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HomeMy WebLinkAbout31700 GRAPE ST_ 2077 (33)31700 GRAPE STREET 2077 2/30 WAL -MART 11.3.5 If during the Project construction period the owner 11.3.10 The owner as fiduciary shall have power to adjust and I'he owner +hall bear such costs exc'e'pt x% provided in Sub ARTICLE 14 Insures properties, real or personal or both, 2djoining or adja- Settle a lots with insurers unless one of the parties in interest c paragraph 13.5.3. TERMINATION OR SUSPENSION cent to the site by property Insurance tinder noucics separate shah object in writing within five days after occurrence of loss from those insuring the Project, or if after Mal payment prop. to the Owner's exercise or this power; if such objection be 13.5.3 If such procedures for testing, inspection or approval OF THE CONTRACT erty insurance it to he provided on the compacted Project made, arbitrators sl -.(ll be chosen as provided in Paragraph •f.5. under Subparagraphs 1 3.5.1 and 13.5 2 rcve•al (ailulc of the through a policv or policies other than thow insuring the Proj The Cv. net a, fiduciary shall, fn that case, make settlement with pm «ions of the Wurk fo comply with rcyuirenu•nt.+ esfabli,lx'd 14.1 TERMINATION BY THE CONTRACTOR ect during he consinxtion period, the Owner shall ,waive allgfc insurers in accordance with directions of such arbitrators. If h%' the Contract 1nx'llnlcni,, the Contactor shall bear all costs 14.1.1 the Contractor m:+y arnnin:uc the Contract ! the R'nr rights accordance with the terms of Subparagraphs11.3.7 for s ion of insurance proceeds fly arbiteuion is required, distribution p made necessary by such LI!lurc including those of repaccp is stopped for a period of 30 days through nu act tar fauh of the scpascausedh • fire or other •ribs covered h this sc )oratee. damage. eau d } Ix Y T file arbitratua will direct such distribution. th pn,rl•Jun•s and congens;uion for the Archllcct's services :sup Contactor or a subcontractor, or their All separate )licfis shall provide thisproperlyinsuranttpP 11.3.11 Partial occupancy or use in accordance with Paragraph expe•nsc•s. persons performing portionsoremployeesoranyotherpersons waiver of subrogation b ' endorsement or otherwise. 9A shall not continence until the insurance company or com 13.5.4 Itcyui«•J certificnes u( Icstiug, in,prctiun or :glpn,cal acio, foroftheWorkundercontractwithfileContrlcu,r, for an • of theofthe ) loss the owner shal l panics providing property insurance have consented to such shall, 11111%•„ other% %ise' re•yllircd b% the Contract Documents, be following rGlsons: 11.3.6 Ikfore an exposure to may occur, Q)ntractor a copy of each policy that Includes partial occupancy or use by endorselnrnl or (Hllcrw'1 %C. T'he' ecun•d by file Contractor and promptly J11iwe«d it, Ihr 1 I , of an order u(a coon or other public awL•or- file with the Each Owner and file Onitrac'tor shall take reasonable steps to obtain Art ].,(cm havingiiyha%inµjurisdiction; insurance coverages required by this Paragraph 11.3 consent of the insurance company' or companies :md shall, an act o(go%ernnlc•n1, such a, a dec!arJ!"!o of n:llionApolicyshallcontainallgenerallyapplicableconditions, defini Wilhnut mutual written consent, take ,lo action %with respect toI 13.5.5 If the Archi(cct is ,o ohscrvc t'sts, inspections or 2 enx•rgrntc, making material unavailable: ll one exclusions and endorsements elated try this Project. f•,adh partial occupancy or use that would cause rmcellalion, lapse or yuin•d by the Cumracl Dotuna•ns. file Arthitetlcontainaprovisionmatthe ,oliey will not beipolicyshallpI reduction of insurance. approca+ Ju„) where :n the noon, place 3 bccnnc the Architect ha, not issued a Ccrtitcltc for cancelled or allowed to expire until at Icasf 3(t days' prior writ- w'll promptly and, praaiclble•, 1':Iy'nhcnf and has m,1 notifrd file Contractor of the ten notice has been given u) the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND of lcstfng. reason fur withholding lertifx•;uiun s provided in 11.4.1 The owner shall have the right to require the Contrar 13.5.8 'I'c,s or in%px•a :tan, anuluctcd pursuant u1 the Con 5uhp;migraph ').•1.1, or because ttx• I )%%ncr has not 11.3.7 Wafvats of Subropatlon. the Owner and Contractor tar to furnish bonds alvering faithhl performa»cc of the Cora irt,i U,KUmenls,h :dl be trade promptly u, avoid unreasonable made fymcnt tan a certificate for Ila%nlc•nf withinp' waive all ri (s r nst (1) each other and any of their subcorrrighis tract and payment of obligations arising thereunder as slips the tinx•,Ia1cd in the Contact Iotunu•nis. tractors, subsuteontracnrrs, agents and employees, each of the laird In bidding requirements or specifically required in the delay in file Work_ 4 Mlspx'nsfd delays or in1 the other, and (2) the Architect, Architect's consultants, separate contract D cunlents nn the date of execution of the Contract. 1 3 tonn+ hy' in 1 13 a nsliuuc u1ricrsxdinthencea% connacrors described in Art:''Ic 6, If any, and any rf heir sub 13.8 INTEREST loo pencethea «• Sec noire than IIKI x•rrem of the anal noneRgµtc mo contractors, sub-su :,contractors, agents and cniployc'es, for 11.4.2 1'pm the request of any person or entity Appx'aring to bee xheriod. fart annple or 1!n Jan's in s - red b • fire or other perils n) the extent cuverrdbyohmage. eau y tx Ilea p,vnfial beneficiary of bonds covering pAYEIlcnf of 01Bµ, 13.6.1 Pa tIICIIts due and unp :lid under the Contu.l Ih,tu 3m t. ls It%s any 3n5 -day period. Wbichc%cr Is It tar ro •rt • !rsuunce obtained pursuant to Ilk Paragraph 11.3orpy 1 tions arising under the contract, the (bnfractor shall promptly I 1 ». nts 'hall hear interest from the lac p:n'n)en: i•, disc at wth the o%%'ner fix halted to huni,l to :nc (im! raaur other x:) lert • Insurancea applicable I o the 1Vork, exceptsuch1I ) PP furnish a co) of the ponds or shall permit a co, to hemade. copy !x' copy r :Sec : +the pare,+ may agree ul -ran n wrung tar. in the ab, enrc Irnm tinge n, title :u the• 5 roll) toy, a,)n the contractor', rc'l ucst, rexollableI1I I rights as they have w pnxecds of such it suranec held by the IhercoL at the IcXtl rate prc%ailing place• evidence :I% required by Subparagraph !.!. 1 . Owner acs fiduciary. The owner or Contractor, ,% appropriate, ARTICLE 12 i here the Ilnlject f:• 1, leued. shall require of the Architect Architect's consultmts, scrlarate 14.1.1 II unc of ncc alone reason, refs%, the eon' +clue nlay, contractors described in Article 6, If any, and the subeontrar 13.7 COMMENCEMENT OF STATUTORY upon ,even adJniunal day,' written notice it) the O,Once and tor, ors a ents and employers of all ' ofthem. g ) UNCOVERING AND CORRECTION OF WORK LIMITATION PEEZI) Arihiico. terminate the Contract and « cower ho-ii the ( toner pmpirtcuntract by appropriate aµrcemcnts, written where Irµally «yulrttl for 12.1 UNCOVERING OF WORK Comrxlllr. p ayme•nt liar Work executed and for proven I—% with re,lx•ct validity, similar waivers each fn favor or other parties enum. j 13.7.1 As Ix•nwcen file Owner :Ind al m:ncrias, cyuipnu•nt, doh. and aru,vuttiun cyuipnu•m ol,. cored herein. The plkirs shall pnn'fdr such waivers of subro 12.1.1 If :+ portion of nc• Work is mycred contrary to the 1 Before Substantial Completion. A \, w acs or Ialun+ and maehfnery. including reasonable overhead, pruiir and gation ply' cn(klrscmenl or otherwise. A waiver of AtbfUgaton Architect's requc%t or to requirement% specifically expressed in it the «Ic%ant date of subsf:ur dam :1 l µ ' shall he effective as to a pert n Set entity even though that per the Contract I>txunlcnt.+• it must, li rcyuircd in writing by the to act ,xturring prior 11.11 Completion, an% .IppGeahlc ,taouc of linlitaliun, 14.1.3 it the work I% stopped for a period of (a) (Lo % Ihruugh Would l)Iblefw'i%C have a duty 1'k Indenlnln allnn. son or entity ) A«hucrt, he uncovered for 'tic An'hltrct's observation and be conunc•Ilte it 1 net and any alleged clue ul Aaiun nu act tar fault of the Contractor or a Sul,cnnlractor or their otherwise, did not a • the insurance renliumIthrewpayPieocct4orp replaced at the ('a)ntractor's expense with :.[ change in fileP I'fnu•. hall hall IN: dccmcd ha%c :n rrucd m sly and all pcnurnung !onion+ ccs or any urber pflIcagent, or crkidireclyorIndirectly, and whether or not the (erxm or crnftyn contra, on BonnnotIacrthan +Seth date of \ub+t:u»ial conlpictol(1: I Coofllc \Cnrk under contact %.lh file Contractor Ix•caux• theunder had vh insurable interest in :he property damaged. 12.1.2 If a portion of the Work ba% beef' covered which the Oster 11ae per+ntc•n1l% tailed to lullill ncc U%%ncr I obllgaiun+ Architect has not spcifcally «•quc• +ted to uhurve prior to ft% 2 Between Substantial Completion and Final Cenlfi under the (:umratl IANollicnrs %%,(h rc,lx(I w matter, nnpor t ' nsurance shall3.8 A I, wl insn «d under Owner's property I bring t o%cred, the Architect nay request to see such Work and cote for Payment. A, to N 1, or lailurc, to aft , xcur null to the pnagn•s, of the work the nu aloe 1 adjusted by the owner a% fiduciary' and made pay :Ible to the ovcre' p b% the '.:oFiitracto_ if +uoi Work f+ fni1 ,hall Ie mac % rug suhu•yucm u, nc n4ec.un d.te (1f Sub+tanli.11 o OI ,-r .11c%cn additional J;ry',' %criucn nuutc d, file (nc ter amt the Owner as fiduciary for the Insureds, as their Interests may actor 1..t.c Willi the Contact to x'unx'ots, to,s of uncover. completion and prior ft, nuance of the liml C%rtt- nlinal%' the Cllntr.In .Ind recover prom the U,'ncr appear, subject ,, rryufrenlents or any appli-blc mongagcc inµand «pGcement shall, by appropriate• Change O«ler, Ix caw for Pay:ncul. any ,1 , llielhlc ,r :uutc or lilltlall, 11„ I I a+ pn,yiJrJ in >ubp.lra :q,h I +. I ._'. Is providedd of Subparagraph 11. i.1d. The Contractor shall a}, douse and pay to the Owner. If stir') Work I% not ul accordance with hall tonv»cntc w nu, amt any alleµJ cm,c ul Subcontractors their just shares of insurance proceed% received the Coat act Ikcumrnts, the cor,:rauur r.ball pay sill tusu atooll ,hall be dccmcd u, h :n c accrued in any :ux1 all 14.2 TERMINATIO'9 dY THE OWNER FOR CAUSE by me 0Nitractor, and fly' appropriate agreements, written little% the cond!oon wa% c:,u,rrd h% the owner or a Separate c%cnt, nut ,Serer Than the date of i%su :u,tc of the Ilnal 14.2.1 The o%%'ner inav terminal% the Contract if t•.c validity, vShall require Subcontractors wherelegallyrequiredforaudit, , a l atlir'.ur.lr i'1 'r 1•• :: e•%em the Owner shall Ix• responsible fir I crtihc.uc I r P.o nlcm; and Cuniratu,c to make payments to their Sub-subcontractors in similar I, is of each cosy. jl After Final Certificate for Payment. A, uo acs or 1 p•abtenth or rrlx•atedl)' rclu,cs or fails io supply manner. 12. 2 CORRECTION OF WORK 3 1. 111ure, to act occurring after the rcic%anr date of i„tr enough propx :ray' %killed welrkers or prop cr n,.ucriak: 11. 9.9 if required in writing by a parry fn Interest, the Owner 12.2.1 The contractor ,hall promptly correct work rejected ante of 1111 b»a! (.crufieue Ion !'aymcnt, any :glpii 2 fails u) make pa%nlenr NO slit-Onlratfos for nrucr"Is as fiduciary shall. upon occurreme of An insured loss. give bw rhr \uhifecf tar Galinµuo confonu Iu the reyuircnunp u( table st:uufe tar li,nitanon, shall touuucntc h, «u, and or labor in accord: ntc with d,c iespcon v agrc•cn,cm+ hand for proper performan:e of the Owne'r's duties. 'I tic cost till' (:,)I1IIac'1 Doctnlx'In,, whi'the'r ob,e'rvcd before' llr after 111%' alle'ge'd tall,%• of :1('llnll ,b:lll be de'e•Illwcl Ill ha %'e be'twe'en the Contrat'lot :Intl the Ntibconir :Ic(or +, of required bonds shall to charged against proceeds received as substantial eomploion and Whether or nut fabric tcd, Installed Ill rued h, any :lift all r%cnts nut later than the dale of 3 Ix•rsi+ICntiy df,reg :ueL, pa%%',, urdinante,. or mica, rcg fiduciary. Thr Owner shall deposit in a separate account pro' or completed. 'the contactor ,ball Ix:u tu. +s of turreaing any ati or lailurc w act h% the ( :ontrutor pur,uanl w ulalfuns or orders of a public authnrt% ha%ing juri, cc, 0, w) received, which the Owner shall distribute in accue- udh rejected Work, including additional testing and inspxc. m% warrant% pr,.%Ided under paragraph 3 5, the d:uc diction: or n( c with such agreement As the panics in interest may reach, ions and cun)Ix•nsation for the ArOwctus services :old of any torrccuon Set the work or failure u, torwo the 4 odle•r%%isc i. +geilty of %ubslantia! breath of a provision or in accordance with an arbitration award in which case the expenses nod,• necessan• thrrcby.. Work by the Contractor under Paragraph Lt 2, tar the of the Contact Docunc'nl.