx cash items in connection with the
Work.
(18) Cost
of removal of all debris.
(19) Cost
incurred by Contractor for plotting, blueprinting and other document
reproduction.
(20) Cost
incurred due to any emergency affecting the safety of persons and property
not
covered by insurance proceeds.
(21) Cost
of providing information to, and cooperating with Owner in meeting requirements
imposed by the City, or County, or any lender providing funds for the
Project.
(22) Cost
of obtaining, maintaining and using all temporary services, including utilities,
sanitary facilities, temporary offices, safety provisions, etc.
(23) Cost
of crossing or protecting any public utilities or rights-of-way as
required.
(24) Cost
of protecting or repairing adjoining properties, if required.
(25) Other
cost reasonably incurred in the performance of the Work and in accordance with
standard and customary construction industry practices and
procedures.
(26) Discounts: Contractor
shall take advantage of all available cash and trade discounts funded in advance
by the Owner and the Cost of the Work shall be credited with
same. Any quantity discounts, rebates, refunds, etc. received for
work performed on the Project will be credited to the Cost of the
Work.
(27) Owner’s
and/or Tenant’s Right to Audit: The Contractor’s records, which shall
include but not be limited to accounting records, written policies and
procedures, subcontractor files (including proposals of successful and
unsuccessful bidders), original estimate, estimating work sheets,
correspondence, change order files (including documentation covering negotiated
settlements), and any other supporting evidence necessary to substantiate
charges related to this Agreement (all foregoing hereinafter referred to as
“records”) shall be open to inspection and subject to audit and/or reproduction,
during normal working hours, by Owner’s and/or Tenant’s agent or its authorized
representative to the extent necessary to adequately permit evaluation and
verification of any invoices, payments or claims submitted by the Contractor
or
any of his payees pursuant to the execution of this Agreement. Such
records subject to examination shall also include, but not be limited to, those
records necessary to evaluate and verify direct and indirect costs (including
overhead allocations) as they may apply to costs associated with this
Agreement.
(a) For
the purpose of such audits, inspections, examinations and evaluations, the
Owner’s and/or Tenant’s agent or authorized representative shall have access to
said records for the effective date of this Agreement for the duration of work
and until three (3) years (or longer if required by law), after the date of
final payment by Owner to Contractor pursuant to this Agreement.
(b) Owner’s
and/or Tenant’s agent or its authorized representative shall have access to
Contractor’s facilities, shall have access to all necessary records and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with this article. Owner’s and/or Tenant’s agent or
authorized representative shall give Contractor reasonable advance notice of
intended audits.
EXHIBIT
“C”
INSURANCE
AND BONDS
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I
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The
Contractor’s insurance, required by the above, shall be written for not
less than the following coverages and limits, or greater if required
by
law, and shall be maintained by insurance carriers reasonably acceptable
to the Owner and Owner’s lender.
|
1. Worker’s
Compensation:
a) State
- Statutory
b) Applicable
Federal Laws - Statutory
c) Employer’s
Liability
$1,000,000
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|
2.
|
Commercial
General Liability (including Independent Contractors, Products and
Completed Operation), with the following
limits:
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General
Aggregate $2,000,000.00
Products
- Comp/OPS
Aggregate $2,000,000.00
Personal
and Advertising
Injury $1,000,000.00
Each
Occurrence $1,000,000.00
Fire
Damage (any one
fire)
$50,000.00
Medical
Expense (any one
person) $5,000.00
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a)
|
Products
and Completed Operations shall be maintained for three (3) years
after
final payment for the Work with the total limits required
herein.
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b)
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Property
Damage Liability Insurance shall provide X, C and U
Coverage.
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c)
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Broad
Form Property Damage Coverage shall include Completed
Operations.
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d)
|
This
insurance as well as the Umbrella Excess Liability insurance shall
include
as Additional Insureds the following: (i) Owner, Owner’s employees, and
Owner’s representatives; and (ii) with respect to claims asserted by third
parties resulting from Contractor’s activities related to the Project,
Tenant, Tenant’s employees and Tenant’s
representatives.
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e) General
aggregate limits on the above shall apply per project.
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|
f)
|
Contractor’s
liability insurance shall be primary and non-contributory, except
with
respect to any claim resulting from the negligence or willful misconduct
of Tenant and its employees, agents and
contractors.
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3. Business
Auto Liability (including owned, non-owned and hired vehicles):
a) Bodily
Injury $1,000,000.00 Each
Person
$1,000,000.00 Each Occurrence
b) Property
Damage $1,000,000.00 Each
Occurrence
4. Umbrella
Excess
Liability:
$4,000,000.00 Over
primary insurance (minimum)
$10,000.00 Retention
for self-insured hazards each occurrence.
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If
the insurance is written on the Comprehensive General Liability policy
form, the Certificates shall be AIA Document G705, Certificate of
Insurance. If the insurance is written on a Commercial General
Liability policy form, XXXXX form 25S will be
acceptable.
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If
Contractor requests payment for material stored off-site or in transit,
then the Contractor shall provide insurance coverage for that portion
of
the work stored off-site or in transit subject to Owner’s approval and
based on the value established and agreed to in Owner’s
approval.
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II
|
Tenant
shall purchase and maintain, and/or self-insure builder’s risk insurance
upon the entire Work at the site to the full insurable value
thereof. Such coverage includes only building materials and
equipment that become a part of the Project and does not include
Contractor’s personal property such as tools and
equipment. This insurance shall name the Contractor as an
additional insured and shall include the interests of the Owner,
Tenant,
the Contractor, its Subcontractors and Sub-Subcontractors in the
Work and
shall cover “All Risks” of direct physical loss or damage to the property
coverage, excluding, however, Flood, Earthquake
and Theft of personal property left in the
open.
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Liability
for any loss or damages for the interest of parties not covered as
a
result of the deductible on any claim through the date of substantial
completion shall become a Cost of the Work per Exhibit “B” hereto,
provided however, such costs shall not be considered “Cost of the Work”
for purposes of computing Contractor’s
Fee.
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When
a loss occurs, the Contractor shall notify Tenant (with a copy to
Owner)
within three (3) working days so that a report can be made to the
insurance company. A detailed written report of the loss shall
be furnished to Tenant (with a copy to Owner) within ten (10) working
days
of the loss.
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III
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Unless
Tenant waives the requirement in writing prior to bond issuance,
prior to
commencement of Phase 1 or Phase 2 of the Work, Contractor shall
furnish
and deliver to Tenant a payment bond and performance bond, with Tenant
as
the obligee with the power to enforce the bonds, in a form mutually
acceptable to Owner, Tenant and surety. The bond amount of each
bond for Phases 1 and 2 shall be the Phase 1 and 2 GMP, unless otherwise
agreed by Tenant. The collective premium cost (including the
cost of any credit enhancement required by the surety as a condition
to
the bond issuance) of such bonds up to, but not in excess of, an
amount
equal to two percent (2%) of the Phase 1 and 2 GMP, shall be paid
by
Owner, with Contractor bearing any premium cost (including such credit
enhancement costs) in excess of that amount. Unless Tenant
waives the requirement in writing prior to bond issuance, prior to
commencement of Phase 3 of the Work, Contractor shall furnish and
deliver
to Tenant either a new payment bond and performance bond with Tenant
as
the obligee with the power to enforce the bonds, in a form mutually
acceptable to Owner, Tenant and surety, or, at Owner’s option, amended
payment and performance bonds for Phases 1 and 2 that includes the
increased face amount to cover the Phase 3 GMP. The bond amount
of each such new bond shall be the Phase 3 GMP, unless otherwise
agreed by
Tenant. The collective premium cost (including the cost of any
credit enhancement required by the surety as a condition to bond
issuance)
of such bonds up to, but not in excess of, an amount equal to two
percent
(2%) of the Phase 3 GMP shall be paid by Owner, with Contractor bearing
any premium cost (including such credit enhancement costs) in excess
of
that amount. The cost of all such premiums, whether paid by
Owner or Contractor, shall become a Cost of the Work per Exhibit
“B”
hereto, but such costs shall not be considered “Cost of the Work” for
purposes of computing Contractor’s
Fee.
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EXHIBIT
“D”
SPECIAL
PROVISIONS
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1.
|
Contractor
shall arrange for all on-site testing and inspections and obtain
only the
required Building Permits. The cost for these services is to be
included in the Contract Sum. The Owner shall pay all other
required fees for the Project.
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2.
|
The
Contractor shall, as part of his pay request, provide his and his
subcontractor’s and material supplier’s conditional lien waivers for each
progress payment requested and unconditional lien waivers for the
previous
month’s progress payment.
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3.
|
The
fee for changes in the Work shall be 5% of the cost of the Work as
defined
in Exhibit “B”.
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4.
|
Mediation
and Binding Arbitration - All monetary disputes where the amount
in
dispute is $200,000 or less (not including recoverable costs as defined
in
any statute or case law, attorneys’ fees, expert witness fees, costs
associated with arbitration including, but not limited to, the
arbitrator’s fees, and prejudgment interest), arising out of or relating
to this Agreement, shall be resolved by binding
arbitration. Judgment shall be entered upon the final award
unless satisfied as set forth
below.
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4.1.
|
The
parties may mutually agree to resolve any disputes by mediation,
but
mediation is not a prerequisite to
arbitration.
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4.2.
|
Commencement
of Arbitration. Arbitration shall be commenced by either party
demanding arbitration in writing and sending the written demand by
facsimile (if the facsimile number is known) and certified mail,
return
receipt requested, to the last known address of the
respondent.
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4.3.
|
Service. All
notices, pleadings, and papers shall be sent by facsimile after
commencement of arbitration, unless otherwise agreed to in
writing.
|
|
4.4.
|
Selection
of the Arbitrator. Within 10 days of a written demand for
arbitration, the parties shall mutually select a retired state or
federal
court judge or appellate court justice to act as the
arbitrator. If the parties cannot agree on the selection of an
arbitrator, the presiding judge of the state court closest to the
construction project at issue shall select an
arbitrator.
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4.5.
|
Location
of Arbitration. The arbitration shall take place within 75
miles of the construction project at issue, at a place mutually selected
by the parties. If the parties cannot agree on a location for
the arbitration, the arbitrator shall select the
location.
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4.6.
|
Arbitration
Date. The parties shall cooperate with the arbitrator in
setting an arbitration date. If the parties cannot agree on an
arbitration date, the arbitrator shall have the power to unilaterally
set
the arbitration date. The arbitration shall be completed within
150 days of the date of the commencement of arbitration, unless otherwise
agreed to in writing, or upon a showing of good cause to the
arbitrator.
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4.7.
|
Application
of Law. The parties shall be bound by, and the arbitrator shall
apply all the laws (without limitation) of the state in which the
construction project at issue is located, as if the case were being
tried
in a state court. The arbitrator shall have the power to
enforce subpoenas, issue sanctions, and issue any other orders necessary
to conduct the arbitration, as if the arbitrator were a superior
court
judge. There are no orders the arbitrator makes which require
trial court approval.
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4.8.
|
Communication
with Arbitrator. There shall be no ex parte communication with
the arbitrator, unless otherwise stated in this arbitration
provision.
