ORDER N0. 22145
EtIDS OPENF.ll AND READ E'OR THE KERB COUNTY
I,AW ENFORCEMENT E'ACILITY
On this the 21st day of July 1994, came on t;o be consid,~red
tlu bids of Browning Construction of. San Antonio for
$S,E,93,04s0.e0, Krueger Construction Co. of Victoria, Tx for
$5,m7;,000.00, Kunz Construction Co., Inc. of ..^,an Antonio for
$5,570,000.00, Pack Brothers Construction Co. of San Antonio
for a4, 995, 720. 00, Spaw Glass of San Antonia $5,.374,000.00,
an<i Stoddard Construction Co. of San Antonio for
$5,220,000.00 upon. motion made by Commissioner Holekamp,
seconded by Comrni.~,>ioner. Oehler, the Court unanimously
approved by +x vat,> of S-N-H, to refer all bids submitted to
the Architect, ,7oe Santr>pei-ro for further review and come bac)c
to the Court with h.i;; rer_ommendation on Tuesday, July 26, 1994
at 11:00.
T H E A M E R I C A N I N S T I T U T E

O F A R C H I T E C T S
AIA Document A201
General Conditions of the Contract
for Construction
TH/S DUCC.7IEhT HAS LA4PORTANT LEGAL CONSEQL'L';VCE$ C0;1'SULTATIO.\'
U"!TH A;V ATTOR,h'EY !S F.;YCUL"RAGED lC7TH RESPECT TU !TS RIUDIFICATKLI"
1987 EDITION
TABLE OF ARTICLES
1. GENERAL PROVISIONS 8. TIME
2. OWNER 9. PAYMENTS AND COMPLETION
3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY
4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS
.SUBCONTRACTORS
6. CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
?. CHANGES IN THE WORK
12. UNCOVERING AND CORRECTION OF WORK
13. MISCELLANEOUS PROVISIONS
14. TERMINATION OR SUSPENSION OF THE
CONTRACT
This document has been approved and endorsed by the Associated General Contractors of America.
Coperight 1911, 1915, 1918, 7925, 193', 1951, 1958, 1961, 1963, 1966, 19b?, 1970, 196, 6198, be The American Institute of Architects, 1'i5
New York Avenue, N.W., Washington, D C.. ?0006. Reproduction of the material herein ur substantial quotation of its pnn~isiuns without wrltte^
permission of the AIA violates the a,pynght laws of the L'nitcd titutcs and will be subject to legal prosecutions.
AIA DOCUMENT A201 • GENERAL CUNUITIO]S OF THE CUN"1'RA~i FOR CUNSTIiUCT1UN • EUUk9EENTH EDIT109'
AIA"- • ''- I oN' 911C A'..1I:kICAN IhSTITI TY. UP .4 RCHITECI S" I'35 ~tIX gpRK APF.Nnk, M1 W„ WASHINGTON, 0.G. ?UUUG
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A201-1987 ~
INDEX
Acceptance of Nonconforming Work o.6.6, 9 93.12.3
Acceptance of Work 26.6, 9.8.2, 9 9 3. 9.10.1.9 10.3
Aeeeas to Work 3.16, 61.1, 12.1
Accidrnt Prevention 41.3. 10
Acts and Omissions 3-'-1, 3.2.2, 33.2, 3 13 H, 3.18, x.2.3, 4.31,
4.3.9, R3-1, 10.1 4, 10.2.5. 13.42, 13.', 14.1
Addenda Ll 1, i.l l
Additional Cos[. Claims fur 43.6, 43.7, 4.3.9, 6.1 1, 11L3
Additional Inspections and Testing.. 4.2.6, 9.8.2, 12.2.1, 13.5
Additional Time, Claims for .. x.3.6, 43.8. 4.3.9, 83.2
ADMINISTRATION OF THE CONTRACT - 333.4, 9.4, 9 i
Advertisement or [m-itation trt Bid ... 1.1 1
Aesthetic Effect x.2.13, 4.5 1
Allowances 3.8
All-risk Insurance 113.1.1
Appgcations for Payment 4.2.5,'.3.', 9.2, 9.3, 9 4, 9.5 1, 26.3,
9.83, 9 t0.1, 910.3. 910.4, 11 1 i, 14.2.4
Approvals 2.4.33.3, 3.5, 3.10.?, 3.12.41hrough 3 12.8, 3.183,
x2.', 9.31. 11.3.1 4, 13.42. 13.5
Arbitration 4. i 4, a32, 4.3.4, 4.+ 4, 4.5,
83.1, 1x12, 11.3.9, 11 3-lU
Architect 4.1
Architect, Definition of 9.1 1
Architect, Extrn[ ofduthudt}~ 2.9, 3.13. ti, 4.2, 43.2, 4.3.6,
9.4, 52, <i. i, ' 1 _', '.? 1, ' 3.6, ' 4, 92.9 3.1.
9 4. 9 5. 9.63. 9.ft 2, 9.8.1. 9.10.1.9 Ifl-3.121, 1'_'.7,
13.E 1. 13.5.2, 14.2 ?, 142.+
Architrc[, Limitaw ms ~~f Aulhunn~ and Responsibility 333, i 12 8,
3.12.11- +.L1, +.2.1, 4??, 4.2.3, 4.2.6, 43.', 42.10, 42.12,
4.3.13. + 32, 5.2.1. ' 4, 9 x.?, 9b.+. 9 Ei.t3
A[chitec[~dddttiunal Sen'ices and Expenses 2.4,9.82-
11 3.1 1. 121.1.12.?.+. 13.52, 11.53. 14? 9
Architect's Administration of the Contract 4.2, -1.31,,
9.3 ~. 4.9,94.95
ArchltectsApprc)tuLs 3.-1.3il,~ill?.313.6. 5-12.8,31R.3,+2~
4rchi[ect s Authorltc [n Reject A~'otk i.5 1, +.?.6_ 12.L2- 121.1
Architect e Cupp right 1.3
Architect s Decisions +1 (3, 4.'_.-. 4.2 11, +2.13. -t 2.13.
+31. +B.~i. +.+ 1, 9 4.9, 4.5, (i3, ' S.6, ~ 3.ft, 8.1 i. 83 1.
y.?, 9 +- 9 5J , 9 8.2.9 9 1, 111.12, 13.52, 141 ?, 1+2.+
Archi[uct's lnspettinns 42.?.42.9, 4.3.6, 9 +.2, 9.R ?,
993, 9111.1. 11.5
Archaeci slnamc[ions 4111,92',92.8,4.3°,'9.1,12.1,13.5'
Architect v Interprerttinns -12.1 L 12.12, 43'
Archie cct s t )n-tine t )bsen a[inns +.22, v1 5, + 5.b, O 9?.
9 5.1, 9 10 1, 13 5
Architect's Prnlect Reprceenta[ice 42 711
Architect > Rclati~ unship n'ith Cunt rte[ur 112, i.2.1, 3.?._.
3 i3. 3 5 1, 3.' i, i.I 1, 3.12.8, 3.12.11, 3.16, 1.18, v.23, +.2 v,
+2-n, t 2.12. 52, 6.21. ' 3-9, 9.8.2. 11 3.', 12.1. 13.5
Archf[rtits Relationship with SUbamvac¢,rs 11.2.423.4.?.+.
+.1.b, 0.6 9, 9.6.+. I 1 3
4rthitcct's Reprrscneuiun,. J+ 951,)1(1.1
Arthltca c5¢cAslt< ,?3, 4.2.5,42x14.3-(. 9~?,9S I,
9.R2, 9 92.9 10.1. I i 5
Ashc+nte l rl I
Atturnecs Fccs i-18.1, ~) IU.1, 10.1 +
Award nl Scpuru[e C.OORdCC~ 6.1 1
Award of Subcontracts and Other Contracts for
Portions of the Work 5.2
Basic Definitions 1.1
Bidding Rcqui rcnlcnts 1 1 1,1 I '-~ 2.1,11 + 1
Boiler and Machinery Insurance 11.3.2
lioi ¢le. Lien 9 111.1
Bond>. I'uiurmancc and I'uvmcnt ' 1.6.9 9 l0 5. 1 I i ~), I I +
Building Permit .. .. 3.'.1
Capitalization . ..... ..... 1.4
Certificate of Substamial Completion 9.8.2
Certificates for Payment .. 4.2.5, 4.2.2 9 3.3, 9.4, 9.5, 9.6.1,
9.6.6, 9.' 1, 9.R.3, 9 10.1, 9 103, 13.', 19.1.1 3, 142.4
Certificates of Inspection, Testing ur 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, 3.82.4, 3 11, 42.8, 4.33, 5 2.3,
7.1,7.2,7.3.2,8.3.1,93.11,910.3,113.12,
11 3.9, 11.3.9, 12.1.2
Change Orders, Definition of .. -2.1
Changes ~ 7.1
CHANGES IN THE WORK 3 11, 41 H, 7, 83.1, 9.3 1.1, lo.t 3
Ctaim, Definition of 4.3.1
Claims and Disputes ... 4.3, 4. x, 4.5, 6.2.5, 8.3.2,
9 3.1.?, 9 3.3.9 111.4, 1111 4
Claims and Timely Assertion of Claims .4.5.6
Claimsfor Additional Cost 43.6,4.3.7,43.9,6.11,103
Claims for Additional Time 4.3 6, 4.3.6, 4.39, 83.2
Claimsfor Concealed or Unknown Conditions 4.3.6
Claims [or Damages 3 18, 4.3 9. 6.1 1, 6.2.5, 83.?, 9 5.12, 10.1 4
Claims Subjec[to Arbitration +.i?--1.4,4,451
Cleaning Up 3.15, 6 3
Commencement of Statutory Limitation Period 13.7
Commencement of the Work, Conditions Relating to 3.1 .?,
22.1, 3.2.1, 3.2 ~, 3.' 1, 3.1u.1, 3.12.6, 9.3.'. 5.2.1,
6.22, 8.12, 8.2.2.9 2, 11 1 3, 11 3.6, l 1 x.l
Commencement of [he Work, Definition of 8.12
Communications Facilitating Contract
Administration 3.9 1, 4.2.4, 52.1
Cumpletloq Condidnns Rclatlng to ... i.I 1. 3.15, v.22, 9.2.9,
+.3.?. 9 a.2, 9.8, 9 9 1, 9 lu, 11 35, L'.22, 13 - 1
COMPLETION, PAYMENTS AND 9
Completion, Substantial 4 2.9, 43 5?, 8.1 1, 8.l 3, 8.23,
9.8, 991, R.22, 13.'
Compliance u'Ith Lans Ii.3.6,3'.3.13. +.11, 1(1.2.2, 111,
I7 3. I i.l, 13 5 1, 13-5 2, 13.6, 19.1 1, 142.1 3
Concealed ur Unknncvn Qmdhiuns x.3.6
Condition<of [he Con[rac[ 11.1 1 1 ', 6.1 1
Consent, Written L3 1, 3.12.8, 3.142, 4.1.2,
4.3.4, 4 5 S, 9 3 ?, 9.R.?, 9 9 1, 9 1fL, 9 1113,70 1 2, 10.1 3,
I 1 3 1, 1 13.1 ti. 11 3.11, 13.2, 13 +2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS 114,6
Consauctlon Change DlreNve, Definfdon of - i l
Construction Change Directives I 1 1, 4.2.8, '.I, 7.3, 93.1.1
Corovuctiun Schedules. Contractor's 3.10, (.] 3
Contingent Assignment of Subcontracts 5.4
Continuing Contract Pertormance 4.3.4
Contras, Definition of 1 12
CONTRACT, TERMINATION OR
SUSPENSION OF THE 9.3 ', 5 9.1 1, 14
Contract 9dminie[[afiun iii-x.9+,95
l.omrz~t Awurd and Erccutinn_Conditiors Relating to 3' 1,
i lU, 51, 92. 11 1 3, 11 3 6. 11 9 1
Contract Documents, The 1.1, 1.1,'
t.un[raa Uucunten[s, Copies Fumislied and C se of I i, 22.5.5 3
Contract Uucmncnts, Ue(uuuun of 1 1 1
Contras Pcrh>rmance During Arbitration ai.+, +.Si
Contraot Sum 3.8. +-3.ti, +.3.'.44.4, 5 23,
6.1 ~. ' . ' 3, 9.1, 9', 11 5 1. 12?.+. 12.3. 14.2 x
Contract Sum, Ddiniuon of 9.1
<.ontrac[Time 11.6.+i8.-t++.-2-13,'1.
e.2.1. H 4.1, 9 -, 12.1 I
Cumni~t'func Definition ul' 8.1.1
AIA DOCUMENT A201 • GF: ]'I.H AI. t.t )DUI"I'10]'S ui "I IIP UINTRAta IUN ('t)rytil'kl'C"IlUA • F(ll'N'I Pk V'fll FUI'IIUx
2 A20~-987 AIA`-IVx"1111-AYlfltd A,AI,C5TIT1'iltr)FAN~.f111r~'I'S I'i5VIiU ~'t)kh AA'PVI'F_VIX IX:A 5IIIV,~I'r11 UC !unpn
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CONTRACTOR .. ... ..... ... 3
Convaaur, Definition of .. ... ... .. 3.1, 6.12
Contractor's aid .. .. ... .. ... 1.1 1
Contractor's Construction ScheduMs .. 3.10, 6.1 3
Conttac[oi s Emplocees 33.2, 3.4.2, 3.8.1, 3 9, 3.18, 4.2.3.
42.6, 8.1.2, 10.2, 103, 11.1 1, 74.2.1.1
Contractor's Llablllty Insurance ... ... 11.1
Contractor's Relationship with Separate Contractors
and Owner's Forces ZL6, 3.12.5,.3.14.2, 4.2.4, 6, 121.5
Contractor's Relationship with Subcontractors .. 11,4, 3.3.2,
3. ] 8. ], 3.] R3, 5.2, 5 3, 5 4, 9.6.2, 113.7, 11 3.8, 14.2.1.2
Contractor s Relationshtp with the Archi[ea .. 1. L2, 31.1, 3.2.2,
33.3, 3.5.1., 3.' 3, 3.11, 3.12.8 3.16, 3.18, 4.23, 4.2.4, 4.2.6,
x1.12, 5.2, 622, ' 3.4, 9.8.2, 11 3.°, 12.7, 73.5
Contracture Representations 12.2, 3 5 1, 3.12.x, 6.23, 8.2.1, 9 3.3
Contrac[or s Responsibllft}' for Those
Performing the U'urk 1.33, 3.18, 4.2.3, lU
Conaaaor's Review-ot Cunaact Documents 1.2.2, 32, 3'3
Contrac«rz's Righ[ u> Stop the W'urk ... .. 9 ~
(.ontraanr's Right to Terminate the Contract 14.1
Cuntracto~ s Submiaals 3. L(l, 3.1 I, 3.12, 42.T, 51.1, 52.i.
~ i.6, 9.?,-9 3.1. 9.R2, 9 9.1, 9 10,2,
91U.3, 10-]1. I1 42, 11.4.3
Cuntracto[ s Superintendent 3.2 101.6
Contractor s Supert-Ltiio^ and Construction Procedures 11.4,
33. 3.4, 4.23, 8.2.2, 8 23, 10
Contractual Ltabilitc Insurance 11 L1 7, 113.1
Coordination and Gsrcln[ion t.22, 1.2.4, 3.3.1,
i.10, 3.12 ~, 6.13, 6.2.1
Copies Furnished of Drawings and Specifications 1.3, 22.5, 3.! 1
Correction ufWurk 2.3,-'.~, 4.2.1, 9.R3.
991, 12,.1.2, 123, ]3? 1 3
Cost, DeflnSdon of .. _ 3.6, la ~ 5
Cuss 2.a. 3.2-1 3' 4, 3.81, 3 15.?, 4.3.6, 4.3.'.43.8.1, 53.3,
6.11 6.2g 6.1 -3.33,'3.(i.'3',Y~,9ft.2, 9.)0.2, 1]3.1.2,
11.5.1 3, 11 3 x, 11.39, 12.1, 12.2 1, 7'_.2.4. 123.5, 13.5.1 x
Cutting and Patching 3.14, G3 6
Damage « ~ Corvaructiun of Owner or Separate Contracoors 3.142,
6.2.4.9 5 1 5, 10.2.13, 103.5, 103, I l.l, 11.3, 122.j
Damage to the IXLrk 3.14.2.9 9 1, 10.2.7.2, IO.L. S, 10.3, I 1 3
Damages. Claims fur i I8, 4.;.9, 6 1 1, (il 5, 83.2, 9.5.1.2, 10.1 4
Damage.+fur Delup ... 6. ] 1. R3.3, v5 1.6, 9 ~
Date uE Commencement of the Wark, Uctmi[iun of 8.12
Gate of Substantial Completion, Definition of 8.1 .;
Dac. Defmi[iun of 8.1 x
Decisions of the 4rchitect 43 b, 4.2.~, 4-±,11, 41.12, a.2.1 i,
9.3 2. 4.3 b, 4. a- I , i.4 4, 45, 6. i, '.3-6, ' 3.8, 8. i 3, 83 7 , 9-?.
9 4. y 5.1, 9.8.1, 9 9 1, 10.1.2. 11 5.2, 14.2.2, 141.4
Decisions to Withhold Certlflcation 9.5, 9 -. 14.1 13
Defeaire or Soncontorming Work, Acceptance,
Reje¢um and Correction of .. 23, 2.+, i.5.1, 43.1,
43 (, 4.3.5, 9 53. 9.81, 9 9 1, IO.LS, 12, 13.' I i
Ucfec[it-e VA'ork, Ue(in inun of 3.5.1
Dcfiniuons 11, 1.I I, i.1. 3.51, 3.73 ],312.2,1 L3, 4.11,
43 1, 5 1, 6.1.2,'2.1, , i.l, ' 3.d, 8 1, 9 1, 9.8.1
Delays and Extensions of Time 43.1, x.3.8.1, x3.8.3,
6 1 1, 6 2 3. ~ 2. I , ' 1 1, , ; .4. ~ i 5 , _ 3.8,
3 9, 8.1 1, 8.3, I l 1. i. l. 14.1 7 4
U~dputes 4.1 x, 4.i, 4.4, 45, 6.2.5.0.3,' 3B, ~~ i 1. ~
Documents and Samples a[ the tine 3.17
UrawinKs. UefiulGon of 1 15
Drawings and Specific auuns, L st~ and Owncnhip of 7 1 1, 13,
_.: 5. 3.1 I , 5 i
Uulyto Rccicts(,mtraet Duaimatts and Picld (.tmduums i?
EffC<ticc Uatc of hiwrana' 811, 11 1.2
Emergencies .. 4.3.x, 10.3
Empluhees, COntrac[or's 3.3.2. 3. `<.-.3.8.],;.9,3.18.],
;1.18.2, 4.2.3, 4.2.6, R.1.2, lo.?, 103, ll 1 1, 14.2.1.1
Equipment. Labor, Materials and . 1.1.3, 1 L6, 3.d, 35.1,
3.8.2, 3.123, 3 12?, 3.12.11, 3.13, 3.15.1, 4.2.7,
6.2.1, ~ 3.6, 93.2, 93.3, 11.3, 122.4, l4
Execution and Progress ufthe Work 11.3, 1.2.3, 32.3.x. t,
3.5.1. 42.2, 4.23, x3.4, 4.3.8, 633,' 1.3,
'3.9, 8.2, 8 3, 9 5, 9.9.1, 10.7., 141, 143
Execution, Correlation and Intent of the
Contract Documents .. 1.2, 3.x.1
Extensions of'Fime ... v 3.1, 4.3.8. 2.13. 8.3, 10.3 1
Failure of Payment b}' Cuntraaor 9 1.1 3, 143.1.2
Failure of Payment by Owner 4$.x,9', 14.13
FaWry Work (See De[ec[Ive or NoneOnfOrming work)
Final Completon and Final Payment 43.1,4.2.9,4.3.2,
4.35, 9.10, 11. L2, Il 1.3, 11 3.5, 123.1, 13.'
Financial ArranRements,Owner's 2.2.7
Fire and Ex[endcd Coverage Insurance 11.3
GENERAL PROVISIONS ... 1
Governing Law 13.1
Guaran[ees (See ~Y'arrann~ and U"'arranties)
Hazardous Ma[erials ... 10.1, 10.2.4
Iden[ification of Contract Documents 1,2,1
Identification of Subcunttaerors and Suppliers 5.2.7
Indemnification 9.1', 3.16, 9 10.2. 10.1 4, 11 3 1.2, 11 3.'
Information and Services Required of the Owner. 2.1.2, 2.2,
ti3.4, 6.1 3. 6.1 4, 6.2.6, 9 i.?, 9.6.1 9.C,.4, 9,8.3.9 9.2,
4,123, 101 4, ll.2. 11 3, 13.5.1, 13 5.2
Injury or Damage to Person or Property 4.3.9
InspecGans 4 3 3, 3 3 4, i.' 1, 43.2,
4.2.6, 429, v 3.6, 9 42, 9.R3. 9 9,?, 9 10.1, 13 i
Instmttiuns to Bidders 1 1 7
Instructions m the Cuu[rac[Or 3.8.1, 4 2.R. 51.1, ~, 12 1.13.13
Insurance 4.3.96.11,-3.61.933,481,99.1,91[1.2,11
Insurance, Boller antl Machinery 11,3,2
Insurance, Contractor's Liability 11.1
Insurance, Effective Dale of 833, 11 1.2
Insurance, Loss of Use 11 ;.;
Insurance, Owner's Liability 11.2
Insurance, Property U)3.1. 11,3
Insurance, S«rzrd Materials 9 i2, I 1 ; 1 ;
INSURANCE AND BONDS 11
Insurance Companies, Consent « ~ Partial Occupancy 9) 1, I1 3.I 1
Insurance Companies, Settlement with 7 ] ;, 10
[mm~t of [he Cunaaa Documcn¢ 1.2.;, ;, 13.x,
4.2Si, 42 -. -1.2.12, x1.73, ~.4
Interest. 13.6
Interpretation 1.2.5, ] x, 1.5, 4-1 1 43 1, 5.1 (i.7.2, 8.1 4
Interpretations, Written 4.2 11.42 12, 4.i ~
Joinder and Consolidation of Claims Required 4.5.6
Judgment on Final Award x 5 1.4.5 4.1, 4,5.7
Labor and Materials, hgwpment 1 1 3. 1 16.3.4, 3,1.1, 3.8.2,
i. L23, 3.12 i, 3.12 -,ti12.11, 3.11 i.U 1,
4 2.', 6, 2 1 - 5.6. o i 1. y ; 3 , 121.4 , 14
Labor Disputes 8 ; 1
Lutes and Regulations 1 S, i.6, 3.', i 1 i. 4.1 1, 4,5. i, -i.5.',
991 111.2.?, 111. ll i, 19.1, 11.4. 115,1, 73.51, ]i.6
liens 2.71, 4.1.2.43.5.1. R.12,91.i,9 ]11.2
Limitation on Consolidation or Joinder 4.5.5
L,mrtatiuns, J[atu[cs of v i 41. IL2.tr, I1."
Limit utions ufAwhunt}' i 1.1, 4.1.?, 4.2.1,
41.1 v 1.', 43 1 U, 5.2.2 52.4, ' 4, I l 1.111
AIA DOCUMENT A201 GEVI:RAI. Cl19Ulll(l1s OF 111P. CO.Al'kACI PUN c ~ ~Vti'f Rl C'1IOM1 • FOI:RTI`.P:KTH LUIa IUN
41A'= ~ - 19n`CNP. ni1CRR.A.A'IVS'IITCI}:uFARt;111'fF.['Lti 1-4S tiFIX'TUHF .9 A'E.AI'L, Ask' W'A.)IILYCI'r>p' U.i !II, IUO
A201-1987 3
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Limitations of Liability 23, 3.2.1, 3.5.1, 3.~3, 3.12.8, 1.12.11,
3.17, 3.18, 4.2.6, x2 J, 4.2.12, 6.2.2, 9 4.2, 9.6.4, 9 10.4,
10.1 4, 10.2.5, 11.1.2, 11.2.1, I1 3.', 13.42, 13.52
Limitations of Time, General 2.2.1, 22.4, 32.1, 3.x.3,
3.82, 3.10, 3.12.5, 3.15.1, 42.1, 4.2-?, 4.2.11, 4.32,
x.33, 43.4,43.6, 4.3.9, x.5.42. 5.2.1, 5.7,.3, 62.4. ? 3.4, ? 4,
8.2, 9.5, 9.62, 9.R,) 9. 9 10, I l 1 3, 11 3.1, 11.3.2, I1 3~5,
113.6, 1L2-1, 122.2, 13.5, 13.'
Limitations of Time, Specific 2.12, 2.2.1, 2.4, 3.10, 3.11,
3.15,1, 4 3.1, 41.11, x3, x.4, +.5, 5.3, 5.4, x.3.5, ? ;.9, 82,
9.2, 9 3.1, 9 33, 9 4.1, 9.G.1, 9 ', 9.8.2, 4 10.2, 11.1 3, 113.6,
11 3 10, 11 3.11, 12.2.2, 12.2.4, 12.2.6, 13.'. 14
Loss of Use Insurance ... 11.3.3
Material Suppliers .. 1.3.1, 3.12.1, 42.4, 42.6, 1.2.1,
9 3.1, 9 3.1.2, 9 33, 9.4.2, 9.6.5, 9.10.4
Materials, Hazardous ... 141, 10.2.4
Materials, Labor, Equipment and 1.1 3, 1 1.6, 3.4, 3.5.1, 3.82,
1.132, 3.13.j, 3.1?.~, 3.12.11. 3.13, 3.15.1, 4.3.', 6.2.1,
3.6, 9 3.2, 9.3-3, 12.2.x, 14
\1eans, Stethods, Techniques. Sequences and
Procedures of Construction 3.3.1, x2.3, 4.?.', 9 4.2
Minor Changes in the Work t 11,41.8, 4.3 ','I, 7.4
MISCELLANEOUS PROVISIONS 13
Modifica[iuns, Definition of 1 1 1
Modifications to the Contract 1 1 1, 11.?, 3.' 3, 3.11,
+.1.?, x.3.1, 52 3. ', 8.3.1, 9
Mutual Responsibility 6.2
Nonconforming Work, Acceptance of 12.3
Nonconforming Work, Rejection and Cnrrettion of 2.3.1,
4 3 ;. 9 i2, 9.82. 12, t3.' l 3
Notice 23.2.+, 3.!.1.3 2.3.9 ' 3. 3.' +. 3.9, 3.12.8.
1.13.9. 3 I', ~ 3, +.a4. +.i 5'.1, ;3, 5 i.l I. 8.2.2, 9+.I,
951.9.6.1.9'.9111, lll.l ?, 1112.6, 11 1.3 113. 12.?.?,
12.2.+, 13 3, 13.5.1, 13 5.3, 1+
Notice, W ritten 2.3. ?-+, 3.9, 3 12.8, ± 13.4.+-',,
i.+.+. 4-5. i L1, ; i, ; + 1 1, 8.?.?, 9 4.1, 9 5.1.9 -, 9 lU.
la 1.3.1U3.b, I I 13, Il i. 1333, 13.2.x, 13.3, 135.3, 14
5otice of Testing and Inspections 13.51,13.5.2
Notice to Proceed 822
Notices, Permits, Fees and _'-9.3.7, 3.13,' 3b.+, 102.3
Uhsen'atluns, ArthltccPsUo-Jire +.2.?, +.25.
+3 ti, y +.3, 9 ; 1, 9 111.1, 1 i.i
Obncrea[ionn, Contractors I ? ? 322
Occupancy 9.0.6, 9.8.1.9 9, 1 ] i. l 1
On tine lnepccunns by [he Architect -1.3.3. +.'9, +.3.ti,
Y 4.?, 9. R.?, 9 92.9 111 I
Un-Site Obsen'abaru be [hc Architect s.?.!, 1.3.5. +.3.i~.
9 +.!, 9 5 1, 9 10-1, 13 5
Orders, IXYracn ~ 3 9. i 9, v 9', ', 8 2.?- I l i-9, 12.1,
1 _'.1, 13.;.3, I+3 1
OWNER 2
Owner, Definition .,f 2.1
Owner, Information and Services Requiretl of the 2.1.3.
2.2, + i.~1, o, 9. 111.1 +. 11 1. 11 S I9 5 I, 1+.I 1 ;, 1+.I i
owner's Authority' i.8-1. x-I i,+.3.9,5-!-I 5-!.+,;+-1.
9.1, R3 3 9 i I, 9 ~._', 11 +.1, I_'._'.-1, 11.5.3, 1+.2. I+.i 1
Owner's Financial Capability ?2.1.1+.I 1 ;
Owner's Liability Insurance 11.2
Owncrel~rsn nfl'sc Insurance 113 i
Owner ~ Rrl:u innsh ip with buhcontraanr~ I 1-!.