+. procedure , hall Ix as provided in Paragraph 4.5. If after such el:uc of .Irtual tonuni +11111 01 an% other act tar failure loss no other special agreement is made, replacement o(danr 12.2.2 If, within unc year after Elie date ul SUb,tanlial Cunlple T to perform any July or obligation In Contracor 14.2.2 \\ hen :Illy of the : hm o: reasons exist. the ( )w"cr. UIN111 ageo prupetty Snail to covered by appropriate Change Order, lion of the Work tar designated portion thereof, ordter the date or Owner, %%b O. hc%cr otcurs Ia,t, certification by the Architect that suflic'icol cone cxi +c -to ju, AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE cUNTNAI,T FOR l l) \%'I RI'l rJON • Fl )»R7 FF\'TIt F»ITION A201 -1987 21 AU DOCUMENT A201 • , t\F.RA1. C0MA1 loss (11 'I In. l.UN1 RAO.I F()R 1 \,( 11111 :,)1'Ali( 111' 11cl s, I "% \L'S'1'17RAA t, ) N,Ixr(A to.% • Ioo RI F.F%I H H)11 ION F \ I'I'.. \w,wA +111 \(;IU \,Il.t :!IMMX A201.1987 23 AIA%•' JII) H TIIFAMFRI(:.%\ IAti1' ll' IITF. UFAR(. IillF( .T,,t')5NFw'YORKAwFNUT,N.w',wAS 1,11',TUN.DC: (XKA 7 AIA' • :0914- 1IIF.AMFI(i(.A dv": Jr,Yprred pimumprinn vWmtw US. eopidght Iwo r+d i• eWpw_ to IpY poNMbn. WARNING: Unlicensed phirtmopying violates US. (:opyright laws and Is sW*mt to lapel plrosecuton. o; •. . - >. .."'": i°c± nn"rt•w'+•_w.'w..w .. ._. ._..- 7777 kSn :r<• -.. sass rI -.. ". .._ - .. ... .,. - r sass •dta. .. _ s'°'win ,ai5•``+'>.i yi'' FORM 1111 VILA WAS PWDUM AM! t. i JZ trT A1D Y1DW of T C AVAILAWA AT TA8 F1 r; i t t: S. L DOCUMENT 00800 W M : 061893 SUPPLEMENTARY CONDITIONS TO THE AIA DOCUMENT A201 GENERAL CONDITIONS 1987 Edition) The following supplements modify, change, delete from or add to the General Conditions of The Contract for Construction AIA Document A201 Fourteenth Edition 1987. Where n Article f the General ' i n i eanyoGonddoss modifieu or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these Supplementary Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect. ARTICLE 1 - GENERAL PROVISIONS 1. 1 BASIC DEFINITIONS Add the following: 1. 1.1.1. In the everd of a conflict in the Contract Documents for projects described in Paragraph 2. 1.1.2, the Special Conditions govem overthe Drawings and Specifications. All questions relative to the Contract Documents shall be addressed to the Wal -Mart Construction Department for clarification. 1. 1.8. Except for subparagraphs 1.1.1, 1.1.2, 4.1.1, 4.1.2 and 4.1.3 in the General Conditions, wherever the term Architect is used in the General Conditions, it shall be replaced with and shall mean the Owner as described in Article 2 of the General Conditions. 1. 2 EXECUTION, CORRELATION, AND INTENT 1. 2.2 Delete. Replace with the following: The Contractor shall thoroughly examine all factors reasonably available to him, including but not limited to the Drawings, Specifications, soils report, she boundary and topography, site conditions, site history, local information, and seasonal weather conditions in the preparation of his bid. Soil report data are not considered all conclusive and ft is the Contractors responsibility to further Investigate she conditions as he determines necessary. The Contractor shall be totally responsible for acceptance of the she and preparation of the she to the proper grade and compaction requirements as indicated by the Drawing3 and Specifications. Any construction performed by the Contractor on the project will constitute iocetlance of the site. Any construction performed by the Contractor on a building pad prepared by others will constitute acceptance of the pad by the Contractor. ARTICLE 2 - OWNER 2. 1 DEFINITION Add the following: 2. 1.1.1. The terns Wal -Mart and Owner shall mean Wal -Mart Stores, Inc., Bentonville, Arkansas. 2. 1.3. The Indemnification, defense and hold harmless of Owner by Contra:lor and any other right of Owner against Contractor shall rat be Impaired or affected in any way by the failure of Owner to provide Contractor with a copy of a notice to owner, notice of hen or mechanics lien. Contractor shall require this language In any contract with all Sub- Cordractorr. 2. 2 INFORMATION AND SERVICES REQUIRED OF THE OWNER D -) fete 2.2.1 in its entirety. Delete 2.2.5; replace with the following: 2. 2.5 Following receipt by Wal -Mart of the executed Letter of Intent, Wal -Mart will provide the General Contractor with fifteen (15 ) sets of Architectural Drawings and Specifications including Structural, Mechanical and Electrical) and five (5) sets of She and Grading Drawings. WM - Lake Elsinore, CA 00800 - 1 July 16, 1993 la Al 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 unrc:a- sonahh• withhold from the Owner oral separate contractor the Contractor's consent art cutting or otherwisratering lac Work. 3.15 CLEANING UP 3.115.1 The Contractor shall keep the premises and .surround- ing area free from accumulation of waste materials or rubbish caused by oficrttiuns 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 cquipmert, machinery ;cod surplus materials. 3.15.2 If the Contractor fails u) clean up as provided in flat- Contract Documents, tilt• Owner may do so and the cost thereof shall be charged to the Contractor. 3,16 ACCESS TO WORK 3.16.1 'It ....... lur shall provide the Owner and Architect access to k in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall dufull,I suits Or chines for infringement of patent rights and shall hold the Owner :laid Arc'hitec't harmless Gum loss Ira account thereof, but shall not le responsible for such defense or loss %%he•ar a particular design, processor prod uct of a particular manufacturer or manufacturers is acquired by the Contract Documents. Ilow'c•ver, if fhc• Cunfrac lur has rea- son to believe that the equircd design, processor product is an infringement of a patent, the Contractor shall be responsihlc for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by low, the Contractor shall incicmnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employee, of any of fhe•nt from and against cllnw, danulges, losses and expenses, iuclud Ing but not limited to :attorney's' (secs, arising out of or resulting from performance of the Work, provided that such claim, darn age, loss or expense is attributable to todily injur', sickness. dISGiSI' ur death, or t, injury au or destruction of tangible prolp- crty (other [trial the Work itself) Including loss of lase wS ltrtg therefrom, bill Only tO tile extent caused in whole or in part by negligent acts or omissions of file Contractor. a Subcchtaracror. anyone dire'c't] } or indirectly employed by them nr anyone for whose acts they may le liable, regardless (of whether or not such Clain I, clamagc, loss or CXIWIINC is caused in part by a party indemnified hereundcr. Such obligation shall not be construed to negate. abridge, or reduce other rights or obligations of indemnity which would otherwise exist as a) a party or person described in [his Paragraph 3.I9. 3.18.2 ft claims again,i any' person or entity indemnified under [his Paragraph 3 1 by ;art employee of file Conlrt'tur, a Subcuntracu,r, anyone directly (or indincdy rmploye•d by (Item or anyone for %chose acts they may be liable, the indenlnifica- liun obligation under this Paragraph 3.18 shall not be limited by' a hnr.t:tiom on amount ul type Of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit ads or other employees bci,cfi[ acts. 3.18.3 The obligations of the Contractor under (his Paragraph 1.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents ;and employees Of any of them arising ou: of (l) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or spc•cific•a- tions, or (2) the giving of or the failure to give directions or instructions by the• Architect, the Arc'hitect's consultants, and agents and employees of any of them provided such gi%iiw or failure to give is the primary cause of the injury or clamagc. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or :ul entity lawfully prac'tic'ing ;architecture idcn- lifted acs such in the Agreement :laid is referred to throughout the Contract Docunicn(., as if singular in number. The. term Architect" means the Architect ur file Architect's authorized rcprescntativc•. 4.1.2 Duties, WSJ)'Insibilitics and liniiLniuns of authority of the Architect ;as set forth in ill(- Contract Documents shall not le restricted, modified or cx(ended without w'riRCII consent Of the Owner, Contractor and Architect. Consent .;hall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against v %hunt the Cum tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparlgrgphs 4.1.2 and 4.1.3 shall he subject ill arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 '['lice Architect will provide adntnistration of the Contract its described in rile Contract Documents, and will to the Ow'ner's representative (1) during construction. (2) until final payment is title and (3) with the Owner's concurrence, from time to tints• during Ilse correction period described fn Pam - graph 12.2. 'Ihc Architect will advise and consult v%ith [lie Owner. The• Architect % %..a have authority' toad (on behalf of the 0%%rcr only w (lac extent provided in tile Contract Documents, orbits "Illcm isc modified by written instrument in accurdancc• with other provisions of Ihc Contract. 4.2.2 The Architect will visit the sale at inrer'as :appropriate to the stage of c rostructon t, bco.onic generally familiar with nce progress and quality of the completed Work :and to determine an general if the Work is being performed an it manner indicat- ing that file \[ cork, when complete(], will be in accordance will the Contract Documents However, the Architect will not be acquired to make exhaustve or continuous un size inspections to check quality or qu:mfiay of the Work. On nce hasis of on site Observations :as :111 architect. the Arrhit•c[ will keep the Owner informed of progress of tie Work, and %%ill endeavor to guard the Owner against defects and deficiencies in the Work, 4.2.3 The Archliec[ t °ill not have control over or charge of and will not he responsible for construction means. methods, techniques, sequences or trOadhlres, or fur spew precautions4IIf amt programs ail connection with file Work, since these are solely' the Contractor's responsibility as provided in Paragraph 3.3. 1'lie Architect will not Ile responsible for file Contractor's failure t, carry Out the Work fn ;accordance with the Contract Documents. The Architect will not have control (over or charge of and will not be responsible for acts or omissions of fhc• COn- 3 S AIA DOCUMENT A201 + GRNERAL CONDIl'IONS OF 1 HE CONI "RACI" FOR CON'SI'HI CHON • FOrH "Il'.1[NI'il FUiI'ION 1 -1987 ,\ IA''<'' IYN" fIIF. 451FHIe. ANINSI" I' I' t" 1' I'. OFAH(: IIII' 1:(: I' S, I"{ SNEw' YORK :\\' Fist F,Nw',w'ASIII \G ION. It< :!I)(IIK ++ WARNING: Unlicensed photocopying violates US. copyright laws and is wttjxl to legal prosecution. ,11JJ 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including :arbitration, unless otherwise agreed in writing the• Contractor shall proceed diligently with perfor- mance manse of [lac Contract and the Owner shall (onainoc to make payments in accordance with the Contract I)ocunlents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: 1 liens, Claims, security interests Or encumbrances aris- ing out of the Contract and unsettled; 2 failure of the Work to comply with the requirements of the Contract Documents; or 3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which :arc (1) subsurface or otherwise concealed physical conditions which differ matcri- ally front those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the• character pruricled for in the• Contract Documents, then notice b • the observin • tart • shall be ivcn to the other p; kl } R duty promptly before conditions arc disturbed and in no event pater than 21 days after first Observance of the conditions. The Arch1- icct will promptly investigate such conditions and, if they differ materially and c'ausc an increase Or decrease in the Contractor's cost Of, Or time required fur, performance of an Y pain of the Work, will r'xurnme•nd an equitable adjusinicnt in tile Contract Sum or Contract Tints, or both. If the An:htcct determines that the auditions at die site are not materially different from those indicted in the Contract Documents and than no change fn the terms of the Contract is justified, the Architect shall so notify the Owner :,-id Contractor in writing, stating the reasons. Claims by either pxtrty fn opposition to such determination cost be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor c:an im agree on an adjustment in the Contract Stmt or Contract Tune. the adjustment shall lie referred to the Architect for initial dctcr- Ininatiun, subject to farther proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If tile Contractor washes t) 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 acquired for Claims relating to an emergency endangering fife ur property arising under Para - graph 10.3 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) :art order by the Owner tO stop fhc• Work where the Contractor was not at fault, (3) a %vri[- te•n Order for it minor change fn the Work issued by the• Archi- tect, (4) failure of paynicnt by the Owner, (5) termination Of the Contract by Ills Owner, (6) Owners suspension or (7) Other reasonable grounds, Claanm shall be filed in accordance with (ht- procedure established herein. 