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|
4.9.
|
Discovery. Each
party may propound the following (and only the following)
discovery: (1) three depositions (a deposition notice of a
corporate entity shall be deemed only one deposition even if multiple
people testify); (2) 35 interrogatories (either judicially approved
form
interrogatories or special interrogatories); (3) 35 requests for
admission; (4) 35 document requests; and (5) unlimited subpoenas
for
documents, records, and evidence to non-parties which the arbitrator
shall
issue. Each deposition shall last no longer than eight
hours. Depositions may be videotaped. All discovery
permitted by this arbitration provision shall be propounded and responded
to in accordance with the applicable state law. The arbitrator
shall have the power to hear motions to compel discovery responses
upon
reasonable notice.
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|
4.10.
|
Experts. The
parties may present expert testimony at arbitration only if the proposed
expert submits a written report at least 20 days prior to the
arbitration. The expert’s testimony shall be limited to the
subjects and opinions set forth in the written
report. Depositions of experts shall not be
permitted.
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4.11.
|
Summary
Judgment/Adjudication. The arbitrator shall have the power to
grant summary judgment/partial summary judgment (adjudication) on
reasonable notice. The applicable state laws for summary
judgment/partial summary judgment (adjudication) shall apply (except
with
regard to notice).
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4.12.
|
Prevailing
Party’s Right to Costs. The prevailing party (as that term is
defined in the applicable state law) shall recover all costs that
the
applicable state law permits, plus attorneys’ fees, expert witness fees,
costs associated with arbitration including, but not limited to,
the
arbitrator’s fees, and prejudgment
interest.
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4.13.
|
Preliminary
Hearing. Prior to the arbitration, the arbitrator shall conduct
a preliminary hearing and shall have the power to make orders and
hear
argument regarding the following: estimation of the length of
the hearing; the time required for presentation by each party; schedule
and location of hearings; stipulations to uncontested facts; stipulations
to the exchange and advance marking of exhibits; the exchange of
witness
lists and an outline of the witness’ testimony; the exchange of other
relevant information, including expert reports; stipulations to any
needed
additional discovery; submission of pre-hearing briefs; provision
for a
court reporter; and potential site
visits.
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4.14.
|
Conduct
of Arbitration. The parties may be represented by
counsel. The arbitrator shall hear oral testimony and provide
opportunity for cross-examination of
witnesses.
|
|
4.15.
|
Ex
Parte Award. The arbitrator shall have the right to issue an ex
parte award if a party refuses to participate or appear at a
hearing.
|
|
4.16.
|
Written
Opinion. Within 30 days of completion of the arbitration, the
arbitrator shall serve upon the parties a written opinion setting
forth
the arbitrator’s award and the reasons for the award. The
arbitrator shall make findings of fact, conclusions of law, and a
clear
calculation of the basis for each item of damages. Upon service
of the award, the arbitrator loses jurisdiction of the case (subject
to
awarding costs) unless, within 10 days, a party notifies the arbitrator
he
or she has made a material mistake of fact or law. Upon receipt
of such notice, the arbitrator shall have 10 days to amend the
award. If the arbitrator does not amend the award within the 10
day amendment period, the award shall be final. If the
arbitrator amends the award, the amended award shall be
final.
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|
4.17.
|
Award
of Costs. Within 30 days of service of the award, the
prevailing party may submit a memorandum of costs and any accompanying
motion to the arbitrator, who shall have jurisdiction to award costs,
attorneys’ fees, expert witness fees, costs associated with arbitration
including, but not limited to, the arbitrator’s fees, and prejudgment
interest (collectively “Costs”), pursuant to the provisions of this
arbitration agreement and applicable state law. The opposing
party shall have 15 days from service of the award to file any motion
to
tax the Costs. The prevailing party shall have 15 days from
service of the motion to tax the Costs to file any opposition to
the
motion. Any reply brief to the motion to tax the Costs must be
filed within five days from service of the opposition. The
arbitrator may award Costs without oral argument. The
arbitrator shall make any cost award within 15 days of final briefing
regarding same.
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|
4.18.
|
Final
Award. After ruling on the memorandum of Costs, the arbitrator
shall issue a final award, including any Costs. Within 10 days
of the date of the final award, parties may notify the arbitrator,
in
writing, of any material mistakes of fact or law in the award of
Costs in
the final award. Upon receipt of such notice, the arbitrator
shall have 10 days to correct the award of Costs in the final
award. If the arbitrator does not amend the final award within
the 10 day amendment period, the final award shall be
final.
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4.19.
|
Satisfaction
of the Final Award. Upon receipt of the final award, the losing
party, if any, shall pay the award within 10 days, or the award shall
be
confirmed into a judgment, including Costs, upon motion, with no
need for
oral argument or a personal appearance. The court will confirm
the award into a judgment upon receipt of: (1) a copy of the
final award; (2) a declaration from counsel for the prevailing party,
under penalty of perjury, that the award filed with the court was
received
from the arbitrator and has not been satisfied as set forth in this
arbitration provision; and (3) a proposed judgment. There is no
right to appeal.
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|
4.20.
|
Arbitration
Costs and Fees. Prior to a final judgment and award of Costs,
the parties shall each pay half the costs of the arbitration, including
the arbitrator’s fees.
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|
4.21.
|
Punitive
Damages. Under no circumstances will the arbitrator have the
power to award punitive damages to any
party.
|
|
4.22.
|
Injunctive
Relief. Nothing in this arbitration provision shall preclude a
party from seeking injunctive relief or any provisional remedy from
the
court.
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5.
|
Owner
and Contractor are entering into this Agreement for purposes of
constructing “Tenant Improvements” as provided in the Lease between Owner,
as Landlord, and Nevada Power Company, a Nevada corporation (“Tenant”), as
Tenant, for leased premises consisting of Building 5 (the “Building”) on
approximately 16.00 acres of land generally located at 0000 Xxxxxxx
Xxxx,
Xxx Xxxxx, Xxxxxx, together with approximately 15.94 acres of adjacent
land (the “Additional Land”) (the “Lease”). Contractor
acknowledges and understands that Contractor is “Landlord’s Contractor,”
and that this Agreement is the “Tenant Improvement Contract” as those
terms are used in the Lease and defined in Article 14 of the Lease.
Owner
and Contractor acknowledge and agree that Tenant is an intended,
third-party beneficiary of this Agreement and the other Contract
Documents, with right and authority to enforce the provisions of
this
Agreement and to pursue remedies for breach of this
Agreement. Owner, Contractor, and Tenant acknowledge and agree
that the Architect has been retained and paid by Tenant, for Tenant’s
benefit, to provide the Drawings and Specifications, and to perform
the
services of the Architect provided for or contemplated in this
Agreement. No amendment, modification or supplement to this
Agreement or any other Contract Document shall be effective without
the
written consent or written approval of either Tenant or Xxxxx (as
defined
in Section 6 below).
|
|
6.
|
A
party serving as an Owner’s representative, acting in that capacity, shall
have the right to act for and on behalf of Owner, exercise all
right and authority of Owner, and bind Owner with respect to this
Agreement and the provisions of the Contract Documents as provided
in
Sections 6.1, 6.2, 6.3, 6.4 and 6.5 below. Owner shall have two
(2) Owner’s representatives. One Owner’s representative shall
be Xxxxxxx Xxxxx, Director of Administrative Services of Tenant,
0000 Xxxx
Xxxxxx Xxxxxx, Xxx Xxxxx, Xxxxxx 00000. The other Owner’s
representative shall be Xxxxxx X. Xxxxxx (“Xxxxxx”). Tenant,
and not Owner, shall have the sole and exclusive right to remove
Xxxxxxx
Xxxxx as an Owner representative and/or to replace her (or any of
her
successors in that capacity) with another person. Xxxxxxx
Xxxxx, and each of her successor replacements as Owner representative,
is
hereinafter referred to in that capacity as “Xxxxx.” Owner
acknowledges and agrees that Xxxxx is being given the right and authority
as Owner’s representative to protect the interests of Tenant with respect
to the Project, and that Xxxxx shall have no express or implied duty,
obligation or responsibility, whether fiduciary or otherwise,
to act to the detriment of Tenant or for the benefit of Owner in
the
exercise of her authority in that
capacity.
|
|
|
6.1
|
Xxxxx,
acting alone as Owner’s representative, shall have the sole and exclusive
right and authority, in her sole discretion (and Owner hereby gives
and
grants to Xxxxx the sole and exclusive right and authority) to act
for and
on behalf of Owner, exercise all right and authority of Owner, and
bind
Owner in Owner’s capacity as “Owner” and/or “Obligee” in, under, and with
respect to any payment bond and any performance bond (each, a “Bond” and
together the “Bonds”) furnished and delivered to Tenant as provided in
Section III of Exhibit “C”. With respect to a performance Bond,
such right and authority shall include, but shall not be limited
to, the
right and authority to (i) consider declaring a Contractor Default
(as
that term is used and defined in the Bond) under the Bond, (ii) give
notice (a “CD Notice”) to Contractor and/or the Bond surety that Owner is
considering declaring a Contractor Default and/or (iii) declare a
Contractor Default. With respect to a payment Bond, such right
and authority shall include, but shall not be limited to, the right
and
authority to (1) give notice (a “Claim Notice”) to Contractor and/or the
Bond surety of any claims, demands, liens or suits for the payment
for
labor, materials or equipment furnished for use in the performance
of this
Agreement and/or (2) tender defense of such claims, demands, liens
or
suits to the Contractor and the surety. Further, upon,
and at all times following the dispatch of any CD Notice or any Claim
Notice, Xxxxx, acting alone as Owner’s representative, shall have the sole
and exclusive right and authority, in her sole discretion, to act
for and
on behalf of Owner, exercise all right and authority of Owner, and
bind
Owner with respect to all Contract Documents, and all provisions
thereof,
save and except for those provisions in which such authority is expressly
reserved to Architect. Such right and authority of Xxxxx shall
include the sole and exclusive right and authority to act for and
on
behalf of Owner, exercise all right and authority of Owner, and bind Owner
with respect to all disputes and issues (and with respect to the
resolution of all disputes and issues) arising under the Contract
Documents, including disputes and issues that may have arisen at
any time
prior to dispatch of a CD Notice or Claim Notice, as well as those
that
may be related to, or that may arise after dispatch of a CD Notice
or
Claim Notice. Each and all sureties of the Bonds are intended
third-party beneficiaries of the provisions of this Section 6.1,
which
provisions are included in the Contract Documents with the intent
that the
sureties be able to rely thereon. In the event of conflict
between the foregoing provisions of this Section 6.1 and any other
provision of any of the Contract Documents, including the subsequent
provisions of this Section 6, the foregoing provisions shall govern
and
prevail.