5.!.I. ;.+ 1. 9.b.+
1 )w net's Right to (arn 1 hn the ATi nk 1.+, I _'1.+, 1+1._._
Owner's Right to Clean Up 6.3
Owner's Right to Pertorm Construction and to
Award Separate Contracts 6.1
Owner's Right to Stop the Work ...... 2.3, 43.E
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 t, 1.3, ?.2.5, 5.3
Partial Occupancy or Use 9.6.6,9.9, ll i.u
Patching, Cutting and .. .. ... 3.14, 6.3.6
Patents, Royalties and 3.17
Payment, Applications for 4.25, 92, 9.3, 9 +.
9 5.1, 9.8.3, 9 10.1, 9.10.3, 9 10.x, 14.2.4
Payment, Certificates for 4.35. 4.2.9, 9 33, 9.4, 9 5,
9.6.t, 9.6.6, 9 ~ 1, 9.8.3, 910.1,-910.3, 13.', 1x.1 1 3, 14.?.d
Payment, Failure of - 43.?, 9 5.1 3.
9.7, 9.10.'_, 14.] 13, ]d.21.3
Payment, Final 4.2.1, x.2.9, 4.3.?.4.3.5, 9 UI, I 1 1.?,
11 1 9. 11.3.5, 12.3 1
Payment Bond, Pertormance Bond and , . ~ 3.6.x.
9 10.3. 11 3.9. 11.4
Payments. Progress 43.4, 9 3.9.6,
9.83, 9 10.3, 13.6, 1+.33
PAYMENTS AND COMPLETION 9, l+
Payments to Subcon[raaoa S.a.2.9 5.1 3,
9.6.?, 9.63, 9.6.4, 11 3.8, ]4.2.1.2
PCR 10 I
Performance Bond and Payment Bund ' 3.6.4.
910.3_1139_71+
Permits, Fees and Notices 2.! B, 3.7, 3.13,' 3.6.4, I x.?.?
PERSONS AND PROPERTY, PROTECTION OF 10
Pulcchlorinated Biphenyl 10.1
Product Data, Definition of 1.12.3
Product Data and Samples, Shop Drawings 3.11.3.72, x.?.,
Progress and Completion 411.43.+. 8.2
Progress Payments +.3 +, 9 3,
9.6, 9 83, 9 10 3, 13.6, 14.1.3
Project, Defininon of Ute 1.1.4
Project Manual, Definition of the 1.1.7
Project Manuals 32 5
Prnjea Representatices 4.2.10
Property Insurance 1x.2.5, 11.3
PROTECTION OF PERSONS AND PROPERTY 10
Regulations and Laws 1 3, 3.6, 3.', 3.13, 41 1, +.; ;,
x.5 ', IU.?3.111, 11 3. 137. 13-+. 13.5 I_ 11.52. 13.0, I+
Rejection of Work 3.5 1,x2.6, 1?2
Releases of W an'ers and Liens 9 l n.3
Kepresentations I -2.2, 3 5 1, 9 7 L ,,
6.3.Z, 82.1, 9 3.3, 9 42.9 ; 1, 9.82, 9 In 1
Representatices ? 11.3.1 1,3 ),
41 1, 42.1, +2.11), 5 1 1, ;.1 ', 13_'.1
Resolution of Claims and Disputes 4.4, +.;
Responsibility for Those Perftlrming the Wo[k i3.!,
423, 6-1 3. 62, 111
Retainage 93-1, 2b.3.98.i,991,01112.911Li
Review of Contract Documents and Field
Conditions by Contractor 1.?.?, 3.2, 3.'i, 3.1?.,
Review of Contractor's Suhmitials by
Owner and Archilca 1.10.1,91ll '.911, 1.11.
42' 4?9_,52.1.5.33.')3.982
Reclew of lhnp Urau~ings, 1'n lduct Uatn
:md Sum pies ht Contractor 3.1?.;
Rights and Remedies 112 _'.3.?.4,151.1.152.
+.3 G, +. i 6, + 5. 5 i, 6.1 , 6. i, ' i I . 8 ~9 1 9 ; 1 . 9 ~, l x-1.5,
I n.i, I!.!.?. I?.1.+, 13.4, li
Royalties and Patents 3.17
AIA DOCUMENT A201 GP:VEK.AI. l nti Dl"IIUCS OF TI161.uKTRA1"I' H)N CI >VS'I Rl CI Ir1,1 • Fr)1'RTF.ESTH EDITH ),A
4 A2~~-987 dIA' • I'1n'"1'IIE AA1IiRILA]'LAtiTITI'l'F. nE ARCIIITF.CT? 1'Si,SP.IX'Y<)RK AA'Ef;l'E.AIX, IXAtiFiINGTf1,V DI ?nuuo
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Rules and Notices for Arbitration	... ... ... 4.5.2
Safety of Pennons and Property	10.2
Safety Precautions and Programs	.4.23, 42.', 10,1
Samples, Definition of	3 123
Samples, Shop Drawings, Product Data and 3 t t, 3.12, 42.,
Samples at the Site, Documents and 3.17
Schedule of Values ..	9.2, y.3.1
SchedWes, COnStrUCnOn -	.. 3.10
Separate Contraers and Contractors	... 1 1 4.3.142, 42.4,
	4.55, 6, 11 9 ~, 12.1.2, 12.2.5
Shop Drawings, Definition of	3.1'_.1
Shop Drawings, Product Data and Samples ... 3.11, 3.12, 42.'
Site, Use of	.3.13, 6.1.1, 61.1
Site IaspecNone 7 33, 3.3.v, 4.23	, 42.4, 43.6. 98.1. 9.10 ], ] 3 5
Site V lsirs, Arch¢ect's	4.21, 42.5, a.2.9, 4.3.6,
9 4.2,	9 5 1, 9.R.3, 9 92, 9 10.1, 13 ;
Special Inspections and Testing	42.6, ] 22.1, 13 5
Specifications, Definition of [he	1.1,6
Specifications, The . 1.	1.1, 1.1.6, 1 1 .', 7.2-4, 1 3, 3. t 7
Statutes of LimitaGuns	v5.4.2_1L2.6, L9~
Stopping the AX'ork 2	3, 43 -, 9', 10.] 3, ] 0. ;, 14 1
8[ored Ma[ertals 6.2.1,	932, 102.12, 11 9.1 4, 1?_°.4
Subcont[acto[, Defmition of	;.1 1
SUBCONTRACTORS	5
Subcontracmrs, A~'ork by	13.4, 3.3.2, 3.12.1,
	4.2.3, 5.3, 5a
Subcontractual Relations	5.3, 5a, 93. L2, 9.6?,
9.6.j, 9.6.4, 7D.2.7, 11.3.x,	]] 3.8, 14.1 1, 14.2.1.3, 1-43,?
Submitrals 13,123,3.1	0,3.71,312,4-2.~, ;.3.1,52-3,
'.3.6, 9.?. 9 3.1, 9.R.?, 9 4	1, 9 10.2, 9 10.3, 10.1 ', 11 L 3
Subrogation, Waivers of	o.l t, I 1 35, 11.3.7
Substantial Completion	41.`), 43.5?. a i 1, e.l 3,
83.9.	8.6, 991, 72.2.7, 13.2.2, ]3'
Suhaamial Completing Definition of	9 R.1
SubsUtu[ion of Subconaactors	533. i2.4
Substitution of the Architect	v.] 3
Subs[i[utions of 37atcrials	9.51
Sub submnvacaa. Definition of	5.12
Subsurface Conditions	43.(i
Successors and Assigns	13.2
Superintendent	3.9, lo2.v
Supervision and Construction Procedures 11.4, 3.3, t4.
42.3. 43.4, 6.1 3, 61 4-' 1	3, '3 4, 8.?. 83.1, 111, I?. lv
Surer' 44.1 v 4.	4. 5 v.1.L. 9 102. 9l0 i, 142.3
Surea-, Consent of , -	y v 1, 9 1 U.2,) 10.9
Sun~e}'n	L 3 2. 3.18.3
Suspension by the Owner~for Convenience 14.3
Suspension of the Wnrk 4.i ", 5.4.2. 1-i.11.-i, 1a.3
Suspension or Termination of the Contract 4.37, jA. t 1, 14
Taxes 3.6, "3.6.a
Termination by the Contreetor .. .. 14.1
Termination by the Ownerfor Cause .. 5x.11,14.2
Termination of the Architect ... 4.1.3
Termination of the Contractor 14.22
TERMINATION OR SUSPENSION OF THE CONTRACT 14
Tests and inspections 333, 4.2.6, 41.9.24.?, I3L 1, 13.5
TIME 6
Time, Delays and Extensions of 4.3.8, ,2.1, 8.3
Time Limits, Specific 2.1.2, 23.1, 3.4, i lli, i 11, 3.li.1,
a3.1, 4.2.11, 43, 4.v, 4.i. 5.3, 5.4, ~ 9.5, ' 3 9, 8 ?, 9.2, 9 i.1.
9 33, 9 41, 9.ti.1, 9 ~, 9-R.?, 9 10.1. 1 L 1 3, 1 l 3, 6, 113 10,
11 3.11, 12 3.?, 123.4, 1_'2.6, 13.', 14
Time Limits on Claims 432, 4.3.3, 4 3.6, 4.3 s, 4.4, 4.5
Title to Fork 9 32, 933
UNCOVERING AND CORREC710N OF WORK 12
Uncovering of Work 12.1
Unforeseen Conditions 43.6, 83.1, 10.1
Unit Pnces ' 1 a,' 332
Cse of Documents -1 1.1, 1 3 ? 25.31?.', ;-3
Use of Site 3.13, (>.1 L v.3.1
Values, Schedule of 9.2, 93. t
Waiver of Claims: Final Payment 4.3.5, -+.;.1, 9.1n3
\~"nicer of Claims b}' the Archime[ .. 13.1.3
\k'aicer of Claims be the Cun[racwr - 9 1 tl 4, 11 9.', 13 v2
\Yalcer of Claims by the Owner 4.3.i 45.1,993,
9 103, 1 13 3. 11 3 5, 11 9.'. 13.43
tti'an-er of Liens 9 ] 0.2
\C'aicers of Subrogation - 6.11.11.5.5,11.3.'
Warranty and lC'arramics 3.5, -i.2.9,
4.35 3, 9.3.3, 9.8.?. 9 9 t, 13 ? 2, 3.' 1 3
\%'eather Delays . 43.82
When Arbitration May Be Demanded 4.5.4
lT'ork. Definition of I 1 3
IX'rirten Consent 1 9 1 9 1 ±. ~4, 9]~ 2, v 1 2. 4 i.4.
a5i, ,~;~ ~i.81.991 91U.3.y lU_; 1n 1.3. 1(1.19.
11 9 1, 11 i I v, 71 3.11. 13:', 13.x2
\Ctitten Interpretations d.2 11. -i.?.1?, v.3.-
Written Notice 2.3 a.4, 3 e 9 taR, 3.13.',, 4 3, 4.4.v.
45.;.2.1.;5,54.1 I, 8,33,04.1,951,9, 910, 1212
102.6, 11 1 i, ll 3, 1? 2.?, 112.4. 13.3, 13 53, t4
\S'ritren f}rders 3.3, 3,9, 4 ;.~,
', 8.22.1 ] 9 ), ] 2.1- 1 L:L. 7 9 ;2, l a 3.1
AIA DOCUMENT A2a1 GFV GRAI. COVUII IriA'S (,F TIIf: t.06'1'Nd(:1 Ptlii CrtS51'Itl r i V,V Ft )I'kl'H[KTII ICUITI<)A
~I4` - IYn' flit. A)18Nh'.g11A5'Il'1'1'TI. (i6 AIn;l11'1'H:"ft 1'55 tiLSC 1 ~ tBF ACFVi F '~ U IX'A~I 11 ~'GTi n, I, C !allot,
A201-1987 5
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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 Con[racn>r (hereinafter the Agreement), Conditions
of the Contract (General, Supplementar}• and other Conditions),
Drawings, Specifications, addenda issued prior to execution of
the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract A Modifi-
cation is (1) a written amendment [o the Contract signed by
both parties, (2) a Change Order, (3) a Construction Change
Directive or (4) a written order for a minor change in the Work
issued by the Architect. Unless specifically enumerated in the
Agreement, the Gon[ract Documents do not include other
documents such as bidding requirements (advertisement or
invitation to bid, Inswctions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding
requirements).
1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction.
The Contract represents the entire and in[egrared agreement
between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral The Con-
tract mac be amended or modified only be a Mudificatinn. The
Contract Documents shall not be construed ro create a contrac-
tual relationship of any kind (1) between [he Architect and Con-
trac[ur, (?I between the Owner and a Subcuntracror or Sub-
suhamtrac[or ur (3) between any persons or entities other than
the Owner and Contractor The Architect shall, however, be
entitled al performance and enforcement of obligations under
the Contract intended to facilitate performance of the
Archirect's duties.
1.1.3 THE WORK
The term "Work" means [he coas[ruc[ion and services
required by the Contract Documents, whether completed or
partially completed, and includes all ocher labor, materials,
equipment and services provided or to he provided by the
Contractor w fulfill the Contractor's obligations. The \w'ork
may constitute the a-hule or a par[ of the Pnijec[.
1.1.4 THE PROJECT
The Project is the total construction of which the Wurk per-
furmed under [he Contract Documents may be the w'holc or a
par[ and which mac include construction by the Uwner ur be
separate eun[rxe[urs.
1.1.5 THE DRAWINGS
The Drawings are [he graphic and pictorial portions of [he Con-
[rac[ Documents, wherever located and whenever issued,
shusving [he design, location and dimensions of the Work,
generally including plans, elevations, scc[ium, details, schcd-
ules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifcations are that portion of [hr Contract Uocuments
consisting nl [he written rcyuiremen[s for materials, cquip-
ment, 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 which may include the bidding requirements, sample
forms, Conditions of the Contract and Specifications.
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 [he
Owner or Contractor or both do not sign all [he Contract
Documents, [he Architect shall identify such unsigned Docu-
ments upon request.
1.2.2 Execution of [he Contract by [he Contractor is a repre-
sentation that [he Contractor has visited the site, become famil-
iar with local conditions under which the Work is to be per-
formed and correlated personal observations with require-
ments of the Contract Documents.
1.2.3 The intent of the Contract Documents is to include all
items necessary for the proper execution and completion of [he
Work br the Contractor. The Contract Documents are comple-
mentarv, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall he
required only [o the extent consistent with the Contract Docu
menu and reasonably inferable from them as being necessan'
ro produce [he intended results.
1.2.4 Organization of. the Specifications into divisions, sections
and articles, and arrangement of Drawings shall not control the
Contractor in dividing the VG'ork among Subcuntrac[ors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless o[hera'ise stated in the Contract Documents,
words which hate well known technical ur construction indus-
[rq meanings are used in the Contract Documents in accord-
ance 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 be the .4rchi[ec[ are instruments of the Architect's
service through which the Work to be executed by [he Con-
[ractur is described. The Contractor may retain one contract
record set. tiei[her the Contractor nor any Subcontractor, Sub-
subcomractor ur material or equipment supplier shall ov.-n or
claim a copyright in the Drawings, Specifications and other
documents prepared be the Architect, and unless otherwfce
indicated [he Architect shall he deemed [he author of them and
will retain all common law, sta[u[on° and other reserved rights,
in addition ut the copyright. All copies of [hem, except [he
Contractor s record set, shall be returned or suitably accounted
for to the Architect, on rcyuest, upon completion of the Wurk.
The Drawings, Specifications and other documents prepared
by [he Architect, and copies thereof furnished to [hc Con[rac-
ux, are fur ass utlely with respect [o [his Project. Thev are nu[
w be used by [he Uro[racutr or any Subam[raculr, Sub-
suha>ntractor or material nr ryuipment supplies on a[her proj-
ects or for additions [o [his Project outside the scope of [he
AIA DOCUMENT A201 • GBxI!HAI. CONUITIUA'ti UP TIIE (.UCTRACT FON f.UN,ti rNCCT1UA' • POUft'I'EF.NTH F.DITIUS
6 A201.1987 ala° • ~= r~x- ru r. nntrau nn nsrrrrTr or nacnl~ t:cTS t-ss ~~ea vuen ns~l:nre. s u., a~nsms~crnn n [. ~unon
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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 Draw- -
ings, Specifications and other documents prepared by the
Architect appropriate [o and for use in the execution of their
Work under the Contract Documents. All copies made under
[his license shall bear the statutory' copyright notice, if any,
shown on the Drawings, Specifications and ocher documents
prepared by the Architect. Submittal or distribution to meet
official regulatory requirements ur for other purposes in con-
nection with [his Project is not ro he construed as publication
in derogation of the Architect's copyright or other reserved
rights.
1.4 CAPITALIZATION
1.4.1 Terms capi[ali~ed in these General ~Condi[ions include
[hose which are (1) specifically defined, (2) the titles of num-
bered articles and identified references to Paragraphs, Subpara-
graphs and Clauses in [he document or (3) [he titles of other
documents published b}' [he American Institute of Architects.
1.5 INTERPRETATION
1.5.1 In [he interest of brecin' the Contract Documents fre-
quen[Ip omit modifying words such as "all" and "any" and arti
Iles such as "the" and "aq" but [he fact [hat a modifier or an
article is absent from one statement and appears in another is
no[ intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is the person or emit}' identified as such in
the Agreement and is referred nt thn+ughuut the Contract
Documents as if singular in number The term "Ow'ner" means
the Owner ur the Owner's authnnzed representaziac.
2.1.2 The Owner upon reasonable written rryurs[ shall furnish
a> the Cuntrae[or in writing inhamation which is necessary and
relevant for the Cuntracns a+ evaluate, give notice of o[
enforce medtanic s lien rights. Such information shall include a
turret[ statement of [he record Icgal title [o the properq' un
a-hich the Project is k+ca[cd, upuulh~ referred to as [he site, and
the Ow-ner's interest therein at the time of csecutiun of [he
Agreement and, within five dacs after any change, information
of such change in title, recorded ur unrecorded.
2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER
2.2.1 The Uwner shall, at the rcyuest of the Contractor, prior
to execution of the Agreement and pannp[I}' from time to time
[hereaher, furnish u+ [he Contractor reasonable evidence that
financial arrangements have been made a> fultlll [he Owner's
obligations under [he Contrac[.[.\ute~ ('mess a't¢h rertsunnlXe
errderece urre Junrtsberl u)] rcY[ucs( pour (o rbe execurrun of
[be .4~rrentrrtl, ![~e pruspechre coatraUur urcudd +tul 6e
requtrec! (u escade (be .Agreement rn~ [r. <'n)>tntel+(e (be ll'in-k.J
w~2.2.2 The Oancr shall furnish surveys dcsccibing phcsical
g charaacas[ics. Icgal limitations and utility Incanuns fnr [he site
'1~ of [he Prnjec't, and a Iegul descripti~~n of the site
2.2.3 Except fur permits and fors which arc [he respunsibili[y
ut [he Canvaaor under the Cun[ra<I Documenb, the Uw net
shall secure :cod pay fhr necessary apprneals, easements, a,csess
menu :cod charges required fnr construction, use or occupancy
of permanent structures or for permanent changes in existing
facilities. _ _~--' ~~
2.2.4 InCormatiun or nder the Owner's control shall
he furnished by the reasonable promptness to
avoid dela}' in orderly progress of [he Work.
2.2.5 Unless otherwise provided in the Contract Documents, ~7
the Contractor will he furnished, free of charge, such copies of,~ ,,.y^
Drawings and Project Manuals as are reasonably necessar}' for i~W
execution of the Work.
2.2.6 The foregoing are in addition to other duties and respon-
sibilities of the Owner enumerated herein and especially those
in respect to Article C (Construction by Owner or by Separate
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 fo correct VG'ork which is not in
accordance with the requirements of the Contract Documents
as required by Paragraph 12.2 or persistently fails [o earn' out
\X'ork in accordance with the Contract Documents, the Owner,
h}' written order signed personall}' or by an agent specificall}- so
empowered by the Owner in writing, may order the Contrac-
tor to stop the Work, or uiq portion thereof, umil the cause for
such order has been eliminated; however, the right of the
Owner ut su.p the Work shall not give rise to a clog- on the part
of the Owner to exercise this right for the benefit of the Con
aac[or or any- other person ur entin~, except a> the extent
required by Subparagraph 6.1.3.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2.4.1 If the Con[racux defaults ur neglects [u earn' out the
Work In accordance wl[h [he Contract Documents and Palls
within a seven-day period after recetpt of written notice from
[he Owner [u commence and comimte a+rrec[ion of such
default ur neglect with diligence and pnimp[ness, the Uwner
may after such seven day period give the Contractor a second
written nuuce ro axrect such deficiences w5[hin a second
seven day period. If the Cnntracux wtthin such second secen-
dap period after receipt of such scamd notice Cails [Yt c~m-
mence and continue ut correct am- deficiencies, the Owner
mat', w-i[hout prejudice to other remedies [he Owner mac
have, correct such deficiencies. In such case ah appn,pnate
Change Order shall be issued deducting from payments [hen ur
[hereaf[rr clue the Contracu it the et,ct of corrreting such deft
ciencies. including compcnsatinn fur [he Archttect .additional
scn~iccs and cspcnscs made nec'essar}' by such default, neglect
ur failure. Such action be the Owner and anu>ums charged ¢t
the Contractor are both subject to prior approval ut the Archi
test. It payments [hen or Ihrrrafter due the Contractor arc nu[
sufficient [u cover such amounts, the Cun[rac[or shall pas [hc
diftcrcncc [n [hc Owner
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 7-hc Contractor is the person ur en[ig identified as such
in the Agreement and is referred n+ throughout [he Contract
Documents as if singular in number The term `Cun[rattur'
means [he Contmcns ur the Cun[rucd trs authorized
rcprrx'nlaucc
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A201-1987 7
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3.2 REVIEW OF CONTRACT DOCUMENTS AND
FIELD CONDITIONS BY CONTRACTOR
3.2.1 The Contractor shall carefully study and. compare the
Contract Docuuments with each other and with information
furnished by the Owner pursuant to Subparagraph 2.2.2 and
shall at once report to the Architect errors, inconsistencies or
omissions discovered. The Contractor shall not be liable to [he
Owner or Architect for damage resulting from errors, inconsis-
tencies or omissions in the Contract Documents unless [he
Contractor recognized such error, inconsistency or omission
and knowingly failed to report it to the Architect If the Con-
tractor performs any consvuction activity knowing i[ involves
a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Architect, the Comrac-
tor shall assume appropriate responsibility for such perfor-
mance and shall beaz an appropriate amount-of the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verifq
field conditions and shall carefully compare such field mea-
surements and conditions and other information known to [he
Contractor with the Contract Documents before commencing
activities. Errors, inconsistencies or omissions discovered shall
be reported [o the Architect a[ once.
3.2.3 The Contractor shall perform the Work in accordance
with the Contract Documents and submittals approved pur-
suant to Paragraph 3 t2.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supen•ise and direct the Work,
using the Contractor's best skill and attention. The Contractor
shall he solely responsible for and have control over cunstruc-
tiun means, methods, techniyues, sequences and procedures
and for coordinating all puniuns of the Work under the Con-
tra[[, unless Contract Documents Bice other specific instruc-
tions concerning these matters.
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 Wurk under a contract with the Contractor
3.3.3 The Conaac[or shall not be relieved of obligations to per-
form the Work in accordance with [he Convact Documents
either by activities ur duties of the Architect in the Architect's
administration of the Contract, or by [esa, inspections or
approvals required ur performed by persons other than the
Contractor
3.3.4 The Contractor shall he responsible for inspection of por-
tions of Work already performed under this Contract to deter
mine that such portions are in propec condition u) receive sub-
sequent Work.
3.4 LABOR AND MATERIALS
3.4.1 Giles otherwise provided in the Contract Documents,
the Contractor shall provide and pa}' for labor, materials, equip
meet, tools, construction equipment and machincrp, water,
heat, utilities, vanspor[ation, and other facilities and services
necessary for proper execution and a>mplction of the Wnrk,
e-hcthcr remporarv nr permanent and whether or no[ incorpo-
rated or to be incorporated in [hc ~X%ork.
3.4.2 The Contractor shall enforce strict discipline and good
order among the Contractor's employees :rod other persons
carn~ing out the Contract. The Con[raca>r shall no[ permit
employment of unt]t persons ur persons no[ skilled in tasks
assigned to them.
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or permit-
tedby the Contract Documents, [hat the Wock 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 require-
ments, including subs[imtions 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 Architect,
[he Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and similar
[axes for the Work or portions thereof provided by the Con-
tractor 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 Cnless otherwise provided in the Contract Documents,
[he Contractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
which are cus[omarih' secured after execution of the Contract
and which are legally required when bids are received or nego-
tiations concluded.
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is no[ the Contractor's responsibility [u ascertain that
the Contra[[ Documents are in accordance with applicable
laws, statutes, ordinances, building codes, and roles and regula-
tions. However, if the Contractor observes that portions of the
Contract Documents are at variance therewith, the Contractor
shall promptly notif}• the Architect and Owner in writing, and
necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the Cuntracror performs Wock knowing it to be con-
trary to laws, stam[es, ordinances, building codes, and rules and
regulations without such notice to the Architect and Owner,
the Contractor shall assume full responsibility for such Work
and shall bear [he attributable costs.
3.8 ALLOWANCES
3.8.1 The Contractor shall include in the Contra[[ Sum all
allowances stated in the Contract Documents. Items covered.
by allowances shall he supplied far such amounts and by such
persons or entities as [he Oa'ner map direct but the Conttacux
shall not he required to employ persons or entities against
which the Contractor makes reasonable objection.
3.8.2 Unless o[hetr"isr pen°ided in [he Contratt Documents:
.1 materials and equipment under an allowance shall he
selected promptly by the Owner ¢) avoid delay in the
Wurk;
.2 allos~-ances shall cover the cos[ to [he Contractor of
matenals and equipment delivered at the site and all
required rases, less applicable trade discounts;
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.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 he adjusted accordingly by
Change Order. The amount of the Change Order shall
reflect (k) 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 superinten-
dent and hecessarv assistants who shall be in attendance at the
Project site during performance of the Work. The superinten-
dent shall represent [he Contractor, and communications given
to the superintendent shall be as binding as if given [o the Con-
tractor. Important communications shall be confirmed in writ-
ing. Other communications shall be similarly confirmed on
writen request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly after being awarded the Con-
tract, shall prepare and submit for [he Owners and Architect's
infnrmation a Contractor's construction schedule for the Work.
The xhedulr shall no[ exceed time limits current under the
Cuntr'art Documents, shall be revised a[ appropriate intervals as
required h}' the conditions of the Wurk and Project, shall be
related to [hc entire Project to [he extent requ¢cd by me Con-
tract Documents, and shall provide for expeditious and prac[i
cable execution of the \%'ork.
3.10.2 The Cunvactur shall prepare end keep current, for the
Architect s approval, a schedule of submittals which is ttxxdi
nated n~ith the Contractor's atnstmetiun schedule and allows
the Archl[ec[ reas<mable ume [n review submittals.
3.10.3 Thr Contractor shall conform nr the must recent
,chedulcs.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site fo[ the Owner
one record cup}' of the Drawings, Speafications, addenda,
Change Orders and other Modifications, in good order and
marked currently to record changes and selections made during
ams[ruaion, and in addition approved Shop Drawings, Prod-
uct Da[a- Samples and similar required submittals. These shall
he available to the Architect and shall be delivered u> me Archi-
tect fur submiaal to the Owner upon completion of [he Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings arc dra~~ings, diagrmns, sdtedulrs and
n[her data specially prepared fur the Wurk b} [he Contractor nr
a huh<untric[nr. Sub-suhanu rsalr, manufacturer, supplier ur
dievibutnr n, dlusaa[e unnc portion of the Wnrk.
3.12.2 Pnxluct Dula are illuMCt[iuns, standard ac hedulrs, pcr-
f~sm:ma~ chart. instructions, bn+chur<:c. diagr:mts and other
iNurnwtiun lurninhcd he the (.unu uc[ut to dlus[ra[e materials
ur cympmcnt tur a nnc pnrdun ut the U urk.
3.12.3 c:unplen arc phvsied examples which illustr:nc
matcnah cyuipmcm ur wnrkmansh ip and csrthlish standal ds
m ~~ hu Pi the AX'urk will ht' judged.
