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I • ' 6R0( Q1ft7 -4 Mechanical Solutions, Inc. 800 Grotto Street North Median:Eo_ ' f-f 1 61- pvviy St. Paul, MN 55104uQ r Ph: (651)646-3837E Fax. (651)646-3812 email:adam @msi-tas.com WBE Owned Submittal Date: June 1st 2009 To: Jorgenson Construction, inc. From: Mechanical Solutions, Inc. 9255 East River Road N.W. 800 Grotto Street North Coon Rapids,MN 55433-5722 St. Paul, MN 55104 Attn:Steve Gansmoe RE: Oak Park Heights New City Hall JORGENSON CONSTRUCTION INC. JUN 1 2009 We are sending you the following: Received X Submittals for(Heat Pumps and Electric Boiler for In-floor Heating) O&M's Drawings I Uri �L IL 1e) U Other \ 1 \9V 4f,70\.// J f ,x, wsrr '. 1. ..x' �._...._...---_. .._ � NOT APPROVED Ov 24-. h,,.t ( )APPROVED ' ..": ( ) ( )REVISE AND RESUBMIT ( APPROVED AS NOTED Subcontractor to field verity all Notes: openings and dimensions prior •Reviewing is only for conformance with the design concept of the project and compliance to fabrication or ordering with the information given in the Contract Documents. The,Contractor is responsible for verifying all dimensions for new and existing items and conditions at the site,for information that pertains solely to the fabrication processes,sequences and procedures of constructlon,and for coordination of she work with all trades.Approval does not relieve the Contractor for any deviation from the requirements of the Contract Documents,nor does 4PrRQVEp approval relieve the Contractor from responsibility for errors In the Shop Drawings. o APPROVED AS NOTED ApprovNloes not constitute,authorizatlon for increase In construction cost or time '15F AND RL'SUI3MIT a !] N II'APPROVED By --0,26)1-1 Date �• RE�'IM II-AVID t)O\1 Y FOR CONFORNtA SCE e 11.I1'il I t1!'DESR,NtONCEPT OF TIIE •F fr .M&E Engineering Inc. QL n � i + i'R07t:�"1'AND Ob(1'1 i+1NCt ti171'll7'RE �� , it� c�SI ,-i .Y�.zl ra fl ' [\FIJRdt.Ar10N IN THE CONTRACT DOCI'NW NTS. Submitted by: Adam M.Silbernick-Project Manager JORUENSON CONS I RUCTION INC. BY l rl DATE°Ii �/ 0, ' 1 . , .% - Minneapolis St.Paul Duluth Detroit Lakes St.Cloud 2700 North 2nd Street 285 Como Avenue 4524 Venture Circle 620 Davis Avenue 5205 Foundry Circle �°t nneapolis,MN 55411 St.Paul,MN 55103 Duluth,MN 55811 Detroit Lakes,MN 56501 St.Cloud MN 56303 (612)588-7811 (651)488-8 831 (218)727 6670 (218)847 9211 (320)259 6086 Brainerd Sioux Falls Fargo Rochester Eau Claire Omaha 902 Thiesse Drive 2905 N 4d Ave 845 North 34—Street 3347 NW 19d'Street 3542 Hogarth St 8843 South 137 Circle Brainerd,MN 56401 Sioux Falls,SD 57104 Fargo,ND 58102 Rochester,MN 55901 Eau Claire,WI 54703 Omaha,NE 68138 (218)828-4242 (605)332-3444 (701)298-32 10 (507)529-1284 (715)830-1800 (402)331-6813 GoodinJune 1, 2009 s �.. s . HVAC Itt ,=..� = Submittals � •.-_--,.n._ .._.�... -iii i:.:�i - -- - rz_ a:a``��'^; z ;;:, _"- _:ice(. _-_- �ei:`-.^'.�___ .-..:~-:-_ T" - - - r = :Y : :, City Hall s = =- _ project: Oak Park Heights y .: �l' � _ MN --_ -7:._. = _r: _;} :Y _ — = Location: Oak Park Heights, _'_:ir. -_ al:._i i=;.-�_li-e!:.�..._:.:,:vC Zi.i,::e?iy:=__`.....:,., _ ..; T..e. .. _ _-_ _ ::::, >. ... Submitted by: Goodin Company __ For: Mechanical Solutions, Inc. Y`:,, ' " 800 Grotto Street N. v Saint Paul, it 55104 Contact: Adam Silbernick Quote#: 300353 P� IBING•HVAC •PIPE•VALVES IT, dSTRIAL AND • WELL SUPPLLIES rt Goodin Company HVAC Submittal GEOFURNACE MFG MW060130001 CS 5T WTR-WTR HT PUMP W/DBL WLL HX MW 180130001 CS 15T WTR-WTR HEAT PUMP h l r MW240130001 CS U ! r 20T WTR-WTR HEAT PUMP VICTAULIC s fc� 114V787 \ /2," 1 '/a"FPT CIRC BALANCE VLV 2V787 2"FPT CIRC BALANCE VLV MILWAUKEE VALVE 114BA475B ■ 1 1/4"BRZ THRD FP BALL VLV 2BA475B 2"BRZ THRD FP BALL VLV KECKLEY 114BYSTI 1 1/4"BRZ Y-STRAINER 2BYSTI 2"BRZ Y-STRAINER ENGINEERED FLEXIBLE PRODUCTS SB26A26A01250240 1 'A"x 24" SS FLEX CONNECTOR SB26A26A02000240 2" x 24" SS FLEX CONNECTOR ELECTRO INDUSTRIES EBC3648 36kW 480V 184k BTU ELECT BOILER Submittal Data MTEX Water Source Heat Pump Contractor: PO,, Engineer: `et '" GG e u • 1 Project:, Date: MTEX 0601120 -Performance Data Heating Full Load ELT EST LGPM Load WPD SOURCE 7.5 GPM SWPD Load WPD SOURCE 15 GPM SWPD PSI FT HD LLT' TH r KW HR COP LST PSI FT HD PSI'FT HD LLT TH KW HR COP LST PSI'FT HD 30 15 1.8 4.2 96 48.1 2.4 40 5.8 24 1.7 4.0 4.9 11.3 ' 70 53 2.9 44 5.5 20 4.8 11.1 40 15 1.8 4.2 96 55.8 2.3 48 7.3 34 1.7 4.0 4.9 11.3 70 62 2.7 53 6.9 30 4.8 11.1 50 15 1.8 4.2 96 64.9 2.1 58 9.2 44 1.7 4.0 4.9 11.3 70 72 2.4 64 8.7 40 4.8 11.1 60 15 1.8 42 96 75.4 1.8 69 ' 12 54 1.7 4.0 4.9 11.3 70 84 2.2 76 11.3 50 4.8 11.1 30 15 , 1.8 4.2 106 46.3 3.1 36 4.4 24 1.7 4.0 4.9 11.3 90 51 3.7 39 4.1 20 4.8 11.1 100 40 15 1.8 4.2 106 53.7 3.0 43 5.2 34 1,7; 4,0 4.9 11.3 90 60 3.5 48 4.9 30 4.8 11.1 50 15 1.8 4.2 106 62.4 2.9 53 6.3 44 1.7 4.0 4.9 11.3 90 69 3.4 58 6.0 40 4.8 11.1 60 15 1.8 42 106 72.3 2.8 63 7.7 54 1.7 4.0 4.9 11.3 90 80 3.3 69 7.2 50 4.8 11.1 30 15 1.8 4.2 116 45.2 4.0 32 3.3 24 1.7 3.9 4.8 11.1 110 50 4.7 34 3.1 20 4.7 10.9 110 40 15 1.8 4.2 116 52.1 3.9 39 3.9 34 1.7 3.9 4.8 11.1 110 58 4.6 42 3.7 30 4.7 10.9 50 15 1.8 4.2 116 60.1 3.9 47 4.6 44 1.7 3.9 4.8 11.1 110 67 4.5 51 4.3 40 4.7 10.9 60 ' 15 1.8 4.2 116 69.3 3.8 57 5.4 54 ' 1.7 3.9 4.8 11.1 110 77 4.4 62 5.1 50 4.7 10.9 30 15 1.7 3.9 126 44.4 5.2 27 2.5 24 1.6 3.7 4.7 10.9 130 49 6.1 , 29 2.4 20 4.6 10.6 120 40 15 ' 1.7 3.9 126 50.6 5.1 33 2.9 34 1.6 3.7 4.7 10.9 ,130 56 6.0 36 ' 2.8 30 4.6 10.6 50 15 1.7 3.9 126 57.8 5.0 41 3.4 44 ' 1.6 3.7 4.7 10.9 130 64 5.9' 44 3.2 40 4.6 10.6 60 15 1.7 3.9 126 66.1 4.9 49 3.9 54 1.6 3.7 4.7 10.9 130 73 5.8 54 3.7 50 4.6 10.6 MTEX 060 H2O-Performance Data Cooling-Full Load ELT EST LGPM Load WPD SOURCE 7.5 GPM SWPD Load WPD SOURCE 15 GPM SWPD PSI FT HD LLT TC KW HR EER LST PSI FT HD PSI FT HD LLT TC KW HR EER LST PSI FT HO 50' 15 2.0 4.6 40 42 2.0 35 '21.4 56 1.9 4.4 5.2 12.0 40 47 2.3 39 202 60 5 11.5 70 15 2.0 4.6 40 38.2 2.7 29 14.3, 76 1.9 4.4 5.2 12.0 40 42 , 3.1 32 13.5 80 ' 5 11.5 50 80 15 2.0 4.6 40 36.2 3.1 26 11.7 86 1.9 4.4 5.2 12.0 40 40 3.6 28 11.1 90 -5 11.5 90 15 2.0 ' 4.6 40 34.3 3.6 22 9.6 96 1.9 4.4 5.2 12.0 40 38 4.2 24 9.1 100 5 ' 11.5 110 15 2.0 4.6 40 '30.3 4.6 14 6.5' 116 1.9 4.4 5.2 12.0 40 34 5.5 15 6.2 120 5 11.5 50 15 2.0 4.6 50 50.3 1.6 45 31.7 56 1.9 4,4 5.2 12.0 50 56 ' 1.9 50 29.9 60 5 11.5 70 15 2.0 4.6 50 46 2.4 38 18.9 76 1.9 4.4 5.2 12.0 50 51 2.9 41 17.8 80 5 11.5 60 90' 15 2.0 4.6 50 43.8 2.9 34 '15.0 96 1.9 4.4 52 12.0 50 49 3.4 37 14.2 100 5 11.5 100 15 2.0 4.6 50 41.6 3.4 30 12.1 106 1.9 4.4 5.2, 12.0 50 46 4.0 32 11.5 110- 5 11.5 110 15 2.0 4.6 50 37 4.6 21_8.1 116 1.9 4.4 5.2 12.0 50 41 5.4 23 7.7 120 5 11.5 50 15 1.9 4.4 60 59.9 1.2 56 50.9 56 1.8 42 5 11.5 ' 60' 67• 1.4 62 48.1 60 '4,9 11.3 70 15 1.9 4 4.4 60 55 2.2 48 25.2 76 1.8' 4.2 5 11.5 60 61 2.6 52 23.8 80 4.9 11.3 70 90, 15 1.9 4.4 60 52.4 2.7 43 19.3 96 1.8 42 5 11.5 60 58 3.2 47 182 100 4.9 11.3 100 15 1.9 ' 4.4 60 49.9 3.3 39 15.2 106 1.8 4.2 5 - 11.5 60 55 3.8 42 14.4 110 4.9 11.3 110 15 , 1.9 4.4 60 ,44.6 4.4 29 10,0, 116, 1.8 4.2 5 11.5 , 60 50 5.2 32 9.5 120 4.9 , 11.3 Notes:All capacities in kBtuh All temperatures in°F Interpolation is permissible,extrapolation is not. All performance data is based upon the lower voltage of dual voltage rated units.. GeoFurnace works continually to improve its products.As a result,the design and specifications of each product at the time of order may be changed without notice.Please contact GeoFurnace at 1-605-854-9205 for latest design and specifications.Purchaser's approval of this data set signifies that the equipment is acceptable under the provisions of the job specification.Statements and other information contained herein are not express warranties and do not form the basis of any bargain between the parties,but are merely GeoFumace's opinion or commendation of its products. Abbreviations and Definitions COP=Coefficient of Performance LPS=Liters per Second • EER=Energy Efficiency Ratio KW=Power in Kilo Watts ELT=Entering Load Temperature LGPM=Load Flow in Gallons Per Minute EST=Entering Source Fluid Temperature LLT=Leaving Load Temperature FLA=Full Load Amps LRA=Locked Rotor Amps FT HD=Feet of Head LST=Leaving Source Temperature GPM=Gallons per Minute LWPD=Load Heat Exchanger Water Pressure Drop HC=Heating Capacity MCC=Maximum Continuous Current HE=Heat of Extraction PD=Pressure Drop HR=Heat of Rejection PSI=Pounds per Square Inch KPa=KiloPascals RLA=Rated Load Amps TC=Total Cooling Capacity , :! ,. i - ( Water-to-Water . c"---2...„,,,,,,,,,,i. . . . 0 n . a . E Dornesfichotfisut :,;):H 17n r antis ni m -1--; --�-^ink flYdi0 C 0191. Loop in �" Loop out . e Horizontal Single Compressor Model Dimensional Data Earth Loop Hydronic Loop Weight A B C D In Out In Out Lbs. MW024 24 26 32 3 1 1 1 1 240 MW036 24 26 32 3 1 1 1 1 250 MW048 24 26 32 3 1 1 1 1 260 ilf5' MW060 24 26 32 3 1 1 1 1 270 MW072 24 26 32 3 1 1 1 1 280 4/24/2009 Submittal Data MTEX Water Source Heat Pump Contractor: j' pp. getEngineer: ' wiQ Project: Date: MTEX 180 H2O-Performance Dat Heating Full Load-Dual Compressor ELT EST LGPM Load WPD / SOURCE 36 GPM ,,J SWPD ' Load WPD SOURCE 45 GPM SWPD PSI FT HD LL_T I-KW--HR-ee1 "LST PSI FT HD PSI FT HD LLT TH KW HR COP LST PSI FT HD 30 45 5.8 13.4 96 171 122 131 4.1 24 5.7 13.2 8.4 19.4 '100 192 14.3 146 3.9 20 8.3 19.2 40 45 5.8 13.4 96 200 12.4 159 4.7 34 5.7 13.2 8.4' 19.4 100 224 14.5 177 4.5 30 8.3 19.2 90 50 45 5.8 13.4 96 232 12.5 192 5.5 44 5.7 132 , 8.4 19.4 100 261 -14.6'213 52 40 8.3 19.2 60 45 5.8 13.4 96 270 12.5 229 6.3 54 5.7 13.2 8.4 19.4 100 302 14.7 255 6.0 50 4 8.3 19.2 70' 45 5.8 13.4 96 311 12.5 270 7.3 64 5.7 13.2 8.4 19.4 110 348 14.7 301 7.0 60 8.3 19.2 30 45 5.7 13.2 106 169 13.5 125 3.7 24 5.6 12.9 8.3 192 110 190 15.8 139 3.5 20 8.2 18.9 40 45 5.7 13.2 106 198 13.7 152 4.2 34 5.6 12.9 8.3 19.2 110 221 16.1 169 4.0 30 8.2 18.9 100 50 45 5.7 13.2 106 228 13.8 183 4.8 44 5.6 12.9 8.3 19.2 110 257 16.3 204 4.6 40 8.2 18.9 60 45 5.7 13.2 106 264 14.0 219 5.5 54 5.6 12.9 8.3 19.2 110 297 16.5 243 5.3 50 8.2' 18.9 70 45 5.7 13.2 106 305 14.1' 259 6.3 64 5.6 12.9 8.3 19.2 110 341 A 16.6 288 6.0 60 8.2 18.9 30 45 5.5 12.7 116 166 14.9 118 3.3 24 5.4 12.5 8.2 18.9 120 188 17.5 131 3.1 20 8.1 18.7 40 45 5.5 , 12.7 116 193 15.1 144 3.7 34 5.4 12.5 8.2 18.9 120 217 17.8 160. 3.6 30 8.1 18.7 110 50 45 4 5.5 12.7 116 224 15.3 174' 4.3 44 5.4 12.5 8.2 18.9 120 252 18.0 193 4.1 40 8.1 18.7 60 45 5.5 12.7 116_258 15,5 208 4.9 54_ 5.4 12.5 8.2 18.9 120 290 18.3 231 4.7 50 8.1 18.7 70 45 5.5 12.7 116 297 15.7 246 5.5 64 5.4 12.5 8.2 18.9 120 334 18.5 274 5.3 60 8.1 18.7 30 45 5.3 12.2 126 164 16.4 110 2.9 24 5.2 12.0 8 18.5' 130 185 19.3 123 2.8 20 7.9 18.2 40 45 5.3 12.2 126 189 16.7 135 3.3 34 5.2 12.0 8 18.5- 130 214 19.6 150 3.2 30 7.9 18.2 120 50 45 5.3 12.2 126 218 16.9 163 3.8 44 5.2 12.0 8 18.5 130 246 19.9 182 3.6 40 7.9 18.2 60 45 5.3 , 12.2 126 252 172 196 4.3 54 5.2' 12.0 8 18.5 130 283 20.3 218 4.1 ' 50 7.9 18.2 70 45 5.3 12.2 126 289 17.5 232 4.8 64 52 T 12.0 8 18.5 130 325 20.6 258 4.6 60 7.9 18.2 30 45 5.1 11.8 ,136 161 18.3 102 2.6 24 5.0 11.5 7.8 18.0 140 183 21.5 113 2.5 20 7.8 18.0 40 45 5.1 11.8 136 185 18.5 125 2.9 34 5.0 11.5 7.8 18.0 140 210 21.8 139 2.8 30 7.8 18.0 130 50 45 5.1 11.8 136 213 18.8 152 3.3 44 5.0' 11.5 7.8 18.0 140 241 22.1 169 3.2 40 7.8 18.0 60 45 5.1 11.8 ,136 245 19.1 183 3.8 54 5.0 11.5 7.8 18.0 140,276 22.5 203 3.6 50 7.8 18.0 70 45 5.1 11.8 136 280 19.5 217 42 64 5.0 11.5 7.8 18.0 140 316 22.9 241 4.0 60 7.8 18.0 Heating Part Load-Dual Compressor Load WPD SOURCE 18 GPM - SW PD Load WPD SOURCE 23 GPM SWPD ELT EST LGPM PSI FT HD LLT TH KW HR COP LST PSI FT HD PSI FT HD LLT TH KW HR COP LST PSI FT HD 30 23 4.9 11.3 96 83.6 5.5' 66 4.4 24 4.8 11.1 -7.6 17.5 100 94 6.5 73 4.2 20 7.5 17.3 40 23 4.9 11.3 96 97.9 5.6 80 5.1 34 4.8 11.1 7.6 17.5 100 110 6.6 89 4.9 30 7.5 17.3 90 50, 23 4.9 11.3 96 114 5.7 ' 96 5.9 44 4.8 11.1 7.6 17.5 100 128 6.7 107 5.6 40 7.5 17.3 60 23 4.9 11.3 96 133 5.7_T 115 6.9 54 4.8 11.1 7.6 17.5 100 149 6.7 127 6.5 50 7.5 17.3 70 23 4.9 11.3 96 154 5.7 135 7.9 64 4.8 11.1 7.6 17.5 110'172' 6.7 150 7.6 60 7.5 17.3 30 23 4.8 11.1 106`82.3 6.1 62 3.9 24 4.7 10.9 7.5 17.3 110' 93 ' 7.2 69 3.8 20 7.4 17.1 40 23 4.8 11.1 '106 96.2 6.2 76 4.5 34 4.7 10.9 7.5 _ 17.3_ 110 108 7.3 85 4.3 .30 7.4 17.1 100 50 23 4.8 11.1 106 112 6.3 92 5.2' 44 4.7 10.9 7.5 17.3 110 126 7.4 102 5.0 40 7.4 17.1 60 23 4.8 11.1 106 130 6.4 110 6.0 54 4.7 10.9 7.5 17.3 110 146 7.5;122 5.7 50 7.4 17.1 70 23 4.8 11.1 106 150' 6.4 129 6.9 64 4.7 10.9 7.5 17.3 110 168 7.5 144 6.5 60 7.4 17.1 30' 23 4.7 10.9 116 80.9 6.8 59 3.5 24 4.6 10.6 7.3 16.9 120 91 ' 7.9 66 3.4 20 7.2 16.6 40 23 4.7 ' 10.9 116 94.2 6.9 72 4.0 34 4.6 10.6 7.3 16.9 120 106 8.1 80 3.9 30 7.2 16.6 110 50 23 4.7 10.9 116 110 7.0 87 , 4.6 44 4.6 10.6 7.3. 16.9 120 123 8.2 97 4.4 40 7.2 16.6 60 23 4.7 10.9 116 127 7.1 '104 5.3_ 54 4.6 10.6 7.3 16.9 120 143 8.3'116 5.0 50 7.2 16.6 70 23 4.7 10.9 116 146 7.2 123 6.0 64 4.6 10.6" 7.3 16.9 120 164 8.4 137 5.7 60 7.2 16.6 30 23 4.5 10.4 126 79.4 7.5 55 3.1 24 4.4 10.2 7.1 16.4 130 90 8.8 61 3.0 20 7 16.2 40 23 4.5 10.4 126 92 7.6 67 3.6 34 4.4 102 7.1 16.4 130 104 8.9 75 3.4 30 7 16.2 120 50 23 4.5 10.4 126 107 7.7 82 4.1 44 4.4 10.2 7.1 16.4 130 120 9.1 91 3.9 ' 40 7 16.2 60 23 4.5 10.4 126 123 7.8 98 4.6 54 4.4 10.2 7.1 16.4 130 139 9.2 '109 4.4 50 7 162 70 23 4.5 10.4 126 142 8.0 '116 52 64 4.4 102 7.1 16.4 v130 159 9.4 129 5.0 60 7 162 30 23 4.2 9.7 136 77.9 8.3 51 2.8 24 4.1 9.5 6.9 15.9 140 88 9.8 57 2.7 20 6.8 15.7 40 23 4.2 9.7 136 89.8 8.4 63 3,1 34 4.1 9.5 '6.9 15.9 ' 140 102 9.9 70 3.0 30 6.8 15.7 130 50 23 4.2 9.7 136 104 8.5 76 3.6. 44 4.1 9.5 6.9 15.9 140 117 10.0' 84 3.4 ' 40 6.8 15.7 60 23 4.2 9.7 136 119 8.7 91 4.0 54 '4.1 9.5 6.9 15.9 140 135 10.2 101 3.9 50 6.8 15.7 70 23 4.2 9.7 136 137 8.9 109 4.5 64 4.1 9.5 6.9 15.9 140 154 10.4 121 4.3 60 6.8 15.7 MTEX 180 H2O -Performance Data Cooling-Full Load Dual Compressor ELT EST LGPM Load WPD SOURCE 36 GPM SWPD Load WPD SOURCE 45 GPM SWPD PSI FT HD LLT TC KW' HR EER.-LST PSI FT HD PSI FT HD LLT IC KW HR EER LST PSI FT HD 50 45 8.6 19.9 40 190 7.3 215 26 56 8.6 19.9 8.7 20.1 40 211 8.5 240 25 60, 8.7 20.1 70 45 8.6 19.9 40 181 9.9 215 18 76 8.6 19.9 '8.7 20.1 40 201 11.6 241 17 80 8.7 20.1 • 90 45 8.6 , 19.9 40 168 12.5 211 13 96 8.6 19.9 8.7 20.1 40 187 14.7 237 13 100 8.7 20.1 100 45 8.6 19.9 40 160 13.9 208 12 106 8.6 19.9 T 8.7 20.1 40 178 16.3 234 11 110. 8.7 20.1 50 45 8.5 19.6 50 228 6.9 251 33 56 8.5 19.6 8.6 19.9 50 253 8.1 281 31 60 8.6 19.9 70 45 8.5 19.6 50 217 9.8 251 22 76 8.5 19.6 8.6 19.9 50 242 11.5 281 21 80 8.6 19.9 60 90 45 8.5 19.6 50 203 12.6 246 16 96 8.5 19.6 8.6 19.9 50 225 14.8 276 15 100 8.6 19.9 100 45 8.5 19.6 50 194:14.0 241 14 106 8.5 19.6 8.6, 19.9 50 , 215 16.5 271 13 110 8.6 19.9 Cooling-Part Load Dual Compressor ELT EST LGPM Load WPD SOURCE 18 GPM T SWPD Load WPD SOURCE 23 GPM SWPD PSI FT HD LLT TC KW HR EER LST PSI'FT HD PSI FT HD LLT TC KW HR EER LST PSI FT HD 50 23 4.7 10.9 40 90 3.3 101 28 56 4.7 10.9 7.6 17.5 40 100 3.8 113 26 60 7.6 17.5 • 70 23 ` 4.7 10.9 40 85.7 4.4 101 19 76 4.7 10.9 7.6 17.5 40 95 5.2 113 18 80 ' 7.6 17.5 90 23 4.7 10.9 40 79.7 5.6 99 14 96 4.7 10.9 7.6 17.5 40 89 6.6 111. 13 100 7.6 17.5 100, 23 , 4.7 10.9 40 76.1 6.2 ' 97 12 106 4.7 10.9 7.6 17.5 40 85 7.3 109 12 110 7.6' 17.5 50 23 4.7 10.9 50 108 3.1 119 35 56 4.7 10.9 7.6 17.5 50 120 3.6 132 33 60 7.6 17.5 70 23 ' 4.7 10.9 50 103 4.4 118 23 76 4.7 10.9 7.6 17.5 50 115 5.2 132 22 80 ' 7.6 17.5 • 90 23 4.7 10.9 50 96 5.7 115 17 96 4.7 10.9 7.6 17.5 50 107 6.7 129 16 100 7.6 17.5 100 23 4.7 10.9 50 91.7 6.3 113 15 106 4.7 10.9 7.6 17.5 50 102 7.4 127 14 110 7.6 17.5 Notes;All capacities in kBtuh All temperatures in°F Interpolation is permissible,extrapolation is not. All performance data is based upon the lower voltage of dual voltage rated units.. GeoFurnace works continually to improve its products.As a result,the design and specifications of each product at the time of order may be changed without notice.Please contact GeoFurnace at 1-605-854-9205 for latest design and specifications.Purchaser's approval of this data set signifies that the equipment is acceptable under the provisions of the job specification.Statements and other information contained herein are not express warranties and do not form the basis of any bargain between the parties,but are merely GeoFumace's opinion or commendation of its products. ( Abbreviations and Definitions COP=Coefficient of Performance LPS=Liters per Second EER=Energy Efficiency Ratio KW=Power in KiloWatts ELT=Entering Load Temperature LGPM=Load Flow in Gallons Per Minute EST=Entering Source Fluid Temperature LLT=Leaving Load Temperature FLA=Full Load Amps LRA=Locked Rotor Amps FT HD=Feet of Head LST=Leaving Source Temperature GPM=Gallons per Minute LWPD=Load Heat Exchanger Water Pressure Drop HC=Heating Capacity MCC=Maximum Continuous Current HE=Heat of Extraction PD=Pressure Drop HR=Heat of Rejection PSI=Pounds per Square Inch KPa=KiloPascals RLA=Rated Load Amps TC=Total Cooling Capacity • Submittal Data MTEX Water Source Heat Pump Contractor: PO. Engineer: ge '" tvt(Zace AV* Project: Date: MTEX 240 H2O-Performance Data Heating-Single Compressor ELT EST LGPM Load WPD SOURCE 48 GPM SW WPD Load PD SOURCE 60 GPM SWPD PSI FT HD LLT HO ' KW HE COP LST PSI FT HD PSI FT HD LLT HC KW HE COP LST PSI'FT HD 30 60 4.5 10.4 100 196 14.8 180 3.9 26 4.5 10.4 6.5 15.0 103 202 14.7 187 4.03 22 6.5 15.0 40 60 4.5 10.4 100 214 15.0 200 4.2 36 4.5 10.4 6.5 15.0 103 237 14.8 228 4.70 32 6.5 15.0 95 50 60 4.5 10.4 100 268 15.2 262, 5.2. 46 4.5 10.4 6.5 15.0 103 278 15.0 274 5.43 42 6.5 15.0 60 60 4.5 10.4 100 306 15.4 306 5.8 56 4.5 10.4 6.5 15.0 103 318 15.2 321 6.13 52 ' 6.5 15.0 700 60 4.5 10.4 100 342 15.5 348 6.5 66 4.5 10.4 6.5 15.0 103 359 15.4 367 6.83 62 6.5 15.0 30 60 4.5 10.4 110 194 16.7 171 3.4 26 4.5 10.4 6.4 14.8 113 197 16.6 175 3.48 22 6.4' 14.8 40 60 4.5 10.4 110 215 16.8 196 3.8_ 36 4.5 10.4 6.4 14.8 113 230 16.7 213 4.03 32 6.4 14.8 105 50 60 4.5 10.4 110 167. 16.9 139 2.9 46 4.5 10.4 6.4 14.8 113 269 16.8 258 4.69 42 6.4 14.8 60 60 4.5 10.4 110 295 17.0 288 5.1 56 4.5 10.4 ~6.4 14.8 113' 307 16.9 303 5.33 52 6.4 14.8 70 60 4.5 10.4 110 324 17.1 321 5.5 66 4.5 10.4 6.4 14.8 113 346 17.0 347 5.97 62 6.4 14.8 30 60 4.5 10.4 115 195 17.7 169 32 26 4.5 10.4 6.3 14.5 118 195 17,6 169 3.24 22 6.3 14.5 40 60 4.5 10.4 115 213 17.8 190 3.5 36 4.5 10.4 6.3 14.5 118, 227 17.7 206 , 3.76 32 6.3 14.5 110 50 60 4.5 10.4 '115 246 17.9 228 4 46 4.5 10.4 6.3 14.5 118 264 17.8, 249 4.35 42 6.3 14.5 60 60 4.5 10.4 115 292'18.0 281 4.8 56 4.5 10.4 6.3 14.5 118 301 17.9 292 4.93 52 6.3 14.5 70' 60 ' 4.5 10.4 115 310 18.2 301 5 66 4.5 10.4 6.3 14.5 118 339 18.0. 335 5.51 62 6.3 14.5 30 60 4.4 10.2 120 194 18.8 165, 3 26 4.4 10.2 6.2 14.3 123 192 18.7 163 3.01 22 6.2 14.3 40, 60 4.4• 10.2 120 213 18.9 186 3.3 36 4.4 10.2 6.2 14.3 123 223 18.7 199 3.49 32 6.2 14.3 115 50 60 4.4 10.2 120' 235 19.0 212 3.6 46 4.4 10.2 6.2 14.3 123 259 18.8 240 4.03 42 6.2 14.3 60 60 ' 4.4 10.2 120 285'19.1 270 4.4 56 4.4 10.2 6.2 14.3 123 295 18.9 281 4.57 52 ' 6.2 14.3 70 60 4.4 10.2 120 295 19.2 281 4.5 66 4.4 10.2 6.2 14.3 123 330 19.0 323 5.09 62 6.2 14.3 30 60 4.4 10.2 125 194 20.0 161 2.8 26 4.4 10.2 6.1 14.1 128 189 19.9 156 2.79 22 6.1 14.1 40 60 4.4 10.2 125 211 20.2 180 3.1 36 4.4 10.2 6.1 14.1 128 219 19.9 190 3.22 ' 32 6.1 14.1 120 50 60 4.4 10.2 125 228 20.3 199 3.3 46 4.4 10.2 6.1 14.1 128 254 20.1 230 3.71 42 6.1 14.1 60 60 4.4 10.2 125 280 20.4 259 4 56 4.4 10.2 6.1 14.1 128 290 20.3 271 4.18 52 6.1 14.1 70 60 4.4 10.0 125 290 20.5 271 4.1 66 4.4' 10.0 6.1 14.1 128 325 20.5 311 4.64 62 6.1 14.1 Cooling-Single Compressor ELT EST LGPM Load WPD-' SOURCE 48 GPM SVVPD -Load WPD SOURCE 60 GPM SWPD PSI FT HD LLT TC KW HR EER LST PSI FT HO PSI FT HO LLT TC KW HR EER LST PSI FT HD 50 60 4.5 10.4 45 331 12.3 373 27" 55' 4.5 10,4 6.1 14.1 48 340'11.8 380 28.81 58 6.1 14.1 70 60 4.5 10.4 45 280 13.0 ,3244 22 75 4.5 10.4 6.1 14.1 48 297 12.6 340 23.57 78 6.1 14.1 ao 90 60 4.5 10.4 45 259 1444'1%16 18 95 4.5 10.4 6.1 14.1 48 273•14.0 321 19.50 98 6.1 14.1 100 60 4.5 10.4 45 . 241 15.7 295 15 105 4.5 10.4 6.1- 14.1 48 257 15.7 311 16.37 108 6.1 14.1 50 60 4.5 10.4 55 374 8.3 402 45 55 4.5 10.4 6.1 14.1 58 409 7.8 436 52.44 58 6.1 14.1 70 60 , 4.5 , 10.4 55 340 11.3_ Q'-,30 75 4.5 10.4 6.1 14.1 58 369 11.0 407 33.55 78 6.1 14.1 90 60 4.5 10.4 55 306 14.0' 355 121 95 4.5 10.4 6.1 14.1 58' 329 14.2 377 23.17 98 6.1 14.1 100 60 4.5 , 10.4 55 ` 289 15.8;341, 18 105 4.5 10.4 6.1 14.1 58 309,15.8, 363 19.56 108 6.1 14.1 Notes:All capacities in kBtuh All temperatures in°F Interpolation is permissible,extrapolation is not. All performance data is based upon the lower voltage of dual voltage rated units.. GeoFurnace works continually to improve its products.As a result,the design and specifications of each product at the time of order may be changed without notice.Please contact GeoFurnace at 1-605-854-9205 for latest design and specifications.Purchaser's approval of this data set signifies that the equipment is acceptable under the provisions of the job specification.Statements and other information contained herein are not express warranties and do not form the basis of any bargain between the parties,but are merely GeoFumace's opinion or commendation of its products. Abbreviations and Definitions COP=Coefficient of Performance LPS=Liters per Second EER=Energy Efficiency Ratio KW=Power in KiloWatts ELT=Entering Load Temperature LGPM=Load Flow in Gallons Per Minute EST=Entering Source Fluid Temperature LLT=Leaving Load Temperature FLA=Full Load Amps LRA=Locked Rotor Amps FT HD=Feet of Head LST=Leaving Source Temperature GPM=Gallons per Minute LWPD=Load Heat Exchanger Water Pressure Drop HC=Heating Capacity MCC=Maximum Continuous Current HE=Heat of Extraction PD=Pressure Drop HR=Heat of Rejection PSI=Pounds per Square Inch KPa=KiloPascals RLA=Rated Load Amps TC=Total Cooling Capacity qewwace Stk. Cjiataid Sowice Neat J wnpo Large Water to Water Units Electrical Data 60 HZ Power Per Compressor Total Min Circuit Max Fuse Modle No. Volts Phase RLA LRA FLA Ampacity Size MW060 208-240 1 30 145 30 43 58 P,MW180 240 3 33 267 66 87 120 *MW240 240 3 75 485 75 99 136 480 3 36 215 36 51 69 MW480 240 3 75 485 150 193 268 480 3 36 215 73 96 132 4 1 7-1-08 Generated by Unregistered Batch DOC TO PDF Converter 2009.1.529.1271,please register! çeowazace ii c, 3ntcy Large Commercial Hydronic Geothermal Heat Pumps C Z2� 4'-n.' 'yt Z M� x 'Ys1C£ k %.53.b y *j G + 4 i� F t, 9 3z , 'A ti 4'y� ?Y'y7�'�4T`� /ry k ki° `9X'�R St1' A J .r is 4 Yf .'4�. F,+F J +i,,,. r a. is - fs'Ll'g ;.y,. 3 , i t i i t + -i i. `£� - r,r /r r -/ Kf . 1=' Sf ,S,L: �� �/�?r . .rir. r i t fix. i F , - _z:ii. �-`_ A F <li ! Est x / f� Fia _ y _ i '.r.r Sz F + i_t_ ?:''r , tY rN-r � 'i d alp E f{ 41 E � t+ iii -=T Tt + ++.,2+�r + i - . D(dia.Water Fittings) 3 ,rte ; —!}+_ __ 3^•• 1 : .i ++ +++ - .. ''• .-..,,,,: ?...5441-:!--,-, ililt . "5 Note: Location of Water Fittings subject to change as design - progresses Model A B C D MW180 56 42 30 2 MW240 156 42 30 2 IMW480 65 170 30 3 Dimensions in Inches. All Cabinet Dimensions subject to change as units are manufactured r GeoFurnace MTex Heat Pumps { Residential and Commercial Warranty Schedule T - Residential Applications Only: All Parts-2 Years and Labor Years 1 and 2, GeoFurnace Manufacturing, Inc. (GFM) will replace defective, parts F.O.B. De Smet, SD, prepaid freight only. Defective parts include only parts that fail due to defective material or workmanship and not improper installation. Refrigeration Components -5 Year and Labor Year 3,4, and 5, GFM will replace defective parts, F.O.B. De Smet, SD, prepaid freight only. Defective parts include only parts that fail due to defective material or workmanship and not improper installation. GFM will cover the cost of the labor to replace the defective part according to, and not exceeding, GFM Labor Allowance Schedule. Refrigeration Components -10 Years On years 6 through 10, GFM will replace defective refrigerant components including compressor, expansion valve, evaporator, condenser and reversing valve F.O.B. De Smet, SD, prepaid freight only, that fail due to defective material or workmanship and not from improper servicing. Stainless Steel Frame Cabinet-Lifetime ( =M will warranty all stainless steel cabinet panels, due to defective material, for the lifetime of the unit. ( 4/24/2009 r : S - Commercial Applications Only: ■ All parts 1 Year and Labor On Year 1, GeoFurnace Manufacturing Inc.will replace defective parts F.O.B. De Smet, SD, prepaid freight only. Defective parts include only parts that fail due to defective material or workmanship and not improper installation. GFM will cover the cost of the labor to replace the defective part according to, and not exceeding GFM Labor Allowance Schedule. Refrigeration Components-3 Years On year 2, GFM will replace defective refrigerant components including compressor,expansion valve, evaporator, condenser and reversing valve, F.O.B. De Smet, SD, prepaid freight only,that fail due to defective material or workmanship and not from improper servicing misapplication, or neglect. • Exceptions to Warranty This Warranty does not apply to: 1.Any portion of the system not supplied by GeoFurnace Manufacturing Inc. 2. Scratches,dents or discoloration,on or in surfaces of products or units. 3.Air filters,fuses, refrigerant and oil. 4. Products or components that have had I.D.nametags or faceplates altered, removed or defaced. 5. Products that have defects or are damaged due to a harsh environment, including corrosive liquid or air supply or operation at abnormal temperatures. 6. Products or units damaged during shipment. 7. Products or units damaged from: improper service, installation,wiring, electrical, inadequate air flows, fire,floods, misapplication, modification,acts of god, rupture or breakage of the water condenser coil or tubing if subject to freezing applications without proper protection. 8. Products or components that are field altered from original factory design. 9. Products that are disconnected or moved from original installation. 10. Any products that have not been paid for, in full,to the authorized GFM dealer or contractor. How to obtain Warranty If you have a problem with your unit or system or if you may have a warranty issue, please promptly notify your dealer within thirty(30) days of the issue. If it is determined that the GeoFurnace Manufacturing Inc. unit or component is the result of the problem, defective parts should be returned to the GeoFurnace factory, prepaid at your expense. All warranty claims and questions are to be directed to GeoFurnace Manufacturing Inc.Warranty 605 4th St.SE, De Smet,SD 57231. GeoFurnace Manufacturing Inc. is not responsible for any-delay in shipment of]components and will make every effort to process claims as quickly as possible. Limitations to Warranty Warranty begins on the date of shipment of unit or return of product warranty registration card to GeoFurnace Manufacturing Inc. All service must be performed by an authorized GFM service person. GeoFurnace will not be liable for consequential or incidental expenses,damages or losses with regards to any product or service. This warranty is given in lieu of all other express warranties, whether written or oral and do not extend beyond the warranty duration set forth above. ( 4/24/2009 IPS=CARBON$TEE,1'_PIPE - GROOVED1VALVE$ ,_ ict,aulic6 TA Hydronics i Circuit Balancing Valves WESMINERiffinEKOM PRODUCT DESCRIPTION The TA Hydronics balancing setting,the water flow for the -4 ;• - t, 4 ` VeN- valves offer a reliable,simple valve size can be read easily 0- - " "N ; ' and cost effective way to from the appropriate pressure 4 - - - �a u measure and balance all flow drop graph or flow balancing A t. rates.Full throttling range is wheel.If the flow does not achieved by 4,8,12 or I6 full conform with that specified, r-� = � ax��tt, . w-�a 4 turns of the handwheel, reset the valve and repeat .� F-�W enabling a precise setting. the measuring procedure until -� ,. t ,t .-< -'° This high degree of accurate the correct flow has been ^1 - r � �i L L - obtained.Insulation kits are " 1 -4'~ adjustment means that the � ' — �-- '� ,,I`'� `� system now can be balanced available for 1/2-6"(15- ' ---- ? a � F precisely. 150 mm)sizes for Series 786, 4' • 787,788 and 789 TA Circuit i�- y The actual pressure drops in Balancing valves. - * < , " t - a _- 1 y heating and cooling systems - .t w`p-- >- �i are difficult to establish by NOTE:All TA Hydronics `7 �t�r ` - `s F r .. Circuit Balancing Valves -, .. ,-ter- E-= z sv. :,''•> ' 1. calculation'.The water flows include a concealed memo are frecuently incorrect.They memory Series 788 and 789 have All valves are rated to+250°F can be corrected easily by Feature with a locking tamper ductile iron bodies and Ametal (+120°C)and-4°F(-20°C), proof setting. or ductile iron trim,depending except for the Series 789 regulating the desired water P g P flaw with TA Hydronics Globe Series 785,786 and 787 have on size.Test points feature which is rated to+230°F Style Balancing Valves.By an Ametal body.Ametal is a self-sealing construction for (110°C).Service will be measuring the pressure drop copper alloy that also insertion-type pressure or governed by the connecting across measuring ports eliminates the added expense temperature probes. coupling gasket ratings for at a particular handwheel of dielectric fittings. grooved and flanged valves. 44 Ott T;a il,Ea:'p? y^•...in3, Sete DIMENSIONS ,F _ Valve Size Straight / _ Act. Aprx. d Nom. Out. Wgt. � Bypass Valves Dia. Dia. A B Each Series 782 & 783 = In. in. End to Center Lbs. - B mm mm End to Top kg / TA Hydronics bypass valves - -x' �, 1.050 3.35 3.66 1.2 f stabilize differential pressure for x` _ g 20 263 85 93 0.5 �( li better flow control.Series 782 eg' 1 1.315 3.86 4.06 1.9 \1\ l t'i and Series 783 bypass valves are r _ Y - 25 33.7 98 103 0.6 installed between the supply Series 782 L A J Series 783 and return pipe in conjunction Series 783 with TA Hydronic circuit bal- These bypass valves convert a Valve Size Angle ancing valves.The Series 782 variable flow distribution system Act Aprx. I ! and 783 valves are adjustable into a constant flow distribution Nom. Out Wgt. and will open at a preset differ- system.Series 782 and 783 Dia. Dia. A Each a . � ential pressure making possible bypass valves are rated for 300 In, In. Center B Lbs. �,. the maintenance of the design psi(2065 kPa)service to a maxi- mm mm to End Height kg l / i7 s— differential pressure in the dis- mum temperature of 250°F 9'4 1.050 2.76 4.80 1.3 _�, `lil tribution system. (120°C). 20 26.7 70 122 0,6 —\iti/ 1 1.315 3.27 5.40 1.5 L--A--.] 25 33,7 83 138 0.7 Series 785 Dimensions l- A . Solder Style(125 psi) Valve Size Inches/millimeters Approx. I The Series 785 valves are Nominal Actual Weight designed for soldered installa- • Diameter Outside Dia. End to End Hgt. Each ` 9 tion in heating and cooling Inimm inJmm A B LbsJkg �_ �t / B systems. th 0.840 2.68 2.83 1.0 �. ,+-41 75 21,3 68 72 0,5 •. �"�. �/4 1.050 3.42 3.07 1.0 \_ o\� 20 26.7 87 78 0,5 t Sj t� VICTAULICe IS AN ISO 9001 CERTIFIED COMPANY Victaulic Company of America Victaulic Company of Canada Victaulic Europe Victaulic America Latina Victaulic Asia Pacific Phone:1-800-PICK-VIC(1-800-742-5842) Phone:905-884-7444 Phone:32-9-381-1500 Phone:610-559-3300 Phone:65-6235-3035 Fax:610-250-8811 Fax:905-884-9774 Fax:32-9-380-4438 Fax:610-559-3608 Fax:65-6235-0535 e-maii:pickvic @victaulic.com e-mail:viccanada@vitiaulic.cam e-mail:viceuro @victaulic.be e-mail:vical@victauiic.com e-mail:vicap @vidaulic.com 0930 Rev.H 11/04 5 Registered Trademark of Victaulic 0 Copyright 2003 Victaulic SKU°WCAS-66MJXV Printed in U.S.A. Dimensions �.-_.. Dimensions Series 786 Valve Size Inches/ram Series 788 Valve Size fncheslmm Solder End(300 psi) Act Aprx. Flanged End(250 psi) Act Aprx. A r A-- Nom. Out. Wgt. +� Dia. D at. Eac I Each t Dia. Dia. Each (MtIn. In. E to E Hgt. Lbs. o In. In. E to E Hgt. Lbs. �'� ) mm mm A B kg mm mm A B kg 21/2 2.875 11,38 8.00 24.0 /2 0.840 3.50 4.00 1.4 l�>t 15 21.3 89 102 0,6 65 73.0 289 203 10,9 �''� 8 ,� 3 3.500 12.25 8.63 31.0 i��`�iw 3/4 1.050 3.81 4.00 1.4 '�� 20 26.7 97 102 0,6 80 88,9 311 219 14.1 Drain Kit "i7.---- ! �� B .(� 1 1.315 4.31 4.50 1.9 4 4.500 13.75 9.44 43.0 (Optionan I ` 25 33.7 110 114 0,9 100 114,3 350 240 19.6 11/4 1.660 4.88 4.31 2.4 5 5.563 15.75 10.88 62.0 Series 786 is a solder-end valve 32 92,4 124 110 1,1 125 147,3 400 276 28.5 for balandng flows in heating/ 11/2 1.900 5.13 4.75 3.1 Series 788 is a flanged end valve 6 6.625 18.88 11.25 82.0 cooling systems.Series 786 40 48,3 130 121 1,4 (Class 150,ASME/ANSI 516.42) 150 168,3 480 286 37.5 includes self-sealing EPDM 2 2.375 6.13 4.75 4.5 for balancing flows in heating 8 8.625 23.63 17.00 168.0 measurement points and an 50 60.3 156 121 2.0 and cooling systems.Series 788 200 219,1 600 432 76,5 EPDM seat.An optional drain kit includes self-sealing EPDM 10 10.750 28.75 17.75 270.0 250 273.0 730 451 122,4 (K 000-786 CBV)is available. measurement points and an EPDM seat. 12 12.750 33.50 19.00 360.0 300 323.9 851 483 163,9 ties 7,...