|
|
|
6.2
|
In
addition to the foregoing, Xxxxx, acting alone as Owner’s
representative, shall have the sole and exclusive right and authority,
in
her sole discretion, to act for and on behalf of Owner, exercise
all right
and authority of Owner, and bind Owner under and with respect to
the
following provisions of the Contract Documents except as to authority
expressly reserved to Architect in those
provisions:
|
|
This
Agreement:
|
General
Conditions:
|
|
Article
10
|
§1.1.2
|
|
§12.1.8
|
§1.6.2.1
(as added by Supplementary Conditions)
|
|
§12.2.5
|
§2.3
|
|
§13.2
|
§2.4
|
|
§13.4
|
§3.4.2
(as amended by Supplementary Conditions)
|
|
Section
4 of this Exhibit “D”
|
§4.2.1
|
|
§4.2.8
|
|
|
§5.2
(as amended by Supplementary Conditions)
|
|
|
Article
7
|
|
|
§9.8.2
|
|
|
§11.5.1
|
|
|
§12.2.2.1
|
|
|
§12.2.2.4
(as added by Supplementary Conditions)
|
|
|
§12.3.1
|
|
|
§14.2
|
|
|
§14.3
|
|
6.3
|
Except
as provided in Section 6.1 above, either Owner’s representative, Xxxxx or
Xxxxxx, acting alone as Owner’s representative, shall have the right and
authority, in his or her sole discretion, to act for and on behalf
of
Owner, exercise all right and authority of Owner, and bind Owner
under and
with respect to the following provisions of the Contract Documents,
except
as to authority expressly reserved to Architect in those
provisions:
|
|
This
Agreement:
|
General
Conditions:
|
|
Article
11
|
§3.2
(as amended by Supplementary Conditions)
|
|
§12.1.7.2
|
§4.3
(as amended by Supplementary Conditions)
|
|
§12.1.9
|
§9.3.2
|
|
§9.10.2
|
|
|
Section
11 of this Exhibit “D”
|
§13.5.2
|
|
6.4
|
Except
as provided in Section 6.1 above, both Owner’s representatives, Xxxxx and
Xxxxxx, must act jointly, as Owner’s representatives, to act for and on
behalf of Owner, exercise all right and authority of Owner, and
bind Owner
under and with respect to the following provisions of the Contract
Documents, except as to authority expressly reserved to Architect
in those
provisions:
|
|
This
Agreement:
|
General
Conditions:
|
|
§13.1
|
§1.7
(as added by Supplementary Conditions)
|
|
§9.9.2
|
|
|
§14.4
|
|
6.5
|
Except
as provided in Section 6.1 above, Xxxxxx, acting alone as Owner’s
representative, shall have the sole and exclusive right and authority,
in
his sole discretion, to act for and on behalf of Owner, exercise
all right
and authority of Owner, and bind Owner under and with respect to
provisions of the Contract Documents not listed in 6.2, 6.3 or 6.4
above,
except as to authority expressly reserved to Architect in those not-listed
provisions.
|
|
7.
|
Owner
shall provide a copy to Xxxxx on behalf of Tenant of each notice
that
Owner receives from Contractor or Architect pursuant to the Contract
Documents.
|
|
8.
|
No
progress payment, final payment nor any remaining retained percentage
shall become due to Contractor until Xxxxx approves such
payment.
|
|
9.
|
Contractor
waives any right to stop work pursuant to Nevada Revised Statutes
108.2403.
|
|
10.
|
Contractor
acknowledges that the Project is located on land owned by Xxxxx County,
Nevada. Contractor agrees on behalf of itself, its
Subcontractors, suppliers and consultants and their employees that
there
is no legal right to file a lien upon Xxxxx County-owned property
and will
not file a mechanic’s lien or otherwise assert any claim against Xxxxx
County’s real estate or leasehold interest on account of any work done,
labor performed or materials furnished under the Contract
Documents. Contractor agrees to indemnify, defend and hold
Xxxxx County and Owner harmless from any liens filed upon Xxxxx County’s
property or leasehold interest and shall promptly take all necessary
legal
action to ensure the removal of any such lien at Contractor’s sole
expense.
|
|
11.
|
If
the Project or any portion of the Project becomes encumbered by a
notice
of lien recorded under Nevada Revised Statutes 108.2212 or 108.246,
inclusive, for work, materials or equipment constituting a portion
of the
Work, Contractor, at Contractor's cost and expense with no increase
in the
Guaranteed Maximum Price shall (i) defend Owner and Tenant in any
action
brought upon that lien and (ii) upon written request from Owner,
promptly
cause the discharge and release of the lien unless at the time of
recording of the notice of lien, (a) the same work, materials or
equipment
are the subject of an Application for Payment that has remained unpaid
for
a period of thirty days or more following receipt by Architect of
the
Application for Payment and all items and materials requested by
Architect
thereafter with respect thereto and (b) either Architect has failed
to
respond to the Application for Payment within ten days of such receipt
or
Owner has failed to pay any resulting Certificate of Payment from
Architect within twenty days of Owner's receipt of such Certificate
of
Payment. Any costs incurred in connection with the foregoing
shall become a Cost of the Work per Exhibit “B” hereto, provided however,
such costs shall not be considered “Cost of the Work” for purposes of
computing Contractor’s Fee and, as provided above, shall not result in an
increase in the Guaranteed Maximum
Price.
|
|
12.
|
The
Work shall be performed in three phases (each a “Phase”). Xxxxx
0 of the Work shall consist of the construction of the Tenant Improvements
for the Building, exclusive of the control room work. Phase 2
of the Work shall consist of the construction of the construction
of
improvements to be located on the Additional Land. Phase 3 of
the Work shall consist of the construction of the control room at
the
Building.
|
|
13.
|
Whenever
required by the context of the Contract Documents, the singular shall
include the plural; the plural shall include the singular; and the
masculine, feminine and neuter genders shall include the
others.
|
EXHIBIT
“X-0”
XXXX
XX XXXXX 0 DOCUMENTS
Job
Name Xxxxxxx
Xxxxxxxx Xxxx Xxxxxxxxx Xx. 0, Xxxx 0. - Nevada Power T.I. Job
No: 1914
|
I.
|
Supplementary
Conditions (Reference Article 15.1.3), which are appended to
the end of the General Conditions of the
Contract.
|
|
II.
|
Specifications (Reference
Article 15.1.4)
|
Not
Applicable
|
III.
|
Drawings (Reference
Article 15.1.5)
|
See
attached.
|
IV.
|
Addenda (Reference
Article 15.1.6)
|
Not
Applicable
|
V.
|
the
Project Manual - Nevada Power South District Operations Center -
Tenant
Improvements, dated January 22,
2007
|
TENANT
IMPROVEMENT DRAWINGS
Architectural
drawings prepared by SH Architecture, located at 0000 Xxxx Xxxxx, Xxxxx 000,
Xxx
Xxxxx, XX 00000.
|
General
Information
|
|||
|
SHEET
#
|
DESCRIPTION
|
REVISIONS
|
DATE
|
|
G0.00
|
COVER
SHEET
|
1/22/07
|
|
|
G1.10
|
GENERAL
INFORMATION
|
1/22/07
|
|
|
G2.10
|
1ST
FLOOR CODE
AND EXITING PLAN
|
1/22/07
|
|
|
G2.10A
|
1ST
FLOOR CODE
AND EXITING PLAN
|
A
|
7/09/07
|
|
G2.11
|
2ND
FLOOR CODE
AND EXITING PLAN
|
1/22/07
|
|
|
G2.11A
|
2ND
FLOOR CODE
AND EXITING PLAN
|
A
|
7/09/07
|
|
G3.10
|
FIRE
RATED ASSEMBLIES
|
1/22/07
|
|
|
G3.11
|
FIRE
STOP PENETRATIONS
|
1/22/07
|
|
|
G4.10
|
MASTER
SITE PLAN
|
1/22/07
|
|
|
Architectural
Drawings
|
|||
|
SHEET
#
|
DESCRIPTION
|
REVISIONS
|
DATE
|
|
A1.10
|
SITE
XXXX/XXXXXXX XXXXX XXXX XXXXX 0
|
1/22/07
|
|
|
A1.11
|
OVERALL
FLOOR PLAN XXXXX 0
|
0/00/00
|
|
|
X0.00
|
XXXXXXX
XXXXX XXXX-XXXXX 1-AREA 1
|
2
|
4/04/07
|
|
A2.11
|
PARTIAL
FLOOR PLAN-LEVEL 1-AREA 2
|
2
|
4/04/07
|
|
A2.12
|
PARTIAL
FLOOR PLAN-LEVEL 1-AREA 3
|
2
|
4/04/07
|
|
A2.13
|
PARTIAL
FLOOR PLAN-LEVEL 1-AREA 4
|
2
|
4/04/07
|
|
A2.14
|
PARTIAL
FLOOR PLAN-LEVEL 1-AREA 5
|
1/22/07
|
|
|
A2.15
|
PARTIAL
FLOOR PLAN-LEVEL 1-AREA 6
|
1/22/07
|
|
|
A2.16
|
PARTIAL
FLOOR PLAN-LEVEL 1-AREA 7
|
1/22/07
|
|
|
A2.20
|
PARTIAL
FLOOR PLAN-LEVEL 2-AREA 1
|
1/22/07
|
|
|
A2.21
|
PARTIAL
FLOOR PLAN-LEVEL 2-AREA 2
|
1/22/07
|
|
|
A2.22
|
PARTIAL
FLOOR PLAN-LEVEL 2-AREA 3
|
1/22/07
|
|
|
A2.23
|
PARTIAL
FLOOR PLAN-LEVEL 2-AREA 4
|
1/22/07
|
|
|
A2.30
|
ENLARGED
REST ROOM PLANS & INTERIOR ELEV.
|
1/22/07
|
|
|
A2.31
|
ENLARGED
REST ROOM PLANS & INTERIOR ELEV.
|
1/22/07
|
|
|
A2.32
|
ENLARGED
REST ROOM PLANS & INTERIOR ELEV.
|
1/22/07
|
|
|
A2.33
|
ENLARGED
REST ROOM PLANS & INTERIOR ELEV.
|
1/22/07
|
|
|
A2.34
|
ENLARGED
REST ROOM PLANS & INTERIOR ELEV.
|
1/22/07
|
|
|
A2.35
|
ENLARGED
REST ROOM PLANS & INTERIOR ELEV.
|
1/22/07
|
|
|
A2.36
|
ENLARGED
REST ROOM PLANS & INTERIOR ELEV.