3.12.4 shnp Ilrnoings. l'n cduct Uata. ti:uuplo and>unilarsuh-
nlululs are nut l.un uad Uneumrn[s. the purl ru.e ul their sub
niiU:d Is to dcnu m,u:uc tur those punium ul the \\ork Inc
which submittals are required the way the Contractor proposes
to conform to [he information given and the design concept
expressed in the Contract Documents. Review by the Architect
is subject to the limitations of Subparagraph 4.2.7. _
3.12.5 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by [he Contract Documents with reason-
able promptness and in such sequence as to cause no delay in
the Work or in the activities of the Owner or of separate con-
tractors. Submittals made by the Contractor which are no[
required by the Contract Documents may be returned without
action.
3.12.6 The Conaac[or shall perform no portion of the Work
requiring submiaal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submit-
tal has been approved by the Architect. Such Work shall be in
accordance ~~i[h approved submiaals.
3.12.7 By approving and submitting Shop Drawings, Product
Data, Samples and similar submittals, the Contractor represents
[hat [he Contractor has determined and verified marerials, field
measurements and field construction criteria related thereto, or
a-ill do so, and has checked and coordinated the information
comained a-ithin such submittals with the requirements of the
Work and of [he Contract Documents.
3.12.8 The Contractor shall nut be relieved of responsibility
for deviations from requirements of the Contract Documents
by [hr Architect's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has
specifically informed the Architect in writing of such deviation
at the time of suhmittal and me Architect has given written
approval to [he specific deviation. The Contrattor shall not be
relieved of responsibility for errors or omissions in Shop Draw-
ings, Product Data, Samples or similar submittals by the Archi
ted,c appmcal [hereof.
3.12.9 The Contract>r shall direct specific attentioq in writing
ur on resubmiaed Shop Drawings, Yruduct Data, Samples nr
similar subminals, to revisions other than those requested be
the Architect un previous submittals.
3.12.10 Informational submi[taLs upon which the Architect is
not expected n> take respunsiye action may be so identified in
the Coutract Ducunients.
3.12.11 When professional certification of performance criteria
of materials, scs[ems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon the
accuracy and completeness of such calculations and certifi-
cations.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to
areas permitted b}~ Iati: ordinances, permits and [he Contract
Documents and shall nut unreasunabh- encumber the site a~i[h
materials or equipment.
3.14 CUTTING AND PATCHING
3.14.1 Thr (.onVacncr shall be responsible for cutting, fiaiog
or patching rcYluired to complete the Wurk or nt make its parts
fit together prupcdp
3.14.2 the Cunvactur shall nut damage or endanger a portion
of [hc Wurk nr fully or panialh completed comtruc[ion of me
Owner or separate cuntrac[urs by cutting, patching or Omer
wise :dtcring such construction ur he cxcavauon. "Phr Cnn[rac-
nn shall uul wt ur nthcnyisc alter .curb eunst rucUUn hr the
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Owner or a separate contractor except with written consent of
the Owner and of such separate contractor, such consent shall
not he unreasonably withheld. The Contractor shall not unrea-
sonably withhold from the Owner or a separate contractor the
Contractor's consent to cutting or otherwise altering [he Work.
3.15 CLEANING UP
3.15.1 The Contractor shall keep the premises and surround-
ing area free from accumulation of waste materials or rubbish
caused h}' operations under the Contract At completion of the
Work the Contractor shall remove from and about [he Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
3.15.2 If the Contractor Fails to clean up as provided in [he
Contract Documents, the Owner may do so and the cost
thereof shall he charged to the Contractor. '
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
3.17 ROYALTIES 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 and Architect harmless
from loss on account thereof, but shall not be responsible for
such defense or loss when a particular design, process or prod-
uct of a particular manufacturer or manufacturers is required by
[he Contract Documents. However, if the Contractor has rea-
son [o believe that [he 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.
3.18 INDEMNIFICATION
3.18.1 7o the fullest extent permitted by law, [he Contractor
shall indemnify and hold harmless the Uwner, Architect, Archi-
tect's consultants, and agents and employees of any of [hem
from and against claims, damages, losses and expenses, includ-
ing but not limited [o attorneys' fees, arising out of or resulting
from performance of the Wurk, provided that such claim, d:mr
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or [n injury to or destruction of tangible prop
eery lo[her 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 nut
such claim, damage, loss or expense is caused in part be a parry
indemnified hereunder. Such obligation shall no[ he construed
ro negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party ur person
described in this Paragraph 3 18.
3.18.21n claims against am- person or emitr indemnified
under [his Paragraph i IH by an employer of [he Contractor, a
~ubeon[rac[or, anyone directly or indirretl}' employed by them
or anyone for whose acts [hey mac he liable, the indemnifica-
tion obligation under [his Paragraph j 1 H shall nu[ be limited by
a limitation un :unoun[ ur type of damages, compensation or
benefits payable be nr for the Contractor ur a Subcuntracax
under workers' nr workmen s compensation acts, dis:tbili[p
bend[[ acts or other employee beneFl[ acts.
3.18.3 The obligations of the Contractor under [his Paragrph
3 1 R shall not extend ur [he liabilin~ of the Architect, the Archi-
tea's consultants, and agents and employees of any of them
arising out of (1) the preparation or approval of maps, drawings,
opinions, repons, surveys, Change Orders, designs or specifica-
tions, or (2) the giving of or the failure to give directions or
instructions by the Architect, the Architect's 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.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHRECT
4.1.1 The Architect is the person lawfully licensed to practice
architecture or an entity lawfully practicing architecture iden-
tified as such in the Agreement and is ceferred to throughout
the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized
representative.
4.1.2 Duties, responsibilities and limitations of authority of the
Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall nut be unrea-
sonably withheld. _
4.1.3 In case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con-
tractor makes no reasonable objection and whose status under
the Contract Documents shall he that of the former architect.
4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1 3
shall be subject to arbitration.
4.2 ARCHITECT'S ADMINISTRATION
OF THE CONTRACT
4.2.1 The Architect will provide administration of the Contract
as described in the Contract Documents, and will be the
Owner's representative (1) during constructioq (2) until final
payment is clue and (3) with the Ownei s concurrence, from
time to time during the correction period described in Para-
graph 12.2. The Architect will advise and consult with the
Owner. The Architect will have authority to act nn behalf of [he
Owner only to the extent provided in [he Contract Documents,
unless otherwise modified by written instntment in accordance
with other provisions of the Contract.
4.2.2 The Architect will visit [he site at intervals appropriate to
[he 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 indicat-
ing that the Wurk, when completed, will be in accordance with
the Contract Documents. However, the Architect will not be
reyuired u[ make eshaus[ive or continuous on-site inspections
ui check yualin or quantity of [he Work. On the basis of on-
site ubserv°ations as an architect, the Architect mill keep [he
Owner informed of progress of [he Work, and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.2.3 The Architect will not have control over or charge of and
will nut be responsible for construction means, methods,
techniyues, scyurnces ur procedures, or fur safe[}' precautions
and programs in connection with the u'urk, since these are
solely the Contractor's responsibility as prucided in Paragraph
3 3. The Architect will no[ he responsible for [he Contractor's
failure a> carry out [he Work in accordance with the Contract
Documents. The Architect will not have control over or charge
of and will not he responsible for acts or omissions of the Con-
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tractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the Work.
4.2.4 Communications Facllltating Contrect Administra-
tion. Except as otherwise provided in the Contract Documents
or when direct communications have been specially autho-
rized, the Owner and Contractor shall endeavor to communi-
cate through the Architect Communications by and with the
Architect s consultants shall be through the Architect. Commu-
nications by and with Subcontractors and material suppliers
shall be through the Contractor. Communications by and with
separate contractors shall be through the Owner.
4.2.5 Based on the Architect's observations and evaluations of
[he Contractor's Applications for Payment, the Architect will
review- and certify the amounts due the Contractor and will
issue Certificates for Payment in such amounts.
4.2.6 The Architect will have authority [o reject Work which
does no[ conform to the Contract Documents. Whenever [he
Architect considers it necessary or advisable for implementa-
tion of the intent of [he Contract Documents, the Architect wID
have authority to require additional inspection or testing of the
Work in accordance with Subparagraphs 13.5.2 and 13.5.3,
whether or no[ such Work is fabricated, installed or completed.
However, neither this authority of [he Architect nor a decision
made in good faith either to exercise ur not to exercise such
au[hori[}' shall give rise to a duty or_responsibility of the .4rchi
tect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees, or other persons perform-
ing portions of the Work.
4.2.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submiaals such as
Shop Drawings, Product Data and Samples, but only for [he
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Ducu-
menn. The Architect's action will be taken with such reason-
able promptness as to cause ^o delay in the Work or in the
activities of [he Owner, Contractor or separate contraeturs,
while allowing sufficient time in the Architect's professional
judgment [u permit adequate review Review of such submittals
is no[ 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, al] oC which remain the
responsibilin• of the Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submit-
tals shall not relieve [he 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 u[hera~ise
5peciticalh- stated by the Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect s
approval u(a specific item shall not indicate approval of an
assembly of which the item is a component.
4.2.8 The Architect will prepare Change Orders and Constme-
[ion Change Directives, and may authorize minor changes in
the Work as provided in Paragraph ~ v.
42.9 The Architect will conduct inspections to determine the
date ur dates of Substantial Completion and [he date oC final
completion, mill receive and forward ul [he Owner for thc-
Owner's review and records w-ri¢en warranties and related
documents required by the Contract and assembled by [hc
Cun[rac[nr, and will issue a final Cer[ifica[e fur Pa}'men[ upon
compliance with [he requirements of [he Contract Documents.
4.2.10 If the Owner and Architect agree, the Architect will pnr
vide tine ur more project representatives to assist in carn~ing
out [he Architect's responsibilities at [he site. The duties,
responsibilities and limitations of authority of such project
representatives shall be as set forth in an exhibit to be incorpo-
rated in the Contract Documents.
4.2.11 The Architect will interpret and decide matters concern-
ing performance under and requirements of the Contract
Documents on written request of either the Owner or Contrac-
tor. 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 fur-
nished in compliance with this Paragraph 4.2, then delay shall
not be recognized on account of failure by the Architect to fur-
nish such interpretations until 15 days after written request Ls
made fur them.
4.2.12 Interpretations and decisions of the Architect mill be
consistent with the intent of and reasonably inferable from the
Contract Documents and wilt 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.
4.2.13 The Architect's decisions on matters relating to aesthetic
effect will be final if consistent with the intent expressed in the
Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of
the parties seeking, as a matter of right, adjustment oc interpre-
tation 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 maners in ques
lion between the Owner and Contractor arising out of or relat-
ing to the Contract Claims must he made by written notice.
The responsibility to subs[amia[e Claims shall rest with [he
party making [he Claim.
4.3.2 Decision of Architect. Claims, including those alleging
an error ur omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragraph v.4. A deci-
sion by the Architect, as provided in Subparagraph v.4.-i, shall
be required as a condition precedent to arbitration or litigation
of a Claim between [he Cunractor and Owner as to all such
matters arising prior to the date final payment is due, regardless
of (1) whether such matters relate [u execution and progress of
[he Work or (2) the extent to which the Work has been com-
pleted. The decision by [he Architect in response [u a Claim
shall not he a condition precedent nl arbitration or litigation in
the event (1) the position of Architect is vacant, (Z) [he Architect
has not received evidence or has failed to render a decision
within agreed time limits, (3) [he Architect has failed to take
action required under Subparagraph 4.v ~ within 3u days after
the Claim is made, (4) -t5 days have passed after the Claim has
been referred nt the Architect or (5) [he Claim relates [o a
mechanic's lien.
4.3.3 Time Limits on Claims. Claims by etthcr party must be
made within 21 days after occurrence of the even[ giving rise to
such Claim ur within 21 days after the claimant first recognizes
[hc condition giving rise to the Claim, whichever is Inter. Claims
must be made by written notice. An additional Claim made
after [he initial Claim has been implemented by Change Order
will oot be considered unless submitted in a timely manner
AIA DOCUMENT A201 GESI:NAI. ru,NUITIU]'S nF THF. r,r~Cl'BA~'I P<rk Cn NSI'Hl'c[lu~~ • Pnl'k"rYE9'rH lil tl'll(t'~
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A201-1987 11
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4.3.4 Continuing Contract Perfomtanee. Pending final reso-
lution of a Claim including arbitration, unless otherwise agreed
in writing the Contractor shall proceed diligently with perfor-
mance of [he Contract and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Waiver of Claims: Final Payment. The making of final
payment shall constitute a waiver of Claims by the Owner
except those arising from:
.1 liens, Clavns, securip~ interests or encumbrances aris-
ing out of the Contract and unsettled;
.2 failure of [he Work to comply with the requirements
of the Canvas Documents; or
.3 terms of special warranties required by the Contract
Documents.
4.3.6 Claims for Concealed or Unknown Conditions. tf con-
ditions are encountered at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materi-
ally from those indicated in [he Con[rac[ Documents or f2)
unknown physical conditions o[ an unusual nature, which dif-
fer materially from thcue ordinarily found to exist and generally
recognized as inheres[ in- construction activities of the
character provided fur in the Cuntrart Documents, then nuticc
by [he observing party shall be given to [he other party
prompd}~ before conditions are disturbed and in no event later
than 21 days alter firtit observance of the conditions. The Archi-
tect will promptly investigate such conditions and, if they differ
materially :md cause an increase or decrease in the Contractor's
sus[ ot, or time required tor, performance of any part of the
Work, will recommend an cyuttuhle adjustment in the Cuntrart
Sum or Cumrac[ Time, or bath. If [he Architect determines [hat
the conditions a[ the site arc nut materially different from [hose
indicated in the Cuntratt Documents and that no change in the
terms of the Contract is justified, the Architect shall su north'
the Owner and Contractor in writing, stating the reasons.
Claims by either patty in uppnnttiun to such detemtinauun
must be made within 21 dacs after the Arch¢cct has gn-en
notice of the deasu m. If [he rRcncr and Contractor c~nnu[.
agree on an adjusunent in [he t.untrac[ Sum or Contract "Time,
the adjustment shall be referred [.1 [he Architect for initial dr[cr-
mina[iun, subject ^t further hrorcrdings pursuant to Paragraph
t.~.
4.3.7 Claims for Additional Cost. If the Contractor wishes u,
make Claim Ic ~r an increase in [he Con[nuT Sunt, written notice
as prop idcd herein ,hall be giycn before proceeding to execute
the VC-ark Prior n~tdce is nut re~yuirrd tirz Claims relating hl an
enxrgrnc ~° cndangcdng I1Pr ~s proper[} arising under Part-
4ntph In 5 11 the f untrarGrz belicvice additional sus[ is
inrulvc<I fur rc:rsuns including hu[ nn[ limited to (]) a N~rittcn
interpremti~ m tram the Ardiitec[. 12) an order M the Owner at
slap the VC-ark ~~ beer the (., ntnarax vv-as nut at fault 1 i) a writ
[en artier h,r ll mirn tr change m the Wnrk isvucd by the Archi
reef, D)) failure ~ ~r p.lcnx~nl by th~~ t )ti ncr, I s) Ierminaut m ~ rt the
:.um nta h~ the c beau, uq nu ncr s suspension or 1') other
re.Iann.lhlc gn amd> r arum nh:dl he filed in acenrdanrr wish [he
pan educe cstlhlfshcJ Itcrcin
4.3.8 Claims for Additional Time
4.3.8.1 II the t.unl ntaur vv~i+hcs to make Claim tar an increase
in the tl~,nnacl 'l'ime, vv~ritten snore as provided herein sh:Jl he
gic cn. "Ihr tnntrarn,r's Claim shell Include :m rs[in talc of rout
and , d p~ ~ ihdhle clk'et ut delay , m prngrcxs of the \% ~ n k_ In the
cue of a ~.~ mlinuing delay nnh , nu' (~.laim is nt'ressun
4.3.8.2 If adt crse r~ewhcr unnLliunz ale Ihr haeis lur a (.Ieinl
tl tr additii mall ante. such Clain) shall he do, unlrnlrJ by J:n.l
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.
4.3.9 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 acts
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 tletail to enable
[he other parry to investigate the matter. If a Claim for addi-
tional cost or time related to this Claim is [o be assened, i[ shall
be filed as provided in Subparagraphs ti.3.7 or ti.3.8.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Architect will review Claims and take one or more of
[he following preliminary actions within ten days of receipt of a
Claim: (l) reyuest additional supporting data from the claimant,
12) submit a schedule [o [he parties indicating when the Archi-
tect expects [o take action, (3) reject the Claim in whole or in
part, stating reasons for rejection, (4) recommend approeal 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.
4.4.2 If a Claim has been resolved, the Architect will prepare or
obtain appropriate documentation.
4.4.3 If a Claim has not been resoh•ed, [he pare- making the
Claim shad, within ten days after the Architect's preliminary
response, take one or more of the following actions: I l) submit
additional supporting data requested by the Architect, (2)
modif}' the initial Cl:tim or (3) notify_the Architect that the initial
Claim stands.
4.4.4 If a Claim has not been resolved after consideration of [he
foregoing and of further evidence prc-sented by the paaies or
requested by the Architect, the Architect will notifi~ [he parties
in writing that [hc Architect's decision will be made within
seven days, which decision shall he final and binding on the
parties hu[ subject to arbitration. Cpon expiration of such time
period, the Architect will render to the parties [he Architect's
cvriucn decision relative to the Claim, including am- change in
the t .nnvact Sum or Contract Time or both. If there is a surety
and there appears to he a possibility of a Contractor's default,
[hc A« hi[cc[ ma}~, but is not obligated K), notify [he surety and
reyuest the suretl5 assistance in resolving the contmversy-
4.5 ARBITRATION
4.5.1 Controversies and Claims Subject to Arbitration. Any
cants nrrsv ur Claim arising out of ur related to [hc Contract,
or the ba~ch thereat; shall be sealed M' arbivatiun m acav-
danc e e~i[h the Cunstruc[ion Industry Arbitration kules of the
Mterican Arbitration Association, and judy,[nent upon the
award rendered by the arhivau>r nr arbitrators mac hr entered
in an} iuurt having junsdittion thereof, except cunvuversies
or Claims relating to aesthetic effect and except [hose waived as
pro~idcd fin in Subparagraph a. i.5 Such amtrovcrsies ur
Claims up~m which [he 9rrhilccl has given nuticc and rendered
a decision an prnvideJ in Subparagraph v ti.h sh;tll be subject ut
arbitration upon vv~riurn demand of either p;uty Arbitration
map be ~ ummenrrd when ii dacs have passed after a Claim
has been rxaern~d lu the :VChi0.~cl as pnrcidcd in Parugr;gth t i
and nu dci i,iun has been rcndcrcd
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4.5.2 Rules and Notices ~,or Arbitration. Claims between the
Owner and Contractor not resolved under Paragraph 4.4 shall,
if subject to arbitration under Subparagraph 4.5.1, be decided
by azbitration N accordance with the Construction Industry
Arbitration Rules of the American Arbitration Assoxiation cur-
rently in effect, unless the parties mutually agree otherwise.
Notice of demand for arbitration shall be fled in writing with
the otfier parry [o the Agreement between the Owner and Con-
tractor and with the American Arbitration Association, and a
copy shall he filed with the Architect.
4.5.3 Contract Performance During Arbitration. During arbi-
tration proceedings, the Owner and Contractor shall comply
with Subparagraph 4.3.4.
4.5.4 When Arbitration May Be Demanded. Demand for arbi-
tration of any Claim may not be made until the earlier of (1) [he
date on which the Architect has rendered a final written deci-
sion on the Claim, (2) the tenth day after the parties have pre-
sented evidence Ixt the Architect or have been given reasonable
opportunit}' to do so, if the Architect has not rendered a final
a-ritten decision by that date, or (3) any of the five events
described in Subparagraph 4.3.2.
4.5.4.1 When a written decision of the Architect states that (l)
the decision is final but subject [o arbitration and (2) a demand
for arbiuadon of a Claim covered by such decision must be
made within 3U da}'s after the date on which the par[}' making
the demand receiaes the final written decision, then failure ro
demand arbitration within said 30 days' period shall result in
the Architect's decision becoming final and binding upon the
Uwner and Contractor If the Architect renders a decision after
arbitration proceedings have been initiated, such decision ma}'
be entered as evidence, but shall nut supersede arbitration pro-
ceedings unless the decision is acceptable ro all parties
concerned.
4.5.4.2 A demand for arbitration shall be made within the time
limits specified in Subparagraphs 4.5 1 and 4.5 4 and Clause
4.5 4.1 as applicable, and in other cases within a reasunahle
time after the Claim has arisen, and in nn event shall i[ he made
after the date lv~hen institution of legal or equitable proceedings
ba+ed o^ such Claim would be barred by tlhe applicable statute
of limitations ac determined pursuant to Paragraph 1 3 ~.
4.5.5 Limitation on Consolidation or Joinder. No arbitration
arising uu[ of nr relating [u the Contract Documents shall
include, by consolidation or joinder ur in am• other manner,
the Architect, the Architect's employees or consultants, except
by writtrn consent conciining specific reference [n [he .4grre-
ment and signed by the Architect, Owner, Contrun>r and anc
other person ur entity sought to he joined. Nu arbitration shall
include, by consolidation or joinder or in any other manner,
parties other than the Uwner. Cun[racaor, a sghxmte cuntrac-
uor as described in Articc h and othe[ persons sthstantially
im~olved in a~common question of fact or law whose presence
is required if complete relief is al he accorded in arbitration. No
person or enti[c ~ rther than [he Ov'nrr, Contractor or a separate
contracurz as described in Article fi shall be included as an orig
loot [bird pain nr additional dhird part}' to an arbitration whose
interest ur respnnsibilfiy is insubs[anual. Consent [u arbitration
im~nlcing an additional person nr ennn~ shall not constitute
armenl to arbnruunn of a dispute nut described therein ur N'ith
a pcrsnn nr cutilc nu[ named or described Ihrrcin. Thr ti ar
goutg agn'entent [u arbitrate and other agnrnx-nis a, ^rbitretc
n'ith an additional pcrxm ur coot} dole unt+x7ucd lu b\ pet tics
to dlc Agrccmcut .hall br spcvihcally cnkorceahlr under appli-
ed\Ie la\\ ul :m\ \nun h:n~ing jurixlirtiun therrul.
4.5.6 Claims and Timely Assertion of Claims. A pam~ who
files a notice of demand for arbitration must assert in the
demand all Claims then known to that party on which arbitra-
tion is permitted to be demanded. When a party fails to include
a Claim through oversight, inadvertence or excusable neglect,
or when a Claim has matured or been acquired subsequently,
[he arbitrator or arbitrators map permit amendment.
4.5.7 Judgment on Final Award. The award rendered by the
arbitrator or arbitrators shall he final, and judgment may he
entered upon it in accordance with applicable law in any coon
having jurisdiction thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entire 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 Subcon-
tractor. The term "Suhcontractra" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 ASub-subcontractor is a person or entity who has a
direct or indirect contract with a Subcontractor [o performs
portion of the Work at the site. The term "Sub-subcontractor"
is referred [o throughuu[ [he Cunaac[ Documents ac if singular
in number and means aSub-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 Cnless othernise stated in the Contract Documents or
the bidding requirements, the Contractor, as soon as prat
[icable after award of the Contract, shall furnish in writing w
the Owner through [he Architett the names of persons or enti-
ties (including [hose who are to furnish materials or equipment
fabricated to a special design) proposed fur each principal por-
tion of the Work. The Architect n ill promptly replc to the Con-
tractor in writing slating whether or no[ the Owner nr the
Architect, alts[ due inves[igatiuq has reasonable objection ho
any such proposed person or en[iry' Failure of the Owner ur
Architect to reply promptly shall constitute ounce of nu reas~n-
able objection.
5.2.2 The (.on[ractor shall no[ contras with a proposed per
son or enti[v to whom the Oa-ner ur Architect has made rcr
sonahlr and tlmelc objection. The CnntracRtr shall no[ he
required ao amtrac[ with anyone to whom the Contrncuor has
made reasonabe objection.
5.2.3 I( the Owner ur Architect has reasonable objrctiun hl a
person or entity proposed by the Cun[rac[or, [he Contrnctur
shall propose another ul whom [he Owner ur Arc'hitcct has nu
rusonable objection. The Cunvaa Sum shall br mcrcu+ed ur
decreased by [he difference in cos[ uccasinned be such change
and an appropriate Change Urder shall be issued. Huwrcer, no
increase in the Contract Sum shall bu alh>n'rd fur such c'h:mgc
unless [he Contractor has acted prumptlc and renpuneivrly in
ulbmi[[ing names as ¢yuired.
5.2.4 "l~hc Contractor sball nut change a Subaahvart a, pcrsnn
ur enW v pn~\hnusly x9retrd it the Uwner or ,Archi0.ri make.
rt-.uunabir nhlcctiun tI nurh \hangc.
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A201-1987 13
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5.3 $UBCONTRACTUAL 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 Docu-
ments, and to assume toward the Contractor all the obligations
and responsibilities which the Contractor, by these Docu-
ments, assumes toward the Owner and Architect. Each subcon-
tact agreement shall preserve and protect the rights bf the
Owner and Architect under the Contact Documents with
respect to the Work [o be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and
shall allow to the Subcomactor, unless specifically provided
otherwise in the subcomact 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
Subcomractor to enter into similar agreements with Sub-sub-
contractors. The Contractor shall make available to each pro-
posed Subcontactor, prior to the execution of the subcontact
agreement, copies of the Contract Documents to which [he
Subcontactor will be bound, and, upon written request of the
Subcomractor, identify to the Subcomractor terms and condi-
tions of [he proposed subcontact agreement which may be at
variance with the Contract Documents. Subcunuac[ors 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 Para-
graph 14.2 and only for those subcontract agreements
which the Owner accepts by no[ifi~ing the Subcon-
tractor in writing; and
.2 assignment is subject to [he prior rights of the Buren-,
if any, obligated under bond relating to the Contract.
5.4.2 [f the Work has been suspended for more than 3U days,
the Subcon[rac[or's compensation shall he equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER
OR BY SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION
AND TO AWARD SEPARATE CONTRACTS
6.1.1 The Uwner reserves the right to perform construction or
operations related t[. the Project with [he Owner's own forces,
and to award separate contracts in cnnneaion with other pur-
tiuns of the Project or other a[nstmaion or operations on the
site under Conditions of the Con[rac[ identical or subsantially
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 h}' the
Owner, the Contractor shall make such Claim as provided else-
where in the Contact Documents.
6.1.2 ~y'hen separate contacts are awurded Cur different pot
[ions oRhe Project ur other ams[ruc[iun or operations un the
site, [hc term "Cun[racutr" in the Contract Documents in each
case shall mean the Contactor why, executes each scp:¢a[e
Ua~ncr-Cuntae[ur Agreement.
6.1.3 The Owner shall provide for coordination of [he activi-
ties of the Owner's own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate con-
tractors and the Owner in reviewing their construction sched-
ules when directed to do so. The Contractor shall make any
revisions to the construction schedule and Contact Sum
deemed necessary after a join[ review and mutual agreement.
The construction schedules shall then constitute the schedules
to be used by the Contactor, separate contractors and the
Owner until subsequently revised.
6.1.4 Unless otherwise provided in the Contract Documents,
when the Owner performs constmction or operations related
w [he Project with the Owner's ow-n 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 Condi-
tions of the Contract, including, without excluding others,
those stated in Article 3, [his Article 6 and Articles 10, 11
and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner and separate con-
tractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their actici-
[ies and shall connect and coordinate the Contactor's con-
struction and opeations with theirs as required by [he Contract
Documents.
6.2.2 If part of the Contractor's Work depends for proper
execution or results upon construction or operations by the
Owner or a separate comactor, the Contractor shall, prior [o
proceeding with that portion of the Work, promptly report to
the Architect apparent discrepancies or defects in such other
construction [hat mould render it unsuitable for such proper
execution and results. Failure of [he Contactor so to report
shall constitute an acknowledgment that the Oamcr's or sepa-
rate contractors' completed or partially completed construction
is fit and proper to receive [he Contractor's ~C'ork, except as to
defects not then reasonably discoverahle. -
6.2.3 Costs caused by delays or by improperly timed activities
ur defective construction shall be borne by the porn- responsi-
ble therefor.
6.2.4 The Contractor shall promptly remed}' damage wrong-
fully caused by the Contractor to completed or partially com-
pleted construction or to property of the Owner or separate
contractors as provided in Subparagraph IU.2.5
6.2.5 Claims and other disputes and matters in question
hetween the Contractor and a separate contractor shall be sub-
ject [o [he provisions of Paagraph 4.3 provided the separate
contractor has reciprocal obligations. -
6.2.6 The Owner and each separate contractor shall have the
Bacot responsibilities for tuning and patching as are described
for the Comactor in Paragaph 3 13.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contactor, separate con-
tractors and the Uw-ner as [u [hc responsibility under [heir
respective contacts for maintaining the premfscs and surround-
ing area far: from a-as[c ma[crials and rubbish as described in
Yaagraph 3 15, the Owner may clean up and allocate [he cos[
among [hose responsible as [he Architect determines [o he just.