-...,-..,, . Dimensions e $ Valve Size Inches/mm itt.uv4 NPT(rem.)End(300 psi) Dimensions Act Aprx. Series 789 Valve Size Inches/mm r A Nom. Out. Wgt. Grooved End(350 psi) Act Aprx. Dia. Dia. Each In. In. E to E Hgt. Lbs. ` A Nom. Out. Wgt. art--i mm mm A B kg I , Dia. Dia. Each In. In. E to E Hgt Lbs. ,��-, j 15 0.840 3.50 4.00 1.5 �r (0_, mm mm A 8 kg 15 21,3 89 102 0,7 �� a /a 1.050 3.81 4.00 1.6 2'/x 2.875 11.38 8.00 14.0 p„ ` f ` 65 73.0 289 203 6,4 'iiii/ 20 26.7 97 102 0.7 / r E ` : - 3 3.500 12.25 8.63 20.0 iy #���� 1 1.315 110 4.50 2.0 ,/ g 00 88,9 311 219 9.1 - 25 33.7 4.88 114 0.9 4 4.500 13.75 9.44 31.0 v 32 1 2 4 124 4.31 110 1,2 �� 100 114,3 350 240 14,1 32 42,4 124 170 1,2 �•�' Series 787 is an NPT female 1 Yz 1.900 5.13 4.75 3.3 -" 5 5.563 15.75 10.88 50.0 threaded end valve for balancing 40 48,3 130 121 1,5 125 141.3 400 276 22.7 'lows in heating/cooling sys- 2 2.375 m 6.13 4.75 5.0 Series 789 is a grooved end 6 6.625 18.88 11.25 69.0 s.Series 787 includes self----3" 50 60.3 156 121 2.3 valve for balancing flows in 150 169,3 480 286 31.3 ,eating EPDM measurement heating and cooling systems. 8 8.625 23.63 17.00 140.0 points and an EPDM seat. Series 789 includes self-sealing 200 219.1 600 432 63.7 An optional drain kit(K-000-786- EPDM measurement points and 10 10.750 28.75 17.75 202.0 CBV)is available. an EPDM seat 250 273,0 730 451 91.9 12 12.750 33.50 19.00 280.0 300 323,9 851 483 127.4 Series 787-U Dimensions -.:,. ,. Valve Size fncheslmm Series 786-DK (300 psi) Act. Aprx. A Nom. Out. Wgt. Drain Kit r �. r I Dia. Dia. Each A separate drain kit with a 3/4" . �,///��� In. In. E to E Hgt. v.,{'e„,,,, `�) 9• Lbs. (20 mm)connection is available(`i iii mm mm A B kg for Series 786 and Series 787 k �i� -(. /a 0.840 4.81 4.00 1.7 s_� ,k 15 21.3 122 102 0,8 valves.This kit mu_t be field �t �« mounted. �•f,t1� g =/4 1.050 5.13 4.00 1.8 . �/ �� 20 26,7 130 102 0,8 4 #` 1 1.315 152 114 1 2.2 25 33,7 152 114 7,0 Series 787-U connects directly to coil outlets and provides a break for system maintenance. An optional drain kit(K-000-786- CBV)is available. 8.16 COMPARISON OF THROTTLING CHARACTERISTICS This curve illustrates the A 360°fully open to closed Percent of Flow Measurement Range ( ivantage of the four(4)turn valve would require 96° adjustment available with TA change in adjustment to equal 100 balancing valves(1/2-2"/15- the same 30%change in the 90 va Turn 6'Turn 50 mm),Valves 2W (65 mm) flow measurement. 80 and larger have 8,12 or 16 TA balancing valves would 70 TA Hydrontcs turns. require a 408°change in 8A ULTITUR81 VALVE A 90°fully open to closed valve adjustment to equal the same 80 I requires just a 12°change in 30%change in the flow. no 1 adjustment to equal 30% 40 I change of the flow. s° 1 - 1 20 11 I I I 1 1 - 10 - 1 I 180 0 1160 3801 720 I -y 1080 1400 �1 96 12 •F11 111 14--409--)I Degrees of Valve Stem Flotation MATERIAL SPECIFICATIONS BODY: TRIM: SEAT SEAL: HANDWHEEL: Series 782,783,785, (Bonnet,Stem and Restriction Series 785:Ametal Series 785,786,787,787-U: 786.787,787-U: Cone) —®Series 786,787,788,789: 2%a-6"are fitted with a red �,./",/` metal,nonferrous Series 785,786,78 EPDM handwheel made of pressure die cast, Ametal Ployamide plastic,8-12' nonporous copper alloy STEM SEALS: are fitted with a red Series 788,789: EPDM aluminum handwheel Series 788,789: Bonnet-21/2"-6'-Ametal Ductile iron,ASTM A536 Bonnet-8"-12"-Ductile PROBE SEALS: Series 788,789: Crade 80-55-06(BS Crade iron EPDM Red aluminum 500/7) Stern:Ametal Restriction Cone:Ametal OPTIONAL SEAT, OPTIONAL ( ,ODY COATING: STEM AND PROBE EQUIPMENT: Series 788,789: SEAT: SEALS: Series 786,787,787-U: 21/2,3,4'-Epoxy resin; Series 785,786,787. Fluoroelastomer(available Drain kit-Ametal 5-12"-painted Ametal on 11/2"and 2"Series 787; 21/z"-10"Series 789 Series 786,787,787-U,788, Series 788,789:Ductile (except 5") 789: iron Insulation Kit:Polyurethane TYPICAL SPECIFICATIONS All valves shall be of one (1)Precise flow measurement, on the job plans,TA Hydronics (8),twelve(12)or sixteen(16) manufacturer. (2)Precision flow balancing, Balancing valves with 360°adjustment turns of the ---0-Series 786/787/787-U (3)Positive shut-off with no provision for connecting a handwheel for precise setting (1/2-2"NPT,union and drip seat,eliminating the need portable Differential(Ft.of with hidden memory feature to solder with digital of an additional isolation valve, Head)Pressure meter.Each program the valve with handwheel) (4)Drain connection using/4. meter connection shall have precision tamper-proof NPT hose end thread. pressure/temperature probes. balancing setting.Handwheel Furnish and install,as shown These valves shall have four(4) The Balancing valves shall be - Series 786/787/787-U Style shall have digital readout. on the job plans,TA Hydronics s 360°adjustment turns of the Y-Pattern Globe Style design Insulation: Balancing valves with portable handwheel for precise setting and with ductile iron body all For insulation against heat loss Differential(Ft.of Head) with hidden memory feature to other wetted parts of or condensation.Preformed Pressure Meter.Each meter program the valve with nonferrous,pressure die cast rigid polyurethane insulation connection shall have precision tamper-proof Ametal.Each valve shall is available for'h"to 2"Series pressure/temperature probes, balancing setting.Handwheel provide three(3)functions: 786/787 valves and for 21/2"to shall have digital readout. (1)Precision flow 6'Series 788/789 valves. The Balancing valves shall be Series 788/789 measurement,(2)Precision Y-Pattern Globe Style design 1 flow balancing,(3)Shut-off and all metal parts of (2/2-12"Flanged and feature,eliminating the need nonferrous,pressure die cast, Grooved with digital an additional isolation valve. nonporous Ametal.Each valve handwheel) shall provide four(4)functions: Furnish and install,as shown These valves shall have eight 3.16 Diagram This graph shows the Example: NOTE:If the flow rate falls out- Series 785, Series 786 pressure drop across the Wanted:Pre-setting for a 1° side of the scale in the diagram, ' & Series 787 pressure test points of the valve at a desired flow rate of 6.7 the reading can be made as foI- { valve. GPM and a pressure drop of 3 ft. Lows:Starting with the example A straight line connecting the Solution:Draw straight line at left,we get 3 ft.,C.=5.9 and bars for flow rate,C,;and pres- joining 6.7 GPM and 3 ft This the flow rate 6.7 GPM.At 3 ft sure drop shows the relationship Dives C,=5.9.Now draw a hori and Ct._.59 we get the flow rate between these variables.The zonta]line from CI=5.9.This 67 GPM.That is,for a given position for each valve size is intersects the bar fora 1°valve pressure drop,it is possible to arrived at by drawing a horizon- at the desired pre-setting of 2.35 read 10 times or 0.1 times the tal line from the C„value turns. flow and Cv values. obtained. 100 -1 2.5 40 100 =3.5 - 70 2= 70 3 70 50 Setting,number of turns 0.5- 50 40 -- s 40- - -20 -_I;ailgg DI iiiiiiiilliii iii iii:iiiiie ii_iiiaiii¢iiieiiieiii Fifoi iiiiEiiii 4 30 il1S11 IiH>YIii i11iiiClmltlitD1i1-i iDD G s ii C - i i 1_ 25-" aii iiiiiiiiii iiiiiiiiiiiiiei i'i' °°' 3 - i D i si Y! inimiiSiiniiininniiiimiiitini..iiiiiiimiiiiiYiiiiiiniiiiiiiiilli D g 1--3 20-"iiWiilii! it iiii i..._ii.iiiii_iii_i i6 BirnIa11136I ;i81iiuRic!Ygiliail.1 2 - -- -nn D IYIII.IIIu111a HIYYu111n Y1m1111nD1IID1YlD fmIg1Iuh1IHDDY1IaEDIIYP .5 - inaglusl enl nu!niHnninnammE1lt129VMomH.-nnm11e - -- 15 11illill 1111111111111 11111�lltil111111111191i 111111til�Pli9h1111111 .' 111®1{° -4 1111 111 11181119111A,1111,11111119111)IIIIB1119111®IIIp11111Il 111111®.' 1114111E 2 - -10 muse! 11m91uI191eni1911111111111111111191111i11®1IIB°I®Iiltfm 111m - 1∎131411111 11 1111111111119111911n1111111u1am1111111 1P911 NU - - 11111111s11111I1111I111111111I911111111919 1►116gg11''i m 1t spy - 5 10 QiteMtsai@IIZeeHee:a.MLI Mils _eee5liatt... �a!a_.- -tti-c 0.5- -piioiiiiias;ilza,^5 c_ ; ;ea is i li r i=»a, _a:i _ -0.1!!!!iii iii!!!!Eiisiiimiii>ou"EMEIiisciiaiEE hide,12it 11iii ME 1 5 2- ,� 7- "66131116411 91113111 0t1:211151',`i3'iiiSiGf EIVAIMILIM 215111 - 0.4_ - i - _ _ _ - - -stigitMi+mitILI E.i.:Eiiisioisiifil'iiia,_" ivai EIDE1 eee;Hie - 5-uiiaiva'iusue'eeiaseei'eiimnmiirz�a°ii=u�%uueueauisegPaivaeec 1 - -15 -.1..4iKtiii;;i(Ciiii;;45:1;iri;;;['3 IY.iiiiiz4i-ZC-p -:::�@],..fta- - __3- / 0.3� 4-iii6,.°' = = _ . ' s i. -c . iiiiluiiiieasiii iiiiii211&:1iitilaiiia ifi;iliiiiil 10 3_Rgpiciisage.ii4r4Ere:anv iir_. iu-ii c: °.poi;.05 em 4 2.5_3 i 'iiiiiiiiH�s4M4HisSleiii"iseslii i16i71ifHil:iiilie 02-- ° ° ° ° °-p su p.iYii.e lDiri_mDi=invetnewiemq!smp.N.,.ant Yin D ti 2_n isje oilI hii91i19ie tgealii YIYW3nit inuxad;LLIFll0 5 - -n [ilMillHU1 :Ds1mH111 IIDH11I ®uthuli H11uD111DY1 r °IHIIIYIIIDIlD101000W II HIPeI11D11BHII L'DIHIono, 1.5-81191`11I lliniiiiiBlilHlliiiId➢YEitialiilli it miinsl - -1111911191119111di1111NIM:!I91111 I11111i1i1111 iv I1911!H111111011191 - -I naii19II11III9 111 9 111 9 11I11119119I1rIPYI11t1i119'119111II1II911191Ii. ---2 -it1.0 111/11111 1 69L!1 1111111111ri®1 11 111111 o ®II@ ®III®Illl111 11 - 1 _ _ -_- _ a I_ ; _ _ - y 0.1 3} +'a1.111?F!!@::111!t illimiTIMPS:elilaai},£�MIan - 07-ititilnal4tit.T1 EREI5PWoms40591°"T:e ai111ii2g! 10-,301 -ICS4111.fl2112iY1 Llii`YlilllS li7811 f vitigXi� m " . - 0.5-11i4, -s im H at«abet DutquHim 40 usN€a+"saiaiasiiaec�'sisci a5ssivasu;,iiaii -1 0.4-r ia'Hiai®ii lfailli uiimHiiii ii ii i"i lli - 0.05- =ii aNi°iiimiiiiiitiit®iliaiii 'AMii9iii" ii' -"ii2laaiiroimirrimiti°iDi_ l.o.i....•ie 50 - 0.3_ indieIIIiieiHIL ianaliil - 0.25=IiYet®!iiitiiiil7QHiiiiiiiiiiiiiid 5iiii 20- **) AiainDIDSZINI GMHLiimlili IHRIT �IIiiiiiiOYti1 iiiiiipiiiiii11D11I -� 0.2-:1 m11m11am111 -111iY111.11IY11111119111BI1ID111Y11111111D -05 0.15- 0.5 - - *25 db(A) 30_ - 0.1 **35 db(A) --100 0.1- Size Size 1/s GPM Cv Kv 1/2" 3/4" 1/2" 3/4" 1" 11(4" 11/2 2" ft. kPa Series 785 Series 786(787 ( 08.16 , .. . "BA-4758"" 1/4 '-- 3 " ( BRASS BALL VALVE (� MSS-SP110 e c Q7 us TWO-PIECE, FULL-PORT ASME A112.4.14 ANSIZ 21.50-2001,CGA 9.10-2001 UL 125 APPROVED 600 WOG/ 150 SWP FED. SPEC. ASME 816.44-2002,CR91-002.1992 UL 842 1140 THREADED ENDS* WW-V-35C,II, BZ,3, C 1/4"throuah 2"Only MATERIALS LIST *Also Available BA-475B-LL ImovoQSsr4r,„ • ITEM PART MATERIALS ASIM SPEC. (Locks Only In Closed Position) 1 Body Brass, Forged : B283 2 'Tailpiece Brass, Forged B283 P 3 Ball B584 w/Clrrsne 6584 Plating NSF 61 4 'Ball Seal PTFE Commercial 5 i Stem Brass B16 6 0-Ring Buna-N 02006 8 11 r• E 7 ,ThrustWasher PTFE :Commercial 8 Gland Nut Brass 816 _ 5 9 Packing PTFE Commercial 1 V � 9 10 Handle TJncPlatedSteet Commercial 7� o= 6 10 11 Handle Nut ancPlaiedsteel Commercial it-y ,iii 7 p 4 „ ':� 2 -AP 6.PRESSURE-TEMPERATURE CHART ������ ���+�,+! WORKING TEMPERATURE-C" ROM 10 38 66 93 121 149 177 204 700 4830 71 MINN N 0 _ -600- I I I I 4140 a 3 I A o. W 500 3450 W I . K n CC ____I-C - 2,400 2760 - W W 0-300 Solder Joint Saturated-2070 a. O LimitTemperature Steam try 200 1380 Z cc le O 100 690 0 50 100 150 200 250 300 350 400 450 WORKING TEMPERATURE-F" - , Seat Material Rating Joint Limits from ASME 816.18 for 95/5 Solder DIMENSIONS . i _ . ir Valve Size UNITS 114" 3/8" 1/2" 3/4" 1" 1-1/4" 1-1/2" 2" 2-1/2' 3' A INCHES .39 .39 .51 .76 1.00 1.26 1.50 2.00 2.48 2.95 mm 9.9 9.9 12.7 19.3 25.0 32.0 38.1 51.0 63 74.9 8 INCHES 1.87 1.87 2.25 2.62 3.06 3.5 3.75 4.38 5.16 6 mm 47 47 57 67 78 89 95 111 131.1 152.4 C INCHES 0.95 0.95 1.12 1.31 1.91 2.21 1.87 2.19 2.58 3 - mm 24 24 61 33 49 56 47 56 65.5 76.2 D INCHES 1.42 1.42 1.46 1.93 2.10 2.33 2.52 2.96 3.94 4.37 mm 36 36 37 49 53 59 64 75 100.1 111 E INCHES 3.14 3.14 3.14 4.35 4.35 5.00 5.00 6.90 7.87 7.87 mm BO 80 80 110 110 127 127 175 199.9 199.9 F THREAD 1/4"NPT 3/8'NPT 1/2"NPT 3/4"NPT 1"NPT 1.14"NPT 1-1/2"NPT 2'NPT 2.1/2"NPT 3"NPT SIZE Cv 12 12 18 40 72 112 161 287 448 645 TORQUE in-lb 16 16 19 58 69 89 124 210 445 563 N.m 1.8 1.8 2.1 6.5 7.8 10 14 24 WEIGHT ibs 0.33 0.34 0.47 0.89 1.24 1.68 2.34 4.94 7.4 10.47 Kg .149 I .155 .213 .403 .565 .755 1.064 2.245 3.35 4.75 Rev.19 The information presented on this sheet is correct at the time of publication.Milwaukee Valve reserves the right to change (( :sign,and/or material specifications without notice.For the most current information access www.milwaukeevalve.com BV-20/� MILWAUKEE VALVE BV-20 • _ K LE 01/06_r. ____,PRESSURE DROP CHART Threaded "Y" Pattern Strainers (Styles B,BDI,E-150,E-300,F-I50,F-300,SB,SB-7,SSB and SSB-7) This pressure drop chart 1900 is based on the flow of 800 4" clean water through the 700 -All Keckley"Y"strainers 600 _-.ui.,,,_-IIPS i111111. 3.• listed above with screen 500 ■.,,,"_ ii ' 2'/s" MP perforations ranging from 400 3/64"through 1/8"and is 300 U111111 P. 110111 2''®--- additionally for use with � �� ��� l� those units equipped with 1 111 ,".. r/� , .. a 20 mesh screen as 200 ►� r - 1/2 standard. '"! IPd P! I 1'/4'®--- TO USE CHARTS. desired rate of 1111601001indiLdilltiiii;r ,. Find your d 1 flow(GPM)on the left 90 1 ._+��1''I- �� 'a_____ � ��111111 1 hand side of the chart. 80 ��•�•M�,� • ■►/I 70 ____l liMMPO iMPIAMl >•■� Follow its corresponding 60 114111PENIIPI211111111111samommil. g/,.. horizontal line to the point 50 ������ � � aRUPr� where it intersects the °;"" do >1ll1121110l1 ■� d"' r zonal line indicating tit 5�.,;s trainer pipe size. ex 30 I ,/2n From this point of ce intersection,follow the . I 1 111111111 vertical line down to the 20 .II bottom of the chart to u. determine the II ..411111 approximate pressure ii drop. i9l�igilltillinill�r�ii������11■ 6 pp,"r CORRECTION 7 FACTORS: 6 For finer mesh screens 5 that are backed with a 4 perforated sheet,multiply the pressure drops shown 3 - at right by the following: 40 mesh x 1.2 2 60 mesh x 1.4 80 mesh . x 1.6 100 mesh x 1.7 1 O N M V 0 O f--CO or-- O O O d d d d 0 N ) J O N. CO W CO PRESSURE LOSS -[PSI] O.C.KECKLEY COMPANY • 3400 Cleveland Street • Skokie, Illinois 60076 1-800-KECKLEY 01/06 -.1 :::e.:El4k KECIKLEY ,_____/____.,_. _______,. . __..._ _._.__=,___________. _ __________ _ _____, _, _____„____„_,_„___ _____,__________„„,=,- 1-- -,_.,=_,.__-• -=.._-_,- __---_ - _-- _ Style F-150 Cast Bronze Y-Strainer Y-Strainer Cast Bronze(C84400) APPLICATIONS 125 lb. Threaded Steam,water,oil or gas where protection from foreign matter in a pipeline is required. _ CONSTRUCTION - - stf,"5 P-33 The Keckley Style F-150 & E-150 strainers are constructed from the - A. '-:- finest bronze castings and are machined to exacting specifications. _, Solder Joint Ends are in compliance with ASME B16.18 unless otherwise specified. a:. == p FEATURES 5- The Keckley Style F-150&E-150 strainers feature a machined seat in the _ hr: body and cap for proper alignment and to ensure accurate reseating when servicing is required. These strainers have a straight threaded cap and are furnished standard with a NPT blow-off connection. The gasket is a flat fiber gasket that is compressed between the body and cap for maximum strength and durability. Keckley Style F-150 & E-150 strainers are furnished with a bronze blow-off plug unless otherwise specified. SCREENS c Lyle E-150 Standard screens are 20 mesh 304 stainless steel through size 2". Sizes 2- Y-Strainer 1/2" and 3" are furnished with 3/64" perforated 304 stainless steel screens.All screens are spot welded for maximum strength. Different size Cast Bronze (C84400) meshes and perforations are available in stainless steel, monel, and brass 125 lb. Solder Joint to meet specific media requirements. x e SELF CLEANING Self cleaning is accomplished by opening the valve or drain plug connected to the blow-off port.Warning:See Maintenance Instructions --- --- on page S6 of the Strainer Information Section for additional precautions and detailed information on servicing the strainer. -_.0 WORKING PRESSURES NON SHOCK =CdO IERAT41 4ZISDI - 11__...T 8 a� jcflO mm _ .= . _._ .__ - —ter-- - _ _ 125#(THREADED& STEAM 125 PSI @ 400°F 862 KPa @ 204°C SOLDER JOINT) W.0.G. 200 PSI @ 150°F 1379 KPa @ 66°C O.G.KECKLEY COMPANY • 3400 Cleveland Street • Skokie, Illinois 60076 1-800-KECKLEY • _ 01/06 s II(EcI(LEYr TECHNICAL DATA = = DIMENSIONS AND W EI GHTS = _ \ EF45O Style F-150 & E-150 (Threaded) pM'6�-�°�a���°�=-'° Y-Strainer, 125 lb. Threaded &Solder Joint ll11111_-/ 1111111 Cast Bronze(C84400) B ',, PARTS LIST ITEM DESCRIPTION MATERIAL o N1,0"r r 1 BODY BRONZE (C84400) 2 CAP BRONZE (C84400) © \ 3 SCREEN STAINLESS STEEL(304) 5 4 GASKET COMPOSITION 5 PLUG BRONZE (C84400) f* A �� STYLE E-150 (Solder Joint) ■I �I■ STANDARD SCREENS SUPPLIED SIZE SCREEN PERFORATION SCREEN FOR STEAM OPEN FOR LIQUID OPEN ;� in mm GAGE in 1 mm AREA in I mm AREA t3 0 \� `��,, E 2-112&3 to 50 80 28 ' 20 MESH STAINLESS. 33% 3/64 I 1.2 33% © %t © Options:Other meshes,perforations,and screen materials are available. 0 © • ( I DIMENSIONS WEIGHTS SIZE A B E F-150 E-150 F-150 _ E-150 F-150 E-150 F-150 E-150 in mm in mm in mm in -' mm in mm in mm in ` mm lbs ' kgs lbs kgs 1/4 8 2-7/16 62 3-3/8 86 1-5/8 41 2-1/4 57 1/4 8 3/8 10 0.50 0.2 .75 0.3 3/8 10 2-9/16 65 3-3/8 86 1-5/8 41 2-1/4 57 1/4 8 3/8 10 0.50 0.2 .75 0.3 1/2 15 3-3/16 ' 81 3-3/8 86 2-1/4 57 2-1/4 57 3/8 10 3/8 10 0.80 0.4 , .75 • 0.3 3/4 20 3-15/16 100 4-114 108 2-5/8 67 2-5/8 67 3/8 _ 10 3/8 10 1.20 0.5 1.00 0.5 1 25 4-1/2 114 5 127 3 76 3-3/16 81 1/2 15 1/2 15 1.80 0.8 2.25 1.0 --- _®1-1/4 32 5-5/16 135 5-7/8 149 3-9/16 90 3-3/4 95 1/2 15 1/2 15 2.70 1.2 2.75 1.2 1-1/2 40 6-3/16 157 6-7/8 175 4 102 4-118 105 1/2 15 1/2 15 3.60 1.6 3.25 1.5 _-*.2 50 7-7116 189 8-5/8 219 4-5/8 117 5-1/8 130 1/2 15 1/2 15 5.60 2.5 5.75 2.6 2-1/2 65 9 229 10-3/8 _ 264 5-1/2 140 5-3/4 146 _ 1/2 15 1/2 15 10.00 4.5 8.5 3.9 3 80 10 254 11-3/4 298 6-1/8 156 6-1/2 165 1/2 15 1/2 15 13.50 6.1 12.5 5.7 Certified dimensional drawings are available upon request tThis table reflects only the nearest metric equivalents. PRESSURE vs.TEMPERATURE CHART 1254 Threaded&Solder Joint Cast Bronze(C84400) Temperature Cc] - FLOW COEFFICIENTS 38 93 149 204 260 Size C„ Size C„ Size C,, 400 I I I I 2759 125#Class 1/2' 9.5 1-1/4' 44.9 2-1/2' 129.7 NaArytrnPressre - 3/4' 18.7 1-112' 61 3' 161.3 , 300 ardr�e e4+etimits- 2D69 v 1' 30 2' 98 - 200 PSattwF - w c TOTAL SCREEN AREA a 200 _...___ _-_ __ 1379 5 _gin_. ._ _ r:i ®�® Size (in2) Size (in2) Size (n� w t ® � e ®m----•Pisami ; 1)2' 3.09 1-1/4' 14.26 2-1/2' 48.98 a Il l s tom ■ RZ t BOMt i MM 690 314' 7.36 1-1/2' 19.94 3' 62.87 1ofl 1 ERE®® ,-,,2E0MM MEMEXIMM 1' 9.54 2 33.39 ®a �- 'See DETERMINING RATIOS on page S5 of the Strainer 0 l ® ® W ffia® C; 0 0 Information Section for calculating NET FREE AREA of the 0 100 200 300 400 500 screen to inside pipe area. Temperature PF] 'In Accordance w4thASMEB16.15 O.C.KECKLEY COMPANY • 3400 Cleveland Street • Skokie, Illinois 60076 1-800-KECKLEY r7 II-- t,_ In d o z 00 OOtn � � NOI� ON Z O Et Z Q ro ,- Qnn �� Lf• Ln c- rNr7d' 0) Z O• < J Ix 1- F- O o o O - - - - - - I W }. Q _J w Q Q ci O� d- V) d- Q J <( JQ FW-- co Qa wvUr° zv dl- w \\�\��\\�\ �° Q °_ a 0• Q V) ���� O -/ r l'7 r� r r r r r r W 0O F- J = H _ _ . a_ — N U) Q W W in U) W V) V)>MI 2 J EtNNWON Z 0 (0 � r-c) 00000NNd O 1- < F- ¢ 00 0 0 m �j�jtf7 �t` ��j\\\ WJ .- �j 0 � mmNUm I I I NN � r7d lf) cfl � W LI Z i O E - YO W V) I I— OCOc0 — N � (DN o0 � Y (Jj W ,� �c R' 2' r r- r c-- \ U) _J I-• W <C W Q W t J Q \\\ \\� t0 (n CC w I- tl Ch rn r CO I O W � � OQUQJ I ( I "1- I I O Q (n a 0 < 0 <-I NN tr) tf) c0 0 Z , W — _ - z o o ., 2 • d- N N Q w N +,0 d- u) W d- c0Nd- \\ \ _3 U) W 1-- N \\\\r r r N r r7 > z o ry (n r re) t- rr) I I N J W = U ,_ d F- A O \ , ii o d t.0 • . / ' Y �/ ���.� o Q � w � �• � re ~\ I') 1 0 Q J /� Z © �/ N ( Wta- � CC 4 N. ; / . 1- Lii u) v) 41- rY Z 2 \ Q 0 0 0 CO vi 0 N 2 / t / © zz-- N r7 I / / `— w o 1 r '�a cv A 0 ni<e if i ee°A p<i ei Hf i pi ieE e giP♦ii p♦w:g♦e f fi p.pefeeieff if 4fa JOGi 6ee0eGJp pGI :::::::::::::::::::::::::::::***********:$� I fep�*<esJ *'@ 0D4 *P*e OO@O*O' ■**p*s*eear<t..a*JeOQ<<'**p00 is0�i: ) -wNC_,�,7ie gi- eb v_ ► . _s c:. ti( ' TG# _ tapir, - 49- � � -- e Y: __e_ CONSTRUCTION MATERIALS: Hose & Braid: Type 321 Stainless Steel Fittings: Carbon Steel Sch 40 Male Pipe Thread Working Psi Quantity Size (inches) Model Number Overall Length @ 70 deg. F 1 1/4" SB26A26A01250240 24" 531 ■ % --- ay- 6 sueT r+C -E! • i 'T _c c _y� - _ 41 9w7-, 57e,_� , g4� i pw�� �°ilfis ! �y� - _ � _{ f O% l illfffffel e� :4°ii0tf °ffiff ! f f! f°i$I 1if ♦<ffffft y6iSf <:!f lf�/f �**ii4i i4% ZS*V l iffV:+:�+: t:+: + *sL?AO: O� i OiS� i—O°Olffms V4O.l6-+A-∎itIiAfeGilS••-+ . CONSTRUCTION MATERIALS: Hose & Braid: Type 321 Stainless Steel Fittings: Carbon Steel Sch 40 Male Pipe Thread Working Psi Quantity Size (inches) Model Number Overall Length © 70 deg. F i 2" SB26A26A02000240 24" 516 I' - I I - I 1 _ TRUE COMFORT 1 . A This manual covers the following models: • T925 INESGY-STAS • Description Battery Power Gas or Oil Heat No Hardwire (Common Wire) Electric Furnace No Hardwire(Common Wire)with Battery Backup Heat Pump(No Aux.or Emergency Heat) Yes Heat Pump(with Aux.or Emergency Heat) Yes Multi-stage Systems No Heat Only Systems No Cool Only Systems No Millivolt No u.S. Registered Trademark. Patents pending. Copyright©2006 Prot IAQ, Inc. All rights reserved. Rev. 0850 • pecifications • The display range of temperature 41°F to 95°F(5°C to 35°C) The control range of temperature 44°F to 90°F(7°C to 32°C) Load rating 1 amp per terminal, 1.5 amp maximum all terminals combined Display accuracy i- 1°F Swing (cycle rate or differential) . Heating is adjustable from 0.4°F to 2.0°F Cooling is adjustable from 0.4°F to 2.0°F Power source 18 to 30 VAC, NEC Class II, 50/60 Hz for hardwire(common wire) Battery power from 2 AA Alkaline Energizer batteries Operating ambient 32°to +105°(0°to+41°C) Operating humidity• 90% non-condensing maximum Dimensions of thermostat 4.7"W x 4.4"H x 1.1"D Contact Us Prot IAQ Inc. 1111 S.Glenstone Suite 2-100 Springfield,MO 65804 Toll-free: 1-888-Prof iaq (776-1427) Toll Number(Outside the USA): 330-821-3600 • Web:http://www.proliaq.com Hours of Operation:Monday- Friday 9 AM-6 PM Eastern K Submittal Data Sheet - TS Large Electro-BoilerTM PROJECT INFORMATION • Job Name: Part No. Ordered: Location: PO Number: Engineer: Date Submitted: Contractor: Mfg.Rep: STANDARD EQUIPMENT • Supply water sensing • Optional standby boiler control kit is simply a plug-in connection • Regulates to front panel selected temperature • Standby override switch • Staging indicator lights • Isolated contact,brown wires for standby boiler • Heavy duty contactors • Thermostat or end switch connection(Rand W) • Heavy duty sheet metal enclosure • Pump contact,10A • Hi-limits: 1b'-automatic reset at 190°F • Utility load control provisions 2nd-manual reset at 205°F • Safety relief valve,30 PSI • Parts-2 years • Targets a higher supply water temperature based on a lower outdoor • Elements and vessel-15 years temperature,or will adjust to maintain a cooler supply temperature as the • Supply temperature/pressure gauge temperature outside rises • ASME/CSA listings WATER FLOW REQUIREMENTS • Made in the USA Water Temperature Rise Model Flow-20°F/6°C H/L Flow-30°F/11°C • HA Flow-40°F/16°C H/L gpm 1pm ft m gpm 1pm ft m gpm Ipm ft m • EB-C-18-48 6.24 23.58 .002 .0006 4.16 15.72 .001 .0003 3.12 11.79 .0008 .0002 11P- ES-C-36-48 12.48 47.17 .01 .003 8.32 31.44 .004 .001 6.24 23.58 .002 .0006 ( EB-C-54-48 18.44 69.70 .02 .006 12.29 46.45 .01 .003 9.22 34.85 .01 .003 E13-C-27-20 9.22 34.85 .01 .003 6.14 23.20 .002 .0006 4.61 17.42 .001 .0003 EB-C-40-20 13.89 52.50 .01 .003 9.26 35.00 .01 .003 6.94 26.23 .003 .0009 EB-C-27-24 9.22 34.85 .01 .003 6.14 23.20 .002 .0006 4.61 I7.42 .001 .0003 EB-C-40-24 13.89 52.50 .01 .003 9.26 35.00 .01 .003 6.94 26.23 .003 .0009 EB-C-31 10.68 40.37 .06 .018 7.12 26.91 .07 .021 5.34 20.18 .07 .021 _ E13-C-36 12.24 46.26 .06 .018 8.16 30.84 .06 .018 6.12 23.13 .07 .021 Note:H/L based on 110°F return temperature. ELECTRIC SUPPLY Model Volts Watts Amps kW Hertz/Phase Btu/h Disconnect CB E8-C-18-48 480 18,000 22 18 6011z/3-phase 61,500 30 ® EB-C-36-48 480 36,000 44 36 60Hz/3-phase 123,000 60 EB-C-54-48 480 54,000 r 65 54 6014z/3-phase 184,000 80 EB-C-27-20 208 27,000 k 75 27 601-1z/3-phase 92,000 100 E13-C-40-20 208 40,500 113 40.5 601-1z/3-phase 138,000 150 EB-C-27-24 240 27,000 65 27 60Hz/3-phase 92,000 80 E13-C-40-24 240 40,500 98 40.5 60Hz/3-phase 138,000 125 EB-C-31 240 31,500 • 131 31.5 60Hz/1-phase 107,500 80+80 EB-C-36 240 36,000 150 36 i 60Hz/1-phase 123,000 100+100 s rs `�® c �= ELECTRO INDUSTRIES INC. C US `t r =2150 West River Street,PO Box 538,Monticello,MN 55362 Specifications subject to change without notice, =763.295.4138.800.922.4138-fax 763.295.4434 all rights reserved, a sales @electromn.com•www.electromn.com 06/21/2005 BL508 • i. r • Electro-Boiler EB-C series DIMENSIONS ARE: LMm1 ' Hydronic Boilers ' Submittal Data _. [254] 10" 2X 3/4"-1/2" --------------- A CONDUIT —\ -) 11/4"-1" \ \ 1 ® CONDUIT 2, •\, OUT IN / [ [5!] , 64] E5—3] i 2 1,2' 20 9/16" , a ¶ [51] ] C`2] -- 2" 1_39] _ I., -2 1/16" 1 9116° -- [508 — I 20"--1 [559] ----5- — 2" NPT t (533] —. 21" [213] MOUNT THIS --a [406] [40] 8 3/8" a— END UP 16" 19/';6" f fil (t1 • • O • I o 0 0 0 0 t o 0 0 0 0 [889] [809] l [914]E9 81 o 0 0 0 0 ° 35" 31 13116" J 36" 38 1/8" [64] 0 ccm • 1 21/2" • o00,t r• 0 000 �p 0 = } - 1E 1 1 a 0 0 = 0 0 0 0 yp 0 0 0 0 1 T . 0 . 0 0 0 0 0 0 1 5 718° T i � � 2XI1/4° I.. 3/4" NIPT m 1 CONDUIT r ] [69] I8" 2 11/16" 1� 1 [65] Th----f 2 9/16° /1 \ MINIMUM CLEARANCE 1 14 3116" FROM FLOOR I8". BL508 rev.A03 • ref 's : — i Cc'L' 3Q C • t Lv� cAsnL 66Y-t) TERESA STS P6C 1-7-28 1 4®, K PARK HEIGHTS CITY HALL, OAK,PARK HEIGHTS MN 9 400" CR 10245 0753624 X 3 A ` 8 4- P6C1-7-28 F173102 0573624 X 3 CNTL `<Q� P'6C 1-7-28 f 173106 0753646 X 3 AA CA- " ' 'k4..r • P6C1-7-28 r173166 0753602 X 3 AB Q.% '' 'Q- WISkt P6C 1-7-28 'lt°° F173107 0753642 X 3 AC ► is 11L,;/.s P6C 1-7-28 4 %101 -14145 • 110 607400 SPC#13 P6C 1-7-28 VKC1 PRE.70 50 AA 1 2755846 36 AB 1 2755002 2 AA 2 2755046 2 AB 2 2755202 2 54 AA 3 2755246 4 AB 3 2755402 2 AA 4 2755446 2 AB 4 2757002 2 104 AA 5 2757846 2 AB 5 2757202 2 AA 6 2757046 2 AB 6 2757402 8 AA 7 2757246 2 AB 7 2759202 2 ■�■ AB 8 2759402 2 AB 9 2751002 2 . AB 10 2751202 2 AB 11 2751402 2 AB 12 4755002 2 AB 13 4755202 2 AB 14 4755402 2 AB 15 4757002 2 AB 16 4757202 2 AB 17 4757402 2 AB 18 4759202 2 AB 19 4759402 2 AB 20 4751002 2 AB 21 4751202 2 - ® AB 22 4751402 2 AB 23 6755002 2 AB 24 6755202 2 • • 607400 SPC#13 P6C1-7-28 VKCI PRE.70 18 AC 1 2755842 2 A l 2755886 8 AC 2 2755042 2 8 AC 3 2755242 2 -AC 4 2755442 2 -- 26 AC 5 2757842 2 -AC 6 2757042 2 �= AC 7 2757242 2 AC 8 2757442 4 • r® = • C_,45-Z.-` , yzA .\6.. LOCK NANIE- r •,_ 4i, • • , C,REAT�G-�2AND GI�ND MASTER. r CHANGE 0. Do0(Z 4 a QrY, LOCgTtOr, Lc 4C PC • 0_,,b E: `&t TT/kJ c 02.30 t\1A- \ may. F..„,or S..t120cs 5 Al prf<\ 0 23 Pr X11 , 7-- \-r�\-�z.wci. O. _ H L 2.- o AA I (322- . A \ t,7, A PN 0 2-. A\ . --•4L dsLuc sz. P4c" E S , . Aks pc A F.•tt oo€, , 14 A Ak`\ 0\0 A�,A2 \ .,, IA- A AA 0\7, A , 2 .44.3c, x`14-to i A A 1 a , AO ,gip _ . 'A ' Ilk F �A\.2-V. / H .. 9- N,", oo* A PI 1 I/ ,, A P, 3 R pt.N 102 \,\ 0\tics --?-4.r.____ AA 103 _ 4\_ \ cAo-e.p.. _ t‘ I J a Al 1 `� 1\a�� \04 _ A , \c AA , \ (yor, \ kA 4 • , A\ As\ , \ "ate\ 5(t- \\ A ON 5 _ _III- 41 C\n,�. k AA tt3 4\ o l ` M(-7 \\s A2 1S-\, t� IAL2 5N _ ArA i , 11`I 4 .1 t-kk NN 11 L 2.0°103 4\ ` \2 41\ :2C. =aAq..iz...V t /1111&J ?.3 AA ,t3 \ 0..•z„ R AAA4 PR T: 514 �r's-rz-k \ t4„ lt STRAUGHAN HARDWARE CO., INC. of SOLD TO: �� �,,� �, • MINNEAPOLIS, MINN_ 55403 2,ONTRACT: G\ DATE: ®2 45 - \CO Page �OF 4 - Cdo-c__\ux 0 e'- nx.,1: 4_,,,,d, LOCK NAME_ k.EY WAY 1 I A , p\lt 1 . ,• , 1 , P 1 i GREAT-G12P.ND GRAND MASTER. CHANGE DooR P, QTY., LocT(oNA tocK PE" C.eDe 74 TT/A.14 \' C \ 1 Co tA N, st,ci_v tZoio P\ \ 2 A\ c P'44 ' R 2 \3Cp Al 0c'F \ e.E, 1'../&.2- . • \'._n AA %\ On . , \''? A\ LI\s&e......)QA -NS \3°\ • Al °F c a its. IA2_ Al \i_ ....) . -1)\-2_. 2 11/41? '7 I A3P, 4! �ak) T.au A-- ,s vl I `_._ O I �-c! 1 t \ L\1 t- ` h --2005 1 Air') I ______41,B ■'') , cm 0,,L zc) Kio\ t 1 1A A\ . -.', ,, '.. 0 c_sz. i-43.2,c>tokWS' A1-640 \ 1J'. 4\ , C ?4 %pA k 4i . ! - l Ali a.. 12°a 42.a ,, �. A e3 \o\ ,74 S2 Z Couu , tom. ,Ir. . 4 • /1.-61_ ; `.- A ,OA ■ , A.. 6,, A0.7... 1-J. L:‘... 21 A.%1 n i 3'' 1.M A _ I -ooF C.\ f.%12. M i 2_ ® /g. 40 o 13 A 4\. n- rz-e. ,? se,c, ; ( a-% \1 oi\ a i 113. ',AL,�+,S . 7-4,-1 . At,-z C f11. p'12 R� I ci boi �\1.5Z k g� m phzpz'Q 0040 A.\ . 1 ,\I c:\'' Kt 4\A. „au , a A,1) 2 41A. 1, Co�� OJE�QRh- P �‘ ';S �A� 4L-tl STRAUGHAN HARDWARE CO_ INC. LDTO: NTRACT: CR` .kla DATE: Oz. . ‘c.. _ \ MINNEAPOLIS, MINN. 55403 Page .-_ OF 4 LOCK NANLEEYWA�,' I I I ] I 1 GREAT- GnAND 61z4ND MASTER • • CHANGE T�oo�Z 62P, a"Y, LocATio►,l LO -r\fpc • coDE: ''g.►7T(&J (� 00 3� A\ , \ µ ca- 1 47 4 111 . 4(o 4k .2$ I eatAzDk 1-iL206kbS POL. 'A o .74 .52 Z 0,9,i N c AS..*5 c'DSA i d 1��\4 • t DA.V__ V\42, (2.(AN,Ar'S STRAUGHAN HARDWARE CO., INC.. )LD TO: � Z' .J C13S -lei MINNEAPOLIS, MINN. 55403_ "k DATE: 6 L - to 4 Page J OF 1- \ )0-7_N. ■ %.- LOCK NAME RE`tivs/A-e I , I , ' A 6-(2-E AT-GRAND GP-A,ND MASTER_ CHANGE Doot2, - (Ze, arY, LocATior, LiocA . .r■-(PC- a-0D E - T.(TT/?..1 C7 , 4?_.6 \ .-\-1. . ■"r-s t,k L-2_0003 Ac_C\ L .. - _ \\ e\\ 1 ;_14`-c) Pc C 2— - . \--kd 12.1 I Coo;SP,k8UC2, \-42)0 v Pt 1CD\ - Vic\ A (4C2_14-elsS4, t-,k L--1-Oct 0 11C.5 , _ 1 PR-1.0 I , 1z.4,, \GI \tik 4 -42I C-14-\a TE-t t,..o2_, 47 ACE? • 1 1 , - 1 _ . DR°41111T: v-. ‘&2-vgLiv\- 0 Ak•es-kt STRAUGHAN HARDWARE CO., INC. st.t. , SOLD TO \ =pct Ir... -%09,. . to. y1t-ip...c.., Vt.40 0 , MINNEAPOLIS, MINN. 55403 ONITRACT: (IS\..... .(5\ DATE: oz. - \ - \e, 1 Page .4___OF A___ !3" c g-0 J K i, _, 1:tY ; . c,... i ------ 0 s (4'._,} , 1 ti, A , LB 0 v f 1 -C i 41 r „s__) , rl ,---, 0 C:=0 ....1) i L\ c > a -z (0 v] r 2. L k---) .-.1 t ..�- 0 g ■ „I P 0 C I ,ct <t. , ,....0 .,-- 4.) -<-E ‹ 2 < tovr ,Z , L I0 _ i.) , * -. 0 ,n 0 ____ ,a-- d� Page 1 of 4 y Glen Schlichte From: Steve Gansmoe[steve @jorgensonconstruction.comj illSent: Thursday, February 25, 2010 10:32 AM To: 'Patrick Keefe' Cc: 'Glen Schlichte'; 'Randy Engel'; 'Eric A. Johnson'; CF Dull Subject: RE: keying meeting next Wednesday Pat, Thanks for the update. Keep me in the loop Steven M. Gansmoe Project Manager Jorgenson Construction Inc. 9255 East River Road N.W. Coon Rapids, MN 55433-5722 Ph: 763-784-3877 Fax: 763-784-1583 Cell: 612-363-3569 steve@jorgensonconstruction.com This e-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy,forward,disdose or use any part of it. If you have received this message in error,please delete it and all copies from your system and notify the sender immediately by return e-mail. •From: Patrick Keefe [mailto:Pat @Straughanhardware.com] ^� Sent:Thursday, February 25, 2010 9:00 AM To: 'Steve Gansmoe' Subject: RE: keying meeting next Wednesday Everything on our end seemed to work out. The Police Chief consolidated his schedule and I believe the City understood the limitations of the keys. It helped greatly that Apollo was present to assure them that the card readers could do what they wanted. We are presently rewriting our key schedule for the factory and should submit it in a couple of days. Thanks, Patrick Keefe Sales Manager Straughan Hardware Inc. PH:612-722-5062 FX:612-722-0282 Original Message From: Steve Gansmoe [mailto:steve @jorgensonconstruction.com] Sent:Thursday, February 25, 2010 7:33 AM To: 'Patrick Keefe' Cc: CF Dull ; Glen Schlichte Subject: RE: keying meeting next Wednesday Pat, /2010 O i • s Page 2 of 4 Can you give me an update on how the meeting went yesterday and what the next step is. Thanks Steven M. Gansmoe Project Manager Jorgenson Construction Inc. 9255 East River Road N.W. Coon Rapids, MN 55433-5722 Ph: 763-784-3877 Fax: 763-784-1583 Cell: 612-363-3569 steve @jorgensonconstruction.com This e-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy,forward,disdose or use any part of it. If you have received this message in error,please delete it and all copies from your system and notify the sender immediately by return e-mail. From: Steve Gansmoe [mailto:steve @jorgensonconstruction.com] Sent: Monday, February 22, 2010 5:10 PM To: 'Patrick Keefe' Cc: CF Dull ; Glen Schlichte Subject: FW: keying meeting next Wednesday Pat, Appollo Communications will be at the meeting S Steven M. Gansmoe Project Manager Jorgenson Construction Inc. 9255 East River Road N.W. Coon Rapids, MN 55433-5722 Ph: 763-784-3877 Fax: 763-784-1583 Cell: 612-363-3569 steve@jorgensonconstruction.com This e-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy,forward,disclose or use any part of it. If you have received this message in error,please delete it and all copies from your system and notify the sender immediately by return e-mail. From: CF Dull [mailto:cf.dull @gephartelectric.com] Sent: Monday, February 22, 2010 4:36 PM To: 'Steve Gansmoe' Subject: FW: keying meeting next Wednesday CF DULL PROJECT MANAGER/ESTIMATOR GEPHART ELECTRIC • {651}482-5931 Direct 5/17/2010 Page 3 of 4 {651}274-9034 Mobile cf.dull @gephartelectric.com • 3550 LaBore Road, St. Paul, MN 55110 {651}484-4900 Phone {651}484-2248 Fax www.gephartelectric.com From: Jeff Bridges [mailto:jbridges @appollosystems.com] Sent: Monday, February 22, 2010 4:19 PM To: cf.dull @gephartelectric.com Subject: RE: keying meeting next Wednesday Done deal //A 7. aOLLO . Jeff Bridges 763-390-6079 DID 763-424-5408 FAX From: CF Dull [mailto:cf.dull @gephartelectric.com] Sent: Monday, February 22, 2010 4:10 PM • To: Jeff Bridges Subject: FW: keying meeting next Wednesday CF DULL PROJECT MANAGER/ESTIMATOR GEPHART ELECTRIC {651}482-5931 Direct {651}274-9034 Mobile cf.dull @gephartelectric.com 3550 LaBore Road, St. Paul, MN 55110 {651}484-4900 Phone {651}484-2248 Fax www.gephartelectric.com From: Steve Gansmoe[mailto:steve @jorgensonconstruction.com] Sent: Friday, February 19, 2010 1:45 PM To: CF Dull Cc: 'Glen Schlichte' Subject: FW: keying meeting next Wednesday CF, • Straughan Hardware has met with the Owner on Keying of the doors. There is another meeting 5/17/2010 Page 4 of 4 scheduled for next Wednesday, Feb. 24 at 9:30am at the existing City Hall. They have requested that Appollo be a part of the meeting since they are doing the Card Readers. Please confirm that they will pp p 9 Y 9 Y have someone at the meeting. Thanks! 