1
Exhibit 10.1
Standard Form of Agreement Between
Owner and Contractor where the basis of payment is
the Cost of the Work Plus a Fee with or
without a Guaranteed Maximum Price
AIA Document A111 - Electronic Format
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THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF
THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
The 1987 Edition of AIA Document A201, General Conditions of the Contract for
Construction, is adopted in this document by reference. Do not use with other
general conditions unless this document is modified. This document has been
approved and endorsed by The Associated General Contractors of America.
Copyright 1920, 1925, 1951, 1958, 1961, 1967, 1974, 1978, 1987 by The American
Institute of Architects, 1735 New York Avenue N.W., Washington D.C. 20006-5292.
Reproduction of the material herein or substantial quotation of its provisions
without written permission of the AIA violates the copyright laws of the United
States and will be subject to legal prosecution.
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AGREEMENT
made as of the 22nd day of December in the year of Nineteen Hundred and
Ninety-Seven
BETWEEN the Owner:
(Name and address)
The Resort at Summerlin, Limited Partnership, a Nevada limited partnership, c/o
Seven Circle Resorts, Inc., 1160 Town Center Drive, Suite 200, Las Vegas,
Nevada 89134
and the Contractor:
(Name and address)
J.A. Jones Construction, a North Carolina corporation, 1050 E. Flamingo Road
#E-127, Las Vegas, Nevada 89119
the Project is:
(Name and address)
The Resort at Summerlin - Hotel, Casino & Entertainment Complex, more
particularly described as follows: A luxury Hotel of approximately 600 rooms
and a 49,000 square foot Casino, along with a Convention Center, Parking
Garage, Restaurants, Health Spa, Retail Shops, the entire 54.5 acre site on
which the Complex is to be located, and any related furniture, furnishings, and
equipment as specified pursuant to this Agreement.
the Architect is:
(Name and address)
Paul Steelman Ltd., 3330 West Desert Inn Road, Las Vegas, Nevada 89102
The Construction Manager will be designated by Owner after the execution of
this Agreement.
The Garage Architect is:
Kracor, Inc.
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA -
COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S.
copyright laws and is subject to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced
without violation until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM - 12/20/1997. AIA License Number 105525,
which expires on 6/30/1998 - Page #1
2
The Owner and Contractor agree as set forth below.
ARTICLE 1
THE CONTRACT DOCUMENTS
1.1 The Contract Documents consist of this Agreement, the attached form of
Conditions of the Contract for Construction attached hereto (the "General,
Conditions"), the Drawings, Specifications, and Addenda and Garage
Construction Documents described in Article 16 of this Agreement, and
Modifications issued after execution of this Agreement; these form the
Contract, and are as fully a part of the Contract as if attached to this
Agreement or repeated herein. The Contract represents the entire and
integrated agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in
Article 16. If anything in the other Contract Documents is inconsistent with
this Agreement, this Agreement shall govern.
ARTICLE 2
THE WORK OF THIS CONTRACT
2.1 The Contractor shall execute the entire Work described in the Contract
Documents, except to the extent specifically indicated in the Contract
Documents to be the responsibility of others, or as follows:
ARTICLE 3
RELATIONSHIP OF THE PARTIES
3.1 The Contractor accepts the relationship of trust and confidence established
by this Agreement and covenants with the Owner to cooperate with the Architect
and the Construction Manager and utilize the Contractor's best skill, efforts
and judgment in furthering the interests of the Owner; to furnish efficient
business administration and supervision; to make best efforts to furnish at all
times an adequate supply of workers and materials; and to perform the Work
consistent with the representations and warranties set forth in Paragraph 14.3
and in the most expeditious and economical manner consistent with the
interests of the Owner. The Owner agrees to exercise best efforts to enable the
Contractor to perform the Work by furnishing and approving in a timely way
information required by the Contractor and making payments to the Contractor in
accordance with requirements of the Contract Documents.
ARTICLE 4
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4.1 The date of commencement is the date from which the Contract Time of
Subparagraph 4.2 is measured; it shall be the date of this Agreement, as first
written above, unless a different date is stated below or provision is made for
the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement, if it differs from the date of this Agreement
or, if applicable, state that the date will be fixed in a notice to proceed.)
The Contractor shall commence Work no later than January 5, 1998 or the
date of receipt of the Grading Permit such commencement to in all events
include commencement of grading on the site of the Project. The contract
schedule is attached as Exhibit 7.
Unless the date of commencement is established by a notice to proceed issued by
the Owner, the Contractor shall notify the Owner, through the Construction
Manager, in writing not less than five days before commencing the Work to permit
timely filing of mortgages, mechanic's liens and other security interests.
4.2 The Contractor shall achieve Substantial Completion of the entire Work as
defined herein:
(Insert the calendar date or number of calendar days after the date of
commencement. Also insert any requirements for earlier Substantial Completion of
certain portions of the Work, if not stated elsewhere in the Contract
Documents.)
Three hundred and ninety five calendar days (395) from the date of commencement
as set forth in 4.1 The Temporary Certificate of Occupancy shall issue ("Date of
TCO"). Contractor shall achieve substantial completion of all of the Work as
provided in Subparagraph 9.10.1 of the General Conditions, no later than forty
five calendar days from the date of TCO. Final Completion shall occur no later
than thirty calendar days (30) from the date of Substantial Completion. In
addition, Contractor shall have sufficiently completed the Work by one hundred
and eighty calendar days prior to the date of Substantial Completion, to permit
Owner's tenants of the areas designated in the Contract Documents for
restaurants and retail use to enter into possession of that space in order to
perform the work in that space required or permitted by their leases.
AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA -
COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S.
copyright laws and is subject to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced
without violation until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #2.
3
subject to adjustments of this Contract Time as provided in the contract
Documents.
(Insert provisions, if any, for liquidated damages relating to failure to
complete on time.)
4.3 Time is of the essence to the Contract Documents and all obligations
thereunder. The Contractor acknowledges and recognizes that (1) the Owner is
entitled to full and beneficial occupancy and use of the completed Work
following expiration of the Contract Time, and (2) the Owner has entered into,
or will enter into, binding agreements demising part of the premises where Work
is to be completed based upon the Contractor achieving Substantial Completion
of the Work within the Contract Time and (3) the Owner has entered into, or
will enter into, a binding agreement with a licensor for the operation of the
hotel portion of the Work based upon the Contractor achieving Substantial
Completion of the Work within the Contract Time. The Contractor further
acknowledges and agrees that if the Contractor fails to complete substantially,
or cause the Substantial Completion of any portion of the Work within the
Contract Time, the Owner will sustain extensive damages and serious loss as a
result of such failure. The exact amount of such damages is extremely difficult
to ascertain. Therefore, the Owner and the contractor agree as follows in this
Paragraph 4.3:
4.3.1 If the Contractor fails to achieve Substantial completion of the Work
within the Contract Time and as otherwise required by the Contract Documents,
the Owner shall be entitled to retain or recover from the Contractor, as
liquidated damages and not as a penalty, the following per diem amounts
commencing upon the first day following expiration of the contract time and
continuing until the actual Date of Substantial Completion. Such liquidated
damages are hereby agreed to be a reasonable pre-estimate of damages the Owner
will incur as a result of Contractor's failure to achieve Substantial
Completion of the Work within the Contract Time.
(i) If Substantial Completion occurs within the first thirty (30) days
after the Date for Substantial Completion, as adjusted by time extensions
pursuant to the General Conditions, no liquidated damages will be imposed.
(ii) If Substantial Completion occurs between thirty (30) and ninety (90)
days after the Date for Substantial Completion, as adjusted for time extensions
pursuant to the General conditions, the per diem amount shall be thirty
thousand dollars ($30,000).
(iii) If Substantial Completion occurs between ninety-one (91) and one
hundred twenty (120) days after the Date for Substantial Completion, as
adjusted for time extensions pursuant to the General Conditions, the per diem
rate shall be fifty thousand dollars ($50,000).
(iv) If Substantial Completion occurs more than one hundred twenty (120)
days after the Date for Substantial Completion, as adjusted for time extensions
pursuant to the General Conditions, the per diem rate shall be fifty thousand
dollars ($50,000.00).
Notwithstanding the above, if the Owner operates a casino at the project
site after the Date for Substantial Completion and before Substantial
Completion occurs, the per diem amounts listed above following the date the
casino opens shall be reduced by eighty percent (80%).
Notwithstanding anything herein to the contrary, the maximum liability to
Contractor for liquidated damages under this Section 4.3.1 shall be no more
than four million dollars ($4,000,000,00). The imposition of liquidated damages
as provided for herein shall be Owner's sole and exclusive remedy for delay for
failure to achieve Substantial Completion of the Work within the Contract Time,
and shall constitute an agreed to limit of Contractor's liability for such
delay; it being further understood that under no circumstances will Contract be
liable for indirect or consequential damages sustained by Owner due to such
delay.
If Contractor's failure to complete that portion of the Work required to
be completed by one hundred and eighty calendar days prior to the date of
substantial completion in accordance with Section 4.2. The liquidated damages
per diem amount shall be fifteen thousand dollars ($15,000) per day.
4.3.2 The Owner may deduct liquidated damages described in Paragraph 4.3.2 from
any unpaid amounts then or thereafter due the Contractor under this Agreement.
Any liquidated damages not so deducted from any unpaid amounts due the
contractor shall be payable to the Owner at the demand of the Owner, together
with interest thereon from the date of the demand.
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA -
COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S.
copyright laws and is subject to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced
without violation until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM - 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 - Page #3
4
ARTICLE 5
CONTRACT SUM
5.1 The Owner shall pay the Contractor in current funds for the Contractor's
performance of the Contract the Contract Sum consisting of the Cost of the Work
as defined in Article 7 and the Contractor's Fee determined as follows:
(State a lump sum, percentage of Cost of the Work or other provision for
determining the Contractor's Fee, and explain how the Contractor's Fee is to be
adjusted for changes in the Work.)
As limited by the Guaranteed Maximum Price set forth in Paragraph 5.2, the
Contractor shall receive a basic fee, equal to three and eighty-five one
hundredths percent (3.85%) of that portion of the Cost of the Work which is
incurred or paid by the Contractor during performance of the Work (the
"Contractor's Fee"). In the event of changes in the Work, the rate of the
Contractor's Fee shall not be adjusted and shall remain equal to three and
eighty-five one hundredths percent (3.85%) of the Cost of the Work.
Consequently,the total amount earned by the Contractor as the Contractor's Fee
may increase or decrease, depending upon the nature of any changes in the Work,
but the basis of the Contractor's Fee shall always remain three and eighty-five
one hundredths percent (3.85%).
5.2 GUARANTEED MAXIMUM PRICE (IF APPLICABLE)
5.2.1 The sum of the Cost of the Work and the Contractor's Fee is
guaranteed by the Contractor not to exceed
One Hundred and Thirty three million Dollars
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($ 133,000,000 ) The Owner may elect to insure the Project under
---------------------------
either an OCIP pursuant to Article 11 of the Supplementary Conditions to the
General Conditions or standard insurance pursuant to AIA Form A201/CMA. In
either event, the Owner shall Pay the costs of the insurance and the coverages
will be as set forth in Article 11 of the Supplementary Conditions to the
General Conditions, subject to additions and deductions by Change Order as
provided in the Contract Documents. Such maximum sum is referred to in the
Contract Documents as the Guaranteed Maximum Price. Costs which would cause the
Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without
reimbursement by the Owner.
(Insert specific provisions if the Contractor is to participate in any savings.)
The Guaranteed Maximum Price is subject to adjustment pursuant to Exhibit 1,
Section 14.33 and for change orders, authorized in accordance with the
requirements of the Contract Documents. As of the date of final completion, if
(i) the total aggregate sum of the Cost of the Work plus the Contractor's Fee
is less than (ii) the Guaranteed Maximum Price upon final completion of the
Work (such difference equals the Savings), such difference shall be shared by
the Owner and the Contractor as follows: seventy-five percent (75%) of such
Savings shall inure to the benefit of the Owner and the remainder shall be paid
to the Contractor as an additional fee; provided, however, that the Contractor
shall not be entitled to receive any Savings until the date of final payment.
5.2.2 The Guaranteed Maximum Price is based upon the following alternates,
if any, which are described in the Contract Documents and are hereby accepted
by the Owner:
(State the numbers or other identification of accepted alternates, but only if
a Guaranteed Maximum Price is inserted in Subparagraph 5.2.1 If decisions on
other alternates are to be made by the Owner subsequent to the execution of
this Agreement, attach a schedule of such other alternates showing the amount
for each and the date until which that amount is valid.)
5.2.3 The amounts agreed to for unit prices, if any, are as follows:
(State unit prices only if a Guaranteed Maximum Price is inserted in
Subparagraph 5.2.1)
ARTICLE 6
CHANGES IN THE WORK
6.1 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE
6.1.1 Adjustments to the Guaranteed Maximum Price on account of changes in
the Work may be determined by any of the methods listed in Subparagraph 7.3.3
of the General Conditions.
6.1.2 In calculating adjustments to subcontracts (except those awarded with
the Owner's prior consent on the basis of cost plus a fee), the terms "cost"
and "fee" as used in Clause 7.3.3.3 of the General Conditions and the terms
"costs" and "a reasonable
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA -
COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S.
copyright laws and is subject to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced
without violation until the date of expiration as noted below.
Electronic Format A111-1987
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6/30/1998 - Page#4
5
allowance for overhead and profit" as used in Subparagraph 7.3.6 of the General
Conditions shall have the meanings assigned to them in the General Conditions
and shall not be modified by Articles 5, 7 and 8 of this Agreement. Adjustments
to subcontracts awarded with the Owner's prior consent on the basis of cost plus
a fee shall be calculated in accordance with the terms of this Agreement,
unless the Owner has furnished the Contractor with prior written approval of
the form and substance of a subcontract, in which case such adjustments shall
be calculated in accordance with the terms and conditions of that subcontract.
6.1.3 In calculating adjustments to this Contract, the terms "cost" and "costs"
as used in the above-referenced provisions of the General Conditions shall mean
the Cost of the Work as defined in Article 7 of this Agreement and the terms
"fee" and "a reasonable allowance for overhead and profit" shall mean the
Contractor's Fee as defined in Paragraph 5.1 of this Agreement.
6.2 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE
6.2.1
6.3 ALL CONTRACTS
6.3.1
ARTICLE 7
COSTS TO BE REIMBURSED
7.1 The term Cost of the Work shall mean costs necessarily incurred by the
Contractor in good faith and the proper performance of the Work. Such costs
shall be at rates not higher than the standard paid at the place of the Project
except with prior consent of the Owner. The Cost of the Work shall include only
the items set forth in this Article 7.
7.1.1 LABOR COSTS
7.1.1.1 Wages of construction workers directly employed by the Contractor to
perform the construction of the Work at the site or, with the Owner's
agreement, at off-site workshops.
7.1.1.2 Wages or salaries of the Contractor's supervisory and administrative
personnel with the Owner's agreement.
(If it is intended that the wages or salaries of certain personnel stationed at
the Contractor's principal or other offices shall be included in the Cost of
the Work, identify in Article 14 the personnel to be included and whether for
all or only part of their time.)
7.1.1.3 Wages and salaries of the Contractor's supervisory or administrative
personnel engaged, at factories, workshops or on the road, in expediting the
production or transportation of materials or equipment required for the Work,
but only for that portion of their time required for the Work.
7.1.1.4 Costs paid or incurred by the Contractor for taxes, insurance,
contributions, assessments and benefits required by law or collective
bargaining agreements and, for personnel not covered by such agreements,
customary benefits such as sick leave, medical and health benefits, holidays,
vacations and pensions but not merit bonuses, provided such costs are based on
wages and salaries included in the Cost of the Work under Clauses 7.1.1.1
through 7.1.1.3.
7.1.2 SUBCONTRACT COSTS
Payments made by the Contractor to subcontractors in accordance with the
requirements of the subcontracts properly entered into under this Agreement.
7.1.3 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED
CONSTRUCTION
7.l1.3.1 Costs, including transportation, of materials and equipment
incorporated or to be incorporated in the completed
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA -
COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S.
copyright laws and is subject to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced
without violation until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #5
6
construction.
7.1.3.2 Costs of materials described in the preceding Clause 7.1.3.1 in excess
of those actually installed but required to provide reasonable allowance for
waste and for spoilage. Unused excess materials, if any, shall be properly
stored at the Project site, or in accordance with the Owner's instructions, and
turned over to the Owner at the completion of the Work or, at the Owner's
option, shall be sold by the Contractor; amounts realized, if any, from such
sales shall be credited to the Owner as a deduction from the Cost of the Work.
7.1.4 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED
ITEMS
7.1.4.1 Costs, including transportation and maintenance, of all materials,
supplies, equipment, temporary facilities and hand tools (not owned by the
workers) consumed in the performance of the Work. Any such items used but not
consumed, which are paid for by the Owner, shall become the property of the
Owner and shall be delivered to the Owner upon completion of the Work in
accordance with instructions furnished by the Owner. If the Owner elects,
however, the Contractor may purchase or otherwise shall sell to unaffiliated
third parties any such items from the Owner at a purchase price equal to the
original cost charged to the Owner, less the reduction in fair market value
resulting directly from use of any such item in connection with the Work or such
other price which is acceptable to the Owner. Upon demand by the Owner, the
Contractor shall furnish the Owner with any information and documentation
necessary to verify the period of time for which such items were used in
connection with the Work.
7.1.4.2 Rental charges for temporary facilities, machinery, equipment, and hand
tools not customarily owned by the construction workers, which are provided by
the Contractor at the site, whether rented from the Contractor or others, and
costs of transportation, installation, minor repairs and replacements,
dismantling and removal thereof. Rates and quantities of equipment rented shall
be subject to the Owner's prior approval.
7.1.4.3 Costs of removal of debris from the site.
7.1.4.4 Costs of telegrams and long-distance telephone calls, postage and
parcel delivery charges, telephone service at the site and reasonable petty
cash expenses of the site office.
7.1.4.5 That portion of the reasonable travel and subsistence expenses of the
Contractor's personnel incurred while traveling in discharge of duties with the
Work, not to exceed the estimate in the attached Exhibit Number 2 or unless
otherwise approved by the Owner in advance and in writing.
7.1.5 MISCELLANEOUS COSTS
7.1.5.1 That portion directly attributable to this Contract of premiums for
insurance and bonds required by the Contract, as well as any deductables for
said insurance or bonds.
7.1.5.2 Sales, use or similar taxes imposed by a governmental authority which
are related to the Work and for which the Contractor is liable.
7.1.5.3 Fees and assessments for the building permit and for other permits,
licenses and inspections for which the Contractor is required by the Contract
Documents to pay.
7.1.5.4 Fees of testing laboratories incurred by Contractor for tests required
by the Contract Documents, except those related to defective or nonconforming
Work for which reimbursement is excluded by Subparagraph 13.5.3 of the General
Conditions or other provisions of the Contractor Documents and which do not
fall within the scope of Subparagraphs 7.2.2 through 7.2.4 below.
7.1.5.5 Royalties and license fees paid for the use of a particular design,
process or product required by the Contract Documents; the cost of defending
suits or claims for infringement of patent rights arising from such requirement
by the Contract Documents; payments made in accordance with legal judgements
against the Contractor resulting from such suits or claims and payments of
settlements made with the Owner's consent; provided, however, that such costs
of legal defenses, judgement and settlements shall not
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA -
COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON, D.C. 20006-5292. Unlicensed photocopying violates U.S.
copyright laws and is subject to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced
without violation until the date of expiration as noted below.
Electronic Format A111-1987
User Document FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #6
7
be included in the calculation of the Contractor's Fee or of a Guaranteed
Maximum Price, if any, and provided that such royalties, fees and costs are not
excluded by the last sentence of Subparagraph 3.17.1 of the General Conditions
or other provisions of the Contract Documents.
7.1.5.6 Deposits lost for causes other than the Contractor's fault or
negligence.
Insert A:7.1.5.7 The cost of premiums for all bonds and insurance which the
Contractor is required by the Contract Documents to purchase and maintain and
all such additional insurance coverage which the Contractor shall determine are
necessary and which are approved by the Owner. The amount of any deductible
paid by the Contractor under any insurance policy or bond, unless the claim
related to such payment of the deductible is based, in whole or in part, upon
the fault or negligence of, or failure to comply with the Contract Documents
by, the Contractor.
Insert B: 7.1.5.8 The costs reasonably incurred for automated or computer
services for items such as, but not limited to, schedules, accounting records
and reports and engineering logs.
Insert C: 7.1.5.9 Except as provided in this paragraph, legal expenses
incurred in the prosecution or defense of claims in the interest of the Owner,
including defense of claims for extras by Subcontractors, providing that the
Owner is notified of such claim in advance, and afforded the opportunity to
prosecute or defend such claim with its own attorneys. Cost of the Work shall
not include legal expenses incurred in the prosecution or defense of any claim
based upon the fault or negligence of, or failure to comply with the Contract
Documents by, the Contractor.
Insert D: 7.1.5.10 Such other costs as may be allowed by Exhibit Number 2 to
this Agreement. Included in Exhibit Number 2 are the Contractor's estimates of
certain costs that shall be permitted to be part of the Cost of the Work under
this Article 7. Contractor shall not be permitted to include in the Cost of the
Work an amount which exceeds the dollar estimate of any identified cost on
Exhibit Number 2, unless that category is already included in Article 7 or the
Owner consents in advance in writing to such additional amount.
Insert E: 7.1.5.11 The cost for design services necessary for proper execution
and completion of the Garage, whether temporary or permanent and whether or
not incorporated in the Garage.
Insert F: 7.1.5.12 A markup of five percent (5%) over the cost to the Owner for
changes in the work under a Change Order as payment for administrative and
overhead expenses of Contractor.
7.1.6 OTHER COSTS
7.1.6.1 Other costs incurred in the performance of the Work if and to the
extent approved in advance in writing by the Owner such approval to be
effective must be signed on behalf of the Owner by the President of the Owner's
General Partner.
7.2 EMERGENCIES: REPAIRS TO DAMAGED, DEFECTIVE OR NONCONFORMING WORK
The Cost of the Work shall also include costs described in Paragraph 7.1 which
are incurred by the Contractor:
7.2.1 In taking action to prevent threatened damage, injury or loss in case
of an emergency affecting the safety of persons and property, as provided in
Paragraph 10.3 of the General Conditions to the extent not (1) caused by the
Contractor, a Subcontractor or anyone for whom either is responsible, or (2)
capable of being prevented through timely notice of an unsafe condition to the
Owner.
7.2.2 In repairing or correcting Work damaged or improperly executed by
construction workers in the employ of the Contractor, provided such damage or
improper execution did not result from the fault or negligence of the Contractor
or the Contractor's foremen, engineers or superintendents, or other supervisory,
administrative or managerial personnel of the Contractor.
7.2.3 In repairing damaged Work other than that described in Subparagraph
7.2.2, provided such damage did not result from the fault or negligence of the
Contractor or the Contractor's personnel, and only to the extent that the cost
of such repairs is not
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA -
COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S.
copyright laws and is subject to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced
without violation until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #7
8
recoverable by the Contractor from others and the Contractor is not compensated
therefor by insurance or otherwise provided that any absence of collectible
insurance is not due to the Contractor's breach of a contract for insurance.
7.2.4 In correcting defective or nonconforming Work performed or supplied by
a Subcontractor or material supplier and not corrected by them, provided such
defective or nonconforming Work did not result from the fault or neglect of the
Contractor or the Contractor's personnel adequately to supervise and direct the
Work of the Subcontractor or material supplier, and only to the extent that the
cost of correcting the defective or nonconforming Work is not recoverable by
the Contractor from the Subcontractor or material supplier.
7.3 Costs as defined herein shall be actual costs paid by the Contractor,
less all discounts, rebates and salvages which shall be taken by the
Contractor, subject to Article 9 of the Agreement. All payments made by the
Owner pursuant to this Article 7, whether those payments are actually made
before or after the execution of the Contract, are included within the
Guaranteed Maximum Price specified in Paragraph 5.2 above; provided, however,
that in no event shall the Owner be required to reimburse the Contractor for
any portion of the Cost of the Work in excess of $100,000 incurred prior to the
Commencement Date unless the Contractor has received the Owner's written
consent prior to incurring such cost and all amounts previously paid by Owner
for the design and construction of the garage.
ARTICLE 8
COSTS NOT TO BE REIMBURSED
8.1 The Cost of the Work shall not include:
8.1.1 Salaries and other compensation of the Contractor's personnel
stationed at the Contractor's principal office and offices other than the site
office, except as specifically provided in Clauses 7.1.1.2 and 7.1.1.3 or as may
be provided in Article 14.
8.1.2 Expenses of the Contractor's principal office and offices other than
the site office.
8.1.3 Overhead and general expenses, except as may be expressly included in
Article 7.
8.1.4 The Contractor's capital expenses, including interest on the
Contractor's capital employed for the Work.
8.1.5 Rental costs of machinery and equipment, except as specifically
provided in Clause 7.1.4.2.
8.1.6 Except as provided in Subparagraphs 7.2.2 through 7.2.4 and Paragraph
13.5 of this Agreement, costs due to the fault or negligence of, or failure to
comply with the Contract Documents by, the Contractor, Subcontractors, anyone
directly or indirectly employed by any of them, or for whose acts any of them
may be liable, including but not limited to costs for the correction of
damaged, defective or nonconforming Work, disposal and replacement of materials
and equipment incorrectly ordered or supplied, and making good damage to
property not forming part of the Work.
8.1.7 Any cost not specifically and expressly described in Article 7.
8.1.8 Costs which would cause the Guaranteed Maximum Price, if any, to be
exceeded.
ARTICLE 9
DISCOUNTS, REBATES AND REFUNDS
9.1 Cash discounts obtained on payments made by the Contractor shall
accrue to the Owner if (1) before making the payment, the Contractor included
them in an Application for Payment and received payment therefor from the
Owner, or (2) the Owner has deposited funds with the Contractor with which to
make payments; otherwise, cash discounts shall accrue to the Contractor. Trade
discounts, rebates, refunds and amounts received from sales of surplus
materials and equipment shall accrue to the Owner, and the Contractor shall
make provisions so that they can be secured. The Contractor shall not obtain
for its own benefit any discounts, rebates or refunds in connection with the
Work prior to providing the Owner with seven (7) days prior written notice of
the potential discount, rebate or refund and an opportunity to furnish funds
necessary to obtain such discount, rebate or refund on behalf of the Owner in
accordance with the requirements of this Paragraph 9.1.
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA -
COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S.
copyright laws and is subject to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced
without violation until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM - 12/20/1997. AIA Licensed Number 105525,
which expires on 6/30/1998 - Page #8
9
9.2 Amounts which accrue to the Owner in accordance with the provisions
of Paragraph 9.1 shall be credited to the Owner as a deduction from the Cost of
the Work.
ARTICLE 10
SUBCONTRACTS AND OTHER AGREEMENTS
10.1 Those portions of the Work that the Contractor does not customarily
perform with the Contractor's own personnel shall be performed under
subcontracts or by other appropriate agreements with the Contractor. The
Contractor shall obtain bids from Subcontractors and from suppliers of
materials or equipment fabricated especially for the Work and shall deliver
such bids to the Construction Manager, the Architect, and the Owner. The Owner
will then determine, with the advice of the Contractor and subject to the
reasonable objection of the Architect and the Construction Manager, which bids
will be accepted. The Owner may designate specific persons or entities from
whom the Contractor shall obtain bids; however, if a Guaranteed Maximum Price
has been established, the Owner may not prohibit the Contractor from obtaining
bids from others. The Contractor shall not be required to contract with anyone
to whom the Contractor has reasonable objection.
10.2 If a Guaranteed Maximum Price has been established and a specific
bidder among those whose bids are delivered by the Contractor to the Architect
the Construction Manager and the Owner (1) is recommended to the Owner by the
Contractor; (2) is qualified to perform that portion of the Work; and (3) has
submitted a bid which conforms to the requirements of the Contract Documents
without reservations or exceptions, but the Owner requires that another bid be
accepted; then the Contractor may require that a Change Order be issued to
adjust the Guaranteed Maximum Price by the difference between the bid of the
person or entity recommended to the Owner by the Contractor and the amount of
the subcontract or other agreement actually signed with the person or entity
designated by the Owner.
10.3 Subcontracts or other agreements shall conform to the payment
provisions of Paragraphs 12.7 and 12.8, and shall not be awarded on the basis
of cost plus a fee without the prior consent of the Owner.
ARTICLE 11
ACCOUNTING RECORDS
11.1 The Contractor shall keep full and detailed accounts and exercise
such controls as may be necessary for proper financial management under this
Contract; the accounting and control systems shall be satisfactory to the
Owner. The Owner and the Owner's accountants shall be afforded access to the
Contractor's records, books, correspondence, instructions, drawings, receipts,
subcontracts, purchase orders, vouchers, memoranda and other data relating to
this Contract, and the Contractor shall preserve these for a period of three
years after final payment, or for such longer period as may be required by
law. All records shall be maintained in accordance with generally accepted
accounting procedures, consistently applied. Contractor shall require
Subcontractors retained by the Contractor on a cost-plus basis to retain
records and permit audits as required of the Contractor under this Article 11.
Insert H: 11.2 If any inspection by the Owner of the Contractor's records,
books, correspondence, instructions, drawings, receipts, vouchers, memoranda and
any other data relating to the Contract Documents reveals an overcharge,
including, without limitation, any untimely request for payment as described in
Paragraph 13.3, the Contractor shall pay the Owner upon demand an amount equal
to one hundred percent (100%) of such overcharge, as reimbursement for said
overcharge. If the overcharges exceed five percent (5%) in the aggregate for the
entire contract, the Contractor shall, in addition to paying 100% of the
overcharge, also pay the administrative and actual expenses incurred for the
Final Audit in determining the overcharges. The requirements of this Paragraph
11.2 shall not apply to any portion of an overcharge which is the subject of a
good faith dispute between the Owner and the Contractor.
ARTICLE 12
PROGRESS PAYMENTS
12.1 Based upon Applications for Payment, including all supporting
documentation, submitted to the Construction Manager by the Contractor and
Certificates for Payment issued by the Construction Manager and the Architect,
the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA - COPYRIGHT
1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,
WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S. copyright laws
and is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM - 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 - Page #9
10
12.2 The period covered by each Application for Payment shall be one calender
month ending on the last day of the month, for which the Application for Payment
is received.
12.3 See Subparagraph 9.6.1 of the General Conditions.
12.4 With each Applicant for Payment the Contractor shall submit payrolls,
petty cash accounts, receipted invoices or invoices with check vouchers
attached, and any other evidence required by the Owner, the Construction Manager
or Architect to demonstrate that actual disbursements already made by the
Contractor on account of the Cost of Work equal or exceed the combined aggregate
of the following: (1) progress payments already received by the Contractor; less
(2) that portion of those payments attributable to the Contractor's Fee; plus
(3) payrolls for the period covered by the present Application for Payment; plus
(4)retainage provided in Subparagraph 12.5.4, if any, applicable to prior
progress payments. In addition to the other required items, each Application for
Payment shall be accompanied by the following, in form and substance
satisfactory to the Owner and in compliance with applicable Nevada statutes: a
duly executed and acknowledged Contractor's Sworn Statement showing all
Subcontractors with whom the Contractor has entered into subcontracts, the
amount of each such subcontract, the amount requested for any Subcontractor in
the Application for Payment and the amount to be paid to the Contractor from
such progress payments, together with similar sworn statements from all
Subcontractors, and, when appropriate, from sub-subcontractors.
12.5 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE
12.5.1 Each Application for Payment shall be based upon the most recent
schedule of values submitted by the Contractor in accordance with the Contract
Documents. The schedule of values shall allocate the entire Guaranteed Maximum
Price among the various portions of the Work, except that the Contractor's Fee
shall be shown as a single separate item. The schedule of values shall be
prepared in such form and supported by such data to substantiate its accuracy as
the Construction Manager, the Architect and the Owner may require. This
schedule, unless objected to by the Construction Manager the Architect or the
Owner, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
12.5.2 Applications for Payment shall show the percentage completion of each
portion of the Work as of the end of the period covered by the Application for
Payment. The percentage completion shall be the lesser of (1) the percentage of
that portion of the Work which has actually been completed or (2) the
percentage obtained by dividing (a) the expense which has actually been
incurred by the Contractor on account of that portion of the Work for which the
Contractor has made or intends to make actual payment prior to the next
Application for Payment by (b) the share of the Guaranteed Maximum Price
allocated to that portion of the Work in the schedule of values.
12.5.3 Subject to other provisions of the Contract Documents, the amount of
each progress payment shall be computed as follows:
12.5.3.1 Take that portion of the Guaranteed Maximum Price properly
allocable to completed Work as determined by multiplying the percentage
completion of each portion of the work by the share of the Guaranteed Maximum
Price allocated to that portion of the Work in the schedule of values. Pending
final determination of cost to the Owner of changes in the Work, amounts not in
dispute may be included as provided in Subparagraph 7.3.7 of the General
Conditions, even though the Guaranteed Maximum Price has not yet been adjusted
by Change Order.
12.5.3.2 Add that portion of the Guaranteed Maximum Price properly
allocable to materials and equipment delivered and suitably stored at the site
for subsequent incorporation in the Work or, if approved in advance by the
Owner, suitably stored off the site at a location agreed upon in writing.
12.5.3.3 Add the Contractor's Fee. The Contractor's Fee shall be computed
upon the Cost of the Work described in the two preceding Clauses at the rate
stated in Paragraph 5.1 or, if the Contractor's Fee is stated as a fixed sum in
that Paragraph, shall be an amount which bears the same ratio to that fixed-sum
Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable
estimate of the probable Cost of the Work upon its completion.
12.5.3.4 Subtract the aggregate of previous payments made by the Owner.
_______________________________________________________________________________
AIA DOCUMENT A111- OWNER - CONTRACTOR AGREEMENT - TENTH EDITION - AIA -
COPYRIGHT 1987- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S.
copyright laws and is subject to legal prosecution. This document was
electronically produced with permission of the AIA and can be reproduced
without violation until the date of expiration as noted below.
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12.5.3.5 Subtract the shortfall, if any, indicated by the Contractor in the
documentation required by Paragraph 12.4 to substantiate prior Applications for
Payment, or resulting from errors subsequently discovered by the Owner's
accountants in such documentation.
12.5.3.6 Subtract amounts, if any, for which the Construction Manager or
the Architect has withheld or nullified a Certificate for Payment as provided
in Paragraph 9.5 of the General Conditions and other amounts, not including
retainage described in Paragraph 12.5.3.3 and Paragraph 12.5.4 properly held by
the Owner at the time of each progress payment.
12.5.4 Additional retainage, if any , shall be as follows:
(If it is intended to retain additional amounts from progress payments to the
Contractor beyond (1) the retainage from the Contractor's Fee provided in Clause
12.5.3.3, (2) the retainage from Subcontractors provided in Paragraph 12.7
below, and (3) the retainage, if any, provided by other provisions of the
Contract, insert provision for such additional retainage here. Such provision,
if made should also describe any arrangement for limiting or reducing the
amount retained after the Work reaches a certain state of completion.
The Owner shall withhold as retainage ten percent (10%) of all Cost of
the Work items included in each Application for Payment (except such items
identified in Section 7.1.5.10) until such time as the Work is fifty percent
(50%) completed, and thereafter, the retainage shall be reduced to five percent
(5%) of all of the Cost of the Work items included in each Application for
Payment thereafter received. The Owner shall have the option, but not the
obligation, to reduce the retainage requirements of this Agreement or release
any portion of the retainage prior to the date specified in the Contract
Documents. Any exercise of this option, however, shall not be a waiver of (1)
any of the Owner's rights to retainage in connection with other payments to the
Contractor or (2) any other right or remedy that the Owner has under the
Contract Documents, at law or in equity. For purposes of this paragraph only,
the Work shall be deemed fifty percent (50%) completed upon (i) request in
writing by the Contractor which request is supported by such data reasonably
required by the Construction Manager, the Architect and the Owner, and (ii)
Owner's consent to such request, which consent will not be unreasonably
withheld.
12.6 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE
12.6.1
12.6.2
12.6.2.1
12.6.2.2
12.6.2.3
12.6.2.4
12.6.2.5
12.6.3
12.7 PAYMENTS TO SUBCONTRACTORS. Except with the Owner's prior approval,
payments to Subcontractors included in the Contractor's Applications for
Payment shall not exceed an amount for each Subcontractor calculated as follows:
_______________________________________________________________________________
AIA DOCUMENT AIII - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA- COPYRIGHT
1987 - THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE N.W.,
WASHINGTON D.C 20006-5292. Unlicensed photocopying violates U.S copyright laws
and is subject to legal prosecution. This document was electronically produced
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12
12.7.1 Take that portion of the Subcontract Sum properly allocable to
completed Work as determined by multiplying the percentage completion of each
portion of the Subcontractor's Work by the share of the total Subcontract Sum
allocated to that portion in the Subcontractor's schedule of values, less
retainage of ten percent (10%) or such other retainage amount as provided in
Subparagraph 12.5.4. Pending final determination of amounts to be paid to the
Subcontractor for changes in the Work, amounts not in dispute may be included
as provided in Subparagraph 7.3.7 of the General Conditions even though the
Subcontract Sum has not yet been adjusted by Change Order.
12.7.2 Add that portion of the Subcontract Sum properly allocable to
materials and equipment delivered and suitably stored at the site for
subsequent incorporation in the Work or, if approved in advance by the Owner,
suitably stored off the site at a location agreed upon in writing, less
retainage of ten percent (10%) or such other retainage amount as provided in
Subparagraph 12.5.4.
12.7.3 Subtract the aggregate of previous payments made by the Contractor to
the Subcontractor.
12.7.4 Subtract amounts, if any, for which the Construction Manager or the
Architect has withheld or nullified a Certificate for Payment by the Owner to
the Contractor for reasons which are the fault of the Subcontractor and other
amounts, not including retainage described in Paragraphs 12.7.1 and 12.7.2,
properly held at the time of each such request for payment.
12.7.5 Add, upon Substantial Completion of the entire Work of the
Contractor, a sum sufficient to increase the total payments to the
Subcontractor to ninety-five percent (95%) of the Subcontract Sum, less
amounts, if any, for incomplete Work and unsettled claims; and, if final
completion of the entire Work is thereafter materially delayed through no fault
of the Subcontractor, add any additional amounts payable on account of Work of
the Subcontractor in accordance with Subparagraph 9.10.3 of the General
Conditions.
(If it is intended, prior to Substantial Completion of the entire Work of the
Contractor, to reduce or limit the retainage from Subcontractors resulting from
the percentages inserted in Subparagraphs 12.7.1 and 12.7.2 above, and this is
not explained elsewhere in the Contract Documents, insert here provisions for
such reduction or limitation.)
The Subcontract Sum is the total amount stipulated in the subcontract to be
paid by the Contractor to the Subcontractor for the Subcontractor's performance
of the subcontract.
12.8 Except with the Owner's prior approval, the Contractor shall not make
advance payments to suppliers for materials or equipment which have not been
delivered and stored at the site.
12.9 In taking action on the Contractor's Applications for Payment, the
Construction Manager and the Architect shall be entitled to rely on the
accuracy and completeness of the information furnished by the Contractor and
shall not be deemed to represent that the Construction Manager or the Architect
has made a detailed examination, audit or arithmetic verification of the
documentation submitted in accordance with Paragraph 12.4 or other supporting
data; that the Construction Manager or the Architect has made exhaustive or
continuous on-site inspections or that the Construction Manager or the
Architect has made examinations to ascertain how or for what purposes the
Contractor has used amounts previously paid on account of the Contract.
ARTICLE 13
FINAL PAYMENT
13.1 Final payment shall be made by the Owner to the Contractor when (1)
the Contract has been fully performed by the Contractor, as provided in
Subparagraph 9.10.1 of the General Conditions, except for the Contractor's
responsibility to correct defective or nonconforming Work, as provided in
Subparagraph 12.2.2 of the General Conditions, and to satisfy other
requirements, if any, which necessarily survive final payment; (2) a final
Application for Payment and a final accounting for the Cost of the Work and all
required supporting documentation have been submitted by the Contractor and
reviewed by the Owner's accountants; and (3) a final Certificate for Payment
has then been issued by the Construction Manager and the Architect; such final
payment shall be made by the Owner not more than 30 days after the issuance of
the Construction Manager's and Architect's final Certificate for Payment, or as
follows:
_______________________________________________________________________________
AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA- COPYRIGHT
1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,
WASHINGTON D.C 20006-5292. Unlicensed photocopying violates U.S. copyright laws
and is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998--Page #12
13
13.2 The amount of the final payment shall be calculated as follows:
13.2.1 Take the sum of the Cost of the Work substantiated by the
Contractor's final accounting and the Contractor's Fee; but not more than the
Guaranteed Maximum Price, if any.