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ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accomplished after execu-
tion of the Contract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in [he Work, subject to the limitations stated in
this Article ~ and elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among
the Owner, Contractor and Architecq a Construction Change
Directive requires agreement by [he Owner and Architect and
may or may not be agreed to by the Convaaor, an order for a
minor change in the Work ma}' he issued by [he Architect
alone.
7.1.3 Changes in the Work shall be performed under appli-
cable provisions of the Convect Documents, and the Contrac-
tor shall proxeed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a
minor change in the Work.
7.1.4 If unit prices are staled in the Contract Documents or
subsequently agreed upon, and if quantities originally con-
templated are so changed in a proposed Change Order or Con-
struction Change Directive that application of such unit prices
to quamities of l1'ork 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 Chu~ge Order is a written instrument prepared by the
Architect and signed by the Owner, Convector and Architect,
stating their agreement upon all of the fullowiog:
1 a change in the Wurk;
.2 the amount of the adjustment in the Contract Sum, if
any; and
.3 the extent of the adjustment in [he Contract Time, if
any.
7.2.2 ~lethuds used in determining adjustments n> the Contract
Sum map include those listed in Subparagraph ~.3 3
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order pre-
pared by the Architect and signed by the Owner and Architect,
directing a change in the Work and staling a proposed bvis for
adjustment, if any, in the Contract Sum ur Contract Time, ur
both. The Owner map by Construction Change Direttive,
without invalidating the Contract, order changes in the Wurk
within the general scope of the Contract consisting of addi-
tions, deletions or other revisions, the Contract Sum and Con-
tract Time- being adjusted acaxdingly
7.3.2 A Construction Change Directive shall be used in [he
absence of « ual agreement un the terms of a Change Order
7.3.3 I( [hc Construction Change Uircc[ive provides G,r an
udjusunent to the Contract Sum, the adjustment shall be haled
un unc of [hc following methods:
.1 mutual acceptance of a lump sum pngxrk i[cmtud
:md supp, rtted M' sufficient substantiating data t, pcr-
mi[ evaluation;
.2 unit prices stated in [he Cun[rac[ Documents ur sub-
scyucntly agreed upon:
.3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or percent-
age fee; or
.4 as provided in Subparagraph.? 3.6.
7.3.4 Upon receipt of a Construction Change Directive, [he
Contractor shall promptly proceed with the change in the
Work involved and advise the Architect of the Contractor's
agreement or disagreement with the method, if any, provided
in [he Construction Change Directive for determining the pro-
posed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contrx-
tor indicates the agreement of the Contractor therewith, includ-
ing adjustment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be effec-
tive immediately and shall be recorded as a Change Order.
7.3.6 If the Convaaor 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 Archi-
tect un [he basis of reasonable expenditures and savings of
[hose performing [he Work attributable to the change, includ-
ing, in case of an increase in the Contract Sum, a reasonable
alluw~ance for overhead and profit. In such case, and also under
Clause '.3.3.3, the Contractor shall keep and present, in such
form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data- Onless otherwise
provided in the Contract Documents, costs for [he purposes of
this Subparagraph '.3.6 shall be limited to the following:
.1 costs of labor, including social security, old age and
unemplo}'ment insurance, fringe benefits required b}'
agreement or custom, and workers' ur workmen's
compensation insurance;
.2 costs of materials, supplies and eyuipmen[, includ
ing cos[ of transportation, a'he[her incorpurared or
consumed; -
.3 rental costs of machinery and equipment, exclusive of
hand tools, whether rented from the Contractor or
others;
.4 rusts of premiums fur all bonds and insurance, permit
fees, and sales, use or similar taxes related to the
Work: and
.5 additional costs of supen~ision and field office pers~n-
nel directly attributable to the change.
7.3.7 Pending final determination of cos[ to [he Owner,
amounts nut in dispute may he included in Applications for
Payment. The :unoun[ of credit to be allo~~ed by [he Cnnvac-
uir «> the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as con-
firmed by the Architect. When both additions and credits
covering related Work or 5ubs[itutions are im'uh~cd in a
change. [hc allowance for uvenc~ud and profit shall he figured
un the basis of net increase, if an7, with respect «, [ha[ change.
7.3.8 If the Owner and Contractor do nu[ agree vvi[h the
adjustment in Con[rac[ Timr ur [he medx,d for determinng it,
the adjustment nr the method shall he referred to the Architect
fur determination.
7.3.9 Uhen [he Owner and Contractor agree with the dr[er-
minaunn made by [he Archi[ea concerning [he adjustments in
the (n,ntruct Sum and Cun[rae[ Time, or otherwise reach agree-
ment upon the adjusunen[s, such ugrcement shall be effective
invnedia[cly and shall be recorded by preparation and esecu-
tiun of un appropri:ur Change Urder
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A201-1987 15
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7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes
in the \C'ork not involving adjustment in the Contract sum or
esrensiun of the Contract Tune and nut inconsistent with the
intern of the Contract Documents. Such changes shall he
effected by written order and shall he binding on the Owner
and Contracior. The Contractor shall carry out such written
orders promptly.
ARTICLE 8
TIME
8.1 DEFINITIONS
8.1.1 I'nless otherwise pn wided, Contract Time is the period
of time, including authorized adjustments, allotted in the Cun
tract Documenti fur substantial Cumplc[iun ut the Work.
8.1.2 The date of amtmencemen[ of Bte Wurk in [hc date
cstahlishc-d in the Agarmcnt. The date shall nut be postponed
by the failure ht act of [hr Contractor ur of persons ur entities
fur reborn [he Contractor is rrtiponsiblc.
8.1.3 The date of Substantial Completion is the d:ue certified
by dte Ardiitec[ in accordance wnh Paragraph 9. H.
8.1.4 The term "da}''~ as used in the Contract Documents shall
mean calendar dac unle,a otherwise spcriticall}~ defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in [he Contract Unrumrnts arc oC the
c,uence of tl)r Convac[. Hy escorting [hr Agreement [he Gm-
trac[ur confirms dta[ the Contract Time is a reasonable period
tit[ performing the Work.
8.2.2 The Cun[rac[ur shall nu[ knuw~ingly, rscep[ by agrcr-
ment or instruction of the Uryner in writing, prematurely cunt
mence opera[ions on [he site or elsewhere print trt [he cffecticc
d:ue nt insurance required be Arnclc l I ul be furnished be the
Convacnrz The ilea' of atmmrnrcmcot nl the AC'ork shall nu[
be-eltanged be the effective date ui such msurutce. L-mess [hc
d.+tc ~,f cnmmenc'emcn[ is established b} a nu[iic [u proceed
gwcn br [hc Oonrr [he (.unrrac[ur shall nnUh~ the U~~ne[ in
writing not less [tru) lice days ur other agree) penud be&ae
enmmencing [he Ati"ark n ~ permit [hc lintels filing of mortgages.
mechamcb liens and uihrl security in R'rrs[s.
8.2.3 The Cuntmcu [r shall prurrrd cspediti~xrsh with adr-
yuatc lurcrs and shill achieve Suhstann:d (.omplcu~m rrrthut
the (~nnr.trt Tone
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 II the (unlearn tr is dclaccd :u :mr- dale in pntsGn'ss of the
U ink h~ :ut art ~.r ne;ulect of the t honer nr Arehia, t or of :ut
cmpl~r cc .d cnhcl ur nl a xp:u:nc unu nlc wr rmplnycd hr
the ! r'. arr. or hr tlt:mgrs unkr 'd in the AAurk. ~~r hr I:Ihnr
di,pur:~ fin', unuwa Jcl:n in dcli~ stirs- unacnulahlr unualtics
,~! nll~ri ra uses hcv,nd tlx (~nnrlcon s r~nu n:l. „i M delis
.uuh~,nivJ by !hc Uq ncr pending ^rhit r:n ion or M olhcr
au.,_~ rr hiih the Al cl ut ec! drln mines star justih del.~~ then
the ! m.l ear! l~in u' .hall hr ev ended by t -.h.u it;e t )nlrr far euih
rcasurahlr time:n thc~ 4rrh stet m:n cktc~niinc
8.3.2 (.Luau ~chn ing n. lour .h.lll hr nladr in du unlanu ryilh
apph, ehlr pro cnlu ns . d I':u'.lgr.lph a i
8.3.31hn Partgrgth ti i )ors not Incrludc rcc oten of d.un
ages b.r deld~ hr either party under nlher prnyiniune ul the
(nm roc! Documents.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract sum is stated in the Agreement and, includ-
ing authorized adjustments, is the total amount payable by the
Owner ro the Contractor for performance of the Work under
the Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application fur Payment, the Cunttacto[
shall submit to the Archirect a schedule of values allocated m
various ponions of the Wurk, prepared in such form and sup-
ported b}- such data to substamiate its accuracy as the Architect
may require. This schedule, unless objected to by the Architect,
shall be used as a basis for reviewing [he Contractor's Applica-
tions fur Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date estaMLshrd Cur each
progress payment, the Cuntraaur shall submu 2tthe Architect
an itemized Application for Pacmen[ for operations completed
in accordance with the schedule of values. Such application
shall hr notarized, if rryuircd. and supported by such data
sutzs[anna[ing the Contractor's right [o payment as the Owner
ur Aahirett may require, such as copies of requisitions from
Subcontracture and material suppliers, and redec[ing retainage
it provided for elsewhere in [he Contract Documents.
9.3.1.1 Such applications mag include requests for payment on
account 'of changes in [he \C'urk which have been properly
authorized by Construction Change Directives but not pet
included in Change Orders.
9.3.1.2 such apphc-ations mac nn[ include requests fur pa}'-
mrnt of amtntnts d)e Contractor dues nut intend to pay to a
SubconcracRn or material supplier b<Y'ausc of a dispute ur other
reason.
9.3.2 I'nless utlterrvise provided in the Cnntrtct Uu<ument_c,
payments shall be ntadr on ara tuns ul materials and cyuipntent
dchcered and .wftably stored at the site for subsequent Incor
potation in [he Work. If apps n'rd in advance by [he Omer.
payment mac similarly hr made far materials and equipment
sultahlc sturc-d off [he site at a Inradon agreed upnn In rvu[ing.
Payment for materials :rod cquipmem stored un ur off the she
shall he conditionttl upon compliance M' the Contractor with
procedures sal rslactun' [u the Otenet to establish [he Orynrr s
title to sorb maRrials and cyuipnxnt ur ~tthrnyise protect [hr
U toner s inten'a. and shall tnclude applicable insurance.
anrage and transportation to [hr situ tar such materials and
equipment .titorc'd all the site.
9.3.3 The t.unvach tr rc.ln:u v+that tidy In all AA ark atvcad hr
:m Appli: alias fur l avnn•nt well pass [u the t m na no I:uu than
[he taus ul pu}nxnt. "nc~ (.unl tacos furthe! warruus that
upnn submittal of :m Application nn P:n~nun[ al \Curk kx
which t enilicrtes for Pavmenl have hero preciousk issued
and par nn'ntn rerervcd fr. nn [hc Orr ncr shall, a> [he best of [hc
Cnntrarn ors knowledge. in G,nnatiun and hchel, be free and
rle:u' ul hens. rLtims, securilr interests nr carom hruucs in
toque ul the (.ontraiwr Suhu nv ractnn nrucnal suppliers. u~
olhcl persons nr entities ma6ing :! rluim he reason of hoeing
prundrJ labor m:ucriao and cyugrucnl uiaung lu the \XLrk.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 l~hc :\rrhia'ct ryill, within .eyes d:n> :d[cr rcr rip! of the
Conuacturs Applic`a[inn bs 1'aynsnt, caber iswe to the
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Owner a Cerificate for Payment, with a copy to the Contrac-
tor, for such amount as the Architect determines is properly
due, or notify the Contractor and Owner in writing of the
Architect's reasons for withholding certification in whole or in
part as provided in Subparagraph 9 5.1.
9.4.2 The issuance of a Cenificate for Payment will constitute a
representation by [he Architect to the Owner, based on the
Architect's observations at the site and the data comprisirtg the
Application for Payment, [hat the Work has progressed to the
point indicated and that, to the best of [he Architect's knowl-
edge, information and belief, yuality of the Work is in aca>r-
dance with the Contract Documents. The foregoing representa-
tions are subject to an evaluation of the ~Y'ork for conformance
with the Contract Documents upon Substantial Completion, [o
results of subsequent tests and inspections, [o minor deviations
from the Cor.[ract Documents correctable prior to completion
and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment will further constitute a
representation that the Gontrac[or is entitled to payment in the
amount certified. However, the issuance of a Certificate for Pay-
ment will not be a representation that the Architect has (1)
made exhaustive or continuous on-site inspections w check the
quality or quantity of [he Work, Il) reviewed construction
means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors
and material suppliers and other data requested by the Owner
to substantiate the Contractor's right to payment or (d) made
examination [o ascertain how or fur what purpose the Contrac-
tor has used money prcyiousl}' paid un account of the Contract
Sant.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect mac decide not [o certify payment and
may withhold a Certificate for Pacment in whole or in part, to
[he extent reasonably necessan• to protect the Owner, if in the
Architect's opinion the represen[a[ione to [he Owner required
be Subparagraph 9.~f2 cannot be made If the Architect is
unable to certify paemen[ in [he amount of the Application, the
Architect will notifi- the Contractor and Owner as provided in
Subparagraph 9 v.l [f the Contractor and Architect cannot
agree on a revised amount, [he Architect will promptly issue a
Cenificate for Payment &x the amount for which [he Architect
is able [o make such represen[a[ions [o [he Owner The Archi
[ec[ may also decide not to cer[ih~ payment or, because of
subsequently discovered evidence or subsequent obsen-ations,
map nullify the whole or a par[ of a Certificate for Pacment
previously issued, [o such extent as ma}' he necessan' in the
Architect's opinion to protect the Owner from loss because of:
1 defettive Work not remedied:
.2 third pare- claims filed or reasonable evidence indict[
ing probable filing of such claims;
.3 failure of the Convac[or [o make payments prop
rely to Subcontractors or fur labor, materials ur
eyuipmcnq
.4 reasunahle evidence [ha[ [he Wurk cannot he ann-
ple[ed for [he unpaid balance of [he Contract Sum;
.5 damage n, the Owner ur another amtraauc
.6 reasunahle evidence that [he lX'urk will no[ he com-
pleted within [he Contract Time, and [ha[ [he unpaid
balance would nu[ he adequate nt cover actual or
liquidated damages for the anticipated delay; or
.7 persf~tent failure to earn- nut the Work in accordance
with [he Contract Uucumcn[n.
9.5.2 When [he above reasons for withholding certification are
removed, certification will he made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has Lssued a Certificate for Payment,
the Owner shall make payment in the manner and within the
time provided in [he Contract Documents, and shall su no[ifj~
the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount
paid « t the Contractor on account of such Subcontractor's por-
tioh of the Work, the amount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments
to the Contractor on account of such Subcontractor's portion
of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments to Sub subcontractors in similar manner.
9.6.3 The Architect will, on request, famish to a Subcontrac
roe, if practicable, information regarding percentages of com-
pletion or amounts applied for by the Contractor and action
taken thereon by the Architect and Owner on account of por
[ions of the Fork done by such Subcun[rac[ur.
9.6.4 Neither the Owner nor Architect shall have an obligation
[o pay or to see to the payment of money to a Subcontractor
except as may otherwise be required by law
9.6.5 Pa}'men[ to material suppliers shall he treated in a manner
similar to that provided in Subparagraphs ).6.?. 9.6.i and 9b.-i.
9.6.6 A Certificate for Payment, a progress payment, ur partial
or entire use or occupancy of [he Project be the Owner shall
not cons[itu[c aceep[ance of Work not in accordance with the
Contract Documents.
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does nut issue a Certificate fur Payment,
through no fault of [he Convactor, within seven days after
receipt of the Contractor's Application for Payment, or if the
Owner dues not pay the Contractor within seycrr days after [he
date established in the Contract Documents the anurunt cer-
tified b}' the Architect or awarded by arbitration, then the Con-
tractor mac, upon seven additional days' written notice to [he
Owner and Architect, stop the Work until pa}'ment of the
amount owing has been received. The Contract Time shall be
extended appropriately and the Contract Sum shall be
increased b}' the amount of the Cun[rae[ur s reasonable costs of
shut-down, [clay and start-up, which shall he accumplishrd a+
provided in Atticle '.
9.8 SUBSTANTIAL COMPLETION
9.6.1 Substantial Completion is the stage in the progress ul the
W'urk when the Work or designated portion [hereof is suffi
cicnth- complete in accordance wuh [he Contract UueumtTl Cs
su the Owner can occupy or utilize the Wurk for its intended
use.
9.6.2 lX'hen [he Contractor considers [hat [hc \Yurk, or a por
lion thereof which the Owner agrees [o accept separa[cly is
substantially complete, the Cuntrac«tr shall prepare and sut?mit
[o [he Architect a comprehensive list u( items to he completed
or a[rrec[cd. The Con[rae[ur shall proceed promptly [o com
plete and a>rree[ items u^ [he list- Failure to include un item on
such list dues no[ alter [he respunsibilin~ of [he Contractor to
complete all Work in accordance with [he Contract Uocu-
mena. Cpun receipt of the Qmtrac-tur~s list, [hr Architen will
make an inspection w determine whether the Work or desig
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A201-1987 17
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noted pottion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not
included on the Contractor's list, which is not in accordance
with the requirements of the Contract Documents, the Contrac-
tor shall, before issuance of the Certificate of Substantial Com-
pletion, complete or correct such item upon notification by [he
Architect. The Contractor shall then submit a request for
another inspection by the Architect to determine Substantial
Completion. When the Work or designated portion thereof is
substantially complete, the Architect will prepare a Certificate
of Substantial Completion which shall establish the date of Sub-
srantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities,
damage w the Wurk and insurance, and shall fix [he time
within which the Contractor shall finish all items on the list
accompanying the Certificate. Warranties reypired by the Con-
tract Documents shall commence on the date of Substantial
Completion of the Work or designared portion thereof unless
otherwise provided in the Certificate of Substantial Comple-
tion. The Certificate of Substantial Completion shall be sub-
mitted to the Owner and Contractor for their written accep-
tance of responsibilities assigned to them in such Certificate.
9.8.3 Cpon Substantial Completion of the Work or designated
portlon thereof and upon application by the Contractor and
cenification be the Architect, the Owner shall make payment,
reFlecting adjustment in retainage, if any, for such Work ur p~r-
tion [hereof a, provided in the Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy or use any completed or par-
tially completed portion of the Work at any stage when such
ponion is designated by separate agreement with [he Contrac-
tor, provided such occupancy or use is consented [o by the
insurer as required under Subparagraph 11 3 11 and authorized
be public authorities having jurisdiction over the Wurk Such
partial occupancy or use may commence whether or not the
portion is substamially complete, provided the Owner and
Cunvacnx haee accepred in writing the responsibilities
assigned u) each of them for payments, retainage if anc, secu-
rin-, maintenance. heat, utilities, damage to the Work and insur-
ance, and have agreed in writing concerning the period for cor-
rection of the Work and commencement of warramies
required by the Contract Documents. When the Contractor
considers a puaion substantially complete, the Gonvaaor shall
prepare and submit a list to the Architect as provided under
Subparagraph 9.R.2. Consent of the Contractor to partial occu-
panev or use shall not be unreasonably a-ithheld. The stage of
the progress of the Wurk shall be determined by written agree
ment between the Owner and Contractor or, if no agreement is
reached, by decision of the Architect.
9.9.2 Immediately prior [o such partial occupancy ur use, the
Owner, Contractor and Architect shall joindc inspect [he area
a) he occupied ur portion of the Work to he used in order to
dctennine and record [he condition of the Work.
9.9.3 Lniess u[henoise agreed upon, pani:J occupunc}- ur u~c
of a portion or purtiunn of the Wurk shall nut con,aimte arccp-
tance of Wnrk not a)mplying with [he rcyuiremen[s of the
Con[rac[ Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 [-pon receipt of wriaen notice that the Work is ready
for tlnal inspection :md acee-ptance and upon receipt of a final
Application for Payment, [he Architect will promptk make
such inspection and, when the Architect finds the Work accept-
able under the Contract Documents and the Contract fully per-
formed, the Architect will promptly issue a final Certificate for
Payment stating that to the best of the Architect s knowledge,
information and belief, and on the basis of the Architect's
observations and inspections, the Work has been completed in
accordance with terms and conditions of the Convact Docu-
ments and that the entire balance found to be due the Contrac-
tor and noted in said final Certificate is due and payable. The
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 (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 propetty might be
responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing chat insurance required by the Contract Documents to
remain in force after final payment is currently in effect and will
not he cancelled or allowed to expire until at least 30 days'
prior written notice has been given to the Owner, (31 a written
statement that the Contractor knows of no substantial reason
that the insurance will not he renea-able to cover the period
required by the Contract Documents, (4) consent of surety, if
any, [o final payment and (5), if required be 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 [he Convact, to the extern and
in such form as may he designated by the Owner If a Subcon-
tractor refuses to furnish a release or a°aiccr reyuired by the
Owner, the Contractor may famish a bond satisfaca~r}' [o the
Owner w indemnif}' the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor
shall refund to the Owner al] money that the Owner may be
compelled [o pay in discharging such lien, including all costs
and reasonable attorneys' fees.
9.10.3 ]f, after Substantial Completion of [he Wbrk, final com-
pletion [hereof is materially delayed through no fault of [hc
Contractor or by issuance of Change Orders affecting final
completion, and the Architect so confirms, [he Owner shall,
upon application by the Contractor and certification by the
Architect, and without terminating the Con[rac[, make payment
of the balance due for [ha[ portion of the Work fully completed
and accepted. If the remaining balance fur Wurk nut fully com-
pleted or corrected is less than retainage stipulated in [he Con-
tract Documents, and if bonds haee been furnished, the written
consent of surety to payment of the balance due fur that pur-
tinn of the Work fully completed and accepted shall be wbmir
ted by the Cun[rtctor [o the Architect prior a) 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 [he Owner as provided in Suh-
paragrlph 4 i 5
9.10.4 Acarptancc of final payment by the Contractor, a Suh-
con[racu)r nr material supplier shall a)ns[im[e a waiver of
claims by that pa}'ec except those previously made in writing
and identified by [ha[ payee as unsettled at [he time of final
Application for Pavmcnt. Such \caivcrs shall hr in addition to
the waiver described in Subparagraph ti i 5.
AIA DOCUMENT A20t • GENIiRAI. ('rMUI'1IUN~ UP Tllt. Cn NTNACI rt)a t t>SO7Br("IlO] • It>I'HTt.F ]l'll IiD1Th)K
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ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall he responsible for initiating, main-
taining and supervising all safety precautions and programs in
connection with the performance of the Contract.
10.7.2 In [he event the Contractor encounters on the site
material reasonably believed to be asbestos or pulychlorinatcd
biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately slop Work in the area affected
and report [he condition [o [he Owner and Mchitect in ari[ing.
The Work in the affected area shall not thereafter be resumed
eseept be 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 [he affecred
area shall be resumed in [he absence of asbestos or polychlori
^ated biphenyl (PCB), or when it has been rendered harmless,
by written agreement of the Owner and Contractor, ar in
acaadatue with final de[ermina[ion by [he Architect on which
arbitration has not been demanded, or by arbitration under
Article -+.
10.1.3 The Contractor shall not he required pursuant to Article
to perform without consent ant' Work relating to asbestos ur
pal}-chh mnated biphenyl (PCB).
10.1.4 Tu the fullest extent permitted by laic, [he Owner shall
indemnifi~ and hold harmless the Cunttactor, Architect. Archi-
tect s consultants and agents and emplo}-ees of any of them
from and against claims, damages, losses and expenses, includ-
ing but nut limited [u attomcys' fees, arising out of o[ [esulting
from performance of the Wurk in the affected area if in fact the
material is asbe-s[os or polychlurina[ed biphem-1 (PCR) and has
nut been rendered harmless. proyidc¢ [hat such claim, damage,
loss nr rspense is atvibutahle w bodily injup~. sickness, disease
nr death or at injure u, ur dntmctiun of tangible property
I.tther than the Work iaelfl including loss of use resulting
therefrom. hu[ only [u the extent caasrd in whole or in par[ h}-
negtigen[ acts ur omia5¢ma of the Owner, ancone directly ur
indi[ecdc employed be [he Owner or ancone for whose acts
the Owner may he liable, regardless of r.-hether or not such
claim, damage, loss ur expemc Is caused m port by a party
indemnified hereunder Such obligation shall nut he construed
n, ne.'ga[n abridge, or reduce udder rights or nbliga[iuns of
indemnity which would otherwise axis[ as u> a parq~ or person
described in this Subparagraph 10.1 a.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Cun[rac[or shall take reasonable precautions for
safes' uf. and shall provide reasonable protection to prevent
damage injun~ or Inns [o;
.1 employees u^ the Work and other pars ms e~ho ma}•
be affected thereby;
.2 [he Wurk and materials and equipment ad he incorpo-
rated therein, whether in storage un or oft the site,
under care rustr>dc ur control of the Cuntmcn[r or
the Cun[ractnr s ~ubcuntracudrs ur 1ub subcontrac
[ors; and
.3 other pn[pene u[ the site ur adjacent thereto, such as
va's, shrubs, lau ns, walks, payrmcnts, roadways,
xrucmres wdd utilities not designated for remov:~. rdu
sabnn ur repht¢ment in the course of amaructiun.
10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safer of persons or property or
their protection from damage, injur}• or Toss.
10.2.3 The Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reason
able safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating
safety regulations and no[if}-ing owners and users of adjacent
sites and utilities.
10.2.4 When use or storage of explosives or other hazardous
materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost
care and catn• on such activities under supervision of properly
qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss
(other than damage or loss insured under property insurance
required by the Contract Uucuments) to property referred to in
Clauses 10.2.4.2 and 10.2.1.3 caused in whole or in part hp the
Contractor, a Subcunttactor, a tiub-subconoactor, or anyone
directly nr indirectly employed be any of them, or by anyone
for whose acts they may be liable and for which the Contractor
is responsible under Clause. ln?.l 2 and 10.2.1.3, except
damage or loss attributable to acts ur omissions of the Owner
or Architect or anyone dirce[k or indirectly employed by
either of them, or by ancone for -hose acts either of [hem map
he liable, and not attributable to the fault ur negligence of [he
Contractor The foregoing obligations of [he Con[racor are in
addition [o the Contractor's obligauuns under Paragraph 3.1 H.
10.2.6 The Contractor shall designate a responsible member of
[he Contractor's organization a[ [he site whose dun- shall be the
precentiun of accidents. This person shall be the Contractor's
superintendent unless uthern-ise designated be the Contractor
in writing to the Owner and :VChitect.
10.2.7 The Conaactor shall not load ur permit am- part of [he
construction ur site to be loaded so as n, endanger its safcn~.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons nr properw,
[he Gont[acto[ shell ac[, at [he Gon[racu a~s duaetloq to pre-
sent thrcatencwl d:unage, injun~ ur Inss Additional compensa-
tion or es[ension u(time claimed by [he Contractor on account
u[ :m emergenc}~ shall he determined as provided in Paragraph
a.3 and Article
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 'I~hc Cun[rattur shall purchase from and maintain in a
company ur companies Iaw~fulh~ au[hurizeci w do business in
the jurisdiction in which [he Fraley to located such insurance as
~~ill pnrtect [hc Contractor from claims set &[rth below which
may arise uu[ of or result from [hc Cun[racutr's operations
under the ConVact and frdr which [he Contractor ma}' be legally
linblc, whether such npern[iuns he by [hc Cun[rac[or ur be a
tiubamtracua ur h}- ancone directh ur indlrecd} emplaced be
:udy of them, ur by ancone far whose acts any of them ma}' bu
liable:
1 clauns under warkcn ur workmen s nvnpcns:ttiun,
disability benefit and other similar nnploycc Ixnetit acts
which arc applicable to [he cork to be Ixdunncd;
AIA DOCUMENT A201 • GE]'CRAL GLti UITI~t~tiS tth' THE CU'SIB A~'"r PUH (tlltiTHrC"rl0A • FOCNTI`.F. ~'Tn EDI TIU~
A19` • 1VM' l'Ilt: A.A1I'.NII.A~ 1]'sTITI TL' ~ )P / RCHITFC'I'F, I'ii F0. 1'uRk dA 1 ^. C't:. ~ IX IX'A~I IINt,'ITNJ~ t dnn~u,
A201-1987 19
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.2 clavns for damages because of bodily injury, occupa-
tional sickness or disease, or death of the Contractor's
employees;
.3 claims for damages because of bodily injury, sickness
or disease, or death of an}' person other than the Con-
tractor's employees;
.4 claims for damages insured b}- usual personal injury
liability coverage which are sustained (1) by a person
as a result of an offense directly or indirectly related [o
employment of such person by [he Contractor, or (2)
by another person;
.5 claims for damages, other than to the Work itself,
because of injur}' to or desvuction of tangible prop-
erty, including loss of use resulting therefrom;
.6 claims for damages because of bodily injury, death of
a person or property damage arising out of owner-
ship, malmenance or use of a motor vehicle; and
.7 claims involving contractual liability insurance appli-
cable to. the Contractor's obligations under Paragraph
d:18.