|
1/22/07
|
|
|
A2.40
|
PARTITION
TYPES
|
1/22/07
|
|
|
A3.10
|
REFLECTED
CEILING PLAN LEVEL 1-AREA 1
|
1/22/07
|
|
|
A3.11
|
REFLECTED
CEILING PLAN LEVEL 1-AREA 2
|
1/22/07
|
|
|
A3.12
|
REFLECTED
CEILING PLAN LEVEL 1-AREA 3
|
1/22/07
|
|
|
A3.13
|
REFLECTED
CEILING PLAN LEVEL 1-AREA 4
|
1/22/07
|
|
|
A3.14
|
REFLECTED
CEILING PLAN LEVEL 1-AREA 5
|
1/22/07
|
|
|
A3.15
|
REFLECTED
CEILING PLAN LEVEL 1-AREA 6
|
1/22/07
|
|
|
A3.16
|
REFLECTED
CEILING PLAN LEVEL 1-AREA 7
|
1/22/07
|
|
|
A3.20
|
REFLECTED
CEILING PLAN LEVEL 1-AREA 1
|
1/22/07
|
|
|
A3.21
|
REFLECTED
CEILING PLAN LEVEL 2-AREA 2
|
1/22/07
|
|
|
A3.22
|
REFLECTED
CEILING PLAN LEVEL 2-AREA 3
|
1/22/07
|
|
|
A3.23
|
REFLECTED
CEILING PLAN LEVEL 2-AREA 4
|
1/22/07
|
|
|
A3.30
|
CEILING
DETAILS
|
1/22/07
|
|
|
A4.10
|
ROOF
PLAN
|
1/22/07
|
|
|
A5.10
|
EXTERIOR
ELEVATIONS
|
1/22/07
|
|
|
A5.11
|
EXTERIOR
ELEVATIONS
|
1/22/07
|
|
|
A6.10
|
BUILDING
SECTIONS
|
1/22/07
|
|
|
A7.10
|
WALL
SECTIONS
|
1/22/07
|
|
|
A7.11
|
WALL
SECTIONS
|
1/22/07
|
|
|
A7.12
|
WALL
SECTIONS
|
1/22/07
|
|
|
A8.10
|
STAIR
PLANS AND SECTIONS
|
1/22/07
|
|
|
A8.11
|
STAIR
PLANS AND SECTIONS
|
1/22/07
|
|
|
A8.20
|
ELEVATOR
PLANS AND SECTIONS
|
1/22/07
|
|
|
A8.30
|
STAIR
DETAILS
|
1/22/07
|
|
|
A9.10
|
INTERIOR
ELEVATIONS
|
1/22/07
|
|
|
A9.11
|
INTERIOR
ELEVATIONS
|
1/22/07
|
|
|
A9.12
|
INTERIOR
ELEVATIONS
|
1/22/07
|
|
|
A10.10
|
FINISH
PLAN LEVEL 1-AREA 1
|
1/22/07
|
|
|
A10.11
|
FINISH
PLAN LEVEL 1-AREA 2
|
1/22/07
|
|
|
A10.12
|
FINISH
PLAN LEVEL 1-AREA 3
|
1/22/07
|
|
|
A10.13
|
FINISH
PLAN LEVEL 1-AREA 4
|
1/22/07
|
|
|
A10.14
|
FINISH
PLAN LEVEL 1-AREA 5
|
1/22/07
|
|
|
A10.15
|
FINISH
PLAN LEVEL 1-AREA 6
|
1/22/07
|
|
|
A10.16
|
FINISH
PLAN LEVEL 1-AREA 7
|
1/22/07
|
|
|
A10.20
|
FINISH
PLAN LEVEL 2-AREA 1
|
1/22/07
|
|
|
A10.21
|
FINISH
PLAN LEVEL 2-AREA 2
|
1/22/07
|
|
|
A10.22
|
FINISH
PLAN LEVEL 2-AREA 3
|
1/22/07
|
|
|
A10.23
|
FINISH
PLAN LEVEL 2-AREA 4
|
1/22/07
|
|
|
A11.10
|
DOOR
SCHEDULE AND TYPES
|
1/22/07
|
|
|
A11.20
|
DOOR
DETAILS
|
1/22/07
|
|
|
A11.30
|
WINDOW
TYPES
|
1/22/07
|
|
|
A12.10
|
CASEWORK
|
1/22/07
|
|
Structural
drawings prepared by Xxxxxxxxxx Xxxxx Structural Engineers located at 0000
Xxx
Xxxx Xxxxxx, Xxxxx X, Xxx Xxxxx, XX 00000.
|
Structural
Drawings
|
|||
|
SHEET
#
|
DESCRIPTION
|
REVISIONS
|
DATE
|
|
S1.01
|
GENERAL
STRUCTURAL NOTES & INFORMATION
|
1
|
3/30/07
|
|
S1.02
|
SCHEDULES
|
1
|
3/30/07
|
|
S1.03
|
TYPICAL
DETAILS
|
1
|
3/30/07
|
|
S1.04
|
TYPICAL
DETAILS
|
1
|
3/30/07
|
|
S2.01
|
PARTIAL
FOUNDATION PLAN
|
1
|
3/30/07
|
|
S2.02
|
PARTIAL
FOUNDATION PLAN
|
1
|
3/30/07
|
|
S2.03
|
PARTIAL
FOUNDATION PLAN
|
1
|
3/30/07
|
|
S2.04
|
PARTIAL
FOUNDATION PLAN
|
1
|
3/30/07
|
|
S2.05
|
PARTIAL
FOUNDATION PLAN
|
1
|
3/30/07
|
|
S2.06
|
PARTIAL
FOUNDATION PLAN
|
1
|
3/30/07
|
|
S2.07
|
PARTIAL
FOUNDATION PLAN
|
1
|
3/30/07
|
|
S3.01
|
PARTIAL
FLOOR FRAMING PLAN
|
1
|
3/30/07
|
|
S3.02
|
PARTIAL
FLOOR FRAMING PLAN
|
1
|
3/30/07
|
|
S3.03
|
PARTIAL
FLOOR FRAMING PLAN
|
1
|
3/30/07
|
|
S3.04
|
PARTIAL
FLOOR FRAMING PLAN
|
1
|
3/30/07
|
|
S3.05
|
PARTIAL
FLOOR FRAMING PLAN
|
1
|
3/30/07
|
|
S3.06
|
PARTIAL
FLOOR FRAMING PLAN
|
1
|
3/30/07
|
|
S3.07
|
PARTIAL
FLOOR FRAMING PLAN
|
1
|
3/30/07
|
|
S4.01
|
PARTIAL
INTERIOR ROOF FRAMING PLAN
|
1
|
3/30/07
|
|
S4.02
|
PARTIAL
INTERIOR ROOF FRAMING PLAN
|
1
|
3/30/07
|
|
S4.03
|
PARTIAL
INTERIOR ROOF FRAMING PLAN
|
1
|
3/30/07
|
|
S4.04
|
PARTIAL
INTERIOR ROOF FRAMING PLAN
|
1
|
3/30/07
|
|
S5.01
|
FOUNDATION
DETAILS
|
1
|
3/30/07
|
|
S6.01
|
FLOOR
FRAMING DETAILS
|
1
|
3/30/07
|
|
S6.02
|
FLOOR
FRAMING DETAILS
|
1
|
3/30/07
|
Mechanical
drawings prepared by MSA Engineering Consultants located at 0000 Xxxxx Xxxxxx,
Xxxxx 000, Xxx Xxxxx, XX 00000.
|
Mechanical
Drawings
|
|||
|
SHEET
#
|
DESCRIPTION
|
REVISIONS
|
DATE
|
|
M0.00
|
SYMBOL
LIST, SPECIFICATIOS & DWG LIST
|
2
|
4/04/07
|
|
M0.01
|
MECHANICAL
SCHEDULES
|
2
|
4/04/07
|
|
M0.02
|
MECHANICAL
SCHEDULES
|
2
|
4/04/07
|
|
M0.05
|
MECHANICAL
DETAILS
|
2
|
4/04/07
|
|
M0.06
|
MECHANICAL
DETAILS
|
2
|
4/04/07
|
|
M0.07
|
MECHANICAL
DETAILS
|
2
|
4/04/07
|
|
M0.08
|
MECHANICAL
DETAILS
|
2
|
4/04/07
|
|
M0.10
|
CONTROL
DIAGRAMS
|
2
|
4/04/07
|
|
M0.11
|
CONTROL
DIAGRAMS
|
2
|
4/04/07
|
|
M0.15
|
IECC
COMPLIANCE CERTIFICATE
|
2
|
4/04/07
|
|
M1.00
|
OVERALL
MECHANICAL DEMOLITION PLAN
|
2
|
4/04/07
|
|
M2.10
|
PARTIAL
MECHANICAL PLAN LEVEL 1 – AREA 1
|
2
|
4/04/07
|
|
M2.11
|
PARTIAL
MECHANICAL PLAN LEVEL 1 – AREA 2
|
2
|
4/04/07
|
|
M2.12
|
PARTIAL
MECHANICAL PLAN LEVEL 1 – AREA 3
|
2
|
4/04/07
|
|
M2.13
|
PARTIAL
MECHANICAL PLAN LEVEL 1 – AREA 4
|
2
|
4/04/07
|
|
M2.14
|
PARTIAL
MECHANICAL PLAN LEVEL 1 – AREA 5
|
2
|
4/04/07
|
|
M2.15
|
PARTIAL
MECHANICAL PLAN LEVEL 1 – AREA 6
|
2
|
4/04/07
|
|
M2.16
|
PARTIAL
MECHANICAL PLAN LEVEL 1 – AREA 7
|
2
|
4/04/07
|
|
M2.20
|
PARTIAL
MECHANICAL PLAN LEVEL 2 – AREA 1
|
2
|
4/04/07
|
|
M2.21
|
PARTIAL
MECHANICAL PLAN LEVEL 2 – AREA 2
|
2
|
4/04/07
|
|
M2.22
|
PARTIAL
MECHANICAL PLAN LEVEL 2 – AREA 3
|
2
|
4/04/07
|
|
M2.23
|
PARTIAL
MECHANICAL PLAN LEVEL 2 – AREA 4
|
2
|
4/04/07
|
|
M3.10
|
PARTIAL
MECHANICAL PIPING LEVEL 1 – AREA 1
|
2
|
4/04/07
|
|
M3.11
|
PARTIAL
MECHANICAL PIPING LEVEL 1 – AREA 2
|
2
|
4/04/07
|
|
M3.12
|
PARTIAL
MECHANICAL PIPING LEVEL 1 – AREA 3
|
2
|
4/04/07
|
|
M3.13
|
PARTIAL
MECHANICAL PIPING LEVEL 1 – AREA 4
|
2
|
4/04/07
|
|
M3.20
|
PARTIAL
MECHANICAL PIPING LEVEL 2 – AREA 1
|
2
|
4/04/07
|
|
M3.21
|
PARTIAL
MECHANICAL PIPING LEVEL 2 – AREA 2
|
2
|
4/04/07
|
|
M3.22
|
PARTIAL
MECHANICAL PIPING LEVEL 2 – AREA 3
|
2
|
4/04/07
|
|
M3.23
|
PARTIAL
MECHANICAL PIPING LEVEL 2 – AREA 4
|
2
|
4/04/07
|
|
M4.00
|
COOLING
TOWER MECHANICAL PLAN
|
2
|
4/04/07
|
Plumbing
drawings prepared by MSA Engineering Consultants located at 0000 Xxxxx Xxxxxx,
Xxxxx 000, Xxx Xxxxx, XX 00000.