13.2.2 Subtract amounts, if any, for which the Construction Manager or the
Architect withholds, in whole or in part, a final Certificate for Payment as
provided in Subparagraph 9.5.1 of the General Conditions or other provisions of
the Contract Documents.
13.2.3 Subtract the aggregate of previous payments made by the Owner.
If the aggregate of previous payments made by the Owner exceeds the amount due
the Contractor, the Contractor shall reimburse the difference to the Owner. If
such aggregate, plus the amount requested in the final Application for Payment,
is less than the Guaranteed Maximum Price, the Owner shall pay the Contractor
the appropriate share of Savings if and to the extent required by Paragraph 5.2.
13.3 The Owner's accountants will review and report in writing on the
Contractor's final accounting within 30 days after delivery of the final
accounting to the Construction Manager and the Architect by the Contractor.
Based upon such Cost of the Work as the Owner's accountants report to be
substantiated by the Contractor's final accounting, and provided the other
conditions of Paragraph 13.1 have been met, the Construction Manager and the
Architect will, within seven days after receipt of the written report of the
Owner's accountants, either issue to the Owner a final Certificate for Payment
with a copy to the Contractor, or notify the Contractor and Owner in writing of
the Construction Manager's and the Architect's reasons for withholding a
certificate as provided in Subparagraph 9.5.1 of the General Conditions. The
time periods stated in this Paragraph 13.3 supersede those stated in
Subparagraph 9.4.2 of the General Conditions.
13.4 If the Owner's accountants report the Cost of the Work as
substantiated by the Contractor's final accounting to be less than claimed by
the Contractor, the Contractor shall be entitled to demand arbitration or
litigation in accordance with Paragraphs 4.9 and 4.10 of the General Conditions
of the disputed amount without a further decision of the Architect. Such demand
for arbitration or litigation shall be made by the Contractor within 30 days
after the Contractor's receipt of a copy of the Architect's final Certificate
for Payment; failure to demand arbitration or litigation within this 30-day
period shall result in the substantiated amount reported by the Owner's
accountants becoming binding on the Contractor. Pending a final resolution by
arbitration or litigation, the Owner shall pay the Contractor the amount
certified in the Construction Manager's and Architect's final Certificate for
Payment.
13.5 If, subsequent to final payment and at the Owner's request, the
Contractor incurs costs described in Article 7 and not excluded by Article 8 to
correct defective or nonconforming Work, the Owner shall reimburse the
Contractor such costs and the Contractor's Fee applicable thereto on the same
basis as if such costs had been incurred prior to final payment, but not in
excess of the Guaranteed Maximum Price, if any. If the Contractor has
participated in savings as provided in Paragraph 5.2, the amount of such
savings shall be recalculated and appropriate credit given to the Owner in
determining the net amount to be paid by the Owner to the Contractor.
ARTICLE 14
MISCELLANEOUS PROVISIONS
14.1 Where reference is made in this Agreement to a provision of the
General Conditions or another Contract Document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract
Documents.
14.2 Payments due and unpaid under the Contract shall bear interest from
the date payment is due at the rate stated below, or in the absence thereof, at
the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, if any.)
Ten Percent (10%) per annum.
(Usury laws and requirements under the Federal Truth in Lending Act, similar
state and local consumer credit laws and other regulations at the Owner's and
Contractor's principal places of business, the location of the Project and
elsewhere may affect the validity of this provision. Legal advice should be
obtained with respect to deletions or modifications, and also regarding
requirements such as written disclosures or waivers.)
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION -AIA - COPYRIGHT
1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,
WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S. copyright
laws and is subject to legal prosecution. This document was electronically
produced with permission of the AIA and can be reproduced without violation
until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #13
14
14.3 Other provisions:
14.3.1 The Contractor represents and warrants the following to the Owner (in
addition to any other representations and warranties contained in the Contract
Documents) as a material inducement to the Owner to execute this Agreement,
which representations and warranties shall survive the execution and delivery
of this Agreement, any termination of this Agreement and the final completion
of the Work:
(1) the Contractor and its Subcontractors are financially solvent,
able to pay all debts as they mature and possessed of sufficient working
capital to complete the Work and perform all obligations hereunder;
(2) the Contractor is able to furnish the plant, tools, materials,
supplies, equipment and labor required to complete the Work and perform its
obligations hereunder and has sufficient experience and competence to do so;
(3) the Contractor is authorized to do business in the State of
Nevada and is properly licensed by all necessary governmental and public and
quasi-public authorities having jurisdiction over the Contractor and over the
Work and the Project;
(4) the Contractor's execution of this Agreement and performance
thereof is within the Contractor's duly authorized powers; and
(5) the Contractor is a large, sophisticated contractor who
possesses a high level of experience and expertise in the business
administration, construction, construction management and superintendence of
projects of the size, complexity and nature of this particular Project and will
perform the Work with the care, skill and diligence of such a contractor.
14.3.2 The parties acknowledge that Contractor intends to self-perform the
concrete portion of the Work.
14.3.3 Contractor anticipates that, due to circumstances that the Contractor
is currently unaware of, certain subcontract prices may increase. Subject to
Owner's written approval, which shall not be unreasonably withheld, such
increases may increase the Guaranteed Maximum price but only by an amount not
to exceed Five Hundred Thousand Dollars. Such written approval must be signed
on behalf of the Owner by the President of the Owner's General Partner. Such
position is currently held by Mr. Brian McMullan.
14.3.4 See Exhibit 6 attached hereto.
14.3.5 The effectiveness of this Agreement is conditioned upon Owner
obtaining financing for the construction of the Project on terms and conditions
satisfactory to Owner in its sole and absolute discretion no later than January
5, 1998 pursuant to the Private Placement Memorandum dated December 9, 1997.
ARTICLE 15
TERMINATION OR SUSPENSION
15.1 The Contract may be terminated by the Contractor as provided in
Article 14 of the General Conditions; however, the amount to be paid to the
Contractor under Subparagraph 14.1.2 of the General Conditions shall not exceed
the amount the Contractor would be entitled to receive under Paragraph 15.3
below, plus fifty percent (50%) of the Contractor's unearned fee provided
termination of Contractor is based on reasons other than those set forth in
Paragraph 14.2 of the General Conditions.
15.2 If a Guaranteed Maximum Price is established in Article 5, the
Contract may be terminated by the Owner for cause as provided in Article 14 of
the General Conditions; however, the amount, if any, to be paid to the
Contractor under Subparagraph 14.2.4 of the General Conditions shall not cause
the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount the
Contractor would be entitled to receive under Paragraph 15.3 below.
15.3 If no Guaranteed Maximum Price is established in Article 5, the
Contract may be terminated by the Owner for cause as
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AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION -AIA - COPYRIGHT
1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,
WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S. copyright
laws and is subject to legal prosecution. This document was electronically
produced with permission of the AIA and can be reproduced without violation
until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #14
15
provided in Article 14 of the General Conditions; however, the Owner shall then
pay the Contractor an amount calculated as follows:
15.3.1 Take the Cost of the Work incurred by the Contractor to the date of
termination.
15.3.2 Add the Contractor's Fee computed upon the Cost of the Work to the
date of termination at the rate stated in Paragraph 5.1 or, if the Contractor's
Fee is stated as a fixed sum in that Paragraph, an amount which bears the same
ratio to that fixed-sum Fee as the Cost of the Work at the time of termination
bears to a reasonable estimate of the probable Cost of the Work upon its
completion.
15.3.3 Subtract the aggregate of previous payments made by the Owner. The
Owner shall also pay the Contractor fair compensation, either by purchase or
rental at the election of the Owner, for any equipment owned by the Contractor
which the Owner elects to retain and which is not otherwise included in the
Cost of the Work under Subparagraph 15.3.1. To the extent that the Owner elects
to take legal assignment of subcontracts and purchase orders (including rental
agreements), the Contractor shall, as a condition of receiving the payments
referred to in this Article 15, execute and deliver all such papers and take
all such steps, including the legal assignment of such subcontracts and other
contractual rights of the Contractor, as the Owner may require for the purpose
of fully vesting in the Owner the rights and benefits of the Contractor under
such subcontracts or purchase orders.
15.4 The Work may be suspended by the Owner as provided in Article 14 of
the General Conditions; in such case, the Guaranteed Maximum Price, if any,
shall be increased as provided in Subparagraph 14.3.2 of the General Conditions
except that the term "cost of performance of the Contract" in that Subparagraph
shall be understood to mean the Cost of the Work and the term "profit" shall be
understood to mean the Contractor's Fee as described in Paragraphs 5.1 and 6.3
of this Agreement.
Insert I: 15.5 The Contractor shall not be entitled to any portion of Savings
if the Owner terminates this Contract for cause or if the Contractor terminates
this Agreement for any reason prior to final completion.
ARTICLE 16
ENUMERATION OF CONTRACT DOCUMENTS
16.1 The Contract Documents, except for Modifications issued after
execution of this Agreement, are enumerated as follows:
16.1.1 The Agreement is this executed Standard Form of Agreement Between
Owner and Contractor, AIA Document A111, 1987 Edition, along with its Exhibits.
16.1.2 The General Conditions are the General Conditions of the Contract for
Construction, Construction Manager - Adviser Edition AIA Document A201/CMa, 1992
Edition, as supplemented, a copy of which is attached hereto.
16.1.3 The Supplementary and other Conditions of the Contract are those
contained in the Project Manual dated December 10, 1997, Volume I-A.
16.1.4 The Specifications are those contained in the Project Manual dated as
in Paragraph 16.1.3, Volumes I-A through Volume III and the interior
specifications sent by Architect to Contractor by Transmittal dated on or about
November 19, 1997, a copy of which is attached as Exhibit 4 and the garage
specifications dated December 10, 1997 prepared by Kracor, Inc.
(Either list the Specifications here or refer to an exhibit attached to this
Agreement.)
16.1.5 The Drawings identified in the attached Exhibit Number 3 consisting
of three pages entitled "Index Sheet" prepared by Architect and dated 12/10/97
and separately labeled "Lowrise Package" Sheet Number LR, "Lowrise Package"
Sheet Number WA, and "Hotel Package" Sheet Number HR.
(Either list the Drawings here or refer to an exhibit attached to this
Agreement.)
- --------------------------------------------------------------------------------
AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION -AIA - COPYRIGHT
1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,
WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S. copyright
laws and is subject to legal prosecution. This document was electronically
produced with permission of the AIA and can be reproduced without violation
until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #15
16
16.1.6 The Addenda, if any, are as follows, including any and all exhibits or
attachments:
NUMBER DATE PAGES
1 6-19-97 1-5
2 6-26-97 1-7
3 6-30-97 1-9
4 7-03-97 1-6
5 7-17-97 1-6
6 7-24-97 1-8
7 8-05-97 1-6
8 8-29-97 1-18
9 9-16-97 1-3
10 12-18-97
Portions of Addenda relating to bidding requirements are not part of the
Contract Documents unless the bidding requirements are also enumerated in this
Article 16.
16.1.7 Other Documents, if any, forming part of the Contract Documents are
as follows:
(List here any additional documents which are intended to form part of the
Contract Documents. The General Conditions provide that bidding requirements
such as advertisement or invitation to bid, Instructions to Bidders, sample
forms and the Contractor's bid are not part of the Contract Documents unless
enumerated in this Agreement. They should be listed here only if intended to be
part of the Contract Documents.)
The Garage Construction Documents are identified in the attached Exhibit
Number 5.
This Agreement is entered into as of the day and year first written above and
is executed in at least four original copies of which one is to be delivered
to the Contractor, one each to the Construction Manager and Architect for use
in the administration of the Contract, and the remainder to the Owner.
OWNER CONTRACTOR
/s/Illegible Signature /s/Illegible Signature
(Signature) (Signature)
SR Vice President, CFO and J.A.Jones Construction
General Counsel Vice President
(Printed name and title) (Printed name and title)
- --------------------------------------------------------------------------------
AIA DOCUMENT A111 - OWNER-CONTRACTOR AGREEMENT - TENTH EDITION -AIA - COPYRIGHT
1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,
WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S. copyright
laws and is subject to legal prosecution. This document was electronically
produced with permission of the AIA and can be reproduced without violation
until the date of expiration as noted below.
Electronic Format A111-1987
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #16
17
SIGNATURE PAGE OF STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND CONTRACTOR WHERE THE BASIS OF PAYMENT IS
THE COST OF THE WORK PLUS A FEE WITH OR
WITHOUT A GUARANTEED MAXIMUM PRICE
(AIA DOCUMENT A111)
OWNER:
THE RESORT AT SUMMERLIN, LIMITED PARTNERSHIP,
a Nevada limited partnership
By: The Resort at Summerlin,, Inc.,
a Nevada corporation
By: /s/ [ILLEGIBLE]
---------------
S.R. Vice President, CFO and General Counsel
CONTRACTOR:
J.A. JONES CONSTRUCTION
a North Carolina corporation
By: /s/ John P. Stephens
--------------------
John P. Stephens
Vice President
Page #17
18
EXHIBIT 1
19
EXHIBIT NUMBER 1
December 17, 1997
(a) Contractor and Owner acknowledge that as of the date of execution of
this Contract the Architect has not prepared separate Drawings and
Specifications for the hotel tower which is shown on the site plan that is a
part of the Drawings and which is to be located on the Western portion of the
site (the "Second Hotel Tower"). Architect has, however, completed Drawings and
Specifications for the other hotel tower to be located on the site. Contractor
acknowledges that (i) Contractor is obligated pursuant to this Contract to
construct the Second Hotel Tower to be identical to the other hotel tower to be
located on the site, with the connecting corridor to the Second Hotel Tower to
be constructed in accordance with the Design Development drawings and related
Specifications that are a part of the Contract; and (ii) that Contractor is
obligated pursuant to the Contract to construct the Second Hotel Tower in
accordance with the terms and conditions of the Contract, including the
Guaranteed Maximum Price set forth in Section 5.2.1 of the Agreement.
(b) Contractor and Owner acknowledge, however, that the Owner may elect to
cause the Second Hotel Tower to be constructed by Contractor under the Contract
in accordance with the attacked Second Hotel Narrative dated December 21, 1997,
for an increase in the Guaranteed Maximum Price of not more that Two Million
Five Hundred Thousand Dollars ($2,500,000.00). Owner and Contractor shall
negotiate in good faith to develop final approved Construction Drawings and
Specifications for the Second Hotel Tower and an approved Guaranteed Maximum
Price for the changes not to exceed two million five hundred dollars
($2,500,000). Upon execution of such approval, the Guaranteed Maximum Price in
Article 5.1.2 shall be increased by the amount as set forth in such approval
and the Contract shall remain in full force and effect with no modifications,
except for said increase in the Guaranteed Maximum Price and the Second Hotel
Tower shall be constructed by Contractor pursuant to the Contract in accordance
with the final approved Construction Drawings and Specifications for the Second
Hotel Tower.
(c) Owner and Contractor shall evidence their approval of such final
Construction Drawings and Specifications for the Second Hotel Tower by
execution of a written instrument setting
20
forth such approval along with the approved Guaranteed Maximum Price. Such
approval to be binding on Owner must be signed by the President of the Owner's
general partner. Such approval form shall not be deemed to be a Change Order
under this Contract or a modification of this Contract.
(d) If such approval has not been executed by Owner and Contractor within
84 days from the date of commencement, 1998, Contractor shall proceed to
construct the Second Hotel Tower in accordance with subdivision (a) of this
Exhibit Number 1.
-2-
21
ATTACHMENT TO GMP CONTRACT
SECOND HOTEL NARRATIVE
THE RESORT AT SUMMERLIN
DECEMBER 21,1997
(1) General Specifications The second hotel ("Hotel 2") shall be designed and
constructed to provide the identical level of quality, in all aspects including,
but not limited to, the structural frame, the grades of finishes, as specified
in the drawings for the first Hotel ("Hotel 1"), which are attached to and made
a part of the Guaranteed Maximum Price contract between J.A. Jones Construction
Co. and The Resort at Summerlin, L.P. (the "GMP Contract"). This Attachment,
which shall be part of the GMP Contract, serves to set froth the minimum
standards of quality, structure, finishes, design and construction of Hotel 2.
This Attachment shall serve to set forth those areas wherein it is
anticipated that Hotel 2 shall differ from Hotel 1. This Attachment refers to
documents, drawings, terms, words and phrases set forth in the specifications
that form the basis of the GMP Contract. These documents, drawings, terms,
words, and phrases shall have the same meanings herein as utilized in the GMP
Contract. Terms, words and phrases particular to the construction industry and
the trade of architects shall have their common meanings unless otherwise
defined or apparent by their usage herein. Further, all current drawings from
Paul Steelman Ltd. concerning Hotel 2 are attached hereto and made a part of
this Attachment.
Hotel 1 and Hotel 2 shall be basically the same except as set forth
herein. Hotel 2 shall consist of six stories above a partial basement and shall
utilize a similar footprint, a similar post-tensioned concrete structural system
and a similar 33'-0" structural bay. Hotel 2 shall have a two-story restaurant
space on one wing of the first floor. Hotel 2's restaurant space is to be
oriented toward the restaurant in Hotel 1 with each facing the other and
towards the gardens. The pedestrian link to the lifestyle and restaurant
complex form Hotel 2 shall pass to the left of the central elevators in the
same manner set forth in Hotel 1, but shall be modified as set forth in (2)
below.
The intent of the parties is for Hotel 2 to provide a different product,
but to be designed and constructed in such a manner that Hotel 2 provides the
same level of quality as Hotel 1. Hotel 2 will have changes that are decorative
in nature, while maintaining in every manner the standard and quality of Hotel
1. Hotel 2 will have the same structural frame and Hotel 1. In addition, the
same quality grade finishes utilized in Hotel 1 are also to be utilized in
Hotel 2. Further, Hotel 2 shall be designed and constructed so as to meet the
stringent criteria set forth for five-star status and quality in that certain
agreement between Regent Worldwide Hotels and The Resort at Summerlin, L.P.
Finally, Hotel 2 will be designed and constructed to gain the approval of the
Summerlin Design Review Committee and Howard Hughes Corporation.
(2) Lifestyles Center Link The line to the Lifestyles Center from Hotel 2
will be similar to the Casino Link from Hotel 1 in that each is an enclosed,
partially glazed walkways built above a service corridor. Modifications include
the addition of a three-stop hydraulic elevator and an open stair to connect
Hotel 2 to the Lifestyles Center Link. A central feature of the new link will
be a Bridge Pavilion that will span the Upper Pond. The link is at the same
elevation as the restaurant portion of the Lifestyles Center, but will be 5'
below the first floor of Hotel 2.
(3) Terraces Hotel 2's end terraces will be rectangular, as opposed to the
semi-circular terraces in Hotel 1. With this layout, pre-cast concrete planks
will not be necessary for Hotel 2. The terrace will be an extension of the
post-tensioned slab. There is a new semi-circular terrace at the center of
Hotel 2 at the fourth and fifth floors.
(4) Porte-Cochere Hotel 2's porte-cochere will be "bullet" shaped and
supported by eight piers. It will approximately be 100% larger that Hotel 1's
porte-cochere.
Initials [ILLEGIBLE]
-----------
Initials [ILLEGIBLE]
-----------
22
(5) Decorative Towers Eight, partially engaged, decorative towers will be
added to Hotel 2 as set forth in the attached drawings. Each tower will project
approximately four feet from the face of the building. The floor slabs at these
towers will be extended to support the stucco/EIFS skin.
(6) Articulated Two-Story Base Hotel 2's slabs, as well as the exterior
stucco/EIFS skin at the first, second and third floor slabs, will extend
approximately 18" past those of Hotel 1. However, the glazing at the first
floor of Hotel 2 will not be moved out. Additional framing and stucco/EIFS may
be required at the first floor of Hotel 2 to return the skin to glazing. A GFRC
balustrade will cap this base at the third floor of Hotel 2.
(7) Typical Rooms A soffit/drapery valance with three downlights is added at
the exterior windows of Hotel 2. Hotel 2's communicating doors have been moved
from the interior column assembly to the demising wall adjacent to the entry
door. The bars, previously at the closets in Hotel 1, have been moved for Hotel
2 to the interior column in a side-by-side arrangement. Hotel 2's bathrooms
have been redesigned as set forth above on the attached drawings, but still
maintain the same fixture count and the same grade of finishes.
(8) Basement Hotel 2 will have a similar layout as Hotel 1. Hotel 2's
modifications include the addition of a mechanical vault underneath the south
wing, as well as the possible addition of a 2500 square foot private club,
which for purposes of pricing, shall be deemed "shell only."
(9) First Floor Hotel 2 will have a similar layout as Hotel 1. Hotel 2's
modifications include the addition of a "Library Bar" and a Hotel Shop, each
adjacent to the Lobby. Hotel 2's registration, back-of-house, kitchen and
restaurant organization is largely unchanged from Hotel 1. The private dining
rooms in Hotel 1 will most likely be changed to either a retail or concierge
facility in Hotel 2. Unlike Hotel 1, Hotel 2's restaurant will all be on one
level. Hotel 2's Lobby and Restaurant will have different interior finishes,
but the grade of finish will remain the same as that used for Hotel 1. The
first floor slab will extend approximately 18" as set forth in (6) above.
(10) Second Floor Hotel 2 will have a similar layout to Hotel 1. Hotel 2's
modifications include the 18" slab extension described in (6) and (9) above.
(11) Third Floor Hotel 2 will have a similar layout to Hotel 1. Hotel 2's
modifications include the 18" slab extension described in (6), (9) and (10)
above and the GFRC balustrade described in (6) above.
(12) Fourth Floor Hotel 2 will have a similar layout to Hotel 1. Hotel 2's
modifications include the revised terraces described in (3) above.
(13) Fifth Floor Hotel 2 will have a similar layout to Hotel 1. Hotel 2's
modifications include the revised terraces described in (3) above. In addition,
Hotel 2's "E" suite at the center of the fifth floor will be redesigned and
expanded vertically to include the 6th floor directly above. An internal stair
will be added to provide access within the two level suite.
(14) Sixth Floor Hotel 2's sixth floor will be completely redesigned. A
majority of the keys will be suites. The exterior will consist of a series of
open, stucco/EIFS arches. The exterior wall will be set back approximately 8'
behind the arches, thereby creating a number of covered terraces. The slab at
each terrace will be waterproofed to protect the rooms below on the fifth
floor.
(15) Roof Hotel 2 will have a clay-tiled Mansard roof, similar to Hotel 1.
Hotel 2's modifications include a reduction of the Mansard height to
approximately 10' above the roof slab. Each of the eight decorative towers,
described in (5) above, will be capped by a hip roof. Six parapet gables, two
at the center and two at the center of each wing, will extend past the roof
slab on Hotel 2. Each pair of gables will be joined by a ridged, clay-tiled
roof, front-to-back. The half-conical roof of the end tower of Hotel 1 will be
replaced by a simple GFRC balustrade in Hotel 2.
Initials [ILLEGIBLE]
--------
Initials [ILLEGIBLE]
--------
23
EXHIBIT 2
24
PAGE 1 GENERAL CONDITIONS DATE: 16-Dec-97
Project: THE RESORT @ SUMMERLIN Estimate No.: N97N012
Location: SUMMERLIN PARKWAY Bids Due: SEPT 23, 1997 Reviewed: ____
Architect: PAUL STERIMAN LTD. Owner: THE RESORT @ SUMMERLIN Checked: ____
******LOW-RISE & TOWER I******
====================================================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
====================================================================================================================================
FIELD STAFF SALARIES & WAGES
01-10-10 SUPERVISION - ADMINISTRATIVE
Construction Manager 1 10,000.00 5 50,000 0 50,000
SUPERVISION - CONSTRUCTION
Project Manager 1 8,000.00 13 104,000 0 104,000
Superintendents 1 7,500.00 13 97,500 0 97,500
Ass't Superintendents 4 5,000.00 13 260,000 0 260,000
Area Superintendents (2nd s) 3 6,500.00 7 136,500 0 136,500
Craft Superintendents 1 1 0 0 0
Mech & Elect Coord/Supt 1 1 0 0 0
01-10-20 OFFICE MGT & CLERKS
Field Office Manager 1 4,500.00 13 58,500 0 58,500
Accountant & Paymaster 1 1 0 0 0
Timekeepers, Clerks 2 1,500.00 13 39,000 0 39,000
Secretarys & Stenos 1 1,200.00 13 15,600 0 15,600
Secretary/Accountant 1 1 0 0 0
01-10-30 ENGINEERING
Project Engineer 1 6,250.00 13 81,250 0 81,250
Office/Cost Engrs 5 4,200.00 13 260,000 0 260,000
Field Engineers 2 4,750.00 6 57,000 0 57,000
Chief Office Engineer 1 1 0 0 0
Instrument Man 1 1 0 0 0
Rodmen 1 1 0 0 0
Mech & Elect Engrs 1 5,000.00 13 65,000 0 65,000
Draftmen & Clerks 1 1 0 0 0
01-10-40 SAFETY & INDUSTRIAL RELATIONS
Regional Safety Supervisor 1 1 0 0 0
Safety Inspector (IF>20901) 1 5,000.00 13 65,000 0 65,000
Nurse, First Aid Attend. 1 1 0 0 0
Industrial Relations Supv 1 1 0 0 0
01-10-50 QUALITY ASSURANCE
Q.A. Engineers 1 4,500.00 10 45,000 0 45,000
Lab Technicians 1 1 0 0 0
01-10-60 PROCUREMENT - JOB
Purchasing Agent 1 5,000.00 10 50,000 0 50,000
Expeditor 1 1 0 0 0
01-10-70 WAREHOUSING SUPERVISOR
Warehouse Supervisor 1 1 0 0 0
Clerks 1 1 0 0 0
- ------------------------------------------------------------------------------------------------------------------------------------
Subtotal Field Staff 1,384,350 0 1,384,350
====================================================================================================================================
25
PAGE 2 GENERAL CONDITIONS DATE: 16-Dec-97
Project: THE RESORT @ SUMMERLIN Estimate No.: N975012
Location: SUMMERLIN PARKWAY Bids Due: SEPT. 23, 1997 Reviewed: ____
Architect: PAUL STEELMAN LTD. Owner: THE RESORT @ SUMMERLIN Checked: ____
******LOW-RISE & TOWER I******
====================================================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
====================================================================================================================================
INDIRECT CONSTRUCTION SERVICES & SUPPORT
01-21-10 CLEANUP
Continuous Cleanup 2 2,800.00 13 72,800 0 72,800
Trash Bin Rent 1 1,500.03 13 0 19,500 19,500
Trash Bin Haul 1 1,500.00 13 0 19,500 19,500
Trash Chutes, Hoppers 1 1 0 0 0
Final Cleanup & Move Out 750,000 0.12 1 0 93,600 93,600
Clean Glass & Metal 1 1 0 0 0
01-22-20 SAFETY CONSTRUCTION
Safety Rail & Barricde-Bldg 15,800 1.00 1.00 1 15,800 15,800 31,600
Sidewalk Barricades 1 1 0 0 0
Sidewalk & Street Rental 1 1 0 0 0
Ladders & Stairs 1 1,000.00 14 0 14,000 14,000
Doors & Landings & Towers 1 1 0 0 0
Rainwear, HardHats, ProtGear 1 500.00 2 0 1,000 1,000
01-23-00 TESTING & CONSULTING
Test Boring, Soil Tests 1 1 0 0 0
Concrete Tests 1 1 0 0 0
Outside Consulting Services 1 1 0 0 0
Survey - Initial & Final 1 138,000.00 1 0 138,000 138,000
CPM Schedule Set-Up 1 IN-HOUSE 1 0 0 0
CPM Schedule Updates 1 IN-HOUSE 1 0 0 0
01-24-00 Warehousing & Handling Matls 1 1 0 0 0
01-25-00 WEATHER PROTECTION
Protection From Elements 1 5,000.00 2 0 10,000 10,000
HVAC for Perm Bldgs-Install 1 1 0 0 0
HVAC Fuel & Operators 1 1 0 0 0
01-27-00 PERSONNEL TRANSPORTATION 1 1 0 0 0
01-30-00 TEMPORARY FACILITIES & UTILITIES
Job Office 1 1,750.00 13 0 22,750 22,750
Owner/Architect's Office 1 1,000.00 13 0 13,000 13,000
Supplement Const for Trails 1 10,000.00 1 0 10,000 10,000
Tool House & Area Shacks 1 2,500.00 1 0 2,500 2,500
Change Houses 1 1 0 0 0
Saw Sheds, etc. 1 1 0 0 0
Warehouses 1 1 0 0 0
Rent, Buildings & Land 1 1 0 0 0
Fab Facilities 1 1 0 0 0
01-32-00 TEMP CONST UTILITIES
Power&Lights, Install-Bldg 1 1 0 0 0
Power&Lights, Install-Securi 1 1 0 0 0
Power&Lights, Install-Cranes 1 1 0 0 0
Power&Lights-Consumption 1 5,500.00 13 0 71,500 71,500
26
PAGE 3 GENERAL CONDITIONS DATE 16-Dec-97
Project: THE RESORT @ SUMMERLIN Estimate No.: N97N012 Reviewed:
Location: SUMMERLIN PARKWAY Bids Due SEPT 23, 1997 --------
Architect: PAUL STEELMAN LTD Owner: THE RESORT @ SUMMERLIN Checked:
--------
**********LOW-RISE & TOWER I*********
====================================================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
====================================================================================================================================
Gas Lines & Storage 1 1 0 0 0
Air Lines & Storage 1 1 0 0 0
Water - Installation 1 2,000.00 1 0 2,000 2,000
Water Coolers or Barrels 1 1,000.00 1 0 1,000 1,000
Water - Consumption 1 500.00 13 0 6,500 6,500
Water - Ice & Cups 1 750.00 13 0 9,750 9,750
Water Boys & Janitors 1 975.00 13 12,675 0 12,675
Construction Water 1 1,000,00 13 0 13,000 13,000
HVAC for Temp Bldg 1 1 0 0 0
Sanitary Fac - Installation 1 1 0 0 0
Sanitary Fac - Opr & Supplies 1 100.00 13 0 1,300 1,300
Sanitary Fac - Rental 30 120.00 13 0 46,800 46,800
01-33-00 FIELD OFFICE OPERATION
General Office Supplies 1 360.00 13 0 4,550 4,550
Engineering Supplies 1 1 0 0 0
Batterboards & Layout Matls 1 1 0 0 0
Office Machines 1 2,000.00 1 0 2,000 2,000
Copy Machines 1 525.00 13 0 6,825 6,825
Furniture 1 3,000.00 1 0 3,000 3,000
Telephone Purchase & Instal 1 1,000.00 1 0 1,000 1,000
Telephone Use 1 2,000.00 13 0 26,000 26,000
Telecopy 1 1,500.00 1 0 2,500 1,500
Radio Communications 1 3,000.00 1 0 3,000 3,000
Postage & Fees 1 1,000.00 13 0 13,000 13,000
Computers for Payroll, Actg in Summary 1 0 0 0
Misc Computer Equip 1 1,250.00 13 0 16,250 16,250
Blueprinting & Photostats 1 3,000.00 5 0 15,000 15,000
Extra Plans & Specs 1 750.00 30 0 22,500 22,500
Progress Photos 1 300.00 13 0 3,900 3,900
Job Signs 1 1,000.00 3,000.00 1 1,000 3,000 4,000
Job Related Travel 1 5,000.00 2 0 10,000 10,000
Owner's Rep Equip/Supplies 1 1 0 0 0
01-14-00 SECURITY & FIRE PROTECTION
Security Fence & Gates 5,775 2.75 1 0 15,851 15,851
Guard Services 1 5,500.00 9 0 49,500 49,500
Guards 1 1 0 0 0
Security Traffic Control 1 5,000.00 1 0 0 0
Fire Protection-Risers & Ho 1 1 0 5,000 5,000
Extinguishers/Barrels 1 500.00 16 0 8,000 8,000
01-35-00 TEMP ROADS & HARDSTANDS
Construction 3,650 2.00 2.00 1 7,300 7,300 14,600
Temp Maint & Snow Removal 1 1 0 0 0
Railroad Siding 1 1 0 0 0
01-37-00 MEDICAL
Drug Testing 30 50.00 1 0 1,500 1,500
First Aid Mat'ls & Supplies 1 175.00 13 0 2,275 2,275
27
PAGE 4 GENERAL CONDITIONS DATE 16-Dec-97
Project: THE RESORT @ SUMMERLIN Estimate No.: N97N012
Location: SUMMERLIN PARKWAY Bids Due: Sept. 23, 1997
Architect: PAUL STEELMAN LTD. Owner: THE RESORT @ SUMMERLIN
Reviewed:
-----
Checked:
-----
********LOW-RISE & TOWER I********
=================================================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
=================================================================================================================================
01-38-00 Legal Expense 1 1 0 0 0
- ---------------------------------------------------------------------------------------------------------------------------------
Subtotal Indirect Const Support 109,575 732,481 842,056
=================================================================================================================================
CONSTRUCTION EQUIPMENT
01-42-20 HAULING, TRANSPORTATION
Proj Mgr Auto 1 550.00 13 0 7,150 7,150
Pickups 5 500.00 13 0 32,500 32,500
2 Ton Truck 1 800.00 13 0 10,400 10,400
MISCELLANEOUS
Transits, Levels, Rods, etc 1 2,000.00 3 0 6,000 6,000
Lasers 1 1 0 0 0
EQUIPMENT REPAIRS
Repairs by our Mechanics 1 1 0 0 0
Repairs - Outside 1 1 0 0 0
Fuel, Oil & Grease 1 300.00 91 0 27,300 27,300
Tires 1 1 0 0 0
01-43-00 Small Tools & Expandables 1 25,000.00 1 0 25,000 25,000
- ---------------------------------------------------------------------------------------------------------------------------------
Subtotal Equipment 0 108,350 108,350
=================================================================================================================================
SUMMARY: INDIRECT & GENERAL EXPENSE (Before Taxes, Insurance, etc from below)
Subtotal Field Staff Salaries 1,384,350 0 1,384,350
Subtotal Indirect Const Services 109,575 732,481 842,056
Subtotal Equipment 0 108,350 108,350
- ---------------------------------------------------------------------------------------------------------------------------------
Subtotal Indirect & General Expense 1,493,925 840,831 2,334,756
=================================================================================================================================
01-70-00 INSURANCE, TAXES, FRINGES, PERMITS
Insurance-Builders Risk $-----------@----% 0.00065 0 0
Ins-Vehicle PL & PD INCL W/G.L. W/G.L. W/G.L.