411 Steven M. Gansmoe Project Manager Jorgenson Construction Inc. 9255 East River Road N.W. Coon Rapids, MN 55433-5722 Ph: 763-784-3877 Fax: 763-784-1583 Cell: 612-363-3569 steve @jorgensonconstruction.com This e-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy,forward,disdose or use any part of it. If you have received this message in error,please delete it and all copies from your system and notify the sender immediately by return e-mail. From: Glen Schlichte [mailto:glen @jorgensonconstruction.com] Sent: Friday, February 19, 2010 12:19 PM To: 'Steve Gansmoe' Subject: keying meeting next Wednesday After talking with Pat yesterday we need to line up Apollo for this meeting. I do not have time today to call them. Can you call them or CF so they are there on Friday? Glen Schlichte Project erid Jorgenson SupConstructiontenent n Inc. OAK PARK HEIGHTS CITY HALL PROJECT 14168 Oak Park Blvd No. Oak Park Heights, MN Cell: 612-363-3572 • 5/17/2010 / 420 • I 4 CO-T-- .0• yz,..lt ‘d LOCK NAME kEYWAY ill I • E. _ - 1 t Ahil lir' l. ' 11 a . I 6-1-4.E AT-GRAN D 6FJA ls4ID MASTER_ o\% Q.Q. -Z \' . CIA AN6E . Dot -4 crap, ar Louvrier. I.. ,E • CYDE: • Si TT/rJ4 62.1C._ \to' t - - .kit-ft—N-Cor E1`.W,00L P A\ r---- • A% , S‘tiA . t.-11- ..• 1sk 4022 , 4 , , k-a +`c. _ .∎ A A 02-1 ,At\ ,'), EA/ t dsz.LI E `` A-11.11_, ^_0 20 ._ ‘ C ' 4\ 3Pr A Pt\ oak , %, - Aft& o'0 4\,1 ' -1. 13%..g()) , ARV • bs i[al - • )1k , 41 40 Al _ .;, . . !...c\ o\c _ A\ \,1a v-e� . s _ !� l \c, �p 4\.2.. .. Cac=+eti• • M1_21 05 I M2 y\ 4\ E :►- ∎\ P1/441 I t O2 iN , 'q\.\ ,%‘‘e.g.. .. ` I PEA i A _ t 0 3 _ Al . • c-4tot_p,,pt. I. AQx\ . . \CA AN, \N A∎\ AP.T---% _ t AP\cp 1 ‘dlP, 41. Pk " A • a A , A\, ■ . Rte\ S.-k• , v` hOtt$ 4\ " i 4\ , b;.. " Xk2fa 11 4 . ;. V\,A M‘._2,a°lo Pt A 21, 2 At .ZC_ s .1:. - AAk\(, o 122 4t. t t Attk . PROJECT: °A y.__ i*" a-Te_1L • A t {� STRAUGHAN HARDWARE CO., INC. 11010 TO: An, �,),. � MINNEAPOLIS, MINN. 55403 CONTRACT: t; 5 6\ DATE: p 2.- k5_Vi Page OF LOCK NAME IGEYwA,,' I 1 l 1 . i I 411 1 1 GREAT-GRAN O 6tzAND MASTS R - j .-**- 1.N\ % C \►4017--N-s � . CHANGE DocvZ� 4AP, QTY, LOCAT1Ok (--O IN PE C-0 E.: • grrrIJC r t •.. .�, � 4Z.a ( , -A %Ic... K_L 2r,• o3 AC1 12b 1 C+I , ►. kAt_-V Ate.. VA 14 ‘,4 GN`zlnscl. Mri°tzr as - fi,C46t- t td Z.C. aCj Vo2Z INC.lo «Z %No kN . 4%C-7 WO ` .k ` Po No? " Ey _1JOS Acl ) Vol \(44 CAA oV-►..5Q, / AeC$ 110 . t 1 1 I i ____ PROJECT: ,,,.., It_ _ x I lit , IN. C, kit ,A.� STRAUGHAN HARDWARE CO., INC. Milli _ a MINNEAPOLIS, MINN. 55403 C•NTRACT: 0.1 _ ► DATE: 42. ^ - \• Page OF ..._\___ LOCK NAMEYWAY Hilt ] i 41; GREAT-GRAN D 617-AND PIASTE FZ CHANGE Doo(Z 4 4 2P, QT" ., Loc. iof.i ` ,c , CADE: - StTIkl4 •,.1.41 , \ 1 • r_4 M L _. '19-. • I1 • 1 . • • J H T t PROJECT: OA 14.... 4,.e_v_ V\42,ts t� ki STRAUGHAN HARDWARE CO., INC. �O O: '� W 1aS C.1�t01•, :.O ACT:6A ..0 1 DATE: o _ M INNEAPOLIS MINN. 55403 "� Z. t5 -to Page OF__.. . t-A- CI LOCK NANI.E KEYWAY IIIiIrJII ! . : J1II ! 1 , j AT GRAND 61R-AN D HASTE R.. C ∎ Are fir;-% Q:., . CHANGE T)oo(,it C RP, Q�" Loc.• sorS 0 E - coDe: - strum(./• \32. Al C%-k.., 0444-A, aV... \3C,2.- `Ai o c F ‘ c. /�.e. s"3, \3.. . 41 oc c. r tt \AO fit\ S'1' cac-t. . Pct I 4_2-- 4 t Ft ,4, "N-4 . P 43 f- - 4k. C• caso 4.12 AVA ‘4'))'? \3 144 P. 4\ ,s4\ %t IA � • AB\1 1444 \'_.c k` 14 t_1,4-14. , A.TiL\?_ : 1 A D. 4\ , � .• , a . ... • \35 4\ .1 , yNut► A,S1C 1 c‘. 42.0 %ix, . Ali4. j . , ,52 2- N \- . L.t% . 4 4 . ;. .� `p Y \ J, • ,. , A�\a1 n\3' . .\4k,4. 1 •Nke.ex C.i M�2 0' AAi?n 4 t 3u► 4\, , ( 1E1a.c,, 1 kiST1 ok1 II\.\\ t A.:11-22. 10 14 \\3.4 - v,A . ,,ti c , Mt i2. Mis2'� �.+ Ak.St k- e:''E , '0z24 e •R\ .S1 QN t A ►7�2c.% ©0 Al A.. ‘, . - r 4. ec' A�,V7 'ROJECT: OA 1A t_AL kke.11S C., It\t...k\ STRAUGHAN HARDWARE CO., INC. 30a1-0: ,...\® y t.�'S�,, MINNEAPOLIS, MINN. 55403 DATE: r Z- ‘c. .. �a Page \ OF 2 "4 Corbin Russwin Architectural Hardware Corbin Ho Airport Road Monroe.NC 28110 Russwin ' itel 705.283.2101 fax 704.283.2846 • www.corbin-russwln.cam Pyramid Notice Of Acceptance The undersigned hereby certifies that I have been designated as prima systems administrator of the Corbin Russwin patented locking system for "Facility"), and, as such, I hereby accept all terms set forth by the Corbin Russwin Cylinders/Keys Product line management team in the attached Policies and Procedures. I also agree to follow the guidelines as set forth in the attached Registration Certificates Procedure for the submittal of registration certificates. If I am removed from my duties as primary systems administrator for any reason whatsoever, I will immediately notify Corbin Russwin Key Systems Administration, in writing. If I am unable to do so, then the person assuming these responsibilities for the Facility will notify Corbin Russwin Key Systems Administration, in writing, immediately.In these instances, Corbin Russwin will require the completion of a revised Notice of Acceptance for the Facility. I understand that if any of the authorized representatives of this Facility (as set out below) are removed from their duties for any reason whatsoever. it is my responsibility to notify the Corbin Russwin Key Systems Administration, in writing, of their release and the names of their replacements. Facility Name (As above): C01,14.P 14-E.1444-15 CA'i'7 41,41.1_ Mailing Address: 1 r{I(5 K 0A1 19AP14-B LUQ 4J Shipping Address: . 5 Ar'i€ City:Ut pc1C AARS,L t[sAISState: M14 City: State: Zip Code: G 508 )- Zip Code: Phone: 6S 1-435-- 4'39 Email: e 2 joiwl son C1 ccoakperkJte;)ltt-s, Fax: 6S1 q-O 51 t Cc'M By: ,-------�--. (Printed Name) (Signature, mary Systems Administrator) Internal Use Only. bate: Date Received and Recorded: /j;2; Distributor Corbin Russwin Account No.• A�12/1 r, natures.. -.----- Printed Name FR I C .`. PHRISen1 IC i'"Y htMlItliST1faMtn_ AnASSA MOLDY Group conp y AMAARIi( 45458-W-7f02R OD - r S I I ,i .., . 40 , 4f )4,,,,,, i,-: City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439-0574 March 16th,2010 TO: Patrick Keefe,Straughan Hardware FROM: Eric Johnson,City Administrator RE: Keying Authorization Letter Per your request,Straughan Hardware may receive keys,cores and pinning schedule into their inventory for •elivery and any future changes that may arise.This permission shall remain in effect u ti -yoked by the City and for any reason. / Tha , Erie, t 1/ Cc:// Randy Engel, Architect i ` Brian DeRosier,Chief of Police 7 EXCERPT FROM EMAIL DATED 3-16-10 Eric, I also need a quick letter from you stating that Straughan Hardware Co. can receive your. Typically, there is a two or three year end date on something like this. Patrick Keefe Sales Manager Straughan Hardware Inc. PH:612-722-5062 FX:612-722-0282 • 10';* 2i 3 •\ 2 7.-)z Are* S • Mn/Dot 21658A(03-01) MINNESOTA DEPARTMENT OF TRANSPORTATION CONTRACTOR-SUBCONTRACTOR'S STATEMENT OF COMPLIANCE FEDERAL COPELAND ACT/DAVIS BACON ACT MINNESOTA PREVAILING WAGE STATUTES REPORT NUMBER: #1-30019 STATE PROJECT NUMBER(S): DATE: 6/1/10 CONTRACTOR/SUBCONTRACTOR: HARDRIVES,INC. PHONE NO:763-428-8886 CONTRACT NO. ADDRESS: 14475 Quiram Drive,Rogers,MN 55374-9461 FEDERAL PROJECT NO: TYPE OF WORK: Oak Parks City Hall (Complete as described on proposal). STATEMENT WITH RESPECT TO COMPLIANCE AND WAGES PAID I, Jackie Nielsen Payroll Clerk (Name of signatory party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Hardrives,Inc. on said Contract;that during the payroll period commencing on the 16th day of May the year 2010 and ending the 22nd day of May the year 2010,there were 7 employees performing covered work on said Contract. That all persons performing work under said Contract are listed on payroll and have been paid the full prevailing wages for all hours worked under said Contract,the no rebates and or deductions have or will be made either directly or indirectly to or on behalf of said Hardrives,Inc.from the full wages earned by any person,other than permissible deductions as defined in regulations part 3(29 CFR subtitle A),issued by the U.S.Secretary of Labor under the Copeland Act,as amended(48 Stat.948,63 Stat. 108,72 Stat.967;76;Stat.357;40 U.S.C.276c);and/or permissible deductions as defined in Minnesota Statutes, 177.24,Subdivision 4,181.06,and 181.79,issued by Minnesota Commissioner of Labor and Industry described below. DESCRIBE LEGAL DEDUCTIONS (2) That the payroll submitted under said Contract is complete and accurate;that the wage rate(s)of the laborer(s),mechanic(s), and worker(s)performing work under said Contract is(are)paid according to the wage determination(s)and labor provisions incorporated in said Contract and according to applicable laws;that wages paid to laborer(s),mechanic(s),and worker(s) performing work under said Contract is at least the prevailing wage rate for the most similar classification of labor performed as defined under applicable law;and that the laborer(s),mechanic(s),worker(s)performing work under said Contract is(are)paid for all hours in excess of the prevailing hours at a rate of at least one and one half times the applicable base rate of pay. (3) That any apprentices employed during said payroll period are duly registered in a bona fide apprenticeship program registered with the Minnesota Department of Labor and Industry,or are registered with the Bureau of Apprenticeship and Training,United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO ANY APPROVED PLANS,FUNDS,OR PROGRAMS. In addition to the basic hourly wage rates paid to each laborer,worker or mechanic listed on said payroll,payments to current,bona fide fringe benefit programs as set forth in paragraph 4(d),have been or will be made to the program's administrators as set forth in paragraph 4(e)for the benefit of said employees,except as noted in section 4©. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH TO ALL EMPLOYEES Each laborer,worker,or mechanic listed on said payroll has been paid,as indicated on the payroll,an amount not less than the sum of the applicable basic rate plus the fringe rate as listed in the appropriate wage determination incorporated into said Contract. NOTE-FRINGE BENEFIT SECTIONS C,D,E AND SIGNATURE BLOCK IS ON REVERSE SIDE. (C.) EXCEPTIONS EMPLOYEE NAME CLASSIFICATION/OCCUPATION EXPLANATION (D) BENEFIT PROGRAM INFORMATION IN DOLLARS CONTRIBUTED PER HOUR(Must be completed is 4(a) is checked. Program Title,Classification Title,or Individual Health/ Vacation/ Apprentice Pension Other Employees Welfare Holiday Ship/Training Include Title Operators IOUE Local#49,7645 Metro Blvd, $8.15 $0.00 $0.50 $7.20 $.015 Minneapolis,MN 4903842 Dues Laborers Local#563-Same as Above-05-00870 $6.35 $2.10 $0.20 $6.32 $0.06 LECET Teamsters Local#120,3001 University Ave, $7.30 $0.25 $5.60 Minneapolis,MN 5000802 (D) BENEFIT PROGRAM INFORMATION(Must be completed is 4(a)is checked.) Name and Address of Benefit Account Third Party Trustee Telephone Fringe Benefit Fund,Plan, Number And/Or Contact Person Number or Program Administrator. Local 49 4903842 Glen Johnson 612-788-9441 Local 563 05-00870 James Brady 651-653-9776 Local 221 5000802 Brad Slawson 651-204-4115 The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution under federal and/or state law. See Minnesota Statue 16B, 161.315,Subdivision 2, 177.43, Subdivision 5, 177.44, Subdivision 6,609.63;or United States Code 18 U.S.C. 1001,31 U.S.C. 231, CFR 5.12., NAME AND TITLE OF CONTRACTOR'S REPRENSENTATIVE SI 'TUR Heather Blanchet — Contract ct Admin As a representative of the contractor submitting payroll identified above,I heret cerb that the p.rrol is true and correct to the best of my knowledge. NAME AND TITLE OF PRIME CONTRACTOR'S REPRENSENTATIVE SIGNATURE As a representative or the prime contractor, I hereby certify that the payroll identified above has been reviewed and are available for review. NOTE: For information regarding the form,submission of payroll records,or copies of the laws stated above,contact the Minnesota Department of Transportation, Labor Compliance Unit, Mail Stop 650,395 John Ireland Boulevard, St. Paul, Minnesota 55155-1899,or call (651)297-5716 or(651)296-6353. ° c) � w c) xi w2 0xi � C) 0) 30400 m n o m 2 S o) CO < c0 p) a) 'V ID s w rn c 3 0 a CD ao o co� fD . gz. o . m y 0 CD ._. Qa VD c�ii p C Cn co S cn O )T C OD C pG m X Cn 3 x N - X CT ..4 x I. N CD - C.) cal CD In CO - A Z V Co CD O 0 w S S in N -I W co OD n 0 fl. A n CD o O 0 0 N co O CO CO COO c0 N CO .z 'tO -..CD R' to N m p, 171 I CO co mom v om �„ om ° m ; o o . W N C CD 7 Ch o OC R p 0 (fl Q N O c C C C CD N O $ O ...<C `c . O 0 CD 0 5 7 C � ,O y d 77 A- Cn CO * CU n O O O O 0 -I p y 0 0 0 0 m < n C) Z z O O 0 i H -i co Z Z Z Z (n 0 =i Co 0 CO CO go z m d 1 7J 73 33 T T . < o , m e.,, O O O O 30 N W Oo N v n CD D m D m m m P. 1 D> >C 0 0 • Z 'm Z X 73 73 CD a. 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CD O 0 7_0,�y:,._ rn cn t Cn A o N w O :'* o w v 0 3 , CITY OF OAK PARK HEIGHTS Table Lists-CITY HALL EXPENSES BY VENDOR Page: 1 Jun 02,2010 08:14am Report Criteria: Check.GL Invoice Acct()=57244444000-57244444999 Check.Check No={>}1 Check.lnvoice No={SQL}[Check].[Invoice No]=[Invoice].[Invoice No] Check.lnvoice Seq No={SQL}[Check].[Invoice Seq No]=[Invoice].[Seq No] Check.Check Issue Date=01/01/2008-05/26/2010 Invoice.Invoice Date=01/01/2008-05/26/2010 Check.Voided=no Vendor Invoice Date Description Invoice No Amount Check Date Check No Vendor No GL Acct ALLIED ELECTROSTATIC OF MN ALLIED ELECTROS- 05/07/10 ELECTROSTATIC REFINISHING( 18428 1,608.85 05/25/10 52316 4073 572-44444-212 1,608.85 AMERICAN ENGINEERING TEST INC AMERICAN ENGINE 01/21/09 GEOTECHNICAL SERVICES-CITI 43581 7,300.00 01/27/09 50570 3584 572-44444-212 APPOLLO SYSTEMS `- APPOLLO SYSTEM: 05/04/10 LABOR&MATERIAL FOR RG6 QI 106768 147 .00 05/11/10 52263 1577 572-44444-212 BERGERSON-CASWELL INC I t)�° BERGERSON-CASV 01/20/09 DRILL&INSTALL GROUND LOOF 7578 7,3 O. 01/27/09 50573 3934 572-44444-212 7,390.00 BONESTROO ROSENE ANDERLIK BONESTROO ROSE 07/18/08 ENGINEERING SERVICES 6/1-7. 07182008 1,090.50 07/22/08 49824 7 572-44444-103 BONESTROO ROSE 08/21/08 JULY SERVICES 159912-15992 11,314.06 08/26/08 49983 7 572-44444-103 BONESTROO ROSE 09/15/08 ENGINEERING SERVICES-8/10. 09152008 1,269.14 09/30/08 50062 7 572-44444-103 BONESTROO ROSE 10/24/08 ENGINEERING SERVICES 9/7-1C 10242008 519.47 10/28/08 50188 7 572-44444-103 BONESTROO ROSE 11/17/08 ENGINEERING SERVICES 10/12- 11172008 202.00 11/25/08 50306 7 572-44444-103 ' BONESTROO ROSE 01/13/09 CITY HALL ENGINEERING SERVI 01132009 1,722.94 01/27/09 50574 7 572-44444-103 BONESTROO ROSE 02/24/09 ENGINEERING SRVS 1/4-2/14/0( 02242009 3,691.25 03/10/09 50723 7 572-44444-103 BONESTROO ROSE 03/27/09 CITY HALL PROF SRVS 2/15-3/1 03272009 3,105.75 04/14/09 50812 7 572-44444-103 BONESTROO ROSE 04/23/09 ENGINEERING SERVICES 3/15/0! 166719-16672 326.00 04/28/09 50879 7 572-44444-103 BRAUN INTERTEC CORP BRAUN INTERTEC( 08/20/08 HAZARDOUS BUILDING MATERIU 298031 2,444.50 09/10/08 50000 3891 572-44444-103 BRAUN INTERTEC( 06/22/09 CITY HALL CONCRETE TESTING 308362 2,205.25 07/14/09 51146 3891 572-44444-103 BRAUN INTERTEC( 07/22/09 CITY HALL CONCRETE TESTING 309954 3,020.50 07/23/09 51220 3891 572-44444-103 BRAUN INTERTEC( 08/12/09 CITY HALL CONSTRUCTION TES 310314 3,442.50 08/25/09 51345 3891 572-44444-103 BRAUN INTERTEC( 09/09/09 PROF SRVS-CITY HALL ROOF 1 311360 960.00 09/22/09 51460 3891 572-44444-103 BRAUN INTERTEC( 09/17/09 CITY HALL CONSTRUCTION TES 312127 1,508.50 10/13/09 51518 3891 572-44444-103 BRAUN INTERTEC( 10/14/09 CITY HALL CONSTRUCTION TES 313337 3,210.75 10/27/09 51582 3891 572-44444-103 BRAUN INTERTEC( 11/23/09 CITY HALL CONCRETE TESTING 314729 3,654.00 12/01/09 51716 3891 572-44444-103 BRAUN INTERTEC( 12/08/09 CITY HALL CONCRETE TESTING 315459 1,074.25 02/09/10 51987 3891 572-44444-103 BRAUN INTERTEC( 02/03/10 CITY HALL CONCRETE TESTING 317207 292.50 02/23/10 52007 3891 572-44444-103 21,812.75 04 BUETOW AND ASSOCIATES INC BUETOW AND ASS( 06/30/08 CITY HALL ARCHITECTURE THR 9726-0822 9,434.10 07/15/08 49747 3674 572-44444-103 41r CITY OF OAK PARK HEIGHTS Table Lists-CITY HALL EXPENSES BY VENDOR Page: 2 Jun 02,2010 08:14am Vendor Invoice Date Description Invoice No Amount Check Date Check No Vendor No GL Acct BUETOW AND ASS' 06/30/08 CITY HALL ARCHITECTURE THR 9726-0822 29.10 07/15/08 49747 3674 572-44444-212 BUETOW AND ASS' 07/31/08 ARCHITECTURAL SERVICES-JI. 9749-0822 37,833.60 08/12/08 49878 3674 572-44444-103 BUETOW AND ASS' 08/29/08 CITY HALL ARCHITECTURAL SR' 9775-0822 28,317.06 09/10/08 50003 3674 572-44444-103 BUETOW AND ASS' 09/30/08 ARCHITECTURAL SERVICES-SI 9818-0822 19,124.37 10/14/08 50126 3674 572-44444-103 BUETOW AND ASS' 10/31/08 CITY HALL ARCHITECTUR 9832-0822 36,848.19 11/05/08 50232 3674 572-44444-103 BUETOW AND ASS' 11/26/08 CITY HALL ARCHITECTURAL SR' 9867-0822 32,094.58 12/09/08 50377 3674 572-44444-103 i BUETOW AND ASS' 01/02/09 CITY HALL ARCHITECTURAL SR' 9893-0822 59,116.69 01/13/09 50482 3674 572-44444-103 BUETOW AND ASS' 01/30/09 ARCHITECTURAL SERVICES-JF 9900-0822 107,072.66 02/09/09 50619 3674 572-44444-103 BUETOW AND ASS' 02/27/09 CITY HALL GEOTHERMAL HTG& 9934-0822 22,500.00 03/10/09 50724 3674 572-44444-103 BUETOW AND ASS' 02/27/09 CITY HALL ARCHITECTURAL SR' 9935-0822 54,776.59 03/10/09 50724 3674 572-44444-103 BUETOW AND ASS' 03/31/09 CITY HALL ARCHITURAL SRVS- 9952-0822 25,205.34 04/14/09 50814 3674 572-44444-103 BUETOW AND ASS' 03/31/09 CITY HALL GEOTHERMAL HTG& 03312009 1,500.00 04/14/09 50814 3674 572-44444-103 BUETOW AND ASS' 04/23/09 CITY HALL ARCHITECTURAL SR' 9964-0822 54,897.72 05/26/09 50941 3674 572-44444-103 BUETOW AND ASS' 05/29/09 CITY HALL ARCHITECTURAL SR' 9985-0822 6,900.00 06/09/09 51023 3674 572-44444-103 BUETOW AND ASS' 06/30/09 CITY HALL ARCHITECTURAL SR' 06302009 6,900.00 07/14/09 51149 3674 572-44444-103 BUETOW AND ASS' 07/31/09 CITY HALL ARCHITECTURAL SR' 10031-0822 6,900.00 08/11/09 51280 3674 572-44444-103 BUETOW AND ASS' 08/31/09 CITY HALL ARCHITECTURE SRV 10053-0822 6,900.00 09/08/09 51401 3674 572-44444-103 BUETOW AND ASS' 09/30/09 CITY HALL ARCHITECTURAL SR' 10065-0822 7,143.00 10/27/09 51585 3674 572-44444-103 BUETOW AND ASS' 12/15/09 CITY HALL ARCHITECTURAL SR' 12152009 4,641.00 12/22/09 51803 3674 572-44444-103 BUETOW AND ASS' 01/04/10 ARCHITECTURAL SERVICES 10112-0822 20,700.00 01/26/10 51943 3674 572-44444-103 BUETOW AND ASS' 01/29/10 CITY HALL ARCHITECTURAL SR' 10126-0822 6,900.00 02/23/10 52009 3674 572-44444-103 BUETOW AND ASS' 02/26/10 CITY HALL ARCHITECTURAL SR' 10131-0822 6,900.00 03/09/10 52074 3674 572-44444-103 BUETOW AND ASS' 03/31/10 CITY HALL ARCHITECTURAL SR' 10146-0822 3,450.00 04/13/10 52167 3674 572-44444-103 566,084.00 DLL, BUSINESS TELEPHONE PROD INC BUSINESS TELEPH 09/01/09 TELEPHONE SYSTEM-1ST PAY 09012009 12,500.00 09/01/09 51390 4011 572-44444-503 BUSINESS TELEPH 09/01/09 TELEPHONE SYSTEM 360 13,704.87 05/25/10 52320 4011 572-44444-503 BUSINESS TELEPH 05/15/10 CREDIT RETURNED TELEPHONE CM10004 3,637.76- 05/25/10 52320 4011 572-44444-503 BUSINESS TELEPH 05/15/10 TELEPHONE SYSTEM 478 4,147.13 05/25/10 52320 4011 572-44444-503/ 26,714.24✓ COMCAST COMCAST 03/19/10 NEW CITY HALL SUB-NET&I-NE 60800863 •2 48 03/30/10 52126 4059 572-44444-212 ale./-v .. ECKBERG LAMMERS BRIGGS ECKBERG LAMMER 06/30/08 LEGAL SERVICES-JUN 89215 260.00 07/15/08 49756 21 572-44444-103 ECKBERG LAMMER 12/31/08 CITY HALL LEGAL SERVICES-D 93322 903.90 01/13/09 50490 21 572-44444-103 ECKBERG LAMMER 01/27/09 LEGAL SERVICES-JAN 94041 418.50 02/09/09 50623 21 572-44444-103 ECKBERG LAMMER 02/28/09 LEGAL SERVICES-FEB 94783 1,572.44 03/10/09 50726 21 572-44444-103 ECKBERG LAMMER 03/31/09 LEGAL SERVICES-MAR 95812 675.00 04/14/09 50817 21 572-44444-103 ECKBERG LAMMER 04/30/09 LEGAL SERVICES-APR 96039 317.25 05/26/09 50948 21 572-44444-103 ECKBERG LAMMER 06/30/09 NEW CITY HALE LEGAL SERVICE 97748 40.50 07/14/09 51155 21 572-44444-103 ECKBERG LAMMER 08/31/09 LEGAL SERVICES-AUG 99192 34.18 09/08/09 51408 21 572-44444-103 ECKBERG LAMMER 01/31/10 LEGAL SERVICES-JAN 102133 63.00 02/23/10 52014 21 572-44444-103 ECKBERG LAMMER 02/28/10 CITY HALL LEGAL SERVICES-Fl 102900 1,219.07 03/09/10 52076 21 572-44444-103 50 OV FIXMER,DON FIXMER,DON 05/03/10 REIMB FOR RACK,CABLE,ADAF 05032010 402.69 05/11/10 52272 996 572-44444-503 FIXMER,DON 05/25/10 INSTALL CONTROL ROOM EQUII 05252010 1,120.94 05/25/10 52323 996 572-44444-503 L , CITY OF OAK PARK HEIGHTS Table Lists-CITY HALL EXPENSES BY VENDOR Page: 3 Jun 02,2010 08:14am Vendor Invoice Date Description Invoice No Amount Check Date Check No Vendor No GL Acct 17'21c C<I4‘ FOLZ FREEMAN ERICKSON INC FOLZ FREEMAN ER 03/02/09 CITY HALL SANITARY SEWER El 8-609 00.00 03/10/09 50728 3717 572-44444-103 200.00 HD SUPPLY WATERWORKS LTD. HD SUPPLY WATEF 10/08/09 8'WB67 DDP HYDT STORZ 9632398 2,716.82 10/27/09 51595 1714 572-44444-311 2,716.82 INNOVATIVE OFFICE SOLUTIONS INNOVATIVE OFFIC 12/14/09 NEW CITY HALL FURNITURE DO BA#0822 ��0� 3/09 51851 3066 572-44444-503 36,600.0 JOHNSON,ERIC JOHNSON,ERIC 10/01/09 REIMB FOR ENTRY DOOR KEY E 10012009 /13/09 51539 3202 572-44444-311 . 8 JORGENSON CONSTRUCTION JORGENSON CONS I 07/02/09 NEW CITY HALL CONSTRUCTIOI 07022009 305,235.00 07/14/09 51166 3987 572-44444-800 JORGENSON CONS .i 08/05/09 NEW CITY HALL CONSTRUCTIOI 16383 232,560.00 08/11/09 51297 3987 572-44444-800 JORGENSON CONS .y 08/31/09 NEW CITY HALL CONSTRUCTIOI CITYHALL-PY 326,515.00 09/22/09 51468 3987 572-44444-800 JORGENSON CONS y 09/30/09 NEW CITY HALL CONSTRUCTIOI 09302009PM1 361,570.00 10/13/09 51541 3987 572-44444-800 JORGENSON CONS 5 10/31/09 NEW CITY HALL CONSTRUCTIOI 10312009PM1 400,140.00 11/10/09 51669 3987 572-44444-800 JORGENSON CONS 11/30/09 NEW CITY HALL CONSTRUCTIOI 11302009PM1 823,935.00 12/08/09 51775 3987 572-44444-800 JORGENSON CONS.i 01/06/10 NEW CITY HALL CONSTRUCTIOI 12312009PM1 644,385.00 01/26/10 51953 3987 572-44444-800 JORGENSON CONS. 02/04/10 NEW CITY HALL CONSTRUCTIOI 02042010 603,630.00 02/23/10 52026 3987 572-44444-800 JORGENSON CONS 02/28/10 9TH REQUEST FOR PAYMENT 16544 552,140.00 03/09/10 52088 3987 572-44444-800 JORGENSON CONS ,u 04/19/10 10TH REQUEST FOR PAYMENT 16571 743,764.00 04/27/10 52231 3987 572-44444-800 JORGENSON CONS ■\ 05/10/10 NEW CITY HALL CONSTRUCTIOI 04302010PM1 537,216.00 05/26/10 X52361 3987 572-44444-800 5,531,k 90.00 U NORTHWEST ASSOC CONS INC NORTHWEST ASSC 01/02/09 CITY HALL ZONING REVIEW-DE 18280 1,269.27 01/13/09 50528 51 572-44444-103 NORTHWEST ASSC 02/02/09 TECHNICAL ASSISTANCE-JAN 18345 1 38.70 02/09/09 50643 51 572-44444-103 2,607.t1� PLANT HEALTH ASSOCIATES PLANT HEALTH AS; 12/31/08 CITY HALL PLANT HEALTH-DEC 946-08 11.5$ 0 /09 50536 1564 572-44444-103 PLANT HEALTH AS! 06/04/09 PLANT HEALTH-MAY 957-09 144 01 06/09/09 51058 1564 572-44444-103 355. REVENUE,MN DEPT OF REVENUE,MN DEP 12/31/08 SALES&USE TAX-DEC DEC2008 9.00 01/21/09 1212009 13 572-44444-103 REVENUE,MN DEP 01/31/09 SALES&USE TAX-JAN JAN2009 137.49 02/20/09 2202009 13 572-44444-103 REVENUE,MN DEP 04/20/09 SALES&USE TAX-MAR 04202009 67.02 04/20/09 4202009 13 572-44444-103 REVENUE,MN DEP 09/19/08 SALES&USE TAX-AUG 09192008 3.00 09/19/08 9192008 13 572-44444-103 REVENUE,MN DEP 04/30/09 SALES&USE TAX-APR APR2009 29.75 05/27/09 52720092 13 572-44444-103 CITY OF OAK PARK HEIGHTS Table Lists-CITY HALL EXPENSES BY VENDOR Page: 4 Jun 02,2010 08:14am Vendor Invoice Date Description Invoice No Amount Check Date Check No Vendor No GL Acct II RIVER TOWN NEWSPAPER GRP RIVER TOWN NEW; 02/19/09 ADV CITY HALL PREQUALIFICAT 20537126 35.00 03/10/09 50753 3339 572-44444-205 RIVER TOWN NEW: 03/05/09 ADV BIDS FOR CITY HALL 3/5 20539431 52.50 04/14/09 50855 3339 572-44444-205 ROBERTSON,MARK ROBERTSON,MARI 12/29/08 HAY BALES FOR CORE DRILLIN( 96315 2 08 50466 2060 572-44444-311 I STILLWATER GAZETTE STILLWATER GAZE 12/29/08 ADV SITE PLAN REVIEW 12/29 892599 44.28 01/13/09 50545 1754 572-44444-205 STILLWATER GAZE 02/20/09 ADV REQUALIFICATION INFO 2/1 900189 103.32 02/ 09 50699 1754 572-44444-205 STILLWATER GAZE 03/10/09 ADV CITY HALL CONST BID 3/2 8 903162 8 I .9 50789 1754 572-44444-205 282.08 ^ , UNITECH UNITECH 04/20/10 AV EQUIPMENT DEPOSIT 04202010DEF 7,099 . 4/20/10 52221 4064 572-44444-503 7,099.50 UNITED STATES POSTAL SVS UNITED STATES PC 12/31/08 REPLENISH POSTAGE METER 12312008 59.64, 02/09/0• 50658 1380 572-44444-201 6,247,351.35 Report Criteria: Check.GL Invoice Acct()=57244444000-57244444999 Check.Check No={>}1 Check.Invoice No={SQL}[Check].[Invoice No]=[Invoice].[Invoice No] Check.Invoice Seq No={SQL}[Check].[Invoice Seq No]=[Invoice].[Seq No] Check.Check Issue Date=01/01/2008-05/26/2010 Invoice.Invoice Date=01/01/2008-05/26/2010 Check.Voided=no ' � zozzzzzz m E of = oD > � ® ¢ - / ! \ \ w® � 2/ 2 � ma = e, a m if } / k\ i3 � 2 � � age/ - 3 � \ k\ \ 0 3 sr § 2 ' ! !'!i / § s \$ $ \� # § 0 � f = o _ic 00 §§a S > to — zE 0 E § ( \ \ /_ � / a XI i \ � cak E / \2 2 \ $ill J 0 a 7 I uii \ = o m, \ 7 � § C « §�8 ƒ ( \ / a k I \ E To to co■$ 2 2 O. 9, � nE { \ k � c ge XI 0 . . 2 a 60003 0 - - « 7 ƒ / )J _ 40 Q it1.403 _ i 1 , (4 � @ f § (9G/§4 \//\cg fel § 0000 \0000 0 _ 0 4 _f_e I kr. / .m\ �\ E w « c = -, 0 / \ kaww$43. / Q § / g 012 6 ' » % 0 en 8 F0 0 . 0 ,. 0 C N M N Cp V O CO O OI 0. •C co a1 O o D O O O co N- CO d' O O •E a) o) c V o o N 0 0 0 0 01 n U c o O to co to O o 0 f` CO to O o cO O LC O CO O O O m ) o N- coa10 0 C v m CO V to V' to O CD O N O O co M V M CO O a0 o N M U ii CD CO ,- M ,- c- �-' CO O N a) a •EA 64 H3 EA V3 V3 EA(fl 0 C1 m O O 'Cl- C9 10 o N. 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Cn w y O 71 a O M C ( 'O i N N 0 > C oa w U CY a) C c I- 2 rnw m r O U CO aO)co O 7 I- '- o U 0 " N m r---u, m0 d To J W E o "a ) 0 c 0 Q O w -5 j E 2 p m o 0 c W N N- C' i5 Z a I o o U ¢ '0 m c o 2 - .o ,ow m J _ a) C ¢ O o- ° O 0 0_ 0 z "I a) a) c I o a CO 0 0) CV a W C 0 H -0 0 c) c 0 m o 01-1-1 ", E o ` a)Ce r ` O) _ a c a`� C N L O N 0 CO U c 7 m o CO W c >. O CU U a = a) Ci ++ o O w U a ' 2 L N co U ++ ICj Q • N to w to I O 'o c a` L c t° 05 -O w a m -0 a) E c - 2 Oto c > ¢ ti 2123 //o offz2 • City of Oak Park Heights City Hall Facility-Price requests(PR)and Status-Updated 2/23/10 ?Rig oea.nptian U.oam. Cod Impact SS 1.LI WM mxw,ea Thae4v ae .9 COMmENIS AnnroyM Amount Amendments to electrical services-location of #1 meters 8/5/2009 $ 1513500,FAILURE TO INCLUDE IN PLANS/ARCHITECT DID NOT DEAL WITH ISSUE TIMELY Yes 10/14/2005 #1 APPROVED $ 16,135.00 Required Revisions l0 Plumbing submittals-by #2 State of MN 629/2009 $ - FAILURE TO INCLUDE IN PLANS.$6,000 TN LOST VALUE(TRADED) Yes 10/1512009 #2 APPROVED $ - Extend Concrete Paving in Garage Ramp and 113 provide Trench Drain 8/52009 $ 8,13300 Additional storm water manaeement•betterment. Yes 10/27205 #3 APPROVED 5 6133.00 44 Provide and Install ventilation LOUVERS 8/5/2009 $ 2,309.03 FAILURE lO INCLUDE IN PLANS. Yes 10/27/209 #4 APPROVED $ 2,369.00 Polystyrene Insulation redum compresrve AS strength 8/52009 $ 12,730.001 CREDIT FOR SWAP TO DIFFERENT POLYSTYRE #5 $ (2,730.00) • #6 Fre_Alam System Modfeta _ :, 13/5/2011 _ - • .- A.. - '''''J VALUE(TRADED) Yes 10/14/2009 #6 APPROVED 5 •0/5(1009 32040.00 TO OPERATE WELL 112 ONGFNEMTOR N Nom[-: n lar.i in i1g +.k Contractor agreed to swap for XC61 Road To Y8 Provide Credit for Unneeded earthwork 11/1012009.-- #8 Transformer $ • Alter Concerete block on Garage Ramp-To GARAGE DOOR AR OS colored 8/5/21X9 $ 4,53800 GARAGE DOOR ARCHITECT TO CITY TO IMPROVE AESTHETICS OF AREA NEAR Yea 98/2009 #8 APPROVED E 4536-00•610-withdrawn werLa4N */7//2000 L - . . - • • - - WAD VOID VOID withdrawn Relocate Card Access(eletrical work Only) HOLD-Architect said could get down to 410A from 163C to 1620 5 256.990 FAIL IMF OF PLANS FOINCIUOF ALI N FEDEDCARD RIAOEUS 6100 5000 Nll•withdrawn */5/4008 0 - - - - - VOID VOW #L' "•••o •wa VOID withdrawn Openings 004,005.006,relocate from 022 to 021 and from 020 to 023B.delete access .11A eletrical only from 166 5 6,237.00 FAILURE OF PLANS TO INCLUDE ALL NEEDED CARD READERS Yes 10/27/2009 #1IA APPROVED 5 6,237.00 812-withdrawn l'''-'"""" ' t '. '- 0w' 0}0}]009 $- - - - - - •. VDIO V&O 412 VOID withdrawn Grovide-Card-Accacce-UppeTevel-Gay-W#- al2A Opening 118--ALV4L060FLNLL*orlcenlY I .. - V&D HOLD ,, #-124. VOID withdrawn Provide Card Access at Upper level City Hall- 1112AImodifiedl Opening 116-ALL electrical work only $ 3,188.00 FAILURE OF PLANS TO INCLUDE ALL NEEDED CARD READERS Yea 10/27/2009 #124.Mod. APPROVED 5 3.188.00 Prev✓re-Ela""a'Work--b*LleTY PaWAse9Fess- f./""'EBraMw6•p'wcL"••E�••gc oaq,,,oE•.#ES�.o,�.L w,pe..w•. hgHLegrxeaefTeluge-Nght,teePpone and. FAKn"Fa'6"^°4"r gl.•/u'rOuuFB•^'•C,rc••0•°M44534C&aGLN.-L4 EVur r..g wth BO 0'TN.-day #13-Withdrawanl a e0Uµ9MS _ eiy pa'.xs.egieaa #40/2000 4 'SRO.00!Af({FFY4GCD ma 1&21100 are withdrawn fighting.area of refuge lights.telephone and FAILURE OF PLANS TO INCLUDE CODE REQUIRED ELECTRICAL WORK AND e.tenor lights•REDUCE NUMBER OF EMERGENCY AREAS.CRY INFORMED ARHCRECT OF PLAN DEFICEINOes IN Issue Construction Change Directive at• 1113 Rrvi s,-,I FIXTURES 11/10/2009 $ 10,504.00 JAN/FEB2009 Yes 11/202009 #13 Revised 11/20/09 $ 10,504.10 1114 delete POLICE DIP tray in Counter 9,9/2009 5 (450.001 CRT INDICATED THAT IT WAS NOT NEEDED Yes 10/2/2009 #14 APPROVED $ (450.00) • PIT H/and #15 Modifed•Witrhdrawn 1&612000 WLA'hdeawn DTEhdrawn ADS•modification 2• #•c WwiIR—I a' Withdrawan k 0l24/2990 E withdrawn Modifications to Canopy lighting and SOFFIT Plans were supposed to use LED,was forgotten,PR issued,price responmse of Issue Construction Change Directive#2- a15-modification 3 Lighting(various LED( 11/4/2009 5 13,083.00 $16,500.was unacceptable.PPpproved by City Council for 513.600./- Yes 12/1/2009 12/1/09 $ 13,08300 Still awaiting Pnce•work complete-TOM- UIb AddIUonel Conduits to well#1•SCA DA 928/2009 0 1,n,9.00 NIE0(ONOUIi1 El INSTAL(',ADASVSrfms Yes 616 TNls amount well change"'. C17 modified Starinway Lighting-chanir5 fixtures 9282009 $ 2,317®Wrong Fixtures Specified in Stairwells Yes 10272009 #17 APPROVED 5 2,317.00 p1e u/una" •• a18-Withdrawn•See 827 e..e Ann a4,6-4,44-241-aod-to-seek-bee-o/ed'favatlalalaert A&E and 28 A&B UpdateslAS4A-OW,O*4bAlards-Pa40 _ Act'•-R SO.RDS wAhdrawn #is w.WieT1- a 18 Modified•Withdrawn•Updatesle 0ae,U g_1bpu...ns a Dale-.' -„.•4••”e..e,e,-11-55.4457- 5ee#27 AWE and 28 A&8 City-denReemewakl Lt/42000 - Ad.F4:a1d-2B-4-X.B withdrawn 1119 MPCA FINE(STORNI DRAINAGE( 10/13/2009 5 (1.750.001 STORM WATER VIOUTION-CONTRACTOR TO REIMBURSE THE CITY Yes 10/142009 #19 APPROVED 5 (1750.001 N20 Delete M Fixtures T A and T E 10'82009$ 1.989.00 Yes 10272009 #20 APPROVED 1989.00) a 121 Modification O1 #21 MOdiNodoe el (W6RORAWN eye r seen by the City Until 11/10/09 WITHDRAWN WAhAMat _< 9rdErl Ddilations to snow melt mom. 11/4/2009 5 - THIS IS A NO COST ITEM 11/10/2009 #21Modihca- • P22-wIthdrawan PNMRROOM-EL`^T ".L-WORN 4040/2008 G • 111144.1.5 0010 VOID 822•w,Mdrawan VOID Withdrawn 822(revised) PUMP ROOM ELECTRICAL WORK 10/16/2009 5 3.171.00 FAILURE OF PUN TO INCLUDE CORRECT DRAWINGS Yes 10272009 #22 APPROVED 5 3.171.03 AMEND LIGHT FIXTURES IN ROUTUNDA/ 823 ADD LIGHT? 10/162009 $ 894.00 FAILURE OF PUN TO INCLUDE CORRECT DRAWINGS _ Yes 1027/2009 #23 APPROVED 5 894.® —I 840-withdrawn rw^'•f' •'•"'o"'w^^«•*awl p rcu,w".r.F.,.u.r5 Hr.S-r cap.BE ML LU*OLaBW VBIU VOLD 1124•withdrawn VOID withdrawn J Delete COLORED VERSION OF N2S LIGHTFIXTURES 16/16/2009$ 15,355001 aesthetic YOU 10272009 #25 APPROVED 5 (5.356.00) • Moo,icahons to to Impound and storage LDI- • 426 Resurveying-credit for area reductions 11/102009 inr,•.,sr wern,e.erb.,�ks a I 5 027x-withdrawn e6D11 44F3012O09 6 2/"^'• pyJA--wthdr+wa Wihdrwn a Delete-BOkardc turamove-7- 1127E.withdrawn ka0,50064,d.andIARRE-IN-TO,C1U-S-Y-S-T-EMS 1-114672D29 6 s7•"rm a,nO ^•s, wlltldrawn DelelaBAHaEds, #2aA-withdrawn 'R'iu-614v0.a,-Pb.46.11 444-0,40900 6—.-0311'10 "LAA_wdhdrawn withdrawn 02813-withdrawn 111162009 a 4.,1'.•x1 +.8N-+.,1101,./..,, 1Wilhdrawn to remove 7 existing poles:Install(3)new pole p29 fight in Blvd.andVVIRE INTO CITY SYSTEMS 1 f/20/2009 $ FPILURF OF 555,110 INCLUDE CORRECF DRAWINGS REJE pT PR REJECT PR REJECT PR Owner to remove 7 existing light poles:Provide and install three new LED Ighl poles and 430 nett in to Lighting Control System 12.14/21X9 5 FAIT URI-OF PLAN TO INCLUDE CORRECT DRAWINGS REJECT PR REJECT PR REJECT PR car 29?01.tw "�°°'°^ ' ••,.conduit remains.Provide• _ 12/1402003 5 j1. 