4.3.8 Claims for Additional Time 4.3.6.1 If tits Contractor wishes tO make Claim fur an increase in the Contract Time, written ilOtiCC JJS provided herein shall he given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay un progress of the Work. In the case of it continuing delay only One Claim is necessary. 4.3.6.2 If adverse w'e'ather conditions ' ra« the basis for r Claim for additional time, such Claim shall be documented by dint[ substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had art adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. if either parry to the Contract suffers injury Or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other part}• within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time rel: ted to this Claim is to be asserted, it shall he filed its provided in Subparagraphs 4.3.7 or L.i.H, 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims :Ind take One or more of the following preliminary actions within ten clays of receipt of a Claim: (1) request additional supporting data from the claimant, 2) submit a schedule to the parties indicating when the Archi sect expects ro Cake action, (3) reject tilt• Claim in whole or in part, slating reasons for rejection, (•i) recommend approval of the Claim by fhc other party or (5) suggest :I compromise. Tile Architect may :also, but is not obligated to, notify Ihc surety, if any, of the nature and antoum of the Claim. 4.4.2 If a Chaim has been resolved. the Architect will prepare or obtain appropriate documentation. 4.4.3 If :I Claim has not been resolved, the party making the Claim shall, within tell days after fhc Architect's preliminary response, lake iliac or more of the following actions: (1) submit additional supporting data requested by the Arc'hitec't, (1) modify' the initial Claim or (3) notify (he Architect that the initial Clain) stands. 4.4.4 If a Clahn has not been resolved after considerationLion of tie foregoing and Of further evidence prcxntcd by the parties or requested by the Architect, the Architect will notify the partiesI in ",rating that the Architect's decision will be made within seven days, which decision shall be final :cod binding on the parties but subject to arbitration. 1'lon expiration of such time period, the Architect will render to the parties the Architec't's written decisioo relative to the Claint, including any change an the Contract Sum or Contract Time or both. If there is a surely and there ;appeals ht lea possibility of a Contractor's defaultr the Architect may, bur is not obligaed to, notify the surety:mdl request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim :rising Om of or related to flat, Contract, or [he• breach thereof, shall be settled by arhitruiun an accor- dance with the Construction Industry Arbitration Rules of the Aneric:rl Arbitration Association, and judgment upxmi the award rendered b}' the• arbitrator or arbitrators may be centered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for an Subparagraph 1.3.5. Such controversies ur Claims upon which the Architect has given nuticc and rendered a decision as provided an Subparagraph 4.4.•1 shall be suhI ec( to arbitration upon written demand of either party. Arhitrtiun may be commenced when 45 days have passed :titer a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA DOCUMENT A201 • GENFRAL CONDI "IIONS OF 'Pill' a ON "1 "RACI' FOR a ONSI'at Cl ION • FOUR 'a'EENl'11 EDI "1'ION12A201.1987 AIA'' • 40 17871'HE AMERICAN INSIIl l'E OFARCII "H "S , III .1. S. 1 55 Nfw' yoHK Al 1'NI.E, NW. . wAS111N(il'ON, O.C. _axXNi WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. er jer...?Iltlw+aa'i -aa"tMa1F+ rirBiB FILM VAB kH01 VM Fim TU BB8T AND 1K ft CW%BTIL f A VIOVINGS AVAFLAN A AT T8B TIP OF FX R• . 5.3 SUBCONTRACTUAL RELATIONS 6.1.3 The Owner shall provide for coordination of the activi- 5.3.1 By appropriate agreement, written where legally required tics of the Owner's own forces and of each separate contractor for validit the Contractor shall rccu c c,cs h Subcontractor, toI with the Work of the Contractor, who shall cooperate with cxicn[ of the Work to be performed by the Subcontractor, othem. The Contractor shall participate with ther separate con- toto be bound to the Contractor by terms of the Contract Ducu- tractors and the Owner in reviewing their construction sched- and :assume toward the Contractor all the obligations tiles when directed to do so. The Contractor shall make any in([ r, responsibilitiesandrespunxibilities which the Contractor, by these Docu- revisions to the construction schedule arc; Contract Sum ntcnts, assumes toward the Owner and Architect. Each subcon- deemed necessary after a joint review an'' nutual agreement. sht preserve and pre te rights of tetractagreementshath The construction schedules shall then constitute the schedules Owner and ,architect under the Contract Documents with to be used by the Contractor, separate contractors and the acs ; I to the Work to be performed by the Subcontractor so Owner until subsequently revised. that subcontracting thereof will not prejudice such rights, and Unless in the Contract shall :allow to tile Subcontractor, unless specifically provided ions relatedwhendtcOwnerperformsconstructionoroperationsrelatedwhenneepelf msconst otherwise in the subcontract agreement, the benefit of all to the Project with te Owner's own forces, the Owner shall beh rights, remedies and redress against the Contractor that the deemed to be subject to the same obligations and to have the Contractor, by the Contract Documents, has against [ht- sauce rights which apply to the Contractor under the Condi- j Owner. Where appropriate, the Contractor shall require each tions f the Contract, including, without excluding others, Suhcuntractor u, center into similar agreements with Sub sub these sutcu in Article 3, this Article G and Articles 10, 11contractors. 'I'hc Contractor shat make available to each pro- posed Subcontractor, Prior to the cxecW ion O(lte subcontract and 12. agreement. copies of nc• Contract Documents to which the 6.2 MUTUAL RESPONSIBILITY Subcontractor will tic bound, :cod, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- 6.2.1 The Contractor shall afford the Owner and Se tarots con - buns Of the proposed subcontract agrccnx r which n b e at tractors « ac rabic (o px o mmit } ((r mar duc o and storage of variance with the Contract Documents, Subcontractors shall their materials :cod equipment and performance of their activi- similarly make copies of applicable portions of Such documents ties and shall Connect and coordinate die Contractor's con - available u, their respective proposed Stile subcontractors. strac(ion :cod operations with theirs as required by the Contact 5,4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Documents. 5.4.1 Each subcontract agreement furl portion of the• Work is 6.2.2 If part of the Contrac'tor's Wurk depends for proper assigned by the Contractor to the O%vncr provided that: execution or results union construction Or operations lay the in ;niun (oI (lie1assignmentassignmentiseffectiveonly ;after ten h U separate contractor, the Contractor shall, prior tOOwnerorasePI Contract by the Owner fair cause pursuant to Para- proccedint, wish that portion of the Work, promptly report to graph 1 •i.L and only for (hose subcontract agreements tilt• Architect apparent discrepancies or defects ul such other tile]) the Owner accepts by notifying the Subcor a,nsfric'tiun that wutlid render it unsuitable for such proper tractor in writing: and execution and results. Failure of the Contractor sal to report shall constitute :all acknowledgment that the Owner's or scp:a. 2 :assignment is subject to the prior rights of (lac surd}•, rate contractors' cunt IercJ or partially completed construction if any, obligated under bond relating w file Contract. is t •cod proper to receive the Contrac'tor's Work except as tofitIIp 5.4.2 It file Work has been uspcilded for more (hall io days defects not then reasonably discoverable. the Subcontrac'tor's compensation shall Ile equitably adjusted. 8.2.3 Cusps caused by flays or by improperly tinted activities Or defective construction shall be borne by tie party resjonsl AR TI CLE 6 hie therefor. 6.2.4 -fhc Contractor shall promptly rdnedy damage wrung CONSTRUCTION BY OWNER fully caused by the Contractor to compk cd or partially com- OR BY SEPARATE CONTRACTORS pletcd construction or to property of tile Owner or separ tc 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION contractors tact provided in Subparagraph 10.1.5. AND TO AWARD SEPARATE CONTRACTS 6.2.5 Claint and other disputes and matters in question 6.1.1 The Owner reserves the right to perform construction Or between the Contractor and a separate contractor shall be sub- operations related to the Project with file Ow'ner's own forces, feet tl the provisions of Paragraph -1 3 provided the scparta and (o av%ard separate contracts in connection with other parr contractor has reciprocal obligations. tions Of tile Project or other construction or operations on fhc site under Conditions of the Contract identical Or substantially 6.2.6 The Ov%ner :laid each separate contractor shall have the similar to these including those portions related to insurance sane responsibilities for cutting and patching as are described cod waiver of subrogation. If the Contractor claims that defy' fur the Contractor In Paragraph 3.1•i. or additional cost is involved because of such action by the Owner, the Contractor shall make such (Taint as provided else 6.3 OWNER'S RIGHT TO CLEAN UP where in the Contract Documents. 6.3.1 If a dispute arises among the Contractor, separate con- 6.1.2 When separate contracts are awarded for different por tractors and the Owner :as to the responsibility under their tions of the Project (or other construction or operations on fhc respective contracts for maintaining the premises and surround - site, the term " Co,..ractur" fn the Contract IAtcunlents in each ing :area free from waste materials :cod rubbish as described in case shall mean the Contractor who executes each separate Paragraph 3.15, the Owner may clean lap and allocate the cost Ow'ncrCon(ractor Agreement. among these responsihle• as the Architect determines to he just. AA DOCUMENT A201 ' GI :NFRAL ( (i.NI)FI IONS OI' "[ 111.. CON IRACI" FOR c.ONSI "RI Cl ION • For'RI'EENTH EDITION 14 A201 -1987 AI!.'' "1,I')H "1' IIE ANIERICANINS' 111 VI'1 01F'ARCHFI'EC'I :S. 171SNEW'YORK AyENVE, NIX, WASHINGTON, D.C. 2111ttf WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal proseatilion. 11 ARTICLE 7 .3 lust it) be determined in a manner agre••d upon by the panics and it mutually acceptable fixed or percent - CHANGES IN THE WORK age fee; or 4 ;IS provided in Suhparagrllih 3.6. 7.1 CHANGES 7.3.4 Upon receipt of a Construction Change I)irecnive, the 7.1.1 Changes in the Work play be accomplished after exc u- Contractor shall pnnmpdy Proceed with tilt change fn the lion of tilt• CuntrACI, and without invalfdting Ihc Contract, by Work involved and advise tile Architect of the Contractor's Changc Order, cunstruclinn Change Directive or order for it agreenicnt or disagreement with the method, if arty, provided minor thane hi the \\'ork. subject ill the limitations stated in in Ihc Construction Change Directive for determining the proKI this Ankle " and cis ilm in the Cuntrac( Docunhcnls posed adjustment fn Ihc Contract Sum or Contract 'Title. 7.1.2 A Changc Ur Jcr shall Ile , ill up ) a recincml among 7.3.5 A Cons im U l n C h.uiµd I )' uu liv c signed by the Cuntrac Construction Chan c , o" • ( "onnac(or therewith incud- thcOwucr, Cuntracwr and Archdccl: .a K for indicates Ihc :a}(rccnu•nt I lilt O% Nn r ant! Architect ;utd contract Sum and Contract '11nic• or the Uircuiwcreyuiresaµrccnu•m I) the c inµadjustment in (, tr.K u ma • or may not be agreed w h% the Contractor: an order for a method for docrntining them. Such agre•emcnt shall be effec minor change in the Work imn be issued by Ihc Archite'cl live immmediacly and shall Ile recorded as a Changc O)rdcr. lone 7. 3. 6 If the G Nrrac'tor does not respond prontpdy or disagrees 7.1. 3 Changes in the \\(irk shall Ile Pea lornlLd under apph With Ihc method fir adjustment in the Omttacf Sum. the eahlc I) P>%isions ill tic oinrract Dncunenh, and the Connor mcthnd and Ihc adjusUtic•m shall he dcic•nnincd by tx' Arkin fur shall rocc•ed promptly. unless other\isc +roeidcd ill Ices on file hasis of reasonable ex xnditures and sIin , of I 1P11 }( Changc Order, Construction change Directive cr order liar a these performing tc \\'mark andbufahlc to the (angc, tclud- r change • r de \York. I s' in h • Cunt rare Stint a n•asucable minor (t.0 µI t inµ. in csc I (:m increase cthe 7. 