Ins-Perm Equip Install'n $-----------@----% 0 0
Ins-Perm Equip Install'n $-----------@----% 0 0
Ins-Other $-----------@----% 0 0
Ins-Umbrella $ ON SPREADSHEET 0.00200 0 0
Ins-General Liability $ ON SPREADSHEET 0.00380 0 0
01-72-00 P/R TAX, INS. (FICA, SUI, FUI, WC, GL), FRINGES
Indirect Labor Manual $ 109,575 51.00% 55,883 55,883
Indirect Labor-Non Manual $1,384,350 32.00% 442,992 442,992
Fringe Benefits-Parking $----------@-----% 0 0
28
PAGE 5 GENERAL CONDITIONS DATE 16-DEC-97
Project: THE RESORT @ SUMMERLIN Estimate No.: N97N012
Location: SUMMERLIN PARKWAY Bids Due: SEPT. 23, 1997 Reviewed:
---
Architect: PAUL STEELMAN LTD. Owner: THE RESORT @ SUMMERLIN Checked:
---
**************LOW-RISE & TOWER 1**************
========================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
Fringe Benefits-Meals $ @ % 0 0
-------- -----
01-73-00 TAXES, PERMITS & LICENSES
Sales Tax (Direct & Indirec $ 840,831 7.00% 58,858 58,858
State Business & Occup Tax $ @ % 0 0
-------- -----
City Business & Occup Tax $ @ % 500 500
-------- -----
Other Taxes 0 0
Building Permits 0 0
Other Permits 0 0
Licenses 350 350
01-74-00 BANKING & FINANCE COST 0
01-75-00 EMPLOYEE EXPENSE
Relocating Expense 7,500 4 10,000 10,000
Temp Living Expense 2,500 4 10,000 10,000
Executive Travel 300 13 3,900 3,900
----------------------------------
TOTAL Indirect & General Expense 1,992,800 944,439 2,937,240
Safety Bonus (>5MM=5K, 5-20MM=10K, 20-50MM=15K, >50MM=25K) 25,000
----------------------------------
COST Including Indirect & General Expense 1,992,800 944,439 2,962,240
Preconstruction Costs 0
---------
COST Including Indirect & General Expense 2,962,240
=========
01-78-10 ESCALATION
Field Staff Wage Raises 2.75% 38,070
Material 0.00% 0
Overtime 0.00% 0
01-78-20 CONTINGENCY 0% 0
---------
TOTAL AMOUNT 3,000,309
=========
LATE CHANGES (Plus or Minus)
---------
ADJUSTED TOTAL AMOUNT 3,300,309
=========
29
PAGE 1 GENERAL CONDITIONS DATE: 16-Dec-97
Project: THE RESORT @ SUMMERLIN Estimate No.: N97N012
Location: SUMMERLIN PARKWAY Bide Due: SEPT. 23, 1997 Received:________
Architect: PAUL STZELMAN LTD. Owner: THE RESORT @ SUMMERLIN Checked: ________
************ TOWER II ************
===================================================================================================================================
CODE ITEM QUANTITY LABOR MATERIAL TIME LABOR MATERIAL TOTAL
===================================================================================================================================
FIELD STAFF SALARIES & WAGES
01-10-10 SUPERVISION-ADMINISTRATION
Construction Manager 1 10,000.00 1 10,000 0 10,000
SUPERVISION-CONSTRUCTION
Project Manager 1 8,000.00 3 24,000 0 24,000
Project Superintendent 1 7,500.00 3 22,500 0 22,500
Ass't Superintendent 1 5,000.00 12 60,000 0 60,000
Area Superintendent (2nd Sh) 1 6,500.00 7 45,500 0 45,500
Craft Superintendents 1 1 0- 0 0
Mech & Elect Coord/Supt 1 1 0 0 0
01-10-20 OFFICE MGT & CLERKS
Field Office Manager 1 4,500.00 3 13,500 0 13,500
Accountant & Paymaster 1 1 0 0 0
Timekeepers, Clerks 1 1,500.00 3 4,500 0 4,500
Secretarys & Stenos 1 1,200.00 3 3,600 0 3,600
Secretary/Accountant 1 1 0 0 0
01-10-30 ENGINEERING
Project Engineer 1 6,250.00 3 18,750 0 18,750
Office/Cost Engrs 1 4,000.00 12 48,000 0 48,000
Field Engineers 1 4,750.00 6 28,500 0 28,500
Chief Office Engineer 1 1 0 0 0
Instrument Men 1 1 0 0 0
Rodmen 1 1 0 0 0
Mach & Elect Engrs 1 5,000.00 2 10,000 0 10,000
Draftsmen & Clerks 1 1 0 0 0
01-10-40 SAFETY & INDUSTRIAL RELATIONS
Regional Safety Supervisor 1 1 0 0 0
Safety Inspector (IF>20404) 1 5,000.00 2 10,000 0 10,000
Nurse, First Aid Attend. 1 1 0 0 0
Industrial Relations Supv 1 1 0 0 0
01-10-50 QUALITY ASSURANCE
Q.A. Engineers 1 4,500.00 2 9,000 0 9,000
Lab Technicians 1 1 0 0 0
01-10-60 PROCUREMENT - JOB
Purchasing Agent 1 5,000.00 2 10,000 0 10,000
Expeditor 1 1 0 0 0
01-10-70 WAREHOUSING SUPERVISOR
Warehouse Supervisor 1 1 0 0 0
Clerks 1 1 0 0 0
- -----------------------------------------------------------------------------------------------------------------------------------
Subtotal Field Staff 317,850 0 317,850
===================================================================================================================================
30
PAGE 2 GENERAL CONDITIONS DATE: 16-Dec-97
Project: THE RESORT @ SUMMERLIN Estimate No: N97N012
Location: SUMMERLIN PARKWAY Bids Due: SEPT. 23, 1997
Architect: PAUL STEELMAN LTD. Owner: THE RESORT @ SUMMERLIN
Received ______
Checked ______
TOWER II
=================================================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
=================================================================================================================================
01-21-00 CLEANUP
Continuous Cleanup 2 2,800.00 12 67,200 0 67,200
Trash Bin Rent 1 1,500.00 12 0 18,000 18,000
Trash Bin Haul 1 1,500.00 12 0 18,000 18,000
Trash Chutes, Hoppers 1 1 0 0 0
Final Cleanup & Move Out 38,000 0.12 1 0 45,600 45,600
Clean Glass & Metal 1 1 0 0 0
01-22-00 SAFETY CONSTRUCTION
Safety Rail & Barricde-Bldg 15,800 1.00 1.00 1 15,800 15,800 31,600
Sidewalk Barricades 1 1 0 0 0
Sidewalk & Street Rental 1 1 0 0 0
Ladders & Stairs 1 1,000.00 4 0 4,000 4,000
Doors & Landings & Towers 1 1 0 0 0
Rainwear, HardHats, ProtGear 1 500.00 1 0 500 500
01-23-00 TESTING & CONSULTING
Test Boring, Soil Tests 1 1 0 0 0
Concrete Tests 1 1 0 0 0
Outside Consulting Services 1 1 0 0 0
Survey - Initial & Final 1 35,000.00 1 0 35,000 35,000
CPM Schedule Set-Up 1 IN-HOUSE 1 0 0 0
CPM Schedule Updates 1 IN-HOUSE 1 0 0 0
01-24-00 Warehousing & Handling Matls 1 1 0 0 0
01-25-00 WEATHER PROTECTION
Protection From Elements 1 5,000.00 1 0 5,000 5,000
HVAC for Perm Bldgs-Install 1 1 0 0 0
HVAC Fuel & Operators 1 1 0 0 0
01-27-00 PERSONNEL TRANSPORTATION 1 1 0 0 0
01-30-00 TEMPORARY FACILITIES & UTILITIES
Job Office 1 1,750.00 2 0 3,500 3,500
Owner/Arhcitect's Office 1 1,000.00 2 0 2,000 2,000
Supplement Const for Traile 1 1 0 0 0
Tool House & Area Shacks 1 1 0 0 0
Change Houses 1 1 0 0 0
Saw Sheds, etc. 1 1 0 0 0
Warehouses 1 1 0 0 0
Rent, Buildings & Land 1 1 0 0 0
Fab Facilities 1 1 0 0 0
01-32-00 TEMP CONST UTILITIES
Power&Lights, Install-Bldg 1 1 0 0 0
Power&Lights, Install-Securi 1 1 0 0 0
Power&Lights, Install-Cranes 1 1 0 0 0
Power&Lights, Consumption 1 5,500.00 3 0 16,500 16,500
31
Page 3 GENERAL CONDITIONS Date 16-Dec-97
Project: THE RESORT @ SUMMERLIN Estimate NO.: N97N012
Location: SUMMERLIN PARKWAY Bids Date: SEPT. 23, 1997 Reviewed:_______
Architect: PAUL STEELMAN LTD Owner: THE RESORT @ SUMMERLIN Checked: _______
TOWER II
============================================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
============================================================================================================================
Gas Lines & Storage 1 1 0 0 0
Air Lines & Storage 1 1 0 0 0
Water - Installation 1 2,000.00 1 0 2,000 2,000
Water Coolers ex Barrels 1 1000.00 1 0 1,000 1,000
Water - Consumption 1 500.00 2 0 1,000 1,000
Water - Ice & Cups 1 750.00 2 0 1,500 1,500
Water Boys & Janitors 1 975.00 2 1,950 0 1,950
Construction Water 1 1,000.00 2 0 2,000 2,000
HVAC for Temp Bldg 1 1 0 0 0
Sanitary Fac - Installation 1 1 0 0 0
Sanitary Fac-Opr & Supplies 1 1 0 0 0
Sanitary Fac - Rental 1 120.00 13 0 12,480 12,480
01-33-00 FIELD OFFICE OPERATION
General Office Supplies 1 350.00 3 0 1,050 1,050
Engineering Supplies 1 1 0 0 0
Batterboards & Layout Matls 1 1 0 0 0
Office Machines 1 2,000.00 1 0 2,000 2,000
Copy Machines 1 525.00 3 0 1,575 1,575
Furniture 1 3,000.00 1 0 3,000 3,000
Telephone Purchase & Instal 1 1,000.00 1 0 1,000 1,000
Telephone Use 1 2,000.00 3 0 6,000 6,000
Telecopy 1 1,500.00 1 0 1,500 1,500
Radio Communications 1 3,000.00 1 0 3,000 3,000
Postage & Fees 1 1,000.00 3 0 3,000 3,000
Computers for Payroll, Actg in Summary 1 0 0 0
Misc Computer Equip 1 1,250.00 3 0 3,750 3,750
Blueprinting & Photostats 1 3,000.00 1 0 3,000 3,000
Extra Plans & Secs 1 750.00 5 0 3,750 3,750
Progress Photos 1 300.00 3 0 900 900
Job Signs 1 500.00 1,000.00 1 500 1,000 1,000
Job Related Travel 1 1,000.00 2 0 2,000 2,000
Owner's Rep Equip/Supplies 1 1 0 0 0
01-34-00 SECURITY & FIRE PROTECTION
Security Fence & Gates 1,500 2.75 1 0 4,125 4,125
Guard Service 1 5,500.00 3 0 16,500 16,500
Guards 1 1 0 0 0
Security Traffic Control 1 5,000.00 1 0 5,000 5,000
Fire Protection-Risers & Ho 1 1 0 0 0
Extinquishers/Barrels 1 500.00 3 0 1,500 1,500
01-35-00 TEMP ROADS & HARDSTANDS
Construction 3,650 2.00 2.00 1 7,300 7,300 14,600
Temp Maint & Snow Removal 1 1 0 0 0
Railroad Siding 1 1 0 0 0
01-37-00 MEDICAL
Drug Testing 3 50.00 1 0 150 150
First Aid Mat'ls & Supplies 1 175.00 3 0 525 525
32
PAGE 4 GENERAL CONDITIONS DATE 16-Dec-97
Project: THE RESORT @ SUMMERLIN Estimate No : N97N012 Reviewed:____
Location: SUMMERLIN PARKWAY Bids Due: SEPT. 23, 1997 Checked: ____
Architect: PAUL STEELMAN LTD. Owner: THE RESORT @ SUMMERLIN
*******TOWER II*******
====================================================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
====================================================================================================================================
01-38-00 Legal Expense 1 1 0 0 0
- ------------------------------------------------------------------------------------------------------------------------------------
Subtotal Indirect Const Support 92,750 255,705 348,455
====================================================================================================================================
CONSTRUCTION EQUIPMENT
01-42-20 HAULING, TRANSPORTATION 550.00 3 0 1,650 1,650
Proj Mgr Auto 1 500.00 3 0 1,500 1,500
Pickups 1
2 Ton Truck 1 800.00 3 0 2,400 2,400
MISCELLANEOUS
Transits, Levels,
Rods, etc 1 2,000.00 1 0 2,000 2,000
Lasers 1 1 0 0 0
EQUIPMENT REPAIRS
Repairs by Our Mechanics 1 1 0 0 0
Repairs - Outside 1 1 0 0 0
Fuel, Oil & Grease 1 300.00 9 0 2,700 2,700
Tires 1 1 0 0 0
01-43-00 Small Tools & Expendables 1 7,500.00 1 0 7,500 7,500
- ------------------------------------------------------------------------------------------------------------------------------------
Subtotal Equipment 0 17,750 17,750
====================================================================================================================================
SUMMARY: INDIRECT & GENERAL EXPENSE (Before Taxes, Insurances, etc from below)
Subtotal Field Staff Salaries 317,850 0 317,850
Subtotal Indirect Const Services 92,750 255,705 348,455
Subtotal Equipment 0 17,750 17,750
- ------------------------------------------------------------------------------------------------------------------------------------
Subtotal Indirect & General Expense 410,600 273,455 684,055
====================================================================================================================================
01-70-00 INSURANCE, TAXES, FRINGES, PERMITS
Insurance-Builders Risk $_________@_______% 0.00065 0 0
Ins-Vehicle PL & PD INCL W/G.L. W/G.L. W/G.L.
Ins-Perm Equip Install'n $_________@_______% 0 0
Ins-Perm Equip Install'n $_________@_______% 0 0
Ins-Other $_________@_______% 0 0
Ins-Umbrella $ ON SPREADSHEET 0.00200 0 0
Ins-General Liability $ ON SPREADSHEET 0.00380 0 0
01-72-00 P/R TAX, INS.
(PICA,SUI,FUI,WC,GL), FRINGES
Indirect Labor Manual $ 92,750 51.00% 47,303 47,303
Indirect Labor-Noc Manual $ 317,850 32.00% 101,712 101,712
Fringe Benefits-parking $_________@_______% 0 0
33
PAGE 5 GENERAL CONDITIONS DATE: 16-DEC-97
Project: THE RESORT @ SUMMERLIN Estimate No.: N97N012
Location: SUMMERLIN PARKWAY Bids Due: SEPT. 23, 1997 Reviewed: ____
Architect: PAUL STEELMAN LTD. Owner: THE RESORT @ SUMMERLIN Checked: ____
*********TOWER II********
==================================================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
==================================================================================================================================
Fringe Benefits-Meals $_______ @_____% 0 0
01-73-00 TAXES, PERMITS & LICENSES
Sales Tax (Direct & Indirect $273,455 7.00% 19,142 19,142
State Business & Occup Tax $_______@_____% 0 0
City Business & Occup Tax $_______@_____% 500 500
Other Taxes 0 0
Building Permits 0 0
Other Permits 0 0
Licenses 350 350
01-74-00 BANKING & FINANCE COST 0
01-75-00 EMPLOYEE EXPENSE
Relocating Expense 7,500 4 10,000 30,000
Temp Living Expense 2,500 4 10,000 10,000
Executive Travel 300 13 3,900 3,900
--------------------------------------------------
TOTAL Indirect & General Expense 559,615 337,347 896,961
Safety Bonus (>5MM=5K, 5-20MM=10K, 20-50MM=15K, >5CMM=25K) 25,000
--------------------------------------------------
COST Including Indirect & General Expense 559,615 337,347 921,961
Preconstruction Costs 0
-----------------
COST Including Indirect & General Expense 921,961
=================
01-78-10 ESCALATION
Field Staff Wage Raises 3.00% 9,526
Material 0.00% 0
Overtime 5.20% 29,100
01-78-20 CONTINGENCY 0% 0
----------------
TOTAL AMOUNT 960,597
================
LATE CHANGES (Plus or Minus)
----------------
ADJUSTED TOTAL AMOUNT 960,597
================
34
PAGE 1 GENERAL CONDITIONS DATE: 16-DEC-97
Project: THE RESORT PRKG STRUCT
Location: LAS VEGAS, NEVADA Bids Due: MARCH 12, 1997 Reviewed:
---
Architect: KRACOR-DESIGN/BUILD Owner: SEVEN CIRCLE RESORTS, INC. Checked:
---
**************PARKING STRUCTURE**************
==========================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
FIELD STAFF SALARIES & WAGES
01-10-10 SUPERVISION - ADMINISTRATIVE
Construction Manager 1 1 0 0 0
SUPERVISION - CONSTRUCTION
Project Manager/P.E. 1 7,500.00 5 22,500 0 22,500
Superintendent 1 4,500.00 5 22,500 0 22,500
General Superintendent 1 7,500.00 2 15,000 0 15,000
Area Superintendents 1 1 0 0 0
Craft Superintendents 1 1 0 0 0
Mech & Elect Coord/Supt 1 1 0 0 0
01-10-20 OFFICE MGT & CLERKS
Field Office Manager 1 1 0 0 0
Accountanting L.A. 1 1,250.00 5 6,250 0 6,250
Timekeepers, Clerks 1 1 0 0 0
Secretary P.T. 1 1,000.00 5 5,000 0 5,000
Secretary/Accountant 1 1 0 0 0
01-10-30 ENGINEERING
Project Engineer 1 1 0 0 0
Office/Cost Engrs 1 1 0 0 0
Field Engineers 1 1 0 0 0
Chief Office Engineer 1 1 0 0 0
Instrument Men 1 1 0 0 0
Rodmen 1 1 0 0 0
Mech & Elect Engrs 1 1 0 0 0
Draftsmen & Clerks 1 1 0 0 0
01-10-40 SAFETY & INDUSTRIAL RELATIONS
Regional Safety Supervisor 1 1 0 0 0
Safety Inspector (IF>20MM) 1 1 0 0 0
Nurse, First Aid Attend. 1 1 0 0 0
Industrial Relations Supv 1 1 0 0 0
01-10-50 QUALITY ASSURANCE
Q.A. Engineers 1 1 0 0 0
Lab Technicians 1 1 0 0 0
01-10-60 PROCUREMENT - JOB
Purchasing Agent 1 1 0 0 0
Expeditor 1 1 0 0 0
01-10-70 WAREHOUSING SUPERVISOR
Warehouse Supervisor 1 1 0 0 0
Clerks 1 1 0 0 0
- --------------------------------------------------------------------------------------------------------------
Subtotal Field Staff 71,250 0 71,250
==============================================================================================================
35
PAGE 2 GENERAL CONDITIONS DATE: 16-Dec-97
Project: THE RESORT PRKG STRUCT
Location: LAS VEGAS, NEVADA Bids Due: MARCH 12, 1997 Reviewed:__
Architect: KRACOR - DESIGN/BUILD Owner: SEVEN CIRCLE RESORTS, INC. Checked:___
*******PARKING STRUCTURE*******
==========================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
==========================================================================================================
INDIRECT CONSTRUCTION SERVICES & SUPPORT
01-21-00 CLEANUP
Continuous Cleanup 1 2,800.00 5 14,000 0 14,000
Trash Bin Rent 1 500.00 5 0 2,500 2,500
Trash Bin Haul 1 500.00 5 0 2,500 2,500
Trash Chutes, Hoppers 1 1 0 0 0
Final Cleanup & Move Out 273,600 0.04 1 0 9,576 9,576
Clean Glass & Metal 1 1 0 0 0
01-22-00 SAFETY CONSTRUCTION
Safety Rail & Barricde-Bldg 4,300 1.00 1.00 1 4,300 4,300 8,600
Sidewalk Barricades 1 1 0 0 0
Sidewalk & Street Rental 1 1 0 0 0
Ladders & Stairs 1 1,000.00 1 0 1,000 1,000
Doors & Landings @ Towers 1 1 0 0 0
Rainwear, HardHats, ProtGear 1 125.00 1 0 125 125
01-23-00 TESTING & CONSULTING
Test Boring, Soil Tests 1 1 0 0 0
Concrete Tests 1 1 0 0 0
Outside Consulting Services 1 1 0 0 0
Survey - Initial & Final 1 7,500.00 1 0 7,500 7,500
CPM Schedule Set-Up 1 1 0 0 0
CPM Schedule Updates 1 1 0 0 0
01-24-00 Warehousing & Handling Mtls 1 1 0 0 0
01-25-00 WEATHER PROTECTION
Protection From Elements 1 1 0 0 0
HVAC for Perm Bldgs-Install 1 1 0 0 0
HVAC Fuel & Operators 1 1 0 0 0
01-27-00 PERSONNEL TRANSPORTATION 1 1 0 0 0
01-30-00 TEMPORARY FACILITIES & UTILITIES
Job Offices 1 750.00 5 0 3,750 3,750
Inspector's Office 1 1 0 0 0
Supplement Const for Trails 1 1 0 0 0
Tool House & Area Shacks 1 1,400.00 1 0 1,400 1,400
Change Houses 1 1 0 0 0
Saw Sheds, etc. 1 1 0 0 0
Warehouses 1 1 0 0 0
Rent, Buildings & Land 1 BY SUB 1 0 0 0
Fab Facilities 1 1 0 0 0
01-32-00 TEMP CONST UTILITIES
Power&Lights, Install-Bldg 1 1 0 0 0
Power&Lights, Install-Securi 1 1 0 0 0
Power&Lights, Install-Cranes 1 1 0 0 0
Power&Ligts-Consumption 1 400.00 5 0 2,000 2,000
36
PAGE 3 GENERAL CONDITIONS DATE: 16-Dec-97
Project: THE RESORT PRKG STRUCT
Location: LAS VEGAS, NEVADA Bids Due: MARCH 12, 1997 Reviewed: ___
Architect: KRACOR-DESIGN/BUILD Owner: SEVEN CIRCLE RESORTS, INC. Checked: ____
*******PARKING STRUCTURE*******
- --------------------------------------------------------------------------------------------------------
Code Item Quantity Labor Material Time Labor Material Total
- --------------------------------------------------------------------------------------------------------
Gas Lines & Storage 1 1 0 0 0
Air Lines & Storage 1 1 0 0 0
Water - Installation 1 BY SUB 0 0 0
Water Coolers or Barrels 1 300.00 1 1 300 300
Water - Consumption 1 235.00 5 0 1,175 1,175
Water - Ice & Cups 1 500.00 5 0 2,500 2,500
Water Boys & Janitors 1 975.00 5 4,875 0 4,875
Construction Water 1 200.00 5 0 1,000 1,000
HVAC for Temp Bldg 1 1 0 0 0
Sanitary Fac - Installation 1 1 0 0 0
Sanitary Fac-Opr & Supplies 1 60.00 5 0 300 300
Sanitary Fac - Rental 2 120.00 5 0 1,200 1,200
01-33-00 FIELD OFFICE OPERATION
General Office Supplies 1 250.00 5 0 1,250 1,250
Engineering Supplies 1 1 0 0 0
Batterboards & Layout Matls 1 1 0 0 0
Office Machines 1 650.00 1 0 650 650
Copy Machines 1 400.00 5 0 2,000 2,000
Furniture 1 1,650.00 1 0 1,650 1,650
Telephone Purchase & Instal 1 800.00 1 0 820 800
Telephone Use 1 875.00 5 0 4,375 4,375
Telecopy 1 750.00 1 0 750 750
Radio Communications 1 2,500.00 1 0 2,500 2,520
Postage & Fees 1 375.00 5 0 1,875 1,875
Computers for Payroll, Actg 1 1,725.00 5 0 8,625 8,625
Misc Computer Equip 1 675.00 5 0 3,375 3,375
Blueprinting & Photostats 1 3,000.00 1 0 3,000 3,000
Extra Plans & Specs 1 250.00 10 0 2,500 2,500
Progress Photos 1 300.00 5 0 1,500 1,500
Job Signs 1 450.00 1,500.00 1 450 1,500 1,950
Job Related Travel 1 1 0 0 0
Owner's Rep Equip/Supplies 1 1 0 0 0
01-34-00 SECURITY & FIRE PROTECTION
Security Fence & Gates 1,600 2.50 1 0 4,000 4,000
Guard Service/Guard Dogs 1 1 0 0 0
Guards 1 1 0 0 0
Security Traffic Control 1 1 0 0 0
Fire Protection-Risers & Ho 1 1 0 0 0
Extinguishers/Barrels 1 350.00 1 0 350 350
01-35-00 TEMP ROADS & HARDSTANDS
Construction 1 1 0 0 0
Temp Maint & Snow Removal 1 1 0 0 0
Railroad Siding 1 1 0 0 0
01-37-00 MEDICAL
Drug Testing 6 50.00 1 0 300 300
First Aid Mat'ls & Supplies 1 175.00 5 0 875 875
37
PAGE 4 GENERAL CONDITIONS DATE: 16-DEC-97
Project: THE RESORT PRKG STRUCT
Location: LAS VEGAS, NEVADA Bids Due: MARCH 12, 1997 Reviewed:
---
Architect: KRACOR-DESIGN/BUILD Owner:SEVEN CIRCLE RESORTS, INC. Checked:
---
**************PARKING STRUCTURE**************
==========================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
01-38-00 Legal Expense 1 1 0 0 0
- ----------------------------------------------------------------------------------------------------------
Subtotal Indirect Const Support 23,625 83,001 106,626
==========================================================================================================
CONSTRUCTION EQUIPMENT
01-42-20 HAULING, TRANSPORTATION
Proj Mgr Auto 1 550.00 5 0 1,650 1,650
Pickups 1 500.00 7 0 3,500 3,500
2 Ton Truck 1 W/CONC 1 0 0 0
MISCELLANEOUS
Transits,Levels,Rods,etc 1 2,000.00 1 0 2,000 2,000
Lasers 1 1 0 0 0
EQUIPMENT REPAIRS
Repairs by Our mechanics 1 1 0 0 0
Repairs - Outside 1 1 0 0 0
Fuel, Oil & Grease 1 100.00 12 0 3,600 3,600
Tires 1 1 0 0 0
01-43-00 Small Tools & Expendables 1 3,000.00 1 0 3,000 3,000
- ----------------------------------------------------------------------------------------------------------
Subtotal Equipment 0 13,750 13,750
==========================================================================================================
SUMMARY: INDIRECT & GENERAL EXPENSE (Before Taxes, Insurances, etc from below)
Subtotal Field Staff Salaries 71,250 0 71,250
Subtotal Indirect Const Services 23,625 83,001 106,626
Subtotal Equipment 0 13,750 13,750
- ----------------------------------------------------------------------------------------------------------
Subtotal Indirect & General Expense 94,875 96,751 191,626
==========================================================================================================
01-70-00 INSURANCE, TAXES, FRINGES, PERMITS
Insurance-Builders Risk $ @ % 0.00065 0 0
------------ -------
Ins-vehicle PL & PD INCL W/G.L. W/G.L. W/G.L.
Ins-Perm Equip Install'n $ @ % 0 0
------------ -------
Ins-Perm Equip Install'n $ @ % 0 0
------------ -------
Ins-Other $ @ % 0 0
------------ -------
Ins-Umbrella $ ON SPREADSHEET 0.00200 0 0
Ins-General Liability $ ON SPREADSHEET 0.00380 0 0
01-72-00 P/R TAX. INS. (FICA, SUI, FUI, WC, GL), FRINGES
Indirect Labor Manual $ 23,625 51.00% 12.049 12,049
Indirect Labor-Non Manual $ 71,250 42.00% 29,925 29,925
Fringe Benefits-Parking $ @ % 0 0
------------ -------
38
PAGE 5 GENERAL CONDITIONS DATE: 16-Dec-97
Project: THE RESORT PRKG STRUCT
Location: LAS VEGAS, NEVADA Bids Due: MARCH 12, 1997 Reviewed:__
Architect: KRACOR - DESIGN/BUILD Owner: SEVEN CIRCLE RESORTS, INC. Checked:___
*******PARKING STRUCTURE*******
==========================================================================================================
Code Item Quantity Labor Material Time Labor Material Total
==========================================================================================================
Fringe Benefits-Meals $ @ % 0 0
01-73-00 TAXES, PERMITS & LICENSES
Sales Tax (Direct & Indirect $48,376 7.50% 3,628 3,628
State Business & Occup Tax $ @ % 0 0
City Business & Occup Tax $ @ % 500 500
Other Taxes 0 0
Building Permits 0 0
Other Permits 0 0
Licenses 350 350
01-74-00 BANKING & FINANCE COST 0
01-75-00 EMPLOYEE & EXPENSE 0
Relocating Expense 1 8,000 8,000 8,000
Temp Living Expense 0 0
Executive Travel 0 0
---------------------------
TOTAL Indirect & General Expense 136,849 109,229 246,078
Safety Bonus (>5MM=5K, 5-20MM=10K, 20-50MM=15K, >50MM=25K) 10,000
---------------------------
COST Including Indirect & General Expense 136,849 109,229 256,078
Preconstruction Costs 0
-------
COST Including Indirect & General Expense 256,078
=======
01-78-10 ESCALATION
Field Staff Wage Raises 0.00% 0
Material 0.00% 0
Overtime 0.00% 0
01-78-20 CONTINGENCY 0% 0
-------
TOTAL AMOUNT 256,078
=======
LATE CHARGES (Plus or Minus)
-------
ADJUSTED TOTAL AMOUNT 256,078
=======
39
EXHIBIT 3
40
Two control sets of construction and specification documents will be initialed
by the parties within 20 days of the date of this Agreement and shall be the
controlling sets for both parties.
41
EXHIBIT 4
42
Contractor acknowledges receipt of one set of FF & E specifications, dated
December 10th, 1997.
Two control sets of the interior FF & E specifications will be initialed by the
parties within 20 days of the date of this Agreement and shall be the
controlling sets for both parties.
43
[PS LOGO]
PAUL STEELMAN LTD.
ARCHITECTURE PLANNING
3330 W. DESERT INN RD. LAS VEGAS, NV 89102
(702) 873-0221 FAX (702) 367-3565
TRANSMITTAL
-----------
DATE: November 19, 1997 ----------------------------
Received By
TO: J.A. Jones Construction
1050 E. Flamingo Road, Ste. E217
Las Vegas, NV 89119
ATTN: Buck Bond
RE: T.M.I. Summerlin PRJ (S): 95255 FILE#: 01023
- --------------------------------------------------------------------------------
DESCRIPTION:
Reproducible Dwgs. Prints X Specifications Samples
- --- --- --- ---
Shop Drawings Clarification Sketches Correspondence
- --- --- ---
Use on Project Other Submittal
- --- ---
- --------------------------------------------------------------------------------
FOR:
(Stamped As:)
Bid Documents Agency Submittal Consultant Coordination
- --- --- ---
Field Clarification Design, Review & Approval Per Your Request
- --- --- ---
X Issued for Construction Permits/Agency Approval Approval
- --- --- ---
Review & Comment Resubmission Your Files
- --- --- ---
Other:
- ---
- --------------------------------------------------------------------------------
SENT VIA:
UPS (Overnight) UPS (Ground) Delivery Service First Class Mail
- --- --- --- ---
UPS (2nd Day Air) Federal Express X Hand Deliver
- --- --- ---
UPS (Saturday) Delta Dash Pick Up
- --- --- ---
- --------------------------------------------------------------------------------
REMARKS:
Mr. Bond:
Attached you will find four boxes containing the specifications from our office
for contractor supplied/contractor installed items. If you have any questions
concerning these finishes, please feel free to contact me directly.
- --------------------------------------------------------------------------------
Automatic CC Files: Stick Set
---
Record Drawer
---
x Job File/Louis DeSantis
---
SENT BY: Darla Real
cc: Ethan Nelson
Clay Markham
Sean Tanner
44
INTERIOR SPECIFICATIONS
FOR FF & E FINISHES
T.M.I. SUMMERLIN, LAS VEGAS
ISSUED FOR CONTRACT 12-10-97
VOL. 1 SERIES 0-99 BACK OF HOUSE
VOL. 2 SERIES 100 TYPICAL KING OR QUEEN ROOM (SCHEME 1)
SERIES 200 TYPICAL KING OR QUEEN ROOM (SCHEME 2)
SERIES 300 CORRIDOR
SERIES 400 TYPICAL KING OR QUEEN ROOM (SCHEME 3)
SERIES 500 TYPICAL KING OR QUEEN ROOM (SCHEME 4)
SERIES 600 OUTDOOR
VOL. 2A SERIES 700 EXECUTIVE OFFICES
VOL. 3 SERIES 1000 LOBBY, REGISTRATION AND CORRIDORS
SERIES 1100 BUSINESS CENTER & MEETING ROOMS
SERIES 1200 HOTEL RESTAURANT
VOL. 4 SERIES 1300 RESTROOMS
SERIES 1400 BALLROOM & CONFERENCE CENTER
SERIES 1600 RETAIL CORRIDOR
SERIES 1700 BUFFET
SERIES 1900 PUTTERS LOUNGE
VOL. 5 SERIES 2000 CASINO
SERIES 2100 CASINO BAR
SERIES 2200 SPORTS LOUNGE
VOL. 6 SERIES 2300 ENTERTAINMENT LOUNGE
SERIES 2400 HIGH LIMIT SLOTS
SERIES 2500 HIGH LIMIT TABLES
VOL. 7 SERIES 3000 HAIR SALON
SERIES 3100 RETAIL
SERIES 3200 EXERCISE ROOM & SPA
45
INTERIOR SPECIFICATIONS
FOR FF&E FINISHES
T.M.I. SUMMERLIN, LAS VEGAS
VOL. 8 SERIES 4100 BOARDROOM
SERIES 4200 SUITES C - HANDICAPPED
SERIES 4300 SUITES C1
SERIES 4400 SUITES D
VOL. 9 SERIES 4500 SUITES E
SERIES 4600 SUITES E1 - HOSPITALITY SUITE
SERIES 4700 SUITES F
VOL. 10 SERIES 4800 SUITES G (PRESIDENTIAL)
SERIES 4900 SUITES J
VOL. 11 SERIES 5000 HOTEL 2/CASINO LINK
SERIES 5100 HOTEL 2 LOBBY
46
EXHIBIT 5
47
TWO CONTROL SETS OF CONSTRUCTION AND SPECIFICATION DOCUMENTS WILL BE INITIALED
BY THE PARTIES WITHIN 20 DAYS OF THE DATE OF THIS AGREEMENT AND SHALL BE THE
CONTROLLING SETS FOR BOTH PARTIES.
48
EXHIBIT 6
49
[LOGO]
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
CONSTRUCTION MANAGER-ADVISER EDITION
AIA DOCUMENT A201/CMa - ELECTRONIC FORMAT
- ------------------------------------------------------------------------------
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY
IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF
THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
Copyright 1975, 1980, copyright 1992 by The American Institute of Architects,
1735 New York Avenue N.W., Washington, D.C. 20006-5292. Reproduction of the
material herein or substantial quotation of its provisions without written
permission of the AIA violates the copyright laws of the United States and will
be subject to legal prosecution.