9(10)FAILURE CIF PLAN TO INCLUDE CORRECT DRAWINGS REJECT-PR -I REJECT PR REJECTPR Provide eletrical Work,install"quad"eletrical #32 box instead of"duple,' 1222010$ 000 FAILURE of PLAN TO INCLUDE CORRECT DRAWINGS _ $ 0.00 IM • a33•Withdrawn W OO,. E wkv w.«ROOWO •/"/2n•0 withdrawn — Provide power to overhead electrical projector • # VI 33 REVISED in three conference roams 2/3/2010 5 1,420.00 FAILURE OF PLAN TO INCLUDE CORRECT DRAWINGS $ 1,429.00 Eliminate 1 RPZ LYE in service lines to 434 -CIRCLES-in parking lots 125/2010'$ (232.00)Possiblesawngs initiated by City/ARNtcel $ (232.00) Delete Ded st meter end adoo:fated piping in 035 137.1' 1/25/2010 551.00 Possiblesawngs Initiated by CIw/Architect 5 (55100) 037-withdrawn Provide 277 VAC electiical power to humidifier 1/25/2010 withdrawn P38 Delete 20 bollards.conduit remains 2152010 $ e39 Poll fiber Optie(6-strand)for SCADA , 2'172010 llnlol s 9e11 to or olact S 640 Fire Eldinguiaher Cabinet Change E 7100 anion Chang,hr archneH $ 77.00 — - Delete two(2)Type H Lighting F xtures in II Sal Council Chambers 2/15/2010 1 11,97600)CIPNIO - $ 11.976.001 Board P reslops onto top o/ , Moir&Taff $ 1,343.00 open $ 1,343.00 TOTAL PRS APPROVED to Date In • TOTAL PR AMOUNTS $ 206,771.00 Change Order 01 > $ 37 4561.00 TOTAL PRS APPROVED to Date in All PR.MINUS Well#2 Wiring(PR 7) $ 174,723.00. Change Order Y2 TOTAL COST of PRS ACCEPTED(CO 1-3) $ 34,795.00 Accepted PR and Penning CCD-as a PERCENT of Total Contract Amount 0.918% TOTAL PRS APPROVED to Date in Total Accecpted PR and Pending CCD $ 58,382.00 Change Order#3 Total Contract Amount w/Jorgenson(base bid and selected alternates) $ 8,358,500 CCD#1 - $ 10,504.00 CCD#2 -- $ 13.083.00 11 4 I 4 DOUG LAS Douglas Lighting Controls Project Number: J09-34792(Oak Park Heights City Hall/PW) lighting controls SITE REPORT (May 27-28 2010) To: Jeff Swenson,Andrew Kegley Service Technician: Elvis Bazelli 1) First had a look at all the panels on site. Panels and low voltage devices are energized. Exterior photocells are located one for each building facing north and working properly. Checked all Douglas Low voltage devices on site. 2) Public Works building. a) All devices are one line.Connection thru laptop with 2150 Network Manager was done successfully.All devices are on line and communication is very good. Checked light level and photocell response is very quick. Programmed photocell for exterior lights. b) Tested motion sensors and all working. Programmed for 5 min and microphone for 50%. c) Added new schedules as per Public works request. Photocell enabled at 6:00 AM. Time schedule for the rest of the building OFF at 10:00 PM. d) Changed the IP address to 192.168.101.78 sub mask 255.255.255.0 with default gateway 192.168.101.50. Tested connection at the remote computer in the office. e) Everything is working properly. 3) City Hall building. a) All devices showed on line. Photocell reading response was good. b) Programmed time schedules as per city hall request.Time schedules consist on 3 different OFF times 5:00PM, 7:00PM, 10:00PM. Photocell enabled at 6:00 AM. c) Pole lights are on time out mode for 30 min for the duration of night with a time out cancel early in morning. Some relay descriptions are corrected to proper ones. d) Tested switches and motion sensors.All working properly,confirmed by contractor as well. e) Changed the IP address to 192.168.101.79 sub mask 255.255.255.0 with default gateway 192.168.101.50. Tested connection at the remote computer in the office. f) Everything is working properly. 4) Training was done at Public Works building with participants: a) Jeff Swenson-Gephart Elec.Co b) Andrew Kegley- Public Works Director • l ' Training consisted of Introduction, Equipment Location, Description of Equipment and it is purpose, Design criteria, Detailed operation of 2150 Network Manager and its functions(creating groups, schedules firing relays in real time, etc). Training was done successfully. 5) Overall wiring on site was well done by contractor. Pole lights are not installed on site but relays controlling these lights were tested in real time and working properly on time out mode. 6) Monitored the lights during night time by visiting the site and they do follow the schedule properly. 7) Per contractors request one side barrier is required on site to cover empty relay spaces. 2 network crossover cables were missing,to be sent on site. Updated panel schedules for panel doors. Elvis Bazelli Jeff Swenson Andrew Kegley Eric Johnson Douglas Lighting Controls Gephart Elec.Co Public Works Director City Admin. /� Page 2 of 2 -■ BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 May 28,2010 City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights,MN 55082 Attention: Mr. Eric A.Johnson,AICP City Administrator Re: City Hall Facility BA#0822 Invoice #10175-0822 Statement of ARCHITECTURAL SERVICES rendered on the above referenced project from May 1, 2010 through May 28, 2010 per our contract dated June 11, 2008, e-mail letter dated April 20,2009 and revised April 21,2009 as agreed: Revised Lump Sum Fee $575,000.00(including reimbursables paid through March 31 and Geothermal Fee paid through March 31,2009) Work complete to date through Bidding (85%)$488,750.00 PAID Construction Administration Phase (15%) $86,250.00 Work complete to date (93%) $80,212.50 Less billed to date 75,900.00 $ 4,312.50 TOTAL AMOUNT DUE THIS INVOICE $4,312.50 BUETOW & ASSOCIATES,INC. Payments are due an d payable 2 0 days f rom the date of the invoice. Amounts unpaid 30 days after the invoice date shall bear interest at the rate of 1.5 % per month. tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com DOUGLAS Douglas Lighting Controls Project Number J09-34792(Oak Park Heights City HaWPW) lighting controls SITE REPORT (May 27-28 2010) Ta Jeff Swenson,Andrew Kegley Service Ter:hidden: Elvis Bezeldl 1) First had a look at all the panels on site.Panels and low voltage devices are energized. Exterior photocells are located one for each building facing north and working properly.Checked all Douglas Low voltage devices on site. 2) Public Works building. a) All devices are one line.Connection thru laptop with 2150 Network Manager was done successfully.AU devices are on line and communication is very good. Checked light level and photocell response is very quick. Programmed photocell for exterior lights. b) Tested motion sensors and all working.Programmed for 5 min and microphone for 50%. c) Added new schedules as per Public works request Photocell enabled at 6:00 AM. Time schedule for the rest of the building OFF at 10:00 PM. d) Changed the IP address to 192.168.101/8 sub mask 255.255.255.0 with default gateway 192.168.101.50. Tested connection at the remote computer in the office. e) Everything is working properly. 3) City Hall building. a) All devices showed on line_Photocell reading response was good. b) Programmed time schedules as per city hail request.Time schedules consist on 3 different OFF times 5:00PM, 7:00PM, 10:00PM.Photocell enabled at 6:00 AM. c) Pole lights are on time out mode for 30 min for the duration of night with a time out cancel early in morning. Some relay descriptions are corrected to proper ones. d) Tested switches and motion sensors.AU working property,confirmed by contractor as well. e) Changed the IP address to 192.168.101.79 sub mask 255.255.255.0 with default gateway 192.168.101.50. Tested connection at the remote computer in the office. f) Everything is working properly. 4) Training was done at Public Works building with a) Jeff Swenson-Gephart Elec.Co b) Andrew Kegley- Pubic Works Director } Training consisted of:Introduction,Equipment Location,Description of Equipment and it is purpose,Design criteria, Detailed operation of 2150 Network Manager and its functions(creating groups,schedules fling relays in real time, etc). Training was done successfully. 5) Overall wiring on site was well done by contractor. Pole lights are not installed on site but relays controlling these lights were tested in real time and working properly on time out mode. 6) Monitored the lights during night time by visiting the site and they do follow the schedule properly. 7) Per contractors request one side barrier is required on site to cover empty relay spaces. 2 network crossover cables were missing,to be sent on site. Updated panel schedules for panel doors. Elvis Bazelli Jeff Swenson Andrew Kegley Eric Johnson • , Lighting Controls Gephart Elec.Co Public Works Director City Admin. , .:::: ...A...tre_...,... __ 14_ lior i Page 2 of 2 Rx Date/Time MR9-12-2010(4ED) 10:01 16414248970 P. 001 MAY/12/2010/WED 10:15 AM Curries FAX No, 16414248970 P, 001/001 C'CURRIES L 1 ASSA ABLIOY May 12, 2010 Pat Keefe Straughan Hardware 2200 E 25th Street Minneapolis, MN 55404 Re: Oak Park Heights City Hall • Dear Pat: This letter Is to certify to you that CURRIES standard steel frames supplied for the above mentioned job are made of the same materials and are of the same component construction as CURRIES labeled fire frames, Best regards, • CURRIES W20/4/1,,ii • Molly Goetzlnger Customer Service Professional • CURRIES 1502 12th Street NW • Mason City,IA 50401-1814 Mailing Address: P.O. Box 1648• Mason City, IA 50402-1648 Phone: 641-423-1334• Fax: 641-424-8305•Website: www.curries.com. ASSA ABLOY,the global leader in door opening solutions Rx Date/Time MRY-12-20I0(UED) 10:01 16414248910 P. 001 MAY/12/2010/WED 10:15 AM Curries FAX No, 16414248970 P. 001/001 'CURRIES • 1 ASSA ABL OY May 12, 2010 Pat Keefe Straughan Hardware 2200 E 25th Street Minneapolis, MN 55404 Re: Oak Park Heights City Hall Dear Pat: This letter is to certify to you that CURRIES standard steel frames supplied for the above mentioned job are made of the same materials and are of the same component construction as CURRIES labeled fire frames. Best regards, CURRIES `020/1/1,.‘' Molly Goetzinger Customer Service Professional • CURRIES 1502 12th Street NW • Mason City,IA 50401-1814 Mailing Address: P.O.Box 1648• Mason City,IA 50402-1648 Phone: 641-423-1334• Pax: 641-424-8305•Website: www.currles.com ASSA ABLOY,the global leader in door opening solutions Subject: FW: Oak Park Heights City Hall - 9-2-10 Field Visit Date: Wednesday, September 8, 2010 12:08 PM From: Randy Engel <randy_engel @buetowarchitects.com> To: "Eric A. Johnson" <eajohnson @cityofoakparkheights.com> Cc: Eric Meyer <emeyer @larsonengr.com> Conversation: Oak Park Heights City Hall - 9-2-10 Field Visit September 8, 2' 10 Eric: Last week you mentioned that the North Bio-Retention Basin was full, drained into the adjoining wetland and asked why: The Civil Engineer visited the site late last week to look at the North Bio-Retention Basin and advised that it is designed in accordance with the watershed district rules and is functioning [properly. Glen Schlichte of Jorgenson has advised that the landscaping work (i.e., seeding, staking and erosion control) is being repaired/replaced. Please read below and see attached images. Please contact me with comments and questions. Randy Engel Forwarded Message From: Eric Meyer <emeyer @larsonengr.com> Date: Thu, 2 Sep 2010 17:29:49 -0500 To: Randy Engel <randy_engel @buetowarchitects.com> Conversation: Oak Park Heights City Hall - 9-2-10 Field Visit Subject: Oak Park Heights City Hall - 9-2-10 Field Visit Randy, Attached are photos of the northerly bio-retention basin taken on September 2, 2010. With more of our site connected to the storm sewer leaving the site to the southwest, the northerly bio-retention basin is smaller to allow for more runoff into the wetland. The development was required to maintain the amount of water going to the wetland to minimize any impacts. However, with this summer being an overly rainy season, there is more water going to the wetland than in previous years, but it should be less than if we had not done any construction. The main purpose of the northerly basin is provide treatment of the runoff before it goes to the wetland and not to stop it from going to the wetland. The first pond design, north of the trail was a traditional large treatment pond. Since there were special plants in that area and the city engineer determined the westerly ponds had additional capacity, the smaller northerly treatment pond was designed. There is approximately 15% more site runoff that goes to the existing westerly ponds with those piping changes which amounts to 25%-50% reduction in runoff volume to the wetland. If you have any questions, please let me know. Eric G. Meyer, P.E. Senior Design Engineer Larson Engineering, Inc. 3524 Labore Road White Bear Lake, MN 55110-5126 1 ✓ 651.481.9120 Fax: 651.481.9201 Direct: 651.255.0324 Cell: 651.270.8059 emeyer @larsonengr.com www.larsonengr.com <http://www.larsonengr.com/> -� Larson WIN This email is the property of Larson Engineering, Inc. All material contained herein and any accompanying documents are confidential, may be privileged, and are intended solely for the person and/or entity to which it is addressed. Unauthorized review, use, disclosure, or copying of this communication, or any part thereof, is strictly prohibited and may be unlawful. If you have received this email in error, please return it with any attachments to the sender and promptly delete the message, any attachments and/or copy from your system. Thank you for your cooperation. 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'--'' s-, ' .,,,,,, = ..••. : • ,..ir s,r =, ,.:, :. .••• ......— . -, . ,t-i. tA,..r,,:. ...,,,,,'*--).-', •••••. , •=•; (... = :• i+ i ,'0' ,,,',.• ;',: ' , f/ii . , • . - , ,• ,•, -- -,=,..--A. • , , 4, . .11, •-,:p',.,t: • ;;,, . `...,, ,i, 4 , • '..i., ,,,,, ; _ ( ':::4 t .- ".•-401:: *;''''fk..,'',1 .`el. ., * ..*,-‘,:"..,. ,....4,-,..4)„.,7.-• ..,,'..,.'_ "."'.4, 1' ,lrf .--..` •,!.,4t. 'Ad '.k'' '';:' ' ' ' - .". 1,, 1 , •A- 1 , t; ',.14 .4 ' ', , 4 ---- '';I:r.- --. " • .ikyi, ' 'i Vi,w ' -: ' BUETOW AND ASSOCIATES INC AN ARCHITECTURAL.SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 Tax Deduction to Architects for Energy Efficient Building Design In 2005 the Energy Policy Act was signed into Law. The Legislation contained an incentive in the four of a tax deduction, under Section 179D of the Internal Revenue Code, for owner investments in commercial building energy efficiency. The deduction of up to $1.80 per square foot was available for new or remodeled buildings that saved at least 50% of the energy cost of a building that meets ASHRAE Standard 90.1-2001. These deductions were for buildings placed in service from January 1, 2006 through December 31, 2008. In 2008, under the Tax Incentives Assistance Project (TIAP), the IRS issued new guidance that, for government—owned buildings, the tax deduction may be taken by the building designer. Governments are not taxed and hence the tax deduction has no value to them. Also, in 2008, the law was amended to provide deductions for buildings placed in service from January 1, 2006 and extended through December 31, 2013. An Energy Certification Study must be done by independent licensed engineers including a field inspection of the building to confirm that it has met the savings goals. We have entered into an agreement with Engineered Tax Services, located in Florida, to provide these services. They have been working very closely with the American Institute of Architects to assist with the legislation and to help architects across the country to receive this stimulus benefit for helping Owners achieve energy savings. Please note that the tax deduction is not a tax credit (an amount directly subtracted from the tax owed) but a deduction (an amount subtracted from gross taxable income) to reduce the taxes paid in a given year based on the taxpayers effective tax rate. As stated in the IRS notice, "An allocation of the 179D deduction to the designer of the government-owned building must be in writing and will be treated as satisfying the requirements of this section with respect to energy efficient commercial building property". tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com =Engineered ETS Services THE _�S ENERGY ADVANTAGE • Where Engineering and Accounting Come Together.. Commitment to Excellence June 23,2010 Thomas W. Dunwell,AIA,CID President/CEO Buetow&Associates,Inc. 2345 Rice Street Suite 210 St.Paul,Minnesota 55113 RE:Engagement Letter Energy Policy Act of 2005 Dear Mr. Dunwell, Engineered Tax Services,Inc.("ETS")is a professionally licensed and insured engineering firm with national expertise in engineering tax studies. These services are related to the engineering analysis,engineering calculations and necessary functions(see deliverables)relative to an Energy Certification Study/Review per the Energy Policy Act of 2005. IRS Notice 2006-52 and 2008-40 provides a process that allows a taxpayer who owns a commercial building and installs property as part of the commercial building's interior lighting systems, heating, cooling, ventilation, and hot water systems, or building envelope to obtain a certification that the property satisfies the energy efficiency requirements of§179D(c)(1)and(d)of the Internal Revenue Code. Notice 2006-52 and 2008-40 also provides for a public fist of software programs that may be used in calculating energy and power consumption for purposes of§ 179D which are used by Engineered Tax Services.This notice sets forth additional guidance relating to the deduction for energy efficient commercial buildings under§179D and is intended to be used with Notice 2006-52 and 2008- 40.Any reference in this notice to Standard 90.1-2001 should be treated as a reference to ANSI/ASHRAE/IESNA Standard 90.1-2001, Energy Standard for Buildings Except Low-Rise Residential Buildings,developed for the American National Standards Institute by the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America (as in effect on April 2, 2003, including addenda 90.1a-2003, 90.1b-2002, 90.1c-2002, 90.1d-2002, and 90.1k-2002 as in effect on that date). Section 1331 of the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat.594(2005), enacted§179D of the Code,which provides a deduction with respect to energy efficient commercial buildings.Section 204 of the Tax Relief and Health Care Act of 2006, Pub. L. No.109-432,120 Stat.2922(2006),extends the§179D deduction through December 31,2013. Section 179D(a)allows a deduction to a taxpayer for part or all of the cost of energy efficient commercial building property that the taxpayer places in service after December 31,2005,and before January 1,2014. Sections 179D(d)(1)and 179D(f)allow a deduction to a taxpayer for part or all of the cost of certain partially qualifying commercial building property that the taxpayer places in service after December 31, 2005, and before January 1, 2014. Partially qualifying commercial building property is property that would be energy efficient commercial building property but for the failure to achieve the 50-percent reduction in energy and power costs required under§179D(c)(1)(D). In the case of energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under§ 1790)that is installed on or in property owned by a Federal,State, or local government or a political subdivision thereof,the owner of the property may allocate the•§ 179D deduction to the person primarily responsible for designing the property (the designer). If the allocation of a § 179D deduction to a designer satisfies the requirements of this section, the deduction will be allowed only to that designer.The deduction will be allowed to the designer for the taxable year that includes the date on which the property is placed in service. engineering+accounting+energy enhanced profits 1 Renewable Energy and Energy Efficiency Tax Incentives Full Text of Tax Incentive Legislation Energy Policy Act of 2005(EPACT) P.L. 109-58.The tax provisions are located in Title XIII. Emergency Economic Stabilization Act of 2008 (EESA)P.L. 110-343.The tax provisions are located in Titles I,II,and III of Division B,the Energy Improvement and Extension Act of 2008. American Recovery and Reinvestment Act of 2009 (ARRA)P.L. 111-5.Conference Report with full text of the act(H.R. 1,as passed,P.L. 111-5) and the Joint Explanatory Statement.The tax provisions are located in Division B,Title I. Federal Incentives This section lists and describes several resources that contain information about federal incentives available to support energy efficiency and renewable energy. Tax Incentives Assistance Project(TIAP) http://www.energytaxincentives.org/ This website is sponsored by a number of government agencies,nonprofit groups,and other organizations.It focuses solely on information about federal tax incentives.Information is organized into categories for consumers,businesses,and builders/manufacturers.The site includes updates about enacted federal legislation and provides links to Internal Revenue Service (IRS)tax forms. Environmental Protection Agency (EPA)Energy Star http://www.energystar.gov/index.cfm?c=products.pr_tax_credits This website has a page on"Federal Tax Credits for Energy Efficiency."The information on that page is organized into categories for consumers (home improvements,cars,solar energy,fuel cells),home builders,appliance manufacturers,and commercial buildings.The site includes a frequently asked questions (FAQ) section providing answers about energy efficiency tax credits. Department of Energy (DOE)Financial Opportunities http://wwwl.eere.energy.gov/financing/ This website is focused mainly on information about matching funds,grants,and financing. Information is organized into categories for consumers,business/industry/universities,inventors (small business),federal energy managers,states,and Native American tribes.The site includes a section on energy efficiency and consumer home financing. U.S.Department of Energy Alternative Fuels and Advanced Vehicles Data Center(AFDC) http://www.eere.energy.gov/afdc/ This website presents information about incentives for alternative fuels(renewable fuels and others) and vehicles.A key link provides access to"State and Federal Incentives and Laws." Incentives covered include grants,tax credits,loans,rebates,regulatory exemptions,fuel discounts,and technical assistance.Information on state incentives is made available through a Congressional Research Service 1 me p 1 � .--,COMMERCIAL BUILDINGS ' - r r•,t 1 3..- E• 0 • *4' '''' 5x 7jAW DEDUCTION iCOALITION , ..‘.1-'--,;::4:-,, - Ii _ 11 F { 22- taA-.+ 6.'.1'tF\ •T t` . h, `Y s -.01 W f interior hohtino Heating Cooling Ventilation ,` Hot water systems Building envelope About the Provision About the Provision Related Rules and Links r Introduction ' Caali ion Members = On August 8, 2005, history was made when President George W. Bush f �' __ signed H.R. 6, the Energy Policy Act of 2005. The legislation set a fr Pi s,�°!0 ii precedent by containing a market transformation incentive in the form Resource organizations j�„ `�� of a tax deduction for owner investments in commercial building 411 ' liy ,:i'. energy efficiency. Legislative Update " , -4'' The Energy Policy Act of 2005 establishes a new deduction for Press Room expenses incurred for energy-efficient commercial building property. The deduction is equal to energy-efficient commercial building property expenditures made by the taxpayer, subject to a cap. This document describes the tax deduction provision in Success Stories general. Nothing in this material should be construed as a substitute for consultation 1 with a qualified tax professional. Contact Us An Overview of Section 1331 of H.R. 6, the Energy Policy Act of 2005 Site Map (Public Law 109-58) 1 � �` Home _ W 1 ,s "*z 41_1 0... Frequently Asked Questions: ions' How should a taxpayer claim the section 179D deduction relating to energy efficient commercial buildings? 1 What types of buildings will qualify? What types of expenditures will qualify? What is the tax deduction amount? Are there certification requirements and if so, what are they? How will calculation design methods impact various technologies? Will there be inspections of buildings to determine compliance? Who will do them? Do public buildings qualify for this tax deduction? Are partial deductions allowed for building subsystems instead of a whole building deduction? What are the prescriptive rules for lighting projects? What is the effective date for taking advantage of this tax deduction? After the deduction is taken how is the remaining asset value handled? Are garages eligible for the deduction? ■ 5. Designs utilizing semi-conditioned spaces that maintain adequate comfort conditions without air conditioning or without heating; 6. Improved fan system efficiency, including reductions in static pressure; 7. Advanced unloading mechanisms for mechanical cooling, such as multiple or variable speed compressors; 8. On-site generation of electricity, including combined heat and power systems, fuel cells, and renewable energy generation such as solar energy; or 9. Wiring with lower energy losses than wiring satisfying Standard 90.1-2001 requirements for building power distribution systems. The calculation methods may take into account the extent of commissioning (the initial operability of a system) in the building, and allow the taxpayer to take into account the amount of system performance that may exceed typical performance. IRS issued guidance on March 12, 2008 regarding these energy savings technologies. back to questions Will there be inspections of buildings to determine compliance? Who will do them? IRS Notice 2006-52 requires inspectors to be engineers or contractors licensed in the jurisdictions where the building is sited. Inspections must meet guidelines of the National Renewable Engineering Laboratory. back to questions Do public buildings qualify for this tax deduction? For energy-efficient commercial building property expenditures made by a public entity, such as public schools, the IRS issued guidance on March 12, 2008 that allows the deduction to be allocated to the person primarily responsible for designing the property in lieu of the public entity. back to questions Are partial deductions allowed for building subsystems instead of a whole building deduction? In the case of a building that does not meet the whole building requirement of a 50 percent energy savings, a partial deduction is allowed with respect to each separate building system that comprises energy-efficient property and which is certified by a qualified professional as meeting or exceeding the applicable system savings targets established by the secretary of the treasury. The applicable system savings targets to be established by the secretary are those that would result in a total annual energy savings of 50 percent for the whole building, if each of the separate systems met the system target; note that the maximum allowable deduction is $0.60 per square foot. The separate building systems are the: 1. Interior lighting system; 2. Heating, cooling, ventilation, and hot water systems; and 3. Building envelope. IRS modified the June 2006 targets on March 2008. The new subsystem targets are 20% interior lighting, 20% HVAC & hot water, and 10% building envelope. back to questions What are the prescriptive rules for lighting projects? Building owners are encouraged under the law to focus first on lighting systems for two reasons: first, their ease and availability of upgrading, and second, the known achievements in energy efficiency that will be gained. In the case of a lighting system (including the retrofit of an existing system), the system energy savings target for the lighting system is deemed to be met by a reduction in lighting power density of 40 percent (50 percent in the case of a warehouse) of the minimum requirements in Table 9.3.1.1 or Table 9.3.1.2 of ASHRAE/IESNA Standard 90.1-2001 (as in effect on April 2, 2003). In the case of a lighting system that reduces lighting power density by 25 percent, a partial deduction of$0.30 per square foot is allowed. A pro-rated partial deduction is allowed in the case of a lighting system that reduces lighting power density between 25 and 40 percent. Certain lighting level and lighting control requirements must also be met in order to qualify for the partial interim lighting deductions. back to questions r--pporr- What is the effective date for taking advantage of this tax deduction? The provision is effective for property placed in service after December 31, 2005, and prior to January 1, 2014. back to questions After the deduction is taken how is the remaining asset value handled? As stated in the provision, the basis of the property is reduced by the deduction amount and the remaining asset value is depreciated over its tax life for the class of property. back to questions Are garages eligible for the deduction? Yes, parking garages are a space type covered by ASHRAE 90.1. In March 2008, IRS also added 'unconditioned garages' as elgible. back to questions Are churches eligible for the deduction? No. Although religious buildings are in 90.1 and they don't pay taxes, they are not government buildings, so churches don't qualify. back to questions If a building were designed to a newer building standard, wouldn't it already satisfy the conditions for the tax deduction? Not likely. Although lighting power densities in, for example, ASHRAE 90.1-2004 are almost low enough to satisfy the interim lighting LPDs, the lighting controls requirements of the interim lighting provision go beyond those of 90.1-2004. During the development of the legislation care was taken to insure that"free riders" would be minimal. back to questions What if a commercial building tenant performs a retrofit that would meet the energy savings, would they get the deduction? Is the deduction for privately owned buildings restricted to the owner or can a management company or a tenant in a leased space take advantage of the deduction? The tax deduction is to be given to the owner of the lighting system. Do you believe this enables ESCOs, if they own the lighting system until the end of their performance contracts, to claim the tax deduction for themselves as the legal owner of the lighting system? Could the building owner even do it legally if the ESCO is the owner under the performance contract? Unfortunately, as in many matters of tax law, the question is not Necessarily clear. The person who gets the CBTD deduction is the person who owns the property for tax purposes. Although in many, if not most instances, a tenant improvement will revert to the landlord as the end of a lease, the property is not necessarily owned by the landlord for tax purposes. It is a question of fact and the determination depends on the arrangements between the parties. If the tenant pays for the investment, constructs it according to its owns specs, and there are no concessions in the lease or from the landlord, it is likely that the tenant will be the owner of the improvements for tax purposes and eligible to claim the CBTD deduction. Fortunately, this is a question that arose under the tax law before the enactment of the CBTD. In the case of tenant improvements, the tenant and landlord would have to determine who is the tax owner for purposes of claiming depreciation deductions in nay event. The CBTD does not change that determination. The CBTD simply provides a more beneficial deduction that that normally provided by depreciation. The analysis is the same regarding improvements in government buildings. If the contractor is the owner for tax purposes, it can claim the CBTD. Whether a private person can be an owner of property with respect to a government building under the applicable local law is a factor that would have to be taken into account in determining who is the owner for tax purposes. back to questions Does the accelerated tax deduction cover the complete cost of the lighting, including installation labor, or does it only include the cost of purchasing the equipment? What are the components of the "cost" that can be written off? _ .1...-_ 1. '� ''- a' 3 w 6 A, '�•st i .gyp,,,a,,-.4 x .,r nA9 ,t(! ,,,,.74:91 - D , t •0--.0.-L 2^ x - r- 77" f T ' ', ii§.G7-114111 ,'''r -. .1","1"" 4." '--6 ..vliga . - -; Allifis;--j1, '' • * ':•-•-n4-'''-'-'-':!' ).