11.1.2 The insurance required b}• Subparagraph 11.1 1 shall be
written for not less than limits of liability specified in [he Con-
tract Documents or reyuired h}' law, whichever coverage is
greater. Coverages, whether written on an occurrence ur
claims-made basis, shall be maintained w-i[hou[ in[e[ruption
from date of cummencemen[ of the Work until date of final
p:n'ment and temtinazion of any coverage required to be main-
tained after final papmen[.
11.1.3 Ceaificateb of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of the Wock.
These Certificates and the insurance policies required by this
Paragraph 11.1 shall contain a provision that coverages
afforded under [he policies will not be cancelled or allowed to
expire until at least 30 days' prior written notice has been given
[o the Owner If anv of the foregoing insurancr coverages are
required to remain in force after final pacment and are reason-
ablq available, an additional certificate evidencing continua[ion
of such cnecragc shall be submitted with fie final Application
for Ya}'ment as required by Subparagraph 9 10.3. Information
concerning reduction of coverage shall he furnished by the
Contractor with reasonable promptness in accordance with dte
Contractor's information and belief.
11.2 OWNER'S LIABILITY INSURANCE
11.2.1 The Owner shall he responsible for purchasing and
maintaining the Owner's usual liabilin~ insurance. Optionally,
[he Owner mac purchase and maintain ether insurance for selC-
protection against claims which ma}' arise from operations
under the Contract. The Contractor shall no[ he responsible
for purehasng and maintaining this optional Owner's liability
insurance unless specifically required by the Contract
I tocuments.
11.3 PROPERTY INSURANCE
11.3.1 Cnless ntherw-ise provided, the Owner shall purchase
and maintain, in a company or companies lace ftillc au[hon~zd
ur do business in the jurisdiction m which [he Project is
located. prtipern- insurance in [he amount of the initial Con-
uaa Sum as well as subsryuent modifications dterrto tut the
entire Work at thr Hite tin a replaccmenl east bums wilhouC vol
untan~ deducdblcs. Such propcrt}' inwrance shall be main-
tained, unless nihcrwiae provided m [hc <,unn;lrt Duntmrnts
ur otherwise agreed m venting by all persons and cn[itirs who
arc hcneficiarics of such insurance, until final pavement h:u been
mode as provided fn Paragraph b 10 or until no person nr cntln~
other than the Owner has an insurable interest in the proper[}'
required by this Paragraph 11 3 to be covered, whichever is
earlier. This insurance shall include interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work.
11.3.1.1 Property insurance shall be on an all-risk policy form
and shall insure agalns[ [he perils of fire and extended coverage
and ph ysica! loss or damage including, w•i[hout duplication of
coverage, theft, vandalism, malicious mischief, collapse, falsc-
work, temporary buildings and debris removal including
demolition occasioned h}' enforcement of any applicable legal
rryuirements, and shall cover reasonable compensation for
Architect's services and expenses required as a result of such
insured loss. Coverage for other perils shall not be required
unless otherwise provided in the Contract Documents.
11.3.1.2 If the Owner dues no[ intend w purchase such prop-
cap insurance required by the Contrac[ and with all of [he
coverages in the amount described above, the Owner shall so
inform the Contractor in writing prior to commencement of
the Work. The Contracor may then effect insurance which will
protect the interests of [he Contractor, Subcontractors and Sub-
subcontraaors in the VG'ork, and by appropriate Change Order
the cost thereof shall be charged to the Owner. If the Contrac-
tor is damaged by the failure or neglect of the Owner to put
chase or maintain insurance as described above, without so
notifying the Contractor, then the Owner shall bear all reason-
able costs properly attributable thereto.
11.3.1.3 If the property insurance requires minimum deducti-
bles and such deductibles are identified in the Contract Docu-
ments, 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 voluntan~ deduo-
tible amounts, the Owner shall be responsible for payment of
the additional costs not covered because of such increased or
voluntary deductibles. If deductibles are not identified in the
Contrac[ Documents, the Owner shall pa}~ costs not covered
because of deductibles.
11.3.1.4 Unless otherwise provided in the Contrac[ Docu-
ments, this property insurance shall cocrr puninns of the W'urk
stored ofC the silt after wriaen approval of the Uwner at the
value established in the approval, and also portions of the IX~ork
in transit.
11.3.2 Boiler and Machinery Insurance. The Owner shall
purchase and maintain boiler and machinerc insurance
required h}' [he Contract Uocuments or by law, which shall
specifically cover such insured objects during instalht[ion and
until final acceptance by the Owner; [his insurance shall include
interests of [he Owner, Contractor, Subcontractors and Sub-
subcuntracrors in the Work, and the Owner and Contractor
shill he named insureds.
11.3.3 Loss of Use Insurance. The Owner, at the Ou~ncr s
option, map purchase and maintain such insurance as will
insure [he Uwncr against loss of use of the Owner's propertc
due Rr fire ur other hazards, however caused. The Otsner
waives all rights of action against the Cuntrae[or fu[ Toss of use
of fltc Owner's properly, including ennsequen[ial losses due [n
fire ur other hazards however caused.
11.3.4 If the Contractor requests in n-riting that insurance fur
risks other than [hose described herein ur for other special haz
Ards he included in the propene insurance policy. the Ow'ticr
shall, if possible, include such insurance, and [be cost [hrrcuf
shall be charged ur the Convactor M~ appropriate Change
Urdcr
AIA DOCUMENT A201 OF \F'RAI. Q ~SI~I'1'IUSS OF TIIY. (Uri 1 RACr FUR COASl'RIT'rIU] . Fpf'R9 hL1'TII CUI'rIgA
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11.3.5 If during the Project construction period the Owner
insures properties, real or personal or both, adjoining or adja-
cent to [he site by property insurance under policies separate
from those-insuring the Project, or if after final payment prop-
erty insurance is to be provided on the completed Project
through a policy or policies other than those insuring [he Proj-
ect during the construction period, [he Owner shall waive all
rights in accordance with the terms of Subparagraph 11.3.' for
damages caused by fire or other perils covered by this separate
property insurance. !ill separate policies shall provide this
waiver of subrogation by endorsement or otherwise.
11.3.6 Before an exposure to loss may occur, the Owner shall
file with the Contractor a copy of each policy that includes
insurance coverages required by this Paragraph I1 3. Each
policy shall contain all generally applicable conditions, defini-
tions, exclusions and endorsements related t~ this Project. Each
poGcq shall contain a provision that [he policy will nut be
cancelled or allowed [o expire until at least 30 days' prior writ
[en notice has been given to the Contractor.
11.3.7 Waivers of Subrogation. The Owmer and Contractor
valve all rights against (1) each other and any of their subcon-
[rac[ors, sub-subcontractors, agents and employees, each of the
other, and (2) [he Architect, Architect's consultants, separate
contractors described in Article 6, if any, and any of their sub-
contractors, sub-subcontractors, agents and employees, for
damages caused be fire ur other perils to the extent covered by
properly insurance obtained pursuant [o [his Paragraph 11.3 or
other propern~ insurance applicable to the Work, except such
rights as they have [o proceeds of such insurance held by the
Owner as fiducian-. The Owner or Contractor, as appropriate,
shall require of [he Architect, Architect's consultants, separate
contractors described in Article C, if any, and the subcontrac-
tors, sub-subcontractors, agents and employees of any of them,
be appropriate agreements, written where legally required for
validity, similar waivers each in favor of other parties enum-
erared herein. The policies shall provide such waivers of subro-
gation b}~ endorsement or otherwise. A waiver of subrogation
shall he effective as to a person or entiry~ even [hough that prr-
sun or entity would otherwise have a duly of indemnification,
cun[rac[ual or uthera'ise, did not pay the insurance premium
diretth- or indirec[ty, and whether or not the person or en[hy
had an insurable interest in [he properry~ damaged.
11.3.8 .4 loss insured under Owner's property insurance shall
he adjusted by [he Owner as fiducian• and made payable to [he
Owner as fiducian for the insureds, as their interests may
appear, subject to requirements of any applicable mortgagee
clause and of Subparagraph 11 3.10. The Contcactur shall pay
Subamtrac[ors [heir just shares of insurance proceeds received
be the Contractor, and be appropriate agreements, written
where legally required for calidin•, shall require Subcontractors
ut make payments [o their Sub-subcun[racurzs in similar
manner.
11.3.9 ]f required in writing by a party in interest, the Owner
as fiducian shall, upon occurrence of an insured loss, give
bond for proper performance of the Owner's duties. The cost
of required bonck shall be charged against proceeds received as
Flducian The Owner shall deposit in a separate account pro-
cccds so received, which the Oa~ncr shall distnbutc m acc~r-
dance with such agreement as the panics in interest may reach,
nr in accordance with an arbitration award in which case the
prt,ecdure shall be as provided in Paragraph a9. If after such
loss no other special agreemrnt is made, replacement of dam-
aged prt[pern~ shall be covered b}' appmpria[e Change Order
11.3.10 The Owner as fiduciary shall have power to adjust and
settle a loss with insurers unless one of the parties in interest
shall object in writing within five da}'s after occurrence of loss
to the Owner's exercise of this power; if such objection be
made, azbivators shall he chosen as provided ih Paragraph 4.5.
The Oa•ner as fiduciary shall, in that case, make settlement with
insurers in accordance with directions of such arbitrators. If
distribution of insurance proceeds by azbitration is required,
the arbitrators will direct such distribution.
11.3.11 Partial occupancy or use in accordance with Paragraph
9 9 shall not commence until the insurance company or com-
panies providing property insurance have consented to such
partial occupancy or use by endorsement or otherwise. The
Owner and the Contractor shall take reasonable steps to obtain
consent of the insurance company or companies and shall,
without mutual written consem, take no action with respect to
panial occupancy or use that would cause cancellation, lapse or
reduction of insurance.
11.4 PERFORMANCE BOND AND PAYMENT BOND
11.4.1 The Owner shall have the right to require the Contrac-
tor to furnish bonds covering faithful performance of the Con-
tract and payment of obligations arising [hereunder as stipu-
lated in bidding requirements or specifically required in the
Contract Documents on the date of execution of the Contract.
11.4.2 Cpon the request of any person or entity appearing at
he a potential beneficiary of bonds covering payment of obliga-
tions arising under the Contract, the Contractor shall promptly
furnish a cope of the bonds or shall permit a cope [o be made.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of [he Work is covered contrary ro [he
Architect s request or to reyuirements specifically expressed in
[he Contract Documents, i[ must, if required in writing by [he
Architect, he uncovered for dte Architect's obsen'a[iun and he
replaced at the Contractor's expense without change in the
Contract Tune.
12.1.2 If a purnon of the Work has been covered which the
Architect has-nu[ specifically requested to observe prior co its
being covered, the Architect may request to see such Work and
it shall he uncovered by the Omtrac[or. If such Risk is in
accordance with [he Contract Documents, costs of una,vcr-
ing and replacement shall, be appropriate Change Order, be
charged to the UvmeT. If such IX'ork is nut in accordance with
the Contract Uucuments, the Contractor shall pac such cus6
unless [he a>ndi[ion was caused be the Owner or a separate
a m[rac[or in o~hich event the Uwner shall be responsible for
pa}-mrnr of .wch costs.
12.2 CORRECTION OF WORK
12.2.1 The Contractor shall promptly correct Work rejected
by [hc Architect nr failing [Y) conform w [he reyuirements of
[he Contract Dr a:umen[s, whether obsencd before ur after
Substantial Completion and whether or not fabricated, installed
nr completed. 'i-hc Cun[racnlr shall bear costs of correcting
such rejected Work, including additional testing and inspec-
tions and compensation fur the .Archi[ec['s services :md
expenses made ncccxsttry thereby
12.2.2 If, cvithm one year after [he date of Substantial Complc-
tiun of [he IX nrk nr designated portion thcreo(, or at[cr the date
AIA DOCUMENT A201 • <~E[hhAl. ~.uA'UI"1 IUC> <,F TIII`. C(nTHA(:'I PON Qt,x STkr CTI, )] F~)1 I<'I 1. r.,A'I II h:Ul9lt,]'
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A201-1987 21
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for commencement of warranties established under Sub-
paragraph 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 preciously given the Contractor a written accep-
tance of such condition. This period of one year shall be
extended with respect to portions of Work first performed after
Substantial Completion by [he period of time between Substan-
tial Completion and the actual performance of the Work. This
obligation under [his Subparagraph 122.2 shall sun-ive accep-
tance of the Work under the Contract and termination of the
Contract. The Owmer shall give such notice promptly after dis-
covers' of the condition.
12.2.3 The Contractor shall remove from the site ponions of
the Work which are not in accordance with the requirements
of the COmialY Documents and are neither corrected be the
Contractor nor accepted 6y the Owner.
12.2.4 If the Contractor fails [o correct nonconforming \t'ork
within a reasonable [ime, the Owner map correct it in actor
dance with Paragraph 2.ti. If the Contractor does not proceed
with correction of such nonconforming \T'ork within a reason-
able [ime fixed by wrinen notice from the Architect, the ORner
mac remove it and store the saleable materials or equipment at
[he Contractor's expense. If the Connac[or does not pa}' costs
of such removal and storage within ten days after written
notice, the Owner may upon ten additional days' wriaen
notice sell such materials and equipment a[ auction or a[ private
sale and shall account far the proceeds thereof, after deducting
costs and damages that should have been borne be the Con-
traeun, including compensation fur the Architect's sen-iees and
expenses made necessan• thereby If such proceeds of sale do
not cover costs which the Contractor should have borne, the
Contract Sum shall he reduced by the drficiena- If pay menu
then or [hereafter due the Cuntraaor are not sufficient to cover
such amount, [he Contractor shall pa}- the difference to the
OR"nCr.
12.2.5 The Contractor shall bear the cost of correcting
dcstnn ed or damaged construc[ioq whether completed or
paniallc completed, of the Owner or separate contractors
caused be the Contractor's eorreetinn or removal of R'urk
which is not in accordance wtth the requirements of the Con
teat[ Documents.
12.2.6 Nothing contained in this Paragraph 122 shall be con-
strued to establish a period of limitation Rith respect to other
obligations which [he Contractor might have under the Cun-
[rac[ Documents. Estahlishmen[ of the time period of one year
as described in Subparagraph 12.?? relates only to the specific
obligation of the Cun[rae[or to correct [he \X'ork, and has no
relationship « ~'he ^mc R~ithin R'hich the obligation nt comply
Ri[h [he Cunuact Ducumenh may he sought ro be entorerd,
our to [tie time e~ithin trhich proceedings may he commenced
to establish the Convattor's liabili[p w~i[h respect [o the Con
tractor s obligations other than specifically to correct the AC"title.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the ORner prefers [o accept A~'ork which is no[ m
accordance with the requirements of die Contrac[ Donunen[s,
the URncr mac du su instead of requiring its rcmocal and car-
recuon, in which rase [he ConVacl Sum Rill hr reduced :u
appropriate and equitable Such adjustment shall br effected
whether or na[ (I n:d pacmrn[ has been made
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of [he place
where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectiaely bind them-
selves, their partners, successors, assigns and legal representa-
tives [o the other parry heceto and to partners, successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligations contained in the Con-
trac[ Documents. Neither party to the Contract shall assign [he
Contract as a whple without written consent of [he other. If
either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 Written notice shall he deemed to have been duly
served if delivered in person [o the individual or a member of
the firm ur entity or ro an officer of [he corporation for which it
R-as intended, or if delivered at or sent be 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 be the Contrac[ Docu
menu and rights and remedies available [hereunder shall he in
addition to and not a limitation of dudes. obligations, rights and
remedies otherR-ise imposed or available by law
13.4.2 No action-or failure to ac[ he the Owner, Architect or
Contractor shall cons[imte a waiver of a right ur due}' afforded
them under the Contract, oar shall such action or failure [o ac[
consti[ure approval of or acyuieseenee in a breach thereunder,
except as map be specificailc agreed in R riting-
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the
Work required be the Omuact Documents or be laws, ordi
nances, rules, regulations or orders of public authorities hating
jurisdiction shall he made a[ an appropriate [ime. Cinless o[her-
R-ise provided, the Contractor shall make arrangements for
such tests, inspections and approvals R~ith an independent test-
ing laboratory o[ entity' acceptable to the Owner, or with the
appropriate public authorin~, and shall bear all related costs of
tests, inspections and approvals. The Contractor shall give the
Architect timely notice of when and where tests and inspec
[ions are at he made tit [he Architect may observe such proce-
dures. The Owner shall bear costs of tests, inspections ur
approvals which du not become requirements until after bids
arc rercivcd or negotiations concluded.
13.5.2 IC the Architect, Owner or public authorities having
jurisdiction determine [ha[ portions of [he \r'ork require addi
tional resting, inspection or approval no[ included under Su~-
paragraph 1 j 5 I, the Architect Rilh upon wri¢rn au[hurization
from [he Uwner, instruct the Con[mctur [o make arranganen6
(ur ouch additional testing, inspection or approval hp tin rntin~
acceptable [u [he Owner, and [he Contractor shall Bice timch~
notice w the Arc'hitcct of when and where tests and inspccti~ ms
arc to be made sa the Architect may observe such procedures.
AIA DOCUMENT A201 • F F:] [NdI- C~ t V Ull Ir ~.Ah UI' l'1I P: t OC'I'kAC"1' Fl ~Ft L(1,C VCNI'Cl It iA I,r ~t A I LF Kl'l l IiUIllU6
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The Owner shall bear such costs except as provided in Sub-
paragraph 73.53.
13.5.3 If such procedures for testing, inspection or approval
under Subparagraphs 13.5.1 and 135? reveal failure of the
portions of the Work to comply with requirements established
be the Contract Documents, [he Contractor shall bear all costs
made necessary by such failure including those of repeated
procedures and compensation for the Architect's sen•ices and
expenses.
13.5.4 Rcyuired certificates of testing, inspection or approval
shall, unless othera-ise requiced by [he Contract Documents, be
secured by the Convactor and promptly delivered to [he
Architect.
13.5.5 If the Architect is to obsen~e tests, inspections or
approvals required by the Contract Documents, [he Architect
will do so prompth~ and, where practicable, a[ the normal place
of testing.
13.5.6 Tests or inspections conducted pursuant to [he Con-
tract Documents shall be made promptly [o avoid unreasonable
dclav in [he U'ork.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Docu-
ments shall beat interest from the date payment is due at such
rate ac die parties may agree upon in writing ur, in the absence
thereof. at the Icgal tste prevailing trom time to dmc at the place
where the Project is located.
13.7 COMMENCEMENT OF STATUTORY
LIMITATION PERIOD
13.7.1 is between the Owner and Gxitractur
.1 Before Substantial Completion..ys a, acts ur failures
to act u¢urring prior to the relecunt date tit Substan-
tial Cnmpletiuq any applicable statute of lim itatiuns
shall ce mimcnce to run :aid wic alleged cause of action
shall be deemed [o hate scented in am and all eten[s
nut later than such dale of Substantial cumpletiun:
.2 Between Substantial Completion and Final Certifi-
cate for Payment. As to acts nt failures m act occur-
ring subceyuent ¢> the relevant date of Substantial
Completion and prior [o Lssuancr of [he final Crnifi
vale for Pacmcnt, any applicable statute of limitations
shall commence [o run and any alleged cause of
action shall be deemed [o have accrued in any and all
events nut later than the dale of icsuancc of [he find
Cer[itica[r for Payment: and
.3 After Final Certificate for Payment. As u. acts ur
failures to act occurring aher the « leram date of issu
ancc ul the IintJ Ccrtific;¢c fir Yaymen[, anc aphli-
ulblc sCatutc of limitations shall cnlnn~rncz [u run and
anc alleged cause of action shall he deemed [o have
:ucrurd In ant and till events no[ Ia[cr than [he datt-uf
ant art ur failure Iu act b~ [he Cunu uctur pursuant to
:tin wau ann pn roidcd under Paragraph i 5, die dale
of um correction uC the Wurk ur (ailure to a,rrea dte
VCnrk hr die (.nntractul under Paragraph I ' '. ur [hc
date tit actual cnnnussiun ul am utha act ur failure
n, pcrG tun um dun or uhlig:uion he the l.untctctur
nr n~tncr whichcacr tic cur. Iasi
ARTICLE 14
TERMINATION OR SUSPENSION
OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the `•work
is stopped for a period of 30 days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or [heir
agents or employees or any other persons performing portions
of the Work under contract with the Contractor, fur any of the
following reasons:
.1 issuance of an order of a court or other public author-
ity having jurisdiction;
.2 an act of government, such as a declaration of national
emergency, making material unavailable;
.3 because the Architect has not issued a Certificate for
Payment and has not notified the Contractor of the
reason for withholding certification as provided in
Subparagraph 94.1, or because the Oa•ner has not
made payment on a Genificate for Payment within
the time staled in the Contract Documents;
.4 if repeated suspensions, dela}'s ur intermptiuns by the
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 1110 percent of the total num-
ber of days scheduled fur cumpletiun, ur 130 days in
any 3b,-dav period, whichever is less; or
.5 the Owner has failed [o furnish w the Contractor
promptly, upon the Cuntrac[or s request, reasonable
evidence as required by Subparagraph 3?.l.
14.1.2 If one of [he above reasons exists, [he Contractor may,
upon seven additional days' written notice tit the Uwncr and
Architect, terminate the Contract and recover from the Owner
payment fur Wurk executed and for proven lose with respect
n> materials, equipment, tools, and construction eyuipmen[
and machinery, including reasonable overhead, profit and
damages.
14.1.3 If the \y'urk is sttpped fur a period ~ ~f oil da}'.~ through
nu act or Canlt of the Con¢aetor ur a Subcontractor or their
agents ur employees ur any othct persons pert? tuning portions
of the tC'urk under contract with [hc Cuntruttor because the
Owner has pcrsis[entl}~ failed [o fulfill [he Os~ ncr~s obligations
undo[ the Contract Documents with respect vi masers impor
[an[ [u [he progress of the Wurk. [hr Cuu[racn tr may, upon
seten additional dats~ tari¢en notice to die Uc~~ner and [hc
architect. terminate the Contract and reeacrr from [hr ov`ner
as pntvidcd in Subparagraph 14.1?.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 1'he Ocs nee mac tennina[e the Contract if the
Con VaCnrz
.1 persistcntlt ur repeatedlc refuses ur fails to supply
cnr~ugh prnpcrh- skilled workers ur prupc-r materiaLc;
.2 fuik [o make payment to Subatn[rac[urs for ma[crluls
nr labor in accordance with [hr respective agrcancnt9
between the Con[rac[nr and the Subcun[ractons,
.3 prrsie[endc disregards lase, ordinances, ur rules, reg-
ulations or urdms of a public authority hating jwls-
dlaiun; ur
.4 u[heneise is guilts of suM[antial breach ~ da pn~r ision
of the (.nntract Documenu.
14.2.2 when anc nt the abate «a+oro axis[. the Uwncr, upon
ctrl ifica[iun ht [he .4t dlilecl [ha[ cuflicicnt cause esistc [o jus-
AIA DOCUMENT A201 • t~r:V F:IIAI. (.~ ~V Ul lit iT~ ~ il' l nY ~.i 4t"I It4~ 'I P~ Rl ~ ~,AYI'Itl CI lug • bul N I I~.I.,A I H PUI'I It ~A
al j' I•~ri'IHI'.A`.ILIIp.AVM1SlIII IFUTANt.I^llS:l~I-tipAFU 1i ikN +.fVII Ap VA1111,1tJf~~U~ 'uw N+
A201-1987 23
WARNING: Unlicensetl photocopying violates U. S. copyright laws and is sublect to legal prosecution.
tify such action, may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and the
Contractor's surety, if any, seven days' written notice, fermi-.
note employment of the Contractor-and may, subject to any
prior rights of the surety:
.1 take possession of tfie site and of all materials, equip-
ment, tools, and construction equipment and machin-
ery thereon owned_by [he Contractor;
.2 accept assignment of subcontracts pursuant to Para-
graph 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 staled in Subparagraph 14.2.1, the Contractor shall not
be enti[led to receive further payment until the Work is
finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs
of finishing the Work, including compensa[ion for [he Archi-
tect's services and expenses made necessary thereby, such
excess shall be paid to the Contractur. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the
Owner The amount to be paid to the Contractor or Owner, as
the case may be, shall be certified by the Architect, upon appli-
catioq and this obligation for payment shall survive termina-
tion of the Contract.
14.3 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order [he Contractor in
wri[ing [o 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 interrup-
tion. No adjustment shall be made to the extern:
.1 [ha[ performance is, a'as or would have been so sus-
pended, delayed or in[errupted by another cause for
which the Contractor is responsible; ur
.2 that an equi[able 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 percen[age fee.
AIA DOCUMENT A201 • GI`.NP:kAf. CONUITIO\~ UY TFlP: <'OKTRACT POk ~ U\STkI CTIU1 • POl'~k'I LEFTII EDITION
24 01'1987 .41A`' •~~+IYH-THE. A~IEkI(.AN'INS'IITC'I'E OI Ak(.HITECTS hii ~P:IX YORK ACENE A'IX IXAHIIN61Ux DC !uul N,
WAPNING: Unlicensetl photocopying violates U. S. copyright laws antl is subject to legal prosecution. 3/87
BID TABULATION KERB COUNTY LAW ENFORCEMENT FACILITY KERRVILLE, TEXAS THURSDAY, JULY 21, 1994 2:00 P.M. DI STEFANO/SANTOPETRO ARCHITECTS,INC
ALT. #,1 ALT. #2 AL
CONTRACTOR BASE BID +ADD + ADD +
#5
~_ BID BOND

BROWNING CONSTRUCTION
DEM: ,~.	
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KRUEGER CONSj. CO.
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KUNZ CONST. CO. INC.
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STODDARD CONST. CO.
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ALT. #l: Indicate the amount to be added to
ALT. #2: Indicate the amount to be added to
ALT. #3: Indicate the amount to be added to
ALT. #4: Indicate the amount to be deducted
ALT. y5: Indicate the amount to be deducted
REMARKS:
the Base
the Base
the Base
from the
from the

eae-

Bid for the additional concrete paved drive as shown on Sheet A1.1 between Parking & Vehicle Storage.
Bid for providing an enclosed Metal Building in the Vehicle Storage Yard.
Bid for providing chain link fence with gates around the Vehicle Storage Yard.
BAse Bid for using Asphalt Paving in lieu of Concrete Paving.
Base Bid for deleting all concrete paving and drive entries.
BID FRCP9: ~.
PACK BRAS.
CONSTRUCTION CO., INC.
1538r Tradesman Drive San Mtonio, Tertas TB249
EID TO: KERB COUNTY CbNP'fISSIONSRS COUFQ' k~
[~~1. W. G. STAGY, COUfITY JUDGE
KERB COUNTl COURTHOUSE - 700 MAIN ST.
IzF'RRVILI,E, TEXAS 78028 ~E
(~NERAL CON"_`RACT BID FOR: TAF. ILERR COUNTY InSV
ECdFORCEMMEPd'P FACILITY
BIDS; JI7LY 21, 1994 @ 2:00 p.m. i.
Fi,~omn ~ 1
rate rc
rty ~ ~ . tai s M
a, ae~
DOCUMENT A3
PROJECT: KERR COUNTY LAW ENFORCEMENT FACILITY
BID DATE: Thursday, July 21, 1994
BID TIME: 2:00 P.M.
PLACE: OFFICE OF THE COUNTY JUDGE
700 Main Street - Kerrville, Texas
PROPOSAL FORM
Page A3-1
CONTRACTOR: PACK Bros. Construction Co. Inc.