- ------------------------------------------------------------------------------
TABLE OF ARTICLES
1. GENERAL PROVISIONS
2. OWNER
3. CONTRACTOR
4. ADMINISTRATION OF THE CONTRACT
5. SUBCONTRACTORS
6. CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
7. CHANGES IN THE WORK
8. TIME
9. PAYMENTS AND COMPLETION
10. PROTECTION OF PERSONS AND PROPERTY
11. INSURANCE AND BONDS
12. UNCOVERING AND CORRECTION OF WORK
13. MISCELLANEOUS PROVISIONS
14. TERMINATION OR SUSPENSION OF THE CONTRACT
- ------------------------------------------------------------------------------
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- PAGE #1
50
INDEX
ACCEPTANCE OF NONCONFORMING WORK 9.6.6, 9.9.3, 12.3
Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3
ACCESS TO WORK 3.16, 6.2.1, 12.1
Accident Prevention 4.6.6, 10
Acts and Omissions 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.6.6,
4.6.2, 4.7.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1
Addenda 1.1.1, 3.11
ADDITIONAL COSTS, CLAIMS FOR 4.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3
Additional Inspections and Testing 4.6.10, 9.8.2, 12.2.1, 13.5
ADDITIONAL TIME, CLAIMS FOR 4.7.6, 4.7.8, 4.7.9, 8.3.2, 10.3
ADMINISTRATION OF THE CONTRACT 3.3.3, 4, 9.4, 9.5
Advertisement or Invitation to Bid 1.1.1
Aesthetic Effect 4.6.20, 4.9.1
ALLOWANCES 3.8
All-risk Insurance 11.3.1.1
APPLICATIONS FOR PAYMENT 4.6.9, 7.3.7, 9.2, 9.3, 9.4, 9.5.1,
9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4
Approvals 2.4, 3.3.3, 3.5, 3.10.3, 3.12.4 through 3.12.8,
3.18.3, 4.6.12, 9.3.2, 11.3.1.4, 13.4.2, 13.5
ARBITRATION 4.5, 4.7.4, 4.9,
8.3.1, 10.1.2, 11.3.9, 11.3.10
ARCHITECT 4.1
Architect, and Certificate of Payment 4.6.9
Architect, Definition of 4.1.1
Architect, Extent of Authority 2.4.1, 3.12.6, 4.6.6, 4.7.2,
5.2, 6.3, 7.1.2, 7.2.1, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2,
9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4
Architect, Limitations of Authority and Responsibility 3.3.3,
3.12.8, 3.12.11, 4.6.5, 4.6.6, 4.6.10, 4.6.12,
4.6.17, 4.6.19, 4.6.20, 4.7.2, 5.2.1, 7.4, 9.6.4
Architect's Additional Services and Expenses 2.4, 9.8.2
11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4
Architect's Administration
of the Contract 4.6, 4.7.6, 4.7.7, 4.8, 9.4, 9.5
Architect's Approvals 2.4.1, 3.5.1, 3.10.3,
3.12.6, 3.12.8, 3.18.3, 4.6.12
Architect's Authority to Reject Work 3.5.1, 4.6.10, 12.1.2, 12.2.1
Architect's Copyright 1.3
Architect's Decisions 4.6.10, 4.6.12, 4.6.18, 4.6.19,
4.6.20, 4.7.2, 4.7.6, 4.8.1, 4.8.4, 4.9, 6.3, 8.1.3,
8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4
Architect's Inspections 4.6.5, 4.6.16, 4.7.6, 9.4.3,
9.8.2, 9.9.2, 9.10.1, 13.5
Architect's Instructions 4.6.10, 4.6.12, 7.4.1, 9.4.3, 12.1, 13.5.2
Architect's Interpretations 4.6.18, 4.6.19, 4.7.7
Architect's On-Site Observations 4.6.5, 4.6.9, 4.7.6,
9.4.3, 9.5.1, 9.10.1, 13.5
Architect's Project Representative 4.6.17
Architect's Relationship with Contractor 1.1.2, 3.2.1, 3.2.2, 3.3.3,
3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, 4.6.6, 4.6.7, 4.6.10,
4.6.12, 4.6.19, 5.2, 6.2.2, 7.3.4, 9.8.2, 10.1.2, 10.1.4, 10.1.5,
11.3.7, 12.1, 13.5
Architect's Relationship with Construction Manager 1.1.2, 2.4.1,
3.12.6, 3.12.8, 4.6.8, 4.6.10, 4.6.14, 4.6.16, 4.6.18, 6.3.1,
9.7.1, 9.8, 9.9.1, 9.9.2, 9.10.1, 9.10.2, 9.10.3, 12.2.4, 13.5.1,
13.5.2, 13.5.4, 14.2.4
Architect's Relationship with Subcontractors 1.1.2, 4.6.6, 4.6.7,
4.6.10, 5.3.1, 9.6.3, 9.6.4, 11.3.7
Architect's Representations 9.4.3, 9.5.1, 9.10.1
Architect's Site Visits 4.6.5, 4.6.9, 4.6.16, 4.7.6, 9.4.3,
9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5
Asbestos 10.1.2, 10.1.3, 10.1.4
Attorneys' Fees 3.18.1, 9.10.2, 10.1.4
Award of Separate Contracts 6.1.1
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR
PORTIONS OF THE WORK 5.2
BASIC DEFINITIONS 1.1
Bidding Requirements 1.1.1, 1.1.7, 5.2.1, 11.4.1
BOILER AND MACHINERY INSURANCE 11.3.2
Bonds, Lien 9.10.2
Bonds, Performance, and Payment 7.3.6.4, 9.10.3, 11.3.9, 11.4
Building Permit 2.2.3, 3.7.1
CAPITALIZATION 1.4
Certificate of Substantial Completion 9.8.2
CERTIFICATES FOR PAYMENT 4.6.8, 4.6.9, 9.3.3, 9.4, 9.5, 9.6.1,
9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4
Certificates of Inspection, Testing or Approval 3.12.11, 13.5.4
Certificates of Insurance 9.3.2, 9.10.2, 11.1.3
CHANGE ORDERS 1.1.1, 2.4.1, 3.8.2.4, 3.11.1, 4.6.13, 4.7.3,
5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2,
11.3.4, 11.3.9, 12.1.2
Change Orders, Definition of 7.2.1
Changes 7.1
CHANGES IN THE WORK 3.11, 4.6.13, 4.6.14, 7,
8.3.1, 9.3.1.1, 10.1.3
Claim, Definition of 4.7.1
CLAIMS AND DISPUTES 4.7, 4.8, 4.9, 6.2.5, 8.3.2,
9.3.1.2, 9.3.3, 9.10.4, 10.1.4
CLAIMS AND TIMELY ASSERTION OF CLAIMS 4.9.6
CLAIMS FOR ADDITIONAL COST 4.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3
CLAIMS FOR ADDITIONAL TIME 4.6.9, 4.7.6, 4.7.8, 4.7.9, 8.3.2
CLAIMS FOR CONCEALED OR UNKNOWN CONDITIONS 4.7.6
Claims for Damages 3.18, 4.7.9, 6.1.1, 6.2.5,
8.3.2, 9.5.1.2, 10.1.4
Claims Subject to Arbitration 4.7.2, 4.8.4, 4.6.1
CLEANING UP 3.15, 6.3
COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7
Commencement of the Work, Conditions Relating to 2.12, 2.2.1,
- ------------------------------------------------------------------------------
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- PAGE #2
51
3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.7.7, 5.2.1,
6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1
Commencent of the Work, Definition of 8.1.2
Communications, Owner to Architect 2.2.6
Communications, Owner to Construction Manager 2.2.6
Communications Facilitating Contract
Administration 3.9.1 4.6.7, 5.2.1
Completion, Conditions Relating to 3.11, 3.15, 4.6.5
4.6.16, 4.7.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1
COMPLETION, PAYMENTS AND 9
COMPLETION, SUBSTANTIAL 4.6.16, 4.7.5.2, 8.1.1,
8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.2, 13.7
Compliance with Laws 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2,
11.1, 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1,3
Concealed or Unknown Conditions 4.7.6
Conditions of the Contract 1.1.1, 1.1.7, 6.1.1
Consent, Written 1.3.1, 3.12.8, 3.14.2, 4.7.4,
4.9.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,
10.12, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2
CONSTRUCTION BY OWNER OR BY OTHER
CONTRACTORS 1.1.4, 6
Construction Change Directive, Definition of 7.3.1
CONSTRUCTION CHANGE DIRECTIVES 1.1.1, 4.6.13, 7.1, 7.3, 9.3.1.1
CONSTRUCTION MANAGER 4.2
Construction Manager, and Building Permits 2.2.3
Construction Manager, Claims against 4.7.2
Construction Manager, Communications through 4.6.7
Construction Manager, and Construction Schedule 3.10.1, 3.10.2
Construction Manager, Definition of 4.2.1
Construction Manager, and Documents and Samples at the Site 3.11.1
Construction Manager, Extent of Authority 3.12.6, 3.12.8, 4.3,
4.6.3, 4.6.11, 7.1.2, 7.2.1, 7.3.1, 8.3.1, 9.2.1, 9.3.1, 9.4.1,
9.4.3, 9.8.2, 9.8.3, 9.9.1, 12.1, 12.2.1, 12.2.4, 14.2.2, 14.2.4
Construction Manager, Limitations of Authority
and Responsibility 4.6.6, 4.6.10, 13.4.2
Construction Manager, and Submittals 3.10.3
Construction Manger's Additional Services
and Expenses 12.2.1, 12.2.4
Construction Manager's Administration of the Contract 4.6, 9.4, 9.5
Construction Manager's Approval 2.4.1, 3.10.3
Construction Manager's Authority to Reject Work 4.6.10, 12.2.1
Construction Manager's Decisions 7.3.6, 7.3.7, 7.3.8,
9.3.1, 9.4.1, 9.5.1
Construction Manager's Inspections 4.6.10, 9.4.3, 9.8.2, 9.9.2, 12.1.1
Construction Manager's On-Site Observations 9.5.1
Construction Manager's Relationship with Architect 1.1.2
,4.6.8, 4.6.10, 4.6.11, 4.6.14, 4.6.16, 4.6.18, 6.3.1,
9.2.1, 9.4.2, 9.4.3, 9.6.1, 9.6.3, 9.8.2, 9.8.3, 9.9.1, 9.10.1,
9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4
Construction Manager's Relationship with Contractor 3.2.1, 3.2.2
3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.2, 3.10.3, 3.11.1, 3.12.5,
3.12.6, 3.12.8, 3.12.9, 3.12.10, 3.12.11, 3.13.2, 3.14.2, 3.15.2,
3.16.1, 3.17.1, 3.18.1, 3.18.3, 4.6.3, 4.6.4, 4.6.6, 4.6.11, 5.2, 6.2.1,
6.2.2, 7.1.2, 7.2.1, 7.3.4, 7.3.6, 7.3.9, 8.3.1, 9.2.1, 9.3.1, 9.4.1,
9.4.2, 9.4.3, 9.7.1, 9.8.2, 9.9.1, 9.1.1, 9.10.2, 9.10.3, 10.1.1,
10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4
Construction Manager's Relationship with Owner 2.2.3, 4.6.1,
4.6.2, 10.1.6
Construction Manager's Relationship with Other
Contractors and Owner's
4.6.3
Construction Manager's Relationship with
Subcontractors 4.6.10, 5.3.1, 9.6.3, 9.6.4
Construction Manager's Representations 9.4.3, 9.5.1
Construction Manager's Site Visits 9.4.4, 9.5.1
Construction Schedules, Contractor's 3.10, 4.6.3, 4.6.4
CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4
CONTINUING CONTRACT PERFORMANCE 4.7.4
Contract, Definition of 1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE 4.7.7, 5.4.1.1, 14
Contract Administration 3.3.3, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating to 3.7.1, 3.10,
5.2, 9.2, 11.1.3, 11.3.6, 11.4.1
CONTRACT DOCUMENTS, THE 1.1, 1.2, 7
Contract Documents, Copies Furnished and Use of 1.3, 2.2.5, 5.3
Contract Documents, Definition of 1.1.1
Contract Performance During Arbitration 4.7.4, 4.9.3
Contract Sum 3.8, 4.7.6, 4.7.7, 4.8.4,
5.2.3, 7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4
Contact Sum, Definition of 9.1.1
Contract Time 4.7.6, 4.7.8.1, 4.8.4,
7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7, 12.1.1
Contract Time, Definition of 8.1.1
CONTRACTOR 3
Contractor, Definition of 3.1.1, 6.1.2
Contractor's Bid 1.1.1
CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10
Contractor's Employees 3.3.2, 3.4.2, 3.8.1,
3.9, 3.18, 4.6.6, 4.6.10, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1
CONTRACTOR'S LIABILITY INSURANCE 11.1, 11.3.1.5
Contractor's Relationship with Separate Contractors
and Owner's Forces 3.12.5, 3.14.2, 4.6.3, 4.6.7, 12.2.5
Contractor's Relationship with Subcontractors 1.2.4, 3.3.2, 3.18.1
3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2,
Contractor's Relationship with the Architect 1.1.2, 3.2.1, 3.2.2,
3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.3, 3.11.1, 3.12.6, 3.12.8,
3.12.9, 3.16.1, 3.18, 4.6.6, 4.6.7, 4.6.10, 4.6.12, 4.6.19, 5.2,
6.2.2, 7.3.4, 9.2, 9.3.1, 9.8.2, 9.10.3, 10.1.2, 10.1.5,
10.2.6, 11.3.7, 12.1, 13.5
Contractor's Relationship with the Contruction Manager 1.1.2,
3.2.1, 3.2.2, 3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.7.4, 3.10.1, 3.10.2,
- ------------------------------------------------------------------------------
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C)1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws
and is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A201/CMa-1992
User Document: FORM - 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 - Page #3
52
3.10.3, 3.11.1, 3.12.5, 3.12.6, 3.12.8, 3.12.9, 3.12.11,
3.13.2, 3.14.2, 3.15.2, 3.16.1, 3.17.1, 3.18.1, 3.18.3, 4.6.3,
4.6.4, 4.6.6, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2.1, 7.3.4, 7.3.6, 7.3.9,
8.3.1, 9.2.1, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.7.1, 9.8.2, 9.9.1,
9.10.1, 9.10.2, 9.10.3, 10.1.1, 10.1.2, 10.1.5, 10.2.6,
11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4
Contractor's Representations 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3
Contractor's Responsibility for Those Performing 3.3.2, 3.18, 4.6.6, 10
Contractor's Review of Contract Documents 1.2.2, 3.2, 3.7.3
Contractor's Right to Stop the Work 9.7
Contractor's Right to Terminate the Contract 14.1
Contractor's Submittals 3.10, 3.11, 3.12, 4.6.12, 5.2.1, 5.2.3,
7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.4.2
Contractor's Superintendent 3.9, 10.2.6
Contractor's Supervision and Construction Procedures 1.2.4, 3.3,
3.4, 4.6.6, 8.2.2, 8.2.3, 10
Contractual Liability Insurance 11.1.1.7, 11.2.1, 11.3.1.5
Coordination and Correlation 1.2.2, 1.2.4, 3.3.1, 3.10, 3.12.7, 6.2.1
Copies Furnished of Drawings and Specifications 1.3, 2.2.5, 3.11
Correction of Work 2.3, 2.4, 3.2.1, 4.6.1, 9.8.2, 9.9.1,
12.1.2, 12.2, 13.7.1.3
Cost, Definition of 7.3.6
Costs 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2., 4.7.6, 4.7.7, 4.7.8.1, 5.2.3,
6.1.1, 6.2.3, 6.3.1, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9.10.2,
11.3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1,
12.2.4, 12.2.5, 13.5, 14
CUTTING AND PATCHING 3.14, 6.2.6
Damage to Construction of Owner or Separate
Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2,
10.2.5, 10.3, 11.1, 11.3, 12.2.5
Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3
Damages, Claims for 3.18, 4.6.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4
Damages for Delay 6.1.1., 8.3.3, 9.5.1.6, 9.7
Date of Commencement of the Work, Definition of 8.1.2
Date of Substantial Completion, Definition of 8.1.3
Day, Definition of 8.1.4
Decisions of the Architect 4.6, 4.7, 6.3, 8.1.3, 8.3.1,
9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4
Decisions of the Construction Manager 4.3, 7.3.6, 7.3.7, 7.3.8,
9.3.1, 9.4.1, 9.4.3, 9.5.1
DECISIONS TO WITHHOLD CERTIFICATION 9.5, 9.7, 14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of 2.3, 2.4, 3.5.1, 4.6.1,
4.6.10, 4.7.5, 9.5, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3
Defective Work, Definition of 3.5.1
Definitions 1.1, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3,
4.1.1, 4.2.1, 4.7.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1
DELAYS AND EXTENSIONS OF TIME 4.7.1, 4.7.8.1, 4.7.8.2,
6.1.1, 6.2.3, 7.2.1, 7.3.1.3, 7.3.4,
7.3.5, 7.3.8, 7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4
Disputes 4.7, 4.8, 4.9, 6.2.5, 6.3, 7.3.8, 9.3.1.2
Documents and Samples at the Site 3.11
Drawings, Definition of 1.1.5
Drawings and Specifications, Use and Ownership of 1.1.1, 1.3, 2.2.5, 3.11, 5.3
Duty to Review Contract Documents and Field Conditions 3.2
Effective Date of Insurance 8.2.2, 11.1.2
EMERGENCIES Work 4.7.7, 10.3
Employees, Contractor's 3.3.2, 3.4.2, 3.8.1, 3.9,
3.18.1, 3.18.2, 4.6.6, 4.6.10, 8.1.2, 10.2, 10.3, 11.1.1,
14.2.1.1
Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.1,
3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.6.12, 6.2.1,
7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14.1.2, 14.2.1, 14.2.2
Execution and Progress of the Work 1.2.3, 3.4.1,
3.5.1, 4.6.5, 4.6.6, 4.7.4, 4.7.8, 6.2.2,
7.1.3, 8.2, 8.3, 9.5, 9.9.1, 10.2.3
EXECUTION, CORRELATION AND INTENT of the
Contract Documents 1.2, 3.7.1
Extensions of Time 4.7.1, 4.7.8, 7.2.1.3, 8.3, 10.3.1
Failure of Payment by Contractor 9.5.1.3, 14.2.1.2
Failure of Payment by Owner 4.7.7, 9.7, 14.1.3
Faulty Work (See Defective or Nonconforming Work)
FINAL COMPLETION AND FINAL PAYMENT 4.6.1, 4.6.16,
4.7.2, 4.7.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7
Financial Arrangements, Owner's 2.2.1
Fire and Extended Coverage Insurance 11.3.1.1, 11.3.5, 11.3.7
GENERAL PROVISIONS 1
GOVERNING LAW 13.1
Guarantees (See Warranty and Warranties)
Hazardous Materials 10.1, 10.2.4
Identification of Contract Documents 1.2.1
Identification of Subcontractors and Suppliers 5.2.1
INDEMNIFICATION 3.17, 3.18, 9.10.2, 10.1.4, 11.3.1.2, 11.3.7
INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.1.2,
2.2, 4.7.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2,
9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2
INJURY OR DAMAGE TO PERSON OR PROPERTY 4.7.9
Inspections 3.3.3, 3.3.4, 3.7.1, 4.6.5, 4.6.6, 4.6.16,
4.7.6, 9.4.3, 9.8.2, 9.9.2, 9.10.1, 12.1.1, 13.5
Instructions to Bidders 1.1.1
Instructions to the Contractor 3.8.1, 4.6.13, 5.2.1, 7, 12.1, 13.5.2
Insurance 4.7.9, 6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11
INSURANCE, BOILER AND MACHINERY 11.3.2
INSURANCE, CONTRACTOR'S LIABILITY 11.1, 11.3.1.13
Insurance, Effective Date of 8.2.2, 11.1.2
INSURANCE, LOSS OF USE 11.3.3
INSURANCE, OWNER'S LIABILITY 11.2, 11.3.1.3
INSURANCE, PROPERTY 10.2.5, 11.3
Insurance, Stored Materials 9.3.2, 11.3.1.4
- ------------------------------------------------------------------------------
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- PAGE #4
53
INSURANCE AND BONDS 11
Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.3.11
Insurance Companies, Settlement with 11.3.10
Intent of the Contract Documents
1.2.3, 3.12.4, 4.6.10, 4.6.12, 4.6.19, 4.6.20, 7.4
INTEREST 13.6
INTERPRETATION 1.2.5, 1.4, 1.5, 4.1.1, 4.7.1, 5.1, 6.1.2, 8.1.4
Interpretations, Written 4.6.18, 4.6.19, 4.7.7
Joinder and Consolidation of Claims Required 4.9.5
JUDGMENT ON FINAL AWARD 4.9.1, 4.9.4.1, 4.9.7
LABOR AND MATERIALS, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1,
3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.6.12,
6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14.1.2, 14..2.1, 14.2.2
Labor Disputes 8.3.1
Laws and Regulations 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.5, 4.9.7,
9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4.1, 13.5.1, 13.5.2, 13.6
Liens 2.1.2, 4.7.2, 4.7.5.1, 8.2.2, 9.3.3, 9.10.2
LIMITATIONS ON CONSOLIDATION OR JOINDER 4.9.5
Limitations, Statutes of 4.9.4.2, 12.2.6, 13.7
Limitations of Authority 3.3.1, 4.6.12, 4.6.17,
5.2.2, 5.2.4, 7.4, 11.3.10
Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8,
3.12.11, 3.17, 3.18, 4.6.10, 4.6.12, 4.6.19, 6.2.2, 9.4.4, 9.6.4,
9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2
Limitations of Time, General 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2,
3.10, 3.12.5, 3.15.1, 4.6.1, 4.6.12, 4.6.18, 4.7.2, 4.7.3, 4.7.4,
4.7.6, 4.7.9, 4.6.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.2,
9.5, 9.6.2, 9.8, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5,
11.3.6, 12.2.1, 12.2.2, 13.5, 13.7, 14.3
Limitations of Time, Specific 2.1.2, 2.2.1, 2.4, 3.10, 3.11,
3.15.1, 4.6.1, 4.6.18, 4.8, 4.9, 5.3, 5.4, 7.3.5, 7.3.9, 8.2,
9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6,
11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14.1, 14.2.2
LOSS OF USE INSURANCE 11.3.3.
Material Suppliers 1.3.1, 3.12.1, 4.6.7, 4.6.10,
5.2.1, 9.3.1, 9.3.1.2, 9.3.3, 9.4, 9.6.5, 9.10.4
Materials, Hazardous 10.1, 10.2.4
Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5.1,
3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.6.12,
6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14.1.2, 14.2.1, 14.2.2
Means, Methods, Techniques, Sequences and
Procedures of Construction 3.3.1, 4.6.6, 4.6.12, 9.4.3
MINOR CHANGES IN THE WORK 1.1.1, 4.6.13, 4.7.7, 7.1, 7.4
MISCELLANEOUS PROVISIONS 13
Modifications, Definition of 1.1.1
Modifications to the Contract 1.1.1, 1.1.2, 3.7.3,
3.11, 4.1.2, 4.6.1, 5.2.3, 7, 8.3.1, 9.7
MUTUAL RESPONSIBILITY 6.2
NONCONFORMING WORK, ACCEPTANCE OF 12.3
Nonconforming Work, Rejection and Correction of 2.3.1,
4.7.5.2, 9.5.2, 9.8.2, 12, 13.7.1.3
Notice 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8,
3.12.9, 3.17, 4.7, 4.8.4, 4.9, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1,
9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2,
12.2.4, 13.3, 13.5.2, 14,
NOTICE, WRITTEN 2.3, 2.4, 3.9, 3.12.8, 3.12.9.4.7, 4.8.4, 4.9,
5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2,
10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14
Notice of Testing and Inspections 13.5.1, 13.5.2
Notice of Proceed 8.2.2
NOTICES, PERMITS, FEES AND 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2
Observations, Architect's On-Site 4.6.5, 4.6.9, 4.6.10, 4.7.6,
9.4.4, 9.5.1, 9.10.1, 12.1.1, 13.5
Observations, Construction Manager's On-Site 9.4.4, 12.1.1
Observations, Contractor's 1.2.2, 3.2.2
Occupancy 9.6.6, 9.8.1, 9.9, 11.3.11
On-Site Inspections by the Architect 4.6.5, 4.6.16, 4.7.6,
9.4.4, 9.8.2, 9.9.2, 9.10.1
On-Site Observations by the Architect 4.6.5, 4.6.9, 4.7.6,
9.4.4, 9.5.1, 9.10.1, 13.5
On-Site Observations by the construction Manager 9.4.4, 9.5.1
Orders, Written 2.3, 3.9, 4.7.7, 7, 8.2.2, 11.3.9, 12.1,
12.2, 13.5.2, 14.3.1
OWNER 2
Owner, Definition of 2.1
OWNER, INFORMATION AND SERVICES
REQUIRED OF THE 2.1.2, 2.2, 4.6.2, 4.6.4, 6, 9,
10.1.4, 10.1.6, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3
Owner's Authority 3.8.1, 5.2.1, 5.2.4, 5.4.1,
7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1
Owner's Financial Capability 2.2.1, 14.1.1.5
OWNER'S LIABILITY INSURANCE 11.2
Owner's Loss of Use Insurance 11.3.3
Owner's Relationship with
Subcontractors 1.1.2, 5.2.1, 5.4.1, 9.6.4
OWNER'S RIGHT TO CARRY OUT THE WORK 2.4, 12.2.4, 14.2.2.2
OWNER'S RIGHT TO CLEAN UP 6.3
OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO
AWARD SEPARATE CONTRACTS 6.1
OWNER'S RIGHT TO STOP THE WORK 2.3, 4.7.7
Owner's Right to Suspend the Work 14.3
Owner's Right to Terminate the Contract 14.2
OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS 1.1.1, 1.3,
2.2.5, 5.3
PARTIAL OCCUPANCY OR USE 9.6.6, 9.9, 11.3.11
PATCHING, CUTTING AND 3.14, 6.2.6
PATENTS, ROYALTIES AND 3.17
PAYMENT, APPLICATIONS FOR 4.6.9, 9.2, 9.3, 9.4, 9.5.1, 9.8.3,
9.10.1, 9.10.3, 9.10.4, 14.2.4
PAYMENT, CERTIFICATES FOR 4.6.9, 4.6.16, 9.3.3, 9.4, 9.5,
9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4
PAYMENT,
FAILURE OF 4.7.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2
PAYMENT, FINAL 4.6.1, 4.6.16, 4.7.2, 4.7.5, 9.10, 11.1.2
- ------------------------------------------------------------------------------
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws
and is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #5
54
11.13, 11.35, 12.3.1
PAYMENT BOND, PERFORMANCE
BOND AND 7.3.6.4, 9.10.3, 11.3.9, 11.4
PAYMENTS, PROGRESS 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3
PAYMENTS AND COMPLETION 9, 14
Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2,
9.6.3, 9.6.4, 11.3.8, 14.2.1.2
PCB 10.1.2, 10.1.3, 10.1.4
Performance Bond and Payment Bond 7.3.6.4, 9.10.3, 11.3.9, 11.4
PERMITS, FEES AND NOTICES 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF 10
Polychlorinated Biphenyl 10.1.2, 10.1.3, 10.1.4
Product Data, Definition of 3.12.2
PRODUCT DATA AND SAMPLES, SHOP DRAWINGS 3.11, 3.12, 4.2.7
PROGRESS AND COMPLETION 4.6.5, 4.7.4, 8.2
PROGRESS PAYMENTS 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3
PROJECT, Definition of the 1.1.4
PROJECT MANUAL, Definition of the 1.1.7
Project Manuals 2.2.5
Project Representatives 4.6.17
PROPERTY INSURANCE 10.2.5, 11.3
PROTECTION OF PERSONS AND PROPERTY 10
Regulations and Laws 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.7
10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14
Rejection of Work 3.5.1, 4.6.10, 12.2.
Representations 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3,
9.4.3, 9.5.1, 9.8.2, 9.10.1
Representatives 2.1.1, 3.1.1, 3.9, 4.1.1,
4.6.1, 4.6.17, 5.1.1, 5.1.2, 13.2.1
RESOLUTION OF CLAIMS AND DISPUTES 4.8, 4.9
Responsibility for Those Performing the Work 3.3.2, 4.6.6, 6.2., 10
Retainage 9.3.1, 9.6.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3
REVIEW OF CONTRACT DOCUMENTS AND FIELD
CONDITIONS BY CONTRACTOR 1.2.2, 3.2, 3.7.3, 3.12.7
Review of Contractor's Submittals by
Owner, Construction Manager and Architect 3.10.1, 3.10.3,
3.11, 3.12, 4.6.12, 4.6.16, 5.2.1, 5.2.3, 9.2, 9.8.2
Review of Shop Drawings, Product Data
and Samples by Contractor 3.12.5
RIGHTS AND REMEDIES 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.6.10,
4.7.6, 4.9, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5,
10.3, 12.2.2, 12.2.4, 13.4, 14
ROYALTIES AND PATENTS 3.17
RULES AND NOTICES FOR ARBITRATION 4.9.2
SAFETY OF PERSONS AND PROPERTY 10.2
SAFETY PRECAUTIONS AND PROGRAMS 4.6.6, 4.6.12, 10.1
Samples, Definition of 3.12.3
SAMPLES, SHOP DRAWINGS, PRODUCT
DATA AND 3.11, 3.12, 4.6.12
SAMPLES AT THE SITE, DOCUMENTS AND 3.11
SCHEDULE OF VALUES 9.2, 9.3.1
Schedules, Construction 3.10
Separate Contracts and Contractors 1.1.4
Shop Drawings, Definition of 3.12.1
SHOP DRAWINGS, PRODUCT DATA
AND SAMPLINGS 3.11, 3.12, 4.6.11, 4.6.12, 4.6.15
SITE, USE OF 3.13, 6.1.1, 6.2.1
Site Inspections 1.2.2, 3.3.4, 4.6.5, 4.6.16, 4.7.6, 9.8.2, 9.10.1, 13.5
Site Visits, Architect's 4.6.5, 4.6.9, 4.7.6,
9.4, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5
Special Inspections and Testing 4.6.10, 12.2.1, 13.5
SPECIFICATIONS, definition of the 1.1.6
SPECIFICATIONS, THE 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3.11
Statute of Limitations 4.9.4.2, 12.2.6, 13.7
Stopping the Work 2.3, 4.7.7, 9.7, 10.1.2, 10.3, 14.1
Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4
Subcontractor, Definition of 5.1.1
SUBCONTRACTORS 5
Subcontractors, Work by 1.2.4, 3.3.2, 3.12.1, 4.6.6, 4.6.10, 5.3, 5.4
SUBCONTRACTUAL RELATIONS 5.3, 5.4, 9.3.1.2, 9.6.2,
9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.1.3
Submittals 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.6.12, 5.2.1,
5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 11.1.3
SUBROGATION, WAIVERS OF 6.1.1,11.3.5, 11.3.7
SUBSTANTIAL COMPLETION 4.6.16, 8.1.1, 8.1.3,
8.2.3, 9.9.1, 12.2.1, 12.2.2, 13.7
Substantial Completion, Definition of 9.8.1
Substitution of Subcontractors 5.2.3, 5.2.4
Substitution of Architect 4.4
Substitution of Construction Manager 4.4
Substitutions of Materials 3.5.1
Sub-contractor, Definition of 5.1.2
Subsurface Conditions 4.7.6
SUCCESSORS AND ASSIGNS 13.2
SUPERINTENDENT 3.9, 10.2.6
SUPERVISION AND CONSTRUCTION PROCEDURES 1.2.4, 3.3,
3.4, 4.6.6, 4.7.4, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14
Surety 4.8.1, 4.8.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2
Surety, Consent of 9.10.2, 9.10.3
Surveys 2.2.2, 3.18.3
SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3
Suspension of the Work 4.7.7, 5.4.2, 14.1.1.4, 14.3
Suspension or Termination of the Contract 4.7.7, 5.4.1.1, 14
TAXES 3.6, 7.3.6.4
TERMINATION BY THE CONTRACTOR 14.1
TERMINATION BY THE OWNER FOR CAUSE 5.4.1.1, 14.2
Termination of the Architect 4.4
Termination of the Construction Manager 4.4
Termination of the Contractor 14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT 14
TESTS AND INSPECTIONS 3.3.3, 4.6.10, 4.6.16, 9.4.3, 12.2.1, 13.5
TIME 8
TIME, DELAYS AND EXTENSIONS OF 4.7.8, 7.2.1, 8.3
- --------------------------------------------------------------------------------
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C)1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws
and is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A201/CMa-1992
User Document: FORM - 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 - Page #6
55
Time Limits, Specific 2.1.2, 2.2.1, 2.4, 3.10,
4.6.18, 4.7, 4.8.1, 4.8.3, 4.8.4, 4.9.1, 4.9.4.1, 5.3, 5.4, 7.3.5,
7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2,
11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14
TIME LIMITS ON CLAIMS 4.7.2, 4.7.3, 4.7.6, 4.7.9, 4.8, 4.9
Title to Work 9.3.2, 9.3.3
UNCOVERING AND CORRECTION OF WORK 12
UNCOVERING OF WORK 12.1
Unforeseen Conditions 4.7.6, 8.3.1, 10.1
Unit Prices 7.1.4, 7.3.3.2
Use of Documents 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3
USE OF SITE 3.13, 6.1.1, 6.2.1
VALUES, SCHEDULE OF 9.2, 9.3.1
WAIVER OF CLAIMS: FINAL PAYMENT 4.7.5, 4.9.1, 9.10.3
Waiver of Claims by Architect 13.4.2
Waiver of Claims by Contractor 9.10.4, 11.3.7, 13.4.2
Waiver of Claims by the Owner 4.7.5, 4.9.1, 9.9.3,
9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2
Waiver of Liens 9.10.2
WAIVERS OF SUBROGATION 6.1.1, 11.3.5, 11.3.7
WARRANTY and Warranties 3.5, 4.6.16, 4.7.5
9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.3
Weather Delays 4.7.8.2
WHEN ARBITRATION MAY BE DEMANDED 4.9.4
Work, Definition of 1.1.3
Written Consent 1.3.1, 3.12.8, 3.14.2, 4.7.4,
4.9.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3
11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2
Written Interpretations 4.6.18, 4.6.19, 4.7.7
WRITTEN NOTICE 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.7.1, 4.7.6, 4.7.9,
4.8.4, 4.9.4.1, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7,
9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4,
13.3, 13.5.2, 14
Written Orders 2.3, 3.9, 4.7.7,
8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R)(C) 1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, Which Expires on
6/30/1998 -- Page #7
56
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between Owner and Contractor
(hereinafter the Agreement), these General Conditions of the Contract for
Construction and the Supplementary Conditions attached hereto, Drawings and
Specifications, listed in Article 16 of the Agreement, Garage Construction
Documents, and other documents listed in the Agreement and Modifications issued
after execution of the Contract. A Modification is (1) a written amendment to
the Contract signed by both parties, (2) a Change Order, or (3) a Construction
Change Directive. Unless specifically enumerated in the Agreement, the Contract
Documents do not include other documents such as bidding requirements
(advertisement or invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding requirements). A
written Amendment to the Contract to be binding on Owner must be signed on
behalf of Owner by the President of Owner's General Partner.
1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract
represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or
oral. The Contract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contractual relationship
of any kind (1) between the Architect and Contractor, (2) between the
Construction Manger and Contractor, (3) between the Architect and Construction
Manager, (4) between the Owner and a Subcontractor or Sub-subcontractor or (5)
between any persons or entities other than the Owner and Contractor. The
Construction Manager and Architect shall, however, be entitled to performance
and enforcement of obligations under the contract intended to facilitate
performance of their duties.
1.1.3 THE WORK
The term "Work" means the construction, services, furniture, furnishings and
equipment required by the Contract Documents, whether completed or partially
completed, and includes fabrication, transportation, installation and all other
labor, materials, equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work may constitute the
whole or a part of the Project.
1.1.4 THE PROJECT
The Project is the total construction of which the Work performed under the
Contract Documents may be the whole or a part and which may include construction
by other Contractors and by the Owner's own forces including persons or entities
under separate contracts not administered by the Construction Manager.
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Contract Documents,
other than the Garage Construction Documents, wherever located and whenever
issued, showing the design, location and dimensions of the Work, generally
including plans, elevations, sections, details, schedules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents, other than the
Garage Construction Documents, consisting of the written requirements for
materials, equipment, construction systems, standards and workmanship for the
Work, and performance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is the volume usually assembled for the Work, other than
that portion of the Work relating to the Garage, which may include the bidding
requirements, sample forms, Conditions of the Contract and Specifications.
INSERT A: 1.1.8 GARAGE
Insert B: The term "Garage" means the parking garage to be constructed pursuant
to the Garage Construction Documents.
INSERT C: 1.1.9 GARAGE CONSTRUCTION DOCUMENTS
Insert D: The term "Garage Construction Documents"
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA - [C]1992 THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 WARNING:
Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with permission of the
AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
User Document: FORM--12/20/1997. AIA License Number 105525, which expires
on 6/30/1998--Page #8
57
means the documents identified as such in Paragraph 16.1.7 of the Agreement.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documents shall be signed by the Owner and Contractor as
provided in the Agreement. If either the Owner or Contractor or both do not
sign all the Contract Documents, the Architect shall identify such unsigned
Documents upon request.
1.2.2 The Contractor acknowledges and represents that it has taken the steps
reasonably necessary to ascertain the nature and location of the Work, and that
it has investigated and satisfied itself as to the general and local conditions
which can affect the Work or its costs, including, but not limited to (1)
conditions bearing upon transportation, disposal, handling, and storage of
materials; (2) the availability and cost of labor, materials, water, electric
power, and roads; (3) the character and cost of equipment and facilities needed
preliminary to and during Work performance. The Contractor also acknowledges it
has satisfied itself as to the character, quality, and quantity of surface and
subsurface materials or obstacles to be encountered insofar as this information
is ascertainable from any reasonable visual inspection of the site. Any failure
of the Contractor to take the actions described and acknowledged in this
paragraph will not relieve the Contractor from responsibility for estimating
properly the difficulty and cost of successfully performing the Work, or for
proceeding to successfully perform the Work without additional cost or time to
the Owner.
1.2.3 The intent of the Contract Documents is to include all items necessary
for the proper execution and completion of the Work by the Contractor. The
Contract Documents are complementary, and what is required by one shall be as
binding as if required by all; performance by the Contractor shall be required
only to the extent consistent with the Contract Documents and reasonably
inferable from them as being necessary to produce the intended results. In the
event of conflicts or discrepancies among the Contract Documents,
interpretations will be based on the following priorities: (1) The Agreement
and the Exhibits thereto; (2) These General Conditions of the Contract for
Construction along with the Supplementary Conditions attached hereto; and (3)
Drawings and Specifications and Addenda thereto or, in the case of the Garage,
the Garage Construction Documents. In the case of an inconsistency between
Drawings and Specifications or within either of those Documents not clarified
by addendum, the better quality or greater quantity of Work shall be provided
in accordance with the Architect's interpretation without any increase in the
Contract Sum.
1.2.4 Organization of the Specifications into divisions, sections and articles,
and arrangement of Drawings shall not control the Contractor in dividing the
Work among Subcontractors or in establishing the extent of Work to be performed
by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have
well-known technical or construction industry meanings are used in the Contract
Documents in accordance with such recognized meanings.
1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 The Drawings, Specifications and other documents prepared by the
Architect are instruments of the Architect's service through which the Work to
be executed by the Contractor is described. The Contractor may retain one
contract record set. Neither the Contractor nor any Subcontractor,
Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the
Architect, and unless otherwise indicated the Architect shall be deemed the
author of them and will retain all common law, statutory and other reserved
rights, in addition to the copyright. All copies of them, except the
Contractor's record set, shall be returned or suitably accounted for to the
Architect, on request, upon completion of the Work. The Drawings,
Specifications and other documents prepared by the Architect, and copies
thereof furnished to the Contractor, are for use solely with respect to this
Project. They are not to be used by the Contractor or any Subcontractor,
Sub-subcontractor or material or equipment supplier on other projects or for
additions to this Project outside the scope of the Work without the specific
written consent of the Owner and Architect. The Contractor, Subcontractors,
Sub-subcontractors and material or equipment suppliers are granted a limited
license to use and reproduce applicable portions of the Drawings,
Specifications and other documents prepared by the Architect appropriate to and
for use in the execution of their Work under the Contract Documents. All
copies made under this license shall bear the statutory copyright notice, if
any, shown on the Drawings, Specifications and other documents prepared by the
Architect. Submittal or distribution to meet official regulatory requirements
or for other purposes in connection with this Project is not to be construed as
publication in derogation of the Architect's copyright or other reserved rights.
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER - ADVISER EDITION (R) - (C) AIA-1992 THE AMERICAN
INSTITUTE OF ARCHETCTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292
Y WARNING: Unlisenced photocopying vioilates U.S. copyright laws and is subject
to legeal prosecution. This document was electronically produced with permission
of the AIA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Format A201/CMa-1992
User Document FORM--12/20/1997. AIA License Number 105525, which expires on
6/30/1998--Page #9
58
INSERT E: 1.3.2 The Preliminary Design Documents for the Garage and the Garage
Construction Documents are instruments of service. The Garage Architect and
other providers of professional services shall retain all common law statutory
and other reserved rights, including copyright in those instruments of service
furnished by them. The Preliminary Design Documents for the Garage and the
Garage Construction Documents are furnished for use solely with respect to this
Project. The Owner shall be permitted to retain copies, including reproducible
copies of the Preliminary Design Documents for the Garage and the Garage
Construction Documents for information and reference in connection with the
Project except as provided in this Subparagraph 1.3.2. Notwithstanding, anything
to the contrary in the Contract. Owner shall have the right to utilize the
Preliminary Design Documents for the Garage and the Garage Construction
Documents without paying any compensation in the event Owner expands the
Project, corrects any deficiencies, or makes any renovation or repairs to the
Project. The Preliminary Design Documents for the Garage and the Garage
Construction Documents shall not be used by the Owner or others on other
projects, except by agreement in writing and with appropriate compensation to
the Contractor, unless the Contractor is in default under the Contract or under
any other subsequently executed agreement. If the Contractor defaults in the
Contractor's obligations to the Owner, the Owner shall have the right to use the
Preliminary Design Documents for the Garage and the Garage Construction
Documents furnished by the Architect to the Contractor for the completion of the
Project. Submission or distribution of the Preliminary Design Documents for the
Garage and the Garage Construction Documents to meet official regulatory
requirements or for similar purposes in connection with the Project is not to be
construed as publication in derogation of the rights reserved in this
Subparagraph 1.3.2.
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions include those which are (1)
specifically defined, (2) the titles of numbered articles and identified
references to Paragraphs, Subparagraphs and Clauses in the document or (3) the
titles of other documents published by the American Institute of Architects.
1.5 INTERPRETATION
1.5.1 In the interest of brevity the Contract Documents frequently omit
modifying words such as "all" and "any" and articles such as "the" and "an," but
the fact that a modifier or an article is absent from one statement and appears
in another is not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is the person or entity identified as such in the Agreement and
is referred to throughout the Contract Documents as if singular in number. The
term "Owner" means the Owner or the Owner's authorized representative.
2.1.2 The Owner upon reasonable written request shall furnish to the Contractor
in writing information which is necessary and relevant for the Contractor to
evaluate, give notice of or enforce mechanic's lien rights. Such information
shall include a correct statement of the record legal title to the property on
which the Project is located, usually referred to as the site, and the Owner's
interest therein at the time of execution of the Agreement and, within five
days after any change, information of such change in title, recorded or
unrecorded.
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
2.2.1 The Owner shall, at the request of the Contractor, prior to execution of
the Agreement and promptly from time to time thereafter, furnish to the
Contractor reasonable evidence that financial arrangements have been made to
fulfill the Owner's obligations under the Contract including, without
limitation, work covered by change orders. [Note: Unless such reasonable
evidence were furnished on request prior to the execution of the Agreement, the
prospective contractor would not be required to execute the Agreement or to
commence the Work.]
2.2.2 The Owner shall furnish surveys describing physical characteristics,
legal limitations and utility locations for the site of the Project, and a legal
description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements, and adjoining
property and structures; adjacent drainage; rights-of-way, restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and necessary data pertaining to existing
buildings, other improvements and trees; and information concerning available
utility services and lines, both public and private, above and below grade,
including inverts and depths. All the information on the survey shall be
referenced to a Project benchmark.
- -------------------------------------------------------------------------------
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
- - CONSTRUCTION MANAGER-ADVISER EDITION - AIA(R) - (C)1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #10
59
2.2.3 Except for permits and fees which are the responsibility of the
Contractor under the Contract Documents, the Owner shall secure and pay for
necessary approvals, easements, assessments and charges required for
construction, use or occupancy of permanent structures or for permanent changes
in existing facilities. Unless otherwise provided under the Contract Documents,
the Owner, through the Construction Manager, shall secure and pay for the
building permit.
2.2.4 Information or services under the Owner's control shall be furnished by
the Owner with reasonable promptness to avoid delay in orderly progress of the
Work.
2.2.5 The Contractor will be furnished, free of charge, three (3) copies of
Drawings and Specifications, excluding the Garage Construction Documents.
Additional sets will be furnished at the cost of reproduction, postage and
handling.
2.2.6 The Owner shall forward all communications to the Contractor
through the Construction Manager and shall contemporaneously provide the same
communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of
the Owner enumerated herein and especially those in respect to Article 6
(Construction by Owner or by Other Contractors), Article 9 (Payments and
Completion) and Article 11 (Insurance and Bonds).
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct Work which is not in accordance
with the requirements of the Contract Documents as required by Paragraph 12.2 or
fails to carry out Work in accordance with the Contract Documents, the Owner,
by written order signed personally or by an agent specifically so empowered by
the Owner in writing, may order the Contractor to stop the Work, or any portion
thereof, until the cause for such order has been eliminated; however, the right
of the Owner to stop the Work shall not give rise to a duty on the part of the
Owner to exercise this right for the benefit of the Contractor or any other
person or entity.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2.4.1 If the Contractor defaults or neglects to carry out the Work in
accordance with the Contract Documents and fails within a seven-day period
after receipt of written notice from the Owner to commence and continue
correction of such default or neglect with diligence and promptness, the Owner
may after such seven-day period give the Contractor a second written notice to
correct such deficiencies within a second seven-day period. If the Contractor
within such second seven-day period after receipt of such second notice fails
to commence and continue to correct any deficiencies, the Owner may, without
prejudice to other remedies the Owner may have, correct such deficiencies. In
such case an appropriate Change Order or Construction Change Order shall be
issued deducting from payments then or thereafter due the Contractor the cost
of correcting such deficiencies, including compensation for the Construction
Manager's and Architect's and their respective consultants' additional services
and expenses made necessary by such default, neglect or failure. Such action by
the Owner and amounts charged to the Contractor are both subject to prior
approval of the Architect, after consultation with the Construction Manager. If
payments then or thereafter due the Contractor are not sufficient to cover such
amounts, the Contractor shall pay the difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such in the
Agreement and is referred to throughout this Agreement as if singular in
number. The term "Contractor" means the Contractor or the Contractor's
authorized representative.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
3.2.1 The Contractor shall carefully study and compare the Contract
Documents with each other and with information furnished by the Owner pursuant
to Subparagraph 2.2.2 and shall at once report to the Construction Manager and
Architect errors, inconsistencies or omissions discovered. The Contractor shall
not be liable to the Owner, Construction Manager or Architect for damage
resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and
knowingly failed to report it to the Construction Manager and Architect. If the
- --------------------------------------------------------------------------------
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA(R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #11
60
Contractor performs any construction activity knowing it involves a recognized
error, inconsistency or omission in the Contract Documents without such notice
to the Construction Manager and Architect, the Contractor shall assume
appropriate responsibility for such performance and shall bear the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to the Contractor with the Contract Documents before
commencing activities. Errors, inconsistencies or omissions discovered shall be
reported to the Construction Manager and Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract
Documents and submittals approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work, using the
Contractor's best skill and attention. The Contractor shall be solely
responsible for and have control over construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work under
this Contract, subject to overall coordination of the Construction Manager as
provided in Subparagraphs 4.6.3 and 4.6.4.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions
of the Contractor's employees, Subcontractors and their agents and employees,
and other persons performing portions of the Work under a contract with the
Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work
in accordance with the Contract Documents either by activities or duties of the
Construction Manager or Architect in their administration of the Contract, or by
tests, inspections or approvals required or performed by persons other than the
Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the
Contractor's Work in order to determine that such portions are in proper
condition to receive subsequent Work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor
shall provide and pay for labor, materials, furniture, furnishings, equipment,
tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for proper
execution and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the
Contractor's employees and other persons carrying out the Contract. The
Contractor shall not permit employment of unfit persons not skilled in tasks
assigned to them.
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect
that materials, furniture, furnishings and equipment furnished under the
Contract will be of good quality and new unless otherwise required or permitted
by the Contract Documents, that the Work will be free from defects not inherent
in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these
requirements, including substitutions not properly approved and authorized, may
be considered defective. The Contractor's warranty excludes remedy for damage
or defect caused by abuse, modifications not executed by the Contractor,
improper or insufficient maintenance, improper operation, or normal wear and
tear under normal usage. If required by the Construction Manager or Architect,
the Contractor shall furnish satisfactory evidence as to the kind and quality of
materials and equipment. The Contractor warrants to the Owner that the Garage
Construction Documents comply with all applicable laws, statutes, ordinances,
codes, orders, rules and regulations.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the
Work or portions thereof provided by the Contractor which are legally enacted
when bids are received or negotiations concluded, whether or not yet effective
or merely scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents, the Contractor
shall secure and pay for the building permit and the Contractor shall secure
and pay for all other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work. Such fees for
building permits and other permits and governmental fees shall be
- --------------------------------------------------------------------------------
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA(R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #12
61
reimbursed to Contractor by Owner in accordance with Article 9 of this
Agreement, and shall be considered part of the cost of the Work for purposes of
Section 7.1.5.3 of the Agreement. The Owner shall secure and pay any fees due
to water and sewer connections, and such fees shall not be considered part of
the cost of the Work pursuant to Section 7 of the Agreement.
3.7.2 The Contractor shall comply with and give notices required by laws,
ordinances, rules and regulations and lawful orders of public authorities
bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract
Documents, other than the Garage Construction Documents, are in accordance
with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract
Documents are at variance therewith, the Contractor shall promptly notify the
Construction Manager, Architect and Owner in writing, and necessary changes
shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws,
statutes, ordinances, building codes, and rules and regulations without such
notice to the Construction Manager, Architect and Owner, the Contractor shall
assume full responsibility for such Work and shall bear the attributable costs.
3.8 ALLOWANCES
3.8.1 The Contractor shall include in the Contract Sum all allowances stated
in the Contract Documents. Items covered by allowances shall be supplied for
such amounts and by such persons or entities as the Owner may direct, but the
Contractor shall not be required to employ persons or entities against which
the Contractor makes reasonable objection.