- -f r The Tax Incentives Assistance Project (TIAP) www.energytaxincentives.org Home New Guidance Issued March 2008, Click Here for Details Consumers (en espan°l' Business Tax Incentives Businesses Commercial Buildings Commercial Buildings Commercial Vehicles Combined Heat and What is the tax incentive for commercial buildings? Power A tax deduction of up to$1.80 per square foot is available to owners or tenants(or designers,in the case of On-Site Renewables government-owned buildings)of new or existing commercial buildings that are constructed or reconstructed Fuel Cells 8/ to save at least 50%of the heating, cooling,ventilation,water heating, and interior lighting energy cost of a Microturbines building that meets ASHRAE Standard 90.1-2001. Only buildings covered by the scope of ASHRAE Standard 90.1-2001 are eligible. Partial deductions of$.60 per square foot can be taken for improvements to Builders/Manufacturers one of three building systems that reduce total heating, cooling,ventilation,water heating and interior lighting General Information energy use by a certain percentage below ASHRAE 90.1-2001—the building envelope(10%), lighting (20%),or heating and cooling system(20%).An interim system-specific goal for lighting is provided directly About TIAP in the legislation and is valid until the IRS issues a final regulation.The interim lighting provision allows =Contact Us prororated deductions from 30 cents to 60 cents per square foot for lighting systems as described below. - _ - = These deductions are available for buildings or systems placed in service from January 1,2006,through -- = December 31, 2013. _.._ _ •�---- Who is eligible for the incentives? __� The person or organization that makes the expenditures for construction is generally the recipient of the - allowed tax deductions. This is usually the building owner, but for some HVAC or lighting efficiency projects, it could be the tenant. For government-owned buildings,the deduction may be taken by the building or system designer. Click here for the complete IRS rules. What are the incentives and how do they work? _ —= The builder(or designer in the case of publicly-owned buildings)can take the deduction in the year the property was placed in service.The building or system must be certified, with inspection and testing,as — meeting the energy cost savings goal according to guidance issued by the IRS in consultation with the — =_ _._. - --- Department of Energy(a link to this guidance is provided below). T Key provisions in the guidance include the following: _—_ -_,__ _ . s • Certifications must be done by"qualified individuals",Qualified individuals must be licensed engineers or contractors, not be"related"to the taxpayer taking the deduction(as defined by the IRS),and self-certify to the taxpayer that he or she has qualifications to provide the certification. _ • Certifications for energy savings shall be in accordance with the procedures in Appendix G of _ - = ASHRAE Standard 90.1-2004,supplemented with several provisions in the 2005 California Title =—---__ _=--=_ 24 Nonresidential Alternative Calculation (ACM)Approval Manual.Generally calculations will be -= _ done by computer software.Software must be on a list of products approved by the U.S. Department of Energy. • The certification must include a field inspection of the building after the building is placed in service to confirm that the building has met the savings goals. Specific inspection and testing procedures have been developed by the National Renewable Energy Laboratory and can be downloaded by clicking here. • Certifiers must also provide the building owner with an explanation and list of the energy VW efficiency features of the building and the projected annual energy costs. For lighting systems, until the IRS issues a final rule,the law specifies that a deduction of$0.30 per square _ = = foot can be taken if the lighting system employs dual switching(ability to switch roughly half the lights off and still have fairly uniform light distribution) and reduces installed lighting power by at least 25%from values specified in specific cited tables in ASHRAE Standard 90.1-2001.As lighting power reductions climb from 25%to 40%,the deduction is increased proportionally, up to$0.60 for a 40%power reduction(plus the dual switching).This prorated credit does not apply to warehouse lighting. For more information on the commercial lighting tax incentive,see LightingTaxDeduction.org and = AdvancedBuildings.net. What do I have to do to qualify for the incentives? Follow the guidance issued by IRS-a link is provided below. For a taxpayer,they will need to know the square footage of the building(the IRS guidance explains how to calculate this), when the building was - ��• 'R' placed in service,and have a certification from a qualified individual stating which targets have been met A 1 a x : ,; I f 0,` III _I I( _ The Tax Incentives Assistance Project (TIAP} ititivw.energytaxincentives.org Home Consumers (en espairor) IRS Regulations Businesses Commercial Buildings Builders/Manufacturers General Information March 2008 IRS Rule on Commercial Building Deduction For Program In March 2008 the IRS released new rules clarifying several aspects of the commercial building energy Implementers efficiency tax deduction. Earlier regulations had spelled out most aspects of how this program works(click State&Utility here for an overview);these new regulations address a few new issues and clarify several aspects of the old Incentives regulations. The new regulations: Legislation • Specify the procedures under which owners of government buildings can assign the tax Rules and Regulations deduction to the primary building designer. Governments are not taxed and hence the tax deduction has no value. Most designers are private entities that are taxed and hence the tax TIAP Recommendations deduction has value to them. Frequently Asked • Provide additional details on approved software programs that can be used to demonstrate that • Questions energy-saving targets have been met. About TIAP • Provide for simplified certification procedures for lighting-only improvements under the"interim Contact Us lighting rule" specified in the earlier regulations. - • Revise the energy saving percentages for partially qualifying property.The old rules required = 16.67%whole building savings for an envelope system,a HVAC system,or a lighting system to qualify for the partial deduction(link here to the section of our earlier writeup on this). The new =_ _s_ - rules allow 10%whole building savings for an envelope system to qualify, and 20%whole building savings for a HVAC or lighting system to qualify. In 2008, building owners may use either the 16.67%or 10-20-20% allocation.The IRS has said that if Congress extends the -- - commercial building tax deduction into 2009,only the 10-20-20%allocation can be used at that time. Previous Guidance June 2006:the Treasury Department and the Internal Revenue Service(IRS) released a"Guidance Notice" for claiming tax incentives for energy efficient improvements to commercial buildings.This information is summarized on the TIAP Commercial Buildings page. TIAP is also making available the full text of the new IRS Guidance Notice: Notice 2006-52, Deduction for Energy Efficient Commercial Buildings Please check the TIAP web site for future updates and the latest — - information on the energy efficiency tax incentives. = Residential Guidance IRS Notice 2009-53,issued June 1,2009, provides guidance regarding'nonbusiness energy property,' __-T: — - superseding previous IRS guidance in light of recent changes to the credits. It also clarifies some regulations related to items eligible for the credit and manufacturers'certification of eligible products.This notice also includes transition rules to provide taxpayers with guidance concerning the interaction of the effective date and timing provisions of the Energy Policy Act,the Energy Improvement and Extension Act, and the - American Recovery and Reinvestment Act.The publication of this notice provides specific information that taxpayers and manufacturers can rely upon in claiming the credit or certifying eligible products. !" For property placed into service before January 1,2008,the original IRS guidance applies: • Notice 2006-26, Credit for Nonbusiness Energy Property — = • Notice 2006-53, Clarification of Notice 2006-26 _� . _._ On Tuesday, February 21, 2006 the Treasury Department and the Internal Revenue Service(IRS)released "Guidance Notices"on claiming tax incentives for new energy-efficient home construction and new energy- = _ efficient manufactured housing. Keep in mind that subsequent legislation altered the tax incentives -__ -_-= discussed in the original guidance. These are available for downloading (PDF format)as follows: • Notice 2006-27, Certification of Energy Efficient Home Credit • Notice 2006-28, Energy Efficient Home Credit, Manufactured Homes Passenger Vehicles On January 13, 2006,the IRS released a"Guidance Notice"on tax credits for light-duty hybrid and diesel _:- - vehicles.To date,the IRS has released notices acknowledging that some Honda,Toyota, Lexus, Ford, Current Internal Revenue Code, SEC. 179D. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION. .11ttp rod.resource.cch.com/resource/scion/document/default/%28%40%40INR01+S179D %29inr0109013e2c83dc44e5?cfu=TAA 179D(a)IN GENERAL.- There shall be allowed as a deduction an amount equal to the cost of energy efficient commercial building property placed in service during the taxable year. 179D(b)MAXIMUM AMOUNT OF DEDUCTION.- The deduction under subsection(a)with respect to any building for any taxable year shall not exceed the excess(if any)of- 179D(b)(1) the product of- 179D(b)(1)(A) $1.80,and 179D(b)(1)(B) the square footage of the building,over 179D(b)(2) the aggregate amount of the deductions under subsection(a)with respect to the building for all prior taxable years. 179D(c)DEFINITIONS.- For purposes of this section- 179D(c)(1)ENERGY EFFICIENT COMMERCIAL BUILDING PROPERTY.- The term"energy efficient commercial building property"means property— 179D(c)(1)(A) with respect to which depreciation(or amortization in lieu of depreciation)is allowable, 179D(c)(1)(B) which is installed on or in any building which is— 179D(c)(1)(B)(i) located in the United States,and 179D(c)(1)(B)(ii) within the scope of Standard 90.1-2001, 179D(c)(1)(C) which is installed as part of- 179D(c)(1)(C)(i) the interior lighting systems, 179D(c)(1)(C)(ii) the heating,cooling,ventilation,and hot water systems,or 179D(c)(1)(C)(iii) the building envelope,and 179D(c)(1)(D) which is certified in accordance with subsection(d)(6)as being installed as part of a plan designed to reduce the total annual energy and power costs with respect to the interior lighting systems, heating,cooling,ventilation,and hot water systems of the building by 50 percent or more in comparison to a reference building which meets the minimum requirements of Standard 90.1-2001 using methods of calculation under subsection(d)(2). 179D(c)(2)STANDARD 90.1-2001.-The term"Standard 90.1-2001" means Standard 90.1-2001 of the American Society of Heating,Refrigerating,and Air Conditioning Engineers and the Illuminating Engineering Society of North America(as in effect on April 2,2003). 179D(d) SPECIAL RULES.- 179D(d)(1) PARTIAL ALLOWANCE.- 179D(d)(1)(A)IN GENERAL.- Except as provided in subsection(f),if- 179D(d)(1)(A)(i) the requirement of subsection(c)(1)(D)is not met,but 179D(d)(1)(A)(ii) there is a certification in accordance with paragraph(6)that any system referred to in subsection(c)(1)(C)satisfies the energy-savings targets established by the Secretary under subparagraph (B)with respect to such system, then the requirement of subsection(c)(1)(D)shall be treated as met with respect to such system,and the deduction under subsection(a)shall be allowed with respect to energy efficient commercial building property installed as part of such system and as part of a plan to meet such targets,except that subsection(b)shall be applied to such property by substituting "$.60"for"$1.80". 179D(d)(1)(B)REGULATIONS.- The Secretary,after consultation with the Secretary of Energy,shall establish a target for each system described in subsection(c)(1)(C)which,if such targets were met for all such systems,the building would meet the requirements of subsection(c)(1)(D). 179D(d)(2)METHODS OF CALCULATION.- The Secretary,after consultation with the Secretary of Energy,shall promulgate regulations which describe in detail methods for calculating and verifying energy and power consumption and cost,based on the provisions of the 2005 California Nonresidential Alternative Calculation Method Approval Manual. 179D(d)(3) COMPUTER SOFTWARE.- 179D(d)(3)(A)IN GENERAL.- Any calculation under paragraph(2)shall be prepared by qualified computer software. 179D(d)(3)(B)QUALIFIED COMPUTER SOFTWARE.- For purposes of this paragraph,the term"qualified computer software"means software- 179D(d)(3)(B)(i) for which the software designer has certified that the software meets all procedures and detailed methods for calculating energy and power consumption and costs as required by the Secretary, 179D(d)(3)(B)(ii) which provides such forms as required to be filed by the Secretary in connection with energy efficiency of property and the deduction allowed under this section,and 179D(d)(3)(B)(iii) which provides a notice form which documents the energy efficiency features of the building and its projected annual energy costs. 179D(d)(4)ALLOCATION OF DEDUCTION FOR PUBLIC PROPERTY.- In the case of energy efficient commercial building property installed on or in property owned by a Federal,State,or local government or a political subdivision thereof,the Secretary shall promulgate a regulation to allow the allocation of the deduction to the person primarily responsible for designing the property in lieu of the owner of such property.Such person shall be treated as the taxpayer for purposes of this section. 179D(d)(5)NOTICE TO OWNER.- Each certification required under this section shall include an explanation to the building owner regarding the energy efficiency features of the building and its projected annual energy costs as provided in the notice under paragraph(3)(B)(iii). 179D(d)(6) CERTIFICATION.— 179D(d)(6)(A)IN GENERAL.- The Secretary shall prescribe the manner and method for the making of certifications under this section. 179D(d)(6)(B)PROCEDURES.-The Secretary shall include as part of the certification process procedures for inspection and testing by qualified individuals described in subparagraph(C)to ensure compliance of buildings with energy-savings plans and targets.Such procedures shall be comparable,given the difference between commercial and residential buildings,to the requirements in the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems. 179D(d)(6)(C)QUALIFIED INDIVIDUALS.- Individuals qualified to determine compliance shall be only those individuals who are recognized by an organization certified by the Secretary for such purposes. 179D(e)BASIS REDUCTION.- For purposes of this subtitle,if a deduction is allowed under this section with respect to any energy efficient commercial building property,the basis of such property shall be reduced by the amount of the deduction so allowed. 179D(f)INTERIM RULES FOR LIGHTING SYSTEMS.- Until such time as the Secretary issues fi nal regulations under subsection(d)(1)(B)with respect to property which is part of a lighting system- 179D(f)(1)INGENERAL.- The lighting system target under subsection(d)(1)(A)(ii)shall be a reduction in lighting power density of 25 percent(50 percent in the case of a warehouse)of the minimum requirements in Table 9.3.1.1 or Table 9.3.1.2(not including additional interior lighting power allowances)of Standard 90.1-2001. 179D(f)(2) REDUCTION IN DEDUCTION IF REDUCTION LESS THAN 40 PERCENT.- 179D(f)(2)(A)IN GENERAL.- If,with respect to the lighting system of any building other than a warehouse, the reduction in lighting power density of the lighting system is not at least 40 percent,only the applicable percentage of the amount of deduction otherwise allowable under this section with respect to such property shall be allowed. 179D(f)(2)(B)APPLICABLEPERCENTAGE.- For purposes of subparagraph(A),the applicable percentage is the number of percentage points(not greater than 100)equal to the sum of- 179D(f)(2)(B)(i) 50,and 179D(f)(2)(B)(ii) the amount which bears the same ratio to 50 as the excess of the reduction of lighting power density of the lighting system over 25 percentage points bears to 15. 179D(f)(2)(C)EXCEPTIONS.- This subsection shall not apply to any system- 179D(f)(2)(C)(i) the controls and circuiting of which do not comply fully with the mandatory and prescriptive requirements of Standard 90.1-2001 and which do not include provision for bilevel switching in all occupancies except hotel and motel guest rooms,store rooms,restrooms,and public lobbies,or 179D(f)(2)(C)(ii) which does not meet the minimum requirements for calculated lighting levels as set forth in the Illuminating Engineering Society of North America Lighting Handbook,Performance and Application,Ninth Edition,2000. • 179D(g)REGULATIONS.-The Secretary shall promulgate such regulations as necessary- 179D(g)(1) to take into account new technologies regarding energy efficiency and renewable energy for purposes of determining energy efficiency and savings under this section,and 179D(g)(2) to provide for a recapture of the deduction allowed under this section if the plan described in subsection(c)(1)(D)or(d)(1)(A)is not fully implemented. 179D(h)TERMINATION.- This section shall not apply with respect to property placed in service after December 31, 2013. § 179D Energy Tax Allocation In an effort to support energy efficiency and sustainable building, we are seeking certification under the Energy Policy Act (EPACT) that the following property meets an energy efficiency standard set forth in the Act. To do so,we need to verify the following basic information about the property: Property Information: The address of the building is: 14168 Oak Park Boulevard N. Oak Park Heights, MN The total cost of the property placed in service was: 6,400,000 The date the property was placed in service was: 5/14/10 Amount of Allocation under 179D: 100% Under penalties of perjury, I declare that I have examined this allocation letter, including any accompanying documents, and to the best of my knowledge and belief, the facts presented in support of this allocation are true, correct, and complete: Authorized Representative at the Property: Name: Eric A. Johnson 14168 Oak,,j�.rk Boulevard N. Address: Oak /J i.hts, MN 55082 Phone: 39 Si!nature: �,/r, i 1 Authorized Representative of the Designer: Name: Thomas W. Dunwell, AIA Company: Buetow & Associates, Inc. Address: 2345 N. Rice Street #210 Phone: (651) 483-6701 Si.nature: 1 s as i II 1.W it C C III 111-- IL. 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I i r 5i. ° C 311E it C ii 1 I • Cl) A CA rA rA 3 c c INVOICE BRAUN PLEASE REMIT TO Braun Intertec Corporation NW 7644 •P.O.Box 1450 N T E RT E C Minneapolis,Minnesota 55485-7644 (952)995-2000 •Fax(952)995-2020 • Tax I.D.#41-1684205 Project: SP-09-01319 -- Oak Park Heights City Hall Invoice#: 329278 Phase: Concrete Testing Consulting Services Detail Hours Rate Amount Concrete cylinder pick up 1.60 43.00 68.80 68.80 Non-Salary Expenses Detail Qty Rate Amount Compressive strength of 4 x 8"concrete cylinders(ASTM C 39), per unit 24.00 16.00 384.00 Trip charge 9.00 30.00 270.00 654.00 Phase : Phase:Concrete Testing 722.80 Phase: Masonry Testing Non-Salary Expenses Detail Qty Rate Amount Asphalt Content(ASTM D 2172/6307) 1.00 106.00 106.00 106.00 Phase: Phase:Masonry Testing 106.00 Phase: Pavement Observations&Testing Consulting Services Detail Hours Rate Amount Bit Observations/Testing 4,50 54.00 243.00 Proofroll Observations 5.00 76.00 380.00 623.00 Non-Salary Expenses Detail Qty Rate Amount Extracted aggregate gradation(ASTM D 5444) 1.00 80.00 80.00 Marshall density testing,triple specimen (ASTM D 6926) 1.00 140.00 140.00 Trip charge 4.50 30.00 135.00 355.00 Please pay from this invoice. Vmoms ISA MasterCard Terms: Due on receipt, 1 1/2%per month after 30 days, 18%annual percentage rate. We accept MM. FORM NO.B112-01(1/08) PROVIDING ENGINEERING AND ENVIRONMENTAL SOLUTIONS SINCE 1957. "age INVOICE B R All N PLEASE REMIT TO Braun Interfec Corporation NW 7644 •P.O.Box 1450 INTERTEC Minneapolis,Minnesota 55485-7644 (952)995-2000 •Fax(952)995-2020 Tax I .#41-1684205 Project: SP-09-01319 Oak Park Heights City Hall Invoice#: 329278 Phase : Phase: Pavement Observations&Testing 978.00 Phase: Earthwork Non-Salary Expenses Detail Qty Rate Amount Nuclear moisture-density meter charge, per hour 7.00 8.00 56.00 Standard Proctor Test(ASTM D 698) 1.00 128.00 128.00 Trip charge 4.00 30.00 120.00 Rush surcharge- Proctor test 1.00 32.00 32.00 336.00 Phase : Phase: Earthwork 336.00 Phase:Structural Steel Testing Consulting Services Detail Hours Rate Amount Fireproofing Obs/Testing 1.00 73.00 73.00 Level Ill NDE Services 1.00 102.00 102.00 Principal Engineer 1.50 148.00 222.00 Special Inspections Steel 18.00 65.00 1,170.00 1,567.00 Non-Salary Expenses Detail Qty Rate Amount NDE Trip charge 6.00 30.00 180.00 180.00 Phase : Phase:Structural Steel Testing 1,747.00 Total Project: SP-09-01319 -- Oak Park Heights City Hall 3,889.80 Please pay from this invoice. y- Mastercard Terms: Due on receipt, 1 1/2%per month after 30 days, 18%annual percentage rate. We accept swim= . FORM NO.B112-01(1/08) PROVIDING ENGINEERING AND ENVIRONMENTAL SOLUTIONS SINCE 1957. 'age 131111(NV ANI AN ARC'HIHEi l E:; tOPAPPN 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 March 10, 2011 Mr. Eric A. Johnson, A1CP, City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: Oak Park Heights City Hall Oak Park Heights, Minnesota BA#0822 Mr.Johnson: We agree that the total cost for the General Contractor to install the replacement of four (4) dimming ballasts with four (4) new electronic ballasts each in two of the Type H Lighting Fixtures located in the City Council Chamber is six hundred sixty seven ($667.00). That work and that six hundred sixty seven ($667.00) cost are identified in the City's March 8, 2011 resolution of Construction Change Directive Number Seven (dated February 14, 2011) with Jorgenson Construction. The General Contractor has installed those new electronic ballasts. The General Contractor must supply the removed dimming ballasts to Buetow and Associates, Inc. The City of Oak Park Heights will reimburse the General Contractor through Change Order Number Eight (dated March 8, 2011. Buetow & Associates, Inc. will reimburse the City of Oak Park Heights with a six hundred sixty seven ($667.00)payment. Sincerely, BCJET W ASSb4CIATES,INC. andy L. Eng41,RA, AS Vice President) tel 651 483-6701 fax 651 483-2574 www.buetowarchltects.com BUETOW AND ASSOCIATES INC _ AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 March 10, 2011 &{dot-V-a /. Mr. Eric A.Johnson, AICP City Administrator City of Oak Park Heights ;7/ . 14168 Oak Park Boulevard North /( d Oak Park Heights, MN 55082 �� % LL 7�T Re: Oak Park Heights City Hall �vJ Oak Park Heights,Minnesota BA#0822 Mr.Johnson: • We agree that the total cost for the General Contractor to install the replacement of four (4) dimming ballasts with four (4) new electronic ballasts each in two of the Type H Lighting Fixtures located in the City Council Chamber is six hundred sixty seven ($667.00). That work and that six hundred sixty seven ($667.00) cost are identified in the City's March 8, 2011 resolution of Construction Change Directive Number Seven (dated February 14, 2011) with Jorgenson Construction. The General Contractor has installed those new electronic ballasts. The General Contractor must supply the removed dimming ballasts to Buetow and Associates,Inc. The City of Oak Park Heights will reimburse the General Contractor through Change Order Number Eight (dated March 8, 2011. Buetow&Associates, Inc. will reimburse the City of Oak Park Heights with a six hundred sixty seven ($667.00)payment. Sincerely, ► SS IATES,INC. . •andy L.Eng-1,RA, AS Vice President • tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com mo C., . , i r ,- 4- _ „..,,,...wwi: .-I N.47:4-"17!.-7,114..".?:-.7.1,77.47,1„fr-71m5I05911',ailliell,::::-fit;I,' . :4L-414,10.-ittymti:.:.E.,-11,401,1111,1%**4 lilt.:iffirt-.1 � a$ s m O n o gg ,•0N 1 i .. 3 , '& ii s 2. cn CD PT' rn .�O N � ;LJl Z a : cn o t "^ ,e a V , ��. , 7� - d -,. . s 0 , s 1,-;,,' s a n � f £ 5 " VV W fD � " � `�g' s u B �O fa) t f.. C3 .1,3111.440-x,;74444T4PitWitt.i4('!:: t V O 1 cff �>r" t ?! L'`r'is't^ • a"lyyl�'+3`,M red o f am �▪ �tf Vritt r• ,A €` *? ° n N .z rm x aft"* s - "' � O j n a + g ? i o � • pia • ,=e �, � 0 yy i�.^{{cn izt J ✓ ..! / hk &� f fi, l E 4 X ., o i s ar i a�� vlrit: 0 to :ii.0�0 �¢ r d- Tn ior jig ols ii n4 �'-V 2 r ro *4351 a �. -�▪" '✓s'"r � x at 2a� cip p� 3 r �f e sit : � r et it xi s o r'7 q n a t n4 r o o �k brw r art �,r,�,✓ z tl anti"�¢� zt to m # 1! ra �� "Y ..i - r 3 r r.n 1 -,-. Lc _ ' s x "c rs �s r, a e p &f: Agf t` 2x O ffl " 5 .�. ✓n.xr xn n �i�' s- � �� b " n` '^ f •rt �r= ' �� r,, r'' f a rr V r n fa CD O� O r r rr ✓ > n so CiN `C N r i "i t, 3r O r C31 a ` r • ( r 3 ;.} BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suits 210 St. Paul, Minnesota 55113 March 10, 2011 Mr. Eric A. Johnson, AICP, City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: Oak Park Heights City Hall Oak Park Heights, Minnesota BA#0822 Mr. Johnson: We agree that the total cost for the General Contractor to install the replacement of four (4) dimming ballasts with four (4) new electronic ballasts each in two of the Type H Lighting Fixtures located in the City Council Chamber is six hundred sixty seven ($667.00). That work and that six hundred sixty seven ($667.00) cost are identified in the City's March 8, 2011 resolution of Construction Change Directive Number Seven (dated February 14, 2011) with Jorgenson Construction. The General Contractor has installed those new electronic ballasts. The General Contractor must supply the removed dimming ballasts to Buetow and Associates, Inc. The City of Oak Park Heights will reimburse the General Contractor through Change Order Number Eight (dated March 8, 2011. Buetow & Associates, Inc. will reimburse the City of Oak Park Heights with a six hundred sixty seven ($667.00) payment. Sincerely, 13\15 T 1 SS IATES,INC. (,) _ 'andy L. Eng=1, RA, AS Vice President tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com "fri,bbe. — 4/iffeo pcce,,e- (4,,,,a,-7 (She 49- 4,24&ezielj Akkca-- 1.4tA, 6/'v/it 4: 1. coecrte,t4 Sioc w $ `foe-04,13" " t?loivD 4 will be P i•R' kki citt.t.Jo-A W i lts eo egivirE tic i►vsvl�,/y� bot c itm-^4• 1, Pc4 ilcp /7c- S — /e/ih(f 6ifL — uwnu 4y Z :do n' �"yu.bfto k7 Atatat.0411- 11;1 ifecd pimps Pm Loi (0i oo�r�,l unet e is /f/vo/ Vii D) k P#� covior4sspc, d,_ f rib i,/s w 111 1 - conevis of a I Auk Sbcsc ,` -k c, }"t I' #2,— Covet!Ss ! / , Co 'k t+'' if 2- cti ch C04-r co i( (;oo,! 1-(1)6 e41:1) DaA E SYs 4—- Sa,A014 c 5 Secuat:tk s-y 4.44 I. la,t)t dooets 2. Yrehonce ttuaine” vechnolopie April 15, 2011 Reliance Business Technologies 6250 Sycamore Lane N,Suite 500 Maple Grove, MN 55369 Eric Johnson City Administrator 14168 N Oak Park Blvd Oak Park Heights, MN 55082 RE: Access Control System Dear Mr. Eric Johnson: Thank you for the opportunity to meet with you last Wednesday,4/13/11 to discuss your Access Control System. As a result of that meeting,we have agreed to extend the warranty period for the Access Control System to 10/1/11. At that time,we will review the service history and formulate a plan moving forward.The Access Control System includes the following parts: ACCESS CONTROL PARTS GMS-Solo(100 031 Pacom software-(1)Workstations Pacom 016) 1 64 Port Controller Pacom 400 050 027 1 Elevator Control Kit Pacom 300 050 006 1 Relay Output Card for Elevator Pacom 300 070 004 1 Single Door Reader Card Pacom 300 060 005 39 Door Controller Enclosure Pacom 900 200 007 39 HID Prox Proll Readers Vuance 5355-GRY HID Prox Proll w/keypad Pacom 300 081 009 12-volt Power Supplies for Door Reader Cards Appollo Appollo a '1 Long Range Reader Vuance ## 1 Batteries 12v7AH Appollo Appollo PP ollo 26 HID Prox FOBS HID 1346-LSSMN 50 Relay Suppression kit Appollo IN7001 Diode 39 Door Contact recessed-(provided by others) Others Others 39 Door Contact Overhead Door GE 2202AU 8 Panic Buttons Ademco 269 2 Per our conversation,you will release the remaining funds to complete the contract. Can this be taken care of by 5/1/11? Thank you for your assistance, it is appreciated. If you have any questions, please feel free to contact me. Sincerely, Dan Cady President Reliance Business Technologies Dynamic Extension 763-412-4242 (Office and Cell) 443 Lafayette Road N. tMINNESOTA DEPARTMENT OF (651) 284-5005 St. Paul,Minnesota 55155 1-800-DIAL-DLI www.dli.mn.gov LABOR 84 T Y TTY: (651)297-4198 April 20, 2011 City of Oak Park Hts 14168 Oak Park Blvd N Oak Park Hts MN 55082 ANNUAL OPERATING PERMIT Subject: PASSENGER Elevator ID#: ELV-19652 Site: Oak Park Hts City Hall 14168 Oak Park Blvd N Oak Park Hts MN 55082 Dear Sir/Madam: Minnesota Statutes Chapter 326B provides that the Department of Labor and Industry, Construction Codes and License Unit, Elevator Safety Section, issues annual operating permits for all related elevator equipment. The issuance of this permit does not necessarily mean that the elevator related device is in full compliance with all the rules of the department. It is the owner's responsibility to maintain and keep current with all tests in accordance with the ASME A17.1 and the ASME A17.3. Frequencies for the required tests can be found in Chapter 1307 of the Minnesota State Building Code. Failure to maintain and perform the required tests may result in revocation of the annual operating permit. For more information visit our website at: http://www.dli.mn.gov/ccld/elevator.asp NOTE: Operation of an elevator related device without a valid operating permit may result in an issuance of a "stop order" from the department and possible penalty of up to $10,000.00. Sincerely, CONSTRUCTION CODES AND LICENSING Bill J. Reinke Chief Elevator Inspector CCLD/Elevator Safety Section This information can be provided to you in alternative formats(Braille, large print or audio). An Equal Opportunity Employer 443 Lafayette Road N. MINNESOTA DEPARTMENT OF (651) 284-5005 St. Paul, Minnesota 55155 LABOR a UST Y TTY: (651)1-800-DIAL-DLI 1 www.dli.mn.gov (� ANNUAL OPERATING PERMIT PASSENGER SITE: Oak Park Hts City Hall Address: 14168 Oak Park Blvd N City: Oak Park Hts MN State of Minnesota ID No.: ELV-19652 Approval is based upon the requirements set forth in the Minnesota Statues, Chapter 326B.184 Expired Date: 05/01/2012 Inspector: Bill Reinke Department of Labor and Industry Construction Codes and Licensing Div. Elevator Safety Section 443 Lafayette Road N. St. Paul, MN 55155 This information can be provided to you in alternative formats(Braille, large print or audio). An Equal Opportunity Employer Eric Johnson From: Chuck Amundson [Chuck.Amundson @scr-mn.com] Sent: Monday, June 06, 2011 4:44 PM To: Eric Johnson Subject: Service and Monitoring Bids Attachments: OPH Service Agreement.pdf; OPH Mon.pdf; Mon Agreement.pdf I have attached the monitoring bid and a service agreement form. Call me on my cell phone and we can discuss any details you have questions on. If there is something missing please feel free to call me and I can get that added for you. I am open to suggestions if you have any other needs not addressed. Chuck Amundson Security and Access Specialist Cell 320-828-0770 Office 320-251-6861 Toll Free 800-827-1642 400f Chuck.Amundson@scr-mn.com g° rs Lor.��rliF ,, ZJ-5l J MD ki4k14' 513111A1 riwfv2, 1.4 h--116 S ' ANNUAL SECURITY and CARD ACCESS SERVICE AGREEMENT Effective Dates Will Be the Anniversary of Your First Acceptance Please return the original signed copy to accept this Annual Service Agreement. Please feel free to call us if you need further details, or if you feel you may have special service needs not addressed in this offer. We hereby offer City Of Oak Park Heights a SERVICE AGREEMENT at the rate of$2821.16 for the first year,and$3020.31 for the following year,which includes the following: 4 hours of labor for field service calls on Pacom connected equipment. Coverage is for diagnostic and repair labor. Routine maintenance to be performed during regular office hours from 8:00 a.m.to 5:00 p.m.Monday through Friday. Regular day rate for after hour service, port to port. 2 hours of labor for remote off-site diagnosis,support, and assistance 24 hours a day,365 days a year. Customer will provide SCR with means of remote connection(VPN or other IP network connection depending on system). Up to 1 hour annual hands-on training in our education room or at time of annual test for 2-3 persons who will be operating your Pacom system. All Pacom system components,all door sensors, motion sensors,and 1 Door strike or magnet per year. Batteries not included. Annual system test of all Pacom alarm points to the central station. Onsite review of security changes. Update discussion of monitoring and call direction. Assistance in holiday or special days scheduling. Update patches for Pacom software within currant license,at time of annual review. 5%discount on new GMS version update. 