1.4 It unit pnc'cs arc stated 1) the C)ntiacl IAeunxnl, or allo\ ancc fur uwcr11cad and Prnlit. In such case. And oleo under maw agreed a pun :uKl it I u ;uuitfc, on fn;dly run cim isc'_i.3,1. file Contractor shall kce•p and Present, in such ub s(juLl µI I K Order Con Iona as Ihc :1rOilect may pfc,i nbc, all iu'nuzcJ :uauuuinµte11) plated arc• sr (hanged in a pre posed (lia c role rIRiIP together Wnh appropriate lupjmninµJana. 1'nlrss nthenvic• nnructton Change Dtcc Inc that applictiun ill such till,( pries u. L u.utities Of \\ 'ark pro lowd will caul% substantial filet ill[. pielwfded in Ihc Contract INll tic brl,. rods Inc tole nving , of I I I I This SuhP :ua} ;r :gph ' i.b shall he Ihniu•d ur the lidlu+ +•inµ. tar file Oinner or Cnnuact)r. fhc applicable unit priers shall be rquitahly adjusted. .1 rocs of labor. including social ,mirii\. old age and unem x' hploynnl insurmce, binge hcnclih required he 7.2 CHANGE ORDERS agr(emcm or custom, and morkcr,' or workmen's 7.2.1 A Change Order is .I +%finer, in,lrunent Prepared by (he condensation fmurance. Archilcct and signed by the Omer. Contractor and Architccl, .2 costs of materials, supplies and e( ui mment. in(ud- statin their a recrnent ki pen all ill file fllnwin I I I 1 µµI K oilµc nl ill transportation, wheher inmrpwrar• d or 1 a change in the Work: consumed: 2 the antuunr of the adjUsuncnl in the eonfracI Sun'. if .3 rental cosh of n'a(miner' and cquipntcnt, ex( ustwt of any, :um' hand owls, whether rented front the Contractor or 3 the extent of tilt- adjustment fn the Contract 'Time, if other,: any. .4 eo, s of lircri u m fur all hands and insurance. permit fees, and ,:des. list- or similar taxes related to the 7.2.2 \I('IIKKIs used in determining adju,unents d. the Cuntract \ York: and Sun) maw n(tidc those II,ICd in Subparagraph - ..'..j. 5 additional rush of suen'isiun and IicIJ )flirt-• pc•nun 7.3 CONSTRUCTION CHANGE DIRECTIVES net dircrfh' aurih.uahc to the (mange. 7.3.1 A Con,tnr.tioo Chmigc Dirccuye lea wrincn Order Plc- 7.3.7 Poidutg final dcicrininatiun of ens to Ihc (,,,OCT. pared by Ihc Archtcct and signed by the ( Finer and Architect :unotints 1101 in dispute may be inctudcd inApplicationsfordtrectinµa (panµ( in Ihc \ \'ark and atauntµa proposed ha +is fur 1'acnrc'ml. fhc :unounl ill rn'dil w be allu\ccJ by' tilt- Cunlrar adjusnK•nt, if any. Ili the Contract Swn ur eont rat 1 'fine, )r for u. dx' Oincr fir a Jcictiun ur change \ehich reNOIN in a tte•r holh 'I lie (m tier may h% (.onstrtmion Change Direruwc. dectea,r m the ('.nntrart Stint shall he actual Ile[ ant a, con' Wit rot IMAILIAting file Cuntract, f ader ,lmng1, Ili it \\ )Fk ill f io s and iredin inhm the general scu x• of Ihc Contract consisting ill addl tnx•d by' Ihc Arc rOrk t hen hold] ode r n , d I al\'crinµn'I;ucd \\'ork or . +ubSliunk ms are inwol\cJ in a I inn%, deletions ur of her revision,. the Cont raa Suns and Con change. the dlo, %antcfir uvcrht-ad and prulit shall be figured t x i 'I title bang adjured accordingly tin the basis ill net inctea,c, lane, with rc,iect to fhau ih: uhµc. 7.3.2A Consmuctfun Change' Directive shall be used in Ihc 7.3.8 11 the ()\%tier and Conlrauur du nut .191%e \eith Ihc nhsenre of total agiecmcnl on the terns of a change Orefer. udjusnent in Comrarl l inu• or fhc nmclhuJ Gm Jctcnnininµ it. i i%c pro\itics for an the adjtisuncnf or Ihc method shall tic fett•rreLI n) the :Architect 7.3.3 If tilt- Consn)ctil n Changc I uuu j adjustment ur the Contrail Suns, Ihc adjusunenf shall he hosed 1101 dctcnnin: Uion. tin 0111 ,:f Ihc fulln\wing method,: 7.3.9 \\ hen the I )\%tier and Contractor agree with the deter 1 mutual arreptancc of a lump sun properly iummizcd minalion made by fhc Architect anienhing fhc adjustments in and supported by sulllcicnn suhsamlaing Dale, w per the contract Sot and Contract 'finhc, or other%%Ise rcadt agrec . nit cyahlation. 111CIIt upon the adjUStnentl, skirl) Agr•cnx'nt shall he effict' 2 unit priers sMCLI in the Contract Documents or Sub. inntediatcly and shall be rccordcd by pn:paralton and cxc sequcnth' agreed upon: tiun of :u' appropriate Change ( ) rdler. AIA DOCUMENT A201 I.FNIlUte)NIIIII)N, UI 111F(0SINA( I FUN( e N1lNO alt\ norNi FlNIII FmlmlN AI.\' •°- 19N"' I11FA, tiNICANINS1111' IFOF.W Hillc Is. I- S. NI: w' yONAA \i%lF.N\ \.wASmNGMN.)L.axxx. A201 - 1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. M1` =.. i -.. Owner a Ccnifmcae for Payment, With a copy to lilt- Contras. tor, for such amount as the Architect determines is properly clue or no ifv the• Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5. 1. 9.4.2 'The issuance of a Certificate for Ilaymenf will constitute a representation by the Architect to Ihc Owner. based on the Architec't's observations at the site and Ihc• dace comprising the Application for I'aynlcnt. that the Work has progressed to the Point indicated and that, t(r the best of file Arc'hitect's know) edge, information and belief. quality of the Work is in accor dance with the Cuntract 1)ncuntenls. The foregoing re• prescnia tiles are subjrc'I to 311 evaluation of the \Vork for conftrcmmncc• with the Cuntract Documents up()n tiuhstandal Completion, mr v' ions r S to minor doLmresultso(SUbscyucm tests and insjx•cm n , Ir rn the Contract DOCLInICIIIS correctable prior to cumplcliun And u) Spec'tftc qualtfc:tiuns expressc(I by the Archilcct. ' Pile i-mianc'c Of a Ccrrific lc for I'aynenl Will furfhcr c'unsli)Uc as representation that the Comrrcwr is c tilled Iu pa)'nenf in Ihc antuunr (certified. I lowc%cr, the issuance of a Certificate for Pa)- mc•nt Will not Ix• a rcim-sc it Lion that the Art mico has (1) i made exhaustive ur continuous onsir• insp c(d(,kil u) cha'k the quality or quantity of the \York, (1) rc•vic+vcd i) mStructinn means, meth)d,, tcctniques, sequences or procedures, ( i) reviewed eupics of requisitions received from Suhcontrrcwrs and material suppliers and other data rcgnesred h% Ihc Ow' n1r m) subsentiatc fhc Cuntr i(ir's right u) payment or (-t) male examination to aNLc•rfain how rte fur What purpose the Cuntrac tar has used money previously paid on account of to Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICA7ION 9.5.1 'Ihc Archilcel may de•(dc nut mr ccrlify P:nn)ctt and Ina)' (cithhold a Certificate for Payment fn Whole or fn part, to the extent rcasntal ly necessary h) prntea tilt Outer, if fn file Awhi(cet's )Pinion the reprmnt :lions to the Owner rcgtrc• d by Subparagraph 9.'t,_) enmut be made. If the Archibsl is unable to ccrlify p:n•ment in the• amount of the• Application, the Archilcct will notify' the Cuntracwr and O\ \ner :is provided In Subparagraph 9.•11. If fhc contactor and Arcliifcct cannot agree On a revised amount, the Arl'hilt•('I Will I)ronlPdy issue a L•fltieall• for Paynenl for fhc amount for which the architect is able u) make such reprc•lcntatiur. h) the Owner. 'Pile Archi- tccl 11hay also dc•(de not w ccrlify Payment or, Ix(JLISC of slh,C(luc11dy discovered evidence Or subsequent )bs: rvations. inav nullify' the whole or a pan of a Cc•rnifhrtc for Paymcnl Previously issued. to such extent as may Ix• necessary fn fhc• Architect's )pinion to protect the t piper from loss bec:une Of: 1 dclectice %V(irk not remedied: 2 third Party claims piled or reasonable evidence indicat- ing probable tiling of such eamilln: 3 failure )1 the Cuntracwr to make payments prop crl\ to Subcontractors or for labor, materials or cgwpnicmt: 4 rcasonahlc evidence that the \\'ark cannot be com- plutc'd lilt the unpaid balance ill Ihc contract Sum: 5 damage to the Owner or another conractor, 6 reasonable evidence than the Wurk will not IV com- plcfcd Within the contract '['title, and 1h.t the unpaid h :dance would not he adequate w cower actual or lee liquidated Iaim es for tile• anticipated delay: or F failure to car • out the \\'ark in accordance I disability ixne•tit and uncer simil u .7 Iersiscm r Whit) arc applicable w de \\ h till [lie Contract I)leun)cnts. i r CO9S1' l C nN -lot F I'FFNI'II F) IIIUN I AIA DOCUMENT A201 • GI!Nf.NAI. I :UNU111UN, OF 1111! (.UN1ltAe7 N)N (.U.NSriil'CI'IUS • IUI.N IT :F.lxlll IIUI'1' IUN AIA DOCUMENT A201 • ACNE INS. 111 lE OF AR III I 1F. CI 1- i' NCT FOR , . N I Ixx 17 AI.A'• e- I')N ?'I'111 :A \IF :IiI( :AN IN,'It'rl "1'F Ut AN(:11111:t:1',,I ' i \ \F :W7'UI'.x AwFNI'F.NU'. WA,IIINI,rUN.ni. !IxMx, 15 1 AIA' • uilI)x7l'lIF'.MF.NI( :ANIN,IIII'rFl) FAN /: III' rF1' I' 1, 1' iSNFi' 1' UHKA \'FNl'F.NVa',wA1tIIN1;11)N,nl :_ K A201 - 1987 I u legalrosecullon. e U.S. Copyright laws end lea t to WARNING: Unlicensed photocopying violates U.S. copyright Isws and Is subject to legal pmlaeeutlon. ! WARNING: Uni!r.ansed photowpying vlolete Wet: eg P asst- ^;: T.'r -rs sass . .. v. 9.5.2 When the ahuvc reasons tier withholding certification arc removed, certification Will lice madc fur amounts pre% lously withheld. 9.6 PROGRESS PAYMENTS 9,6.1 After the Architect has issued a Ccr if(ate lit Pavnunt, the Owner .shall make )a nicm fn the manner and withinfile I } time provided fn Ihc Cuntract Ikuuntcnts, and .411311 so notify the Architect. 9.6.2 'file Contractor shall promptly pay each Subcontractor. upon receipt of payment from the Owner, out of the amount paid to the Contrac(r on account of such Subcontractor's pmrr Lion of tilt- Work, the amount to which said Subcontractor is entitled, reflecting fic•rc'entages actually retained front Pa)' nenu to the Cuntractot on account of such tiubcuntrtctor's portion of the Work. The Contractor shall, by appropriate agreement With catch Subcontractor, n•quirc• each subcontractor to make pa)•mcnts to Sub subcontractors fn similar manner. 9.6.3 The Architect will, )n request, furnish Ur a Suheontrar, tor, if practicable, information regarding percentages of cum - plctiu11 or amounts applied for by the Contractor and action taken thereon by the Architect and ( )\\'tier on account of Pun Lions of the Work done he such Subcontractor. 9.6.4 Neither the I)wncr nor Arcti«•cI shall have an obligation u) pay ur to sec to the payment of nmmcy to a Subcontrtctur czccpt .is stay ufhcirwisc Ile required by la\\'. 9.6.5 Paymcm to m:ucriad suppliers shall he treated in a manner similar to that provided in Subparagraphs 9.61.7 G.1 and 9. 6A. 9.6.6 A Certificate for Ira) merit, a progress payment, or partial or entire use or MCLIJIucy of tile Project by tilt• Owner shall not constinte acecpetnce Of Work not fn accordance with Ihc Contract INKnme• III1. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect Liles not issue A Certificate for Pawlmcllf. through nO fault of the Contractor, within seven days after µre(cipf of the Contractor's Application for Payment, or if the Owner does nut pa% Ihc• contractor Within seven dates after Ihc date established in the Cuntract ix,ciunenls tile anmunt cer- tified h)' tic Architect )r awarded by arbitration, then the Got- iractor may. Ulmn seven additional days' written notice to the Owner and Architect. still, the Wurk until flavilent ) f the amount owing has been rc•cci%vd. 'Pile (.contract 'I ilnc 111: 11 IV extended apprnprialcly sox! the Contract Sum 1ha11 le increased by the amount of Ihc Contractor's reasnable one; of shut -down, delay and slarbuP, which shall Ile accuniPlishco.1 provided in Article 9.8 SUBSTANTIAL COMPLETION 9.8.1 substanu d Completion is Ihc• stage in the prugn'S, of Ihc ork v. Iwo the Wurk Or design :odd Portion thereof is suffi- cicnd\ cnmpictc it, accurd:ntc \%fill Ihc Contract IRwunicnls s) the Owner can occupy or utilize the Wurk for its intended II,I• 9.6.2 A hen du ; ,.mraetur considers that the Wurk, or a por- ti :)o t11trc•of whit Ihc O\vner agrees to accept scpararly, IN uhslan(fally cony)lci(•, the Contractor shall prepare and submit tothe Arch 1icet a comprehensive list of nuns it) be c)mplcicd or turrcctc•d. 'Pile Contractor shall proceed prtnnptf) w umr pleic and currcct items tin the list. Failure to include am item on such list d(ws not alle•r the reslxmsibility of tile Contractor m co tit Plet e• all \\'ark in accordance Willi the Contract Doe'u- nu•n1s. llpwn receipt of Ihc Cutmcur's list, Ihc Architect will n'akc soil inspection I I p i r ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 -1 tic Contractor shall be « :spunsiblc• for initialing, main etnin and supervising all safety precaution, andprograms in µI conncc'li)n with the perlormance of the Contract. 