3.8.2 Unless otherwise provided in the Contract Documents:
.1 materials and equipment under an allowance shall be selected
promptly by the Owner to avoid delay in the Work;
.2 allowances shall cover the cost to the Contractor of materials and
equipment delivered at the site and all required taxes, less
applicable trade discounts;
.3 Contractor's costs for unloading and handling at the site, labor,
installation costs, overhead, profit and other expenses contemplated
for stated allowance amounts shall be included in the Contract Sum
and not in the allowances;
.4 whenever costs are more than or less than allowances, the Contract
Sum shall be adjusted accordingly by Change Order. The amount of the
Change Order shall reflect (1) the difference between actual costs
and the allowances under Clause 3.8.2.2 and (2) changes in
Contractor's costs under Clause 3.8.2.3.
3.9 SUPERINTENDENT
3.9.1 The Contractor shall employ a competent superintendent and necessary
assistants who shall be in attendance at the Project site during performance of
the Work. The superintendent shall represent the Contractor, and communications
given to the superintendent shall be as binding as if given to the Contractor.
Important communications shall be confirmed in writing. Other communications
shall be similarly confirmed on written request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE
3.10.1 The Contractor, immediately after being awarded the Contract, shall
prepare in consultation with the Owner, the architect and the Construction
Manager and submit for the Owner's, Architect's and Construction Manager's
approval a Contractor's Construction Schedule for the Work. The Construction
Schedule shall not exceed time limits specified in the Contract Documents,
shall be updated and revised at appropriate intervals as required by the
conditions of the Work and Project, shall be related to the entire Project
construction schedule to the extent required by the Contract Documents, shall
provide for expeditious and practicable execution of the Work and shall not be
modified or extended without the prior approval of the Owner in each instance.
The Contractor shall also submit a schedule of values and of the anticipated
amount of each monthly payment that will
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA(R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #13
62
become due the Contractor in accordance with the activities and events of the
Construction Schedule. The receipt of the schedules of values and monthly
payments by the Owner, the Architect or the Construction Manger shall not
constitute acceptance or approval of the Schedules.
3.10.2
3.10.3 The Contractor shall prepare at least monthly and submit for the
Owner's, Architect's and Construction Manager's information a progress report
in a form, in sufficient detail, and of a character approved by the Owner and
the Construction Manager for the Project. The progress report shall specify,
among other things, an estimated percentage of completion (including percentage
of completion of each activity and event shown on the Construction Schedule),
whether the Project is on schedule, and if not, the reasons therefor and the
new schedule, as well as the number of man-days worked for each category of
labor and the projected Work to be completed in the next succeeding month.
Accompanying the progress report shall be an updated current Construction
Schedule, and a listing and the status of all Change Orders, Modifications,
bulletins and other relevant documents.
3.10.4 The Contractor shall conform to the most recent schedules.
Insert F: 3.10.5 The Construction Schedule shall be in a detailed
precedence-style critical path method (CPM) or primavera type format or other
detailed format satisfactory to the Owner and the Architect.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the Owner one record copy
of the Drawings, Specifications, addenda, Garage Construction Documents, Change
Orders and other Modifications, in good order and marked currently to record
changes and selections made during construction, and in addition approved Shop
Drawings, Product Data, Samples and similar required submittals. These shall be
available to the Construction Manager and Architect and shall be delivered to
the Construction Manager for submittal to the Owner upon completion of the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially
prepared for the Work by the Contractor or a Subcontractor, sub-subcontractor,
manufacturer, supplier or distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by the
Contractor to illustrate materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or
workmanship and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not
Contract Documents. The purpose of their submittal is to demonstrate for those
portions of the Work for which submittals are required the way the Contractor
proposes to conform to the information given and the design concept expressed
in the Contract Documents. Review by the Architect is subject to the
limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to the Construction
Manager, in accordance with the schedule and sequence approved by the
Construction Manager, Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents. The Contractor shall cooperate
with the Construction Manager in the coordination of the Contractor's Shop
Drawings, Product Data, Samples and similar submittals with related documents
submitted by other Contractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal
and review of Shop Drawings, Product Data, Samples or similar submittals until
the respective submittal has been approved by the Construction Manager and
Architect. Such Work shall be in accordance with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and
similar submittals, the Contractor represents that the Contractor has
determined and verified materials, field measurements and field construction
criteria related thereto, or will do so, and has checked and
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER - ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws
and is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as note below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #14
63
coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations
from requirements of the Contract Documents by the Construction Manager's and
Architect's approval of Shop Drawings, Product Data, Samples or similar
submittals unless the Contractor has specifically informed the Construction
Manager and Architect in writing of such deviation at the time of submittal and
the Construction Manager and Architect have given written approval to the
specific deviation. The Contractor shall not be relieved of responsibility for
errors or omissions in Shop Drawings, Product Data, Samples or similar
submittals by the Construction Manager's and Architect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on
resubmitted Shop Drawings, Product Data, Samples or similar submittals, to
revisions other than those requested by the Construction Manager and Architect
on previous submittals.
3.12.10 Informational submittals upon which the Construction Manager and
Architect are not expected to take responsive action may be so identified in
the Contract Documents.
3.12.11 When professional certification of performance criteria of materials,
systems or equipment is required by the Contract Documents, the Construction
Manager and Architect shall be entitled to rely upon the accuracy and
completeness of such calculations and certifications.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to areas permitted
by law, ordinances, permits and the Contract Documents and shall not
unreasonably encumber the site with materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and
secure the approval of, the Construction Manager before using any portion of
the site.
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting, fitting or patching
required to complete the Work or to make its parts fit together properly.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or
fully or partially completed construction of the Owner's own forces or of
separate contractors by cutting, patching, excavating or otherwise altering such
construction. The Contractor shall not cut or otherwise alter such construction
by separate contractors or by the Owner's own forces except with written
consent of the Construction Manager, Owner and such separate contractors; such
consent shall not be unreasonably withheld. The Contractor shall not
unreasonably withhold from the separate contractors or the Owner the
Contractor's consent to cutting or otherwise altering the Work.
13.15 CLEANING UP
13.15.1 The Contractor shall keep the premises and surrounding area free from
accumulation of waste materials or rubbish caused by operations under the
Contract. At completion of the Work the Contractor shall remove from and about
the Project waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
13.15.2 If the Contractor fails to clean up as provided in the Contract
Documents, the Construction Manager may do so with the Owner's approval and the
cost thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner, Construction Manager and
Architect access to the Work 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 defend suits or claims for infringement of patent rights and shall hold
the Owner, Construction Manager and Architect harmless from loss on account
thereof, but shall not be responsible for such defense or loss when a particular
design, process or product of a particular manufacturer or manufacturers is
required by the Contract Documents, other than the Garage Construction
Documents. However, if the Contractor has reason to believe that the required
design, process or product is an infringement of a patent, the Contractor shall
be responsible for such loss unless such information is promptly furnished to
the Architect. When a required design, process or product that is required by
the Garage Construction Document is an infringement of a patent, the Contractor
shall be responsible for such loss.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law, the
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER - ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws
and is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #15
64
Contractor shall indemnify and hold harmless the Owner, Construction Manager,
Architect, Construction Manager's and Architect's consultants, and agents and
employees of any of them from and against claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from
performance of the Work, provided that such claim, damage, loss or expense is
attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) including loss of
use resulting therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, a Subcontractor, anyone
directly or indirectly employed by them or anyone for whose acts they may be
liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder. Provided Owner has made all
payments properly due hereunder, the Contractor shall also defend, release,
indemnify and hold harmless the parties indemnified against and from any
assertion of or claims for mechanics' liens, stop notices and against assertion
of security interests by suppliers of goods, materials or labor. Such
obligation shall not be construed to negate, abridge or reduce other rights or
obligations of indemnity which would otherwise exist as to a party or person
described in this Paragraph 3.18.
3.18.2 In claims against any person or entity indemnified under this Paragraph
3.18 by an employee of the Contractor, a Subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under this Paragraph 3.18 shall not be limited by a
limitation on amount or type of damages, compensation or benefits payable by or
for the Contractor or a Subcontractor under workers' compensation acts,
disability benefit acts or other employee benefit acts.
3.18.3 the obligations of the Contractor under this Paragraph 3.18 shall not
extend to the liability of the Construction Manager, Architect, their
consultants, and agents and employees of any of them arising out of (1) the
preparation or approval of maps, drawings, opinions, reports, surveys, Change
Orders, designs or specifications, or (2) the giving of or the failure to give
directions or instructions by the Construction Manager, Architect, their
consultants, and agents and employees of any of them provided such giving or
failure to give is the primary cause of the injury or damage.
INSERT G: 3.19 CONSULTANTS
INSERT H: 3.19.1 Throughout the course of construction of the Project,
Contractor may be contacted by certain consultants retained by Owner. These
consultants may request documentation relating to costs of the Work for the
purpose of Modified Accelerated Cost Recovery System depreciation calculations.
The Contractor at the Contractor's expense shall make available cost
documentation and information related to the Work, including but not limited to
the Contractor's applications for payment and all supporting detail, purchase
orders and change orders with supporting detail, applicable unit cost breakdown
plus premium time breakdown and supplier invoices and other related cost
documents.
INSERT I: 3.20 THIRD-PARTY WARRANTIES
INSERT J: 3.20.1 With respect to all of the components of the Work, Contractor
shall obtain for the benefit of the Owner and in the name of the Owner
warranties from suppliers, vendors, fabricators, manufacturers, or other third
parties, all as specified in the Contract Documents. Contractor hereby assigns
to Owner any such rights Contractor may now or hereafter have under any such
warranties.
INSERT K: 3.21 CONTRACTOR'S SERVICES AND RESPONSIBILITIES WITH RESPECT TO THE
GARAGE
INSERT L: 3.21.1 Design services required by the Contract shall be performed by
qualified architects and other design professionals. The contractual
obligations of such professional persons or entities are undertaken and
performed in the interest of and at the expense of the Contractor.
INSERT M: 3.21.2 The agreements between the Contractor and the Garage Architect
and other design professionals identified in this Contract, and any subsequent
modifications, shall be in writing. These agreements, including financial
arrangements with respect to this Project, shall be promptly and fully
disclosed to the Owner upon request.
INSERT N: 3.21.3 Construction budgets for the Garage shall be prepared by
qualified professionals, cost estimators or contractors retained by and acting
in the interest of the Contractor.
INSERT O: 3.21.4 The Contractor shall be responsible to the Owner for acts and
omissions of the Contractor's employees, subcontractors and their agents and
employees, and other persons, including the Garage Architect and other design
professionals, performing any portion of the Contractor's obligations under
this Paragraph 3.21.
INSERT P: 3.21.5 The Contractor's basic services with respect the Garage are
described below.
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosection. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
Electronic Format A201/CMa-1992
User Document: FORM - 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 - Page #16
65
Insert Q: .1 The Contractor shall provide a preliminary evaluation of
the Owner's program and project budget requirements each in terms of the other
with respect to construction of the Garage.
Insert R: .2 The Contractor shall visit the site become familiar with
the local conditions and correlate observable conditions with the requirements
of the Owner's program schedule and budget with respect to construction of the
Garage.
Insert S: .3 The Contractor shall review laws applicable to design and
construction of the Garage: correlate such laws with the Owner's program
requirements and advise the Owner if any program requirement may cause a
violation of such laws Necessary changes to the Owner's program shall be
accomplished by appropriate written modification or disclosed as described in
Subparagraph 3.21.5.5.
Insert T: .4 The Contractor shall review with the Owner alternative
approaches to design and construction of the Garage.
Insert U: .5 The Contractor shall submit to the Owner a Proposal,
including the completed Preliminary Design Documents, and a proposed schedule
for completion of the Garage. Preliminary Design Documents shall consist of
preliminary design drawings, outline specifications or other documents
sufficient to establish the size, quality and character of the entire Garage,
its architectural, structural, mechanical and electrical systems, and the
materials and such other elements of the Garage as may be appropriate.
Deviations from the Owner's program shall be disclosed in the Proposal as well
as explanations for said deviations.
Insert V: .6 The Contractor shall consult with the Owner and other
persons or entities not designated in this Contract to define the program
requirements of the Garage and to review the understanding of such
requirements with the Owner.
Insert W: .7 The Contractor shall document the applicable requirements
necessary for the various Garage functions or operations.
Insert X: .8 The contractor shall provide a review and analysis of the
functional and organizational relationships, requirements, and objective for
the Garage.
Insert Y: .9 The Contractor shall set forth a written program of
requirements for the Owner's approval which summarizes the Owner's objectives,
schedule, constraints and criteria.
Insert Z: .10 The Contractor shall provide services at the Owner's
specific request to perform detailed investigations of existing conditions of
facilities or to make measured drawings thereof.
Insert AA: .11 The Contractor shall designate a representative authorized
to act on the Contractor's behalf with respect to the Project.
Insert AB: .12 The Contractor's basic services include the preparation of
the Garage Construction Documents. The Contractor shall submit Garage
Construction Documents for review and approval by the Owner. Garage
Construction Documents may include drawings, specifications, and other
documents and electronic data setting forth in detail the requirements for
construction of the Garage, and shall be consistent with the intent of the
Contractor's Proposal, provide information for the use of those in the building
trades and include documents customarily required for regulatory agency
approvals.
Insert AC: .13 The Contractor with the assistance of the Owner, shall file
documents required to obtain necessary approvals of governmental authorities
having jurisdiction over the Garage.
Insert AD: .14 Unless otherwise provided in the Garage Construction
Documents the Contractor shall provide or cause to be provided and shall pay
for design services necessary for proper execution and completion of the Garage,
whether temporary or permanent and whether or not incorporated or to be
incorporated in the Garage.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice architecture or
an entity lawfully practicing architecture identified as such in the Agreement
and is referred to throughout the Contract Documents as if singular in number.
The term "Architect" means the Architect or the Architect's authorized
representative.
4.2 CONSTRUCTION MANAGER
4.2.1 The Construction Manager is the person or entity identified as such in
the Agreement and is referred to
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA(R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 - Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
User Document: FORM - 12/20/1997. AIA License Number 105525, which expires on
6/30/1996 - Page #17
66
throughout the Contract Documents as if singular in number. The term
"Construction Manager" means the Construction Manager or the Construction
Manager's authorized representative.
4.3 Duties, responsibilities and limitations of authority of the Construction
Manager and Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without consent of the Owner, Construction
Manager, Architect and Contractor. The Owner's written consent must be signed
on behalf of the Owner by the President of the Owner's General Partner. That
position is currently held by Mr. Brian McMullan
4.4 In case of termination of employment of the Construction Manager or
Architect, the Owner shall appoint a construction manager or architect against
whom the Contractor makes no reasonable objection and whose status under the
Contract Documents shall be that of the former construction manager or
architect, respectively.
4.6 ADMINISTRATION OF THE CONTRACT
4.6.1 The Construction Manager and Architect will provide administration of the
Contract as described in the Contract Documents. The Construction Manager and
Architect will advise and consult with the Owner and will have authority to
act on behalf of the Owner only to the extent provided in the Contract
Documents, unless otherwise modified by written instrument in accordance with
other provisions of the Contract, such modification to be evidenced by a written
instrument signed on behalf of the Owner by the President of Owner's general
partner.
4.6.2 The Construction Manager will determine in general that the Work is being
performed in accordance with the requirements of the Contract Documents, will
keep the Owner informed of the progress of the Work, and will endeavor to guard
the Owner against defects and deficiencies in the Work.
4.6.5 The Architect will visit the site at intervals appropriate to the stage
of construction to become generally familiar with the progress and quality of
the completed Work and to determine in general if the Work is being performed
in a manner indicating that the Work, when completed, will be in accordance
with the Contract Documents. On the basis of on-site observations as an
architect, the Architect will keep the Owner informed of progress of the Work,
and will endeavor to guard the Owner against defects and deficiencies in the
Work. The inspection of the Work consisting of furniture, furnishings, or
equipment by the Owner or the Architect upon delivery shall be for the sole
purpose of identifying furniture, furnishings, or equipment and of verifying
quantities delivered. Such inspections are not final and do not constitute
acceptance of, or taking charge or control over, furniture, furnishings, or
equipment prior to installation and final completion unless the Owner
specifically accepts it in writing. If any previously inspected or accepted Work
is found to be defective or damaged or not in conformance with the Contract
Documents, the Owner may refuse or revoke acceptance.
4.6.6 The Construction Manager, except to the extent required by Subparagraph
4.6.4, and Architect will not have control over or charge of and will not be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility as provided in Paragraph
3.3, and neither will be responsible for the Contractor's failure to carry out
the Work in accordance with the Contract Documents. Neither the Construction
Manager nor the Architect will have control over or charge of or be responsible
for acts or Commissions of the Contractor, Subcontractors, or their agents or
employees, or of any other person performing portions of the Work.
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA(R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 - Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
User Document: FORM - 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 - Page #18
67
The Owner and Contractor shall communicate through the Construction Manager, and
shall contemporaneously provide the same communications to the Architect.
Communications by and with the Architect's consultants shall be through the
Architect. Communications by and with Subcontractors and material suppliers
shall be through the Contractor. Communications by and with separate contractors
shall be through the Construction Manager and shall be contemporaneously
provided to the Architect.
4.6.8 The Construction Manager will review and certify all Applications for
Payment by the Contractor, including final payment. After reviewing and
certifying the amounts due the Contractors, the Construction Manager will submit
the Contractor's Application for Payment and Certificate for Payment, to the
Architect.
4.6.9 Based on the Architect's observations and evaluations of the Contractor's
Applications for Payment, and the certifications of the Construction Manager,
the Architect will review and certify the amounts due the Contractors and will
issue Certificates for Payment in such amounts.
4.6.10 The Architect will have authority to reject Work which does not conform
to the Contract Documents, and to require additional inspection or testing, in
accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is
fabricated, installed or completed, but will take such action only after
notifying the Construction Manager. Subject to review by the Architect, the
Construction Manager will have the authority to reject Work which does not
conform to the Contract Documents. Whenever the Construction Manager considers
it necessary or advisable for implementation of the intent of the Contract
Documents, the Construction Manager will have authority to require additional
inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and
13.5.3, whether or not such Work is fabricated, installed or completed. The
foregoing authority of the Construction Manager will be subject to the
provisions of Subparagraphs 4.6.18 through 4.6.20 inclusive, with respect to
interpretations and decisions of the Architect. However, neither the Architect's
nor the Construction Manager's authority to act under this Subparagraph 4.6.10
nor a decision made by either of them in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the
Architect or the Construction Manager to the Contractor, Subcontractors,
material and equipment suppliers, their agents or employees, or other persons
performing any of the Work.
4.6.11 The Construction Manager will receive from the Contractor and review and
approve all Shop Drawings, Product Data and Samples, and transmit to the
Architect those recommended for approval. The Construction Manager's actions
will be taken with such reasonable promptness as to cause no delay in the Work
of the Contractor or in the activities of separate contractors, the Owner, or
the Architect. Review and approval of Shop Drawings, Product Data, or Samples
does not indicate approval of changes in the Contract Sum or Contract Time.
These can be authorized only as provided in Article 7, Changes in the Work.
4.6.12 The Architect will review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
The Architect's action will be taken with such reasonable promptness, but not to
exceed fourteen (14) calendar days, as to cause no delay in the Work of the
Contractor or in the activities of separate contractors, the Owner, or the
Construction Manager, while allowing sufficient time in the Architect's
professional judgment to permit adequate review. Review of such submittals is
not conducted for the purpose of determining the accuracy and completeness of
other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not
relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12.
The Architect's review shall not constitute approval of safety precautions or,
unless otherwise specifically stated by the Architect, of any construction
means, methods, techniques, sequences or procedures. The Architect's approval of
a specific item shall not indicate approval of an assembly of which the item is
a component. Review and approval of Shop Drawings, Product Date, or Samples does
not indicate approval of changes in the Contract Sum or Contract Time. These can
be authorized only as provided in Article 7, Changes in the Work.
4.6.13 The Construction Manager will prepare Change Orders and Construction
Change Directives for Owner's signature as provided in Paragraphs 7.2.1 and
7.3.1.
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 Y
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #19
68
4.6.14 Following consultation with the Construction Manager, the Architect will
take appropriate action on Change Orders or Construction Change Directives in
accordance with Article 7.
4.6.15 The Construction Manger will maintain at the site for the Owner one
record copy of all Contracts, Drawings, Specifications, addenda, Change Orders
and other Modifications, in good order and marked currently to record all
changes and selections made during construction, and in addition approved Shop
Drawings, Product Data, Samples and similar required submittals. These will be
available to the Architect and the Contractor, and will be delivered to the
Owner upon completion of the Project.
4.6.16 The Construction Manager will assist the Architect in conducting
inspections to determine the dates of Substantial Completion and final
completion, and will receive and forward to the Owner written warranties and
related documents required by the Contract and assembled by the Contractor. The
Construction Manager will forward to the Architect a final Application for
Payment and Certificate for Payment upon compliance with the requirements of
the Contract Documents.
4.6.17 If the Owner and Architect agree, the Architect will provide one or more
project representatives to assist in carrying out the Architect's
responsibilities at the site. The duties, responsibilities and limitations of
authority of such project representatives shall be as set forth in an exhibit
to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance
under and requirements of the Contract Documents on written request of the
Construction Manager, Owner or Contractor. The Architect's response to such
requests will be made with reasonable promptness and within any time limits
agreed upon. If no agreement is made concerning the time within which
interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by
the Architect to furnish such interpretations until 15 days after written
request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with
the intent of and reasonably inferable from the Contract Documents and will be
in writing or in the form of drawings. When making such interpretations and
decisions, the Architect will endeavor to secure faithful performance by both
Owner and Contractor, will not show partiality to either and will not be liable
for results of interpretations or decisions so rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be
final if consistent with the intent expressed in the Contract Documents.
4.7 CLAIMS AND DISPUTES
4.7.1 DEFINITION. A Claim is a demand or assertion by one of the parties
seeking, as a matter of right, adjustment or interpretation of Contract terms,
payment of money, extension of time or other relief with respect to the terms
of the Contract. The term "Claim" also includes other disputes and matters in
question between the Owner and Contractor arising out of or relating to the
Contract. Claims must be made by written notice. The responsibility to
substantiate Claims shall rest with the party making the Claim.
4.7.2 DECISION OF ARCHITECT. Claims, including those alleging an error or
omission by the Construction Manager or Architect, shall be referred initially
to the Architect for action as provided in Paragraph 4.8. A decision by the
Architect, as provided in Subparagraph 4.8.4., shall be required as a condition
precedent to arbitration or litigation of a Claim between the Contractor and
Owner as to all such matters arising prior to the date final payment is due,
regardless of (1) whether such matters relate to execution and progress of the
Work or (2) the extent to which the Work has been completed. The decision by
the Architect in response to a Claim shall not be a condition precedent to
arbitration or litigation in the event (1) the position of Architect is vacant,
(2) the Architect has not received evidence or has failed to render a decision
within agreed time limits, (3) the Architect has failed to take action required
under Subparagraph 4.8.4 within 30 days after the Claim is made, (4) 45 days
have passed after the Claim has been referred to the Architect or (5) the Claim
relates to a mechanic's lien.
4.7.3 TIME LIMITS ON CLAIMS. Claims by either party must be made within 21 days
after occurrence of the event giving rise to such Claim or within 21 days after
the claimant first recognizes the condition giving rise to the Claim, whichever
is later. Claims must be made by written notice. An additional Claim made after
the initial Claim has been implemented by Change Order will not be considered
unless submitted in a timely manner.
4.7.4 CONTINUING CONTRACT PERFORMANCE. Pending final resolution of a Claim
including litigation
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION-AIA (R) - (C)1992 THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292. Y WARNING:
Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with permission of the
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AIA License Number 105525, which expires on 6/30/1998 -- Page #20
69
unless otherwise agreed in writing the Contractor shall proceed diligently with
performance of the Contract and the Owner shall continue to make payments in
accordance with the Contract Documents.
4.7.5 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 arising out of the
Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract
Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 CLAIMS FOR CONCEALED OR UNKNOWN CONDITIONS. If conditions are
encountered at the site which are (1) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as
inherent in construction activities of the character provided for in the
Contract Documents, then notice by the observing party shall be given to the
other party promptly before conditions are disturbed and in no event later than
21 days after first observance of the conditions. The Architect will promptly
investigate such conditions and, if they differ materially and cause an
increase or decrease in the Contractor's cost of, or time required for,
performance of any part of the Work, will recommend an equitable adjustment in
the Contract Sum or Contract Time, or both. If the Architect determines that
the conditions at the site are not materially different from those indicated in
the Contract Documents and that no change in the terms of the Contract is
justified, the Architect shall so notify the Owner and Contractor in writing,
stating the reasons. Claims by either party in opposition to such determination
must be made within 21 days after the Architect has given notice of the
decision. If the Owner and Contractor cannot agree on an adjustment in the
Contract Sum or Contract Time, the adjustment shall be referred to the
Architect for initial determination, subject to further proceedings pursuant to
Paragraph 4.8.
4.7.7 CLAIMS FOR ADDITIONAL COST. If the Contractor wishes to make Claim for
an increase in the Contract Sum, written notice as provided herein shall be
given before proceeding to execute the Work. Prior notice is not required for
Claims relating to an emergency endangering life or property arising under
Paragraph 10.3. If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from the
Architect, (2) an order by the Owner to stop the Work where the Contractor was
not at fault, (3) failure of payment by the Owner, (4) termination of the
Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds.
Claim shall be filed in accordance with the procedure established herein.
4.7.8 CLAIMS FOR ADDITIONAL TIME.
4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract
Time, written notice as provided herein shall be given. The Contractor's Claim
shall include an estimate of cost and of probable effect of delay on progress
of the Work. In the case of a continuing delay only one Claim is necessary.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional
time, such Claim shall be documented by data substantiating that weather
conditions were abnormal for the period of time and could not have been
reasonably anticipated, and that weather conditions had an adverse effect on
the scheduled construction.
4.7.9 INJURY OR DAMAGE TO PERSON OR PROPERTY. If either party to the Contract
suffers injury or damage to person or property because of an act or omission of
the other party, of any of the other party's employees or agents, or of others
for whose act such party is legally liable, written notice of such injury or
damage, whether or not insured, shall be given to the other party within a
reasonable time not exceeding 21 days after first observance. The notice shall
provide sufficient detail to enable the other party to investigate the matter.
If a Claim for additional cost or time related to this Claim is to be asserted,
it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8.
4.8 RESOLUTION OF CLAIMS AND DISPUTES
4.8.1 The Architect will review Claims and take one or more of the following
preliminary actions within ten days of receipt of a Claim: (1) request
additional supporting data from the claimant, (2) submit a schedule to the
parties indicating when the Architect experts to take action, (3) reject the
Claim in whole or in part, stating reasons for rejection, (4) recommend
approval of the Claim by the other party or (5) suggest a compromise. The
Architect may also, but is not obligated to, notify the surety, if any, of the
nature and amount of the Claim.
4.8.2 If a Claim has been resolved, the Architect will prepare or obtain
appropriate documentation.
4.8.3 If a Claim has not been resolved, the party making
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISOR EDITION - AIA (R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292. Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
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Electronic Format A201/CMa-1992
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the Claim shall, within ten days after the Architect's preliminary response,
take one or more of the following actions: (1) submit additional supporting
data requested by the Architect, (2) modify the initial Claim or (3) notify the
Architect that the initial Claim stands.
4.8.4 If a Claim has not been resolved after consideration of the foregoing
and of further evidence presented by the parties or requested by the Architect,
the Architect will notify the parties in writing that the Architect's decision
will be made within seven days, which decision shall be final and binding on
the parties but subject to litigation. Upon expiration of such time period, the
Architect will render to the parties the Architect's written decision relative
to the Claim, including any change in the Contract Sum or Contract Time or
both. If there is a surety and there appears to be a possibility of a
Contractor's default, the Architect may, but is not obligated to, notify the
surety and request the surety's assistance in resolving the controversy.
4.9 ARBITRATION
4.9.1 CONTROVERSIES AND CLAIMS SUBJECT TO ARBITRATION.
4.9.2 RULES AND NOTICES FOR ARBITRATION.
4.9.3 CONTRACT PERFORMANCE DURING ARBITRATION.
4.9.4 WHEN ARBITRATION MAY BE DEMANDED.
4.9.4.1
4.9.4.2
4.9.5 LIMITATION ON CONSOLIDATION OR JOINDER.
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C)1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #22
71
4.9.6 CLAIMS AND TIMELY ASSERTION OF CLAIMS.
4.9.7 JUDGMENT ON FINAL AWARD.
INSERT AE: 4.10 LITIGATION
INSERT AF: 4.10.1 CONTROVERSIES AND CLAIMS SUBJECT TO LITIGATION. Any
controversy or Claim arising out of or related to the Contract or the breach
thereof may be the subject of litigation. Such controversies or Claims upon
which the Architect has given notice and rendered a decision as provided in
Subparagraph 4.8.4 and not subject to arbitration shall be subject to
litigation.
INSERT AG: 4.10.2 CONTRACT PERFORMANCE DURING LITIGATION. During litigation,
the Owner and Contractor shall comply with Subparagraph 4.7.4.
INSERT AH: 4.10.3 DECISION FINAL. When a written decision of the Architect
states that (1) the decision is final but subject to litigation and (2) a
demand for litigation of a Claim covered by such decision must be made within
30 days after the date on which the party making the demand receives the final
written decision, then failure to commence litigation within 30 days after
final completion of the Project.
INSERT AL: 4.10.4 WAIVER OF TRIAL BY JURY. OWNER AND CONTRACTOR TO THE
FULLEST EXTENT THAT THEY MAY LAWFULLY DO SO THEREBY WAIVE TRIAL BY JURY IN ANY
ACTION OR PROCEEDINGS, INCLUDING WITHOUT LIMITATION, ANY CONTRACT OR TORT
ACTION RELATED TO THIS CONTRACT.
INSERT AJ: INITIALS___________ INITIALS___________
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct contract with
the Contractor to perform a portion of the Work at the site. The term
"Subcontractor" is referred to throughout the Contract Documents as if singular
in number and means a Subcontractor or an authorized representative of the
Subcontractor. The term "Subcontractor" does not include a separate contractor
or subcontractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or
indirect contact with a Subcontractor to perform a portion of the Work at the
site. The term "Sub-contractor" is referred to throughout the Contract
Documents as if singular in number and means a Sub-subcontractor or an
authorized representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless otherwise stated in the Contract Documents or the bidding
requirements, the Contractor, as soon as practicable after award of the
Contract, shall furnish in writing to the Construction Manager for review by
the Owner, Construction Manager and Architect the names of persons or entities
(including those who are to furnish materials or equipment fabricated to a
special design) proposed for each principal portion of the Work. The
construction Manager will promptly reply to the Contractor in writing stating
whether or not the Owner, Construction Manager or Architect, after due
investigation, has reasonable objection to any such proposed person or entity.
Failure of the Construction Manager to reply promptly shall constitute notice
of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to
whom the Owner, Construction Manager or Architect has made reasonable and
timely objection. The Contractor shall not be required to contract with anyone
to whom the Contractor has made reasonable objection.
5.2.3 If the Owner, Construction Manager or Architect has reasonable
objection to a person or entity proposed by the Contractor, the Contractor
shall propose another to whom the Owner, Construction Manager or Architect has
no
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292
Y WARNING; Unlicensed photocopying violates U.S. copyright laws and is a subject
to legal prosecution. This document was electronically produced with permission
of the AIA and can be reproduced without violation until the date of expiration
as noted below.
ELECTRONIC FORMAT A201/CMA-1992
USER DOCUMENT: FORM -- 12/20/1997, AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- PAGE #23
72
reasonable objection. The Contract Sum shall be increased or decreased by the
difference in cost occasioned by such change and an appropriate Change Order
shall be issued. However, no increase in the Contract Sum shall be allowed for
such change unless the Contractor has acted promptly and responsively in
submitting names as required.
5.2.4 The Contractor shall not change a Subcontractor, person or entity
previously selected if the Owner, Construction Manager or Architect makes
reasonable objection to such change.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where legally required for validity, the
Contractor shall require each Subcontractor, to the extent of the Work to be
performed by the Subcontractor, to be bound to the Contractor by terms of the
Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the
Owner, Construction Manager and Architect. Each subcontract agreement shall
preserve and protect the rights of the Owner, Construction Manager and Architect
under the Contract Documents with respect to the Work to be performed by the
Subcontractor so that subcontracting thereof will not prejudice such rights, and
shall allow to the Subcontractor, unless specifically provided otherwise in the
subcontract agreement, the benefit of all rights, remedies and redress against
the Contractor that the Contractor, by the Contract Documents, has against the
Owner. Where appropriate, the Contractor shall require each Subcontractor to
enter into similar agreements with Sub-contractors. The Contractor shall make
available to each proposed Subcontractor, prior to the execution of the
subcontract agreement, copies of the Contract Documents to this the
Subcontractor will be bound, and, upon written request of the Subcontractor,
identify to the Subcontractor terms and conditions of the proposed subcontract
agreement which may be a variance with the Contract Documents. Subcontractors
shall similarly make copies of applicable portions of such documents available
to their respective proposed Sub-subcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the
Contractor to the Owner provided that:
.1 assignment is effective only after termination of the Contract by the
Owner for cause pursuant to Paragraph 14.2 and only for those
subcontract agreements which the Owner accepts by notifying the
Subcontractor in writing, and
.2 assignment is subject to the prior rights of the surety, if any,
obligated under bond relating to the Contract.
5.4.2
ARTICLE 6
CONSTRUCTION BY OWNER OR BY
OTHER CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM
CONSTRUCTION WITH OWN FORCES
AND TO AWARD OTHER CONTRACTS
6.1.1 The Owner reserves the right to perform construction or operations
related to the Project with the Owner's own forces, which include persons or
entities under separate contracts not administered by the Construction Manager.
The Owner further reserves the right to award other contracts in connection
with other portions of the Project or other construction or operations on the
site under Conditions of the Contract identical or substantially similar to
these including those portions related to insurance and waiver of subrogation.
If the Contractor claims that delay or additional cost is involved because of
such action by the Owner, the Contractor shall make such Claim as provided
elsewhere in the Contract Documents.
6.1.2 When the Owner performs construction or operations with the Owner's own
forces including persons or entities under separate contracts not administered
by the Construction Manager, the Owner shall provide for coordination of such
forces with the Work of the Contractor, who shall cooperate with them. The
Contractor shall participate with other separate contractors and the Owner in
reviewing their construction schedules when directed to do so.
6.1.3 Unless otherwise provided in the Contract Documents, when the Owner
performs construction or operations related to the Project with the Owner's own
forces, the Owner shall be deemed to be subject to the same obligations and to
have the same rights which apply to the Contractor under the Conditions of the
Contract, including, without excluding others, those stated in this Article 6
and in Articles 3, 10, 11 and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The contractor shall afford the Owner's own forces,
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292
Y WARNING; Unlicensed photocopying violates U.S. copyright laws and is a subject
to legal prosecution. This document was electronically produced with permission
of the AIA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 -- Page #24
73
Construction Manager and separate contractors reasonable opportunity for
introduction and storage of their materials and equipment and performance of
their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results
upon construction or operations by the Owner's own forces or a separate
contractor, the Contractor shall, prior to proceeding with that portion of the
Work, promptly report to the Construction Manager and Architect apparent
discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so
to report shall constitute an acknowledgement that the Owner's own forces or
separate contractors' completed or partially completed construction is fit and
proper to receive the Contractor's Work, except as to defects not then
reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective
construction shall be borne by the party responsible therefor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the
Contractor to completed construction or partially completed construction or to
property of the Owner or separate contractors as provided in Subparagraph
10.2.5.
6.2.5 Claims and other dispute and matters in question between the Contractor
and a separate contractor shall be subject to the provisions of Paragraph 4.7
provided the separate contractor has reciprocal obligations.
6.2.6 The Owner and each separate contractor shall have the same
responsibilities for cutting and patching as are described for the Contractor in
Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor, separate contractors and the
Owner as to the responsibility under their respective contracts for maintaining
the premises and surrounding area free from waste materials and rubbish as
described in Paragraph 3.15, the Owner may clean up and allocate the cost among
those responsible as the Construction Manager, in consultation with the
Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accomplished after execution of the Contract,
and without invalidating the Contract, by a Change Order, or a Construction
Change Directive, subject to the limitations stated in this Article 7 and
elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner,
Construction Manager, Architect and Contractor; a Construction Change Directive
requires agreement by the Owner, Construction Manager and Architect and may or
may not be agreed to by the Contractor.
7.1.3 Changes in the Work shall be performed under applicable provisions of
the Contract Documents, and Contractor shall proceed promptly, unless otherwise
provided in the Change Order, or Construction Change Directive.
7.1.4 If unit prices are stated in the Contract Documents or subsequently
agreed upon, and if quantities originally contemplated are so changed in a
proposed Change Order or Construction Change Directive that application of such
unit prices to quantities of Work proposed will cause substantial inequity to
the Owner or Contractor, the applicable unit prices shall be equitably adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by the Construction
Manager and signed on behalf of the Owner by the President of Owner's General
Partner, and by the Construction Manager, Architect and Contractor, stating
their agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 Methods used in determining adjustments to the Contract Sum may include
those listed in Subparagraph 7.3.3.
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISOR EDITION - AIA (R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292 Y WARNING;
Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with permission of the
AIA and can be reproduced without violation until the date of expiration as
noted below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997.
AIA LICENSE NUMBER 105525, WHICH EXPIRES ON 6/30/1998 -- PAGE #25
74
INSERT AK: 7.2.3 Subject to Contractor's reasonable exception, which shall be
expressly stated on the face of the Change Order prior to Owner's approval of
the Change Order, agreement on any Change Order shall constitute a final
settlement of all matters relating to the change in the Work which is the
subject of the Change Order, including, but not limited to all direct, indirect
and impact costs and time associated with such change and any and all
adjustments to the Contract Sum and the Construction Schedule and under any and
all cumulative impacts and cardinal changes. In the event Change Order increases
or decreases the Contract Sum. Contractor shall include the Work covered by such
Change Order in Applications for Payment as if such Work,was originally part of
the Contract Documents.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order prepared by the
Construction Manager and signed on behalf of the Owner by the President
of Owner's General Partner, and by the Construction Manager and Architect,
directing a change in the Work and stating a proposed basis for adjustment, if
any, in the Contract Sum or Contract Time, or both. The Owner may by
Construction Change Directive, without invalidating the Contract,order changes
in the Work within the general scope of the Contract consisting of additions,
deletions or other revisions, the Contract Sum and Contract Time being adjusted
accordingly.
7.3.2 A Construction Change Directive shall be used in the absence of total
agreement on the terms of a Change Order.
7.3.3 If the Construction Change Directive provides for an adjustment to
the Contract Sum, the adjustment shall be based on one of the following methods:
.1 mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;
.2 unit prices stated in the Contract Documents or subsequently agreed
upon;
.3 cost to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage fee; or
.4 as provided in Subparagraph 7.3.6
7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall
promptly proceed with the change in the Work involved and advise the
Construction Manager and Architect of the Contractor's agreement or disagreement
with the method, if any, provided in the Construction Change Directive for
determining the proposed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contractor indicates the
agreement of the Contractor therewith, including adjustment in Contract Sum and
Contract Time or the method for determining them. Such agreement shall be
effective immediately and shall be recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or disagrees with the
method for adjustment in the Contract Sum, the method and the adjustment shall
be determined by the Construction Manager on the basis of reasonable
expenditures and savings of those performing the Work attributable to the
change, including, in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such case, and also under Clause 7.3.3.3,
the Contractor shall keep and present, in such form as the Construction manager
may prescribe, an itemized accounting together with appropriate supporting data.
Unless otherwise provided in the Contract Documents, costs for the purposes of
this Subparagraph 7.3.6 shall be limited to the following:
.1 costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers
compensation insurance;
.2 costs of materials, supplies and equipment, including cost of
transportation, whether incorporated or consumed;
.3 rental costs of machinery and equipment, exclusive of hand tools,
whether rented from the Contractor or others;
.4 costs of premiums for all bonds and insurance, permit fees, and sales,
use or similar taxes related to the Work, and
.5 additional costs of supervision and field office personnel directly
attributable to the change.
INSERT AL: .6 solely in the case of the Garage Work, fees paid to the Garage
Architect, engineers and other professionals.
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AIA DOCUMENT A20/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER - ADVISER EDITION- AIA (R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- PAGE #26
75
7.3.7 Pending final determination of cost to the Owner, amounts not in dispute
may be included in Applications for Payment. The amount of credit to be allowed
by the Contractor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the
Construction Manager. When both additions and credits covering related Work or
substitutions are involved in a change, the allowance for overhead and profit
shall be figured on the basis of net increase, if any, with respect to that
change.