5%discount on additions to your card access and security solution. Customer must protect the connected land line with a surge protection unit to qualify for this agreement if applicable.Connections between buildings must be protected by surge. All power supplies must be protected by surge suppression. Equipment not covered by this agreement;Vonduprin electrified door hardware and associated power supplies,electrified door handles,or computer server. Terms of Service • You may report problems by phone,or e-mail. t Each service agreement is automatically renewable unless canceled in writing 30 days prior to ending date, Exclusions: Please Return to: Automatic phone dialers and modems,Software revisions,New purchases of equipment,Total replacement of system, SCR Fire,flood,and/or storm damage,Vandalism,Product Loss,Misuse of 604 Lincoln Avenue,NE equipment,CCTV Cameras.State and permit fees not included. St.Cloud,MN 56304 (Authorized Signature) Chuck Amundson;Security and Access Specialist (Date Accepted) (Date Offered) Bit To: 1 Service Address(if different): Social Security#: Business Phone: Home Phone: Monitoring Acct.#: Pas`sword(if any): Date Service Started: This agreement is between YOU and SCR,for the purpose of having SCR provide detection equipment,central station monitoring and other services as specified at your premises listed above. YOU are the lessee/purchaser. This Agreement explains your duties and responsibilities to SCR and SCR's duties and responsibilities to YOU in providing equipment,services and financing. The"X'ed"boxes apply to YOU. [j GENERAL 1. YOU agree to the Agreements and Conditions printed on the FRONT and BACK of this Agreement and acknowledge that YOU have read and understand them. YOU agree that SCR is not an insurer and that SCR's liability is specifically limited by the Agreements and Conditions. 2. This is not a binding Agreement until it has been accepted by an Authorized Representative of SCR. If it is nit accepted,SCR's only liability will be to refund any amount that YOU have paid to SCR according to this Agreement Q EQUIPMENT SCR agrees to provide and install equipment as listed tin the attached worksheet. Should the lessee terminate this Agreement prior to the end of the lease period,the lessee is responsible for an equipment fee of$ . This is not a penalty, but agreed upon damages. Upon payment of this fee,ownership will transfer to YOU. This only applies to leased equipment,not purchased. Q 90 DAY WARRANTY All equipment listed above'is covered with a 90-day parts and labor warranty. After the warranty period,the purchaser will be responsible for all maintenance of the security system unless a service agreement exists. Q SECURED COMMUNICATIONS Yes,I choose to purchase secured communications No,I choose not to have secured communications 0 MONITORING AGREEMENT 1. The initial period of this agreement is three years fr.'om the date of installation and will automatically extend for one year periods. In order to cancel at the end of either,YOU must give SCR 30-days written notice prior to the end of that period. If YOU cancel before the end of the initial period, YOU wal be responsible for the remaining amount due for the initial agreement period. 2. The monitoring and lease payment will be a monthly fee of$ , plus sales tax, billed in advance of the month service is used. YOU have requested to be billed:Of no box is checked,monitoring will be billed monthly) ❑ Monthly ❑ Quarterly I] Annually 3. How do YOU wish to pay for your monthly monitoring? (If no box is checked,monitoring will be billed with regular monthly billing) ❑ Credit Land ❑ Bark Draft ❑ Regular Monthly Billing 4. Conditions to be monitored include: ❑ Intrusion ❑ Temperature ❑ Are ❑ Medical Emergency ❑ Other. 5. YOU will be solely responsible for fines/charges imposed by any authority. YOU will be solely responsible for providing accurate and updated account information,including,but not limited to location,addresses,directions,telephone numbers and names for a call list so that someone will always be available in the event of an alarm signals Monitoring Agreement continued on back SCR Lessee Lessee Security Specialist Name Name r SCR Authorized Acceptance Signature Signature White—Customer Copy Pink—Office Copy i yVWV KY I•+V41,u014..0w11UnV1u1ORM,ui 1VV11101,11 IS")m011,LV11.h/1,/1141/1141110411III u.aVI4.4wnv..11.yv.va,yury,vwr„ shipment of the goods at the seller's expense and risk. Agreements & Conditions A. Safety Equipment—Your Responsibilities YOU agree that effective maintenance of safety equipment requires your cooperation. YOU agree: 1. To inspect and maintain the equipment according ng to established eedes and procedures. 2. To notify SCR immediately if YOU find anything wrong. 3. To avoid doing anything which might damage the safety equipment or make it difficult to use. • 4. To be solely responsible for complying with local codes and requirements. B. Limitation of SCR Responsibilities and Liabilities • YOU understand that 1. Safety equipment may be bypassed,misused,or damaged and may not always operate property for numerous reasons. 2. Use of safety equipment does not replace the services of fire departments,police departments or emergency medical units. 3. SCR is not providing a guard service under this Agreement. SCR has no responsibility to respond to alarms. 4. SCR assumes no liability for any damages arising from any delays in the installation or repairs of the system or from any delays in the processing of account information. 5. SCR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,THAT THE SYSTEM OR SERVICE MAY NOT BE COMPROMISED,OR THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE DETECTION FOR WHICH IT IS INTENDED, SCR IS NOT AN INSURER,AND THE FEES ARE BASED ON VALUE OF SERVICE AND NOT RELATED TO VALUE OF PROPERTY OR RISK. 6. SCR assumes no liability for services or lack of service provided by any sub-contract company. 7. YOU do hereby for YOURSELF and any parties claiming under YOU release and discharge SCR from and against all hazards including those covered and not • covered by YOUR insurance and all daims against SCR arising out of such hazards,includng any right of subrogation by YOUR insurance carrier,are hereby waived by YOU,and YOU shall promptly so notify YOUR insurance carrier. 8. If anyone asks SCR to pay for ANY harm such as business or personal loss,theft of property or money,property damage,personal injury or death connected with the installation,maintenance,operation,misoperation or nonoperatlon of the system,YOU will repay SCR • (a) any amount which a court orders SCR to pay:and (b) the amount of SCR's reasonable attorney's fees and other loss and costs which SCR has paid in connection with the harm. 9. Even if a court decides that a problem with the equipment,the monitoring service or any other improper or careless activity by SCR,caused or allowed any harm such as business or personal loss,theft of property or money,property damage,personal injury or death to YOU or to others,SCR will owe YOU only six(6)times the monthly monitoring fee paid or$250,whichever is greater. It is understood that this sum is for liquidated damages and is not a penalty. 10. This Agreement may not be assigned by YOU except upon prior written consent by SCR. 11. YOU release SCR from any claims of any parties suing through your authority or in your name,such as your insurance company. YOU agree to•notify your insurance company dells release. C. Application of this Agreement to Other Organizations Any organization or company to which SCR is connected to may invoke the provisions of this Agreement against any claim by YOU due to any failure iof such organization. The provisions of this Agreement also apply to any agents,sub-contractors or assigns of SCR. D. Suspension,Cancellation or Changes to this Agreement it is understood that SCR,after having given 30-days written notice,may immediately cease the monitoring or other servicing of the system for the folloWing reasons: 1. If SCR is legally prevented from monitoring or servicing the system. 2. If YOU do not make lease,monitoring,or related payments when due including electric service and telephone service. 3. If SCR is prevented from making repairs or maintenance on the system. 4. If the monitoring service receives too many false alarms from the alarm system. It is understood that the software program in the security system is not owned by YOU and the software's rental is induded in your monitoring service fee. It is further understood that YOU will give SCR access to change programming in the event • that the Agreement is terminated. 5. We may,at any time,cancel this agreement at our option if our alarm monitoring center is destroyed or damaged so that it is impractical for us fo continue service or we cannot acquire or retain the transmission connections or authorization to transmit signals between your premises and our alarm monitoring center or the applicable fire or police department or agency. 6. Upon suspension of monitoring service for any reason,immediately disconnect your alarm system from sending signals to the central monitoring station or be responsible for all fines,fees or penalties that may be imposed by telephone companies,government agencies,the central monitoring station and/or other parties. 7. We have the right to increase the monthly monitoring charge at any time after the first year. If you give us a written objection to the increase within 30-days of your receipt of notice of the increase,and if we do not waive the increase,then YOU may terminate this agreement effective 30-days after our receiptof your written notice of termination. In this situation YOU will not have to pay the early termination of lease fees. • E. Complete Agreement;No Spoken Changes Everything that YOU and SCR have agreed on is written in this Agreement and attached Worksheet It replaces all earlier agreements and understandings,whether spoken or written. Nothing YOU or SCR may have said can change this Agreement This Agreement can only be changed in writing,and the writing must be signed by YOU and SCR. YOU agree that we may convert this Agreement Into an electronic media for storage purposes. YOU also agree that,in the event of any dispute or litiation,a copy or this agreement produced from any such electronic media may sense as the exclusive original l This Agreement will be accepted by SCR in Minnesota,and is covered by the laws of the State of Minnesota. YOU state that YOU have received a copy of this Agreement. • I � 1 . 1 ! a>�, City o f Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 July 28,2011 MEMO .. .......... TO City Council Members /" `' "i FROM: Eric Johnson, City Administ"ratbr RE: City Hall Facility—Final issics Two Items 1. I had asked that Architect Randy Engel provide a summary of each and every remaining issue related to the City Hall facility. That document is enclosed and includes a listing of twelve items that do need some level of discussion and additional direction from the City Council. This will be a topic of discussion at the 8/3/11 City council workshop. 2. From a budgetary standpoint,the City had an estimated $7,410,633 to expend on the City Hall project based on the two bond issues and earned interest(minus capitalized interest). In total as of 6/30/11 the City has a remaining budget of$65,610.60. Including all approved Change Orders,the City's contract with Jorgenson Constriction was$ 6,422,713 and as of 6/30/11 the City has paid$6,322,713 leaving a balance of $1.00,000 securing any remaining issues(retainage). rif 11)6 4,1(7 /55UG5 LJatt 1,40 Page 3 of 32 1 , July 28,2011 Construction Issue Summary Oak Park Heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 1.3A#08 2 • 1. Issue: Bituminous Paving • The Bituminous Paving installation had been placed with asphalt overlayed onto concrete curbs throughout the installation, rough and patchy paved surfaces and a slightly depressed area that exhibited ponded water after rain storms within the main driveway circle plus two depressions that would form small ponds in the center of the paved main parking area. • Contractor has somewhat repaired the issues in the main driveway circle (except for pavement restriping) and had asserted that the two small ponds in the paved main parking area were due to improper design.Contractor asserted several times that the designed elevations were impossible to install at 1% slope, had surveyed the installation and had indicated that it was placed at the elevations and drainage profile designed and, subsequently, stated that the installation drainage profile was placed less than what was designed.Contractor also asserted that one catch basin is not sufficient. • Architect advises that the aforementioned installation in the paved main parking area is able to be placed,noted that it is placed acceptably at 1%slope at the Impound Lot and that the ponds are due to Contractor's improper workmanship.Architect also advises that one catch basis in sufficient, is not overloaded and that surface water would properly drain with proper grading installation.Proper drainage does occur. Also,paving repairs in Employee Parking lot is acceptable as is new paving on west side of the site that serves the Public Works Building, Public Works Storage Yard, Police Impound Lot and the City Hall's Lower Level Garage. 2. Ramifications • Contractual: Ponding areas in the paved main parking area are not specified in the Owner- Contractor Agreement. •Aesthetic: Appears improperly installed. •Durability: May adversely affect pavement assembly's long-term durability. •Safety: Slippery and icy surfaces can develop with the presence of ponded water. • 3. Options 1) Accept the installation iusplace. 2) Contractor shall place east-to-west continuous drain and link to existing catch basin. 3)Contractor shhall patch two ponding areas,shall apply"chip and seal"protective coating at a time that the City•requests (best outcomes after several years have elapsed) to: main driveway circle, paved main parking area and to employee parking area. City will require financial guarantee such as a letter of credit. 4)Contractor shall remove and shall replace: bituminous paving(including disturbed base materials and damaged areas)in the main driveway circle and in the main parking area. 4. Recommendation of Architect Option 3)above. Page 4 of 32 11/18/2010 15:26 6514366515 TOWER ASPHALT PAGE 02/02 Nan 15001 Hudson Road ASPHALT P.U, lox 15001 1 M n t WILTED Lakeland, MN 55043 ASPHALT I Phone: 651-436-8444 SORFAGIN6 ' Fax: 651-436-6515 IAKR3MI.{II i{)q 11i•,KI•IAN www.towerasphalt.com November 18, 2010 Mr.Steven Gansmoe Jorgenson Construction Inc. 9255 East River Road N.W. Coon Rapids,MN 55433-5722 RE: Oak Park City Hall Dear Steve, The problems with the light duty pavement at Oak Park City Hall are evident. There are drainage concerns that need to be corrected and the areas of roughness and porous surface need to be addressed. These are not grounds for removing and replacing the entire surface of this lot. The specified pavement type was used (MV-3 wear)which is typically used for medium volume roads. This product is relatively coarse and is better suited for straight paving on streets where there is little or no areas that need to be worked by hand. On the other hand this mixture is very durable because of the amount of%"rock in the mixture and the high crushing content of the product. The pavement that is currently in place does not pose a durability issue. Tower Asphalt proposes to correct the drainage issues and the areas of concern along the curb lines. We then propose to apply a hot oil seatcoat anytime through the 2014 construction season at the discretion of the City. We would also seal the south employee lot and the 57th Street tie-in area as per discussion with Erik. We feel this will provide an aesthetically pleasing look to the lot as the surface will be consistent in color and texture as well as adding additional durability to the pavement. Tower Asphalt would then re-stripe the lot and extend the warranty of the pavement through the 2014 construction season. We respectfully request that the City reconsider their prior decision. Respectfully, ipp • Michael J. L President • Fowl]Onnnrtunity Employer Page 5 of 32 July 28,2011 Construction Issue Summary Oak Park Heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA#0822 1. Issue:Security System Erratic Operations • The Security System includes the door access system. This system has displayed numerous incidents of erratic operation and non-operation through apparent equipment failure,programming gaps and modifications • Contractor's system repair subcontractor (SCR) recently indicated the possibility of installation issues. Contractor,however,recently indicated claim for repairs to system required due to "storm- related issues." • Architect was notified of the above and requested specific information/evidence as to cause(s) of recent issues. That information is awaited. 2. Ramifications ... •Contractual: Erratic operations are not specified in the Owner-Contractor Agreement. •Aesthetic: Not applicable. • PP Durability: Not applicable. • Safety and Security: This System aids in the protection of the building and occupants from possible adverse events.Long term continued use of the system is essential. 3. Options Contractor retained SCR to repair the system. Repairs were achieved. Awaiting Contractor's evaluation of the System. SCR had suggested that installation issues appear to be the cause. Contractor's response to that opinion is awaited. 4. Recommendation of Architect Awaiting Contractor's responses. Page 6 of 32 July 28,2011 Construction Issue Summary Oak Park Heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA It 0822 1. Issue: Ceiling Leak • A tiny leak has occasionally appeared through the ceiling west of the entrance to the Council Chamber and in front of the Display Cabinet. • Contractor has observed several drops of water on the floor of the Rotunda after a heavy rainfall earlier this summer in that area. Contractor has attempted to find the source and has applied additional sealants to the building's exterior envelope. • Architect has also observed the presence of a small amount of water on the floor of the Rotunda earlier this summer(at the same time)in that area. 2. Ramifications •Contractual: Such leaks are not specified in the Owner-Contractor Agreement. •Aesthetic: Unsightly,undesirable and requires wipe-up. •Durability: May affect wood ceiling's durability over a long period of time. 3. Options I) Contractor shall place an above-ceiling catch pan above the affected ceiling area. There is sufficient space and air movement to allow for evaporation of any such water. This is a practical solution. 4. Recommendation of Architect Option 1)above. Page 7 of 32 • July 28,2011 Construction Issue Summary Oak Park Heights City Hall g Y 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA#0822 1. Issue: Concrete Popouts • Concrete popouts (e.g., little holes) are visibly present in the sidewalks that bound the main circular entry driveway, in the main parking area just south of that driveway and in the east-west sidewalk that abuts the north side of the Public Works Building. • Contractor claims that the Specification was followed,that the sizes of individual sidewalk panels were about 2 square yards in size, that the number of popouts are allowable by industry recommendations (e.g., 15 to 20 popouts per square yard of concrete sidewalk surface), that the Owner applied deicing salts to the sidewalks and that such an application is not allowed in the first year of sidewalk usage. • Architect visited the site, prepared a drawing of the sidewalks that shows the popouts, points out that the Contractor didn't strictly follow the Specification(in terms of material fluidity or"slump"), that the Contractor,by his own admission,provided a higher quality of aggregate that allows only 2 popouts per square yard of concrete sidewalk surface also by industry recommendations, that the Owner claims that deicing salts were only applied only under the main Canopy(where popouts are nearly non-present and that the Contractor did not provide warnings against deicing slat use in the first year of usage. 2. Ramifications • Contractual: Popouts are not specified in the Owner-Contractor Agreement. •Aesthetic:Popouts are unsightly. • Durability: Cracks may develop in and around the popouts due to weather-related freeze-thaw action over a period of time. 3. Options 1)Accept the popouts in place. 2)Contractor must apply patching materials: popouts can still be visible. 3) Contractor must replace continuous portions of the affected sidewalks: some color and texture differences in the concrete surface will be apparent. 4)Contractor must replace all of the affected sidewalks. 5)Contractor estimated the cost of replacement(of continuous portions)as$7,500,Owner will offer to pay$3,333.00 and Contractor will be responsible for remainder of costs. 4. Recommendation of Architect •Option 5)above. Page 8 of 32 July 28,2011 Construction Issue Summary Oak Park heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA#0822 1. Issue: Collapsed ground/paving area around Catch Basin CB-2 in Circular Portion of Oak Park Boulevard North • Ground and paving materials that are adjacent to and that surround Catch Basin CB-2 appear to be be sinking or have collapsed. • Contractor agrees that there is damage, will review the damages, solutions and will repair and/or replace. • Architect was notified of the above. 2. Ramifications • Contractual: Sinking or collapsed paving and catch basin structures are not specified in the Owner-Contractor Agreement. •Aesthetic: Damages are visibly evident and unsightly. • Durability: Catch Basin structure,piping,paving and earth materials must remain intact and levl to properly function, 3. Options 1)Accept the installation in place. 2)Contractor shall repair the damaged work(under Warranty). 4. Recommendation of Architect Option 2)above. Page 9 of 32 July 28,2011 Construction Issue Summary Oak Park Heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA/10822 1. Issue:Fire Alarm Tamper Switch Fault in Public Works Building •The Fire Alarm Tamper Switch located in the Public Works Building recently exhibited an alarm fault and the alarm panel provided notification. The Fire Alarm Control Panel in the City Hall's Lower Level also exhibited a fault, • Contractor sent Subcontractor ECSI to investigate and to repair the unit. ECSI replaced a faulty component. ECSI also found a fault in the Fire Alarm Control Panel in the City Hall's Lower Level and provided a temporary operational repair until a planned return on 8/01/11 to complete the repair. SCSI plans to replace the Control Panel ASAP. 2. Ramifications •Contractual: Fire Alarm Faults are not specified in the Owner-Contractor Agreement. •Aesthetic: Not Applicable •Durability:The Fire Alarm System must be operational at all times. •Safety:The Fire:Alarm System must be operational at all times. 3. Options 1)Replace the Fire Alarm Control Panel in the City Hail's Lower Level (under Warranty). 4. Recommendation of Architect Option 1)above. Page 10 of 32 July 28,2011 Construction Issue Summary Oak Park Heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA if 0822 1. Issue: Operation of Heat Pumps in City Hall Building • Heat Pump System manufactured by GeoFurnace has had numerous periodic and continuous incidents relating to temperature control programming as well as to Heat Pump equipment malfunctions (including compressors, leaks and reversing valves). The Owner has, on numerous instances lost the ability to maintain desired interior temperature and humidity control. • Contractor has repaired system more than once. Contractor orally opined that the Engineer's approval of a faulty Substitute Product in the Bidding Phase has directly led to the Contractor's installation of a faulty system.The Contractor does not claim error in the Construction Documents. I-Iowever, the Contractor directly selected the Heat Pump System (through his Mechanical Subcontractor)from the products available and bids submitted. • Architect prepared Construction Documents (Drawings and Specifications) for a Heat Pump System.Several Manufacturers were listed that serve as the basis of design. Engineer's review and approval of a Substitute Product in the Bidding Phase is required to be reasonable and general but not rigorous. Engineer's approval of a Substitute Product in the Bidding Phase does not relieve the substituted manufacturer and, ultimately, the Contractor for complying with the Specifications. Substitution of a product that claims equal quality is allowed/required in public bidding process: The currently-installed Heat Pumps are rejected by Architect according to the terms of the Contract. 2. Ramifications •Contractual:A failing Heat Pump System is not specified in the Owner-Contractor Agreement. •Aesthetic: Not Applicable • Durability: The Heat Pump System must properly operate and shall have a long-term operational life so as to properly serve the building's interior environmental requirements. 3. Options I) Contractor shall propose a replacement Heat Pump System manufactured by an entity that complies with the Specifications (per the General Conditions of the Contract). Costs of repairs, removal and replacement shall be borne by the Contractor. 2) Contractor shall remove existing Heat Pumps and other necessary components and shall replace existing Heat Pump System and properly tie into Temperature Control System (per the General Conditions of the Contract). Costs of repairs, removal and replacement shall be borne by the Contractor. 3) Per the Contract,if the Contractor refuses to achieve the above,the Owner has the right to achieve that replacement and to charge the Contractor for the Work. 4. Recommendation of Architect Options 1)and 2)above. Page 11 of 32 July 28,2011 Construction Issue Summary Oak Park Heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA#0822 1. Issue: Non-survival of Certain Trees and Plantings • Several types of trees and plantings have not survived their original planting: per the City Forester,a Pagoda Dogwood near the front entrance to the building,a River Birch north of the Rain Garden, 5 Swamp White Oaks and 4 Northern Red Oaks around the main driveway and parking area.The Forester recommended relocation of the Yews due to a large amount of soil moisture and that the City provide proper watering techniques for the plants. •Contractor admits that certain trees have not survived. • Architect has observed that certain trees have not survived. 2. Ramifications • Contractual: Non-survival of plantings are not specified in the Owner-Contractor Agreement. •Aesthetic: Dead plantings are unsightly. •Durability: None expected of the non-surviving trees. 3. Options 1)Accept the installation in place. 2) Contractor shall replace the non-surviving Oak and Birch trees with the same species (except as suggested by City Forester in 3) below) and shall water such new plantings once —remainder of watering shall be by the City. 3) City Forester suggested replacement of 2 Autumn Blaze Maples for 2 Swamp White Oaks and 2 Northern Pin Oaks for 2 Northern Red Oaks.That would be at NO cost to the City. 4)City Forester recommended trimming of the Pagoda Dogwood. 5)City Forester recommended transplanting of the yew due to excessive soil moisture. 4. Recommendation of Architect Options 2 and 3)above by the Contractor and Options 4)and 5)above by the City. p ) Y p ) ) Y Y Page 12 of 32 July 28,2011 Construction Issue Summary Oak Park Heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA#0822 I. Issue:Cracked Exterior Concrete at Bottom of Ramp Down to Lower Level Garage •Concrete Ramp bottom adjacent to Lower I.,evel Garage entrance exhibits cracking. • Contractor claims that cracking is not severe and that integral radiant heat piping assembly within the slab would be damaged by repairs. • Architect concurs with that assessment. 2. Ramifications •Contractual: Cracking of concrete is not specified in the Owner-Contractor Agreement. •Aesthetic: Crack is visible. • Durability: Long term entrance of surface water would lead to more damage to concrete, if crack would be left as-is and not sealed. 3. Options 1. Accept the installation in place. 2) Contractor shall apply hydraulic concrete patch to cracking to seal it and to prevent future deterioration(under Warranty). 3) Contractor shall replace the ramp,the integral radiant heat piping assembly within the slab and compact the subgrade. 4. Recommendation of Architect Option 2)above. Page 13 of 32 July 28,2011 Construction Issue Summary Oak Park Heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA if 0822 1. Issue: Yard Drain at Roof Outflow at South Exterior Wall of Council Chamber •Water that drains from the City Council Chamber roof through an outflow pipe unto the ground just i' i not easily drain away and causes slight erosion of surface mulch and south of the building n does y g g y earth especially after storms that deposit large amounts of water. • Contractor constructed the grades in that area not in accordance with the Construction Documents, thus,not fully allowing storm water deposited from the roof drain to drain away, • Architect specified a small hard surface to resist the catch basin and underground piping—a larger surface would be more effective. • Owner had earth fill for plantings placed in such a way that water flow is impeded. 2. Ramifications • Contractual: Drainage of water is specified in the Owner-Contractor Agreement. •Aesthetic: Slight erosion is unsightly and requires periodic maintenance of landscaping materials. • Durability: Slight erosion can increase in size over a period of time. 3. Options Accept the installation in place. I) p p 2) Add a catch basin at the outflow and underground piping to direct water to the north.Architect prepared Proposal Request Sixty-Four and Contractor has proposed a cost of $5,478.00 to achieve this work. City proposed payment for such work shall be split 3 ways among Owner, Contractor and Architect. Contractor must add to work scope the restoration for disturbance to site.Contractor's modified cost is awaited. 4. Recommendation of Architect Option 2)above. Page 14 of 32 July 28,2011 Construction Issue Summary Oak Park Heights City Hall ail 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 BA#0822 1. Issue: Face Brick Mortar Joint Cracking • Mortar joint cracks have appeared at three window jamb Iocations where the face brick returns;at two of the windows that serve the Administrator's Office and one window that serves the Finance Director's Office. There are similar construction assemblies located elsewhere around and on all corners of the building that do not exhibit such cracking. • Contractor claims that the Construction Documents don't advise how to construct the face brick at these corners, indicates that construction occurred in conformance with the Construction Documents and asserts that the same installer and technique was utilized at all locations. The Contractor did advise that there is no mortar tie to the overhead steel lintel. The Contractor did advise that the face brick walls in this area were among the first exterior window openings that were constructed. • Architect indicated that proper lateral tie support of the face brick (i.e.,closer to the corner of the wall) would have avoided such cracking. There are industry standards that are specified for this installation. Also, there may be a possible installed concealed mortar attachment to the overhead steel lintel that could be the cause. 2. Ramifications •Contractual: Cracked mortar joint cracks are not specified in the Owner-Contractor Agreement. •Aesthetic: Cracks are vertical thin and noticeable between the two courses of stacked face brick. • Durability: Although not deemed to be a structural issue nor art environmental issue,wind-driven water could enter between the face brick and the concrete foundation wall.Any such water should weep out the weep holes located at the base of the foundation wall and should not be able to enter the building,nonetheless. 3. Options 1)Accept the installation in place. 2) Contractor shall remove the mortar where the cracks appeared and shall replace with mortar or with sealant. Contractor agreed to proceed with this course of action as it is most prudent at no cost to the Owner(under Warranty). 3) Contractor shall remove the face brick assembly in one of these three locations to see how the face brick is supported at top and bottom,to adjoining face brick and above to the steel lintel. 4. Recommendation of Architect Option 2)above. Page 15 of 32 July 28,2011 Construction Issue Summary Oak Park Heights City Hall 14268 Oak Park Boulevard North Oak Park Heights,MN 55082 J3A/10822 1. Issue:Exterior Lighting Fixtures • Two or more exterior wall-mounted lighting fixtures have been -at times-non operational. One of which is located above the west entrance door to the Police Department/Public Works Department. • Contractor is in process of or already has removed the existing lighting fixtures, has placed temporary lighting fixtures in their place and has sent those lighting fixtures to the manufacturer for review,evaluation and response. • Architect 2. Ramifications • r Non-operating tt actual: Non operate ng lighting fixtures are not specified in the Owner-Contractor Agreement. • Aesthetic: Building is not illuminated at night. •Durability: Not Applicable. •Safety:Access to this entrance is impeded and would be unsafe without illumination. 3. Options 1)Accept the installation in place. 