|
Plumbing
Drawings
|
|||
|
SHEET
#
|
DESCRIPTION
|
REVISIONS
|
DATE
|
|
P0.00
|
SYMBOL
LIST, SPECIFICATIONS, & DWG INDEX
|
2
|
4/04/07
|
|
P0.01
|
PLUMBING
SCHEDULES
|
2
|
4/04/07
|
|
P0.05
|
PLUMBING
DETAILS
|
2
|
4/04/07
|
|
P0.06
|
PLUMBING
DETAILS
|
2
|
4/04/07
|
|
P0.07
|
PLUMBING
DETAILS
|
2
|
4/04/07
|
|
P0.10
|
GAS
ISOMETRIC
|
2
|
4/04/07
|
|
P0.11
|
GAS
ISOMETRIC
|
2
|
4/04/07
|
|
P1.00
|
OVERALL
PLUMBING DEMOLITION PLAN
|
2
|
4/04/07
|
|
P2.10
|
PARTIAL
PLUMBING PLAN LEVEL 1 – AREA 1
|
2
|
4/04/07
|
|
P2.11
|
PARTIAL
PLUMBING PLAN LEVEL 1 – AREA 2
|
2
|
4/04/07
|
|
P2.12
|
PARTIAL
PLUMBING PLAN LEVEL 1 – AREA 3
|
2
|
4/04/07
|
|
P2.13
|
PARTIAL
PLUMBING PLAN LEVEL 1 – AREA 4
|
2
|
4/04/07
|
|
P2.14
|
PARTIAL
PLUMBING PLAN LEVEL 1 – AREA 5
|
2
|
4/04/07
|
|
P2.15
|
PARTIAL
PLUMBING PLAN LEVEL 1 – AREA 6
|
2
|
4/04/07
|
|
P2.16
|
PARTIAL
PLUMBING PLAN LEVEL 1 – AREA 7
|
2
|
4/04/07
|
|
P2.17
|
PARTIAL
PLUMBING PLAN LEVEL 1 – AREA 8
|
2
|
4/04/07
|
|
P2.20
|
PARTIAL
PLUMBING PLAN LEVEL 2– AREA 1
|
2
|
4/04/07
|
|
P2.21
|
PARTIAL
PLUMBING PLAN LEVEL 2– AREA 2
|
2
|
4/04/07
|
|
P2.22
|
PARTIAL
PLUMBING PLAN LEVEL 2– AREA 3
|
2
|
4/04/07
|
|
P2.23
|
PARTIAL
PLUMBING PLAN LEVEL 2– AREA 4
|
2
|
4/04/07
|
|
P5.00
|
ENLARGED
PLUMBING PLANS
|
2
|
4/04/07
|
|
P5.01
|
ENLARGED
PLUMBING PLANS
|
2
|
4/04/07
|
|
P5.02
|
ENLARGED
PLUMBING PLANS
|
2
|
4/04/07
|
|
P5.03
|
ENLARGED
PLUMBING PLANS
|
2
|
4/04/07
|
|
P5.04
|
ENLARGED
PLUMBING PLANS
|
2
|
4/04/07
|
|
P5.05
|
ENLARGED
PLUMBING PLANS
|
2
|
4/04/07
|
|
PFS4.0
|
FOOD
SERVICE PLUMBING PLANS
|
2
|
4/04/07
|
Electrical
Plans prepared by MSA Engineering Consultants located at 0000 Xxxxx Xxxxxx,
Xxxxx 000, Xxx Xxxxx, XX 00000.
|
Electrical
Drawings
|
|||
|
SHEET
#
|
DESCRIPTION
|
REVISIONS
|
DATE
|
|
E0.00
|
SYMBOL
LIST, SPECIFICATIONS & DWG INDEX
|
3
|
4/20/07
|
|
E0.01
|
SINGLE
LINE DIAGRAM, NOTES & SCHEDULES
|
3
|
4/20/07
|
|
E0.02
|
SINGLE
LINE DIAGRAM
|
3
|
4/20/07
|
|
E0.03
|
SINGLE
LINE DIAGRAM
|
3
|
4/20/07
|
|
E0.04
|
SINGLE
LINE DIAGRAM
|
3
|
4/20/07
|
|
E0.05
|
SINGLE
LINE DIAGRAM
|
3
|
4/20/07
|
|
E0.06
|
PANEL
SCHEDULES
|
3
|
4/20/07
|
|
E0.07
|
PANEL
SCHEDULES
|
3
|
4/20/07
|
|
E0.08
|
PANEL
SCHEDULES
|
1/22/07
|
|
|
E0.09
|
PANEL
SCHEDULES
|
3
|
4/20/07
|
|
E0.10
|
PANEL
SCHEDULES
|
3
|
4/20/07
|
|
E0.11
|
PANEL
SCHEDULES
|
3
|
4/20/07
|
|
E0.20
|
ENLARGED
ELECTRIC ROOM PLANS LEVEL 1
|
3
|
4/20/07
|
|
E0.21
|
ENLARGED
ELECTRIC ROOM PLANS LEVEL 1
|
1/22/07
|
|
|
E0.22
|
ENLARGED
ELECTRIC ROOM PLANS LEVEL 2
|
1/22/07
|
|
|
E0.30
|
LIGHTING
FIXTURE SCHEDULE
|
1/22/07
|
|
|
E0.31
|
ELECTRICAL
DETAILS
|
3
|
4/20/07
|
|
E0.32
|
LIGHTING
COMPLIANCE CERTIFICATE
|
1/22/07
|
|
|
E1.10
|
SITE
ELECTRICAL PLAN
|
2
|
4/04/07
|
|
E2.10
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 1 – AREA 1
|
1/22/07
|
|
|
E2.11
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 1 – AREA 2
|
1/22/07
|
|
|
E2.12
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 1 – AREA 3
|
3
|
4/20/07
|
|
E2.13
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 1 – AREA 4
|
1/22/07
|
|
|
E2.14
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 1 – AREA 5
|
3
|
4/20/07
|
|
E2.15
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 1 – AREA 6
|
1/22/07
|
|
|
E2.16
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 1 – AREA 7
|
1/22/07
|
|
|
E2.20
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 2 – AREA 1
|
1/22/07
|
|
|
E2.21
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 2 – AREA 2
|
1/22/07
|
|
|
E2.22
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 2 – AREA 3
|
1/22/07
|
|
|
E2.23
|
PARTIAL
POWER & SIGNAL PLAN LEVEL 2 – AREA 4
|
1/22/07
|
|
|
E3.10
|
PARTIAL
LIGHTING PLAN LEVEL 1 – AREA 1
|
1/22/07
|
|
|
E3.11
|
PARTIAL
LIGHTING PLAN LEVEL 1 – AREA 2
|
1/22/07
|
|
|
E3.12
|
PARTIAL
LIGHTING PLAN LEVEL 1 – AREA 3
|
1/22/07
|
|
|
E3.13
|
PARTIAL
LIGHTING PLAN LEVEL 1 – AREA 4
|
1/22/07
|
|
|
E3.14
|
PARTIAL
LIGHTING PLAN LEVEL 1 – AREA 5
|
1/22/07
|
|
|
E3.15
|
PARTIAL
LIGHTING PLAN LEVEL 1 – AREA 6
|
1/22/07
|
|
|
E3.16
|
PARTIAL
LIGHTING PLAN LEVEL 1 – AREA 7
|
1/22/07
|
|
|
E3.20
|
PARTIAL
LIGHTING PLAN LEVEL 2 – AREA 1
|
1/22/07
|
|
|
E3.21
|
PARTIAL
LIGHTING PLAN LEVEL 2 – AREA 2
|
1/22/07
|
|
|
E3.22
|
PARTIAL
LIGHTING PLAN LEVEL 2 – AREA 3
|
1/22/07
|
|
|
E3.23
|
PARTIAL
LIGHTING PLAN LEVEL 2 – AREA 4
|
1/22/07
|
|
|
EFS4.0
|
FOOD
SERVICE ELECTRICAL PLANS
|
1/22/07
|
|
Food
Service Plans prepared by The Design Market Inc., located at 0000 Xxxxx Xxxxxx
Xxxx Xxxx., Xxxxx 000, Xxx Xxxxx, XX 00000.
|
Food
Service Drawings
|
|||
|
SHEET
#
|
DESCRIPTION
|
REVISIONS
|
DATE
|
|
FS1.0
|
FOOD
SERVICE EQUIPMENT FLOOR PLAN
|
11/14/06
|
|
|
FS2.0
|
FOOD
SERVICE SCHEDULE PLAN
|
11/14/06
|
|
|
FS3.0
|
FOOD
SERVICE ELECTRICAL FLOOR PLAN
|
11/14/06
|
|
|
FS4.0
|
FOOD
SERVICE PLUMBING FLOOR PLAN
|
11/14/06
|
|
|
FS5.0
|
FOOD
SERVICE MECH./REFRIGERATION PLAN
|
11/14/06
|
|
|
FS5.1
|
FOOD
SERVICE MECHANICAL HOOD PLAN
|
11/14/06
|
|
|
FS6.0
|
FOOD
SERVICE BUILDING FLOOR PLAN
|
11/14/06
|
|
|
FS7.1
|
FOOD
SERVICE ELEVATIONS
|
11/14/06
|
|
|
FS7.2
|
FOOD
SERVICE ELEVATIONS
|
11/14/06
|
|
EXHIBIT
“X-0”
XXXX
XX XXXXX 0 DOCUMENTS
Job
Name Xxxxxxx
Xxxxxxxx Xxxx Xxxxxxxxx Xx. 0, Xxxx 0. - Nevada Power South District Operations
Center - Site Improvements Job No: 1914
I. Supplementary
Conditions (Reference Article 15.1.3), which are appended to the end
of the General Conditions of the Contract.