7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract
Time or the method of determining it, the adjustment or the method shall be
referred to the Construction Manager for determination.
7.3.9 When the Owner and Contractor agree with the determination made by the
Construction Manager concerning the adjustments in the Contract Sum and
Contract Time, or otherwise reach agreement upon the adjustments, such
agreement shall be effective immediately issued through the Construction
Manager and shall be recorded by preparation and execution of an appropriate
Change Order.
7.4 MINOR CHANGES IN THE WORK
7.4.1
ARTICLE 8
TIME
8.1 DEFINITIONS
8.1.1 Unless otherwise provided, Contract Time is the period of time,
including authorized adjustments, allotted in the Contract Documents for
Substantial Completion of the Work.
8.1.2 The date of commencement of the work is the date established in the
Agreement. The date shall not be postponed by the failure to act of the
Contractor or of persons or entities for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by the Architect
in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day
unless otherwise specifically defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents are of the essence of the
Contract. By executing this Agreement the Contractor confirms that the Contract
Time is a reasonable period of time for performing the Work and the time period
set forth in Paragraph 4.2 of the Agreement is a reasonable period to achieve
Final Completion.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of
the Owner in writing, prematurely commence operations on the site or elsewhere
prior to the effective date of insurance required by Article 11 to be furnished
by the Contractor. The date of commencement of the Work shall not be changed by
the effective date of such insurance. Unless the date of commencement is
established by a notice to proceed given by the Owner, the Contractor shall
notify the Owner in writing not less than five days or other agreed period
before commencing the Work to permit the timely filing of mortgages, mechanic's
liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall
achieve Substantial Completion with the Contract Time and shall achieve Final
Completion by the date set forth in Paragraph 4.2 of the Agreement.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in progress of the Work by an
act or neglect of the Owner's own forces, Construction manager, Architect, or
of a separate contractor or an employee of any of them, or by changes ordered
in the Work, or by labor disputes, fire, unusual delay in deliveries,
unavoidable casualties or other causes beyond the Contractor's control, or by
delay authorized by the Owner pending litigation, or by other causes which the
Architect, based on the recommendation of the Construction Manager, determines
may justify delay, then the Contract time shall be extended by Change Order for
such reasonable time as the Architect may determine.
8.3.2 Claims relating to time shall be made in accordance with applicable
provisions of Paragraph 4.7.
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISOR EDITION - AIA (R) - (C)1992 - THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292
Y Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with permission of the
AIA and can be reproduced without violation until the date of expiration as
noted below.
ELECTRONIC FORMAT A201/CMa-1992 USER DOCUMENT: FORM -- 12/20/1997.
AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- PAGE #27
76
8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by
either party under other provisions of the Contract Documents.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and, including authorized
adjustments, is the total amount payable by the Owner to the Contractor for
performance of the Work under the Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Contractor shall submit
to the Architect, through the Construction Manager, a schedule of values
allocated to various portions of the Work, prepared in such form and supported
by such data to substantiate its accuracy as the Construction Manager and
Architect may require. This schedule, unless objected to by the Construction
Manager or Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 Five (5) business days prior to the end of each calendar month, the
Contractor shall submit to the Construction Manager, Architect, and Owner an
itemized Application for Payment for Work completed and projected to be
completed by the end of such calendar month in accordance with the schedule of
values. Such application shall be notarized, if required, and supported by such
data substantiating the Contractor's right to payment as the Owner, Construction
Manager or Architect may require, such copies of requisitions from
Subcontractors and material suppliers, and reflecting retainage if provided for
elsewhere in the contract Documents. Such Application for Payment shall be
certified as correct by Contractor and shall be accompanied by waivers of liens
and other documentation from Subcontractors and suppliers as may be reasonably
required by the Owner. In addition, such Application for Payment shall contain a
certification by the Contractor that there are no claims of mechanics' or
materialmen's liens at the date of such Application for Payment, that the
Contractor has no knowledge of any mechanics' or materialmen's liens with
respect to the Work, that all due and payable bills with respect to the Work
have been paid to date, that there is no known basis for the filing of any
mechanics' or materialmen's liens on the Work, and that waivers from all
Subcontractors and suppliers constitute an effective waiver of lien under the
laws of the jurisdiction in which the Project is located to the extent of
payments that have been made or are to be made concurrently with payment
pursuant to such Application for Payment.
9.3.1.1 Such applications may include requests for payment on account of
charges in the Work which have been properly authorized by Construction Change
Directives but not yet included in Change Orders.
9.3.1.2 Such applications may not include requests for payment of amounts the
Contractor does not intend to pay to a Subcontractor or material supplier
because of a dispute or other reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall
be made on account of materials and equipment delivered and suitably stored at
the site for subsequent incorporation in the Work. If approved in advance by
the Owner, payment may similarly be made for materials and equipment suitably
stored off the site at a location agreed upon in writing. Payment for materials
and equipment stored on or off the site shall be conditioned upon compliance by
the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's
interest, and shall include applicable insurance, storage and transportation to
the site for such materials and equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an
Application for Payment will pass to the Owner no later than the time of
payment. The Contractor further warrants that upon submittal of an Application
for Payment all Work for which Certificates for Payment have been previously
issued and payments received from the Owner shall, to the best of the
Contractor's knowledge, information and belief, be free and clear of liens,
claims security interests or encumbrances in favor of the contractor,
Subcontractors, material suppliers, or other persons or entities making a claim
by reason of having provided labor, materials and equipment relating to the
Work.
9.4 CERTIFICATED FOR PAYMENT
9.4.1 The Construction Manager will after certifying the amounts due on the
Contractor's Application for Payment forward it to the Architect within
three (3) business days after such certification and after receipt of such
additional or supplemental lien releases as may be reasonably requested by
Contractor.
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER - ADVISER EDITION - AIA (R) - (C)1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violated U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reduced without violation until the date of
expiration as noted below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- Page #28
77
9.4.2 Within three (3) business days after the Architect's receipt of the
Contractor's Application for Payment, the Construction Manager and Architect
will either issue to the Owner a Certificate for Payment, with a copy to the
Contractor, for such amount as the Construction Manager and Architect determine
is properly due, or notify the Contractor and Owner in writing of the
Construction Manager's and Architect's reason for withholding certification in
whole or in part as provided in Subparagraph 9.5.1. Such notification will be
forwarded to the Contractor by the Construction Manager.
9.4.3 The issuance of a Certificate for Payment will constitute
representations made separately by the Construction Manager and Architect to the
Owner, based on their individual observations at the site and the data
comprising the Application for Payment submitted by the Contractor, that the
Work has progressed to the point indicated and that, to the best of the
Construction Manager's and Architect's knowledge, information and belief,
quality of the Work is in accordance with the Contract Documents. The foregoing
representations are subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to results of subsequent
tests and inspections, to minor deviations from the Contract Documents
correctable prior to completion and to specific qualifications expressed by the
Construction Manager or Architect. The issuance of a Certificate for Payment
will further constitute a representation that the Contractor is entitled to
payment in the amount certified. However, the issuance of a Certificate for
Payment will not be a representation that the Construction Manager or Architect
has (1) made exhaustive or continuous on-site inspections to check the quality
or quantity of the Work, (2) reviewed the Contractor's construction means,
methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data
requested by the Owner to substantiate the Contractor's right to payment or (4)
made examination to ascertain how or for what purpose the Contractor has used
money previously paid on account of the Contract Sum.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Construction Manager or Architect may decide not to certify
payment and may withhold a Certificate for Payment in whole or in part, to the
extent reasonably necessary to protect the Owner, if in the Construction
Manager's or Architect's opinion the representations to the Owner required by
Subparagraph 9.4.3 cannot be made. If the Construction Manager or Architect is
unable to certify payment in the amount of the Application, the Construction
Manager or Architect will notify the Contractor and Owner as provided in
Subparagraph 9.4.2. If the Contractor, Construction Manager and Architect cannot
agree on a revised amount, the Construction Manager and Architect will promptly
issue a Certificate for Payment for the amount for which the Construction
Manager and Architect are able to make such representations to the Owner. The
Construction Manager or Architect may also decide not to certify payment or,
because of subsequently discovered evidence or subsequent observations, may
nullify the whole or a part of a Certificate for payment previously issued, to
such extent as may be necessary in the Construction Manager's or Architect's
opinion to protect the Owner from loss because of:
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating
probably filing of such claims;
.3 failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment;
.4 reasonable evidence that the Work cannot be completed for
the unpaid balance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be completed
within the Contract Time, and that the unpaid balance would
not be adequate to cover actual or liquidated damages for
the anticipated delay; or
.7 material failure to carry out the Work in accordance with the Contract
Documents.
9.5.2 When the above reasons for withholding certification are removed,
certification will be made for amounts previously withheld.
9.6 PROGRESS PAYMENTS
9.6.1 The Construction Manager's and Architect's Certificate for Payment shall
be processed and forwarded to the Owner within three (3)
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
Electronic Format A201/CMa-1992
User Document: FORM - 12/20/1997. AIA License Number 105525, which expires on
6/30/1998 --Page #29
78
business days after the Architect's receipt of the Contractor's Application for
Payment. Within three (3) business days after receipt of the Construction
Manager's and Architect's Certificate for Payment, the Owner shall, after its
approval of the Certificate for Payment, make payment to the Contractor of the
amount specified in the Certificate for Payment (which shall provide for all
applicable retentions). Such payment by the Owner shall not constitute approval
or acceptance of any item of cost in the Application for Payment. No partial
payment made hereunder shall be, or be construed to be, final acceptance or
approval of that portion of the Work to which such partial payment relates or
relieve the Contractor of any of its obligations hereunder with respect
thereto.
9.6.2 The Contractor shall promptly, and in no event later than three (3)
business days after receipt of payment from the Owner, pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount paid to the Contractor
on account of such Subcontractor's portion of the Work, the amount to which said
Subcontractor is entitled, reflecting percentages actually retained from
payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor,
require each Subcontractor to make payments to Sub-Contractors in similar
manner.
9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if
practicable, information regarding percentages of completion or amounts applied
for by the Contractor and action taken thereon by the Owner, Construction
Manager and Architect on account of portions of the Work done by such
Subcontractor.
9.6.4 Neither the Owner, Construction Manager nor Architect shall have an
obligation to pay or to see to the payment of money to a Subcontractor except
as may otherwise be required by law.
9.6.5 Payment to the Garage Architect and material suppliers shall be treated
in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial or entire use
or occupancy of the Project by the Owner shall not constitute acceptance of
Work not in accordance with the Contract Documents.
9.7 FAILURE OF PAYMENT
9.7.1 If, through no fault of the Contractor, 1) the Construction Manager and
Architect do not issue a Certificate for Payment within eleven (11) business
days after the Construction Manager's receipt of the Contractor's Application
for Payment or 2) the Owner does not pay the Contractor within five(5) business
days after the date established in the Contract Documents the amount certified
by the Construction Manager and Architect or awarded by arbitration or
litigation, then the Contractor may, upon seven additional days' written notice
to the Owner, Construction Manager and Architect, stop the Work until payment
of the amount owing has been received. The Contract Time shall be extended
appropriately and the Contract Sum shall be increased by the amount of the
Contractor's reasonable costs of shut-down, delay and start-up, which shall be
accomplished as provided in Article 7.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Substantial Completion is the stage in the progress of the Work when the
Work or designated portion thereof is sufficiently complete in accordance with
the Contract Documents so the Owner can occupy or utilize the Work for its
intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which
the Owner agrees to accept separately, is substantially complete, the
Contractor and Construction Manager shall jointly prepare and submit to the
Architect a comprehensive list of items to be completed or corrected. The
Contractor shall proceed promptly to complete and correct items on the list.
Failure to include an item on such list does not alter the responsibility of
the Contractor to complete all Work in accordance with the Contract Documents.
Upon receipt of the list, the Architect, assisted by the Construction Manager,
will make an inspection to determine whether the Work or designated portion
thereof is substantially complete. If the Architect's inspection discloses any
item, whether or not included on the list, which is not in accordance with the
requirements of the Contract Documents, the Contractor shall, before issuance
of the Certificate of Substantial Completion, complete or correct such item upon
notification by the Architect. The Contractor shall then submit a request for
another inspection by the Architect, assisted by the Construction Manager, 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 of Substantial
Completion, shall establish responsibilities of the Owner and Contractor for
security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the
list accompanying the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
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Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525, which expires
on 6/30/1998 -- Page #30
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Substantial Completion. The Certificate of Substantial
Completion shall be submitted to the Owner and Contractor
for their written acceptance of responsibilities assigned to
them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or
designated portion thereof and upon application by the
Contractor and certification by the Construction Manager
and Archtect, the Owner shall make payment, reflecting
adjustment in retainage, if any, for such Work or portion
thereof as provided in the Contract Documents with the
consent of the surety. The payment shall be sufficient to
increase the total payments to ninety-five percent (95%) of
the Contract Sum, less such amounts as the Architect and
Construction Manager shall determine for incommplete Work
and unsettled claims.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy or use any completed or
partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the
Contractor, provided such occupancy or use is consented to
by the insurer as required under Subparagraph 11.3.11 and
authorized by public authorities having jurisdiction over the
Work. Such partial occupancy or use may commence
whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments,
retainage if any, security, maintenance, heat, utilities,
damage to the Work and insurance, and have agreed in
writing concerning the period for correction of the Work and
commencement of warranties required by the Contract
Documents. When the Contractor considers a portion
substantially complete, the Contractor and Construction
Manager shall jointly prepare and submit a list to the
Architect as provided under Subparagraph 9.8.2. Consent of
the Contractor to partial occupancy or use shall not be
unreasonably withheld. The stage of the progress of the
Work shall be determined by written agreement between the
Owner and Contractor or, if no agreement is reached, by
decision of the Architect after consultation with the
Construction Manager.
9.9.2 Immediately prior to such partial occupancy or use,
the Owner, Construction Manager, Contractor and Architect
shall jointly inspect the area to be occupied or portion of the
Work to be used in order to determine and record the
condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or
use of a portion or portions of the Work shall not constitute
acceptance of Work not complying with the requirements of
the Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon completion of the Work, the Contractor shall
forward to the Construction a Manager a written notice that
the Work is ready for final inspection and acceptance and
shall also forward to the Construction Manager a final
Contractor's Application for Payment. Upon receipt, the
Construction Manager will forward the notice and
Application to the Architect who will promptly make such
inspection. When the Architect, based on the
recommendation of the Construction Manager, finds the
Work acceptable under the Contract Documents and the
Contract fully performed, the Construction Manager and
Architect will promptly issue a final Certificate for Payment
stating that to the best of their knowledge, information and
belief, and on the basis of their observations and inspections,
the Work has been completed in accordance with terms and
conditions of the Contract Documents and that the entire
balance found to be due the Contractor and noted in said
final Certificate is due and payable. The Construction
Manager's and Architect's final Certificate for Payment will
constitute a further representation that conditions listed in
Subparagraph 9.10.2 as precedent to the Contractor's being
entitled to final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained
percentage shall become due until the Contractor submits to
the Architect through the Construction Manager (1) an
affidavit that payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the
Owner or the Owner's property might be responsible or
encumbered (less amounts withheld by Owner) have been
paid or other wise satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents to remain in
force after final payment is currently in effect and will not be
canceled or allowed to expire until at least 30 days' prior
written notice has been given to the Owner, (3) a written
statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover the period
required by the Contract Documents, (4) consent of surety, if
any, to final payment and (5), if required by the Owner, other
data establishing payment or satisfaction of obligations, such
as receipts, releases and waivers of liens, claims, security
interests or encumbrances arising out of the Contract, to the
extent and in such form as may be designated by the Owner.
If a Subcontractor refused to furnish a release or waiver
required by the Owner, the Contractor may furnish a bond
satisfactory to the Owner to indemnify the Owner against
such lien or claim. If such lien remains unsatisfied after
payments are made, the Contractor shall refund to the Owner
all money that the Owner may be compelled to pay in
discharging such lien, including all costs and reasonable
attorneys' fees.
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING-TON, D.C., 20006-5292 Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This Document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below. Electronic Format A201/CMa-1992
User Document: FORM -12/20/1997.AIA License Number 105525, which expires on
6/30/1998 -- Page #31
80
9.10.3 If, after Substantial Completion of the Work, final completion thereof
is materially delayed through no fault of the Contractor or by issuance of
Change Orders affecting final completion, and the Construction Manager and
Architect so confirm, the Owner shall, upon application by the Contractor and
certification by the Construction Manager and Architect, and without
terminating the Contract, make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining balance for Work not
fully completed or corrected is less than retainage stipulated in the Contract
Documents, and if bonds have been furnished, the written consent of surety to
payment of the balance due for that portion of the Work fully completed and
accepted shall be submitted by the Contractor to the Architect through the
Construction Manager prior to certification of such payment. Such payment
shall be made under terms and conditions governing final payment, except that
it shall not constitute a waiver of Claims. The making of final payment shall
constitute a waiver of Claims by the Owner as provided in Subparagraph 4.4.5.
9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or
material supplier shall constitute a waiver of claims by that payee except
those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment. Such waivers shall be in addition
to the waiver described in Subparagraph 4.7.5.
Insert AM: 9.11 LIQUIDATED DAMAGES
Insert AN: The Contractor shall be liable for and shall pay the Owner the sums
stipulated as liquidated damages for each calendar day of delay until the Work
is Substantially Completed, all in accordance with and as set forth in
Paragraph 4.3 of the Agreement. Contractor and Owner have independently
determined that the damages to be suffered by Owner in the event of such delay
are uncertain and would be extremely difficult to determine and impractical to
ascertain, but that the sums set forth in Paragraph 4.3 of the Agreement are a
reasonable estimate of a fair liquidated compensation.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 See Supplementary Conditions.
10.1.2 In the event the Contractor encounters on the site material reasonably
believed to be asbestos or polychlorinated biphenyl (PCB) which has not been
rendered harmless, the Contractor shall immediately stop Work in the area
affected and report the condition to the Owner, Construction Manager and
Architect in writing. The Work in the affected area shall not thereafter be
resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been
rendered harmless. The Work in the affected area shall be resumed in the
absence of asbestos or polychlorinated biphenyl (PCB), or when it has been
rendered harmless, by written agreement of the Owner and Contractor, or in
accordance with final determination by the Architect on litigation has not been
commenced.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform
without consent any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and
hold harmless the Contractor, Construction Manager, Architect, their
consultants, and agents and employees of any of them from and against claims,
damages, losses and expenses, including but not limited to attorneys' fees,
arising out of or resulting from performance of the Work in the affected area
if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has
not been rendered harmless, provided that such claim, damage, loss or expense
is attributable to bodily injury, sickness, disease or death, or to injury to
or destruction of tangible property (other than the Work itself) including loss
of use resulting therefrom, but only to the extent caused in whole or in part
by negligent acts or omissions of the Owner, anyone directly or indirectly
employed by the Owner or anyone for whose acts the Owner may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in
part by a party indemnified hereunder. Such obligation shall not be construed
to negate, abridge or reduce other rights or obligations of indemnity which
would otherwise exist as to a party or person described in this Subparagraph
10.1.4.
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable
bodily injury or death to persons resulting from a material or substance
encountered on the site by the Contractor, the Contractor shall, upon
recognizing the condition, immediately stop Work in the affected area and
report the condition to the Owner, Construction Manager and Architect in
writing. The Owner, Contractor,
________________________________________________________________________________
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
User Document:FORM - 12/20/1997.AIA License Number 105525, which expires on
6/30/1998 - Page #32
81
Construction Manager and Architect shall then proceed in the same manner
described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed
laboratory to verify a presence or absence of the material or substance
reported by the Contractor and, in the event such material or substance is
found to be present, to verify that it has been rendered harmless. Unless
otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, Construction Manager and Architect the names and
qualifications of persons or entities who are to perform tests verifying the
presence or absence of such material or substance or who are to perform the
task of removal or safe containment of such material or substance. The
Contractor, the Construction Manager and the Architect will promptly reply to
the Owner in writing stating whether or not any of them has reasonable
objection to the persons or entities proposed by the Owner. If the Contractor,
Construction Manager or Architect has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor,
the Construction Manager and the Architect have no reasonable objection.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 See Supplementary Conditions.
.1
.2
.3
.4
10.2.2
10.2.3
10.2.4
10.2.5
10.2.6
10.2.7
10.3 EMERGENCIES
10.3.1
ARTICLE 11
INSURANCE AND BONDS
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AIA DOCUMENT A201/CMa GENERAL CONDITIONS OF THE CONTRACT FOR
CONSTRUCTION-CONSTRUCTION MANAGER-ADVISER EDITION AIA (R). (C)1992 THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON D.C.
20006-5292 Y WARNING; Unlicensed photocoping violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A201/CMa-1992
User Document: FORM--12/20/1997. AIA License
Number 105525, which expires on 6/30/1998--Page #33
82
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 See Supplementary Conditions.
.1
.2
.3
.4
.5
.6
.7
11.1.2
11.1.3
11.2 OWNER'S LIABILITY INSURANCE
11.2.1
11.3 PROPERTY INSURANCE
11.3.1
11.3.1.1
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER - ADVISER EDITION - AIA (R) - (C)1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W., WASHINGTON, D.C., 20006-5292
Y WARNING; Unlicensed photocopying violates U.S. copyright laws and is
subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date
of expiration ass noted below.
Electronic Format A201/CMa-1992
User Document: FORM - 12/20/1997. AIA License Number 105525,
which expires on 6/30/1998 -- Page #34
83
11.3.1.2
11.3.1.3
11.3.1.4
11.3.1.5
11.3.2 BOILER AND MACHINERY INSURANCE.
11.3.3 LOSS OF USE INSURANCE.
11.3.4
11.3.5
11.3.6
11.3.7 WAIVERS OF SUBROGATION.
______________________________________________________________________
AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
- - CONSTRUCTION MANAGER-ADVISOR EDITION - AIA (R)-(C)1992 THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
User Document: FORM -- 12/20/1997. AIA License Number 105525,
which expires on 6/30/1998 -- Page #35
84
11.3.8
11.3.9
11.3.10
11.3.11
11.4 PERFORMANCE BOND AND PAYMENT BOND
11.4.1 Except as may be otherwise agreed to in writing between Owner and
Contractor, Contractor shall prior to the Commencement of the Work provide
to Owner bonds covering the faithful performance of, and payment for, all the
Work consisting of labor, parts, or materials for that portion of the Work
consisting of (1) Electrical; (2) Mechanical; (3) Plumbing; (4) Steel; (5)
Concrete, (6) any other portion of the Work in excess of $100,000 provided by a
subcontractor; and (7) as otherwise agreed to by the Contractor and Owner, all
such bonds to be in amounts, form and substance approved by Owner in writing
and issued by companies fully licensed to do business in Nevada and approved by
Owner in writing.
11.4.2 Upon the request of any person or entity appearing to be a potential
beneficiary of bonds covering payment of obligations arising under the
Contract, the Contractor shall promptly furnish a copy of the bonds or shall
permit a copy to be made.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the Construction
Manager's or Architect's request or to requirements specifically expressed in
the Contract Documents, it must, if required in writing by either, be uncovered
for their observation and be replaced at the Contractor's expense without
change in the Contract Time or change in the date set for final completion set
forth in Paragraph 4.2 of the Agreement.
12.1.2 If a portion of the Work has been covered which the Construction Manager
or Architect has not specifically requested to observe prior to its being
covered, the Construction Manager or Architect may request to see such Work and
it shall be uncovered by the Contractor. If such Work is in accordance with the
Contract Documents, costs of uncovering and replacement shall, by appropriate
Change Order, be charged to the Owner. If such Work is not in accordance with
the Contract Documents, the Contractor shall pay such costs unless the condition
was caused by the
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISOR EDITION - AIA (R)(C)1992 - THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. Y
WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with permission of
the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A201/CMa-1992
USER DOCUMENT: FORM --12/20/1997.AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- Page #36
85
Owner or a separate contractor in which event the Owner shall be responsible
for payment of such costs.
12.2 CORRECTION OF WORK
12.2.1 The Contractor shall promptly correct Work rejected by the
Construction Manager or Architect or failing to conform to the requirements of
the Contract Documents, whether observed before or after Substantial Completion
and whether or not fabricated, installed or completed. The Contractor shall
bear costs of correcting such rejected Work, including additional testing and
inspections and compensation for the Construction Manager's, Architect's and
Garage Architect's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the
Work, or after the date for commencement of warranties established under
Subparagraph 9.9.1, or by terms of an applicable special warranty required by
the Contract Documents, any of the Work is found to be not in accordance with
the requirements of the Contract Documents, the Contractor shall correct it
promptly after receipt of written notice from the Owner to do so unless the
Owner has previously given the Contractor a written acceptance of such
condition. This period of one year shall be extended with respect to portions
of Work first performed after Substantial Completion by the period of time
between Substantial Completion and the actual performance of the Work. This
obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work
under the Contract and termination of the Contract. The Owner shall give such
notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which
are not in accordance with the requirements of the Contract Documents and are
neither corrected by the Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a
reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If
the Contractor does not proceed with correction of such nonconforming Work
within a reasonable time fixed by written notice from the Architect issued
through the Construction Manager, the Owner may remove it and store the
salvable materials or equipment at the Contractor's expense. If the Contractor
does not pay costs of such removal and storage within ten days after written
notice, the Owner may upon ten additional days' written notice sell such
materials and equipment at auction or at private sale and shall account for the
proceeds thereof, after deducting costs and damages that should have been borne
by the Contractor, including compensation for the Construction Manager's,
Architect's and Garage Architect's services and expenses made necessary
thereby. If such proceeds of sale do not cover costs which the Contractor
should have borne, the Contract Sum shall be reduced by the deficiency. If
payments then or thereafter due the Contractor are not sufficient to cover such
amount, the Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged
construction, whether completed or partially completed, of the Owner or other
Contractors caused by the Contractor's correction or removal of Work which is
not in accordance with the requirements of the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to
establish a period of limitation with respect to any obligations which the
Contractor might have under the Contract Documents including, without
limitation, obligations under this Paragraph 12.2. Establishment of the time
period of one year (or longer, if otherwise specified in the Contract
Documents) as described in Subparagraph 12.2.2 relates only to the specific
obligation of the Contractor to correct the Work, and has no relationship to
the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be
commenced to establish the Contractor's liability with respect to the
Contractor's breach of its obligations.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in accordance with
the requirements of the Contract Documents, the Owner may do so instead of
requiring its removal and correction, in which case the Contract Sum will be
reduced as appropriate and equitable. Such adjustment shall be effected whether
or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of the place where the
Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- PAGE #37
86
themselves, their partners, successors, assigns and legal representatives to
the other party hereto and to partners, successors, assigns and legal
representatives of such other party in respect to covenants, agreements and
obligations contained in the Contract Documents. Except as hereinafter
provided, neither party to the Contract shall assign the Contract as a whole
without written consent of the other. Provided lenders agree to pay Contractor
for all sums due and owing, notwithstanding anything to the contrary in this
Agreement, the Owner shall have the right to assign the Contract to a lender
for the purpose of obtaining financing for the construction and/or completion
of the Project and the Contractor agrees to (i) acknowledge and consent in
writing to such assignment, and (ii) acknowledge in writing, where the same is
true, that the Owner is not in breach of the Contract. The Contractor shall,
upon Owner's request, execute any instruments required by any lender to confirm
the foregoing consent and acknowledgement. If either party attempts to make
such an assignment without such consent, that party shall nevertheless remain
legally responsible for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 Written notice shall be deemed to have been duly served if delivered
in person to the individual or a member of the firm or entity or to an officer
of the corporation for which it was intended, or if delivered at or sent by
registered or certified mail to the last business address known to the party
giving notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract Documents and rights
and remedies available thereunder shall be in addition to and not a limitation
of duties, obligations, rights and remedies otherwise imposed or available by
law.
13.4.2 No action or failure to act by the Owner, Construction Manager,
Architect or Contractor shall constitute a waiver of a right or duty afforded
them under the Contract, nor shall such action or failure to act constitute
approval of or acquiescence in a breach thereunder, except as may be
specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the Work required by
the Contract Documents (including without limitation, the following sections of
the Project Manual and Addenda thereto: Sections 01400, 02200, 02220, 02480,
02511, 02520, 02523, 02665, 02700, 02810, 03100, 03200, 03300, 03386, 03411,
03455, 03522, 04810, 05120, 05210, 05510, 05520, 05810, 06410, 07130, 07185,
07240, 07260, 07320, 07530, 07620, 07815, 07840, 08336, 08410, 08520, 08630,
08800, 08910, 09310, 09330, 09340, 09638, 09720, 09900, 10210, 11400, 14201,
14240, 14245, 14310, 14420, 15010, 15050, 15055, 15173, 15300, 15301, 15411,
15420, 15440, 15486, 15500, 15510, 15545, 15555, 15680, 15710, 15935, 15970,
15980, 15990, 15995, 16113, 16120, 16121, 16321, 16350, 16361, 16390, 16425,
16430, 16450, 16461, 16470, 16577, 16611, 16614, 16622, 16670, 16721, 16950) or
by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided in
the Contract Documents, the Contractor shall make arrangements for such tests,
inspections and approvals with an independent testing laboratory or entity
acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor
shall give the Construction Manager and Architect timely notice of when and
where tests and inspections are to be made so the Construction Manager and
Architect may observe such procedures. The Owner shall bear costs of tests,
inspections or approvals which do not become requirements until after bids are
received or negotiations concluded.
13.5.2 If the Construction Manager, Architect, Owner or public authorities
having jurisdiction determine that portions of the Work require additional
testing, inspection or approval not included under Subparagraph 13.5.1, the
Construction Manager and Architect will, upon written authorization from the
Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the
Contractor shall give timely notice to the Construction Manager and Architect
of when and where tests and inspections are to be made so the Construction
Manager and Architect may observe such procedures. The Owner shall bear such
costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under
Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to
comply with requirements established by the Contract Documents, the Contractor
shall bear all costs made necessary by such failure including those of repeated
procedures and compensation for the Construction Manager's and Architect's
services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall,
unless otherwise required by the Contract Documents, be secured by the
Contractor and promptly delivered to the Construction Manager for transmittal
to the Architect.
13.5.5 If the construction Manager or Architect is to
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER - ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws
and is subject to legal prosecution. This document was electronically produced
with permission of the AIA and can be reproduced without violation until the
date of expiration as note below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- Page #38
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observe tests, inspections or approvals required by the Contract Documents, the
Construction Manager or Architect will do so promptly and, where practicable,
at the normal place of testing.
13.5.6 Tests or inspections conducted pursuant to the Contract Documents
shall be made promptly to avoid unreasonable delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Documents shall bear
interest from the date payment is due at such rate as the parties may agree
upon in writing or, in the absence thereof, at the legal rate prevailing from
time to time at the place where the Project is located.
13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
13.7.1 As between the Owner and Contractor:
.1 BEFORE SUBSTANTIAL COMPLETION. As to acts or failures to act
occurring prior to the relevant date of Substantial Completion, any
applicable statute of limitations shall commence to run and any
alleged cause of action shall be deemed to have accrued in any and
all events not later than such date of Substantial Completion;
.2 BETWEEN SUBSTANTIAL COMPLETION AND FINAL CERTIFICATE FOR PAYMENT. As
to acts or failures to act occurring subsequent to the relevant date
of Substantial Completion and prior to issuance of the final
Certificate for Payment, any applicable statute of limitations shall
commence to run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the date of
issuance of the final Certificate for Payment; and
.3 AFTER FINAL CERTIFICATE FOR PAYMENT. As to acts or failures to act
occurring after the relevant date of issuance of the final Certificate
for Payment, any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to have accrued in
any and all events not later than the date of any act or failure to
act by the Contractor pursuant to any warranty provided under
Paragraph 3.5, the date of any correction of the Work or failure to
correct the Work by the Contractor under Paragraph 12.2, or the date
of actual commission of any other act or failure to perform any duty
or obligation by the Contractor or Owner, whichever occurs last.
Insert AO: 13.8 EQUAL OPPORTUNITY
Insert AP: 13.8.1 The Contractor shall maintain policies of employment as
follows:
Insert AQ: 13.8.1.1 The Contractor and the Contractor's Subcontractors shall
not discriminate against an employee or applicant for employment because of
race, religion, color, sex or national origin. The Contractor shall take
affirmative action to insure that applicants are employed, and that employees
are treated during employment, without regard to their race, religion, color,
sex or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the policies of
nondiscrimination.
insert AR: 13.8.1.2 The Contractor and the Contractor's Subcontractors shall,
in all solicitations or advertisements for employees placed by them, or on their
behalf, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex or national origin.
Insert AS: 13.9 TERMINATION OF PROFESSIONAL DESIGN SERVICES
Insert AT: 13.9.1 Prior to termination of the services of the Garage
Architect, the Contractor shall identify to the Owner in writing another
architect with respect to whom the Owner has no reasonable objections, who will
provide the services originally to have been provided by the Garage Architect.
Insert AU: 13.10 IMMIGRATION REFORM CONTROL ACT
Insert AV: 13.10.1 All Contractors, Subcontractors and Sub-subcontractors must
adhere to the Immigration Reform Control Act of 1986 and shall maintain I-9
forms regarding all employees. It is not the Owner's obligation to insure
compliance with this law, however, the Owner reserves the right to inspect and
copy the Contractor's records in this regard upon request.
ARTICLE 14
TERMINATION OR SUSPENSION
OF THE CONTRACT
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISOR EDITION - AIA (R) - (C)1992 - THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292
Y WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject
to legal prosecution. This document was electronically produced with permission
of the AIA and can be reproduced without violation until the date of expiration
as noted below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES
ON 6/30/1998 -- PAGE #39
88
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contract may terminate the Contract if the Work is stopped for a
period of 30 days through no act or fault of the Contractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons performing
portions of the Work under contract with the Contractor, for any of the
following reasons:
.1 issuance of an order of a court or other public authority having
jurisdiction;
.2 an act of government, such as a declaration of national emergency,
making material unavailable;
.3 because the Construction Manager or Architect has not issued a
Certificate for Payment and has not notified the Contractor of the
reason for withholding certification as provided in Subparagraph
9.4.2, or because the Owner has not made payment on a Certificate
for Payment within the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the Owner as
described in Paragraph 14.3 constitute in the aggregate more than
100 percent of the total number of days scheduled for completion, or
120 days in any 365-day period, whichever is less; or
.5 the Owner has failed to furnish to the Contractor promptly, upon the
Contractor's request, reasonable evidence as required by Subparagraph
2.2.1.
14.1.2 If one of the above reasons exists, the Contractor may, upon seven
additional days' written notice to the Owner, Construction Manager and
Architect, terminate the Contract and recover from the Owner payment for Work
executed and for proven loss with respect to materials, equipment, tools, and
construction equipment and machinery, including reasonable overhead, profit and
damages.
14.1.3 If the Work is stopped for a period of 60 days through no act or
fault of the Contractor or a Subcontractor or their agents or employees or any
other persons performing portions of the Work under contract with the
Contractor because the Owner has persistently failed to fulfill the Owner's
obligations under the Contract Documents with respect to matters important to
the progress of the Work, the Contractor may, upon seven additional days'
written notice to the Owner, Construction Manager and Architect, terminate the
Contract and recover from the Owner as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly
skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in
accordance with the respective agreements between the Contractor and
the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or
orders of a public authority having jurisdiction; or
.4 otherwise is guilty of substantial breach of a provision of the
Contract Documents.
14.2.2 When any of the above reasons exist, the Owner; may without prejudice
to any other rights or remedies of the Owner and after giving the Contractor
and the Contractor's surety, if any, seven days' written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools,
and construction equipment and machinery thereon owned by the
Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem
expedient.
14.2.3 When the Owner terminates the Contract for one of the reasons stated
in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further
payment until the Work is finished.
14.2.4
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- PAGE #40
89
14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
14.3.1 The Owner may, without cause, order the Contractor in writing to
suspend, delay or interrupt the Work in whole or in part for such period of
time as the Owner may determine.
14.3.2 An adjustment shall be made for increases in the cost of performance
of the Contract, including profit on the increased cost of performance, caused
by suspension, delay or interruption. No adjustment shall be made to the extent:
.1 that performance is, was or would have been so suspended, delayed or
interrupted by another cause for which the Contractor is responsible;
or
.2 that an equitable adjustment is made or denied under another provision
of this Contract.
14.3.3 Adjustments made in the cost of performance may have a mutually
agreed fixed or percentage fee.
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AIA DOCUMENT A201/CMa - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -
CONSTRUCTION MANAGER-ADVISER EDITION - AIA (R) - (C) 1992 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.,
20006-5292 Y WARNING; Unlicensed photocopying violates U.S. copyright laws and
is subject to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
ELECTRONIC FORMAT A201/CMa-1992
USER DOCUMENT: FORM -- 12/20/1997. AIA LICENSE NUMBER 105525, WHICH EXPIRES ON
6/30/1998 -- PAGE #41
90
SUPPLEMENTARY CONDITIONS
The following supplements modify the "General Conditions of the Contract for
Construction, Construction Manager-Adviser Edition" AIA Document A201/CMa,
1992, which is attached to and made a part of that certain Standard Form of
Agreement Between Owner and Contractor where the basis of payment is the Cost
of the Work plus a Fee with or without a Guaranteed Maximum Price dated
December 21, 1997, entered into between The Resort at Summerlin Limited
Partnership, a Nevada limited partnership, as Owner, and J.A. Jones
Construction, as Contractor.
PARAGRAPH 10.1.1
Paragraph 10.1.1 shall be deleted and replaced with the following
language:
10.1.1 The Contractor shall be responsible for initiating,
maintaining, and supervising all safety precautions and programs in
connection with the performance of the Contract.
10.1.1.1 The Contractor shall take all precautions and follow all
procedures for the safety of, and shall provide all protection to
prevent injury to, all persons involved in any way in the Work and all
other persons, including, without limitation, the employees, agents,
guests, visitors, invitees and licensees of the Owner. These
precautions shall include, but in no event be limited to the:
a. Provisions of the Owner's Project Safety Policy/Handbook
described in Paragraph 11
b. Posting of danger signs and personal notification to all
affected persons of the existence of a hazard, of whatever
nature
c. Furnishing and maintaining of necessary traffic control
barricades and flagman services
d. Use or storage of required explosives or other hazardous
materials only under the supervision of qualified personnel
e. Maintenance of adequate quantities of hose and operable fire
extinguishers at the Work site
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10.1.1.2 The Contractor shall set forth in writing its safety precautions
and programs in connection with the Work, which will meet or exceed any and
all applicable laws, ordinances, rules, regulations, and orders of any
public, quasi-public, or other authority relating to the safety of persons
and their protection against injury, specifically including, but in no
event limited to the:
a. Federal Occupational Safety and Health Act of 1970, as amended,
and all rules and regulations now or hereafter in effect pursuant
to said Act
b. All codes, rules, regulations and requirements of the Owner and
its insurance carriers.
In the event of conflicting requirements, the more stringent shall govern.
10.1.1.3 All of the Work, and all equipment, machinery, materials, tools
and like items incorporated or used in the Work, shall be in compliance
with and conform to:
a. All applicable laws, ordinances, rules, regulations, and orders
of any public, quasi-public, or other authority relating to the
safety of persons and their protection against injury,
specifically including, but in no event limited to, the Federal
Occupational Safety and Health Act of 1970, as amended, and all
rules and regulations now or hereafter in effect pursuant to said
Act; and
b. All codes, rules, regulations and requirements of Owner and its
insurance carriers relating thereto.
In the event of conflicting requirements, the more stringent shall govern.
10.1.1.4 The Contractor shall provide a qualified and full-time safety
representative, who shall be assigned exclusively to the Project and whose
full-time responsibility shall be to enforce the Contractor's Safety and
Substance Abuse Programs, to assure compliance with Paragraph 10.1 and to
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prevent accidents. The Contractor shall require any other party performing
any of the Work to designate a responsible supervisory representative to
assist the Contractor's representative in the performance of his or her
duties. In addition, the Contractor shall require any party with more than
40 employees on the Project site to have a designated full-time employee,
who shall be assigned exclusively to the Project and whose exclusive
responsibility shall be to enforce the Contractor's Safety and Substance
Abuse Programs, to assure compliance with Paragraph 10.1 and to prevent
accidents.