2)Contractor shall repair or replace the lighting fixtures(under Warranty). 4. Recommendation of Architect Option 2)above(is in progress by the Contractor at this time). Page 16 of 32 1 ° 13 o¢: k 4 r} sz 3 X`` 5 aff45i88`ta R p 'cl=ti g o Z..'5.q wwwwNwwwww r gs.:41i4 AO li 1,, ' b i o r i- i;;Ig-si o r. r 2 rn?� r,. o o �' n O s y �> A.n.m;yvF( ,n u�!w 3 J ( U aFi u C 8: d8 `3 88 88 ,{8 8e ii 0441 a$°°'3^ 8 ° °o °g°o°o$°orvroo v e. §13FAHS . •f3N e ° Mr don000 it Ti r M M w 4 b • r H r M N O� . ( O V N In N -, k . N N N N N N w w N N N ww w wnw •ww ww w ww w m;:lt∎ ro.! w w w $ lUll 11111 .¢ova.o .oag U CC "CCQEg'_�ro8 U V g00000000rd2 1 n a<� rili A - a°Wcccsg w”,:g N PPP ,,y .A 4UtStvg�JU6t� W a a "fta r aaaaaaaa"" FE�°- >• 3af J§¢j 0011 1 vor000pccocf, ' V) C, I O B Y 4 O V 1. '54/ Fyrs i {f`j ' -'�; E4pq �Mq t% '� ue Ck 4#1 R p a, 5 p. g ,16 ' N 33 t � U r alp ltc y y 7 � _ .1 cc U I- v4yo�t w$ § $ o lVJ E r z 01. to to u w fig, S w mi a i iv rci, ,_ p U V lC 1 y` Z y E U4 =w 3 X € t j£ a CL Y 9Q z Page 17 of 32 THIS PAGE IS INTENT ONALLY LEFT BLANK yZ < . = § ,\ 4 \ Page 18 of 32 CITY OF OAK PARK HEIGHT • Memo x . To: Mayor and Council From: Betty Caruso,Finance Director Date: August 3,2011 Re: Storm Water Utility Charges-Ordinance 1602 In June I informed you of an adjustment to the Storm Water Utility billing because of an exemption as listed in the City Ordinance 1602.05. (see Attached Memo). This exemption resulted in removing 46 customers from the billing for June 2011. This amounted to a quarterly reduction of$4,171 in revenue,which is approximately 20%of our quarterly billing. In researching the reason for the exemption, I could not find a basis for this exemption. Exempt properties contribute to the storm water system. I would request that the council revisit this ordinance for a possible adjustment to include these properties at the standard rate used for all types of customers. I have included a list of the properties that we removed from the billing along with a worksheet calculating an estimated refund that may be due to these properties. I only included the larger customers f. =_ timate and looked back 6 years based on current city practices. Approximate sr•2 0 0 > efunds is calculated. The Storm Sewer Utility has retained earnings of$18 ich$160,378 is cash. This potential refund could have a significant impact on this fund and its operations I have currently refunded$3,282 for the 12/10 and 3/11 quarter to the ISD#834 as per their request. I would like direction from the council on how to proceed with the remaining amounts. If you would like any additional information,please let me know. Page 19 of 32 CITY OF OAK PARK RK HEIG4 Memo Y , To: Mayor and Council it From: Betty Caruso 'nano e Director e cto r II Date une 23 2011 Re: Storm Water Utility Charges In review of the utility billing system we found that storm water charges for some customers were being charged incorrectly based on vacant and developed land. This change in billing allocation for ISD#834 (high school property) resulted in an quarterly charge of$1,641 as versus the old billing of$516.20/qtr. Questions of the billing by the school district revealed that the present city ordinance exempts tax exempt parcels from the storm water utility fees. (Ordinance 1602.05) They are therefore requesting a refund of past fees paid. e charging a A complete review of the billing shows other parcels that the City has been charg ng th t p Y would also fall under this exemption, such as churches, the Minnesota Correctional Facility,MN DOT, and others. Being that these properties do contribute to the storm water collection system, the City may wish to review this ordinance and update to include this property type. We have removed the exempt properties from the storm water billing process and will take effect for the 6/30/11 bill. If council would desire to revisit this ordinance,we schedule this with a future workshop session. Our next scheduled date is Aug 3,2011. Page 20 of 32 1602 AN ORDINANCE ESTABLISHING A STORM WATER DRAINAGE UTLITY WITHIN THE CITY OF OAK PARK HEIGHTS,DEALING WITH GENERAL RATES, CHARGES,BILLING AND COLLECTION PROCEDURES THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,MINNESOTA DOES ORDAIN: 1602.01 Establishment. A storm water drainage utility for the City of Oak Park Heights is hereby established. The municipal storm water system shall be operated as a public utility pursuant to Minn. Stat. §444.075,from which revenues will be derived subject to the provisions of this chapter of the Minnesota Statutes. This storm water drainage utility will be part of the City Public Works Department and under the administration of the Director of Public Works. 1602.02 Purpose of Funds Derived and Allocation of Revenues. The purpose of all funds derived from the storm water drainage utility is to pay for all or part of the construction, reconstruction,repair,enlargement, . improvement or other obtainment in the maintenance, operation and use of i the storm sewer utility as established by the City o f Oak a Park Heights. All revenues derived from the storm water drainage utility fee shall be credited to the appropriate storm sewer fund. 1602.03 Storm Sewer Utility Fee. (a) A storm sewer utility fee for the connection and availability of storm sewer facility shall be determined by resolution of the City Council,from time to time, and shall be just and equitable. The charge for the connection and availability of storm sewer service may be imposed to all premises abutting on streets and other places where municipal storm sewers are located,whether or not connected to them. (b) The storm sewer utility fee for the use of the storm sewer facility shall be determined by resolution of the City Council, from time to time, and shall be just and equitable. Charges made for the use of facilities s may be fixed by reference to a reasonable classification of the types of premises to which the service is furnished, orb by reference to the quantity,pollution qualities, and difficulty of disposal of the water, or in any other equitable basis, including,but not without limitation, any combination of those referred to above. Page 21 of 32 1602.04 Adjustments. The City Council may adopt by resolution policies and standards for the adjustment of fees for parcels. Such adjustments shall not be made retroactive. 1602.05 Exemptions. (a) Public rights-of-way are exempt from the fees established pursuant to this ordinance. (b) Unplatted residential parcels outside of the municipal urban service area boundary, agricultural property,undeveloped parcels, golf courses,and all tax exempt parcels are exempt from the fees established within this ordinance. 1602.06 Billings. Bills for charges for the fees shall be made by the Finance Department of the City of Oak Park Heights. All bills shall be payable at the office of the City Finance Director. 1602.07 Recalculation of Fees. If a property owner or person responsible for paying the fees questions the correctness of such charge or the computation of same,that person may have the determination of the charge recomputed within six(6)months of the mailing of the fee by submitting to the Public Works Director a written request for the recomputation. 1602.08. Collections. All lees.are;due on the due date specified by the City for their respective accounts,and shall be delinquent fifteen(15)days thereafter. It shall be • .the-duty of the City to endeavor to promptly collect delinquent accounts, and in all such cases where satisfactory arrangements for payments have not been Made, all such delinquent accounts shall be certified by the City Clerk,who shall;prepare an assessment of the delinquent:accounts against the property served or to be served. To each account there may be added certification charges in the amount provided for by City Council resolution from trine to time. This assessment roll shall be delivered to the.City sr. Council for adoption prior to the final date for certification to the County for collection within the ensuing year's property taxes. Such action may be optional or subsequent to taking legal action to collect delinquent amounts., • Page 22 of 32 ACCOUNTS REMOVED QTRLY CHG 101-03950-01 HSI C/O KINGWOOD MGMT $ 30.00 1 ACRES 6450 PANAMA 107-17800-02 RJ ESTATES C/O WASH CTY $ 30.60 1.02 ACRES 14830 58TH 107-17900-04 R1 ESTATES C/O WASH CTY $ 3.00 UNIT 107-18000-04 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-18100-07 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-18200-14 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-18300-11 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-18400-06 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-18500-11 RJ ESTATES C/O WASH CTY $ 3:00 UNIT 107-18600-13 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-18700-05 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-18800-04 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-18900-06 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-19000-07 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-19100-05 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-19200-10 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-19300-10 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-19400-12 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-19500-10 RJ ESTATES C/0 WASH CTY $ 3.00 UNIT 107-19600-06 RJ ESTATES C/0 WASH CTY $ 3.00 UNIT 107-19700-10 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-19800-08 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-19900-09 RI ESTATES C/O WASH CTY $ 3.00 UNIT 107-20000-13 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-20100-10 RJ ESTATES C/O WASH CTY $ 3.00 UNIT 107-20200-11 RI ESTATES C/O WASH CTY $ 3.00 UNIT 102-17520-01 MET WASTE CONTROL $ 165.00 5.5 ACRES 6163 ST CROIX TRAIL 104-10000-02 WASH CTY-K POTTER $ 1.50 VACANT 6065 PANAMA 104-10200-07 WASH CTY-K POTTER $ 1.50 VACANT 6063 PANAMA 104-10470-03 WASH CTY-K POTTER $ 1.50 VACANT 14932-60TH ST 104-17650-03 HOPE ADOPTION $ 9.60 0.32 ACRES 5850 OMAHA 104-22000-04 HOPE ADOPTION $ 9.60 0.32 ACRES 5850 OMAHA 105-11950-02 MN DOT $ 3.00 UNIT 6041 STAGECOACH 105-12400-10 MN DOT $ 135.00 4.5 ACRES BRIDGE/STORM 105-12900-02 MN DOT $ 22.80 0.76 ACRES 15506-59TH 102-17250-02 MN DOT $ 1.50 1.5 VACANT 6447 ST CROIX TRAIL 110-61600-01 HSI SVC S $ 50.10 1.67 ACRES 5650 MEMORIAL 107-25800-02 HSI C/O KINGWOOD MGMT $ 3.00 UNIT 14870-57TH 110-61900-01 US POSATAL $ 156.60 5.22 ACRES 5520 MEMORIAL 200-12000-00 MCF $ 886.50 197 VACANT 105-19800-01 MCF $ 780.00 4.15 ACRES 5329 OSGOOD 200-13000-00 ISD#834 $ 441.00 98 VACANT 110-10200-01 ISD#834 $ 1,200.00 40 ACRES 5701 STILLWATER BLVD 104-12900-01 1ST PRESBYTERIAN $ 124.50 4.15 ACRES 6201 OSGOOD 103-21200-01 CALVARY ASSEMBLIES $ 42.30 1.41 ACRES 5805 OSGOOD -J 102-10500-05 SALEM LUTHERAN $ 3.00 UNIT 6282 PANAMA TOTAL QUARTERLY BILLING $ 4,170.60 Page 23 of 32 0 0 0 0 0 0 0 0 0 0 0 ,0 0 0 0 0 '7 0 0 0 0 N 0 OI .7 0 0 0 0 O N N N at d O I+ M rl .-1 00 t0 LO •^i •-� •-1 .O-7 u1 W' N Q N M. .I 0 0 0 0 0 0 0 0 0 0 0 0 0 Lt4 00 c' in O O to 4)0 O O O O tO 0 N 0 n m a V • al Oi 4i _1 0 ■■ M 1 • N v1 .1 01 to 000 ,100000 0 0 O 0 tit O 0 N tO 0 0 0 0 to N 0 O oo t M f M V M N m 4 N LO N to N V e-1 e-i -1 N O '-i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 .' 0 0 0 0 O N O V O O O uo 0 IN N N o0 Ol O O Cr) /-I 010 00 t0 t0 .-1 ■-4 v--I i N N (' r 1 0 0 0 0 0 0 0 0 0 t0 0 O 0 tl' co 0 O or) f 0 0 0 0 0 O N d .-4 Y co V 0 0 0 tO O N N N t5 co o1 d e-1 2' O M .N-t co c CO tO t0 .-4 rt r4 CO O if? .7 rt O N I-- N M rI 2 (.9 0 0 0 0 0 0 0 0 0 0 0 0 0 01 z O O O O 00 4 O O O O O N O N 3 Oi 0 0 0 0 40 O N N N CO 01 d rl CO N m rN-1 00 0000 to m ,-.1 ri r1 V01 .0-1 in rn N (t'7 .4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to H O to LI) to O N O t!1 N O OI CV O to �t tO o O O O 00 O1 fj O rl (NI N t14o .N-1 CO Co tto 4DtD .-I .� .--t v 101 to v-1 O1 rl N M' .ti .ti 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t-- N O O O t0 O LI1 u1 to to M O t!1 O ril 00 co O I. l!1 tt0 •-4 14 ri N d (4) N M .-1 00 d y, O 1� N M r1 .-1 vW .-1 N N 0 0 0 tr1 0 0 0 0 0 t0 0 0 N` 0 0 - 01 CO L o 0 0 0 O O O O O O O 11 N O O M W N 10 0 in M to to N N N O ' ,-4 .-1 M V N 1.0 tD O M O M O n N N■ t` h 00 d' to 1i N t-i 11 v-1 .-t 61 in in V N. 01 v1 N 0 00 [- N N FQv�-i, 011' M H M d' N' .4 M' (ri I- ,,, P. t0 0 00 N a;+l 01 N 'i 01 N c .-i N �O1 N ti 0 v-4 -.IN. 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C (0 (0 0 t!1 M CO .0 O .� 414 ▪ w ''n 4-' 0 0 a c Out m o 0 C XE o c aai ... c c 4 vE u h. • m 01 a st ,� N 0 0 0 a r C 0: m m v m u U u 0 of U(0 0 0 0 0 0 C U U St 3L .4, N N h q a` '9 a. 0 0 0 0 C G 0 Q 'E. 04 (V III R Z a.i Y Q Z Z Z Z 2 o22D D D23332 Nu �° z � � � Page 24 of 32 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 July 29'h,2011 MEMO TO: Ci ty Council members / FROM: Eric Johnson,City Administrator,/ RE: Annexation & Detachment I' licylate i As a result of a discussion previously held by the City Council this past spring,the Council did desire to explore the possibility of updating its Annexation.& Detachment Policy from 1999& Extension of Utilities"Policy"from 2002. Attached is a proposed Annexation & Detachment Policy engages that these issues. Please note that the Legislature and Governor did enact new legislation regarding this matter and. I have attached it hereto, as well as an excerpt from the LMC Law Summary document LAND USE AND GROWTH MANAGEMENT Concurrent dkt ictu a nt of/week between cities .. -�*:tif: 2` . , Minn.:llitrl- 115 (lac. �-, , ::,� ;..t_, :an,t t"ttl :�:�f St.$t.`•:; -11-I.i it 1 sub d. I,y,a nil °t to ri`tut'tl halt' Law rdaatcd to t'onetirr:nt Lleta.t:in5.'as. of property from one city to another to the Vd:ii' th l:nv•exis;Cd prior to 21.H)i, T h..t' 1:aW had b l' ti f,i tl to 200.i „o.the t both itt;cc l'd to support i"rt the chin ge 1.?t'it to he eon:A:ere& Under Ih. change. if Ow property Cer'rnir•in.i :i lcit one of the ci icf,. petition for ih._' Lit:I:t<:htn CI:4,cllt` 1-ictltlon Y:titi:tttftcd to go forward l throe h the proti„4de't rm i ing the,i pr+i1 t ate itc'\s a:41 the hourni.:i`;' . t tiS.ttn?tf. l t' ilmn rec'on,ntcnd•.'d by ,: :;tats ;illI.x t :?tl Work taroup ro.:ti ye.c;: arc:•. 4-fiC<',irc.li, . I, 2011. (C.1j) Page 25 of 32 CITY OF OAK PARK HEIGHTS Annexation Policy-Jul 2011 y This Policy supersedes and/or replaces any policies adopted at a previous date. DRAFT—Version 7-29--11, Background: The policy and position statements that follow are intended to be general in scope and serve as guiding principles for the City in addressing certain annexation issues. The City Council, however, in approving such policies expressly recognizes that annexation law may change over time and annexation issues tend to arise in the context of unique and fact-specific circumstances. The City Council therefore will, and reserves the right in the future to,analyze all annexation matters on a case-by-case basis.Nothing herein should be construed or interpreted as limiting the City Council's discretion with respect to considering specific annexation matters or to take a position that is not contained herein or is contrary to a position contained herein,should unforeseen circumstances warrant in a particular case or should such position be deemed in the best interest of the City based on the circumstances at the time. General Annexation Policies and Principles: Annexation will be guided based on the principle of opportunity primarily in response to a request from a property owner or others where the requested annexation would be expected to meet one, or more, of the following factors: 1. Assist in the implementation of and be generally consistent with the Comprehensive Plan; 2. Advance the potential to protect or enhance an environmental resource or abate an existing or potential environmental problem; 3. Enhance the efficient and cost-effective extension of infrastructure, municipal services and transportation systems; 4. Result in a significant economic development,tax base or job creation potential; 5. Accomplish another identified policy, goal or strategy of the City Council. In addition to achieving one or more of the foregoing factors,the City regards annexations with the following context,although subject to specific circumstances: • Annexation fundamentally involves a change in the governmental jurisdiction of a piece of property from the township to the City or from city to city consistent with State law. • Annexation should be evaluated from both a regional context and City perspective and a decision to annex will involve the consideration of the effects of annexation on the applicable city,township or other government jurisdictions. This may include joint meetings with neighboring jurisdictions as the direction of the City Council. Page 26 of 32 • The City's preference is for annexation to be initiated by property owner petition and supported by the current jurisdiction. • The City will strive to accomplish annexations under the orderly annexation procedures established in state statute wherever possible. • The City will strive to accomplish annexations in areas contiguous to City corporate limits,unless there is a compelling reason to consider a non-contiguous annexation. • Annexation decisions will be additionally guided by an analysis of infrastructure capacity, ease of infrastructure extension and cost effectiveness of extending infrastructure. • Annexation should include of the impact of annexation on economic and environmental resources and the impact of potential transportation improvements on economic and environmental resources. • Annexation analyses should include, where applicable, such matters as an accurate wage projection oi�tax base expansion, housing units created,job creation,and salary and wabc, creation. Responsibilities of Requesting Party seeking Annexation: in the event an annexation is requested on the part of a property owner(s),the property J detailed maps and legal description must initiate such request in writing,provide deta� ed tion of m p 6 p P parcels to be annexed and shall additionally submit a$10,000 cash deposit. Upon the receipt of such request and deposit,the City will initiate a review process for such annexation consistent with State Statute and the policies stated herein. The requesting party shall be responsible for all City costs associated with the annexation request, whether or not the request is granted by the City or successful. In the event the request is contested annexation, the property owner shall provide an additional cash deposit to the City in an amount necessary as deemed by the City Council to cover all related costs and expenses of the City should the City desire to proceed with the proposal. Zoning of Lands To be Annexed: All lands annexed to the City shall enter the City as with a zoning classification of"O"Open Space. Should land become annexed into the City, the property owner may subsequently seek a rezoning of their lands subject to the processes as established by the City. Circumstances in the Event of Detachment Request from The City In the event there is a request for a detachment from the City,the City will seek a joint meeting with the property owners seeking such detachment and the jurisdiction to which the lands are proposed to be annexed to. Such meeting shall be held so as to gain meaningful information on the nature of the proposal, reason for the detachment request and to ensure all statutory provisions are followed. Page 27 of 32 In the event the City does not satisfactorily agree to continue services outside of its jurisdiction boundaries as proposed under a detachment of City lands to another jurisdiction the City shall terminate all utility services within 30 days of the effective date of detachment. Extension or Provision of City Utility Services—Outside of Jurisdictional Boundaries It is the formal policy of the City not to extend its utilities beyond its municipal boundaries. The singular exception to this policy has been in exchanged service areas with the City of Stillwater where both communities have agreed to serve properties in areas where the other cannot lying north of STH 36 and east of Osgood Ave. Page 28 of 32 LAWS of MINNESOTA for 201 I Ch. 115 CHAPTER 11.5—H.F.No. 753 An act relating to local government; providing for concurrent detachment and annexation; amending Minnesota Statutes 2010, section 414.061, subdivisions 1, 2, 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2010. section 414.061,subdivision 1,is amended to read: Subdivision 1. Both nsunikipaliticN way ib aid t Initiating the proceeding. Property of one municipality which abuts another may be concurrently detached and annexed by the procedure set forth in this section. The proceeding shall be initiated by (1) submitting to the chief administrative law judge resolutions of both municipalities describing the land and stating their desire to detach and annex the land, or (2) submitting to the chief administrative law judge the petition of property owners and the resolution of at least one municipality describing_ the land and stating its desire to have the land concurrently detached and annexed as provided in the property owners'petition. Sec. 2. Minnesota Statutes 2010, section 414.061,subdivision 2, is amended to read: Subd. 2. Order. If both municipalities have submitted resolutions under subdivision 1 and the resolutions are in order, the chief administrative law judge may order the detachment and annexation. Sec. 3. Minnesota Statutes 2010,section 414.061,subdivision 5, is amended to read: Subd. S. Property owners may initiate. Property owners may initiate proceedings for the concurrent detachment of their property from one municipality and its annexation to an adjacent municipality by a petition signed by all of them that they submit to the chief administrative law judge accompanied by a resolution of the city council of eactr at least one of the affected municipalities. The chief administrative law judge shall conduct hearings and issue an order pursuant to section 414.09. In arriving at a decision, the chief administrative law judge shall consider the factors in section 414.02, subdivision 3. The chief administrative law judge shall order the proposed action on finding that it will be for the best interests of the municipalities and the property owner. In all cases, the chief administrative law judge shall set forth the factors which are the basis for the decision. Presented to the governor May 27, 2011 Signed by the governor May 31, 2011, 1:22 p.m. Copyright O 2011 by the Office of the Revisor of Statutes,State of Minnesota. All Rights Reserved. Page 29 of 32 S40- Point Paper _...-._..�,,.�......._..�....... Oak Park Heights Annexation/Consolidation Policy These---- criteria for annexation or consolidatio n are an attempt t to ensure a fair deal to all parties so that one group of citizens does not benefit at the expense of the other. At the same time,the City would have in place a public policy known to all on this olic import ant issue/policy. p Y 1. In the event of consolidation,create a rural taxing/service district-Under the laws of the State of Minnesota,the two parties may agree to the establishment of a rural taxing and service district. That taxing and service district would continue with the and the present taxing as well as the present rural housing type present level of services an g p res p of zoning. Instead of doing a mass rezoning of the area and averaging the total tax rate, thereby lowering the city's taxes and raising township taxes,the city would find it beneficial to keep two separate service and taxing districts. An example of this is the Red ' The separate service/tax Burnside Township 1970's. Tl se p Wing and Burn p consolidation of the early 1970 o • e taxing jurisdictions.still continues to this day with the two sepaiat gJ urisdic Lions. Part of the rationale is, if the area does not need extra services, why charge them for extra services? The result,Township taxes stay the same as do City taxes,with neither area abusing the other. 2. In the event of consolidation,create a Transition Area-There are certain areas outside of any community that may, in the next 20 years,become more urbanized in nature. They may develop either as multi-family, single-family/urban or industrial/commercial areas. This needs to be spelled out so that only these areas would go into transition and would have the potential for developing into a higher density. It should also be guaranteed that the only time that those areas would develop is if the landowners themselves approach the community and ask for the zoning changes. These changes would have to go through the normal rezoning p rocess and, at the same time, would guarantee that the developers would pay all costs of utility services to their areas. This would be the only way that the development could happen. 3. In the event of consolidation- Governance -By state law,the cities have Ili the capability of expanding their City Councils to seven members. If there were to be a consolidation by contract,the parties would guarantee that at least two members would come from the township. If more members run from the township and beat all other candidates,there would be an option having more than two township members. However,there would be a guarantee of two out of the seven members on the City Council coming from the former township area. At the same time,their Planning at least expanding to seven members with the same guarantee of . least would be expand ng two members former township area. Additionally,the Park Commission would from the foam p be expanded to seven members with the guarantee of at least two members from the former township area. Another issue would be the name of the finalized community. To give a transition time for people that live in the community, a combination name would be used to provide a transition time so a decision could be made as to what the city would like and time for the name to be accepted. City of Oak Park Heights will not independently petition 4. Annexation. The C y b or initiate for annexation of property outside of the City limits. All property for annexation must be requested by the property owner of the area in question. All costs of said petition and annexation request must be borne by the petitioner. Page 30 of 32 1 • 5. Detachment/Attaclunent. The City of Oak Park Heights will not initiate actions for detachment/attachment unless we are first petitioned by the affected land owner. As part of the petition,the land owner must first demonstrate efforts to work with the city in which they currently exist. Only after those actions have failed will the City of Oak Park Heights accept a petition from the property owner. Once the petition has been supporter and recipient of the property/project in act p ' would only ac pp accepted,the City y questions. The land owner would be the prime petitioner/proponent for the detachment/attachment to the appropriate state or regional agencies. All City costs associated with the request mus t be paid by the property owner requesting uesting the action. II VIII ICI ctj /C }(.1 Page 31 of 32 a 1 City Council Meeting Minutes May 28,2002 Page 3 of 6 the assumption that the park attendants would be hired following the Parks Commission recommendation. Councilmember Swenson,seconded by Doerr,moved to reconsider the motion made at the May 23 meeting to hire park attendants. Carried 5—0. Discussion held concerning duties performed by seasonal workers public works employees and park attendants. Councilmember Swenson, seconded by Doerr, moved to follow the Parks Commission recommendation to hire park attendants to work 4 p.m. to 9 p.m. weekdays and 9 a.m. to 9 p.m. weekends for a total of 49 hours er week t p to be shared between the two park attendants. Carried 3—2 p 2, Beaudet and McComber, opposed. D. Alcohol Compliance Check Failures Police Chief Swanson reported on the recent alcohol compliance check failures at Pizza Hut and Phil's Club Tara. Swanson recommended the City Council set a hearing to show cause. Mayor Beaudet,seconded by Councilmember Byrne, , Y y Ze, moved to set an Order to Show Cause hearing for both violators at the June 25, 2002 City Council meeting. Carried 5—0. jo 0.2- E. McKean Square East/Request for Shared Services No Uhilkk Acting Administrator Kamper reviewed a letter from the applicant requesting the 6 i t o yI withdrawal of the application for shared services. Councilmember Doerr stated that the City should stick to its past policy of not extending utilities to other cities. Councilmember Doerr,seconded by Byrne,moved to adhere to the City policy to not extend City utility services into another city. Carried 5 —0. F. Fireworks Acting Administrator Kamper noted the recent legalization of cetain types of fireworks o ks and reported that the e Git has received arequest for the operation on of an outdoor fireworks stand. Police Chief Swanson stated police department concerns over storage of fireworks iks at retail locations. Swanson suggested that the City should have some type of control over the sale of fireworks to prevent improper storage. Page 32 of 32 ■- BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 August 3,2011 Mr.Eric A.Johnson,AICP,City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights,MN 55082 Re: Operations of GeoFurnace Heat Pumps Oak Park Heights City Hall Oak Park Heights,Minnesota BA#0822 Mr.Johnson: We have observed that the four (4) GeoFurnace Heat Pumps furnished and installed by the General Contractor, Jorgenson Construction,Inc.,in late 2009/early2010 have developed equipment and operational performance issues and have not consistently operated during the cooling season of 2011. Observed operational issues include: cracking of fluid piping,failure of pumps, loss of coolant fluids and failure of one or more compressors.All with the result being an inability to maintain the programmed interior environmental conditions of temperature and humidity control desired for the new City Hall Building. The General Contractor,Jorgenson Construction,Inc.,has not provided to our office a written report that documents the background and/or reasons for these occurrences. The General Contractor, Jorgenson Construction, Inc. has made repairs and parts replacements on more than one occasion to the Heat Pumps in 2011 but problems have continued. The failure of the GeoFurnace Heat Pumps to properly operate is entirely attributable to the actions and/or inactions of the General Contractor, Jorgenson Construction,Inc. The GeoFurnace Heat Pumps are,thus,rejected. Note that the General Contractor,Jorgenson Construction,Inc., in a letter dated July 28,2011,alleges that it is the design team's approval of the GeoFurnace Heat Pumps as a product substitution in the Bidding Phase that the source of this equipment failure.That is wholly inaccurate and is not in accordance with the terms of the Owner-Contractor Agreement.It is the General Contractor,Jorgenson Construction,Inc.,who selected,provided and installed the Heat Pumps and is fully responsible for replacement of those units. We would advise the General Contractor, Jorgenson Construction, Inc. that, under the terms of the Contract, replacement of that equipment is entirely the responsibility of the General Contractor,Jorgenson Construction,Inc. Should the General Contractor,Jorgenson Construction, Inc. refuse to achieve this replacement work, then the City has the opportunity to achieve that replacement work and should charge those costs to the General Contractor, Jorgenson Construction,Inc. Please review the attached Memorandum of August 3,2011 that addresses this issue. Sincerely, : ET lop&tiC ATE ,INC. • Randy L.Eng,I,RA,AS Vice Presiden tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com ■- BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 August 3,2011 Memorandum Re: Operations of GeoFurnace Heat Pumps Oak Park Heights City Hall Oak Park Heights,Minnesota BA#0822 Relevant Documents • Construction Documents(Project Manual and Drawings),dated February 27,2009(plus Addenda) which includes the General Conditions of the Contract(AIA A201-1987). • Standard Form of Agreement Between Owner and Contractor (AIA A101-1987), dated April 15, 2009 ("The Contract") • Notice To Proceed issued by Owner to General Contractor on April 28,2009. • Certificate of Substantial Completion Phase One(City Hall)(AIA G704-2000),dated May 14,2010. Issues • The Contract,per Specification Section 15825 Water Source Heat Pumps, specifies a manufacturer (Florida Heat Pump) as the basis of design. The Drawings depict sizes, locations and controls for bidding and installation purposes.Other manufacturers may be considered for approval. • The Contract states that the Architect (through the Mechanical Engineering Consultant) is required to make a reasonable - but not exhaustive - examination of manufacturers/products seeking approval and who provide information for use in the project. The Mechanical Engineering Consultant reviewed the GeoFurnace manufacturer's proffered literature prior to approving that product as a substitution. The Contract puts the burden of fully complying with the relevant Specifications upon the Contractor. The Contract puts the burden of selecting and installing the product upon the Contractor. Citations • Approval of a Product as a Substitution • Per Specification Document 002113 Instructions To Bidders,Subarticle 3.3 SUBSTITUTIONS,paragraph 3.3.1 The materials products and equipment described in the Bidding documents establish a standard of required function,dimension appearance,and quality to be met by any proposed substitution. • Owner's Right To Carry Out The Work Per the General Conditions of the Contract (AIA A201-1987 Article 3 Owner, Paragraph 2.4), should the Contractor refuse to replace the Heat Pumps after proper notice,the Owner can do so and the costs shall be borne by the Contractor • Contract is Responsibility To Carry Out the Work in Accordance with the Contract Documents Per the General Conditions of the Contract(AIA A201-1987 Article 3 Contractor,Paragraph 3.3.3),the Contractor shall not be relieved from performing the Work in accordance with the Contract Documents either by activities or duties of the Architect. • Contractor Warrants That the Work Will Be Free of Defects Per the General Conditions of the Contract(AIA A201-1987 Article 3 Contractor,Paragraph 3.5),the Contractor warrants that the Work will be free of defects and that the Work will confirm with the requirements of the Contract Documents. (Continued) tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com I - BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 • St. Paul, Minnesota 55113 Memorandum of August 3,2011 Re:Operations of GeoFurnace Heat Pumps Page 2 • Architect's Review and Approval of Contractor's Submittals Per the General Conditions of the Contract(AIA A201-1987 Article 4 Administration of the Contract,Paragraph 4.2.7): the Architect reviews and approves the Contractor's Submittals for conformance to the design concept, is PF g P not conducted for purposes of substantiating completeness of installation of the equipment which is he Contractor's obligation. • Correction of Work Per the General Conditions of the Contract (AIA A201-1987 Article 12 Uncovering and Correction of Work, Paragraph 12.2.1,the Contractor shall promptly correct Work rejected by the Architect. Per the General Conditions of the Contract (AIA A201-1987 Article 12 Uncovering and Correction of Work, Paragraph ra h 12.2.4,if the Contractor fails to correct the Work within a reasonable time,the Owner may carry it out in accordance with Paragraph 2.4.