10.1.2 In the event the Contractor cncounlm on the site material reasonably' bchcecd to Ile aubc,los ur polychlu dialed biphenyl (PCB) which has not hccn rendered) harmless, the Contractor shall immediately stop Work in the area affected and report the condition to Ili(- Owner andArchitect in +writing. I The \\'onk in the affected area shall not thereafter be relunxd except by wrincn agreement of the Owner and Contractor it in fact the material is ashestos or pmlychlorinacd biphenyl (1'CB) and has not been rcndcrcd harmless. The \\')rk in the alfccted area shall be rC,umed in the ahsence of ashcsus or polychlori nacd hi phenvl (11CI3), or when it hasIlecn rcndcrcd harmles,. I by \wrincn agreement of the O\cner and (. ontractor, or fn acculdatce with final determination by the Architect on which arbitraion hat, not hccn demanded, or by arbitration under Articic I. 10.1.3 'I'hc Contractor ,hall nut be re(Im i purianr w Artt(c u) Imfurm Without consent any Work relating ill aslx•stos or polychlorinated hiphclivi (1'Clq. 10.1.4 To the Iulic•si extent Imminc•d by law, file Omicr shall indenmif\ and hold hanmicss the Contractor, Architect. Archi meet', cunsuhants and agents and employees of ahy )f them front and against caunhs, d:m:agcs, losses and cxlxnscs. in(ud" ing hill 1101 tithed to attorney.+' flues, :rising out of or resulting from perlimnancc of d••• Wurk fn the afl'ccled aria it in fact file material f, asbcato, or INdychlmi., I,cd biphenyi ( PCB) and has nor Ix•L•II rendered harmless. provided that Stich (aim, damage, loss or expense is attributable 10 bodily injur, sickness, disc or death, or to injury tit or desintction of tangible property other than fhc W(lrk itself) Including loss of use resulting thcrt•from, but only ho the cxtcnl caused fn \\hole )r in parr b\ negligent act or omission, of die Owner, anyone directh or indircrty empl0ycd by tic Owner or anyone for whose air, the Otoner ina\ Ile liable, regardless of \\hclhcr or nut sill) claim, daniagc, loss Ur cxjense f, caused in part h) a Pony indcmniftcd hcrcundcf. Such ohlig:ltiun ,hall not lie cOO lrtic•ll tit negate, .abridge. or r(•dleC niher rights or ohliVaium of inc!enmir +which V: OUld otheryis• exfsl as W a Party or person ucscrihcd uh till Subparagraph 10A.1. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor ,hall take rc•.nomP \ le Prccauliuns fir piety rot, and shall prmide n•asunahIc pr)tccnion w plc\,c•nt damagc. injury ur bus w: 1 cniployms on the Wurk and other I, erauns \% lit) Ina). Ile ailcctcd thtn•hy: 2 the \\'ark and materials and cquipmcnOo It- incurpxr rated tltercil,, whether in uorage on or oil the site. under airs, custody or Lunuul of the Contractor or the Con(ractor's Suito,1)WN,:ciun or Sub- stihmntrac- for,: and 3 )Ihcr prupcn) a the Site ur adjacent limit, such :is bees, shrubs, lawns. walks. pa+' cnetits, road%\ ays, Slmcuucs and tilitic•S not J(',iµn:ucd for rcnun' a, rdl>• cation or rcplaccnu•n1 in fhc• icon• of nnutncliun. 10.2.21lic Contractor shall give notice, and comply with applicable laws, ordinances, nle•s, regulations and lawful orders ill public authorities hearing on safety of persons or prol) cny or their protection front damage, injury or loss. 10.2.3 The Contractor shall crc(t and maintain, as required by existing conditions and 1wriunnance of the Contract, reason- able safeguards for safety and protection, inclUding IN)SOng danger signs and other warnings against hazards, promulgating sadep regulations and notifying owners and users of adjacent sites and utflltics. 10.2.4 V('hcll use or storage of explosives or other hwiarduus materials or equipment or unusual nic•thods are necessary for txecuniun of the Work, the Contractor shall exercise uunus care and carry on such actiwifes under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly reme(ly damage and loss other than da magc or loss Insured under property insurance n•quircd by the Contract DOCUll •rots) w property referred u) In list', IW2.1 ' and I(F_' 1.3 caused fn whole or fn part by the conn'act(jr, a Subcontractor. a Sub-subcontractor. or anyone directh. or indirccty em )loved h • ate' of them, orh% anyone I > for whose acts flick, may Ile liable and for which the Contractor is responsible under Clatises 10.1.11 and I01.1 i, except damage or loss attributable n) acts or omissions of the Owner or Architect or anyone %tiredly nr indirecty employed by with r of thou, ur by anyone for whose acts either of them nim Ile liable, and nut anlihutablc w the fault or ncgligcnvc of the Contractor ']'lie lorcguing ohlig:tions of the Contractor arc in addition mr the Contrac'tor's Obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a resPlmsible member of the Contractor's organizaion at the site whose (tiny shall Ile the prevention of accidents. This person shall he Ihc contractor's superintendent unless otherwise designated by the Contractor it, . writing to the Owner and Archilcct. 10.2.7 "[ht- curmactur shall not Iliad or permit any part of the constru(non or site to be loaded a) acs (I) endanger its safety. 10. 3 EMERGENCIES 10.3.1 In an c•nu•rµcncy aflictinµsafcl)' of ppecwns I rr pnux• ny. the romraci r shall ;jet. at the contractor's discretion, ur pre•. cent Ilrcatcncd damage. injury or loss. AJdidonal anmpensa lion or cxnlnsiun of tins• claimed by Ili(- Contrimm o m iccollm of All cnhcrgcnc )' 111:)11 le (ICIerinincd as provided in Paragraph 4.3 1nd Article'. INSURANCE AND BONDS 11.1 CONTRACTOR'S INBILITY INSURANCE 11.1.1 'file Contractor ,hall purchase front and maintain In a rulnpanc or rontpamcs lawfully authorize) to du bLlsineSS in Ihc jurisdiction in which Ili(- Prujcct is Illraled such Inseam• as will protect the Contractor front claims Net forth hclui' +\' Inch nwa arise out of or re:suh front the Contractor', operation, under tilt- Cuntrmrt and for which the contractor ma)' be Icg: lly liahlc. whether such operation, It- by Ihc Cum ILI(K or by a Suhcuntrartuh or by JOvOIIC dilCL1I\ ur indirectly vm ployed by any of theft. or by anyone tier Wh).0 acts any of them nh:n' It- liable: 1 (aims under wurkcn' or \\urkntc'n', conhllensation, r anpluycc Ixnelin at rk w he focrli)rhncd; w Jctcnnint +ehenhcr file Wurk )r Jcsiµ- t; THIo 8Ii,11 WAS PRODUCED ? 9011, THE MIST AND MOOT DRAWINGS AVAILABLE AT T9E TI OF 1 IWIE A F. A201 -1987 19 i'• his- c°f"n... !'>P' r for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, ;my of the Work is found to be not in accordance with the requirements of the Contract Documents. the Contractor shall correct it promptly after receipt of wrilte•n notice from fit(- to do so unless tilt Owner has previously given the Contractor a written ac'ccp- l:mce of such condition. This period of one year shall he extended wilh respect to portions of Work first perrfonnecl after Subsunti,.l Completion by the• ix•l iud of tins• between Suhstan- Hal Completion and the actual perfunn:mte of the Work. This obligation under (his Subparagraph 12.2.2 shall survive accep rail'(- of the Work raider the Contract and termination of the Contract. ']'be Owner shall give such notice promptly :titer dis- covery of the condition. 12.2.3 The• Contractor shall rcru a from the site portion., of the Work w'hith art col in :,: :'ordancc• with the requirements of the Contract Do(unx•nts and are neither corrected by the Contractor nor accepted by (h(• owner. 12.2.4 If file Contractor fails to torrctI nonconforming \Yuck within :I reasonable tittle, life Owner Ilia) correct it in accor- dance with Paragraph 2. 1. If the Cuntrcor doc% not proceed with correction of such nonconforming Work Nvilhin a reason able line• fixed by written nolite• from the Ar('hilccl, the Owner may remove it ;uxl store the sakahle material,, r equipment at the Contractor', expe•nw. If the Contractor doe, not pan' cost, of such removal and storage within tell day, Ater w'riucn notice, the Owner may upon teen addition:' clay,' wNivii notice sell such maicriAs and equipment ;u auction ur at p:nvaw sale and ,hall atLount for the prMCC(IS there(d, after do fitting tu,t, and 'aim ige, that should have been horns by Ihc Con Hat. U,r. including tonilmisation fin life Arehitect'„ereite, :uld expenses nkadr necessay thereby. If such procceel of sale do not aster t(l,ts Whl('h fill' Contractor should lime home. line Cuntr.i, I Sunk ,hall Ix• retuned by the deficient}'. If paynicnt, f Lcn w thci caller due tilt• Cuntrctt tr ;lee still sufficient h) a )kcr such :unouna, the Coniraclur shall pm}' the difference u) life owner. 12.2.5 The Conuach)r .shall bear the toss of torrcettng dcstnnrd ur d:anagcd construction, whether tumplcic•d or partialiv tu1111,10cd, of life Ow'ncr or scparlc eunf rlLh,r, is :scLI by the Contractor's torrecliun or rttnuval ( Work wait If i, not in 'kccurd:.ace with the requiements of (he ::on. tract IN)cunlcnt,. 12.2.6 ?, Ling aoaincd in thin Paragraph 121 Milli be (oa. true•' w c,tahlish a period of liniirmion w'tah respect to other oblig,l;oos Which the Contractor might has'c under the Con flat'. iNic'unx•nt,. Establishment of the ,';rc period of (life year u 1IC1Lrlx'(I if. Subparagraph 12.2.2 1,131C; only to (I)c 'pc, ilia obligation o.; the Contractor to correct the \York, and h:1, no 13110a,,hip R) Ihc ;:me. withm %%hRh Ihc• obltgali(ln to comply widi the Cunim,t DOrun¢•nt, m:ay be viughl to he colt utcel, nor to life Jinx• \ ,thin which prorredings ,can' be cuntnicnte(l to cst ;. );i,h flit Cuntracto,'% liability with r :.spccf to life Con Tractor's uuliganons utho tar spccilically :o _orrec'1 file Work. 12.3 ACCEPTANCE OF NONCONFORMING WORN 12.3.1 If life Owner prefers u) accept \\Cork which is IVA in accordance tvid) Hit .c ...quircmcnis of (he Cun!rcl Doc'utncnls, the U\kncl m;(' (: • . ' isicatt of rc(jwring its rentuyal and cur r • iol in W otdi .t t • Co if ;;( I Sunk will be reduced asletf, n tar h( I anpruprolc and equitable. Such adju,uncut shall he cllcccd wholicr or nut final payment has ipcen nmdc. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13. 1.1 'Ihc Contract shall be governed by (he IoW of the place where the Project is lotted. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Uss'ndr and Contrkcu)r respectively hind them - sciccs. their partners. ,occcsscrs, assigns and Icgal represcnta likes In the other p;wN IlCfCIo and lei partners, successors, assigns amt Icgal representatives of such other parry in respc•c't u) covenants, agre•enlenrs and obligadons contained In file Con - trat( Ducunkcnls. Neither party to the Contract shall assign the Conirao ;is a xholc w'i,hout written consent of the utter. II either pony ;ntcnipis fn aiai;c• such an assignntcm w'ifhout such consent, than parry shad nevertheless remain Icg;flly responsibk• fit Al obligations untl-T file Contract. 13.3 WRITTEN NO'tICE 13.3.1 \C111101 I" Par shall be (IM11 •tl to h:nt• hccn duly served if deliverc:l let Ix•n;on to the individual or a nrenticr of do lirni ur entity or lD at ufliter of Ihc corputation li)r whidf it w:B 111101(lVd, or it delivered at or will by registered or certified nrtil to the last business address known to the pact), giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations intlos'd by Ihc Contract Docu meals and rights and remedies availahic thereunder shall Ix- in addition to:utd not a Imtil :uiun of "uulics, (wliganuns, rights anti tncclics ulberr('i,c inmpose'tl or :n'ailahlc by Lay. 13.4.2 No action or failure to act by Ihc O%%*ner. Architect or Contractor shall constitute a % % ;it%cr of a rig :u or duct' aflorded them under the Contract, nor shrill such action or failure n) act c(mslitulc approval of or * (ji iewcrice in a breath Ihercuoder, except as imiy be spccifie :dly agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests. m%pcoioos and appruv:ds of portions of Ihc irk required hp the Om ail Documents or h% Loy c, orch win cs, rules, regulations ur o«Ice, of public :nn horn it-, having jurisdiction shall lie made :it an approprulc lime. I'nless other wlsc provided, the Contrattor shall italic arrangcncnts for sorb rests. inslx•ttions and :q)pn rcan \cith :m indcpx•nd(•nt least ing Llhor,tor' Or entity ;iccepethle u) the Owner. or .kith (h.- appropriate public authority. and shall hear all related costs of tests. inspctfions and appruvals.'['he I immitlorshall gi%c the Aidiitc(t timely notice of when and where tests and in,j)(v lion, :e.c to hr made so Ihc rlrchilctl aim obscnr such prate. dire.. 'Iac Ov ncr shall Ix:ar Lusts of tests, inspcoums or appruk:d, which du Hill become w(linicmcius until allvr bids Are n•tcived or negotiations runtluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi tiuna l testing, inspetdon or :approval not included under Sub paragraph 1 t.i.1, fill- Arc'hitco will, upon \v rilicn authorization hom Ihc ( )wner, instruct life Contractor to nlakc arrange......, or s, h addifioral testing, inspection or :gppn)eal by an entity acceptable to tae Owner, and Ihc G .,tractor shall give finch' notice to tic Architect of when and Where Ies(s and inspeclinns ue to ire matte so the Architect nim. obsrrye such prim-6 ns. AIA DOCUMENT A201 • 111 .R \I. COND111ONM OF'I III (()NINAC I I'0R CONS I'NI (T ION • I-O R'I -FFN I II 1'DIIION 22 A201 -1987 AIA••', VIM- I HI' A\IFRI( A. INS'I i l "site()F All( fill I(I,, I- iS NEW 'pORF.A \' FNI I. N W', W'ASHING10s. It 21NNR) WARNING: Unlieane,r.. photocopyLpry lalairts U.S. copyright laws and is subject to legal prosecution. I I t 4.. 