10.1.1.5 Should the Contractor fail to provide a safe area for the
performance of the Work or any portion thereof, the Owner shall have the
right, but not the obligation, to suspend Work in the unsafe area. All
costs of any nature resulting from the suspension, by whomsoever incurred,
shall be paid by the Contractor.
10.1.1.6 The Contractor shall provide, or cause to be provided, each
worker performing work on the Work the proper safety equipment for the
duties being performed by that worker and will not permit any worker
performing work on the Work who fails or refuses to use the same.
10.1.1.7 The Contractor shall defend, indemnify, and hold Owner, and its
respective officers, directors, agents, employees, and assigns harmless
from and against any and all liability, public or private, penalties,
contractual or otherwise, losses, damages, costs, attorneys' fees,
expenses, causes of action, claims or judgments resulting either in whole
or in part from any failure of the Contractor or any person or entity
performing any of the Work, to comply with provisions of this Paragraph
10.1, including but not limited to all applicable laws, ordinances, rules,
regulations, and orders of any public, quasi-public, or other authority
relating to the safety of persons and their protection against injury,
specifically including, but in no event limited to, the Federal
Occupational Safety and Health Act of 1970, as amended, and all rules and
regulations now or hereafter in effect pursuant to said Act. The Contractor
shall not be relieved of its responsibilities under this paragraph 10.1
should
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Owner act or fail to act pursuant to any of its rights under this Contract,
nor shall the Owner hereby assume, nor be deemed to have assumed, any
responsibilities otherwise imposed on the Contractor by this Contract, by
virtue of providing the Owner's Safety Policies & Procedures, or any other
manner whatsoever.
10.1.1.8 The Contractor shall not raise as a defense to its obligation to
indemnify under the terms of paragraph 10.1.1.7 any contributing negligence
of any of those indemnified thereunder, it being understood and agreed that
no such contributing negligence shall relieve the Contractor from its
liability to so indemnify nor entitle the Contractor to any contribution,
either directly or indirectly, by those indemnified thereunder.
10.1.1.9 In any and all claims against those indemnified hereunder by any
employee of the Contractor or of any other person or entity performing any
of the Work, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification
obligation under Paragraph 10.1.1.7 shall not be limited in any way to any
limit on the amount or type of damage, compensation or benefits payable
under any Worker's Compensation Acts, Disability Benefit Acts or other
Employee Benefit Acts.
10.1.1.10 The Contractor agrees to comply with all present and future
applicable laws, ordinances, regulations, stipulations, rules, safety
plans, directives, orders, and requirements (including environmental ones)
of any public body or officer having jurisdiction over entry upon or use of
any sites of the Work or operations hereunder affecting land, water, air,
and the products thereof, which are now or may become applicable to
operations covered by this Contract or arising out of the performance of
such operations. The Contractor shall not, under any circumstances, cause
or allow, in connection with the Work to be performed herein, the
discharge, emission, release, or escape of any hazardous or toxic substance
and/or waste, pollutant, contaminant or other substance including asbestos
or polychlorinated biphenyl (PCB) or other hazardous
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substance including those defined in 42 U.S.C. Section 9601(14)
(hereinafter all called "contaminated media") in violation of laws,
ordinances, orders, rules, regulations, safety plans and requirements of
any governmental authority, and shall pay for all costs and damages
incurred as a result thereof. The Contractor agrees to report to the Owner,
Construction Manager and Architect (and appropriate governmental
authorities if caused or allowed by the Contractor) immediately all
accidents or occurrences resulting in actual or threatened damage to the
Work site or to the environment by contaminated media, including discovery
of accidents or occurrences in which contaminated media is or may be
encountered or which results in contaminated media.
PARAGRAPHS 10.2 THROUGH 10.6
Paragraphs 10.2 through 10.3 shall be deleted and replaced with the
following language:
10.2 PROTECTION OF WORK AND PROPERTY;
RESPONSIBILITY FOR LOSS
10.2.1 The Contractor shall, throughout the performance of the Work,
maintain adequate and continuous protection of all Work and temporary
facilities against loss of damage from whatever cause, shall protect the
property of the Owner and third parties from loss or damage from whatever
cause arising out of the performance of Work and shall comply with the
requirements of the Owner and its insurance carriers and with all
applicable laws, codes, rules and regulations with respect to the
prevention of loss or damage to property as a result of fire or other
hazards.
10.2.2 Until final completion of the Work, the Contractor shall have full
and complete charge and care of and, except as otherwise provided in this
subparagraph, shall bear all risk of loss of, and injury or damage to, the
Work or any portion thereof (specifically including Owner-furnished
supplies, equipment or other items to be utilized in connection with, or
incorporated in, the Work) from any cause whatsoever.
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10.2.3 The Contractor shall rebuild, repair, restore and make good all losses
of, and injuries or damages to, the Work or any portion thereof (specifically
including Owner-supplied, equipment or other items to be utilized in connection
with, or incorporated in, the Work) before final completion of the Work. Such
rebuilding, repair or restoration shall be at the Contractor's sole cost and
expense unless the loss, injury or damage requiring such rebuilding, repair or
restoration:
.1 Is directly due to errors in the Contract Documents which were not
discovered by the Contractor or which the Contractor could not have
discovered through the exercise of due diligence.
.2 Is caused by a hazard against which Owner is required to insure under
the provisions of the Owner Controlled Insurance Program described in
Paragraph 11.1 of this Contract, provided, however, that if the loss,
injury or damage would not have occurred but for the negligent act or
omission of the Contractor, and its Subcontractors or anyone directly
or indirectly employed by any of them or who performs any of the Work
or for whose acts any of them may be liable, the rebuilding, repair or
restoration shall be at the Contractor's cost and expense to the
extent of the deductible in said insurance.
10.3 SURFACE OR SUBSURFACE WATER
10.3.1 Surface or Subsurface water or other fluid shall not be permitted to
accumulate in excavations or under the structures. Should such conditions
develop or be encountered, the water or other fluid shall be controlled and
suitably disposed of by means of temporary pumps, piping, drainage lines and
ditches, dams or other methods approved in writing by the Owner. The proposed
location and coordination of temporary channels and conduits conducting
accumulated water from the site of the Work shall be submitted to the Owner for
its prior written approval. All such work shall be done at the sole expense of
the Contractor.
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10.4 EMERGENCIES
10.4.1 In any emergency affecting the safety of persons or property, or in the
event of a claimed violation of any Federal or State safety or health law or
regulation, arising out of or in any way connected with the Work or its
performance, the Contractor shall act immediately to prevent threatened damage,
injury or loss or to remedy said violation, whichever is applicable, failing
which Owner may immediately take whatever action it deems necessary including,
but not limited to, suspending the Work as provided in Paragraph 14.2 of this
Contract.
10.4.2 Owner may offset any and all costs or expenses of whatever nature,
including attorney's fees, paid or incurred by the Owner in taking such actions
against any sums then or thereafter due to the Contractor. Additional
compensation or extension of the time claimed by the Contractor on account of
an emergency shall be determined as provided in Paragraph 4.3 and Article 7.
10.5 CLEANUP
10.5.1 The Contractor shall at times keep the site of the Work clean and free
from accumulation of waste materials or rubbish (including, without limitation,
hazardous waste), caused by his performance of the Work, and shall continuously
throughout performance of the Work remove and dispose of all such materials
from the site of the Work and the Project.
10.5.2 The Owner may require the Contractor to comply with such standards,
means and methods of cleanup, removal or disposal as the Owner may make known
to the Contractor. In the event the Contractor fails to keep the site of the
Work clean and free from such waste or rubbish, or to comply with such
standards, means and methods, the Owner may take such action upon 24 hours
prior written notice and offset any and all costs or expenses of whatever
nature paid or incurred by the Owner in undertaking such action against any
sums then or thereafter due to the Contractor.
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10.6 OWNER'S STANDARDS
10.6.1 The Owner reserves the right, but assumes no duty, to establish and
enforce standards, and to change the same from time to time, for the protection
of persons and property, with which the Contractor shall comply, and to review
the efficiency of all protective measures taken by the Contractor. The
exercise of or failure to exercise any or all of these acts by the Owner shall
not relieve the Contractor of its duties and responsibilities under this
Contract, and the Owner shall not thereby assume, nor be deemed to have
assumed, such duties or responsibilities of the Contractor.
ARTICLE 11
INSURANCE AND BONDS
PARAGRAPHS 11.1, 11.2 AND 11.3
Paragraphs 11.1, 11.2, and 11.3 shall be deleted and replaced with the
following language:
11.1 OWNER CONTROLLED INSURANCE PROGRAM
11.1.1 As used in this Article 11, the following terms are defined as follows:
OCIP Administrator:
or such other administrator as Owner may select
Insured:
The Owner, Construction Manager, Contractors, Subcontractors and
Sub-subcontractors.
11.1.2 The Owner may or may not arrange for this Project to be insured under an
Owner Controlled Insurance Program (OCIP). If the Owner elects to arrange for
this Project to be insured under the OCIP, then the Owner shall provide
Worker's Compensation Insurance, General Liability Insurance and Builder's Risk
Insurance from the start of Work through final completion of the Work.
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11.1.3 The OCIP will provide insurance coverage for the Owner, Construction
Manager, Contractor, any Subcontractor and any Sub-subcontractor performing
Work at the Project site. Off-site operations shall be covered only if all
operations at such site are necessary and solely dedicated to the Project. It
is the responsibility of the Contractor to notify the OCIP Administrator and
Insurance Underwriter prior to any operations starting at such site to include
coverage for specified off-site operations.
11.1.4 All insurance underwriting payroll, rating or loss history information
requested of the Contractor, Subcontractors or Sub-subcontractors, by the Owner
or the Owner's OCIP Administrator must be provided within five (5) business
days of the request. At all times during the Contract, the Contractor and its
Subcontractors and Sub-subcontractors shall cooperate with the Owner and the
Owner's OCIP Administrator and OCIP insurers. After the Contractor,
Subcontractors and Sub-subcontractors are properly enrolled in the OCIP, the
OCIP Administrator will issue or have issued to the Contractor, Subcontractors
and Sub-subcontractors prior to their commencing Work on the Project site,
Certificates of Insurance evidencing the coverages arranged by the Owner.
11.1.5 The insurance premiums for the OCIP will be paid by the Owner. The
amount for all bid items must be inclusive of these insurance costs. The
Contractor will provide the Owner an estimate (to include policy data, backup
calculations, copies of declarative pages and rate schedules from general
liability, workers' compensation and excess liability insurance policies) of
the Contractor's, the Subcontractors' and the Sub-subcontractors' insurance
costs that the Owner has arranged for in the OCIP. The insurance cost estimate
must include costs for self-insurance programs, self-insured retention and
deductibles and must be a part of the Contractor's bid. The Contractor
represents the accuracy of the information used to calculate the insurance
costs and agrees that the Owner, the OCIP Administrator and/or the OCIP insurer
may audit the Contractor's records and insurance agreements to confirm the
accuracy of the information. The Contractor
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further represents and agrees that the Owner is entitled to and may determine
additional insurance costs involving additional Work on the part of the
Contractor, Subcontractors and Sub-subcontractors.
11.1.6 An Insurance Manual (Manual) is included with the Contract Documents and
is a part of the Contract. The Manual explains the OCIP and contains the forms
to be completed by the Contractor, Subcontractors and Sub-subcontractors. The
completed forms (OCIP-1 and OCIP-2) must be returned with the Contract bid. The
Initial Insurance Credit forms (OCIP-1 and OCIP-2) must include the estimated
insurance costs of the Contractor, the Subcontractors and the Sub-subcontractors
that will be removed from the total bid. The Insurance Manual also contains all
the administrative and claim reporting procedures. The Contractor agrees to and
will require that the Subcontractors and Sub-subcontractors also cooperate with
the OCIP Administrator in providing all the information as required in the
Insurance Manual.
11.1.7 A Project Safety Policy, which is Section 7.0 of the Insurance Manual,
establishes the minimum safety standards for the Project. The Safety
requirements in this Policy are a part of this Contract. The Contractor is
responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work.
11.2 OWNER PROVIDED INSURANCE
11.2.1 THE OWNER'S INSURANCE. Prior to commencement of the Work, the Owner, at
its option and cost, shall secure and, except as otherwise provided herein,
maintain at all times during the performance of this Contract the insurance
specified in Subparagraphs 11.2.2, 11.2.3, 11.2.4, 11.2.5 and 11.2.6 below, with
the Owner, Contractor, Subcontractors and such other persons or interests the
Owner may designate in connection with the performance of the Work as insured
parties and with limits not less than those specified below for each coverage.
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Vendors, suppliers, fabricators, materials dealers, drivers and others who
merely transport, pick-up, deliver or carry materials, personnel, parts or
equipment or any other items or persons to or from the Project site shall not be
included in OCIP.
11.2.2 Workers' Compensation Insurance in compliance with the Workers'
Compensation Laws of the State of Nevada.
Limits
Part One -- Workers' Compensation Statutory
11.2.3 General Liability Insurance (Excluding Automobile and Professional
Liability) in a form providing coverage not less than the standard Commercial
General Liability insurance policy (Insurance Services Office [ISO] Occurrence
Form 1993)
Limits
General Aggregate $4,000,000
Products/Completed
Operations Aggregate $4,000,000
Personal/Advertising
Injury Aggregate $2,000,000
Each Occurrence Limit $2,000,000
Fire Damage Legal
Liability (any 1 fire) $1,000,000
Medical Expense $5,000
Stop Gap Liability
(Employer's Liability) $1,000,000
THIS INSURANCE WILL NOT EXTEND COVERAGE FOR PRODUCTS LIABILITY TO ANY INSURANCE
PARTY, VENDOR, SUPPLIER, MATERIAL DEALER OR OTHERS FOR ANY PRODUCT MANUFACTURED,
ASSEMBLED OR OTHERWISE WORKED ON AWAY FROM THE PROJECT SITE.
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11.2.4 Umbrella (Excess) Liability Insurance with any excess umbrella layers
written on a strict following form basis over the primary umbrella.
Limits
Combined Single Limit $25,000,000
Each Occurrence
Project Aggregate $25,000,000
11.2.5 Builder's Risk Insurance is being negotiated and will be in the amount of
the initial contract sent with subsequent modifications for the entire Work at
the site.
a. Limits
Construction Value of
the Project $ TBD
b. Sublimits
Goods in Transit $ TBD
Off-Site Storage $ TBD
c. Deductibles (Tentative)
One-Site $10,000
Off-Site Storage $10,000
Transit $10,000
If the Owner does not intend to purchase such property insurance required by the
Contract, the Owner shall inform the Contractor in writing. The Contractor may
then secure insurance which will protect the interests of the Contractor,
Subcontractors and Sub-subcontractors in the Work. By appropriate Change Order,
the cost will be charged to the Owner.
11.2.6 If the property insurance requires minimum deductibles and such
deductibles are identified in the Contract Documents, the Contractor shall pay
costs not covered because of such deductibles. If the Owner or insurer increases
the required minimum deductibles above the amounts so identified or if the Owner
elects to purchase this insurance with voluntary deductible amounts, the Owner
shall be responsible for payment of the additional costs not covered.
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because of the increased or voluntary deductibles. If deductibles are not
identified in the Contract Documents, the Owner shall pay costs not covered
because of deductibles.
11.2.7 The Owner assumes no obligations to provide insurance other than that
evidenced by the policies referred to in 11.2:
THE FURNISHING OF SUCH INSURANCE BY THE OWNER SHALL IN NO WAY RELIEVE, OR LIMIT
OR BE CONSTRUED TO RELIEVE, OR LIMIT THE CONTRACTOR, SUBCONTRACTORS OR
SUB-SUBCONTRACTORS OF ANY RESPONSIBILITY OR OBLIGATION WHATSOEVER OTHERWISE
IMPOSED BY THIS CONTRACT.
11.3 ALTERNATIVE INSURANCE
11.3.1 In the event the Owner for any reason elects not to furnish or after
commencement of Work elects not to furnish or to continue to furnish the
insurance as specified in 11.2.2, 11.2.3, 11.2.4 and 11.2.5 and upon thirty (30)
days written notice from the Owner, the Contractor shall secure at the Owner's
cost and maintain such insurance specified in 11.3.2 and 11.3.3 below as may be
required by the Owner and shall cause all Subcontractors and Sub-subcontractors
to do likewise.
11.3.2 In the event the Contractor, Subcontractors or Sub-subcontractors have
been required to secure any insurance specified in 11.3.3 and 11.3.4 below, the
Owner shall no longer be obligated to furnish that part of the insurance
specified in 11.2.2, 11.2.4 or 11.2.5 above. All insurance secured by the
Contractor, Subcontractors or Sub-subcontractors pursuant to the Owner's
requirements under the provisions of 11.3 shall be in policies subject to the
Owner's approval as to form, content, limits of liability, cost and insurance
company.
11.3.3 Worker's Compensation Insurance in Statutory Limits of the Workers'
Compensation Laws of the State of Nevada.
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Limits
Part One - Workers' Compensation Statutory
11.3.4 General Liability Insurance (Excluding Automobile and Professional
Liability) in a form providing coverage not less than the standard Commercial
General Liability insurance policy (Insurance Services Office [ISO] Occurrence
Form 1993).
Limits
General Aggregate $2,000,000
Products/ Completed
Operations Aggregate $2,000,000
Personal/Advertising
Injury Aggregate $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Legal
Liability (any 1 fire) $1,000,000
Medical Expense $5,000
Stop Gap Liability $1,000,000
11.3.5 Umbrella (Excess) Liability Insurance with any excess umbrella layers
written on a strict following form basis over the primary umbrella.
Limits-Contractor
Combined Single Limit $25,000,000
Each Occurrence
Project Aggregate $25,000,000
Limits-Subcontractor and Sub-subcontractor
Combined Single Limit $10,000,000
Each Occurrence
Project Aggregate $10,000,000
11.3.6 The insurance required in Subparagraph 11.3.5 shall also include Stop
Gap (Employer's Liability) coverage in limits not less than the difference
between the limits specified in Subparagraph 11.3.3 and the limits in
Subparagraph 11.3.5.
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11.3.7 The Owner reserves the right to reduce the required limits of liability
of a Subcontractor or Sub-subcontractor based on the type and scope of Work
performed on-site.
11.4 CONTRACTOR PROVIDED INSURANCE
11.4.1 The Contractor will provide and require the Subcontractors and
Sub-subcontractors to also provide and maintain insurance of the type and in
limits as set forth below. Such insurance shall name the appropriate parties
as insureds and shall be in a form and from insurance companies acceptable to
the Owner. The insurance required by the Owner may be provided in policy or
policies, primary and excess, including the umbrella or catastrophe form. The
limits of liability shall be as stated below, unless prior to start of any
Work, written approval is granted by the Owner for variance from those limits.
11.4.2 Each liability policy required of the Contractor, the Subcontractors or
the Sub-subcontractors will name as additional insureds; the Owner, Architect,
and Construction Manager, their respective parent companies, the subsidiary,
related and affiliated companies of each, and any additional entities as the
Owner may be required to be named pursuant to any lease or contract as it
relates to the Contract. The Additional Insured endorsement, equivalent to
ISO form 2010 11/85 edition date, will state that the coverage provided to the
additional insureds is primary and non-contributing with any other insurance
available to the additional insureds.
11.4.3 Commercial Automobile Liability Insurance in a form providing coverage
not less than the standard commercial Automobile Liability form.
Limits
Combined Single Limit $1,000,000
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11.4.4 Workers' Compensation Insurance for operations AWAY FROM THE PROJECT
SITE of the Contractor and the Subcontractors in Statutory Limits of the
Workers' Compensation Laws of the State of Nevada.
a. Limits-Contractor
Part-One - Workers' Compensation Statutory
b. Limits-Subcontractors
Part One - Workers' Compensation Statutory
11.4.5 Aircraft Liability Insurance on any kind of aircraft used by the
Contractor, any Subcontractor, any Sub-subcontractor or by anyone else on their
behalf. The Contractor shall maintain or cause the operator of any such
aircraft to maintain aircraft public liability insurance including bodily
injury, property damage and passenger liability, as respects any aircraft
owned, used, operated or hired in connection with the Work by the Contractor,
Subcontractor, Sub-subcontractor or anyone else.
Limits
Bodily Injury, Property Damage and Passenger Liability $10,000,000
11.4.6 General Liability Insurance for operations away from the Project site of
the Contractor and Subcontractors and Sub-subcontractors (including products
liability for any product manufactured, assembled or otherwise worked on away
from the Project site) in a form providing coverage not less than the standard
Commercial General Liability Insurance policy ("Occurrence Form").
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a. Limits-Contractor
General Aggregate $4,000,000
Products/Completed
Operations Aggregate $4,000,000
Personal/Advertising
Injury Aggregate $2,000,000
Each Occurrence Limit $2,000,000
Fire Damage Legal
Liability (any 1 fire) $ 100,000
Medical Expense $ 5,000
Stop Gap Liability $1,000,000
b. Limits-Subcontractor
General Aggregate $2,000,000
Products/Completed
Operations Aggregate $2,000,000
Personal/Advertising
Injury Aggregate $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Legal
Liability (any 1 fire) $ 100,000
Medical Expense $ 5,000
Stop Gap Liability $ 500,000
11.4.7 The Contractor shall require that the Contractor's, Subcontractors' and
Sub-subcontractors' vendors, suppliers, material dealers and others who merely
transport, pick-up, deliver or carry materials, personnel, parts or equipment or
any other items or persons to or from the Project site to maintain the following
insurance:
.1 WORKERS COMPENSATION INSURANCE in statutory limits of the Workers'
Compensation Laws of the State of Nevada covering operations of the party
required to furnish the same performed in connection with the Work at the
Project site.
.2 COMMERCIAL AUTOMOBILE LIABILITY INSURANCE covering all owned, non-owned
and hired automobiles, trucks and trailers of the respective parties
required to provide and maintain this insurance. Such insurance shall
provide coverage not less than the Standard Comprehensive Automobile
Liability
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policy in limits not less than $1,000,000 Combined Single Limit.
.3 GENERAL LIABILITY INSURANCE for all operations (including products
liability for any product manufactured, assembled or otherwise worked on
away from the Project site) in a form providing coverage not less than that
of Standard Commercial General Liability Insurance policy ("Occurrence
Form") for operations of the party required to furnish same, including
hazards of operations (including explosion, collapse and underground
coverage), elevators, independent contractors, products and completed
operations, for two (2) years after Final Completion of the Work and
acceptance by the Architect and the Owner and final payment has been made,
with contractual liability coverage for any contracts related to the Work
and personal injury liability coverage for claims arising out of the Work
for personal injury, bodily injury and property damage in policy or
policies of insurance such that the total available limits combined shall
not be less than $1,000,000 per occurrence, $2,000,000 general aggregate
limit and $2,000,000 aggregate products and completed operations. In
addition, form must include $1,000,000 limit for Stop Gap Liability.
11.5 CONTRACTOR OPERATIONS
11.5.1 Contractor shall not violate or knowingly permit to be violated any
conditions of the policies of insurance provided by the Owner under the terms
of this Article 11. All requirements imposed by the policies referred to as
above upon, and to be performed by Contractor shall likewise be imposed by the
Contractor on, assumed and performed by each of the Subcontractors and
Sub-subcontractors. The Contractor agrees and will require each Subcontractor
and Sub-subcontractor to agree to keep and maintain an accurate and classified
record of its payroll data and information in accordance with the requirements
of the insurance company or companies and to permit its books
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and records to be examined and audited periodically by the insurance company or
companies, the Owner or their respective representatives.
11.5.2 Prior to start of Work, the Contractor shall furnish and cause the
Subcontractors and Sub-subcontractors to furnish to the Owner or its designee,
in a form satisfactory to the Owner, an estimate of labor cost (listed by
Standard Workers' Compensation Insurance classification) to be incurred in
connection with the Work at the Project Site by each Subcontractor and
Sub-subcontractor, and the total price due each Subcontractor and
Sub-subcontractor under its contract. Each insurance policy to be maintained
under Article 11.3 shall name as Additional Insureds the Owner, its
subsidiaries, related and affiliated companies and the officers, directors,
agents, employees and assigns. Contractor shall furnish each bidding and
negotiating Subcontractor, vendor, supplier, material dealer or other party a
copy of this Article 11 Insurance Contract Language and shall make the same
requirement of all with respect to their subcontracting or procurement
procedures.
11.6 NOTICES, COSTS, LOSSES
11.6.1 All policies of insurance the Contractor, Subcontractors,
Sub-subcontractors or the Owner are required under the terms of this Agreement
to secure and maintain shall be endorsed to provide that the insurance company
shall notify the Owner, Contractor, and the Named Insured, at least sixty (60)
days prior to the effective date of any cancellation or modification of such
policies. Prior to the date on which Contractor or any Subcontractor or any
Sub-subcontractor commences performance of its part of the Work, Contractor
shall cause to be furnished to the Owner Certificates of Insurance maintained
by Contractor and each Subcontractor and Sub-subcontractor in connection with
the performance of the Work. As and when the Owner may direct, copies of the
actual insurance policies or
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renewals or replacements thereof shall be submitted to the Owner.
11.6.2 In the event of any failure by Contractor to comply with the
provisions of this Article 11, the Owner may, at its option, on notice to
Contractor, suspend the Contract for Cause until there is full compliance with
this Article 11 or terminate the Contract for cause.
11.6.3 The cost of the insurance specified above to be obtained by the Owner
will be paid for by the Owner, and the Owner shall receive and pay, as the case
may be, all adjustments in such costs, whether by way or dividends or
otherwise. Contractor shall execute such instruments or assignment as may be
necessary to permit the Owner's receipt of such adjustments and shall cause all
Subcontractors and Sub-subcontractors covered by such insurance to do the same.
11.6.4 The cost of any losses sustained because of clauses that specify
deductible amounts in any of the insurance policies furnished by the Owner
shall be paid by the Contractor.
11.6.5 Payments by the insurer for all losses covered under the Builder's
Risk policy as specified in 11.2.5 will be made to the Owner, for the interest
of all parties.
11.7 SUBROGATION AND WAIVER (CONTRACTOR PROVIDED INSURANCE COVERAGES)
11.7.1 The Contractor shall require all policies of insurance that are
related to the Work and are secured and maintained by the Contractor, any
Subcontractor or any Sub-subcontractor to include clauses providing that each
insurance underwriter shall waive all its rights of recovery, under subrogation
or otherwise, against the Owner, the Contractor, separate Contractors, the
Subcontractors and the Sub-subcontractors. The Contractor waives all rights of
recovery against the Owner, separate Contractors, the Subcontractors and the
Sub-subcontractors
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which Contractor may have or acquire because of deductible clauses in or
inadequacy of limits of any policies of insurance that are in any way related
to the Work and that are secured and maintained by the Contractor. The
Contractor shall require the Subcontractors and Sub-subcontractors to waive the
right of recovery (as aforesaid waiver by Contractor) against the Owner,
Contractor, separate Contractors and the Subcontractors and Sub-subcontractors.
11.8 COVERAGES
11.8.1 The coverages referred to above are set forth in full in the
respective policy forms, and the foregoing descriptions of such policies are
not intended to be complete or to alter or amend any provision of the actual
policies and in matters, if any, in which the said description may be
conflicting with such instruments, the provisions of the policies of the
insurance shall govern.
11.9 MISCELLANEOUS
11.9.1 Nothing contained in Article 11 shall relieve the Contractor, the
Subcontractors and the Sub-subcontractors of their respective obligations to
exercise due care in the performance of their duties in connection with the
Work and complete the Work in strict compliance with the Contract.
11.9.2 When separate contracts are awarded in accordance with 11.6.1 above,
an insurance exhibit similar to this Article 11 shall be included. Each
separate contractor and its Subcontractors will be an insured under the
insurance secured and maintained by the Owner in accordance with 11.2.
11.10 CONTRACTORS'S EQUIPMENT INSURANCE
11.10.1 With respect to Contractor's operations, the Contractor, the
Subcontractors and Sub-subcontractors, at their option, shall purchase,
maintain and pay for an equipment floater on all construction trailers,
machinery, tools, equipment and other similar property and any deductible
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shall be for the account of Contractor. The policy shall contain a waiver of
subrogation endorsement. This insurance coverage shall be the sole recovery for
any loss covered by such insurance. In the event the Contractor, any
Subcontractor or any Sub-subcontractor self-insures, they also waive their
right of recovery against Owner, and Contractor shall require all
Subcontractors and Sub-subcontractors to so agree.
11.11 ADDITIONAL INSURANCE COVERAGE
11.11.1 The Contractor agrees for its own account, and further agrees that
all subcontracts shall specify that, if broader coverage than is provided
under this Article 11, or if higher limits are deemed necessary by the
Contractor, the Contractor has either affirmatively elected to self assume the
exposure or purchase additional insurance coverage, the additional cost of such
shall, under no circumstances, be reimbursed directly or indirectly by the
Owner.
11.12 RELEASE AND WAIVER
11.12.1 The Contractor hereby releases, and shall cause the Subcontractors,
Sub-subcontractors and suppliers to release, the Owner, Owner's partners,
parent companies and affiliates of the Owner and any partner, Construction
Manager, Architect and the directors, officers, shareholders, employees and
agents of the above-mentioned parties (the "Released Parties") from any and all
claims or causes of action whatsoever with Contractor and/or such parties might
otherwise possess resulting in or from or in any way connected with any loss
covered or which should have been covered by insurance, including the
deductible portion thereof, maintained and/or required to be maintained by
Contractor and/or the Subcontractors and/or the Sub-subcontractors and/or
suppliers pursuant to the Contract.
11.12.2 This release is further intended to bind Contractor's insurers
providing the insurance coverages stated in 11.3 and 11.4. The Contractor
agrees to inform and obtain permission from its insurers, and further agrees to
require the Subcontractors, Sub-subcontractors and suppliers to inform and
obtain permission from their
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insurers, to release the Released Parties from any and all claims or causes of
action as provided above, so as to effectively waive any subrogation rights of
said insurers.
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EXHIBIT 7
114
Activity Activity Early
ID Description Start
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LOWRISE STRUCTURES
L0105 Release Structural Steel Mill Order 22DEC97*
L0100 Receive Grading Permit 05JAN98*
L0117 Structural Drawing Completion 05JAN98*
L0112 Receive Foundation Permit 19JAN98*
L0110 Receive Building Permit 02FEB98*
L0116 Receive Kitchen Layout Drawings 02MAR98*
L0115 Release Steel for Fabrication 05MAR98
L0120 Structural Steel Erection 16APR98
L0145 Receive FFE layout Drawings 17APR98
L0125 Commence Exterior Finishes 18JUN98
L0130 Commence Interior Finishes 23JUL98
L0142 Lo-Rise-Receive Building T.C.O. 05FEB99*
L0140 Owner Delivery FFE items 08FEB99
L0135 Substantial Completion 02APR99
HOTEL #1
H0100 Receive grading Permit 05JAN98*
H0117 Receive Foundation Permit 19JAN98*
H0110 Receive Building Permit 02FEB98*
H0115 Superstructure Construction 03FEB98
H0135 Receive FFE layout Drawings 04MAR98
H0120 Commence Exterior Finishes 16MAR98
H0125 Commence Interior Finishes 07APR98
H0126 Hotel #1-Receive Building T.C.O. 05FEB99*
H0128 Owner Delivery FFE items 08FEB99
H0130 Substantial Completion 02APR99
HOTEL #2
T0100 Release to utilize Borrow Soils 05JAN98*
T0117 Receive Foundation Permit 30MAR98*
T0110 Receive Building Permit 01MAY98*
T0115 Superstructure Construction 04MAY98
T0140 Receive FFE layout drawings 05MAY98
T0120 Commence Exterior Finishes 15JUN98
T0125 Commence Interior Finishes 13JUL98
T0132 Hotel #2-Receive Building T.C.O. 05MAR99*
T0130 Owner Deliver FFE items 08MAR99
T0135 Substantial Completion 02APR99
PARKING GARAGES
Project Start 15DEC97 Early Bar
Project Finish 02APR99 Progress Bar
Data Date 22DEC97 Critical Activity
Plot Date 22DEC97
Primavera Systems, Inc.
1998 1999
----------------------------------------------- -----------------------------
D JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL A
Release Structural Steel Mill Order
Receive Grading Permit
Structural Drawing Completion
Receive Foundation Permit
Receive Building Permit
Receive Kitchen Layout Drawings
Release Steel for Fabrication
Structural Steel Erection
Receive FFE layout Drawings
Commence Exterior Finishes
Commence Interior Finishes
Lo-Rise-Receive Building
T.C.O.
Owner Delivery FFE Items
Substantial
Completion
Receive grading Permit
Receive Foundation Permit
Receive Building Permit
Superstructure Construction
Receive FFE layout Drawings
Commence Exterior Finishes
Commence Interior Finishes Hotel #1-Receive Building
T.C.O.
Owner Delivery FFE Items
Substantial
Completion
Release to utilize Borrow Solls (Pad & Basement)
Receive Foundation Permit
Receive Building Permit
Superstructure Construction
Receive FFE layout drawings
Commence Exterior Finishes
Commence Interior Finishes
Hotel #2-Receive
Building T.C.O.
Owner Deliver FFE
Items
Substantial
Completion
Sheet 1 of 2
J.A. Jones Construction
The Resort at Summerlin
Contract Schedule Milestone
115
ACTIVITY ACTIVITY EARLY 1998 1999
ID DESCRIPTION START D JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL A
P0000 Planning Design Approval 22DEC97 PLANNING DESIGN APPROVAL
P0100 Submit Drawings to Plan Check 23DEC97* SUBMIT DRAWINGS TO PLAN CHECK
P0110 Receive Structure Permit 29APR98 RECEIVE STRUCTURE PERMIT
P0115 Structure Construction 07MAY98 STRUCTURE CONSTRUCTION
P0120 Substantial Completion 04NOV98 SUBSTANTIAL COMPLETION
- --------------------------------------------------------------------------------------------------------------------------------
SITEWORK
S0000 Finalize Hotel #2 Area Re-Design 22DEC97 FINALIZE HOTEL #2 AREA RE-DESIGN
S0100 Receive Grading Permit 05JAN98* RECEIVE GRADING PERMIT
S0110 Commence Site Utilities 02MAR98 COMMENCE SITE UTILITIES
S0115 Landscape Irrigation at Paving 17MAR98 LANDSCAPE IRRIGATION AT PAVING
S0145 Delivery of Parking lot Trees 17MAR98 DELIVERY OF PARKING LOT TREES
S0120 Commence Parking Area Paving 01APR98 COMMENCE PARKING AREA PAVING
S0135 Commence Waterfeatures 07SEP98* COMMENCE WATERFEATURES
S0125 Commence Site Hardscape 01DEC98* COMMENCE SITE HARDSCAPE
S0130 Landscape Irrigation/Planting 02DEC98 LANDSCAPE IRRIGATION/PLANTING
S0150 Delivery of Landscape Trees 02DEC98 DELIVERY OF LANDSCAPE TREES
S0140 Substantial Completion 02APR99 SUBSTANTIAL COMPLETION
SHEET 2 OF 2
116
Rider to the Construction Agreement
Between the Resort at Summerlin
And J.A. Jones Construction dated
December 22, 1997
Notwithstanding anything to the contrary in the agreement between the
Resort at Summerlin ("Owner") and J.A. Jones Construction ("Contractor") dated
December 22, 1997 (the "Contract"), Owner and Contractor agree that this Rider
shall take precedence over anything in the form of Agreement (AIA-A111-1987) or
the General Conditions (AIA-A201-CM-1992) or any exhibits annexed thereto or
incorporated therein by reference, and further agree as follows:
1. The term "Contractor" as set forth in the Contract shall be
modified to and the term "Construction Manager") substituted in its place.
2. The term "Subcontract" as set forth in the Contract shall be
modified to and the terms "Trade Contract" or "Trade Contractor" respectively
shall be substituted in their place.
3. Owner hereby grants to Contractor the authority to act for and
execute all Subcontracts and purchase orders as agent for and on behalf of the
Owner (as a disclosed principal). Contractor shall include in all Subcontracts
(and purchase orders) a provision requiring Subcontractor(s) to acknowledge and
agree that Contractor has executed such documents as agent for and on behalf of
Owner, that Contractor shall be under no obligation to pay the Subcontractor
except and to the extent. Contractor has actually received funds from the Owner
for Subcontractors' work, and that Subcontractor is relying upon the credit of
the Owner and not the credit of the Contractor in executing the Subcontract.
4. In view of the terms set forth in the Contract regarding
Contractor's responsibility for the Substantial Completion, Liquidated Damages,
Guaranteed Maximum Price and Warranty of the Work, in the event the acts,
omissions, defauks or wrongful conduct of the Subcontractor(s) causes any cost,
damage, liability, or expense to Contractor for which Contractor shall be
liable to Owner under the Contract, Owner shall assign such Subcontract, or any
portion thereof, or any cause of action arising thereunder, or execute any
document evidencing Contractor's rights in subrogation, or any other documents
necessary to permit Contractor to pursue recovery from the appropriate
Subcontractor(s) for any such cost, damage, liability or expense. In
furtherance of the foregoing, Contractor shall be a named third party
beneficiary of all Subcontracts, shall be co-obligee on any Subcontractor
payment/performance bonds, and be beneficiary and be any guaranty or warranty
provided by the Subcontractors. Additionally, Contractor shall be entitled to
change orders adjusting the Guaranteed Maximum Price and time extension in
connection with the Work consistent with the Contract (irrespective of the
agency authority delegated by Owner).
117
5. Promptly after execution of the Contract, Contractor shall
propose and submit to Owner its standard form Trade Contract for Owner's review
and approval (which shall not be unreasonably withheld).
6. Except as set forth herein, all other liabilities and
responsibilities of Owner and Contractor shall remain unchanged by this Rider;
it being that the Contract shall be modified after execution hereof to reflect
the changes described herein, both explicit and implicit.
- ------------------------------- ---------------------------------
The Resort at Summerlin J.A. Jones Construction Inc.
118
OUTLINE
SPECIFICATIONS
FOR
THE RESORT
AT
SUMMERLIN
PARKING STRUCTURE
LAS VEGAS NEVADA
CONTRACTOR
J.A. JONES CONSTRUCTION
ARCHITECT
KRACOR, INC.
8-26-97
THE RESORT AT SUMMERLIN
PARKING STRUCTURE
- --------------------------------
WALTER J. KRAMER JR.
REGISTERED
No. 2530
8-26-97
ARCHITECT
* STATE OF NEVADA *
- --------------------------------
119
THE RESORT AT SUMMERLIN - PARKING STRUCTURE
Issue Date 8-6-97
Table of Contents
TC - 1
TABLE OF CONTENTS
SPECIFICATIONS
Issue or
Last
Revision
Pages Date
DIVISION 1 - GENERAL REQUIREMENTS
00700 General Conditions 26 8/6/97
01010 Summary of Work 1 8/6/97
01015 Definitions 2 8/6/97
01060 Regulatory Requirements 1 8/6/97
01070 Abbreviations 3 8/6/97
01090 Reference Standards 1 8/6/97
01200 Project Meetings 3 8/6/97
01300 Submittals 5 8/6/97
01400 Quality Control 5 8/6/97
01410 Testing and Inspection Service 2 8/6/97
01500 Construction Facilities and Temporary Controls 2 8/6/97
01600 Materials and Equipment 3 8/6/97
01700 Contract Closeout 4 8/6/97
01740 Warranties 3 8/6/97
DIVISION 2 - SITEWORK
02020 Existing Conditions 1 8/6/97
02200 Earthwork for Structures 7 8/6/97
02222 Excavation 2 8/6/97
02225 Utility Trenching, Backfilling, & Compation 7 8/6/97
02110 Site Clearing 3 8/25/97
02510 Asphaltic Concrete Paving 10 8/6/97
02514 Portland Cement Concrete Paving 7 8/6/97
02578 Pavement Markings and Bumpers 1 8/25/97
02580 Traffic Control Markings 5 8/6/97
02586 Concrete Curbs, Gutters, and Sidewalks 6 8/6/97
DIVISION 3 - CONCRETE
03100 Forms 4 8/6/97
03200 Reinforcing Steel 3 8/6/97
03300 Concrete 9 8/6/97
03345 Concrete Finishing 4 8/6/97
03350 Site Concrete 10 8/25/97
03410 Structural Precast Concrete 11 8/6/97
THE RESORT AT SUMMERLIN
PARKING STRUCTURE
TABLE OF CONTENTS
120
TABLE OF CONTENTS
TC - 2
Issue or
Last
Revision
Pages Date
DIVISION 4 - MASONRY
04220 Concrete Unit Masonry 4 8/6/97
DIVISION 5 - METALS
05120 Structural Steel 8 8/6/97
05510 Metal Stairs 3 8/6/97
DIVISION 6 - WOODS AND PLASTICS
Not Applicable
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07710 Membrane Waterproofing 3 8/25/97
07900 Caulking and Sealants 2 8/6/97
DIVISION 8 - DOORS AND WINDOWS
Not Applicable
DIVISION 9 - FINISHES
09900 Painting 12 8/6/97
DIVISION 10 - SPECIALTIES
10200 Louvers and Vents 5 8/25/97
10400 Signage 2 8/25/97
10520 Fire Extinguisher, Cabinets, and Accessories 2 8/25/97
11850 Parking Control Equipment 7 8/26/97
DIVISION 11 - EQUIPMENT
Not Applicable
DIVISION 12 - FURNISHINGS
Not Applicable
THE RESORT AT SUMMERLIN
PARKING STRUCTURE
TABLE OF CONTENTS
121
TABLE OF CONTENTS
TC - 3
Issue or
Last
Revision
Pages Date
DIVISION 13 - SPECIAL CONSTRUCTION
Not Applicable
DIVISION 14 - CONVEYING SYSTEMS
14200 Hydraulic Elevators 11 8/26/97
DIVISION 15 - FIRE PROTECTION
15510 Fire Sprinkler System 5 8/26/97
END OF TABLE OF CONTENTS
THE RESORT AT SUMMERLIN
PARKING STRUCTURE
TABLE OF CONTENTS
122
[LOGO]
PAUL STEELMAN LTD.