TYPED/PRINTED NAME OF FIRM SUBMITTING PROPOSAL
TO: KERR COUNTY COMMISSIONERS COURT
Hon. W. G. Stacy, County Judge
Kerr County Courthouse
Kerrville, Texas 78028
BASE BID
Having carefully examined the Construction Documents and having
visited the site and examined all conditions affecting the Work,
the undersigned agrees to provide all labor and material required
by the Construction Documents and do all work necessary for the
complete construction of the KERR COUNTY LAW ENFORCEMENT FACILITY,
located in Kerrville, Texas, for the lump sum of:
BROKEN DOWN AS FOLLOWS:
***** NOTE: THIS BID EXCLUDES ALL UTILITY CHARGES. **~
$ 2~fT75L~n Material
$ 2~f 17 X60 Labor
If the OWNER desires to accept the following Alternates, the
undersigned agrees to complete the Work as indicated and as
specified, as follows:
ALTERNATE NO. 1: Amount to be ADDED TO the Base Bid for the
additional concrete paved drive as shown on the Drawings and as
described in Section 01100'of the Specifications.
(amount in figures)
DOLLARS
BROKEN DOWN AS FOLLOWS: $ ~ 3$3o Material
$ 63830 Labor
(amount in figures)
KERR COUNTY LAW ENFORCEMENT
FACILITY
PROPOSAL FORM
Page A3-2
ALTERNATE NO. 2: Amount to be ADDED TO the Base Bid for providing
an enclosed Metal Building in the Vehicle Storage Yard as shown on
the Drawings and described in Section 01100 of the Specifications.
n in~words governs
(S ~~0~2 )
(amount in figures)
BROKEN DOWN AS FOLLOWS:
$ !70'x! Material
$ t ZU3/ Labor
ALTERNATE NO. 3:. Amount to be ADDED TO the Base bid for providing
a chain link fence with gates as shown on the Drawings and as
described in Section 01100 of the Specifications.
(amount writt
( $ 7ooQ )
(amount in figures)
BROKEN DOWN AS FOLLOWS:
words governs)
$ 3SUO Material
$ 3Soc~ Labor
ALTERNATE NO. 4: Amount to be DEDUCTED FROM the Base Bid for
using asphalt paving in lieu of concrete paving ae shown on the
Drawings and described in Section 01100 of the Specifications.
~ Q,amount writt
( $ ZSOD~ )
(amount in figures)
BROKEN DOWN AS FOLLOWS:
governs
DOLLARS
DOLLARS
DOLLARS
$ l2 Sod Material
$ lZSon Labor
ALTERNATE NO. 5: Amount to be DEDUCTED FROM the Base Bid for
deleting all concrete paving and drive entries as shown on the
Drawings and described in Section 01100 of the Specifications.
DOLLARS
(S ~v~o3~ >
(amount in figures)
BROKEN DOWN AS FOLLOWS: $ ~'LO/'~ Material
$ 52 OlR Labor
KERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
FACILITY Page A3-3
TIME FOR COMPLETION. If awarded a Contract for this Project,
the undersigned agrees to Substantially Complete the work within
450 Calendar Days from date of Notice to Proceed and further
agrees, subsequent to issuance of the Substantial Completion
Certificate, to fully complete the Work within thirty (30) days or
such approved extension of time thereafter.
ADDENDA. The undersigned acknowledges receipt of Addendum
Number(s) 1, 2, 3 issued during the time for bidding and has
included the several changes therein in this Proposal.
BID SECURITY. Bid Security in the sum of DOLLARS
($ ) in the form of 5o GAB Bond
is submitted herewith as a guarantee that the undersigned will, if
this Proposal is accepted and the undersigned be notified of such
acceptance, enter into a Contract and furnish acceptable
Performance and Payment Bonds within ten (10) days after the
prescribed forms of Agreement and bond are presented to the under-
signed for execution and that no bid made hereby will be withdrawn
within thirty (30) days after the date set for opening of bids for
this Work without your consent.
CHANGES IN THE WORK. When changes in the Work are ordered
involving extra cost over and above the Contract Sum, the coat of
such extra work shall be stated as a lump sum to be added to the
Contract Sum before the extra work is begun, in which event the
lump sum shall represent the actual cost of labor and material
plus 15 percent overhead, plus. 15 percent profit for work
performed by the General Contractor, and 15 percent profit on
subcontract work performed by a subcontractor.
COMPLIANCE ACKNOWLEDGMENT. The undersigned acknowledges this
Proposal is based on STRICT COMPLIANCE with the Drawings and
Specifications, as to items, materials, methods, etc., or PRIOR
APPROVED EQUAL3 ISSUED BY ADDENDA BEFORE BZD OPENING DATE.
If awarded the Contract for this Project, the undersigned proposes
to use /,~/~~~~~~ as the
DETENTION EQUIPMENT MANUFACTURER.
GENERAL.
It is understood that if accepted by Owner, this Proposal becomes
a part of the Contract Documents upon the signing of the
Agreement, and failing to comply with any part of this Proposal
will be taken as failure of the Bidder to comply with the Contract
Agreement and will be just cause for rejection of the work.
If awarded the Contract for this Project, the undersigned shall
submit to the Architect a list of subcontractors he proposes to
employ prior to executing the subcontracts. It is also understood
that OWNER reserves the right to reject any or all bids; to accept
KERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
FACILITY Page A3-4
or reject any Alternate, to accept any combination of Alternates;
to accept any bid considered advantageous; and to waive any
informality or irregularity in any bid which, in his judgement, is
in his own best interest. It is in the owner's best interest to
occupy the building as quickly as possible, therefore,
consideration of either lowest price and/or length of days bid for
substantial completion may be a major factor in determining the
most advantageous bid.
The undersigned certifies that the amounts contained in this
Proposal have been carefully checked and are submitted as correct
and final.
The undersigned agrees that he will not withdraw this Proposal for
a period of thirty (30) days from the date hereof: July 21. 1994.
BID TO SE SUBMITTED IN DUPLICATE.
PACK Bros. Construction Co., Inc.
BAME O`F~TRACT~N ~~
AUTHORIZED SIGNATURE
PRINTED/TYPED NAME & TITLE OF ABOVE
Samuel P. Pack, President
ADDRESS: 15381 Tradesman Dr.
San Antonio, TX 78249
CITY STATE ZIP
TELEPHONE: ( 210 ) 493-3090
FAg; ( 210 ) 493-3089
STATE WHETHER CORPORATION
PARTNERSHIP or INDIVIDUAL
SEAL, IF CORPORATION
-000-
~ CHUBB GROUP OF INSURANCE COMPANIES
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. 81413454-C Amount $ 5°s OF GAB
Know All Men By These Presents,
That we, PACK BROS. CONSTRUCTION CO., INC.
15381 TRADESMAN DR.
SAN ANTONIO, TEXAS 78249
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
Kerr County Commissioners Court, Honorable W. C. Stacy,
County Judge, Kerr County Courthouse
700 Main St. , Kerrville, Texas 78028 (hereinafter called the Obligee),
in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID*****************Dollars
($ 5 o GAB********), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 21ST day of JULY
A. D. nineteen hundred and 94
WHEREAS, the Principal has submitted a bid, dated JULY 21ST 19 94
for Kerr County Law Enforcement Facility
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid
of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and
give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure
of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif-
ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which
the Obligee may legally contract with another party to perform the work covered by said bid, if the Iatte~,aYnount
be in excess of the former, then this obligation shall be null and void, otherwise to remain in fuU force•and effect,
A
PACK BROS. CONST
By:
SAMUEL P. PACK, ESIDENT ., ,.~ '
FEDE ,~U/RANGE CO PAN1Y ' -
ey ///~r~- /~w~
RANDALL C. BR STOW, ATTCFNEX-~IN-FACT
vflwTEo
Form 15 02 0002 (flev. 490J M-24"!05 (EOM) ~ ~s~n
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ 07059
(sos~ seo-2oo0
Know ell Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted
and appointed, and does hereby constitute and appoint Randall C. Bristow, Cathy Martinez, James
E. Sachse and Warren T. Shropshire of San Antonio, Texas ---------------------------
each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and
deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to~vrit:
1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any
Sheriff or Magistrate, for the doing or not doing of arrything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the
laws or regulations relating to Customs or Internal Revenue; License and Permit Bonda or other indemnity bonds under
the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private;
bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, VYorkers' Compensation bonds, Miscellaneous
Surety ponds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contreaors in connection whh bids, proposals or contracts.
In Wknsas Whsroof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused
these presents to be signed by its Vice President and Assistant Secretary end its corporate seal to be hereto affixed
this 19th deJ'~November t9 93
Corporate Seal
•vy- ,i. ~<-~
',, ; ~!.
,~ s
~'
*~
Kenneth C. Wendel
Aseietem Sacrotsry
STATE OF NEW JERSEY 1 ~
County of Somerset f
FEDERALINSURANC£ COMPANY
BY
(~~'
Gerardo G. Mauriz
Vlee PreekleM
On this 19th day of November 19 93 .before me personally came Kenneth C. Wendel to me known
and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that
he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed
to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company,
and that he signed said Power of Attomey as Assistant Secretary of said Company by like authority; and that he is acquainted
with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G.
Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed
by authority of said By-Laws and in deponent's presence.
Notarial Seal
Al^801
m
,~ .iDfD
7~iti~
Goon 1Sr0-013e tRw 1683) GENERAL
Acknowledged and Swom to before me
on the date(~ov~ written.
~~'z.v~ ~ Cl' CSC Ct -~ C`1~V'.
Notary Public
JAJtSf ~. ac,-voerf;
Near? 14blic, State e[ Iisw Jwr),
710. 2066520
Cssrob~ioe Hzpiraa l)ao6er 2, 1994
GpIN,£D
M-558T/ )5007 u~~.
CERTIFICATION
STATE OF NEW JERSEY 1 ss.
County of Somerset f
I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certiy that the following is a true
excerpt from the Bylaws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By-law
is in full force and effect.
"ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other instruments other than 85 above for and on behalf of the Company
which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company
either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant
Secretary, under their respective designations, except that any one or more officers or attorneys-in-fact designated in arty
resolution ct the Board of Directors or the Executive Committee, or in arty power of attorney executed as provided for in
Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power ct attorney.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf
ct the Comparry, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice
President, jointly with the Secretary or an Assistant Secretary, under their respective designffiions. The signature of such
officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman,
President, any Vice President, arty Assistant Vice President, arty Secretary, arty Assistant Secretary and the seal of the Corr
parry may be affixed by facsimile to arty power of ffiwmey or to arty certificate relffiing thereto appointing Assistant Secretaries
or Attorneys-in-Fact for purposes only of executing end attesting bonds and undertakings end other writings obligatory in
the nature thereof, and arty such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed end certified by such facsimile signature and
facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached:'
I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each
of the States of the United States of America, District ct Columbia, Puerto Rico, and each of the Provinces of Canada with
the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted
or required by law.
I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby cerfity that the foregoing Power
of Attorney is in full force and effect.
Given under my hand and the sQal ct said Company ffi Warren, N.J., this ~~~ day
of 4 . t9~•
Corporete Seal
7
Auista Secretary
STODDARD CONSTRUCTION CO.
P. O. BOX 33128
SAN ANTONIO, TEXAS 78265
(210)653-1324
(210)653-6127 FAX

GENERAL CONTRACT BID FOR THE RERR
COUNTY LAW ENFORCEMENT FACILITY
KERRVILLE, TEXAS
BID DATE: 07/21/94
BID TIME: 2:00 P.M.

KERR COUNTY COMMISSIONERS COURT
HON W_ G. STACY, COUNTY JUDGE
RERR COUNTY COURTHOUSE
700 MAIN STREET
KERRVILLE, TEXAS 78028
n o~ra no. ~9~~
PAiR / } ~M
Coo. C ,.fua
.aAb
DOCUMENT A3
PROJECT: KERR COUNTY LAW ENFORCEMENT FACILITY
BID DATE: Thursday, ,7uly 21, 1994
BID TIME: 2:00 P.M.
PLACE: OFFICE OF THE COUNTY JUDGE
700 Main Street - Kerrville, Texas
PROPOSAL FORM
Page A3-1
CONTRACTOR: STODDARD CONSTRUCTION CO.
TYPED/PRINTED NAME OF FIRM SUBMITTING PROPOSAL
TO: KERR COUNTY COMMISSIONERS COURT
Hon. W. G. Stacy, County Judge
Kerr County Courthouse
Kerrville, Texas 78028
BASE BID
Having carefully examined the Construction Documents and having
visited the site and examined all conditions affecting the work,
the undersigned agrees to provide all labor and material required
by the Construction Documents and do all work necessary for the
complete construction of the KERR COUNTY LAW ENFORCEMENT FACILITY,
located in Kerrville, exas, for the lump sum of:
~'I V ~' YY- I L~~ D
1 ~~~ ~ DOLLARS
(amount written in words governs)
(amount in figures) ~ bU D~~[~
BROKEN DOWN AS FOLLOWS: $ 1 Material
$ ~ -~i~abor
~ ~ Z ~-~, Dock ~-i.
If the OWNER desires to accept the following Alternates, the
undersigned agrees to complete the Work as indicated and as
specified, as follows:
ALTERNATE NO. 1: Amount to be ADDED TO the Base Bid for the
additional concrete paved drive as shown on the Drawings and as
described; in ,,Section 01~00_o.~-~heiStoecifications.
(amour in figures)
governs
BROKEN DOWN AS FOLLOW3: $ _ ~~ DO O -----PI'aterial
$ ~~ ~~ ~JLabor
RERR COUNTY LAW ENFORCEMENT
FACILITY
PROPOSAL FORM
Page A3-2
ALTERNATE NO. 2: Amount to be ADDED TO the Base Bid for providing
an enclosed Metal Building in the Vehicle Storage Yard as shown on
the Drawings and described in Section 01100 of the Specifications.
DOLLARS
(amount written in words governs)
($ )
(amount in figures)
BROKEN DOWN AS FOLLOWS: $ Material

Labor
ALTERNATE NO. 3: Amount to be ADDED TO the Base bid for providing
a chain link fence with gates as shown on the Drawings and as
described in Section 01100 of the Specifications.
DOLLARS
(amount written in words governs)
(S )
(amount .tn figures)
BROREN DOWN AS FOLLOWS:
Material
$ Labor
ALTERNATE NO. 4: Amount to be DEDUCTED FROM the Base Bid for
using asphalt paving in lieu of concrete paving as shown on the
Drawings and described in Section 01100 of the Specifications.
DOLLARS
(amount written in words governs)
($ )
(amount in figures)
BROKEN DOWN AS FOLLOWS: $ Material
Labor
ALTERNATE NO. 5: Amount to be DEDUCTED FROM the Base Bid for
deleting all concrete paving and drive entries as shown on the
Drawings and described in Section 01100 of the Specifications.
DOLLARS
(amount written in words governs)
($ )
(amount in f gures)
BROKEN DOWN AS FOLLOWS: $ Material
$ Labor
ItERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
FACILITY Page A3-3
TIME FOR COMPLETION. If awarded a Contract for this Project,
the undersigned agrees to Substantially Complete the Work within
~_Calendar Days from date of Notice to Proceed and further
agrees, subsequent to issuance of the Substantial Completion
Certificate, to fully complete the Work within thirty (30) days or
such approved extension of time thereafter.
ADDENDA. The undersigned acknowledges receipt of Addendum
Number(s) 01,02,03 issued during the time for bidding and has
included the several changes therein in this Proposal.
BID SECURITY. Bid Security in the sum of 5~ GAB DOLLARS
($ ) in the form of BID BOND
is sub-muted herewith as a guarantee that the undersigned w 11, f
this Proposal is accepted and the undersigned be notified of such
acceptance, enter into a Contract and furnish acceptable
Performance and Payment Bonds within ten (10) days after the
prescribed forms of Agreement and bond are presented to the under-
signed for execution and that no bid made hereby will be withdrawn
within thirty (30) days after the date set for opening of bids for
this Work without your consent.
CHANGES IN THE WORK. When changes in the Work are ordered
involving extra cost over and above the Contract Sum, the cost of
such extra work shall be stated as a lump sum to be added to the
Contract Sum before the extra work is begun, in which event the
lump sum shall represent the actual cost of labor and material
plus i_~ercent overhead, plus 0_percent profit for work
performed by the General Contractor, and O~ercent profit on
subcontract work performed by a subcontractor.
COMPLIANCB ACKNOWLEDGMENT. The undersigned acknowledges this
Proposal is based on STRICT COMPLIANCB with the Drawings and
Specifications, as to items, materials, methods, etc., or PRIOR
APPROVED EQUALS ISSUED 8Y ADDENDA BEFORE BID OPENING DATE.
If awarded the Contract for this Project, the undersigned proposes
to use ~ I ~.-L'C~ as the
GENERAL.
it is understood that if accepted by Owner, this Proposal becomes
a part of the Contract Documents upon the signing of the
Agreement, and failing to comply with any part of this Proposal
will be taken as failure of the Bidder to comply with the Contract
Agreement and will be just cause for rejection of the Work.
if awarded the Contract for this Project, the undersigned shall
submit to the Architect a list of subcontractors he proposes to
employ prior to executing the subcontracts. It is also understood
that OWNER reserves the right to reject any or all bids; to accept
KERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
FACILITY Page A3-4
or reject any Alternate, to accept any combination of Alternates;
to accept any bid considered advantageous; and to waive any
informality or irregularity in any bid which, in his judgement, is
in his own best interest. It is in the Owner's best interest to
occupy the building as quickly as possible, therefore,
consideration of either lowest price and/or length of days bid for
substantial completion may be a major factor in determining the
most advantageous bid.
The undersigned certifies that the amounts contained in this
Proposal have been carefully checked and are submitted ae correct
and final.
The undersigned agrees that he will not withdraw this Proposal for
a period of thirty (30) days from the date hereof: July 21. 1994.
BID TO BE SUBMITTED IN DUPLICATE.
STODDARD CONSTRUCTION CO.
NAME PF/~CONTRACTING FIRM
AUTH RIZED SIGNATURE
PRINTED/TYPED NAME & TITLE OF ABOVE
JERON C. STODDARD, PRESIDENT
ADDRESS: POB 33128
SAN ANTONIO, TX 78265
CITY STATE ZIP
TELEPHONE: ( 210 ) 653-1324
FAX; ( 210 )653-6127
STATE WHETHER CORPORATION
PARTNERSHIP or INDIVIDUAL
CORPORATION-STATE OF TEXAS
SEAL, IF CORPORATION
` T -OOO-
c. '' r
~ >y, ::
Continental
Insurance®
BID BOND
Approved by The American Institute of Architects,
A.I.A. Document No. A•310 (Feb. 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS,
That we Stoddard Construction Com
P.O. Box 33128 San Ant
and The Glens Falls Insurance
180 Maiden Lane
a corporation duly organized under the laws of the
ono firmly bound unto Kerr County Comm
u, rn rocoo as Principal, hereinafter called the Principal,
>~any
of New or ID63
of DalawarP , as Surety, hereinafter called the Surety, are held
Kerrville, TX 78028 , as Obligee, hereinafter called the Obligee,
in the sum of Five Percent Greatest Amount Bld-------------------------------- Dollars
(~ 5% GAB ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our-
selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Law Enforcement Facility
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with
good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Signed and sealed this 21st day of July
Stoddard Construction
L. ~ ,
(Witness) J n C. Stodda>•ri
- i
~~
_. (Witness)
The Glens Fa11s,,Insurance Company
A. D: 19 i9~4:
pony (;Seal)
(Principal)
t ,~
(Title) Px>sident ~ ,~
' ~ (Seal)
tr) .. .
pis,. >. r
(rne> Attorney-in-Fact
SURETY SOLO p-92) PRINTED IN U.S.A.
gtp BOND
t
';' BOND N0.
Amount 5
^' Date Issued.
On Behalf of
4
t _.
Principal
In Favor of
Obligee
ins~un~Ce ~1
The Glens Falls Insurance Company
180 Maiden Lane, New York, New York 10038
GENERAL POWER OF ATTORNEY
K(1DW d~~ flle0 by tht2Se PI'eSe(If:Sr That THE GLENS FALLS,~NSURANCE COMPANY has made, constitutes
and appointed, and by these presents does make, constitute and appoint '"
Pat J. Moore of San Antonio, Texas
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking
and contracts of suretyship to be given to
All Obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
Ten Million ($10,000,000) Dollars
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by
the Board of Directors of the Company on the 1st day of November, 1977:
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President w a Senior Vice President w a Vice President o(thc
Company, be, and that each want' of them hereby Is, authorized to execute Powers o(Anwneyqualifying the attorney named In the given Power of Attorney to execute in behalf of thr
Company, bonds, undertakings and all contracts o(sureryship; and that an Assistant Vice President, a Secretary w an Assistant Secretary be, and that each w any of them hereby is
authorized to arrest the execution or any such Power of Anorney, and to anach Thereto the seal o(the Company.
FURTHER RESOLVED, That the signatures o(such o(fcers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto bt
facsimile, and any such Power of Anorney or certificate bearing such lacsimit)<signatures or facsimile seal shall be valid and binding upon the Company when so aMxed and in the future
wish respect to any bond, undertaking or contract o(suretyship to which it ii ana<hed."
In Witness Whereof, THE GLENS FALLS INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presenl~
to..be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985.
A[tesL• ~~/~
s
Robert W. Mler, Sr., Assistant Vice Resident
STATE OF NEW YORK
COUNTY OF NEW YORK >`
THE GLENS FALLS INSURANCE COMPANI
By
`/ 1 Michael 1. Deemaer. Vke Resident
On this 1 st day of May, 1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose
and say that he is a Vice President of the THE GLENS FALLS INSURANCE COMPANY, the corporation described in and which executed the
above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
~'"r.,°,;,,;,N+'+ NOTARY PUBLIC SIRa a ofONew York
No. ]44663117 Quai. In Kinggss County
CERTIFICATE Commission Expires March 30, 1986
I, the undersigned, anAssistant Vice President of the THE GLENS FALLS INSURANCE COMPANY, a Delaware corporation, DO HEREBY
CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the
Resolution of the Board of Directors, set forth in [he said Power of Attorney, is now in force.
Signed and sealed at the City of New York, in the State of New York. Dated the 21st da/y/Jo( July~K/_,19 94 .
s' ''^ ~ ' e' .r~~'ss.G _
`. + )amen M. Keane, Assistant Vice President
63 BOND 4315M Printed in U.S.A.
BROWNING
PO Bna 60E San Anton o, Texas 78293
FIRST CLASS MAIL
Kerr County Commissioners CouH
Hon. W.G. Stacy, County Judge
Kerr County Courthouse - 700 Main St.
Kerrville, TX 75028
General ConYracY Bid for The
Kerr Connty Law Enforcement Facility
~~aro 01g~/%~jJ/~~ g~
Co r C f ay /
~ D°oaM
DOCUMENT A3
PROJECT: RERR COUNTY LAW ENFORCEMENT FACILITY
BID DATE: Thursday, July 21, 1994
BID TIME: 2:00 P.M.
PLACE: OFFICE OF THE COUNTY JUDGB
700 Main Street - Kerrville, Texas
PROPOSAL FORM
Page A3-1
CONTRACTOR: Browning Construction Co.
TYPED/PRINTED NAME OF FIRM SUBMITTING PROPOSAL
TO: RERR COUNTY COMMISSIONERS COURT
Hon. W. G. Stacy, County Judge
Kerr County Courthouse
Kerrville, Texas 78028
BA56 BID
Having carefully examined the Construction Documents and having
visited the site and examined all conditions affecting the Work,
the undersigned agrees to provide all labor and material required
by the Construction Documents and do all work necessary for the
complete construction of the RERR COUNTY LAW ENFORCEMENT FACILITY,
located in Kerrville, Texas, for the lump sum of:
ant wr tten n
( $ ~, ~ '~ }goo. ob ) .
(amount n f gurea)
BROKEN DOWN AS FOLLOWS:
governs) '
S ~°'~~,~.~ Material
$ 2 X59.$, o~c~ ~ Labor
If the OWNER desires to accept the following Alternates, the
undereigned agrees to complete the Work as indicated and as
specified, as follows:
ALTBRNATE l10. 1: Amount to be ADDED TO the Base Bid for the
additional concrete paved drive as shown on the Drawings and as
described in Section 01100 of the Specifications.
Remount writt
(amo nt n f gores)
-----~OLLAR3
,e~
BROKEN DOWN A3 FOLLOW3: $ f~'J Material
$ I ZF„~I ]'). ~~ Labor
RERR COUNTY LAW ENFORCEMENT
FACILITY
PROPOSAL FORM
Page A3-2
~TERNATE 110. 1i Amount to be ADDED TO the Base Bid for providing
an enclosed Metal Building in the Vehicle Storage Yerd es shown on
the Drawings and described in Section 01100 of the specifications.
( $ ~i$~~ )
(amounf~n figures)
BROKEN DOWN AS FOLLOWS:
2 I F ooa. oo
$__T~sa. _Material
$ ,~,~i--r9rrp~-Y,~`? _Labor
,~i cz_+b, v0
s~TERNATB RO. 3: Amount to be SIDDED TO the Base bid for providing
a chain link fence with gates as shown on the Drawings and as
.iocrrrihed in Section 01100 of the Specifications.
$ ~ 2tx~. 00 Labor
~TERNATB NO. 4: Amount to be DEDUCTED FROM the Base Bid for
using asphalt paving in lieu of concrete paving as shown on the
Drawings and described in Section 01100 of the Specifications.
T tR'C`/ ~~~ Awn ~~~ DOLLARS
3 ~ooo noount wr tten n words governs)
($ ~ )
( amoun n f gures ) 4.fo ~C~oc~.oO
BROKEN DOWN AS FOLLOWS: $ ~~~~'.`~ Material
$ Labor
1T,TERNATE 110. Ss Amount to be DEDUCTED FROM the Base Bid for
deleting all concrete paving and drive entries as shown on the
Drawings and described in Section~01^100 of the Specifications.
~1..~ hFun,r,QC[) ~Lk:RTY' ~c.l2 lidot:sANl~ bwir~ Ni'~7 DOLLARS
~- d .moo
($amount~ f quresj
BROKEN DOWN AS FOLLOWS: $ 7`~rQ~,o~ Material
$ (~,~Oc~C~,oo Labor
(amount n f gures)
BROKEN DOWN AS FOLLOWS: $ ~}"~C.2X',. ~`7 Material
RERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
!AGILITY Page A3-3
TIME iOR COMPLETION. If awarded n Contract for this Project,
the undersigned agrees to Substantially Complete the Work within
-~1`~~o_r~' Calendar Days from date of Notice to Proceed and further
agrees, subsequent to issuance of the Substantial Completion
Certificate, to fully complete the Work within thirty (30) days or
such approved extension of time thereafter.
aQDENDA. The undersigned acknowledges receipt of Addendum
Number(s) 1 2 issued during the tine for bidding and has
included t e severs changes therein in this Proposal.
~D SECURIT2. Bid Security in the sum of DOLLARS
($ ) in the form of otal bid amount
is subbed herewith as a guarantee that the unders gned w 11,
this Proposal is accepted and the undersigned be notified of such
acceptance, enter into a Contract and furnish acceptable
Performance and Payment Bonds within ten (10) days after the
prescribed forma of Agreement and bond are presented to the under-
signed for execution and that no bid made hereby will be withdrawn
within thirty (30) days after the date set for opening of bids for
this Work without your consent.
CHANGES IN THE MORE. when changes in the work are ordered
involving extra cost over and above the Contract Sum, the cost of
such extra work shall be stated as a lump sum to be added to the
Contract Sum before the extra work is begun, in which event the
lump sum shall represent the actual coat of labor and material
plus 10 ercent overhead, plus -percent profit for work
performed by the General Contractor, and 2_~ercent profit on
subcontract work performed by a subcontractor.
COMPLIANCE ACRNONLSDOMENT. The undersigned acknowledges this
Proposal is based on STRICT COMPLIANCE with the Drawings and
Specifications, as to items, materials, methods, etc., or PRIOR
APPROVED EQUALS ISSUED BI ADDERDA BEFORE HID OPENING DATE.
If awarded the Cont~ct for this Project, the undersigned proposes
to use ~,.~ t~+-ow R®i) vc.'t5 as the
nL~T417T Tn~i Yfl11T DMR/iT M117iTF 1f`TfiDV0
GENERAL.
It is understood that if accepted by Owner, this Proposal becomes
a part of the Contract Documents upon the signing of the
Agreement, and failing to comply with any part of this Proposal
will be taken as failure of the Bidder to comply with the Contract
Agreement and will be just cause for rejection of the Work.
If awarded the Contract for this Project, the undersigned shall
submit to the Architect a list of subcontractors he proposes to
employ prior to executing the subcontracts. It is also understood
that OWNER reserves the right to reject any or all bids; to accept
RERR COUNTY LAW ENFORCEMENT
FACILITY
or reject any Alternate, to
to accept any bid considers
informality or irregularity
in hie own best interest. 2
occupy the building as quic
consideration of either low
substantial completion may
moat advantageous bid.