II. Specifications (Reference
Article 15.1.4)
Not
Applicable
III. Drawings (Reference
Article 15.1.5)
See
attached
IV. Addenda (Reference
Article 15.1.6)
Not
Applicable
V. Project
Manual - Nevada Power South District Operations Center - Site Improvements,
dated May 25, 2007
General
Drawings prepared by SH Architecture, located at 0000 Xxxx Xxxxx, Xxxxx 000,
Xxx
Xxxxx, XX 00000
|
GENERAL
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
G0.00 COVER
SHEET 5/25/07
G1.10 GENERAL
INFORMATION
5/25/07
G3.10 FIRE
RATED
ASSEMBLIES
5/25/07
G4.10 MASTER
SITE
PLAN
5/25/07
Civil
drawings prepared by Lochsa Engineering, located at 0000 X. Xxxxx Xxxx. Xxxxx
000
Xxx
Xxxxx, XX
|
CIVIL
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
C1.01 COVER
SHEET
5/24/07
C1.02 GENERAL
NOTES AND
QUANTITIES 5/24/07
C2.00 MASTER
UTILITY AND FIRE ACCESS PLAN5/24/07
C2.01 UTILITY
PLAN SHEET 1 OF
3 5/24/07
C2.02 UTILITY
PLAN SHEET 2 OF
3 5/24/07
C2.03 UTILITY
PLAN SHEET 3 OF
3 5/24/07
C3.00 OVERALL
SITE AND GRADING PLAN AND5/24/07
KEY
MAP
C3.01 GRADING
PLAN SHEET 1 OF
7 5/24/07
C3.02 GRADING
PLAN SHEET 2 OF
7 5/24/07
C3.03 GRADING
PLAN SHEET 3 OF
7 5/24/07
C3.04 GRADING
PLAN SHEET 4 OF
7 5/24/07
C3.05 GRADING
PLAN SHEET 5 OF
7 5/24/07
C3.06 GRADING
PLAN SHEET 6 OF
7 5/24/07
C3.07 GRADING
PLAN SHEET 7 OF
7 5/24/07
C4.01 HORIZONTAL
CONTROL PLAN SHEET 1 OF 85/24/07
C4.02 HORIZONTAL
CONTROL PLAN SHEET 2 OF 85/24/07
C4.03 HORIZONTAL
CONTROL PLAN SHEET 3 OF 85/24/07
C4.04 HORIZONTAL
CONTROL PLAN SHEET 4 OF 85/24/07
C4.05 HORIZONTAL
CONTROL PLAN SHEET 5 OF 85/24/07
C4.06 HORIZONTAL
CONTROL PLAN SHEET 6 OF 85/24/07
C4.07 HORIZONTAL
CONTROL PLAN SHEET 7 OF 85/24/07
C4.08 HORIZONTAL
CONTROL PLAN SHEET 8 OF 85/24/07
C5.01 PLAN
AND PROFILE WARM SPRINGS ROAD5/24/07
C5.02 PLAN
AND PROFILE WARM SPRINGS ROAD5/24/07
C5.03 PLAN
AND PROFILE WARM SPRINGS ROAD5/24/07
C5.04 PLAN
AND PROFILE WARM SPRINGS ROAD5/24/07
C5.05 PLAN
AND PROFILE WARM SPRINGS ROAD5/24/07
C5.06 PLAN
AND PROFILE XXXXXXX
ROAD 5/24/07
C5.07 PLAN
AND PROFILE XXXXXXX
ROAD 5/24/07
C5.08 PLAN
AND PROFILE WESTWIND
ROAD 5/24/07
|
CIVIL
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
C5.09 PLAN
AND PROFILE STORM DRAIN LATERALS5/24/07
C6.01 TRAFFIC
CONTROL PLAN SHEET 1 OF
3
5/24/07
C6.02 TRAFFIC
CONTROL PLAN SHEET 2 OF
3 5/24/07
C6.03 TRAFFIC
CONTROL PLAN SHEET 3 OF
3 5/24/07
C7.01 DETAILS
SHEET 1 OF
4
5/24/07
C7.02 DETAILS
SHEET 2 OF
4
5/24/07
C7.03 DETAILS
SHEET 3 OF
4
5/24/07
C7.04 DETAILS
SHEET 4 OF
4
5/24/07
C8.01 STRUCTURAL
GENERAL
NOTES
5/24/07
C8.02 STRUCTURAL
TYPICAL DETAILS
AND 5/24/07
SECTIONS
Landscape
drawings prepared by Nuvis, located at 0000 Xxxxxx Xxx., Xxxxx X-0, Xxxxx Xxxx,
XX
|
LANDSCAPE
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
L1 COVER
SHEET
2/9/07
L2 IRRIGATION
PLAN – SHEET
A
2/9/07
L3 IRRIGATION
PLAN – SHEET
B 2/9/07
L4 IRRIGATION
PLAN –SHEET
C
2/9/07
L5 IRRIGATION
LEGEND AND
NOTES 2/9/07
L6 IRRIGATION
DETAILS
2/9/07
L7 TREE
PLANTING PLAN –SHEET
A 2/9/07
L8 TREE
PLANTING PLAN –SHEET
B
2/9/07
L9 TREE
PLANTING PLAN –SHEET
C
2/9/07
L10 SHRUB
PLANTING PLAN –SHEET
A
2/9/07
L11 SHRUB
PLANTING PLAN –SHEET
B
2/9/07
L12 TREE
PLANTING PLAN –SHEET
C
2/9/07
L13 PLANTING
LEGEND, NOTES AND
ETAILS 2/9/07
L14 GENERAL
SPECIFICATIONS
2/9/07
L15 IRRIGATION
SPECIFICATIONS
2/9/07
L16 IRRIGATION
SPECIFICATIONS
2/9/07
L17 PLANTING
SPECIFICATIONS
2/9/07
L18 MAINTENANCE
SPECIFICATIONS
2/9/07
Architectural
drawings by SH Architecture, located at 0000 Xxxx Xxxxx, Xxxxx 000, Xxx Xxxxx,
XX 00000
|
ARCHITECTURAL
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
A1.10 SITE
PLAN – LOT
A 5/25/07
A1.11 SITE
PLAN – LOT
B 5/25/07
A1.20 CMU
FENCING PLAN AND
ELEVATIONS 5/25/07
A1.21 ENLARGED
FENCE
PLANS 5/25/07
A1.22 SITE
DETAILS AND ENLARGED
CMU 5/25/07
ENCLOSURE
PLAN
|
ARCHITECTURAL
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
A1.30A CANOPY
PLAN
5/25/07
A1.30B CANOPY
PLANS
5/25/07
A1.31 CANOPY
ELEVATIONS AND SECTIONS5/25/07
A1.40 GUARD
HOUSE
PLANS 5/25/07
A1.41 GUARD
HOUSE SECTIONS AND ELEVATIONS5/25/07
|
A1.42
|
GUARD
HOUSE INTERIOR ELEVATIONS, DOOR
|
5/25/07
|
AND
WINDOW SCHEDULE
A1.50 ICE
HOUSE PLANS AND ELEVATIONS5/25/07
A1.60 METER
TRANSFER BUILDING PLAN, ELEVATIONS5/25/07
AND
SECTION
A2.10 FLEET
FLOOR
PLAN
5/25/07
A2.11 FLEET
ENLARGED FLOOR PLANS AND INTERIOR5/25/07
ELEVATIONS
A2.12 FLEET
REFLECTED CEILING
PLAN 5/25/07
A2.13 FLEET
ROOF
PLAN
5/25/07
A2.14 FLEET
EXTERIOR
ELEVATIONS
5/25/07
A2.15 FLEET
BUILDING
SECTIONS 5/25/07
A2.16 FLEET
WALL
SECTIONS
5/25/07
A2.17 FLEET
DOOR AND WINDOW
SCHEDULE 5/25/07
A3.10 DETAILS
5/25/07
A3.11 DETAILS
5/25/07
Structural
drawings by Xxxxxxxxxx Xxxxx Structural Engineers, located at 0000 Xxx Xxxx
Xxxxxx, Xxxxx X, Xxx Xxxxx, XX
|
STRUCTURAL
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
S1.01 GSN
AND
INFORMATION
6/1/07
S1.02 SCHEDULES
6/1/07
S1.03 TYPICAL
DETAILS
6/1/07
S1.04 TYPICAL
DETAILS
6/1/07
S2.10 FOUNDATION
PLAN –FLEET
BUILDING 6/1/07
S3.10 ROOF
FRAMING PLAN – FLEET BUILDING6/1/07
SC2.10 FOUNDATION
PLAN – SMALL
CANOPY 6/1/07
SC2.20 FOUNDATION
PLAN – LARGE
CANOPY 6/1/07
SC3.10 ROOF
FRAMING PLAN – SMALL
CANOPY
6/1/07
SC3.20 ROOF
FRAMING PLAN – LARGE
CANOPY 6/1/07
|
SG2.10
|
FOUNDATION
AND ROOF FRAMING PLAN –
|
6/1/07
|
ICE
HOUSE, GUARD HOUSE
S5.01 FOUNDATION
DETAILS
6/1/07
S6.01 FRAMING
DETAILS
6/1/07
Mechanical
drawings by MSA Engineering Consultants, located at 0000 Xxxxx Xxxxxx, Xxxxx
000,
|
|
Xxx
Xxxxx, XX
|
|
MECHANICAL
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
M0.00 SYMBOL
LIST, SPECIFICATIONS AND
DRAWING
5/25/07
INDEX
M0.01 MECHANICAL
SCHEDULES
5/25/07
M0.05 MECHANICAL
DETAILS
5/25/07
M0.10 IECC
COMPLIANCE
CERTIFICATE 5/25/07
M1.10 MECHANICAL
SITE
PLAN
5/25/07
M2.10 FLEET
BUILDING MECHANICAL PLAN5/25/07
M2.40 MECHANICAL
GUARD SHACK
PLAN 5/25/07
Plumbing
drawings by MSA Engineering Consultants, located at 0000 Xxxxx Xxxxxx, Xxxxx
000,
|
|
Xxx
Xxxxx, XX
|
|
PLUMBING
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
P0.00 SYMBOL
LIST, SPECIFICATIONS AND
DRAWING
5/25/07
INDEX
P0.01 PLUMBING
SCHEDULES
5/25/07
P0.05 PLUMBING
DETIALS
5/25/07
P0.06 PLUMBING
DETAILS
5/25/07
P1.10 PLUMBING
SITE
PLAN 5/25/07
P1.40 PLUMBING
GUARD SHACK AND TYPICAL
ICE 5/25/07
HOUSE
PLAN
P2.10 PLUMBING
PLAN
5/25/07
P4.10 PLUMBING
ROOF
PLAN
5/25/07
P5.00 ENLARGED
PLUMBING
PLAN
5/25/07
Electrical
drawings by MSA Engineering Consultants, located at 0000 Xxxxx Xxxxxx, Xxxxx
000,
|
|
Xxx
Xxxxx, XX
|
|
ELECTRICAL
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
E0.00 SYMBOL
LIST, SPECIFICATIONS AND
DRAWING
5/25/07
INDEX
E0.01 SINGLE
LINE DIAGRAM, NOTES AND
FEEDER 5/25/07
SCHEDULE
E0.02 PANEL
SCHEDULE
5/25/07
E0.03 LIGHTING
FIXTURES SCHEDULE
AND
5/25/07
COMPLIANCE
CERTIFICATION
E0.04 SINGLE
LINE DIAGRAMS AND
PANELS 5/25/07
SCHEDULES
E1.10 SITE
ELECTRIC
PLAN
5/25/07
E1.30A MOBILE
SUBSTATION CANOPY
ELECTRICITY 5/25/07
PLAN
|
ELECTRICAL
DRAWINGS
|
|||
|
SHEET
#
|
DESCRIPTION
|
▲
|
DATE
|
E1.30B CANOPY
ELECTRICAL
PLAN
5/25/07
|
E1.40
|
ELECTRICAL
PLAN 0GUARD SHACK AND
|
5/25/07
|
TYPICAL
ICE HOUSE PLAN
E2.10 POWER
PLAN
5/25/07
E3.10 LIGHTING
PLAN
5/25/07
E4.10 ROOF
ELECTRICAL
PLAN
5/25/07
LV2.10 SIGNAL
PLAN
5/25/07
EXHIBIT
“E-3”
LIST
OF PHASE 3 DOCUMENTS
Job
Name Job
No:
I. Supplementary
Conditions (Reference Article 15.1.3), which are appended to the end
of the General Conditions of the Contract.
II. Specifications (Reference
Article 15.1.4)
Not
Applicable
III. Drawings (Reference
Article 15.1.5)
By:
Sheet Title Rev.
Number
Date
|
ARCHITECTURAL
|
|||
|
STRUCTURAL
|
|||
By
Sheet Title Rev.
Number
Date
|
LANDSCAPING
|
|||
IV. Addenda (Reference
Article 15.1.6)
Not
Applicable
V. Project
Manual - Nevada Power System Control Room dated October 30, 2006.
TI
Nevada Power – BBP Xxxx.
0
Page of
5 Job
#1914
DMWEST
#6508805
v12
EXHIBIT
“F”
COST
BREAKDOWN
|
|
||
|
|
||
|
SPEC.
|
DESCRIPTION
|
TOTAL
|
|
Division
01
|
General
Requirements
|
|
|
01
2100
|
Allowances
- specifications
|
|
|
|
Metal
Storage Shelving (purchase and delivery)
|
|
|
|
Manuf.