1 AIA DOCUMENT Affil • GENERAL CONDITIONS OF THE CONTRAC. FOR CONS] RnCI ION • FOUR EENTH Ent"[ ]ON WM - Lake Elsinore, CA 24 A201 -1987 AIA® -©19117 THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEWYORK AVEN1 iE• NIX., WASHINGTON, D.C.?IRXx, l WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal prosecution. Reprinted W93 r_-...-.--., -.-, ....,.,- ..:.-r.•.n,`-- .—,.«, erg- . --+- _.. - .. - .. _._ . -: . ,• ., .- :: c c - _ r J , TRIES I+IIA WAS I3!BIOD m TNUMI,- TIM BUT AND IiOft COMM DAPINGS AVAILABLIC AT TUN PI OP TII T t, July 16,1993 77177#77 T," .r, ? •7$f- 't/9,a.*ye'iPai 1Q dS,.. ra...t y. - Ila Additional Drawings and Specifications may be purchased at the expense of the General tify such action, may without prejudice to any other rights or Owner. The a, count to b: paid to the Contractor or Owner, a5 ( Contractor, remedies of the Owner and after giving the Contractor and the the case may be, shall be certified by the Architect, upon appli- - Contractor's surety, If any, seven days' written notice, termi- cation, and this obligation for payment shall survive termina- nate employment of the Contractor and may, subject to any tion of the Contract. ARTICLE 3 - CONTRACTOR prior rights of the surety: 14.3 SUSPENSION BY THE OWNER 1 take possession of the site and of all materials, equip- FOR CONVENIENCE 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR Intent, tools, and construction equipment and machin- 14.3,1 The Owner may, without cause, order the Contractor in Add the following: cry thereon owned by the Contractor; writing to suspend, delay or interrupt the Work in whole or in 7 322.1 The Contractor shall be responsible for the accuracy of measurements, elevations, 2 accept assignment of subcontracts pursuant to Para- part for such period of time as the Owner may determine. lines, and grades of the work. Do not scale the drawings. If the Contractor chooses to graph 5.4; and s ) 14.3.2 An adjustment shall he made for increases m .he. cost c3finishtheWorkbywhateverreasonablenettledttfcI measure distances by scaling from the Drawings, t is totally at his risk and is not considered by Wal -Mart to be an accurate measurement. The Contractor shall do field work necessary to larY Y Owner may deem expedient. performance of the Contras[, including suspension, profit el the iinierr cd y ` tosl or performance, caused by susjmcnsion, delay or intcrmp- out and maintain the work. No extra charge or compensation will be •allowed due to scaling 14.2.3 When the Owner terminates the Contract for one of the lion. No adjustment shall be made to the extent: i from the Drawings or differences between actual dimensions and the measurements indicated on the Drawings; differences which may be found shall be submitted to the Owner for hisreasonsstatedinSubparagraph14.2.1, rile Contractor shall not ,1 that performance is, was or would have been so sus - be entitled to receive further payment until the Work is Consideration before proceeding with the work. pended, delayed or interrupted by another cause forfinished. which the Contractor is responsible; or 3.2.2.2 The Contractor shall be responsible for determining the conditions of the existing 14.2.4 If the unpaid balance of the Contract Sum exceeds costs .2 that an equitable adjustment is made or denied under site, Including all existing improvements, paving, utilities, and construction, and shall have of finhhing the Work, including compensation for the Archi- another provision of this Contract. accounted for such conditions In the preparation of his bid and shall not be entitled to additional tect's services and expenses made necessary thereby, such compensation as the result of not being familiarwfth the existing site conditions. excess shall be paid to the Contractor. if such costs exceed the 11.3.3 Adjustments in ide in the cost of performance may have unpaid balance, the Contractor shall pay the difference to the a mutually agreed fixed or percentage fee. - 3.2.4 The Contractor is responsible for having a thorough knowledge of all Drawings, Specifications, General and Supplementary Conditions, Special Conditions, and other Contract Documents. Failure to acquaint himself with this knowledge does not relieve him of the responsibility for performing his work in a manner acceptable to the Owner. No additional compensation will be allowed because of conditions that occur due to failure by the Contractor to famillarize himself and all workers with this knowledge. 3.5 WARRANTY Add the following: 3.5.2 The Contractor shall provide a "Contractor's Statement of Warranty" as art of the requirements listed in 9.10.2.1.1 below. The "Contractor's Statement of Warrant shall be on i he Contractor's le erhead signed b an officer of the company and shall state that the Worktletterhead, y p y j performed complies with 3.5. of the General Conditions and the warranty period extends one 1.i year beyond the actual date of Substantial Completion as defined in Paragraph 9.8 below. f 3.6 T IXES Add the following: 3.6.2 In the event this project is constructed in an area where governmertal ;udsdiction requires income tax to be withheld, the Contractor shall comply with the requirements in a manner that will absolve Wal -Mart of any withholding liability. 3.7 PERMITS, FEES, AND NOTICES Add the following: 3.7.1.1 All fees which are applicable to the scone of the contract, including tap fees, impact i fees, building permit fees, special utility extension fees, meter installation fees, entrance permit fees, etc., shall be paid by the Contractor but aW included in his base bid, The Contractor shall provide Wal -Mart with proper verification of the actual cost for the above permits and/or fees; and following receippt of proper verifications and subsequent approval, Contractor1theContractorshallbereimbursedbytNal -Mart for the actual cost. The Fee" for change orders shall not apply to these items. Any single fee that is greater than $1000.00 shall be brought to the attention of the Wal -Mart Construction Manager for his review prior to payment by the Contractor. 3.7.2 Delete: replace with the following: The Contractor shall be totally and solely responsible for compliance with any notices under all licensing laws and other statutory requirements which apply to himself or any Subcontractor or any Sub- subcontractor actively engaged in any work on the project. j 3.9 SUPERINTENDENT Add the following: f 3.9.2 The Contractor shall submit the name of the project Superintendent to Wal -Mart along with the bid, and approval by Wal -Mart is require the Contract will be prepared for 00800.2 AIA DOCUMENT Affil • GENERAL CONDITIONS OF THE CONTRAC. FOR CONS] RnCI ION • FOUR EENTH Ent"[ ]ON WM - Lake Elsinore, CA 24 A201 -1987 AIA® -©19117 THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEWYORK AVEN1 iE• NIX., WASHINGTON, D.C.?IRXx, l WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal prosecution. Reprinted W93 r_-...-.--., -.-, ....,.,- ..:.-r.•.n,`-- .—,.«, erg- . --+- _.. - .. - .. _._ . -: . ,• ., .- :: c c - _ r J , TRIES I+IIA WAS I3!BIOD m TNUMI,- TIM BUT AND IiOft COMM DAPINGS AVAILABLIC AT TUN PI OP TII T t, July 16,1993 77177#77 T," .r, ? •7$f- 't/9,a.*ye'iPai 1Q dS,.. ra...t y. - Ila 7.4 MINOR CHANGES IN THE W(GAK 7.4.1 The Architect will have authority to order minor changes Ili the Work not involving adjusumeatl fn the Contract Saint or extension of the (:,)attract Time ' •hut inconsistent with III( Intent of the Contract Iocume .... Such changes shall be effected by written order :laud shall be building an the Owner and Contractor. The Contractor shall carry out such written orders promptly. PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contra Sum is stated in the Agreement anti, includ- ing aUthor2:d adjll.suncnts, is the (,)[at amount payable by the Owner to the Contractor for performance of file work under the Contract Documents. ARTICLE 8 9.2 SCHEDULE OF VALUES 9.2.1 Ik•forc the first Application for 1)aymcnl, the Contractor TIME shall submit to the Architect a sch:(lulc Of vaut's alocaicd to various portions of the Work, prepared In such fern, and sup - 8.1 DEFINITIONS tied I)v such data to substantiate its accuracy as the Architect 8.1.1 limes% otherwise provided, Contract 'Pine is the IxrlOd of time, including alllhnriV.Cd adjustments, :allotted In the (A)n' tract Iox'umenLs for Substantial Completion of the Work. 8.1.2 The date of conuncncenhent of the Work Is the dine e+tablishcel fn rite Agrcenu•m.'the date shape nut be pusgo,md b • the failure w act of the contractor ur of p crsuns or entities fur when, the Contr,ICOr is responsible. 8.1.3 'I'hc dal of Substantial Conhplcllon is rile date certified by the Architect In accordance with liaragrgph 9.8. 4 The tern " da " art. used fn file Contract Vocmucnle shall6. l. > mcm calendar day unless Otherwise specifically detailed. 8.2 PROGRESS AND COMPLETION 8.2.1 'fine limas stated In the Contract loounu•nts arc of tilt' essence of the Contract. ply executing Ihc Agreement the• (.,)at. tractor confirms that the Contract Time is a reasonable p cnod for performing the Work. 8.2.2 The (lntraoor shall not knowingly, except by agree ment or instruction of the Owner fn writing, prematurely' aim mcnec operations un rite site or elsewhere prior t) rile cffc(ti%c date of insurance rcquircd by Article I 1 t) be furnished by' the Contractor. 'I lie date u(cununcncclnem of the Work shall not be changed by the effective (laic of such insurance. Unlcs Ihc date of conuilencCllle•III is c. +tabfiSbCd by a nonce to pro, VCLI given by rile ()water, the Contractor shall nutily the l honer in writing not less than five days or other agreed period before ccnnnx•ncing the Wurk to p er uil the timely filingof nitxgfages. mechanic'+ (lens and ,other security interests. 8.2.3 The (,inratior shall pmcccd cxpxditauush With ado quate forces and shall achieve substantial Con,plctian w•i111fn the conflict T roil. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 little Gintractor is delayed at any time fn progressof Ihc Work by in act or neglect of the O%%'ner or Architect. or of an employee of earlier, ur of a separate contractor employed by the Owner, or by changes ordered an the Work, or by La or disputes, tire, unusual delay in deliveries, unavoidable (auatiesI or other cross Isyund the Conlracu,r's moral, or by delay. aufhurl /,cd by tit.• ' )wncr pending arbitration. or by usher causes which the Architect determines ilia)' justify dt'l:(y•, then the Contract Time shay be extended by Change Order for such resoatable time :as the Architect may determine. 8.3.2 Clans relating o little shall be made an accordance WithK applicable provisions of Paragraph .a i. 8.3.3 This Paragraph 8.3 ekes not preclude recovery of Jane ages for delay by either party under other pruvL+iuns of rile Control Diwomcnts. AIA DOCUMENT A201 • GENERAL C 18 A201 -1987 Au+ •, «198- 1111911 I • lay require. "Phis Schedule, unless ubjcctcJ to i +y the Architect. shall he ust'd as a basis for reviewing the Contractor's Applfca- tiuns for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At ]cast tell Jays before the dal: established for each progress pAy luent, Ihc Cunlractur shall submit t, the Architect An itemized Application for Payment fir,operuions completed Ili acc'oreln(e with the schedule ,)f values. Such application shall be notarized, if required, and supported by such data sub+ruuiaUng the (nuracu,r's right 1 o n nhcnt :s the Owner or Arthlccl may require, such as cogplc, of rc(jLuS bons trail Subc,onnractor% and material suppliers, and reflecting rctainagc if provided fur elsewhere fn the Contract Documents 9.3.1.1 such applications may indudc « yurSS li )r pay'nem an ALLO loll ,of changes fn the Work w'hic'h have been prop crly authuriicd by Construction change Directives but nut yet included in Change Orders. 9.3.1.2 Such applications may not include rcqut'sts for pay- s Amounts the ('„tttractor (Iles not intend to pay 1u AremI. Sul,ocontrtlor or material supplier lecausc zeta Jlsputc ur riot r •:sun. 9.3.2 unless athcnvis• provi4d Ili 11x' contract Documents. payments shall le made l col account of materials and e(puipnlcnt delivered and .suitably stored Al file site fir subsequent incur I oration fn the Work. If appro vcd in advance by late (,w'ner, payment ••lay similarly le made for m:ncri:ds and equipment suitaby' stored off tilt' site At a kx:uian agreed upon fn Writing. Pavnlcnt for materials and equipment stored on or ill Ihc sal: shall Ix• conditioned upon c(nnpliams b% the Contractor %%ilia procedures satisfactory to the Owner t) establish file Owner'sI title to such materials and t'yugmu•m or uthcrwir protect the Owner's interest, and shall include applicable insurance, storage and transportation t, the site for such materials; And equipment stored off the site. 9.3.3 The Contractor warrants that title n, All Work covered by an Application for Payment Will paw nu the Owner no later lim , II du• aim: Of paynlcnt. 