PROPOSAL FORM
Page A3-4
accept any combination of Alternates;
d advnntegeoue; end to waive any
in eny bid which, in hie judgement, is
t is in the Owners best nterest to
kly as possible, therefore,
est price and/or length of days bid for
be a major factor in determining the
The undersigned certifies that the amounts contained in this
Proposal have been carefully checked and are submitted ae correct
and final.
The undersigned agrees that he will not withdraw this Proposal for
a period of thirty (30) days from the date hereof: July 21. 1994.
BID TO SE SUBMITTED IN DUPLICATE
Browning Construction Co.
NAME Off' CONTRJ-CTING F RM
BY: ~i ~ 3 ~ ,a
A THORI2ED SI AT //~
PRINTED/TYPED NAME 6 TITLE OF ABOVE
James C_ Browning, President
ADDRESS: P.O. Box 606
San Antonio, TX 78293-0606
CITY STATE 2IP
TELEPHONE: (210 ) 736-1701
FAR: ( 210 )
736-1786
STATE WHETHER CORPORATION
PARTNERSHIP or INDIVIDVAL
Corporation
SEAL, IF CORPORATION
-000-
/3RD ~CG~ ~nvEn~ f{5 'TH~~.{
i~ -C-c r'(E , 1
l1 (l l (T~ 11 U. ~~ r-~~~il('?C S
~yEr2~ ~iNAV'At~A(~i~E A7"
A.LA. Document No. A-310 (February 1970 Ed)
FIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COM PANV
~py~y NATIONAL SURETY CORPORATION
i~'S ~~ ASSOCIATED INDEMNITY CORPORATION
~A~~~@S AMERICAN AUTOMOBILE INSURANCE COMPANY
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Browning Construction Co. ,
P. 0. Box 606, 903 Basse Rd., San Antonio, TX 78293
as Principal, hereinafter called the Principal, and Associated Indemnity Corporation
a corporation duly organized under the laws of the St¢te of California
as Surety, hereinaller called the Surety, are held ¢nd firmly bound unto K2rr County Commissioners Ciourt,
The Honorable W. G. Stacy, County Judge, Kerrville, Texas
as Obligee, hereinaller called the Obligee, in the sum of five percent (5%) Of the total bid
Dollars ($
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administr¢tors, successors and assigns, jointly ¢nd severally, firmly by these presents.
WHEREAS, the Princ;pal has submitted a bid for Construction of the Kerr County Law Enforcement Facility
Kerrville, Texas
NOW, THEREFORE, it the Obligee shall accept the bid of the Principal and the Princtpal shall enter into a contract with the Obligee
in accordance with the terms Uf such bid, and give such bond or bonds as may be specified in the bidding or contract documents with
good and suffrcient surety for the faithful performance of such contract and tar the prompt payment of labor and material furnished
in the prosecution thereof, or in the event of the failure o[ the Principal to enter such contract and give such bond ar bonds, i[ the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and
such larger amount for which the Obligee may in good faith contract wdh another party to perform the work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 21St d¢y of July A.D. 19 94
^ Browning Construction Co.
(- ~ /I ~ ~ (Principal) (Seal)

.dent
)ration. _~
.-_ c$eai)~V
/_ _ ~ .c
Attorney in tact '
360541 ~-75
GFNEItAL
POA'ER OF
AT2'ORNEY ASSOCIATED INDEMNITY CORPORATION
YIV09Y ALI, MEN BY TIIFSE PRESENTS: That ASSOCIATEp INDEMNITY CORPORATION, a Corporation duly organized and existing under the laws
of the State of California, aced having its principal office in the County of Morin, State of California, has made, constituted and appointed, sad does by these
prexgN quite, conatituu and appoint ALFRED NEUMANN, KYLE NEUMANN, CAROL L, GREEN and MARCY E, TORRES,
jointly or severally
SAN ANTONIO, TX
iu true aqd IawtblAttorney{s}in-FaM,with full power and authority hereby wgferred in iG name, plea and stead, to execute, seal, acknowledge and deliver any
sad all bonds, undenaking, recogniragce or other written obbgauon in the gature thereof _________________________________ _...
sad to bind the Corporation thereby u fully aced to the same extent as if ouch hoods were signed by the Preidem, waled with the wrporate seal of the
Corporation aqd dWy attested by i4 Secretary, hereby ratifying and confirming all that the said Attorneys}ice-Fact may do in the premise.
Thin power of utorney is grouted pursuant to Atticle VII, Section 43 and 46 of ey-laws of ASSOCIATED INDEMNITY CORPORATION sow in full fora sad
effect.
"Attlcte VD. Appo/afinesf agdAafiorlfY of Reddeef Stttvefatie, ArforgeY-la-Fad sad Agafa to aorepr Igal Pracesa and Mike ADPaarattses
9aelbq u. Appttlarmnr. The ClWrmaq of the Board of Dlrecton, tier plssldesl, say Vke-Praideat or say oWsr petwa anNorlaW by fhs Bond of
Dircelorc, the Cba4mae of the Board of Dheclon, the PtaWesl or uy Vke-Pmideat may, from dme to time, appofot Reatdegt AasYlaat 9eerctarMa attd
AttoatteyWq-Fact b rcpreegt sad acl for ad oo behalf or the Corporcdoq sad Agenu to accept legal proems aqd male appeangcp for aqd oq behalf of [be
Corpoadoa.
Sectloa 0a. AarhoApt The auWoA4 of such Reddeal AsabWt 9ecretaris, Atlorgeyr-Iq-Fact aqd Agmu shall he u prescAbed Iq the igrtrgmaol avWepclgg
Iheir appdglmaL Aq fach appolgtmeat aqd aB arlhorlly grantal Wercby stay be revoked al soy time by the Board of Dlrectorc or by any penoq empowensd to
males such appolatmmt.
This ppoower of attocneY is signed and sealed under and by We authority of the foUowigyy Resolution adopted by the Board of I)irxtora of ASSOCUTED
INDEMNITY CORPORATION at a mating duly called and held on the 13th day of ApN, 1984, and said Reoluioq haz not been amended or repealed:
"RBSOLYED, Wert the dgtttuure of aqY Vice-Preident, ANtetant Seaeltry, aqd Resident Aasistan[ Sxmary of [his Corporation, and We zeal of this
Corporction may be affitted or prigted on any power of attorney, on any revocattoq of any power of attorney, or oq any certificate relatigg Werero, by facsimile,
and any power o[ attorney. any revocation of any power of attorney, or certificate bearigg such facsimile signature or facsimile seal ehaL be vaUd and biadigg
upon the Corporation."
IN WITNESS WIiBAEOF, ASSOCIATED INDEMNITY CORPORATION bas caused Wese presequ to be signed by its Vice-President, aced its wrporate seal to
be hactmto affixed thin 29th ~y oy June .ly 9p .
1 ASSOCIATED INDEMNITY CORPORATION
a..t~ -`
`a ~fi;
4iiwia+
Dy
Vloo-PrdOmt
STATE OF CALD*ORNIA m
COUNTY OF MAR1N
~~ 29th daYOf June , 19 90 ,before mepersooaBYCame R. D. Faznsworth
to too known, w5o, bdog by meAWY sworn, dal depox aced wy: that he b Vioe-President of ASSOCL4T'ED INDEMNITY CORPORATION, the CorporaUoo
described tq sad which executed We above intrument; that he knows We seat of said Corporauoq; Wert the seal affxed to We sold instrument b such corporate
sat; flat it was w affixed by order of the Board of Directors of said Corporation aced tba[ he signed fun same Wereto by tike order.
IN WITNESS WIIERPOF, I bane hereunto set mY bead sad affxed my official sal, We day aced yor hereiq brat above written,
unspNIMININxwNw/NNmIw11g11g1111N11
OFFICIAL SEAL
J. M. YANDEYORT
NOTARY PUBLIC-CAlIFOANIA
PnnelpM Office M Mann County
gb CotnatWisn EglrN Aui 26 1992
NaMNIN111N110NN1a1afINMla1Nt11N11m1maN
srwTEOFCAL1FORNU N
COUNTY OF MARIN
~~~~~ ~Nau, Peblk
CERTIFICATE
I, fie ugdmigged, Resident ANia[aut Secretary of ASSOCIATED INDEMNITY CORPORATION, a CALIFORNIA Corporction, DO HEREBY CERTIFY
tlut the foregoing and attached POWER OF ATIIDRNEY remain fn full force and has not been revoked; and fur[hennore [hat Article VII, Section 43 and 46 of
We ey-Iowa of the Corporation, and We Rewludon of We Board of Directors; set forth fn We Power of Attorney, are now In force.
Sipted and sealed u the County of Merin. Dated We day of
~1~~~6.
a.s:o
July ~~.~,~,G I9 94 .
G~ r6~Gl~LI ~ L~~~~f~
anWmt wuirao, a,bd,.r
760711-AS-6-89
DON y,RUEGER CONSTRUCTION COMPANY
P p, BOX 3TEXAS 179033613
VIC'1'ORIAr
~~
~ ~~ ~ ~~ ~
~lJl'' ~ O~p~
`1 t0A
i~A~~.fF"'~~' r
~, l.~'~_____s ~'-`"~~
~ COUNTY COA7MI85IONER~~ ~
E C~
ICE N O, STACYr COUNTY '/ l
U~pg COUNTY CAURTHDUSE h~,L'{.~'
~RRVI~E'r TEXAS 78028
F.. 6q PAt AYE ~Y~ "' Ail
U -~F
BP
HID PROPOSA1r FOR:
KEG COUNTY LAW ENFORCE'yE~ FACILITY
~ggVILLEr TEXAS

DOCUMENT A3
PROJECT: KERR COUNTY LAW ENFORCEMENT FACILITY
SID DATE: Thursday, July 21, 1994
BID TIME: 2:00 P.M.
PLACE: OFFICE OF THE COUNTY JUDGE
700 Main Street - Kerrville, Texas
PROPOSAL FORM
Page A3-1
CONTRACTOR: DON KRUEGER CONSTRUCTION COMPANY
TYPED/PRINTED NAME OF FIRM SUBMITTING PROPOSAL
TO: KERR COUNTY COMMISSIONERS COURT
Hon. W. G. Stacy, County Judge
Kerr County Courthouse
Kerrville, Texas 78028
BASE BID
Having carefully examined the Construction Documents and having
visited the site and examined all conditions affecting the Work,
the undersigned agrees to provide all labor and material required
by the Construction Documents and do all work necessary for the
complete construction of the KERR COUNTY LAW ENFORCEMENT FACILITY,
located in Kerrville, Texas, for the lump sum of:
( $ 5~ /00~ boo ) .
(amount in figures)
governs
BROKEN DOWN AS FOLLOWS: $ 'L8(OG~O Material
$ 22¢000D Labor
If the OWNER desiYes to accept the following Alternates, the
undersigned agrees to complete the Work as indicated and as
specified, as follows:
ALTERNATE NO. 1: Amount to be ADDED TO the Base Bid for the
additional concrete paved drive as shown on the Drawings and as
described in Section 01100 of the Specifications.
( $ 29000 - )
(amount in figures)
BROKEN DOWN AS FOLLOWS:
governs
DOLLARS
DOLLARS
$ /¢SGi~- Material
$ ~` Labor

KERR COUNTY LAW ENFORCEMENT
FACILITY
PROPOSAL FORM
Page A3-2
ALTERNATE NO. 2: Amount to be ADDED TO the Base Bid for providing
an enclosed Metal Building in the Vehicle Storage Yard as shown on
the Drawings and described in Section 01100 of the Specifications.
/H/,Q7~ T/feEE Tl/OUSA~D Tk/O NU.~D~O DOLLARS
(amount written in words governs)
( $ 33200 )
(amount in figures) q
BROKEN DOWN AS FOLLOWS: $ ~ /,ZLt~ Material
$ !¢Q'Y> Labor
ALTERNATE NO. 3: Amount to be ADDED TO the Base bid for providing
a chain link fence with gates as shown on the Drawings and as
described in Section O1i00 of the Specifications.
~(/~/ 7{~JU5.4./D
(amount written
( $ 7060 )
(amount in figures)
BROKEN DOWN AS FOLLOWS:
governs
$ t~ppQ Material
$ 3~dGt~ Labor
ALTERNATE NO. 4: Amount to be DEDUCTED FROM the Base Bid for
using asphalt paving in lieu of concrete paving as shown on the
Drawings and described in Section 01100 of the Specifications.
QR/E"
( $ l5go )
(amount in figures)
BROKEN DOWN AS FOLLOWS
$ /DOO Material
$ 580 Labor
ALTERNATE NO. 5: Amount to be DEDUCTED FROM the Base Bid for
deleting all concrete paving and drive entries as shown on the
Drawings and described in Section 01100 of the Specifications.
~~c~~~y ~~4~r Tames
(amount writt
governs
DOLLARS
(amount in figures)
BROKEN DOWN AS FOLLOWS: $ .rb~ Material
$ 3$(oQp Labor
KERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
FACILITY Page A3-3
TIME FOR COMPLETION. If awarded a Contract for this Project,
the undersigned agrees to Substantially Complete the Work within
42D Calendar Days from date of Notice to Proceed and further
agrees, subsequent to issuance of the Substantial Completion
Certificate, to fully complete the Work within thirty (30) days or
such approved extension of time thereafter.
ADDENDA. The undersigned acknowledges receipt of Addendum
Number(s) i}2,g issued during the time for bidding and has
included the several changes therein in this Proposal.
BID SECURITY. Bid Security in the sum of ~Jl~ T°T~- ~+~ DOLLARS
($ ) in the form of I~i~ (=a>,..~
is subreim tttt d herewith as a guarantee that the unders~.gned w 11, f
this Proposal is accepted and the undersigned be notified of such
acceptance, enter into a Contract and furnish acceptable
Performance and Payment Bonder within ten (10) days after the
prescribed forma of Agreement and bond are presented to the under-
signed for execution and that no bid made hereby will be withdrawn
within thirty (30) days after the date set for opening of bids for
this Work without your consent.
CHANGES IN THE WORK. When changes in the Work are ordered
involving extra cost over and above the Contract Sum, the cost of
such extra work shall be stated as a lump sum to be added to the
Contract Sum before the extra work is begun, in which event the
lump sum shall represent the actual cost of labor and material
plus Lo percent overhead, plus _~ercent profit for work
performed by the General Contractor, and to percent profit on
subcontract work performed by a subcontractor.
COMPLIANCE ACKNOWLEDGMENT. The undersigned acknowledges this
Proposal is based on STRICT COMPLIANCE with the Drawings and
Specifications, as to items, materials, methods, etc., or PRIOR
APPROVED EQUALS ISSUED BY ADDENDA BEFORE BID OPENING DATE.
If awarded th Contr t for this Project, the undersigned proposes
to use ~,~/(~O ~LO(~dG1S as the
DETENTION EQU PMENT MANUFACTURER.
GENERAL.
It is understood that if accepted by Owner, this Proposal becomes
a part of the Contract Documents upon the signing of the
Agreement, and failing to comply with any part of this Proposal
will be taken as failure of the Bidder to comply with the Contract
Agreement and will be just cause for rejection of the Work.
If awarded the Contract for this Project, the undersigned shall
submit to the Architect a list of subcontractors he proposes to
employ prior to executing the subcontracts. It is also understood
that OWNER reserves the right to reject any or all bids; to accept

KERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
FACILITY Page A3-4
or reject any Alternate, to accept any combination of Alternates;
to accept any bid considered advantageous; and to waive any
informality or irregularity in any bid which, in his judgement, is
in his own best interest. It is in the Owners best interest to
occupy the building as quickly as possible, therefore,
consideration of either lowest price and/or length of days bid for
substantial completion may be a major factor in determining the
most advantageous bid.
The undersigned certifies that the amounts contained in this
Proposal have been carefully checked and are submitted as correct
and final.
The undersigned agrees that he will not withdraw this Proposal for
a period of thirty (30) days from the date hereof: ~u 21. 1994.
@ID TO BE SUBMITTED IN DUPLICATE.
.DON KRUEGER CONSTRUC^ ION COMPANY
SY:
---5- -
c~ PRINTED/T~pED, NAME & TITLE OF ABOVE
--~ ~. DON KRUEGER, FfRESIDENT
'•,ADDRESS:.' Ps4. Box 3613
-~"' -VICTORIA, TEXAS 77903-3613
;,, ~ CITY STATE ZIP
TELEPHONE: ( 512 ) 573-5291
FAX: ( 512 ) 573-0162
STATE WHETHER CORPORATION
PARTNERSHIP or INDIVIDUAL
SEAL, IF CORPORATION
-000-
_.~ BID BOND THE (ETNA CASUALTY AND SURETY COMPANY
r*-~. Hartford, Connecticut 06115
LIFE & CASUALTY
Bond No.
KNOW ALL MEN BY THESE PRESENTS,
That we, DON KRUEGER CONSTRUCTION COMPANY
as Principal, hereinafter called the Principal, and
THE (ETNA CASUALTY AND SURETY COMPANY, of Hartford, Connecticut, a corporation duly organized under the laws of the
State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto
Kerr County Commissioners Court
Hon. W. G. Stacy, County Judge
Kerr County Courthouse - 700 Main St.
Kerrville, Tx 78028
as Obligee, hereinafter called the Obligee, in
the sum of Five Percent ofi the Greatest Amount Hid by Principal-------- Dollars
($ (Sy } ___ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Kerr County Law Enforcement Facility
Kerrville, Texas
NOW, THEREFORE, if the Obligee shall accept [he bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed [he penalty hereof between the amount
specified in said bid and such larger amount for which the Obligee may to good faith contract with anoth@I-party to perform the
Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force8nd effect. ~''
..- l
Signed and sealed this2lst day of July
i r
~ (Witness)
(Wines s)
AIA DOCUMENT A310
BID BOND
FEBRUARY 1970 ED.
THE AMERICAN INSTITUTE OF ARCHITECTS
(5-1868-G) 10-70
19 94
( ~ (Principal} (Seal)
P/~s ~~~ v
,. -~'~.' (Title)
THE CAS TY AND RETY COMPANY
,,,,,
~~ ~'1 ,i
J
By
- ~ ,(Attorney-G>xF act)
Douglas Vrazel
.> i .
a
~ ,,;
"~G A T..22~)6~ 1
PRINTED IN U.5 A
BiD BOND

THE /ETNA CASUALTY
AND SUREtV COMPANY
Hartford, Connecticut 06115
Bond
Contractor
.LIFE 6 Cl.S W LTY
THE !ETNA CASUALTY AND SURETY COMPANY
Hatcford. CoDDeCTiwT 06156
POWER OF ATTORNEY AND CEATIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN ay THESE PPE$ENT$, THATTHE.ETNACA$UAITYAND$URETYCOMFANY, a mrporasion dulyorganixed underme laws of N•
Suu al ConnacticuL ana Having ua prineiwi omw in tree City of Horton. Cpunry of Hartpn. $tau of Connecticut. Mth made, conatliuud and
aopoinud. and aaea by mm pnsmts man, cpmtisuu and appoint Ervin F. Vrazel, John F. Brlmberry, Allen T.
Weigand, Douglas Vrazel, Ron Dickson or Hardy J. McCullough - -
or V1CtOr18 TeXe .inlNe Mdnwlul Attomeyltbin-Fettwim Wll DOwerand Wtnariry nerlby COnRrrlC
tp sign, exewu and acknowieags. as MY place within me Uniaa $baa, or, if me itdtowinq qm be'filna in, vrimin Ma area moe dsiq•
nand . me lollowinq inatrumendsl:
by niNher cola iignatun and att arty and all OorWa. n<opn¢ancn. eonuataa dindamniry, and oibr wridnga obligatpry in m• nature of a bane.
«cogN:anca, or epnddoml unaanakinp, area am ana an comema bdamis memo
and b bind THE /ETNA CJSUALTY ANO $UREfY COMPANY, Nareby as NIh and to the same vaunt as if me same wan signed by tn• duly
aumadzed ofhcan o/ THE ATNACA$VAIT' ANO $ VRET' COMPANY, and alt m<ana al acid AhornsylsHmFatt, punpMt ro m< wmoriry Mrein
given, an hereby Holed and eonflrmad.
This appoimmaN is made under and by autnoriry al tM lollowiriq $tandinq Rezolutiona or said Company whim Rezalutions an now in lud lorcc
and aNM:
VOTED: Treat eaN dlmelodowinq amcen:Chairman,KUt7iairman,PresidantArry ExamtlveVleePraaldanl.ArrySanWrYicaPnsldentAmfY4ca
President Arty ASaislam Vlp PrnidMt MY seuanry,Mry Awlataetseuanry, m+Y fronts Wrla wstme alapo(ns ResidMtNnPnaldanta, Reddens
Afainant$ecetaries,Attomeya•iri.Fatt arMApMUte actor arW on bMalf pfine COmparryaatd riiaygiw arrywch apooint« tunJt wmodrynhie
cmifiran o/ auttndry may Ornuiba to dqn wim du fampaaY't Hama W red wim ma Comparey a sed bonds. tamglazances. mntratts of
indemnity, aM amawritirga Pdiganry N Ne rtaano/ a bond, remgnizaritx, a condtbnal urtdanakinq, aMaiay o/ Hid oKnn or ml8oard or
Direaon may K any tlme nmow any auN aPpolntn aritl reveta ma power and aumariry qWM Him,
VOTED: Thos aMbond. remgninnn. mninaolindemrsry, orwrltirq obllgattxyN tMruwnofa OPrid. rtxxpnizanee.orconditlonal urW ertakinq
anal! W vadtl and biraWrq upon me CompinY wMn lal aignW OY ma Cnalrrtttn. me Vke Chalmurt ma hesident an FaemtWe Yin hnldmt a
$aniw Ywa PMiaent a Yoga Prn{dem, an Auisnnt Vke Preddens M by a AedtlMt Vfp Praaldent punuaM n me Devnr DnaMtaW H me
nrn(Kanaf aumedhof aiarh Rnidem YrGPreddent iM doh eaeatad Arid salad vnim me Company's teal by a $etreury or Anisunt $euetary
or W a RnidentAnisun<seueury. Punuantso the power Wesuibad U mecenifiaate oraumMryof ataen ResidentNdnant seuuary; or Wl duly
neuvtad Ivrbn tech it reouirWl by one or mwe Momeytwi•Fatt Wnuant to me power Dnsalbed In hit or mein nrtlRcan ar nnfiraus el
autnodry.
This Power of Artorney and CanifiUn of Auinodry is siglud and soled W ne(min under and by wmodry orme /ellowinq standlnq Resolution
voted by me 9oan o/ Directors of THE .ETNA CA$VALTY AND $URbT! COMPANY wMrdr Rmlutlon is now N WII lore Md eHea:
VOTED: Theme dpnatun of nch of ma fodowinq attkan: Cnairmsn, Vip CnalrriiM. PreaIOMtArry ExealWa Vke President MY sMior Vice
Pieaident ArryVip PrtsidMtMYAsa4tant Vlu Prnident Arry$eveury.Arry Asatanntseaenry, grid meand ofinetOmparlymay be amxed Dv
/aetimile so aM power o/ anomay or so aM nrdfican nladnq meow aopoMtlrq ReddM<Y¢e PrnidMn. Rnident AaaiaDnt seuendes ar
AnomM-in•Faatorpurpoaesanh of exeWdrq arW aheatlrq bonds arW uMertak'vga and omervrriWgiebdgatory in me nature mereaf, and env
Audi tawaof atwmey orturdfican bearing such laisimgedgriatun or /atsimile aul shad M vagdarW drldlrq upon me Company and any turn
Dower so nawated and urdfiad by aurJi lanimile dgluNn arW lataimile and snarl W valid and binding upon me Camparty M ma Ntwa v.tm
napeR n aM 6arid a uMertatlnq n whitli it is adatlied.
IN wnNE$$ WHEREOF, THE ,ETNA CA$UALTY AND $URE7Y COMPANY hat ouaed m4 Ytswment rq W signad by in
Senior Vice President aisd ib mrporan real n W hereto arfixad Nis 10th
aaY Of December Is 90
,f `°' ~ THE 'fryA G15UALTY AJ/D suRETY COMPANY
i Wm.a - -- ~~€f r n /
sun of Cennecticvt J 5eph P. Kiernan
+~H.rtpw Senior Vice President
Counry 01 Manors
on mu 10th e,y or December . Is 90 .heron me personaih came JOSEPH P. KZERNAN
to m. known. wno, bong by rn• doh awom, as d.oasa ua say: mat n/sM r: Senior Vice President er
THE.ETNA U$VAITYANO $VAETY COMPANY, me mrpontlan seau(had InaM whkst neattaaM above Insuument: math/she maws me
seal of said mrpandon: ma[me aNl affixed tome Hid Irlaflpment (touch mrponn ual; arW Nat h/ahe extmsM me saitl instrvment on behalf
of Ne mrparanon Oy aumority a( his/her omuv urWa W $tandinq Rnolutlons merao/.
.ae~\-
CERi1FiCATE
M ranm~'.a,an a.aira M ]I, la 93 ~ Noory PvbGc
`~ Dorothy 1.
Una p~amign.d. Se¢etary oI THE rETNA tJ5VAL7Y ANO SURETY CDMPANY,astock corporation of ina
Suu of Connecii<uf. DO HEPE9Y CEATIFY treat Na loregoinq ana amcned Power oI Anwnty aMCmifian of Aumoriry nmaim In lull !once and
has not Seen revokes: arW Wrmarmora. Nat me Stansirq Anolutiona of tb Board of Director, as sa /ortn in m<Cmifieate of Avmoriry. an now
m lore.
S:gnea and $nlaa at me Home Ofdc< of me Company. in me Ciry of Hanson, Slate o Cann L W thin 215 t say o<
July " 94 '~ ey ~ . ~_
ty .,_ .r~ e c
\ /Se etary
la.n2111u~1~9p ~"~-~ v rRINifO rn VSA
~ BID BOND THE (ETNA CASUALTY AND SURETY COMPANY
• Hartford, Connecticut 06115
uFE a~sua~Tv
Bond No.
KNOW ALL MEN BY THESE PRESENTS,
That we, DON K.RUEGER CONSTRUCTION COMPANY
as Principal, hereinafter called the Principal, and
THE (ETNA CASUALTY AND SURETY COMPANY, of Hartford, Connecticut, a corporation duly organized under the laws of the
State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto
Kerr County Commissioners Court
Hon. W. G. Stacy, County .fudge
Kerr County Courthouse - 700 Main St.
Kerrville, Tx 78028
as Obligee, hereinafter called the Obligee, in
the sum of Five Percent of the Greatest Amount Bid by Principal-------- Dollars
($ (g~ 1 ___ ), for the payment of which sum well and truly to be made, the said Principal and the said Surecy,bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Kerr County Law Enfiorcement Facility
Kerrville, Texas
NOW, THEREFORE, if the Obligee shall accept [he bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if [he Principal shall pay [o the Obligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amount for which the Obligee may rn good faith contract with another party to perform the
Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect: ~, „
Signed and sealed this2lst day of July lg 94
(Principal) (0eal)
(Witness)
~:#~
(Witness)
AIA DOCUMENT A310
BID BOND
FEBRUARY 1970 ED.
THE AMERICAN INSTITUTE OF ARCHITECTS
P~~~r
.(Title)
THE CAS TY AND ~R~T1r COMPANY
By
U {~ (Attorney-in-Fact)
Douglas Vrazel
CAT. 22>6A 1
-19-199p-Gl Ip_>p PRtNT En IN U.S.•
~ ra
P~11
-• a3a' APE SCASUACTY
THE !ETNA CASUALTY AND SUREfY COMPANY
Harzlord. Connecvcut 06156
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN 6Y THESE PRESENTS. THATTHE vETNACASUALTYANO SVAETYCOMFANY, a eamora[ion dulyorganited underma lawae/tna
Snu of Conn•cticvt and navinp iu prindoal efR<• in m< City of Hartland. County al Hartford. Stan of Conn•aicvt. nan made. camdtuud and
>POO:nnd. ana does by mere or•smn mate. conniau and aoooint Ervin F. Vrazel, John F. Drlmberry, Allan T.
Weigand, Douglas Vrazel, Ron Dickson or Hardy J, McCullough - -
al V1ctDria Tex815~ .iu[rv•and lawlvl AROmeylsNn-FatZwiN Nll pdwuandwthoriryhua0y cen4naC
to sign, rs•cuu and acknow edge, at any plan wimin Na Vniteo Sn[ea, e4 it ma loliowinp qna be'(Ilao in, wi[Nn me aru roan eniq•
roue , me fallovdnq inatrvmanpal:
OY nia/hu cola fignatvn and act arty and all0onda, ncopni3ancaf. contract/ o/ Indemr~iry, and mMrwddngs obiiyatory (n tM nuvre el a Oend.
nwgnizance, or mndidoeal endanakinq, and any and ap consenn incidents thereto
and to Oind THE /ETNA USUALTY ANO $UAEtY COMPANY, tnare0y ss lolly >tW to the tame aaxant as if Ma same were signed OY Ina duly
aumorizsd oMCen o/THE k7NACA5VALTY AND SVAETY COMPANY, and all ma acts elsaid ArtomeylaNn•F•CC Dunwm to me aumoriry Mnin
given, an hereby ndfied and confirmed.