Metal Casework (purchase and delivery)
|
|
|
|
Bridge
Cranes (purchase and delivery)
|
|
|
|
Finish
Hardware (purchase and delivery)
|
|
|
|
Column
Cladding
|
|
|
01
5000
|
Temporary
Facilities and Controls in GC's
|
|
|
01
5713
|
Temporary
Erosion and Sediment Controls in
GC's
|
|
|
01
5721
|
Indoor
Air Quality Controls
|
|
|
01
7419
|
Construction
Waste Management and Disposal
|
|
|
01
7800
|
Closeout
Submittals
|
|
|
01
7900
|
Demonstration
and Training
|
|
|
01
9114
|
General
Commissioning Requirements
|
|
|
|
SUB
|
596,636
|
|
Division
03
|
Concrete
|
|
|
03
2000
|
Concrete
Reinforcing
|
|
|
03
3000
|
Cast-in-Place
Concrete
|
|
|
|
Ashford
Concrete Floor Sealer
|
|
|
|
Concrete
Demolition
|
|
|
|
SUB
|
2,334,660
|
|
Division
04
|
Masonry
|
|
|
04
0511
|
Masonry
Mortaring and Grouting
|
|
|
|
SUB
|
3,161,971
|
|
Division
05
|
Metals
|
|
|
05
1200
|
Structural
Steel Framing, Joists and Decking
|
|
|
05
5134
|
Aluminum
Ladders
|
|
|
|
SUB
|
3,290,059
|
|
Division
06
|
Wood,
Plastics, and Composites
|
|
|
06
1054
|
Wood
Blocking and Curbing
|
|
|
06
4100
|
Architectural
Wood Casework
|
|
|
06
8205
|
Fiberglass
Reinforced Plastic Panels
|
|
|
|
SUB
|
208,786
|
|
Division
07
|
Thermal
and Moisture Protection
|
|
|
07
1300
|
Sheet
Waterproofing
|
|
|
07
2100
|
Thermal
Insulation
|
|
|
07
5300
|
Elastomeric
Membrane Roofing
|
|
|
07
6200
|
Sheet
Metal Flashing and Trim
|
|
|
07
7234
|
Roof
Hatches and Smoke Vents
|
|
|
07
8400
|
Firestopping
|
|
|
07
9005
|
Joint
Sealers
|
|
|
|
SUB
|
591,945
|
|
|
|
|
|
Division
08
|
Openings
|
|
|
08
1113
|
Hollow
Metal Doors and Frames,Wood Doors
|
|
|
08
3100
|
Access
Doors and Panels
|
|
|
|
Cascade
Coil Security Screen
|
|
|
08
6200
|
Unit
Skylights
|
|
|
08
7100
|
Door
Hardware in Div. 01
|
|
|
08
8000
|
Glazing
|
|
|
08
8010
|
Fire
Rated
Glazing incld.
|
|
|
08
8300
|
Mirrors in
Toilet Access.
|
|
|
08
8420
|
Cellular
Plastic Glazing incld.
|
|
|
|
SUB
|
533,995
|
|
Division
09
|
Finishes
|
|
|
09
2116
|
Gypsum
Board Assemblies
|
|
|
09
5100
|
Acoustical
Ceilings
|
|
|
09
6500
|
Resilient
Flooring,Carpet, Ceramic and Tile
|
|
|
09
9000
|
Painting
and Coating
|
|
|
|
SUB
|
4,212,093
|
|
Division
10
|
Specialties
|
|
|
10
1101
|
Visual
Display Boards
|
|
|
10
1200
|
Display
Cases incld.
|
|
|
10
1424
|
Interior
Signage incld.
|
|
|
10
1425
|
Exterior
Signage
|
|
|
10
2113.19
|
Plastic
Toilet Compartments
|
|
|
10
2800
|
Toilet,
Bath, and Laundry Accessories
|
|
|
10
4400
|
Fire
Protection Specialties (fire extinguishers & cabinets)
|
|
|
10
5100
|
Lockers
|
|
|
10
5613
|
Metal
Storage
Shelving in
div. 01
|
|
|
10
7500
|
Flagpoles
|
|
|
|
SUB
|
306,052
|
|
Division
11
|
Equipment
|
|
|
11
400
|
Food
Service
|
|
|
11
1100
|
Vehicle
Service Equipment, Lifts & Bridge Crane
|
|
|
11
3100
|
Residential
Appliances
|
|
|
11
5213
|
Projection
Screens
|
|
|
|
SUB
|
1,096,603
|
|
Division
12
|
Furnishings
|
|
|
12
3600
|
Countertops
|
|
|
12
4813
|
Entrance
Floor Mats and Frames
|
|
|
|
SUB
|
100,137
|
|
Division
14
|
Conveying
Equipment
|
|
|
14
1200
|
Electric
Dumbwaiters
|
|
|
14
2010
|
Passenger
Elevator
|
|
|
14
2705
|
Custom
Elevator Cabs and Hoistway Doors
|
|
|
|
SUB
|
342,641
|
|
Division
21
|
Fire
Suppression
|
|
|
21
1300
|
Fire
Suppression Sprinkler System
|
|
|
|
SUB
|
1,734,307
|
|
Division
22
|
Plumbing
|
|
|
|
SUB
|
1,470,150
|
|
Division
23
|
Heating,
Ventilating, and Air Conditioning (HVAC)
|
|
|
23
0593
|
Testing,
Adjusting and
Balancing incld.
|
|
|
23
0900
|
HVAC
Instrumentation and Controls incld.
|
|
|
|
HVAC
Duct Cleaning
|
|
|
|
SUB
|
6,703,884
|
|
Division
26
|
Electrical
|
|
|
26
0519
|
Low-Voltage
Electrical Power Conductors and
Cables incld.
|
|
|
26
0536
|
Cable
Trays for Electrical Systems incld.
|
|
|
26
0539
|
Underfloor
Raceways for Electrical
Systems incld.
|
|
|
26
0923
|
Lighting
Control Devices incld.
|
|
|
26
0933
|
Central
Dimming Controls incld.
|
|
|
26
2813
|
Fuses incld.
|
|
|
26
3213
|
Engine
Generators incld.
|
|
|
|
Photovotaic
|
|
|
|
SUB
|
14,226,622
|
|
Division
27
|
Communications
|
|
|
|
NO
SPECIFICATION AVAILABLE EXCLUDED
|
|
|
Division
28
|
Electronic
Safety and Security
|
|
|
|
NO
SPECIFICATION AVAILABLE EXCLUDED
|
|
|
Fire
Alarm Systems
|
-
|
|
|
SUB
|
343,035
|
|
|
Division
31
|
Earthwork
|
|
|
31
2200
|
Grading
|
|
|
31
3116
|
Termite
Control
|
|
|
|
SUB
|
188,669
|
|
Division
32
|
Exterior
Improvements
|
|
|
32
1216
|
Asphalt
Paving
|
|
|
32
1313
|
Concrete
Paving
|
|
|
32
1723.13
|
Painted
Pavement Markings
|
|
|
32
3113
|
Chain
Link Fences and Gates
|
|
|
|
Landscaping
& Irrigation
|
|
|
|
Off
site roadway concrete
|
|
|
|
Plug
|
|
|
|
Off
site water
|
|
|
|
Off
site traffic
|
|
|
|
Off
site drainage
|
|
|
Off
site street lights
|
|
|
|
|
SUB
|
3,975,330
|
|
Division
33
|
Utilities
|
|
|
33
1116
|
Site
Water Utility Distribution Piping
|
|
|
33
3111
|
Site
Sanitary Utility Sewerage Piping
|
|
|
33
5111
|
Site
Natural Gas Distribution
|
-
|
|
|
SUB
|
279,329
|
|
General
Conditions
|
1,098,557
|
|
|
SUB
TOTAL
|
46,795,460
|
|
|
Contractors
Fee @ 5 %
|
2,339,773
|
|
|
SUB
TOTAL
|
49,135,233
|
|
|
Liab.
Insurance @ .0092 %
|
452,044
|
|
|
TOTAL
|
49,587,277
|
|
|
Contingency
@ 3%
|
1,487,618
|
|
|
Bond
@ 2 %
|
1,021,479
|
|
|
GRAND
TOTAL
|
52,096,374
|
|
|
|
||
|
|
||
|
|
||
|
|
||
|
Excludes:
|
|
|
|
Fees
and permits.
|
|
|
|
All
work in Systems Control Center (Phase 3 of the Work)
|
|
|
EXHIBIT
“G”
PROJECT
GENERAL CONDITIONS
Project
General Conditions refer to costs paid or expenses incurred by Contractor in
behalf of the project including, but not necessarily limited to, the
following:
CONTRACTOR’S
PERSONNEL AND JOB LABOR
Preconstruction
Administration
Miscellaneous
Preconstruction Expenses
Project
Managers, Construction Managers, Project Executives, Executive
Assistants,
|
|
expeditors,
estimators, accounting and administrative personnel (for Project
Time
only)
|
General
Superintendents
On-Site
Assistant Project Manager
On-Site
Project Engineer
On-Site
Project Superintendent
On-Site
Assistant Project Superintendent
On-Site
Administrative Assistant
Miscellaneous
On-Site Job Labor
On-Site
Clean-Up Labor
On-Site
Safety Xxxxxxx
On-Site
Flagman
On-Site
Watchmen - Security Guards
Payroll
Taxes, Insurance and Benefits
Travel
Expenses
Automobile
and Truck Expenses
Closeout,
Punch List and Warranties
TESTING,
INSPECTIONS AND FIELD ENGINEERING
Concrete
and Rebar Inspection and Testing
Masonry
Inspection and Testing
Structural
Steel and Decking Inspection and Testing
Welding
Inspections
Roofing
Inspections
Concrete
Mix Designs
Safety
Consultants
Grading
and Compacting Inspection and Testing
Other
Testing or Inspections as required for the proper execution of the
work
County
Inspector, including Benefits (if applicable)
Survey
and Layout
Grade
Staking
Footing
and Foundation Inspection and Testing (if applicable)
As-Built
Survey
EQUIPMENT
AND CLEAN-UP
Miscellaneous
Off-Loading Equipment (Fork Lift, etc.)
Dust
Control Equipment (Water Truck, etc.)
Other
Equipment as required for the proper execution of the work
Bins
Trash
Chutes
Dump
Chargers
Final
Clean-Up
Window
Cleaning (if applicable)
Cleaning
Supplies
Miscellaneous
Small Tools
TEMPORARY
GENERAL EXPENSES FOR JOBSITE
Office
Rental
Office
Furniture Rental
Toilets
Complete
Telephone Equipment and Monthly Cost
Complete
Fax Machine System and Monthly Cost
Computer
System and Associated Costs (but only those used at the site of the
Work)
Data
Line
and Monthly Cost
Temporary
Power and Monthly Cost
Temporary
Water and Monthly Cost
Drinking
Water
Temporary
Roads and Detours
Barricades
and Lights
Fencing
Project
Signage
Progress
Schedule
Intercom
and Radios
Plan
Reproduction
Safety
Equipment, First Aid
Perimeter,
Open Floor Protection (if applicable)
Temporary
Stairs and Ladders (if applicable)
Miscellaneous
Small Tools
Miscellaneous
Supplies
Other
Miscellaneous Expenses
Finished
Work Protection
Office
Supplies
Postage,
Federal Express, UPS, etc.