'I lie Contractor IuGher warrants that upon submitrl Of :m Application (,or Paynlcnl Al Work for which certificates for Pavnlcnt have been prc•%iuualy issued and payments received from the Owner Shall, to the lest of tot' Contractor'+ knowledge, information and belief, be free and clear of Dims, .;aims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other p erso n% or entities making A claim by reason of having provided labor, materials and equipment relining to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect wall, within seven days after receipt of the Contractor's Application for Payment. either issue to Ihc ONDI I IONS OF IFIE CONTRACT FOR CONSI'act CI ION • fOURI EE:NII I F.DOION T11 I E OF ARCI IIT•Cl'S. 1'3S NEW YORK AVENUE, N W, WASHINGTON. D.C. LaNxx, WARNING: Unlicensed photocopying vioWW U.S. roPrr167111 fall cell Is subpscl ro WWI proeseulbn. coaled portion thereof is substantially complete. It the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in Accordance with the requiicnhents of the Conflict Drxuments, the Contrac- f r shall, before issuance of the Certificate of Substantial Cum. plelion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date o(Sub- stanlfal Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list Accompanying the Certificate Warranties required b • the 0)n- tract 9 Y tract Documents shall commence on the (Lite of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- lion. The Certificate of Substantial Completion shall le Sul) - rallied to the Owner and Contractor for their written accep- tance of responsibilities :(signed to them In such Certificate. 9.8.3 I'pon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment fn rctainagc, if any, fur such Work or por- tion dicrcof m provided fn the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed ur par - nally completed portion of the Work at any stage when such portion is designated by separate agreement with tilt• (bnmic- for, provided such occ'upanc'y or use is consenicd to by the insurer as required under Subparagraph I I.i.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion I% substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments. rctainagc if any, secu- rity, maintenance, heat, utilities, carnage t) the Work and incur. ance, :laid have agreed fn writing concerning the period for cor- rection of Ihc• Work and commenconcnt of warranties required by the Qntraci Documents. When the Contractor considers a portion substantially complete. the 0m ractor shape prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. (orient of the 0m r iror t) partial occu. pancy or use shall nut be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree. metal between tie Owner and Contractor or, if nu agreement is reac'he'd, by de'c'ision of till' 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 accord the condition of the Work. 8.9.3 otherwise Agreed upon, partial occupancy or list- of a portion or portions of the Work shall not constitute accep- lance of Work not complying with tike 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 Paymem, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, 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 Architec't's observations and inspections, the Work has been completed in accordance with terms and conditions of the CQn,tract Docu- ments lmd that the entire balance found to be due the Contrac- tor and noted in said Mal Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed fn Subparagraph 9.10.2 ads precedent to the Contractor's being entitled to final payment have Ixrn fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shape became due until the Contracts submits t) the Architect (1) an affidavit that payrolls, hills for materials and equipment, and other Indebtedness connected with the Work for which Ihv 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 evidenc- ing that Insurance required by the Contract Documents t) ronain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least ill days' prior written notice has been given to the Owner, (3)a written statement !hat the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, rcicc+c5 and waivers of liens, claims, Security interests or encumbrances arising out of the Contract, to the extent and in sue, form as may Ie designated by the Owner. If a Subcon. tractor refuses t) furnish a relesc Or waiver required by the Owner, the Contractor may furnish A bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remain, unsatisfied after payments are made, the Contractor shape refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including al costs and reasonable anonlevs' fees. 9.10.3 If, after Substantial Completion of the Work, fund com- pletion there:)f is nharcrially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect S, confirms, the Owner shall, upon Application by the Contractor and certiftcatit ^ by wit, - Architect, and without terminating the Contract, mate payincnl of the baLricc clue for that portion of the Work fully con, :iced and accepted. If the remaining balance for Work not fully com- pleted ur corrected is less than rctainagc stipulated in the Con- tract Documents, and if bonds have been furnished, the wrincn consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shape be submit- ted by the Contractor t) the Architect prior to certification of such payment. Such payment shall Ix made under icim, and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owneris provided fn Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a sub contractor or material supplier shall constitute a waiver of claims by that payee except !hose previously made in writing and identified by that payee s unsettled at the time of final Application for Payment. Such waivers shall be In addition to the waiver descri!)cd fn Subparagraph 4.i.5. AIA DOCUMENT A201 • GENERAL CONDITIONS OF 1'1 IF CONTRACT FOR CONSIRUCI ION • FOUR1 LENTH EDITION 18 A201 -1987 AIA' - ) 11187 THE AMERICAN INSI'ITI'7'E OFARCIIITECIS.1'35 NEWYORK AVENIE, N.W.• WASHINGTON. D.C. 11xxx, WARNING: Unlicensed photocopying violates U.S. copyright Dews and Is subject to legal prosecution. Y: MEBW ATOW COMM MG AVATLAKIN AT TO OF T , 2 claims for damages because u( bodily injury, occupy- odor than the (honer has ilia insurable interest in the property tional sickness or disease, or death of the Contractor's required by this Paragraph 11.3 to be covered, whichever is employees; earlier. This insurance shall Include interests of the Owner, the 3 claims for damages because of bodily injury, sickness Contractor, Subcontractors and Sub- subcontractors fn file or disease, or death of any person other thin the Cn,. Work. tractor's employees: 11.3.1.1 property insurance shall be on :n all-risk policy form 4 claims for elniages insured by usual personal injury anal shall insure against the perils of fire and extended coverage liability coverage which arc• sustained (1) by a person and physical loss or damage including, without duplication of Asa result of An offense directly Or Indirectly related to coverage, theft, vandalism, malicious mischief, collapse, false - employment of such person by the Contractor, or (2) Work, temporary buildings :and debris removal including by another person; demolition tccx%ioncd by enforcement of any applicable legal 5 claims for damages, other than m the Work itself, K requirements, and shall cover reasonable compensaunn for because of injury w or destruction of tangible prop- Architect's services and ex nscs required as a result ()f suchfeI city, including puss of use resulting therefrom; ioauael .ccgc fix other perils shall not tic required unless otherwise provided f the Contract ,cunenls. n po B claims for damages because of bodily' injury, Jcadu of a person or property damage arising ota of owner- 11.3.1.2 If the Owner dues not intend to purchase such prop - ship, maintenance Or •se of a minor vehicle; imd city insurance required by the Contract ,and with all of the 7 ('lair »s involving contractual liability Insur nce a PP II coverages In the amount described Above, the Owner shall sat cable n) the Contractor's obligations under Paragraph inform the Contractor in writing prior w commencement of 3.18. the Work. The Contractor may then effect insurance Which will protect the interests of the Contractor, Subcontractors:nd Sub 11.1.2 The insurance required by Subparagraph 1 I.1.1 shall he subcontractors fn the Wurk, and by epptopria ie Change Order written for not less than limits of liability specified fn the Con- the cost thereof shall be charged to the Owner. If (tic Cuntrac tract Iocun,c•nls or required by law, Whichever coverage is our is d:unaged by the failure or neglect of the Owner t) put greater. Cuvcrlgcs, whether written on all Occurrence or chase or maintain insurance as dcscrfhed above, Without S> c'lainis -made' basis, shall be maintained without interruption notifying die Contractor, then till' Owner shall bear all reason lion dale of cor»nlcocculcnl of the Work until date of final able cl.. ;is properly Attributable thereto. payment and termination of any coverage required to be main- 11.3.1.3 If the properly insurance requires minimum dedoctl- tained .after final payment. bles and such deductibles arc identified in the Contract ocu- 11.1.3 Certificatesucs of Insurance acceptable to file Owner shall ments the Contractor shape pay costs not covered because of x, •» of the Work, i be fillip with the owner prior u commencement such deductibles. If the Owner or insurer Increases the required these Certificates anti Ihc insurance policies acquired by this minimum deductibles above the amounts Sal identified or if the Paragraph 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary deduo afforded under the policies will not be cancelled or allowed to tittle anoonis, alit Owner shall he responsible for payment of expire until al )cast iD clays' prior written notice ha +been given the additional costs not covered tecause of such increased or to the Owner. If any of the foregoing insurance coverages are voluntary deductibles. If deductibles are not identified fn the required to remain in force after final payment and are reason- Contract Documents, the Owner shape pay costs not covered ably available, an additional certificate evidencing continuation because of deductibles. of such coverage shall be submitted with the final Application 11.3.1.4 Voll -ss otherwise provided fn the Contract Ducal fur Payment :s acquired by Subparagraph 9A0.2. Information mc•nta, ;his property insurance shape cover Ilorlions of Ihc Work concerning reduction of coverage shall le furnished by the Slllrc'd llfi the SIIC :Ihe'f wTltle'll Approvalrtl%'yl of Ihc' OWlle'f at pill' Contractor with reasonable promptness; in accordance with Ihc value established in Ihc :gppnm• :d, and also Ionians o f Iht' Work Contractor's information :Ind Depict fn transit. 11.2 OWNER'S LIABILITY INSURANCE 11.3.2 Boller and Machinery Insurance. The owner shall 11.2.1 The Owner shay be responsible for purchasing and purdi :sc• and maintain boiler and machiney fnsurmce maintaining the owner's usual liability insuranc'e. Optionally' r.,quircd by Ihc• Contract Iocwnents (fir by law, which shall the Owner may purchs: and maintain other insurance fur self- spccifa'AIIy cover such insured ubjt'cts during installation and protection against claims which may arise' from operations until final acceptance by the owner: this insurance shall include under the Contract. The Contractor shay nut be responsible interests of the Owner, Contractor, Subcontractors And Sub for purchasing and maintaining this optional Owner's liability subcontractors it, the Work, and the Owner And Contractor insurance unless specifically required by the Contract shall be n:uncd insureds. Dac'llllle•IIIS. 11.3.3 Lose of Use Insurance. The owner, At the owner's 11.3 PROPERTY INSURANCE option, may purchase and maintain such insurance as will 11.3.1 I'nlc. +s otherwise provided, the Owner shall purchase1purchase insure Iht• Owner against loss Of list' of the Ow'ner's properly' Intl mainriin, m a company art cunhp:mics lawfully authorized to fire or other hazards, however Caused. The Owner tl o business t jjurisdiction ill which tl,e• PrD'ecl IStdhthepuII Yves all rights 1)f at'lion ;against late' Contractor for loss of list- located, property insurance fn the Antonin of the initia Con of Ihc Owner's properly, including consequential pusses due k) tract Sun, as Well :as subsequent nuxlilic:uians thereat) fur the fire or other harlyds however Caused. entire Work At the site oil A replacement cost basis without vol- 11.3.4 If the Contractor requests in writing that insurance for untary dCdIICIihle5. Such property insurance shall be main- risks other than those described herein or for other special haz- waned, unless otherwise provided in the Cunnrcl Io,cun,cnls Ards be included in the property Insurance policy, the Owner or otherwise agreed in orating by all persons aria! entities Who shall, it possible, include such insurance, and the cost thereof arc beneficiaries of such insurance, until Una payment ha% been shall be cI •!rged to the Contractor by appropriate Change matte as provided fn Paragraph 9.1 D or until no person or cntity I Order. AIA DOCUMENT A201 • GENERAI. OONDI FIONS off "I'IIF CONI'RACI' FOR CONS 'I'KI Cl • FOURI}E'N'l It EDITION 20 A201 -1987 AIA' • 111'18'1 1IE AMERICANINSI'I'I'U'i'I, OF ARCI11*1'FCIS. 1745 NEW YORK AVENIT, N Vr. W'AS[ IING'1'ON. 1) C. 2axxK, WARNING: Unlicensed photocopying violates U.S. copyright haws and Is eiAlset to legal prosecution. I,,. - .r.,._. ... .. . .... ... „_.. r.. --:._-.