ARCHITECTURE PLANNING
3330 W. Desert Inn Rd. Las Vegas, NV 89102
(702) 873-0221 FAX (702) 367-3565
THE RESORT AT SUMMERLIN
ISSUED FOR CONTRACT
ADDENDUM #10
DECEMBER 10, 1997
ARCHITECT'S CLARIFICATIONS
The following items shall be included in the Guaranteed Maximum Price:
GENERAL
Site irrigation specification per Summerlin Landscape Design Standard.
Provide exit signs as required by code.
Delete VFD at Chiller #1.
Use stainless steel basin and galvanized construction at cooling towers.
Use vertical stacked fan coil units (four pipe). Eliminate conduit to
Thermostat.
Delete steam system, replace with electric.
Delete waterside heat exchanger.
Use 65% efficient filters at Casino air handlers.
Eliminate pressure relief fans, use auto dampers & relief hoods.
Eliminate plug valves at pumps in Central Plant.
Delete cooling tower bypass & valve.
Use higher kw/ton chillers, eliminate refrigerant recovery system.
Provide adequate smoke/fire damper system.
Provide OSA induced draft fans for fan coils in basement.
Provide adequate branch piping sizes for Fan coil CHS/R, HWS/R.
Provide adequate HVAC and plumbing at Putter's Lounge, Pool Bar and Pool Boy
buildings.
Provide adequate circulating pump sizes for pool heating system.
123
Provide exhaust fan for boiler room.
Provide correct penthouse sizes for main AHU rooftop OSA.
Provide adequate reheat piping for 2nd floor Health Spa.
Provide reheat boxes for 1st floor Health Spa.
Provide adequate HVAC at Spa Director's Office.
Provide adequate ductwork for Spa Exercise area.
Provide adequate plumbing for Styling Salon.
Provide adequate plumbing at all roof drains.
Provide adequate plumbing at all kitchens.
Provide aluminum feeders.
Substitute Gardco for Beta lighting fixture.
Include putting green.
Include annunciator Panels in three locations: one in each hotel tower and one
in the lowrise. Exact locations to be determined.
Allow for project-wide energy management system to be provided. Novar or equal.
Substitute mesh for guardrail at all fire stairs.
Raise elevation of surface lot adjacent to Garage.
Use MDF moldings in lieu of Poplar moldings throughout.
Provide 4-ply built-up roofing plus adequate insulation in lieu of single ply.
LOWRISE
For insulation substitute R-19 Unfaced batts at exterior walls, Fiberglas sound
batts at soundwalls, 1" rigid insulation at Putter's Lounge, R-30 unfaced batts
at roof of Putter's Lounge, Pool Bar and Pool Boy.
Substitute conduit for cable tray.
Eliminate Skylight at Retail Link.
Eliminate movable glass partitions @ Health Spa terrace.
Add windows at Employee Dining Room.
Add non smoking partition @ EDR. Provide adequate ventilation.
Add windows at Executive offices.
124
Add TV kiosk @ center of Casino round bar, include millwork and electrical
service.
Upgrade space in Lifestyles Center, Restaurant and other tenant areas to "lease
ready condition". This includes electrical distribution panels, air handlers,
domestic hot water, sanitary, and kitchen steam to accommodate tenant
requirements, empty conduit in the ceiling space. Restaurant hood placement to
be determined. A fire sprinkler grid with turned up heads above all tenant
areas. Rough-ins for public toilets.
Add one fire exiting corridor at lifestyles center as required by code.
Allow for seals at loading dock.
Allow for additional lighting requirements for live trees at Buffet.
HIGHRISE #1
For insulation substitute R-19/R-11 Unfaced batts at exterior walls, Fiberglas
sound batts at soundwalls, R-19 unfaced batts under clay tile roof.
Relocate exterior Highrise stair to interior.
Eliminate fireplaces at Highrise presidential suite (Suite G).
Include adequate waterproofing and scuppers at roof parapets.
Reduce scope of central tower per rendering.
Eliminate conduit for mirror mounted sconce at typical bathroom.
Eliminate pergola roof lighting @ end towers.
Move communicating door from column assembly to foyer demising wall.
Replace "A" room with "B" room as it adjoins all "F" suites.
Add bulkhead/valence at typical room.
Move bar @ typical room to demising wall.
HIGHRISE #2
As per narrative. A boiler room and heat exchangers will be required. Location
to be determined.
125
PROJECT MANUAL
VOLUME I-A (DOCUMENTS 00 THRU DIVISION 05)
FOR
THE RESORT AT SUMMERLIN
HOTEL, CASINO & ENTERTAINMENT COMPLEX
LAS VEGAS, NEVADA
PROJECT NO. 95255
ISSUED FOR CONTRACT
DECEMBER 10, 1997
OWNER
THE RESORT AT SUMMERLIN, L.P.
THE RESORT AT SUMMERLIN, INC. (GENERAL PARTNER)
3330 West Desert Inn Road, Unit # 5
Las Vegas, NV 89102
ARCHITECT INTERIOR DESIGN
Paul Steelman, Ltd Paul Steelman Interiors
3330 W. Desert Inn Road 3330 W. Desert Inn Road
Las Vegas, NV 89102 Las Vegas, NV 89102
STRUCTURAL ENGINEER ELECTRICAL ENGINEER MECHANICAL ENGINEER
Martin & Peltyn, Inc. Morris Engineering, Inc. AE Associates
1909 South Jones Blvd. 3711 Regulus Drive 444 E. Warm Springs Road
Las Vegas, NV 89102 Las Vegas, NV 89102 Las Vegas, NV 89119
CIVIL ENGINEER LANDSCAPE ARCHITECT CULINARY
Martin & Martin, Inc. Lifescapes International Inc. FSA Design
1909 South Jones Blvd. 4930 Campus Drive 300 Corporate Pointe
Las Vegas, NV 89102 Newport Beach, CA 92660 Culver City, CA 90230
ACOUSTICS WATER FEATURES FIRE/LIFE SAFETY
Pelton Marsh Kinsella STO Design Group, Inc. Rolf Jensen & Associates
1420 W. Mockingbird Ln. 2500 Redhill Ave. 2125 Oak Grove Road
Dallas, TX 75247 Santa Ana, CA 92705 Walnut Creek, CA 94598
126
TABLE OF CONTENTS
VOLUME I-A - DOCUMENTS 00 AND DIVISION 05
ISSUED: REVISED
DOCUMENTS 00 - INFORMATION, BIDDING, AND CONTRACT REQUIREMENTS
00100 - BID SOLICITATION 06-04-97 06-26-97
00200 - INSTRUCTIONS TO BIDDERS (AIA DOCUMENT A701) 07-17-97
00300 - INFORMATION AVAILABLE TO BIDDERS
(SUBSURFACE INVESTIGATION REPORT) 06-04-97
00410 - BID FORM 07-17-97 08-29-97
00430 - SUPPLEMENTS TO BID FORM 07-17-97 08-29-97
00431 - SUPPLEMENT A - LIST OF SUBCONTRACTORS 07-17-97 08-29-97
00433 - SUPPLEMENT C - LIST OF ALTERNATIVES 07-17-97 08-29-97
04335 - SUPPLEMENT E - COST BREAKDOWN 07-17-97 08-29-97
OCIP-1 INSURANCE INFORMATION WORKSHEET 07-24-97
OCIP-2 INSURANCE SUMMARY FORM 07-24-97
00500 - AGREEMENT 06-04-97 07-17-97
00700 - GENERAL CONDITIONS 06-04-97 07-17-97
(AIA DOCUMENT A201 AND SUPPLEMENTARY CONDITIONS) 07-17-97 07-24-97
DIVISION 01 - GENERAL REQUIREMENTS
01100 - SUMMARY 06-04-97 07-24-97
01200 - PRICE AND PAYMENT PROCEDURES 05-19-97
01230 - ALTERNATIVES 07-17-97 08-29-97
01300 - ADMINISTRATIVE REQUIREMENTS 05-19-97
01400 - QUALITY REQUIREMENTS 05-19-97
01425 - REFERENCE STANDARDS 06-04-97
01500 - TEMPORARY FACILITIES AND CONTROLS 06-04-97
01600 - PRODUCT REQUIREMENTS 05-19-97
01700 - EXECUTION REQUIREMENTS 05-19-97
01780 - CLOSEOUT SUBMITTALS 05-19-97
DIVISION 02 - SITE CONSTRUCTION
02010 - SUBSURFACE CONDITIONS 06-26-97
02200 - EARTHWORK 06-26-97
02220 - UTILITY TRENCHING, BACKFILL & COMPACTION 06-26-97
02511 - HOT-MIX ASPHALT PAVING 06-26-97
02520 - PORTLAND CEMENT CONCRETE PAVING 06-26-97
02523 - CONCRETE CURBS, GUTTERS, SIDEWALKS & DRIVEWAYS 06-26-97
02528 - EXTRUDED CONCRETE CURBS 06-26-97
02580 - PAVEMENT MARKINGS 06-26-97
02665 - WATER SYSTEMS 06-26-97
02700 - SEWERAGE AND DRAINAGE 06-26-97
DIVISION 03 - CONCRETE
03100 - CONCRETE FORMS AND ACCESSORIES 05-19-97 06-26-97
03200 - CONCRETE REINFORCEMENT 05-19-97 06-26-97
03300 - CAST-IN-PLACE CONCRETE 05-19-97 06-26-97
THE RESORT AT SUMMERLIN TABLE OF CONTENTS
LAS VEGAS, NEVADA VOLUME I-A
Project No. 95255 Page - 1 December 10, 1997
127
03386 - POST-TENSIONED STRUCTURAL CONCRETE 05-19-97 06-26-97
03411 - STRUCTURAL PRECAST CONCRETE 06-26-97
03455 - GLASS FIBER REINFORCED CONCRETE 06-26-97
DIVISION 04 - MASONRY
04810 - UNIT MASONRY ASSEMBLIES 05-19-97
DIVISION 05 - METALS
05120 - STRUCTURAL STEEL 05-19-97 06-26-97
05210 - STEEL JOISTS 05-19-97
05310 - STEEL DECK 05-19-97
05400 - COLD FORMED METAL FRAMING 05-19-97
05500 - METAL FABRICATIONS 05-19-97
05510 - METAL STAIRS 05-19-97
05520 - HANDRAILS AND RAILINGS 05-19-97
05810 - EXPANSION JOINT COVER ASSEMBLIES 05-19-97
END TABLE OF CONTENTS VOLUME I-A
TABLE OF CONTENTS THE RESORT AT SUMMERLIN
VOLUME I LAS VEGAS, NEVADA
December 10, 1997 Page - 2 Project No. 95255
128
PROJECT MANUAL
VOLUME I-B (DIVISIONS 06 THRU 14)
FOR
THE RESORT AT SUMMERLIN
HOTEL, CASINO & ENTERTAINMENT COMPLEX
LAS VEGAS, NEVADA
PROJECT NO. 95255
ISSUED FOR CONTRACT
DECEMBER 10, 1997
OWNER
-----
THE RESORT AT SUMMERLIN, L.P.
THE RESORT AT SUMMERLIN, INC. (GENERAL PARTNER)
3330 West Desert Inn Road, Unit #5
Las Vegas, NV 89102
ARCHITECT INTERIOR DESIGN
--------- ---------------
Paul Steelman, Ltd. Paul Steelman Interiors
3330 W. Desert Inn Road 3330 W. Desert Inn Road
Las Vegas, NV 89102 Las Vegas, NV 89102
STRUCTURAL ENGINEER ELECTRICAL ENGINEER MECHANICAL ENGINEER
------------------- ------------------- -------------------
Martin & Peltyn, Inc. Morris Engineering, Inc. AE Associates
1909 South Jones Blvd. 3711 Regulus Drive 444 E. Warm Springs Road
Las Vegas, NV 89102 Las Vegas, NV 89102 Las Vegas, NV 89119
CIVIL ENGINEER LANDSCAPE ARCHITECT CULINARY
-------------- ------------------- --------
Martin & Martin, Inc. Lifescapes International Inc FSA Design
1909 South Jones Blvd. 4930 Campus Drive 300 Corporate Pointe
Las Vegas, NV 89102 Newport Beach, CA 92660 Culver City, CA 90230
ACOUSTICS WATER FEATURES FIRE/LIFE SAFETY
--------- -------------- ----------------
Pelton Marsh Kinsella STO Design Group, Inc. Rolf Jensen & Associates
1420 W. Mockingbird Ln. 2500 Redhill Ave. 2125 Oak Grove Road
Dallas, TX 75247 Santa Ana, CA 92705 Walnut Creek, CA 94598
129
TABLE OF CONTENTS
VOLUME I-B - DIVISIONS 06 THRU 14
ISSUED: REVISED:
DIVISION 06 - WOOD AND PLASTICS
06200-FINISH CARPENTRY 05-19-97
06410-CUSTOM CABINETS 05-19-97
06610-GLASS FIBER AND RESIN FABRICATIONS 05-19-97
06620-CAST PLASTIC FABRICATIONS 05-19-97
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07130-SHEET WATERPROOFING 05-19-97
07185-TRAFFIC MEMBRANE 05-19-97
07212-BOARD AND BATT INSULATION 05-19-97
07240-EXTERIOR INSULATION AND FINISH SYSTEMS 05-19-97
07260-VAPOR RETARDERS 05-19-97
07320-ROOF TILES 05-19-97
07530-ELASTOMERIC MEMBRANE ROOFING 05-19-97 07-17-97
07620-SHEET METAL FLASHING AND TRIM 05-19-97
07724-ROOF HATCHES 05-19-97
07815-SPRAYED-ON FIREPROOFING 05-19-97
07840-FIRESTOPPING 05-19-97
07900-JOINT SEALERS 05-19-97
DIVISION 08 - DOORS AND WINDOWS
08111-STANDARD STEEL DOORS 05-19-97
08112-STANDARD STEEL FRAMES 05-19-97 06-04-97
08211-FLUSH WOOD DOORS 06-04-97 08-29-97
08305-SLIDING GLASS DOORS 05-19-97
08310-ACCESS DOORS AND PANELS 05-19-97
08331-OVERHEAD COILING DOORS 05-19-97
08332-OVERHEAD COILING GRILLES 05-19-97
08336-FIRE DOORS WITH EMERGENCY EGRESS 06-04-97
08351-ACCORDION FOLDING DOORS 05-19-97
08410-METAL-FRAMED STOREFRONTS 05-19-97
08520-ALUMINUM WINDOWS 05-19-97
08630-METAL-FRAMED SKYLIGHTS 08-05-97
08710-FINISH HARDWARE 06-19-97 09-16-97
08800-GLAZING 05-19-97
08830-MIRRORS 05-19-97
08910-METAL-FRAMED CURTAIN WALL 05-19-97
DIVISION 09 - FINISHES
09206-METAL LATH 05-19-97
09220-PORTLAND CEMENT PLASTER 05-19-97
09260-GYPSUM BOARD ASSEMBLIES 05-19-97
09310-CERAMIC TILE 05-19-97
09330-QUARRY TILE 05-19-97
09340-PAVER TILE 05-19-97 06-04-97
THE RESORT AT SUMMERLIN TABLE OF CONTENTS
LAS VEGAS, NEVADA VOLUME I-B
Project No. 95255 Page - 1 December 10, 1997
130
09511-SUSPENDED ACOUSTICAL CEILINGS 05-19-97
09638-DIMENSION STONE - THIN SET TILE 05-19-97 06-04-97
09650-RESILIENT FLOORING 05-19-97
09680-CARPET 05-19-97
09720-WALL COVERING 05-19-97
09774-FIBERGLASS REINFORCED PLASTIC PANELS 05-19-97
09900-PAINTS AND COATINGS 05-19-97 07-17-97
DIVISION 10 - SPECIALTIES
10165-PLASTIC LAMINATE TOILET COMPARTMENTS 05-19-97
10210-WALL LOUVERS 05-19-97
10260-WALL AND CORNER GUARDS 05-19-97
10270-ACCESS FLOORING 08-29-97
10300-FIREPLACES 05-19-97
10500-LOCKERS 08-05-97
10510-WOOD LOCKERS 08-05-97
10523-FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES 05-19-97
10605-WIRE MESH PARTITIONS 05-19-97
10651-OPERABLE PANEL PARTITIONS 08-05-97
10800-TOILET, BATH, AND LAUNDRY ACCESSORIES 05-19-97
DIVISION 11 - EQUIPMENT
11060-STAGE RIGGING SYSTEM 09-23-97
11061-PORTABLE DIMMING EQUIPMENT 09-23-97
11062-PORTABLE STAGE LIGHTING INSTRUMENTS 09-23-97
11063-PERFORMANCE DIMMING SYSTEM 09-23-97
11130-AUDIO/VISUAL SYSTEMS 09-23-97
11132-MATV-TELEVISION DISTRIBUTION SYSTEM 09-23-97
11133-PROJECTION SCREENS 09-23-97
11134-PROJECTOR LIFTS 09-23-97
11161-DOCK LEVELERS 05-19-97
11164-DOCK SEALS AND SHELTERS 05-19-97
11165-DOCK BUMPERS 05-19-97
11400-FOOD SERVICE EQUIPMENT 05-19-97
DIVISION 12 - FURNISHINGS
12486-FLOOR MATS 05-19-97
DIVISION 13 - SPECIAL CONSTRUCTION
13032-SAUNAS 08-29-97
DIVISION 14 - CONVEYING SYSTEMS
14201-PASSENGER ELEVATORS 06-19-97
14240-PASSENGER ELEVATORS - HYDRAULIC 08-05-97
14245-SERVICE AND FREIGHT ELEVATORS HYDRAULIC 08-05-97
14310-ESCALATORS 08-05-97
14420-ACCESSIBILITY LIFTS 08-29-97
END TABLE OF CONTENTS VOLUME I-B
TABLE OF CONTENTS THE RESORT AT SUMMERLIN
VOLUME I-B LAS VEGAS, NEVADA
December 10, 1997 Page - 2 Project No. 95255
131
PROJECT MANUAL
VOLUME II (MECHANICAL & ELECTRICAL)
FOR
THE RESORT AT SUMMERLIN
HOTEL, CASINO & ENTERTAINMENT COMPLEX
LAS VEGAS, NEVADA
PROJECT NO. 95255
ISSUED FOR CONTRACT
DECEMBER 10, 1997
OWNER
THE RESORT AT SUMMERLIN, L.P.
THE RESORT AT SUMMERLIN, INC. (GENERAL PARTNER)
3330 West Desert Inn Road, Unit # 5
Las Vegas, NV 89102
ARCHITECT INTERIOR DESIGN
Paul Steelman, Ltd. Paul Steelman Interiors
3330 W. Desert Inn Road 3330 W. Desert Inn Road
Las Vegas, NV 89102 Las Vegas, NV 89102
STRUCTURAL ENGINEER ELECTRICAL ENGINEER MECHANICAL ENGINEER
Martin & Peltyn, Inc. Morris Engineering, Inc. AE Associates
1909 South Jones Blvd. 3711 Regulus Drive 444 E. Warm Springs Road
Las Vegas, NV 89102 Las Vegas, NV 89102 Las Vegas, NV 89119
CIVIL ENGINEER LANDSCAPE ARCHITECT CULINARY
Martin & Martin, Inc. Lifescapes International Inc. FSA Design
1909 South Jones Blvd. 4930 Campus Drive 300 Corporate Pointe
Las Vegas, NV 89102 Newport Beach, CA 92660 Culver City, CA 90230
ACOUSTICS WATER FEATURES FIRE/LIFE SAFETY
Pelton Marsh Kinsella STO Design Group, Inc. Rolf Jensen & Associates
1420 W. Mockingbird Ln. 2500 Redhill Ave. 2125 Oak Grove Road
Dallas, TX 75247 Santa Ana, CA 92705 Walnut Creek, CA 94598
132
TABLE OF CONTENTS
VOLUME II - DIVISIONS 16 AND 16
DIVISION 15 - MECHANICAL ISSUED: REVISED:
15010-BASIC MECHANICAL REQUIREMENTS 05-19-97
15050-BASIC MECHANICAL MATERIALS AND METHODS 05-19-97
15055-BASIC PIPING MATERIALS AND METHODS 05-19-97
15100-VALVES 05-19-97
15120-PIPING ACCESSORIES 05-19-97
15140-PIPE SUPPORTS AND ANCHORS 05-19-97
15170-MOTORS AND STARTERS 05-19-97
15173-VARIABLE FREQUENCY DRIVES 05-19-97
15190-MECHANICAL IDENTIFICATION 05-19-97
15240-VIBRATION AND SEISMIC CONTROL 05-19-97
15250-MECHANICAL INSULATION 05-19-97
15300-FIRE PROTECTION SYSTEMS 05-19-97
15301-FM-200 FIRE SUPPRESSION SYSTEM WITH 08-29-97
ANALOG DETECTION 05-19-97
15411-WATER DISTRIBUTION PIPING 05-19-97
15420-DRAINAGE AND VENT SYSTEMS 05-19-97
15440-PLUMBING FIXTURES 05-19-97
15450-PLUMBING EQUIPMENT 05-19-97
15465-WATER SOFTENERS 05-19-97
15486-FUEL PIPING SYSTEMS 08-29-97
15500-FIXED INERGEN FIRE SUPPRESSION SYSTEM 05-19-97
15510-HYDRONIC PIPING 05-19-97
15520-STEAM AND CONDENSATE PIPING 05-19-97
15540-PUMPS 05-19-97
15545-CHEMICAL (WATER) TREATMENT SYSTEMS 05-19-97
15555-BOILERS 05-19-97
15575-FLUE SYSTEMS 05-19-97
15670-PACKAGE ROOFTOP UNITS 05-19-97
15680-WATER CHILLERS 05-19-97
15690-HEAT EXCHANGERS 05-19-97
15710-COOLING TOWERS 05-19-97
15785-COMPUTER ROOM AIR CONDITIONING UNITS 05-19-97
15855-AIR HANDLING UNITS WITH COILS 05-19-97
15870-POWER VENTILATORS 05-19-97
15891-METAL DUCTWORK 05-19-97
15910-DUCTWORK ACCESSORIES 05-19-97
15930-VARIABLE VOLUME TERMINALS 05-19-97
15935-AIR INLETS AND OUTLETS 05-19-97
15970-AUTOMATIC TEMPERATURE CONTROLS 05-19-97
15980-AUTOMATIC SMOKE CONTROL PROGRAM 05-19-97
15990-TEST-ADJUST-BALANCE 05-19-97
15995-MECHANICAL SYSTEM COMMISSIONING 05-19-97
DIVISION 16 - ELECTRICAL
16010-BASIC ELECTRICAL REQUIREMENTS 06-04-97
16111-CONDUIT 06-04-97
16112-SURFACE RACEWAYS 06-04-97
16113-UNDERFLOOR DUCTS 06-04-97
[CAPTION]
THE RESORT AT SUMMERLIN TABLE OF CONTENTS
LAS VEGAS, NEVADA VOLUME II
Project No. 95255 Page-1 December 10, 1997
133
16114-CABLE TRAYS
16117-MANHOLES
16120-WIRE & CABLE
16121-MEDIUM VOLTAGE CABLE & ACCESSORIES
16130-BOXES
16141-WIRING DEVICES
16160-CABINETS & ENCLOSURES
16180-ELECTRICAL CONNECTIONS
16190-SUPPORTING DEVICES
16195-ELECTRICAL IDENTIFICATION
16321-DISTRIBUTION TRANSFORMERS
16350-CIRCUIT BREAKER SWITCHES
16361-AIR INTERRUPTER SWITCHES
16390-PRIMARY GROUNDING
16410-POWER FACTOR CORRECTION
16415-SURGE SUPPRESSORS
16420-SERVICE ENTRANCE
16425-SWITCHBOARDS
16430-METERING
16440-DISCONNECT SWITCHES
16450-SECONDARY GROUNDING
16461-DRY TYPE TRANSFORMERS
16470-PANELBOARDS
16480-MOTOR CONTROLS
16485-CONTACTORS
16495-TRANSFER SWITCH
16510-LIGHTING FIXTURES
16577-OBSTRUCTION LIGHTS
16611-STATIC UNINTERRUPTIBLE POWER SUPPLY
16614-UTILITY PARALLELING EMERGENCY GENERATOR
CONTROL & DISTRIBUTION SYSTEM 06-04-97 08-29-97
16622-PACKAGED ENGINE GENERATOR SYSTEMS
16670-LIGHTING PROTECTION SYSTEMS
16921-MECHANICAL EQUIPMENT CONTROLS
16950-TESTING
END TABLE OF CONTENTS VOLUME II
TABLE OF CONTENTS THE RESORT AT SUMMERLIN
VOLUME II LAS VEGAS, NEVADA
September 23, 1997 Page-2 Project No. 95255
[CAPTION]
134
PROJECT MANUAL
VOLUME III (APPENDIX & ADDENDA)
FOR
THE RESORT AT SUMMERLIN
HOTEL, CASINO & ENTERTAINMENT COMPLEX
LAS VEGAS, NEVADA
PROJECT NO. 95255
ISSUED FOR CONTRACT
DECEMBER 10, 1997
OWNER
THE RESORT AT SUMMERLIN, L.P.
THE RESORT AT SUMMERLIN, INC. (GENERAL PARTNER)
3330 West Desert Inn Road, Unit #5
Las Vegas, NV 89102
ARCHITECT INTERIOR DESIGN
Paul Steelman, Ltd. Paul Steelman Interiors
3330 W. Desert Inn Road 3330 W. Desert Inn Road
Las Vegas, NV 89102 Las Vegas, NV 89102
STRUCTURAL ENGINEER ELECTRICAL ENGINEER MECHANICAL ENGINEER
Martin & Peltyn, Inc. Morris Engineering, Inc. AE Associates
1909 South Jones Blvd. 3711 Regulus Drive 444 E. Warm Springs Road
Las Vegas, NV 89102 Las Vegas, NV 89102 Las Vegas, NV 89119
CIVIL ENGINEER LANDSCAPE ARCHITECT CULINARY
Martin & Martin, Inc. Lifescapes International Inc FSA Design
1909 South Jones Blvd. 4930 Campus Drive 300 Corporate Pointe
Las Vegas, NV 89102 Newport Beach, CA 92660 Culver city, CA 90230
ACOUSTICS WATER FEATURES FIRE/LIFE SAFETY
Pelton Marsh Kinsella STO Design Group, Inc. Rolf Jensen & Associates
1420 W. Mockingbird Ln. 2500 Redhill Ave. 2125 Oak Grove Road
Dallas, TX 75247 Santa Ana, CA 92705 Walnut Creek, CA 94598
135
TABLE OF CONTENTS
VOLUME III - APPENDIX, APPENDIX II AND ADDENDA
ISSUED: REVISED:
APPENDIX
DOOR SCHEDULES:
HOTEL DOOR SCHEDULE 06-04-97 07-03-97
BUFFET LEVEL DOOR SCHEDULE 06-30-97 08-29-97
CASINO LEVEL DOOR SCHEDULE 06-30-97 08-29-97
CASINO BASEMENT DOOR SCHEDULE 06-30-97 08-29-97
HEALTH CLUB 2ND LEVEL DOOR SCHEDULE 06-30-97 08-29-97
HEALTH CLUB 1ST LEVEL DOOR SCHEDULE 06-30-97 08-29-97
HEALTH CLUB BASEMENT DOOR SCHEDULE 06-30-97 08-29-97
LIFESTYLES CENTER DOOR SCHEDULE 06-30-97 08-29-97
LIFESTYLES CENTER BASEMENT DOOR SCHEDULE 06-30-97 08-29-97
SPECIALTY RETAIL 1ST LEVEL DOOR SCHEDULE 06-30-97
CONFERENCE CENTER DOOR SCHEDULE 06-30-97 08-29-97
PUTTERS LOUNGE DOOR SCHEDULE 08-29-97
POOL BOY DOOR SCHEDULE 08-29-97
POOL BAR DOOR SCHEDULE 08-29-97
DOOR TYPES 06-04-97 07-03-97
LANDSCAPE CONSTRUCTION PACKAGE 06-26-97
REQUEST FOR PROPOSAL & BID FORM (WATER FEATURES) 09-16-97
FOOD SERVICE EQUIPMENT:
ATTACHMENT "A" - STANDARD DETAILS 05-19-97
ATTACHMENT "B" - EQUIPMENT SCHEDULE/BID FORM 05-19-97
APPENDIX II
LIGHTING FIXTURE SCHEDULE 06-19-97
SPECIFICATIONS FOR THE DESIGN AND INSTALLATION OF AN
AUTOMATIC FIRE DETECTION AND ALARM SYSTEM 08-01-97 08-29-97
ADDENDA II
ADDENDUM NUMBER 1 06-19-97
ADDENDUM NUMBER 2 06-26-97
ADDENDUM NUMBER 3 06-30-97
ADDENDUM NUMBER 4 07-03-97
ADDENDUM NUMBER 5 07-17-97
ADDENDUM NUMBER 6 07-24-97
ADDENDUM NUMBER 7 08-05-97
ADDENDUM NUMBER 8 08-29-97
ADDENDUM NUMBER 9 09-16-97
ADDENDUM NUMBER 10 12-10-97
END TABLE OF CONTENTS VOLUME III
THE RESORT AT SUMMERLIN TABLE OF CONTENTS
LAS VEGAS, NEVADA VOLUME III
Project No. 95255 Page - 1 December 10, 1997
136
SECTION 00910
ADDENDUM NUMBER 10
PARTICULARS
1.01 DATE: December 10, 1997
1.02 PROJECT: The Resort at Summerlin
1.03 PROJECT NUMBER: 95255
1.04 OWNER: The Resort At Summerlin, L.P./ The Resort At Summerlin, Inc.
(General Partner)
1.05 ARCHITECT: Paul Steelman, Ltd.
TO: PROSPECTIVE BIDDERS
2.01 This Addendum forms a part of the Contract Documents and modifies the
Bidding Documents dated June 4, 1997, with amendments and additions
noted below.
2.02 Acknowledge receipt of this Addendum in the space provided in the Bid
Form. Failure to do so may disqualify the Bidder.
CLARIFICATIONS
3.01 NOTE THE FOLLOWING ARCHITECT'S CLARIFICATION:
A. Incorporate The Attached List of Items To Be Included In the
Guaranteed Maximum Price, Issued for Contract, into the contract
Documents.
B. Incorporate The Attached FF & E Matrix, Issued for Contract, into
the Contract Documents.
C. All exterior balusters shall be GFRC.
3.02 ELECTRICAL LIGHTING NOTES:
A. Incorporate The Following Notes into the Contract Documents.
B. GENERAL NOTES
1. The Electrical Contractor shall be responsible for all
Lighting contained on the Electrical, Architectural,
Interior Design, and Lighting sheets in the Contract
Documents.
2. All exit signs throught the project shall be green "LED"
type.
C. CASINO
1. The Service Bar shall have a local wall box dimmer to
control lighting.
D. PUTTER'S LOUNGE
1. All of the portable lighting (i.e. Table Lamp, Floor Lamps,
Etc.) shall be installed on switched outlets.
THE RESORT AT SUMMERLIN ADDENDUM NUMBER 10
LAS VEGAS, NEVADA Section 00910
Project No. 95255 December 10, 1997
Page - 1
137
CHANGES TO THE PROJECT MANUAL VOLUME I-A AND I-B
4.01 TABLE OF CONTENTS
A. Delete Table of Contents Volume I-A (Documents 00 Thru Division 01)
and I-B (Divisions 02 Thru 14), dated September 23, 1997, in its
entirety and replace with the revised Table of Contents, Volume I-A
(Documents 00 Thru Division 05) and I-B (Divisions 06 Thru 14), dated
December 10, 1997, issued with this Addendum and bound into the
Project Manual Issued For Contract.
4.02 DOCUMENT 00500 - AGREEMENT
A. Delete Document 00500 - Agreement (Includes AIA DOCUMENT A101), dated
July 17, 1997, in its entirety and replace with revised Document
00500 - Agreement (Includes AIA DOCUMENT A111), dated December 10,
1997, issued with this Addendum.
4.03 DOCUMENT 00700 - GENERAL CONDITIONS (INCLUDES AIA DOCUMENT A201 AND
SUPPLEMENTARY CONDITIONS)
A. Delete Document 00700 - General Conditions (Includes AIA DOCUMENT
A201 and SUPPLEMENTARY CONDITIONS), issued July 17, 1997, in its
entirety and replace with revised Document 00700 - General Conditions
(Includes AIA DOCUMENT A201CMa and SUPPLEMENTARY CONDITIONS), dated
December 10, 1997, issued with this Addendum.
4.04 SECTION 07320 - ROOF TILES
A. Delete this Specification Section, dated May 19, 1997, in its
entirety and replace with revised Section 07320 - Roof Tiles, dated
December 10, 1997, issued with this Addendum.
CHANGES TO THE PROJECT MANUAL VOLUME II (MECHANICAL & ELECTRICAL)
5.01 TABLE OF CONTENTS
A. Delete Table of Contents Volume II (Mechanical & Electrical ), dated
September 23, 1997, in its entirety and replace with the revised
Table of Contents, Volume II (Mechanical & Electrical), dated
December 10, 1997, issued with this Addendum and bound into the
Project Manual Issued For Contract.
5.02 SECTION 15500 - FIXED INERGEN FIRE SUPPRESSION SYSTEM
A. Delete this Specification Section, dated August 29, 1997, in its
entirety and replace with revised Section 16614 - Utility Paralleling
Emergency, Generator Control & Distribution Switchgear, dated
December 10, 1997, issued with this Addendum.
CHANGES TO THE PROJECT MANUAL VOLUME III (APPENDIX & ADDENDA)
6.01 TABLE OF CONTENTS
A. Delete Table of Contents Volume III, dated September 23, 1997, in its
entirety and replace with the revised Table of Contents, Volume III,
dated December 10, 1997, issued with this Addendum and bound into the
Project Manual Issued For Contract.
ADDENDUM NUMBER 10 THE RESORT AT SUMMERLIN
Section 00910 LAS VEGAS, NEVADA
December 10, 1997 Project No. 95255
PAGE - 2
138
6.02 APPENDIX
A. LANDSCAPE CONSTRUCTION PACKAGE
1. Add the attached revised Sections to the Landscape Construction
Package, issued with this Addendum to the Appendix.
6.03 APPENDIX II
A. SPECIFICATIONS FOR THE DESIGN AND INSTALLATION OF AN AUTOMATIC FIRE
DETECTION AND ALARM SYSTEM
1. Delete this Specification, dated 8/29/97, and replace with revised
Specification, dated 12/10/97, issued with this Addendum.
CHANGES TO THE DRAWINGS
7.01 REVISED DRAWINGS
A. THE FOLLOWING DRAWINGS ISSUED WITH THIS ADDENDUM HAVE BEEN REVISE -
REPLACE ALL PREVIOUSLY ISSUED DRAWINGS WITH THESE "ISSUED FOR
CONTRACT" DRAWINGS:
1. Sheets Listed on Index Sheet A010.01 - INDEX SHEET - LOWRISE
PACKAGE, Issued For Contract, 12-10-97.
2. Sheets Listed on Index Sheet A010.01 - INDEX SHEET (CONT) - HOTEL
PACKAGE, Issued For Contract, 12-10-97.
3. Sheets Listed on Index Sheet WA-A003 - INDEX SHEET - PEDESTRIAN
WALKWAY, Issued For Contract, 12-10-97.
END OF ADDENDUM NUMBER 10
THE RESORT AT SUMMERLIN ADDENDUM NUMBER 10
LAS VEGAS, NEVADA Section 00910
Project No. 95255 Page - 3 December 10, 1997
139
[J.A. JONES CONSTRUCTION LETTERHEAD]
AMENDMENT #AA TO GMP CONTRACT
THE RESORT AT SUMMERLIN
DECEMBER 18, 1997
PROJECT ALLOWANCES:
Entrance Signs, $10,000.
Door Type xx, Drawing A535, $25,000.
Wood Floor at the Stage in The Lounge, $4,500.
Elevator cab millwork for #1 & #2 at the Spa Entry, $20,000.
Total 20,000.
Elevator cab allowance, $7,500 each. Total $105,000.
Windows at the Executive Offices, $10,000.
Window at the Employee Dining Room, $6,500.
VALUE ENGINEERING ITEMS INCORPORATED IN THE GMP:
Millwork:
Use MDF mouldings in lieu of Poplar mouldings in Low Rise, High
Rise, Restaurants and all areas of the project.
Insulation:
High-Rise -- Exterior walls: R-19/R-11 unfaced batts,
Soundwalls: fiberglas sound batts, R-19 unfaced batts under
Clay Tile roof.
Low-Rise -- Exterior walls: R-19 Unfaced batts, Soundwalls:
Fiberglas sound batts, 1" rigid insulation @ Putters Lounge,
R-30 unfaced batts @ roof of Putters Lounge, Pool Bar and
Pool Boy.
Roofing:
Provide 4-ply built-up roofing in lieu of single ply.
140
ATTACHMENT TO GMP CONTRACT
THE RESORT AT SUMMERLIN
DECEMBER 18, 1997
PAGE -2-
VALUE ENGINEERING ITEMS INCORPORATED IN THE GMP (CONT.):
Mechanical:
Delete VFD at chiller 1.
Cooling towers - s.s. basin & galv. construction.
Use vertical stacked fan coil units (4-pipe system).
Delete waterside heat exchanger.
Use 65% eff. Filters at casino air handlers.
Eliminate pressure relief fans, use auto dampers & relief hoods.
Delete steam system.
Eliminate plug valves at pumps in central plant.
Delete cooling tower bypass & valve.
Use higher kw/ton chillers, eliminate refrigerant recovery system.
Electrical:
Provide Gardco in lieu of Beta lighting fixtures.
Provide aluminum feeders.
**ADDITIONAL VALUE ENGINEERING ITEMS TO BE REVIEWED AND BECOME PART OF THE GMP:
Modifications to linear diffusers.
Combine public and back-of-house fan coils using air handlers.
Alternate lighting fixture package.
Alternate switchgear equipment.
Provide single-line modifications.
** The Owner shall authorize and cause the Architect to revise the Drawings and
Specifications to the extent necessary to reflect the agreed-upon assumptions
and clarifications contained in the attached Amendment #AA. Such revised
Drawings and Specifications shall be furnished to the General Contractor in
accordance with schedules agreed to by the Owner, Architect and General
Contractor. The General Contractor shall promptly notify the Architect and
Owner if such revised Drawings and Specifications are inconsistent with the
agreed-upon assumptions and clarifications.
141
ATTACHMENT TO GMP CONTRACT
THE RESORT AT SUMMERLIN
DECEMBER 18, 1997
PAGE -3-
Clarifications:
Landscaping is based on Lifescapes International Inc.'s scope of work.
Fountains in the Retail Corridor and Health Club are complete units by
the Owner.
Lanterns in the Retail Corridor are by the Owner.
Etching pattern at the passenger elevators is excluded.
Coffee Shop Room C1-58 pastry display, counter and back counter are
excluded.
Plumbing fixtures are supplied by the Owner. (Hotels only). Guest rooms
& suites.