Copy
Machine Rental
Copy
Paper and Service
Security
Lighting and Fencing
The
cost
for the following work is not considered a part of General Conditions and is
budgeted for in separate line item cost:
Plan
Checking and Permit Fees
SUPPLEMENTARY
CONDITIONS
|
1.
|
INTENT
|
|
1.01
|
These
Supplementary Conditions amend and supplement the General Conditions
attached as Exhibit “A” to the Agreement and other provisions of the
Contract Documents as indicated, below. All provisions which
are not so amended or supplemented remain in full force and
effect.
|
|
1.02
|
The
terms used in these Supplementary Conditions which are defined in
the
General Conditions have the meanings assigned to them in the General
Conditions.
|
|
2.
|
MODIFICATIONS
TO AIA A201
|
|
2.01
|
ARTICLE
1.1 - BASIC DEFINITIONS
|
|
A.
|
Add
the following sentence:
|
|
1.
|
1.1.1. The
Contract Documents executed in accordance with Subparagraph 1.5.1
shall
prevail in case of inconsistency with subsequent versions made through
manipulatable electronic operations involving
computers.
|
|
2.02
|
ARTICLE
1.2. - CORRELATION AND INTENT OF THE CONTRACT
DOCUMENTS
|
|
A.
|
Add
the following clause:
|
|
1.
|
0.0.0.0: In
the event of conflicts or discrepancies among the Contract Documents,
interpretations will be based on the following
priorities:
|
|
a.
|
The
Agreement.
|
|
b.
|
Addenda,
with those of later date having precedence over those of earlier
date.
|
|
c.
|
The
Supplementary Conditions.
|
|
d.
|
The
General Conditions of the Contract for
Construction.
|
|
e.
|
Division
1 of the Specifications.
|
|
f.
|
Drawings
and Division 2-16 of the Specifications (including all Project
Manuals).
|
|
2.
|
0.0.0.0:
In the case of conflicts or discrepancies between the Drawings and
Divisions 2-16 of the or within either Document not clarified by
Addendum,
the Architect will determine which takes precedence in accordance
with
Subparagraph 4.2.11.
|
|
2.03
|
ARTICLE
1.6-OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS
OF
SERVICE
|
|
A.
|
Add
the following subparagraph:
|
|
1.
|
1.6.2:
Contractor’s Use of Instruments of Service in Electronic
Form.
|
|
a.
|
0.0.0.0: The
Architect may, with the concurrence of the Owner, furnish to the
Contractor versions of Instruments of Service in electronic
form. The Contract Documents executed or identified in
accordance with Subparagraph 1.5.1 shall prevail in case of an
inconsistency with subsequent versions made through manipulatable
electronic means involving
computers.
|
|
b.
|
0.0.0.0: The
Contractor shall not transfer or reuse Instruments of Service in
electronic or machine readable form without the prior written consent
of
the Architect.
|
|
2.04
|
ARTICLE
1.7 - COOPERATION
|
|
A.
|
Add
the following subparagraph:
|
|
1.
|
1.7: Representatives
of the Owner, Contractor and Architect shall meet periodically at
mutually
agreed-upon intervals for the purpose of establishing procedures
to
facilitate cooperation, communication and timely responses among
the
participants. By participating in this arrangement, the parties
do not intend to create additional contractual obligations or modify
the
legal relationships which may otherwise
exist.
|
|
2.05
|
ARTICLE
2.2 - INFORMATION AND SERVICES REQUIRED OF THE
OWNER
|
|
A.
|
Delete
the subparagraph and substitute the
following:
|
|
1.
|
2.2.5: The
Contractor will be furnished, free of charge, 10 copies of Drawings
and
Project Manuals. Additional sets will be furnished at the cost
of reproduction, postage and
handling.
|
|
2.06
|
ARTICLE
3.2 - REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
|
|
A.
|
Add
the following subparagraph:
|
|
1.
|
3.2.4: The
Owner shall be entitled to deduct from the Contract Sum amounts paid
to
the Architect for the Architect to evaluate and respond to the
Contractor’s requests for information, where such information was
available to the Contractor from a careful study and comparison of
the
Contract Documents, field conditions, other Owner-Provided information,
Contractor-prepared coordination drawings, reference standards, prior
Project correspondence or
documentation.
|
|
2.07
|
ARTICLE
3.4 - LABOR AND MATERIALS
|
|
A.
|
Delete
the subparagraph 3.4.2 and substitute the
following:
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|
1.
|
3.4.2: After
the Contract has been executed, the Owner and Architect will consider
a
formal request for the substitution of products in place of those
specified only under the conditions set forth in the General Requirements
(Division 1 of the Specifications). Except in cases in which
the original products are timely ordered but are unavailable, by
making
requests for substitution, the
Contractor:
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a.
|
.1 represents
that the Contractor has personally investigated the proposed substitute
product and determined that it is equal or superior in all respects
to
that specified;
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b.
|
.2
represents that the Contractor will provide the same warranty for
the
substitution that the Contractor would for that
specified;
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c.
|
.3
certifies that the cost data presented is complete and includes all
related costs under this Contract except the Architect’s redesign costs,
and waives all claims for additional costs related to the substitution
which subsequently become apparent;
and
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d.
|
.4
will coordinate the installation of the accepted substitute, making
such
changes as may be required for the Work to be complete in all
respects.
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2.08
|
ARTICLE
3.7 - PERMITS, FEES AND
NOTICES
|
|
A.
|
Add
the following sentence at the end of
3.7.1:
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|
1.
|
3.7.1: The
Owner shall pay fees for public or private water, gas, electrical,
and
other utility extensions at the site. The Contractor shall
secure and arrange for all necessary utility
connections.
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2.09
|
ARTICLE
3.8 - ALLOWANCES
|
|
A.
|
Delete
the semicolon at the end of the clause 3.8.22 and add the
following:
|
|
1.
|
0.0.0.0:,
except that if installation is included as part of an allowance in
Division 1-16 of the Specifications, the installation and labor cost
for
greater or lesser quantities of Work shall be determined in accordance
with Subparagraph 7.3.6;
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|
2.10
|
ARTICLE
3.9 - SUPERINTENDENT
|
|
A.
|
Add
the following subparagraph 3.9.2:
|
|
1.
|
3.9.2: The
Contractor shall employ a superintendent or an assistant to the
superintendent who will perform as a coordinator for mechanical and
electrical Work. The coordinator shall be knowledgeable in
mechanical and electrical systems and capable of reading, interpreting
and
coordinating Drawings, Specifications, and shop drawings pertaining
to
such systems. The coordinator shall assist the Subcontractors
in arranging space conditions to eliminate interference between the
mechanical and electrical systems and other Work and shall supervise
the
preparation of coordination drawings documenting the spatial arrangements
for such systems within restricted spaces. The coordinator
shall assist in planning and expediting the proper sequence of delivery
of
mechanical and electrical equipment to the
site.
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2.11
|
ARTICLE
4.3 - CLAIMS AND DISPUTES
|
|
A.
|
Add
the following clauses:
|
|
1.
|
0.0.0.0: Claims
for Increase in the applicable Contract Time shall set forth in detail
the
circumstances that form the basis for the Claim, the date upon which
each
cause of delay began to affect the progress of the Work, the date
upon
which each cause of delay ceased to affect the progress of the Work
and
the number of days’ increase in the applicable Contract Time claimed as a
consequence of each such cause of delay. The Contractor shall
provide such supporting documentation as the Owner may reasonably
require
including, where appropriate, a revised construction schedule indicating
all the activities affected by the circumstances forming the basis
of the
Claim.
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|
2.
|
0.0.0.0: The
Contractor shall not be entitled to a separate increase in the applicable
Contract Time for each one of the number of causes of delay which
may have
concurrent or interrelated effects on the progress of the Work, or
for
concurrent delays due to the fault of the
Contractor.
|
|
B.
|
Add
the following sentence at the end of
4.3.10:
|
|
1.
|
4.3.10: If
before expiration of 30 days from the date of execution for this
Agreement, the Owner obtains by separate agreement and furnishes
to the
Contractor a similar mutual waiver of all claims from the Architect
against the Contractor for consequential damages which the Architect
may
incur as a result of any acts or omission of the Owner or Contractor,
the
waiver of consequential damages by the Owner and Contractor contained
in
this Subparagraph 4.3.10 shall be applicable to claims by the Contractor
against the Architect.
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2.12
|
ARTICLE
5.2 - AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR
PORTIONS OF THE WORK
|
|
A.
|
Add
the following subparagraph:
|
|
1.
|
0.0.0.0: Unless
otherwise stated in the Contract Documents or the bidding requirements,
the Contractor, as soon as practicable after award of Contract, shall
furnish in writing to the Owner through the Architect the names of
persons
or entities proposed as manufacturers, fabricators or material suppliers
for the products, equipment and systems identified in the General
Requirements (Division 1 of the Specifications) and, where applicable,
the
name of the installing
Subcontractor.
|
|
2.13
|
ARTICLE
8.2 - PROGRESS AND
COMPLETION
|
|
A.
|
Add
the following subparagraphs:
|
|
1.
|
8.2.4: The
Contractor shall perform the Work in accordance with the schedules
as well
as within the dates specified in the Contract for Substantial and
Final
Completion of each Phase of the Work. The time limits set forth
in the Contract for Substantial Completion must govern, and the schedules
must be adjusted to meet these
dates.
|
|
2.
|
8.2.5: If
the Work is not proceeding according to the applicable critical path
schedule, the Contractor shall immediately notify the Owner in writing
and
prepare a Recovery Plan in accordance with the General Requirements
(Division 1 of the Specifications).
|
|
3.
|
8.2.6: If
the Work is persistently and repeatedly behind schedule and the Owner
does
not believe the proposed Recovery Plan is adequate, the Owner will
notify
the Contractor in writing that the progress of the Work is deemed
unsatisfactory and the Owner may require the Contractor to staff
such
additional resources as Owner reasonably determines necessary to
bring the
Work on schedule with no increase in the Guaranteed Maximum
Price.
|
|
4.
|
8.2.7: If
the Contractor fails to take prompt and adequate corrective action
within
seven days upon receipt of Owner’s written notice under Paragraph 8.2.6
the Owner may terminate the Contract in accordance with Article
14.2.
|
|
2.14
|
ARTICLE
9.8 - SUBSTANTIAL
COMPLETION
|
|
A.
|
Delete
the second sentence and substitute the
following:
|
|
1.
|
9.8.5: Upon
such acceptance and consent of surety, if any, the Owner shall make
payment sufficient to increase the total payments to 100 percent
of the
Contract Sum, less such amounts as the Architect shall determine
for
incomplete Work and unsettled
claims.
|
|
2.15
|
ARTICLE
10.2 - SAFETY OF PERSONS AND
PROPERTY
|
|
A.
|
Add
the following subparagraph:
|
|
1.
|
00.0.0.0: When
use or storage of explosives, or other hazardous materials, substances
or
equipment, or unusual methods are necessary for execution of the
Work, the
Contractor shall give the Owner reasonable advance
notice.
|
|
2.16
|
ARTICLE
11.5 - PERFORMANCE BOND AND PAYMENT
BOND
|
|
A.
|
Add
the following clause:
|
|
1.
|
00.0.0.0: The
Contractor shall require the attorney-in-fact who executes the required,
bonds on behalf of the surety to affix thereto a certified and current
copy of the power of attorney.
|
|
2.17
|
ARTICLE
12.2 - CORRECTION OF WORK
|
|
A.
|
Add
the following clause:
|
00.0.0.0:
Upon request by the Owner and prior to the expiration of one year from the
date
of Substantial Completion, the Architect will conduct and the Contractor shall
attend a meeting with the Owner to review the facility operations and
performance.