This aeooinunam is made under and by autnoriry al ma lollowup $tartdrp Rrwludons of said QompaMwhicn fl•foludans era now in lop force
ano aftea:
VOTEO:'nnt each olN• kpowinq oKnn:Chairman, Kce Gu4rn+n. Pr•sWant MY fitawtHe Yfu Pr Wdenf.MySanbrNU Pnddm4 MY Vka
PresidencArrylsaistantYkahesid•nCMy $acmry.Aity Aaaiauna5•V•nry,nuyhdrrtdrtN todma appouRR•aWniNc•Praaulmt; R•sitlent
...:aunt $ecr•tarte;ARamaynin•Fact and Agantata aaf« anden bMalfo/N. Comparryand maygMarryfuN aPDOintaasuch authodryaahie
uNBU[• o/ aumodry may «asaib• to sign wiM pu CwrtpartYt name and nM with Na COTpan~a NM heltoa. r•mgnizaneas. DOr1VaRf of
iradatztniry. aM odaHwridngaoGigatory fnID• naan of abon4 r•eognisanea. «eaMitiontl urtdxtaakp, andartyofui0 olfiean or m• Beard of
dr•aon may a[ arty Urn• nmova arty such appoinua and rwpk• Uu povrv and auNadry 91wn hhn
VOTED:Thatanybond,raeognizance,aroruraetolLWanu+iry, «writlrtq e0ligatoryM tMnatureofa bond.wacngniranca.«eondldonal undernkirp
shall M vapd srW Wr1mM upon N• CompartywMn(al aignad OY Ne CMfrrtun, du Vfu ChapmatC N• hsidam, an Easutiw Vlu h•aid•n4 a
Sea« Vi<e Praidant • Ytu PrasWnt an Aatizunt 1nu PruidMt « hY a Rtlidmt Viu PrWdant O'atMUnt b fM Dower Wascribeo b M•
urdfuate at sudtariryotstch ReaidMtYwPraidptt arwdury sR•sud arw sealed widt m•t:empart~i ual by a Swauryor Asaisunt5acaury
a Oya Residm<Assimm Sacaury, pumm~tto the Dower preaeri0edln N•urtifwu of aumoruyof such ResidantASaiaunt Savmry; or(01 duly
•aawtad lender teal, if re9uiredl OY one ar moo AROmeya+mFaa pvnuan[ to Na power Drasa(Oed M his w rosin urtiacau or <ardpraut of
avmeriry.
This Power of MemeY and Caruhuu of Aumoriry is signed ano iulad trv lanimpa urWar and Oy aumodry of ma lopowirp Sundinq ResoMien
vend Oy ma BOaro of pileROn of THE .ETNA CASVALTY AND SURETY COMPANY wMCh Rasotudon is new N fop !once aM eRea:
VOTED: That maaignaNn of each of the lollowlnq oMUrf:Chairman, Vlu Chairmut, Prsalo•nC Am/Fs•wM•Yka Preddant Arry Sanfor Vice
lacimiu to aM Dower a aROmey «w arty c•rdRUU nladrp Hereto appoinlup R.eidMR Yru Pruidmv. R•sWant Aaaisunt Seaaudu er
Anomaya-in-Faaf«WtDOaasonry o/urawYrgand aaeadng0andaaruf uManskLpa aM oNarvrddrgaoWpatwy MlM nature Naraef,and any
audt power of atwrruy «prdficau Wadrp suCt fataimR•signatun «laefmile anal ahatl OawpdatM hutdirp upon the COmpanY and any tuck
power so eaeM•d sod uriiflad Oy auN fatsimT• aignaNn and faesimT• anal aMp W vapd and 04Winp upon dr• Company M Ne futon wim
nap•R w any 6ortd «undWUrp to vrUlch k k aRaMad.
IN WfTNE55 WHEREOF, T11E .ETNA CaSVALTY ANO SVRETY COMPANY hu auaW th4lnatmman<to W signed Oy ua .
Senior Vice President and hs wrpont• a.ai w G nar•td afRaW wa 10th
day of Decemb/~ la 90
1r 1~ THE CASUALTY 10 SVRETY COMPANY
~f 8y ~ /
son or Connwicut J seph P. KitaYtan
u x,rRero genior Vice President
County a xardoro
on Nis 10th der of December . to 90 . belen ma DarwnaW came JOSEPH P. I~F1iNAN
to m• knowrC woo, Oainq M me dory awom. did depose ana aaY• tM[ n/sh• b $efll.OT V1ee President er
7HE.EfTtA CJSUALTYAND StMETY COMPANY, tlt• a•ryantlan daaeri0ad N and whklt aa•art•dtM a0w• irtatrtlrnanR duth/aM knevna the
aaalelaaid urponden: tluttha seal aKurao to the aaidinauumMt6sudt earpora4 seat andthM h/aM aaawt•d N• said ineuummt on OaNl/
of Na ofrporadon by audtoriry a( his/Mr olfiu under m• Standup flaaeWtlana N•rn4
CERTIFICATE
X14 /~,p
Y,~V,4: M rp,r,miyian aakaaM )l. if 93 Notary Pvbpc
`"-~.`` Dorothy L. Mar
L the urW wsigrrM, SeQecary a THE .ETNA CASUALTY AND SURETYCOMPANY, a stock corporation of the
Snu e(C•nrwaicut.00 HEREBY CERTIFY mat Na lorepoirp arW seethes Power a/Atamty argGrtifruu alWtnwiry remains N /WI!«u ana
Marwt Menravoked; arq IrrMermera, mar ma StanQrrp AeseNrlons of me Boan a Oireaon. as set feM Ot me Gnificateol Aerhority, are now
m Twee.
S9^•d Md Seaud at tlra Home OKe• of tM Comparry, M Ne Gry o/ Hartford, Stan Conn c red Nis 2 ZS t day pf
July fa 94 ~ ~,
r 1 eY
I':1_" e c
.~ ,, a ecaxy
tS•tfsUtarl s-90 PnwiEpw U.S.•
KUNZ CONSTRUCTION COMPANY, INC. _
p,p. BDX 790140
SAN ANTONIO, TEXAS 78279-0140

KFRR COUNTY CONA7ISSIONERS COURT 1
HON. W.G. STAGY, COU[dT'Y JUDGE
KERR COUNTY COURTHOUSE !
KERRVILLE, TEXAS 78028 __
a
P'* Y~[ //
i c ~.re4n
8y Cepuq
PROJECT: Kerr County Law
Enforcement Facility
BID DATE: 7/21/94
BID TIME: 2:OOPM
(SFALID BID IN D[JPLICATE)
DOCUMENT A3
PROJECT: KERR COUNTY LAW ENFORCEMENT FACILITY
BID DATE: Thursday, July 21, 1994
BID TIME: 2:00 P.M.
PLACE: OFFICE OF THE COUNTY JUDGE
700 Main Street - Kerrville, Texas
PROPOSAL FORM
Page A3-1
CONTRACTOR: KUNZ CONSTRUCTION COMPANY, INC.
TYPED/PRINTED NAME OF FIRM SUBMITTING PROPOSAL
TO: KERR COUNTY COMMISSIONERS COURT
Hon. W. G. Stacy, County Judge
Kerr County Courthouse
Kerrville, Texas 78028
BASE BID
Having carefully examined the Construction Documents and having
visited the site and examined all conditions affecting the Work,
the undersigned agrees to provide all labor and material required
by the Construction Documents and do all work necessary for the
complete construction of the KERR COUNTY LAW ENFORCEMENT FACILITY,
located in Kerrville, Texas, for the lump eum of:
-~'.vr2_
lure,
(amount written in w
(amount ~ es)
BROKEN DOWN AS FOLLOWS:
governs
$ 3, 3~2., o00 - Material
$ a., a.a~, Ooo - Labor
If the OWNER desires to accept the following Alternates, the
undersigned agrees to complete the Work as indicated and ae
specified, as follows:
ALTERNATE NO. 1: Amount to be ADDED TO the Base Bid for the
additional concrete paved drive as shown on the Drawings and as
descnri~bed in Sectiion 0110n0 the S ecifications.
T.~-n~- ~ur-e (~+~-~Y ~o-un, ~ DOLLARS
(amount written in words governs)
(amount in figures)
BROKEN DOWN AS FOLLOWS:
$ 1~~C1,~{o - Material
$ 12.~GbO "' Labor
KERR COUNTY LAW ENFORCEMENT
FACILITY
PROPOSAL FORM
Page A3-2
ALTERNATE NO. 2: Amount to be ADDED TO the Base Bid for providing
an enclosed Metal Building in the Vehicle Storage Yard as shown on
the Drawings and described in Section 01100 of the Specifications.
1 /1 -~ /l. T A !'1
- ~ 1 rf ~X ~
(amount written n words governs
(amount in figures)
DOLLARS
BROKEN DOWN AS FOLLOWS: $ LB,(,o O - Material
$ L~,~.00 _ Labor
ALTERNATE NO. 3: Amount to be ADDED TO the Base bid for providing
a chain link fence with gates as shown on the Drawings and as
described in Section 01100 of the Specifications.
T~-r.
~~w~
worse governs
($ to Seo - )
(amount in figures)
BROKEN DOWN AS FOLLOWS: $ 0 30 0 - Material
$ 42- DC - Labor
ALTERNATE NO. 4: Amount to be DEDUCTED FROM the Base Bid for
using asphalt paving in lieu of concrete paving ae shown on the
Drawings and dnescribedn in Secti~on~~01~10~0(~of the 3pecificatione.
~~~¢~.~ T~-u-.-a-~ ~ °~^^"""""'~ DOLLARS
(amount written in words governs)
($ IS boo- )
(amount n figures)
BROKEN DOWN AS FOLLOWS:
$ g3(o0' Material
$ ~ca~-0 - Labor
ALTERNATE NO. 5: Amount to be DEDUCTED FROM the Base Bid for
deleting all concrete paving and drive entries as shown on the
Drawings and described in Section 01100 of the Specifications.
~-~-i~^'~ ~~OA-+r~- DOLLARS
(amount write en in words governs)
(amount .tn f gures)
BROKEN DOWN AS FOLLOWS: $ brE~~ 00 "' Material
$ ~3,a,6o - Labor
KERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
FACILITY Page A3-3
TIME FOR COMPLETION. If awarded a Contract for this Project,
the undersigned agrees to Substantially Complete the Work within
~(-ao Calendar Days from date of Notice to Proceed and further
agrees, subsequent to issuance of the Substantial Completion
Certificate, to fully complete the Work within thirty (30) days or
such approved extension of time thereafter.
ADDENDA. The undersigned acknowledges receipt of Addendum
Number(s) 1, 2, 3 issued during the time for bidding and has
included the several changes therein in this Proposal.
BID SECURITY. Bid Security in the sum of 58 G.A.B. DOLLARS
($ 5~ G.A.B. ) in the form of Five Percent Greatest Amount Bid
is subsub-meted herewith as a guarantee that the undersigned will, if
this Proposal is accepted and the undersigned be notified of such
acceptance, enter into a Contract and furnish acceptable
Performance and Payment Bonds within ten (10) days after the
prescribed forms of Agreement and bond are presented to the under-
signed for execution and that no bid made hereby will be withdrawn
within thirty (30) days after the date set for opening of bids for
this Work without your consent.
CHANGES IN THE WORK._ When changes in the Work are ordered
involving extra cost over and above the Contract Sum, the cost of
such extra work shall be stated ae a lump sum to be added to the
Contract Sum before the extra work is begun, in which event the
lump sum shall represent the actual coat of labor and material
plus 10 percent overhead, plus• percent profit for work
performed by the General Contractor, and 10 percent profit on
subcontract work performed by a subcontractor.
COMPLIANCE ACKNOWLEDGMENT. The undersigned acknowledges this
Proposal is based on STRICT COMPLIANCE with the Drawings and
Specifications, as to items, materials, methods, etc., or PRIOR
APPROVED EQUALS ISSUED BY ADDENDA BEFORE BID OPENING DATE.
If awardeId. `the Contract for this Project, the undersigned proposes
to use W ~ L.,L,p ae the
..r.mr.,.rm r,~.r n~rrrnuv.wrm uw urrc+r.nmrrn c+n
GENERAL.
It is understood that if accepted by Owner, this Proposal becomes
a part of the Contract Documents upon the signing of the
Agreement, and failing to comply with any part of this Proposal
will be taken as failure of the Bidder to comply with the Contract
Agreement and will be just cause for rejection of the Work.
if awarded the Contract for this Project, the undersigned shall
submit to the Architect a list of subcontractors he proposes to
employ prior to executing the subcontracts. It ie also understood
that OWNER reserves the right to reject any or all bids; to accept
KERR COUNTY LAW ENFORCEMENT
FACILITY
PROPOSAL FORM
Page A3-4
or reject any Alternate, to accept any combination of Alternates;
to accept any bid considered advantageous; and to waive any
informality or irregularity in any bid which, in his judgement, is
in his own best interest. It is in the Owner's best interest to
occupy the building as quickly as possible, therefore,
consideration of either lowest price and/or length of days bid for
substantial completion may be a major factor in determining the
most advantageous bid.
The undersigned certifies that the amounts contained in this
Proposal have been carefully checked and are submitted as correct
and final.
The undersigned agrees that he will not withdraw this Proposal for
a period of thirty (30) days from the date hereof: July 21, 1994.
BID TO BE SUBMITTED IN DUPLICATE.
i„
~~

. .ua.
a- '~ U'3'HORI•..
1,~~•. .'
PRIN~~D/T.YP
~" HarOTd H.
INC.
D NAME & TITLE OF ABOVE
Kunz, Jr., President
ADDRESS: P.O. Box 790140
San Antonio, Texas 78279-0140
CITY STATE ZIP
TELEPHONE: ( 210 ) 344-6247
FAX: ( 210 ) 344-6288
STATE WHETHER CORPORATION
PARTNERSHIP or INDIVIDUAL
CORPORATION (Texas)
SEAL, IF CORPORATION
-000-
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A370
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, thatw/e~ Kunz Construction Company, Inc.
P.O. Box 790140 San Antonio , TX 78279-01 /t,{ere insert full name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and
Continental Casualty Company
(Here insert lull name and address or legal title of Sure[yl
CNA Plaza Chicago IL 60685
a corporation duly organized under the laws of the State of I l l i not s
as Surety, hereinafter called the Surety, are held and firmly bound unto Kerr County Commissioners
Kerr Counts"`r`dour`i;~lolast'=_°d'~°errGil'~e; °`iRw°`8028
Court, Hon. W.G. Stacy, County Judge, y
as Obligee, hereinafter called the Obligee, in the sum of Five Percent Greatest Amount Bid------
------------------------------------------ Dollars f$ 5% GAB ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for Kerr County Law Enforcement Facility
(Here insert full name, address and description of prolecp
NOW, THEREFORE, i( the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Con[rac[ Documents with good and sufficient surety for the faithful performance of such Contract and for [he prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount (or which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 21st day of July 79 94
~..~ Kunz Construction Company, Inc:,°; ..t"~°,.o
Harold H. Kunz, ~r. , ~ idc~tt
n ) Continental Casualty Company ~: - ~;;~;'
dl 1 1, ~. h ~ . r~ . ,<..._..., '°;<e~n• ,
(Witness) ~~.iJt '-" ~ -
Gary W. heatley (Title) Attorney-in~Fa;t'~', '
I , CAUTION: You should sign an original AIA document which has this caution printedari'~re~ ~
® An original assures that changes will not be obscured as may occur when documents are repr9difoetl~; ,
AIA DOCUMENT A310 • BID BOND •AIA ®• FEBRUARY 1970 ED • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 ,. 'I
Continental Casualty Company
c~ra
Fnr All rhr t'nmmil ne•ni. 1'nn NALr
AN ILLINOIS CORPORATION
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men by thex Prcxnts, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the
laws of the State of Illlnols, and having Its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute
and aodoint Robert C Jones Pat J Moore Frank E Wolf Paul Fri ddle, Garv W. Wheatley.
df San Antonio, Texas
Its true and lawful Attorneyin•fact with full power antl authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings
and other obligatory inatruments of similar nature
- In Unlimited Amounts -
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the
duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority hereby
given arc hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted Dy the Board o1
Directors of the Company.
"Article IX-Execution of Documents
Section 3. Appointment of Attorneyin•fact. The President or a Vice President may, from time to time, appoint Dy writtencertificates
attorneya•in•fact to act in behalf of the Company in the excecution of Doiicies of insurance, bonds, undertakings and other obligatory
inatruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall
have full ppower to bind the Company Dy their signature and execution of any such instruments and to attach the seal of the Company
thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given
to any attorneyin•fact."
This Power of Attorney is signed antl seated by facsimile under and by the authority of the following Resolution atloptetl by the
Board of Directors o1 the Company at a meeting duly called and held on the 3rd day of April, 1957.
"Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any
power of attorney granted Dursuant to Section 3 of Article IX of the By-Lowe, and the aipnature of the Secretary or an Assistant Secretary
and the asst 01 the Company may be affixed Dy facsimile to any certificate of any such power, and any power or certificate bearing
such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified
Dyy certificate sa executed and sealed shall, with respect to any bond or undertaking to which It is sttachetl, continue to De valid and
bindind on the Company."
In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these Dresents to be signed by its Vite President and its
wrponte seal to De hereto affixed on this 5th day or March _, 1g_ 93 "
v~sw<:
State of Illinois 1 z co'•d•'r
County of Cook ( ss ~ •
~~ SEAL ~
u.
O;<
On this 5th day of MdrCh
J. E. Purtell, to me known, who, beang by me duly sworn, ditl depose anc
a Vice-President of CONTINENTAL CASUALTY COMPANY, the mrporatil
the seat of said Corporation; that the seal affixed to the said instrument Is
is such wrporate seal; that it was so affixed Dursuant to authority given
thereto Dursuant to like authority, and acknowledges same to be the act
Or C•DE.
~ NOTAIr'r m
-ueue e
c
CONTINENTAL CASUALTY COMPANY
Jj/ Vice President.
. 19 93 ,before me personally came
resides in the Vi1Wge of Glenview, State of Illinois: that he is
in and which executed the above instrument; that he knows
ite seal; that it was so affixed pursuant to the said instrument
of Directors of said corporation and that he signed his name
said corporation.
' Linda C. Dempsey .
My Commission Expires Oc
CERTIFICATE
I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, tlo hereby certify that the Power of A orne herein above
set forth is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the ResolutL the Board of
Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my nam@ And foxed the seal
of the said 21St July - 9~9~ '
Company this day of ~,i19-~.
3 ~~.
z Cpw.,r S ~ ~y
p , George R. Hobaugh As 'I~•tA+ii?Secretary
°v SEAL ~ •,.- -.,
Form 1.234a2•B •~~~'~~~~~~
INV. NO. G-59200-B
4 SAE I Spaw-Glass 5a"n~~o~o Tx~az;6 950
Kerr County Commissioners Court
Hon. W.G. Stacy, County Sudge
Kerr County Courthouse
700 Main St.
Kerrville, Texas 78028
GENBRAL CONTRACT BID FOB THH RSBB COlRiTY LAW ENFOR(:F.MRnm aerri r~
v day o 0.p ::
DOCUMENT A3 PROPOSAL FORM
Page A3-1
PROJECT: KERR COUNTY LAW ENFORCEMENT FACILITY
BID DATE: Thursday, July 21, 1994
BID TIME: 2:00 P.M.
PLACE: OFFICE OF THE COUNTY JUDGE
700 Main Street - Kerrville, Texas
CONTRACTOR: Spaw Glass Contractors, Inc.
TYPED/PRINTED NAME OF FIRM SUBMITTING PROPOSAL
TO: KERR COUNTY COMMISSIONERS COURT
Hon. W. G. Stacy, County Judge
Kerr County Courthouse
Kerrville, Texas 78028
BASE BID
Having carefully examined the Construction Documents and having
visited the site and examined all conditions affecting the Work,
the undersigned agrees to provide all labor and material required
by the Construction Documents and do all work necessary for the
complete construction of the KERR COUNTY LAW ENFORCEMENT FACILITY,
located in Kerrville, Texas, for the lump sum of:
~i~~ mi~l~'~ tdlYee
r
a
DOLLARS
( ount in figures)
BROKEN DOWN AS FOLLOWS:
governs
$ Zt 6 Q `~~ Z7UlJ,O~1'aterial
S Z . 76~f-,~Jdrm®lbor
If the OWNER desires to accept the following Alternates, the
undersigned agrees to complete the Work as indicated and as
specified, as follows:
ALTERNATE NO. 1: Amount to be ADDED TO the Base Bid for the
additional concrete paved drive as shown on the Drawings and as
described in Section 01100 of the Specifications.
written in words governs
( s 2 S ZOO : ov )
(amount~igures)
BROKEN DOWN AS FOLLOWS:
O U DOLLARS
$ ~ Z ;Q(J©;OOMaterial
$ ~ 3,; ZOC~,OOLabor
KERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
FACILITY Page A3-2
ALTERNATE NO. 2: Amount to be ADDED TO the Base Bid for providing
an enclosed Metal Building in the Vehicle Storage Yard as shown on
the Drawings and described in Section 01100 of the Specifications.
.,~ li~Y' 1"i ~ ~1 Yec ~ (j'Y1 Ste{ 'l-~'-cr.r ~un i~~ f2 ~ r~~/ -el`~N" ~IC~DLLARS
(s 33 , ~~~ ~~d >
(amouni~igures)
BROKEN DOWN AS FOLLOWS:
en in words governs
$ / Sj 7 ~\o rOV Material
$ j 7~ ~]~~ , Or~Labor
ALTERNATE NO. 3: Amount to be ADDED TO the Base bid for providing
a chain link fence with gates as shown on the Drawings and as
described in Section 01100 of the Specifications.
BROKEN DOWN AS FOLLOWS: $ 3 ~Z Jc^ C~;~OMaterial
$ 3~~75ro0Labor
ALTERNATE NO. 4: Amount to be DEDUCTED FROM the Base Bid for
using asphalt paving in lieu of concrete paving as shown on the
Drawings and described in Section 01100 of the Specifications.
' d-Z N~ ~'1~iAu5A,-rdC. Y-LI70 GLC(vLleY~ •~-11~~Yi]'.,,./ /!`~ DOLLARS
(amount written in words governs
(S ~~,~ 2 SI~,Oo)
(amount in figures)
BROKEN DOWN AS FOLLOWS: $	~	~~	2 5 d,Q~laterial
$	Z	S~	~ 0 y,dOLabor
ALTERNATE NO. 5: Amount to be DEDUCTED FROM the Base Bid for
deleting all concrete paving and drive entries as shown on the
Drawings and described in Section 01100 of the Specifications.
n n n n ~ ;, .n A ~ /'~~J
Y(r1fJ DOLLARS
(amouht w'~itten
c s f ~$, ODo , Dy >
(amoun~in figures)
BROKEN DOWN AS FOLLOWS:
governsl
$ 7 Ti DD~; UO Material
$ 7 ~e ~O d, DOLabor
(amo nt in figures)
KERR COUNTY LAW ENFORCEMENT PROPOSAL FORM
FACILITY Page A3-3
TIME FOR COMPLETION. If awarded a Contract for this Project,
the undersigned agrees to Substantially Complete the Work within
~`JQ Calendar Days from date of Notice to Proceed and further
agrees, subsequent to issuance of the Substantial Completion
Certificate, to fully complete the Work within thirty (30) days or
such approved extension of time thereafter.
ADDENDA. The undersigned acknowledges receipt of Addendum
Number(s) 1,2.3 issued during the time for bidding and has
included the several changes therein in this Proposal.
HID SECURITY. Bid Security in the sum of 57 GAB DOLLARS
($ 57 GAB ) in the form of Bid Bond
is submitted herewith as a guarantee that the undersigned will, if
this Proposal is accepted and the undersigned be notified of such
acceptance, enter into a Contract and furnish acceptable
Performance and Payment Bonds within ten (10) days after the
prescribed forms of Agreement and bond are presented to the under-
signed for execution and that no bid made hereby will be withdrawn
within thirty (30) days after the date set for opening of bids for
this Work without your consent.
CHANGES IN THE WORK. When changes in the Work are ordered
involving extra cost over and above the Contract Sum, the cost of
such extra work shall be stated as a lump sum to be added to the
Contract Sum before the extra work is begun, in which event the
lump sum shall represent the actual cost of labor and material
plus / S percent overhead, plus /percent profit for work
performed by the General Contractor, and ~_percent profit on
subcontract work performed by a subcontractor.
COMPLIANCE ACKNOWLEDGMENT. The undersigned acknowledges this
Proposal is based on STRICT COMPLIANCE with the Drawings and
Specifications, as to items, materials, methods, etc., or PRIOR
APPROVED EQUALS ISSUED BY ADDENDA BEFORE BID OPENING DATE.
If awarded the Contract fo~9 this Project, the undersigned proposes
to use P.i/~tJD ~rflc(!.GLc,`fs as the
DETENTION EOUZPMENT MANUFACTURER.
GENERAL.
It is understood that if accepted by Owner, this Proposal becomes
a part of the Contract Documents upon the signing of the
Agreement, and failing to comply with any part of this Proposal
will be taken as failure of the Bidder to comply with the Contract
Agreement and will be just cause for rejection of the work.
If awarded the Contract for this Project, the undersigned shall
submit to the Architect a list of subcontractors he proposes to
employ prior to executing the subcontracts. It is also understood
that OWNER reserves the right to reject any or all bids; to accept
KERR COUNTY LAW ENFORCEMENT
FACILITY
or reject any Alternate, to
to accept any bid considered
informality or irregularity
in his own best interest. I
occupy the building as quick
consideration of either Lowe
substantial completion may b
most advantageous bid.
PROPOSAL FORM
Page A3-4
accept any combination of Alternates;
advantageous; and to waive any
in any bid which, in his judgement, is
t is in the Owner's best interest to
ly as possible, therefore,
st price and/or length of days bid for
e a major factor in determining the
The undersigned certifies that the amounts contained in this
Proposal have been carefully checked and are submitted as correct
and final.
The undersigned agrees that he will not withdraw this Proposal for
a period of thirty (30) days from the date hereof: July 21, 1994.
SID TO BE SUBMITTED IN DUPLICATE.
Gl ~~
.`'~~ S aW Gl ss Contractors, Inc.
'NAME OF TRACTING FIRM
B -
'•AUTHOP.IZED SIGNATURE
~ ..
.pRZNTEIJ~f?:(^YPED NAME & TITLE OF ABOVE
•.1~Y`e~i A~''kalev. President
ADDRESS: 45 N.E. Loon 410. Suite 950
San Antonio Texac 78216
CITY STATE ZIP
TELEPHONE: ( 210 ) 349-7729
FAX: ( 210 ) 349-2044
STATE WHETHER CORPORATION
PARTNERSHIP or INDIVIDUAL
Corporation
SEAL, ZF CORPORATION
-000-
THE AMERICAN INSTITUTE OF ARCHITECTS

AIA Document A370
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
Spax Glass Contractors, Inc.
as Principal, hereinafter called the Principal, and Seaboard Surety Company, of New York, New York,
a corporation duly organized under the laws of the State of Ne~v York,
as Surety, hereinafter called the Surety, are held and firmly bound unto
Kerr County Commissionerrs Court
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount
Bid ----------------------------------------------------Dollars ($ 5~ GAB ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
Kerr County Lax Enforcement Facility
NOW, THEREFORE, if [he Obligee shall accept the bid of the Prinapal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in [he bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for [he~pF'dtftpP..
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of [he PrincipaCJd ChTl2r,
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference no[ to exceed, the penalty",
hereof between [he amount specified in said bid and such larger amount for which the Obligee may in good fdi[h c nSriact -
wi[h another party to perform the Work covered by said bid, [hen this obligation shall be null and void, otherwise to r mmn~
in full force and effect. .~` /~~
Signed and sealed this 21st day of July 19 914
,• • •
,v ~
SEABOARD SURETY COMPANY~~
~ /+ (Suret (Sea7J
Itness) gam, _ ~f ~~~ itil ~ ~AttortlCytprfn-Fact
!Title) ,
Karen C. Bassett, Attorney-in-fact ._ 1;-
AIA DOCUMENT A316 • BID BOND •AIA ®• FEBRUARY 1970 ED • THE AMERICAN '
INSTITUTE OF ARCHITECTS, 1735 N.Y AVE., N.W., WASHINGTON, D. C. 20006 " 1'