• iso. .c..,..yas.-r.•iud els rscy. l 4 I'S 3N i i S aseleeselest I it execution. The approved Superintendent shall devote total and hall time attention to the 11.1.2.2. The Contractor shall be responsible for securing Certificates of Insurance from all requirements of the Construction Documents and shall Do work on any other project until the I 9.8.1.1. The date of commencement of Work and the date of Substantial Completion shall be Subcontractors for insurance coverage limits not less than the limits indicated above and shall project is completed and accepted by Wal -Mart. agreed upon between the Owner and the Contractor at the time of Contract award and shall make such Certificates available to Wal -Mart upon request. Notice of cancellation must be for 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE be made part of the Construction Agreement between the Owner and Contractor. 30 days, Wal -Mart Stores, Inc. ETAL, is to be named as an addilbnai insured. I 9.8.1.2. In projects where the protect is a negotiated Contract, a final audit will be performed 11. i.2.3. The Contractor shall protect, defend, hold harmless and indemnify Wal -Mart from and 3.10.1 Add the following: by Wa; Mart following Substantial Completion. against any and all claims, actions, liabilities, fines or penalties, losses, costs and exronses, Including attorneys' fees, even it such claims are groundless, fraudulent, or false, arising out of 3.10.1.1 The Contractor will be provided an example "Construction Schedule" by Wal -Mart as Add the following Subparagraph to Paragraph 9.8: any actual or alleged spilling, dumping, release and/or disposal of hazardous waste materials, part of the Contract Documents Package. A similar "Construction Schedule" shall be prepared j whether at or upon the construction ° to or at another undetermined site pursuant to the y the Contractor and submitted to Wal -Mart, along with other required documents, before the 9.8.4. Completion Milestones I performance of this contract. It Is expressly agreed and understood that such protection and Contract will be executed by Wal -Mart. indemnification shall apply and extend to claims made by federal, state, or local governmental 9.8.4.1. In the event the performance of this Contract involves the demolition, expansion entitles or agencies. Itt s further expressly agreed and understood that such protection and 9.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES and/or connection to any existing building, the construction shall be performed in phases, if indemnification shall apply to all claims arising out of such actual or alleged spilling, dumping, necessary, and shall be carefully scheduled with the Owner during the pre - construction release and/or disposal of hazardous waste materials even if such claim is not discovered or Supplement in accordance with provisions of Section 01300. conference to minimize any disruption of business activities in the existing building. made until after the performance of the work required or after conclusion of this agreement. As used in this agreement, the term "hazardous materials" shall mean any hazardous or toxic 9.8.4.2 It is hereby agreed between Wal -Mart and the Contractor that the Contractor shall substances, materials or wastes, pollu',nts or contaminants, petroleum, or other materials as ARTICLE 4 - ADMINISTRATIOH OF THE CONTRACT schedule and complete all work necessary to make any space, area, system or associated items defined, listed or regulated by any ferueral, state or local law, regulation or order or by common 4.3 CLAIMS AND DISPUTES ready to receive Wal -Mart furnished and/or installed material, equipment or fixtures. The law decision applicable to the property, Including, without limitation, (I) trichloroethylene, space, area, system or associated hems shall be complete and ready for its intended use tetrachloroethylene, perchloroethylene and other chlorinated solvents, (11) petroleum products between one (1) week and three (3) weeks adol to Substantial Completion by Wal -Mart in or bi- products, (iii) asbestos and (Iv) polychlorinated biphenyls. 4.3.6 Delete; replace with the following: accordance with but rat limited to the following list and stated time periods. See Specifications for additional and/or more stringent requirements. 11.1.2.4. The Contractor shall protect, defend, fold harmless and Indemnify Wal -Mart from and 4.3.6.1 In the event "Rock Excavation" Is required in the construnion of a project where against any and all claims, actions, liabilities, tines or penalties, losses, costs and expenses, Wal -Mart Is the Owner as described in Paragraph 2.1.1.2, the following criteria shall apply: Space. Area. System or Associated Item Including attorneys' fees, even if such claims are groundless, fraudulent, or false, arising out of any actual or alleged pollution, contamination or adulteration of the waters of the United States 4.3.6.1.1 "Rock Excavation" is described as Igneous, metamorphic or sedimentary rock that Telephone Equipment System ........................................ ............................... 21 Days Prior or any particular state as a result of or arising out of the performance of this contract. it Is cannot be removed by rippers or other mechanical methods and, therefore, requires drilling Pharmacy pace ............... 21 Days Prior expressly agreed and understood that such protection and indernnrication shall apply and and blasting. Controls and Instrumentation Systems .......................... ............................... 21 Days Prior extend to claims made by federal, state, or local governmental entitles or agencies. It Is further HVAC and Energy Management Systems ..................... 21 Days Prior expressly agreed and understood that such protection and indemnification shall apply to all 4.3.6.1.2 The excavation and disposal of all "Rock Excavation" that is Indicated by the Soils AC .Power and IRC wiring for Cash Register Operations ..... .............................14 Days Prior claims arising out of such actual or alleged pollution, contamination or adulteration o the waters Report shall be considered unclassified excavation and shall be included with site work grading Alarm and Security System . ............................... .............. ............................... 14 Days Prior of the United States or any particular state thereof even h such claim Is not discovered ur made as part of the lumr, rum base bid. Rolling Rack System and Warehouse Rack System ........... ............................... 14 Days Prior until after the performance of the work required or after conclusion of this agreement. Baler and Compactor Areas ............................................. ............................... 14 Days Prior 4.3.6.1.3 If "Rock Excavation" is required that is not indicated by the Soils Report, the Carpeted and Floor Tile Areas ......................................... ............................... 14 Days Prior 11.1.3 Delete the first sentence; replace with the following: Wal -Mart Construction Manager shall be notified, and he must then visit the site and verify the TBA, TBO, or TBO Space ................................................. .............................14 Days Prior Garden Center Space ..................................................... ............................... 14 ays Prior A Certhl.ate of Insurance, acceptable lSI9FletoWal -Mart, RECEIVED by the Wal•Mar, necessity for excess "Rock Excavation," determine an estimated quantity and provide the D Contractor written approval to proceed. In the event the estimated quardity is exceeded, the Fencing, Gates and Security Areas .................................. ............................... 14 Days Prior ` Contracts Administration Department before Wal -Mart will execute the Contract or before any Wal -Mart Construction Manager shall again be notified prior to such rock excavation to establish I Parking, Drives and all Appurtenances ............................. ............................... 14 Days Prior work is performed on the project, whichever Is the earliest date. The certification must Indicate a revised estimated quantity and authorize the Contractor to proceed. Payment for the Satellite Communication system ...................................... ............................... 7 Days Prior I that the limits listed are provided and that insurance will not be canceled while the work authorized work shall be by a Change Order to the Contract. Building Mounted Sign Areas .......................................... ............................... 7 Days Prior specified is In Progress without thirty ( it3y0) days prbrwri ten notice to Wal-Mart. Certificate must 4.5 ARBITRATION Delete Paragraph; replace with the following: Photo ClenterrSpace ....................................................... ............................... 7 Days Prior I 1 I su anrtcoee as re, irked abovemayresuk in the cancell db of the award of Contract. erthkate of Optical Center Space ...................................................... ............................... 7 Days Prior re ST BE NAME6 AS AN ADDITIONAL NAMED INSURED ON ALL All reference to arbitration in Section 4.5 or any other section of the General Conditions is Snackbar Space .............................................................. ............................... 7 Days Prior ( POLICIES OF INSURANCE. herewith voided and rendered not a part of the General Conditions. Office Areas ................................................................... ............................... 14 D,•ys Prior 11.2 OWNER'S LIABILITY INSURANCE ARTICLES •SUBCONTRACTORS h, in the opinion of the Wal -Mart Construction Manager, any of the above stated portions of work will not be completed by the Contractor on or before the stated time Period and after ! 14..2.1 Delete Subparagraph 11.2.1 and substitute the following: 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE forty -eight (48) hours written notice to the Contractor. Wal -Mart may proceed to carry out the WORK - work in accordance with Section 2.4 of the General Conditions except that both seven (7) day TTw ontracor shall purchase and maintain insurance covering the Owner's coritingent liability for notices do not apply in this particular situation. claims which may adse from operations under the Contract. 5.2.1 Add the following: } 9.8.4.3 It is hereby agreed between Wal -Mart and the Contractor that the Contractor will 11.3 PROPERTY INSURANCE perform any work that is directed by the Wal-Mart Construction Manager to meet the Wal -Mart 5.2.1.1. The Contractor and Subcontractors are hereby notified that all Subcontractors and Grand Opening Schedule and will maintain the original management and supervision team to 11.3.1 Modify the first sentence of Subparagraph 11.3.1 as follows: Delete . •i!w is otherwise suppliers are subject !o approval by Wal -Mart prior to Issuance of a Contract on this project. continue their office and jobsite duties on a full-time basis through Grand Opening and/or any provided, the "*caner" and substitute 'the Contractor." other time the Contractor has any work being performed on the project regardless of the date 52.12 The Subcontractors Listing and Project Budget shall be completed and provided to or condition of project completion. Add the following sentences: Wal-Mart for approval within ten (10) days after notice of award and before a Contract is issued. t` The form of policy for this coverage shall be Completed Value. a the Owner Is damaged by the failure of the Contractor to maintain such insurance, then the Contractor shall bear alp ARTICLE 7 • CHANGES IN THE WORK ! f reasonable costs property attributable thereto. 7.3 CONSTRUCTION CHANGE DIRECTIVES 00800-3 I 00800.5 1 00800 -7 WM - Lake Elsinore, CA July 16, 1993 WM - Lake Elsinore, CA July 16.1993 l WM - Lake Elsinore, CA July 16,1993 j vaw+sne•.. _:.. 'T.a.I ,pera- o..r.-,...x.: -, .•.: - weG _ -1.. f ., n.. ,_ _ ..... ' -. ... : - K -: : -:- , .•"'!?-'••.S' J. =. i *+ 5, .- .!!4r e q t"- 4_'i'?'K'`.. Y:>.s.- f[ - ee8)"1 i: 7. 1"INA101111.11 Ism 1'ET10 1ILX TM BEST AM ? OOWi.>1<'I's INIS AVAILA= AT T11E OBI a f ` sstd