(that time is fixed by a written notice from the Architect). Attached Document Attached is a copy of each of the following documents: PY g •General Conditions of the Contract(AIA A201-1987) •Document 002113 Instructions To Bidders Thus, The Contractor must replace the defective system at his/her own cost. Ongoing repairs to the current system are also P Y g g P Y the responsibility of the Contractor. tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com OAK PARK HEIGHTS _ lig CITY HALL DOCUMENT 002113 INSTRUCTIONS TO BIDDERS j PART 1 -GENERAL III 1.1 SUMMARY A. Section Includes 1. Instructions to Bidders - AIA Document A701, 1987 Edition, is incorporated into this Project Manual by reference. liFor information on the various types of AIA Documents, contact Architect. PART 2 -PRODUCTS !111 NOT USED I, PART 3-EXECUTION La NOT USED END OF DOCUMENT I .. ill iii it lISSUED FOR BIDS 002113-1 OF 1 INSTRUCTIONS TO BIDDERS 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 4i�ii;�ii�/1� • AIA Document A701 Instructions to Bidders 1987 EDITION • TABLE OF ARTICLES 1. DEFINITIONS 6. POST-BID INFORMATION 2. BIDDER'S REPRESENTATIONS 7. PERFORMANCE BOND AND PAYMENT BOND 3. BIDDING DOCUMENTS 8. FORM OF AGREEMENT BETWEEN OWNER 4. BIDDING PROCEDURES AND CONTRACTOR 5. CONSIDERATION OF BIDS • Copyright 1970, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue,N.W.,Washington, D.C.20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA,' •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A701-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. INSTRUCTIONS TO BIDDERS ARTICLE 1 has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. . DEFINITIONS 2.1.4 The Bid is based upon the materials,equipment and sys- 1.1 Bidding Documents include the Bidding Requirements and tems required by the Bidding Documents without exception. the proposed Contract Documents.The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions ARTICLE 3 to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The pro- BIDDING DOCUMENTS posed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Con- 3.1 COPIES tract (General, Supplementary and other Conditions), Draw- , ings,Specifications and all Addenda issued prior to execution of 3.1.1 Bidders may obtain complete sets of the Bidding Docu- the Contract. ments from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum,if 1.2 Definition set forth in the General Conditions of the Con- any, stated therein. The deposit will be refunded to Bidders tract for Construction, AIA Document A201, or in other Con- who submit a bona fide Bid and return the Bidding Documents tract Documents are applicable to the Bidding Documents. in good condition within ten days after receipt of Bids. The 1.3 Addenda are written or graphic instruments issued by the cost of replacement of missing or damaged documents will be Architect prior to the execution of the Contract which modify deducted from the deposit. A Bidder receiving a Contract or interpret the Bidding Documents by additions, deletions, award may retain the Bidding Documents and the Bidder's clarifications or corrections. deposit will be refunded. 1.4 A Bid is a complete and properly signed proposal to do the 3.1.2 Bidding Documents will not be issued directly to Sub- Work for the sums stipulated therein,submitted in accordance bidders or others unless specifically offered in the Advertise- with the Bidding Documents. ment or Invitation to Bid,Or in supplementary instructions to bidders. 1.5 The Base Bid is the sum stated in the Bid for which the Bid 3.1.3 Bidders shall use complete sets of Bidding Documents in der offers to perform the Work described in the Bidding Docu preparing Bids; neither the Owner nor Architect assumes ments as the base,to which Work may be added or from which responsibility for errors or misinterpretations resulting from the Work may be deleted for sums stated in Alternate Bids. use of incomplete sets of Bidding Documents. 1.6 An Alternate Bid(or Alternate) is an amount stated in the 3.1.4 In making copies of the Bidding Documents available on Bid to be added to or deducted from the amount of the Base the above terms, the Owner and the Architect do so only for Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. the purpose of obtaining Bids on the Work and do not confer a license or grant permission for any other use of the Bidding 1.7 A Unit Price is an amount stated in the Bid as a price per Documents. unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS 1.8 A Bidder is a person or entity who submits a Bid. 3.2.1 The Bidder shall carefully study and compare the Bid- 1.9 A Sub bidder is a person or entity who submits a bid to a ding Documents with each other, and with other work being Bidder for materials, equipment or labor for a portion of the bid concurrently or presently under construction to the extent Work. that it relates to the Work for which the Bid is submitted,shall examine the site and local conditions,and shall at once report ARTICLE 2 to the Architect errors,inconsistencies or ambiguities discovered. BIDDER'S REPRESENTATIONS 3.2.2 Bidders and Sub-bidders requiring clarification or inter- pretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior 2.1 The Bidder by making a Bid represents that: to the date for receipt of Bids. 2.1.1 The Bidder has read and understands the Bidding Docu- 3.2.3 Interpretations, corrections and changes of the Bidding ments and the Bid is made in accordance therewith. Documents will be made by Addendum. Interpretations, cor- 2.1.2 The Bidder has read and understands the Bidding Docu- rections and changes of the Bidding Documents made in any ments or contract documents, to the extent that such docu- other manner will not be binding, and Bidders shall not rely mentation relates to the Work for which the Bid is submitted, upon them. for other portions of the Project,if any,being bid concurrently or presently under construction. 3.3 SUBSTITUTIONS 2.1.3 The Bidder has visited the site, become familiar with 3.3.1 The materials,products and equipment described in the local conditions under which the Work is to be performed and Bidding Documents establish a standard of required function, MA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA° • ©1957•THE A7U1'1987 2 AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NM.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. dimension,appearance and quality to be met by any proposed of the bid security,state the Bidder's refusal to accept award of substitution. less than the combination of Bids stipulated by the Bidder.The 3.3.2 No substitution will be considered prior to receipt of Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner. Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of 4.1.7 Each copy of the Bid shall include the legal name of the Bids. Such requests shall include the name of the material or Bidder and a statement that the Bidder is a sole proprietor,part- equipment for which it is to be substituted and a complete nership, corporation or other legal entity. Each copy shall be description of the proposed substitution including drawings, signed by the person or persons legally authorized to bind the performance and test data,and other information necessary for Bidder to a contract. A Bid by a corporation shall further give an evaluation.A statement setting forth changes in other mate- the state of incorporation and have the corporate seal affixed.A rials, equipment or other portions of the Work including Bid submitted by an agent shall have a current power of changes in the work of other contracts that incorporation of attorney attached certifying the agent's authority to bind the the proposed substitution would require shall be included.The Bidder. burden of proof of the merit of the proposed substitution is upon the proposer.The Architect's decision of approval or dis- 4.2 BID SECURITY approval of a proposed substitution shall be final. 4.2.1 If so stipulated in the Advertisement or Invitation to Bid, 3.3.3 If the Architect approves a proposed substitution prior or supplementary instructions to bidders, each Bid shall be to receipt of Bids,such approval will be set forth in an Adden- accompanied by a bid security in the form and amount dum. Bidders shall not rely upon approvals made in any other required, pledging that the Bidder will enter into a Contract manner. with the Owner on the terms stated in the Bid and will, if 3.3.4 No substitutions will be considered after the Contract required, furnish bonds covering the faithful performance of award unless specifically provided in the Contract Documents. the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security 3.4 ADDENDA shall be forfeited to the Owner as liquidated damages,not as a penalty.The amount of the bid security shall not be forfeited to 3.4.1 Addenda will be mailed or delivered to all who are the Owner in the event the Owner fails to comply with Sub- known by the issuing office to have received a complete set of paragraph 6.2.1. Bidding Documents. 4.2.2 If a surety bond is required, it shall be written on AIA 3.4.2 Copies of Addenda will be made available for inspection Document A310, Bid Bond, unless otherwise provided in the wherever Bidding Documents are on file for that purpose. Bidding Documents,and the attorney-in-fact who executes the 3.4.3 No Addenda will be issued later than four days prior to bond on behalf of the surety shall affix to the bond a certified the date for receipt of Bids except an Addendum withdrawing and current copy of the power of attorney. the request for Bids or one which includes postponement of 4.2.3 The Owner will have the right to retain the bid security the date for receipt of Bids. of Bidders to whom an award is being considered until either 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that (a)the Contract has been executed and bonds,if required,have the Bidder has received all Addenda issued,and the Bidder shall been furnished, or (b) the specified time has elapsed so that acknowledge their receipt in the Bid. Bids may be withdrawn, or(c)all Bids have been rejected. 4.3 SUBMISSION OF BIDS • ARTICLE 4 4.3.1 All copies of the Bid, the bid security, if any,and other documents required to be submitted with the Bid shall be BIDDING PROCEDURES enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified 4:1 FORM AND STYLE OF BIDS with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the 4.1.1 Bids shall be submitted on forms identical to the form Bid is submitted.If the Bid is sent by mail,the sealed envelope included with the Bidding Documents. shall be enclosed in a separate mailing envelope with the nota- tion"SEALED BID ENCLOSED" on the face thereof. 4.1.2 All blanks on the bid form shall be filled in by typewriter or manually in ink. 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the 4.1.3 Where so indicated by the makeup of the bid form,sums time and date for receipt of Bids will be returned unopened. shall be expressed in both words and figures,and in case of dis- crepancy between the two, the amount written in words shall 4.3.3 The Bidder shall assume full responsibility for timely govern. delivery at the location designated for receipt of Bids. 4.3 4 Oral, r tele ra hic Bids are invalid and will 4.1.4 Interlineations alterations and erasures must be initialed O al, o g p by the signer of the Bid. not receive consideration. 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter"No Change." 4.4 MODIFICATION OR WITHDRAWAL OF BID 4.1.6 Where two or more Bids for designated portions of the 4.4.1 A Bid may not be modified, withdrawn or canceled by Work have been requested,the Bidder may,without forfeiture the Bidder during the stipulated time period following the time MA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA® •©1957•.THE. 3 A701-1987 AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W,,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. and date designated for the receipt of Bids,and each Bidder so required and submitted as a prerequisite to the issuance of Bid- agrees in submitting a Bid. ding Documents. 4.4.2 Prior to the time and date designated for receipt of Bids, 6.2 OWNER'S FINANCIAL CAPABILITY a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of 6.2.1 The Owner shall, at the request of the Bidder to whom Bids. Such notice shall be in writing over the signature of the award of a Contract is under consideration and no later than Bidder or by telegram; if by telegram, written confirmation seven days prior to the expiration of the time for withdrawal of over the signature of the Bidder shall be mailed and postmarked Bids, furnish to the Bidder reasonable evidence that financial on or before the date and time set for receipt of Bids.A change arrangements have been made to fulfill the Owner's obligations shall be so worded as not to reveal the amount of the original under the Contract. Unless such reasonable evidence is fur- Bid. nished, the Bidder will not be required to execute the Agree- 4.4.3 Withdrawn Bids may be resubmitted up to the date and ment between the Owner and Contractor. time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 6.3 SUBMITTALS 4.4.4 Bid security,if required,shall be in an amount sufficient 6.3.1 The Bidder shall,as soon as practicable after notification for the Bid as modified or resubmitted. of selection for the award of a Contract, furnish to the Owner through the Architect in writing: .1 a designation of the Work to be performed with the ARTICLE 5 Bidder's own forces; CONSIDERATION OF BIDS .2 names of the manufacturers, products and the sup- CONSIDERATION of principal items or systems of materials and 5.1 OPENING OF BIDS equipment proposed for the Work; and .3 names of persons or entities(including those who are 5.1.1 Unless stated otherwise in the Advertisement or Invita- to furnish materials or equipment fabricated to a Lion to Bid, the properly identified Bids received on time will special design)proposed for the principal portions of be opened publicly and will be read aloud. An abstract of the the Work. Bids will be made available to Bidders.When it has been stated that Bids will be opened privately,an abstract of the same infor 6.3.2 The Bidder will be required to establish to the satisfac mation may,at the discretion of the Owner,be made available tion of the Architect and Owner the reliability and responsibil- to the Bidders within a reasonable time. ity of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. 5.2 REJECTION OF BIDS 6.3.3 Prior to the award of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, 5.2.1 The Owner shall have the right to reject any or all Bids, after due investigation,has reasonable objection to a person or reject a Bid not accompanied by a required bid security or by entity proposed by the Bidder. If the Owner or Architect has other data required by the Bidding Documents, or reject a Bid reasonable objection to a proposed person or entity,the Bidder which is in any way incomplete or irregular. may,at the Bidder's option,(1)withdraw the Bid,or(2)submit an acceptable substitute person or entity with an adjustment in 5.3 ACCEPTANCE OF BID(AWARD) the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the 5.3.1 It is the intent of the Owner to award a Contract to the adjusted bid price or disqualify the Bidder. In the event of lowest responsible Bidder provided the Bid has been submitted either withdrawal or disqualification, bid security will not be in accordance with the requirements of the Bidding Documents forfeited. and does not exceed the funds available.The Owner shall have 6.3.4 Persons and entities proposed.by the Bidder and to the right to waive informalities or irregularities in a Bid received whom the Owner and Architect have made no reasonable and to accept the Bid which,in the Owner's judgment,is in the objection must be used on the Work for which they were pro- Owner's own best interests. posed and shall not be changed except with the written con- 5.3.2 The Owner shall have the right to accept Alternates in sent of the Owner and Architect. any order or combination, unless otherwise specifically pro- vided in the Bidding Documents,and to determine the low Bid- der on the basis of the sum of the Base Bid and Alternates ac- ARTICLE 7 cepted. PERFORMANCE BOND AND PAYMENT BOND ARTICLE 6 POST-BID INFORMATION 7.1 BOND REQUIREMENTS 7.1.1 If stipulated in the Bidding Documents,the Bidder shall 6.1 CONTRACTOR'S QUALIFICATION STATEMENT furnish bonds covering the faithful performance of the Con- tract Bidders to whom award of a Contract is under con- tract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources. sideration shall submit to the Architect, upon request,a prop- erly executed AIA Document A305, Contractor's Qualification 7.1.2 If the furnishing of such bonds is stipulated in the Bid- Statement, unless such a Statement has been previously ding Documents, the cost shall be included in the Bid. If the MA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA® •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.20006 A701-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • • furnishing of such bonds is required after receipt of bids and 7.2.3 The bonds shall be dated on or after the date of the before execution of the Contract, the cost of such bonds shall Contract. be added to the Bid in determining the Contract Sum. 7.2.4 The Bidder shall require the attorney-in-fact who 7.1.3 If the Owner requires that bonds be secured from other executes the required bonds on behalf of the surety to affix than the Bidder's usual sources,changes in cost will be adjusted thereto a certified and current copy of the power of attorney. as provided in the Contract Documents. 7.2 TIME OF DELIVERY AND FORM OF BONDS ARTICLE 8 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution FORM OF AGREEMENT BETWEEN of the Contract.If the Work is to be commenced prior thereto OWNER AND CONTRACTOR in response to a letter of intent, the Bidder shall,prior to com- mencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in 8.1 FORM TO BE USED accordance with this Subparagraph 7.2.1. 7.2.2 Unless otherwise provided, the bonds shall be written 8.1.1 Unless otherwise required in the Bidding Documents, on AIA Document A312, Performance Bond and Payment the Agreement for the Work will be written on AIA Document Bond. Both bonds shall be written in the amount of the Con- A101, Standard Form of Agreement Between Owner and Con- tract Sum. tractor Where the Basis of Payment Is a Stipulated Sum. AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA® •©1187•THE 5 A701-1987 AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subjel to legal prosecution. 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 0;14 AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 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 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915,1918, 1925, 1937, 1951, 1958,1961,1963,1966,1967,1970,1976,©1987 by The American Institute of Architects, 1735 New York Avenue,N.W.,Washington,D.C.,20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. AIACAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. . INDEX Acceptance of Nonconforming Work 9.6,6,9.9.3,12.3 Building Permit 3.7.1 Acceptance of Work . 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Capitalization 1.4 Access to Work 3.16,6.2.1,12.1 Certificate of Substantial Completion 9.8.2 Accident Prevention 4.2,3,10 Certificates for Payment 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, Acts and Omissions . 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 9.6.6,9.7.1,9.8.3,910.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 4.3.9,8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Certificates of Inspection,Testing or Approval 3.12.11,13.5.4 Addenda 1.1.1,3.11 Certificates of Insurance 9.3.2,9.10.2,11.1.3 Additional Cost,Claims for 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Change Orders 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, Additional Inspections and Testing....... 4.2.6,9.8.2,12.2.1,13.5 7.1,7.2, 7.3.2, 8.3.1,9.3.1.1,9.10.3, 11.3.1.2, Additional Time,Claims for • 4.3.6,4.3.8,4.39,8.3.2 11.3.4, 11,3.9, 12.1.2 ADMINISTRATION OF THE CONTRACT 3.3.3,4,9.4,9.5 Change Orders,Definition of 7.2.1 Advertisement or Invitation to Bid 1.1.1 Changes 7.1 Aesthetic Effect 4.2.13,4.5.1 CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3 Allowances 3.8 Claim,Definition of 4.3.1 All-risk Insurance 11.3.1.1 Claims and Disputes 4.3,4.4,4.5,6.2.5,8.3.2, Applications for Payment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 93.1.2,9.3.3,9.10.4, 10.1.4 9.8.3,9.10.1,9.10.3,9.10.4, 11.1.3, 14.2.4 Claims and Timely Assertion of Claims 4.5.6 Approvals .. . . 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8,3.18.3, Claims for Additional Cost 4.3.6,4.3.7,4.3.9,6.1.1,10.3 4.2.7,9.3.2, 11.3.1.4, 13.4.2, 13.5 Claims for Additional Time 4.3.6,4.3.8,4.3.9,8.3.2 Arbitration 4.1.4,4.3.2,4.3.4,4.4.4,4.5, Claims for Concealed or Unknown Conditions 4.3.6 8.3.1, 10.1.2, 11.3.9, 11.3.10 Claims for Damages...3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 Architect 4.1 Claims Subject to Arbitration 4.3.2,4.4.4,4.5.1 Architect,Definition of 4.1.1 Cleaning Up 3.15,6.3 Architect,Extent of Authority 2.4,3.12.6,4.2,4.3.2,4.3.6, Commencement of Statutory Limitation Period 13.7 4.4,5.2,6,3, 7.1.2, 7.2.1,7.3.6, 7.4,9.2,9.3.1, Commencement of the Work,Conditions Relating to 2.1.2, 9.4, 9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3, 12.1, 12.2.1, 2.2.1, 3.2.1,3.2.2, 3.7.1, 3.10.1,3.12.6,4,3.7, 5.2.1, 13.5.1, 13.5.2, 14.2.2,14.2.4 6.2.2,8.1.2,8.2.2,9.2, 11.1.3, 11.3.6, 11.4.1 Architect,Limitations of Authority and Responsibility. 3.3.3,3.12,8, Commencement of the Work,Definition of 8.1.2 3.12.11, 4.1.2, 4.2.1, 4.2,2, 4.2.3,4.2.6, 4.2.7, 4.2.10, 4.2.12, Communications Facilitating Contract 4.2.13, 4.3.2, 5.2.1, 7.4,9.4.2,9.6.4,9.6.6 Administration 3.9.1,4.2.4,5.2.1 Architect's Additional Services and Expenses 2.4,9.8.2, Completion,Conditions Relating to 3.11,3.15,4.2.2,4.2.9, 11.3.1.4-1"22:1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 4.3.2,9.4.2,9.8,9.9.1,9.10, 11.3.5, 12.2.2, 13.7.1 Architect's Administration of the Contract 4.2,4.3.6, COMPLETION,PAYMENTS AND 9 4.3.7,4.4,9.4,9.5 Completion,Substantial 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, —"Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3,12.8,3.18.3,4.2.7 9.8,9.9.1, 12.2.2, 13.7 . Architect's Authority to Reject Work. . .. 3.5.1,4.2.6,12.1.2,12.2.1 Compliance with Laws 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1, Architect's Copyright 1.3 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Architect's Decisions 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Concealed or Unknown Conditions 4.3.6 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1, Conditions of the Contract 1.1.1,1.1.7,6.1.1 9.2,9.4,9.5.1,9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Consent,Written 1.3.1,3.12.8,3.14.2,4.1.2, Architect's Inspections 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 4.3.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2, 10.1.3, 9.9.2,9.10.1, 13.5 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Architect's Instructions. . 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 CONSTRUCTION BY OWNER OR BY SEPARATE Architect's Interpretations 4.2.11,4.2.12,4.3.7 CONTRACTORS 1.1.4,6 Architect's On-Site Observations 4.2.2,4.2.5,4.3.6,9.4.2, Construction Change Directive,Definition of 7.3.1 9.5.1,9.10.1, 13.5 Construction Change Directives .. . , 1.1.1,4.2.8,7.1,7.3,9.3.1,1 Architect's Project Representative 4.2.10 Construction Schedules,Contractor's 3.10,6.1.3 Architect's Relationship with Contractor 1.1.2,3.2.1,3.2.2, Contingent Assignment of Subcontracts 5.4 3.3.3, 3.5.1,3.7.3,3.11,3.12.8, 3.12.11,3.16,3.18,4.2.3,4.2.4, Continuing Contract Performance 4.3.4 4,2.6,4.2.12, 5.2,6.2.2,7.3.4,9.8.2, 11.3.7, 12.1, 13.5 Contract,Definition of 1.1.2 Architect's Relationship with Subcontractors... . 1.1.2,4.2.3,4.2.4, CONTRACT,TERMINATION OR 4.2.6,9.6.3,9.6.4, 11.3.7 SUSPENSION OF THE 4.3.7,5.4.1.1,14 Architect's Representations 9.4.2,9.5.1,9.10.1 Contract Administration 3.3.3,4,9.4,9.5 Architect's Site Visits 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Contract Award and Execution,Conditions Relating to 3.7.1, 9.8.2, 9.9.2, 9.10.1, 13.5 3.10, 5.2,9.2, 11.1.3, 11.3.6, 11.4.1 Asbestos 10.1 Contract Documents,The 1.1,1.2,7 Attorneys'Fees 3.18.1,9.10.2,10.1.4 Contract Documents,Copies Furnished and Use of. . . 1.3,2.2.5,5.3 Award of Separate Contracts 6.1.1 Contract Documents,Definition of 1.1.1 Award of Subcontracts and Other Contracts for Contract Performance During Arbitration 4.3.4,4.5.3 Portions of the Work 5.2 Contract Sum 3.8,4.3.6,4.3.7,4.4.4,5.2.3, Basic Definitions 1.1 6.1.3, 7.2, 7.3,9.1,9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Biddin g Requirements Re 1.1.1,1.1.7,5.2.1,11.4.1 Contract Sum,Definition of 9.1 1. .2 Time 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, Boiler and Machinery Insurance 1 3 Contract Time Bonds,Lien 9.10.2 8.2.1,8.3.1,9.7, 12.1.1 Bonds,Performance and Payment 7.3.6.4,9.10.3,11.3.9,11.4 Contract Time,Definition of 8.1.1 AA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 2 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. CONTRACTOR 3 Emergencies 4.3.7,10.3 Contractor,Definition of 3.1,6.1.2 Employees,Contractor's 3.3.2,3.4.2,3.8.1,3.9,3.18.1, Contractor's Bid 1.1.1 3.18.2,4.2.3,4.2.6,8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Construction Schedules 3.10,6.1.3 Equipment,Labor,Materials and 1.1.3,1.1.6,3.4,3.5.1, Contractor's Employees 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, 3.8.2, 3.12.3, 3.12.7, 3.12.11,3.13, 3.15.1,4.2.7, 4.2.6,8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 6.2.1,7.3.6,9.3.2,9.3.3, 11.3, 12.2.4, 14 Contractor's Liability Insurance 11.1 Execution and Progress of the Work 1.1.3,1.2.3,3.2,3.4.1, Contractor's Relationship with Separate Contractors 3.5.1,4.2.2,4.2.3,4.3.4, 4.3.8,6.2.2,7.1.3, and Owner's Forces 2.2.6,3.12.5,3.14.2,4.2.4,6,12.2.5 7.3,9,8.2,8.3, 9.5,9.9.1, 10.2, 14.2, 14.3 Contractor's Relationship with Subcontractors 1.2.4,3.3.2, Execution,Correlation and Intent of the 3.18.1,3.18.2, 5.2, 5.3,5.4,9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contract Documents 1.2,3.7.1 Contractor's Relationship with the Architect .. . . 1.1.2,3.2.1,3.2.2, Extensions of Time 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1 3.3.3,3.5.1,3.7.3, 3.11,3.12.8 3.16, 3.18,4.2.3,4.2.4,4.2.6, Failure of Payment by Contractor 9.5.1.3,14.2.1.2 4.2.12, 5.2,6.2,2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Failure of Payment by Owner 4.3.7,9.7,14.1.3 Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Faulty Work(See Defective or Nonconforming Work) Contractor's Responsibility for Those Final Completion and Final Payment 4.2.1,4.2.9,4.3.2, Performing the Work 3.3.2,3.18,4.2.3,10 4.3.5,9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Contractor's Review of Contract Documents 1.2.2,3.2,3.7.3 Financial Arrangements,Owner's 2.2.1 Contractor's Right to Stop the Work 9.7 Fire and Extended Coverage Insurance 11.3 Contractor's Right to Terminate the Contract 14.1 L PROVISIONS 1 Contractor's Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, Governing Law 13.1 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2, 9.10.3, 10,1.2, 11.4.2, 11.4.3 Guarantees(See Warranty and Warranties) Contractor's Superintendent 3.9,10.2.6 Hazardous Materials 10.1,10.2.4 Contractor's Supervision and Construction Procedures 1.2.4, Identification of Contract Documents 1.2.1 3.3,3.4,4.2.3, 8.2.2, 8.2.3, 10 Identification of Subcontractors and Suppliers 5.2.1 Contractual Liability Insurance 11.1.1,7,11.2.1 Indemnification 3.17,3.18,9.10.2,10.1.4,11.3.1.2,11.3.7 Coordination and Correlation 1.2.2,1.2.4,3.3.1, Information and Services Required of the Owner 2.1.2,2.2, 3.10, 3.12.7,6.1.3,6.2.1 4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4, 9.8.3,9.9.2, Copies Furnished of Drawings and Specifications . 1.3,2.2.5,3.11 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Correction of Work 2.3,2.4,4.2.1,9.8.2, Injury or Damage to Person or Property 4.3.9 9.9.1, 12.1.2, 12.2, 13.7.1.3 Inspections 3.3.3,3.3.4,3.7.1,4.2.2, Cost,Definition of 7.3.6,14.3.5 4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1, 13.5 Costs .. , . 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3, Instructions to Bidders 1.1.1 6.1.1,6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2,9.10.2,11.3.1.2, Instructions to the Contractor... . 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2 11.3.1.3,11.3.4,11.3.9,12.1,12.2,1,12.2.4,12.2.5,13.5,14 Insurance 4.3,9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11 Cutting and Patching 3.14 6.2.6 Insurance,Boiler and Machinery 11.3.2 Damage to Construction of Owner or Separate Contractors 3.14.2, Insurance,Contractor's Liability 11.1 6.2.4,9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Insurance,Effective Date of 8.2,2,11.1.2 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3 Insurance,Loss of Use 11.3.3 Damages,Claims for.. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Insurance,Owner's Liability 11.2 Damages for Delay 6.1.1,8.3.3,9.5.1.6,9.7 Insurance,Property 10.2.5,11.3 Date of Commencement of the Work,Definition of 8,1.2 Insurance,Stored Materials 9.3.2,11.3.1.4 Date of Substantial Completion,Definition of 8.1.3 INSURANCE AND BONDS 11 Day,Definition of 8.1.4 Insurance Companies,Consent to Partial Occupancy . .9.9.1,11.3.11 Decisions of the Architect 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Insurance Companies,Settlement with 11.3.10 4.3.2,4.3.6, 4.4.1, 4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2, Intent of the Contract Documents 1.2.3,3.12.4, 9.4,9.5.1,9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 4.2.6,4.2.7,4.212,4.2.13, 7.4 Decisions to Withhold Certification 9.5,9.7,14.1.1.3 Interest 13.6 Defective or Nonconforming Work,Acceptance, Rejection and Correction of 2.3,2.4,3.5.1,4.2.1, Interpretation 1.2.5,1.4,1.5,4.1.1,4.3.1,5.1,6.1.2,8.1.4 4.2.6,4.3.5,9.5.2,9.8.2,9.9.1, 10.2.5, 12, 13.7.1.3 Interpretations,Written 4.2.11,4.2.12,4,3.7 Defective Work,Definition of 3.5.1 Joinder and Consolidation of Claims Required 4.5.6 Definitions 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, Judgment on Final Award 4.5.1,4.5.4.1,4.5.7 4.3.1, 5.1,6.1.2,7.2.1,7.3.1, 7.3.6, 8.1,9.1,9.8.1 Labor and Materials,Equipment . . .. 1.1.3,1.1.6,3.4,3.5.1,3.8.2, Delays and Extensions of Time 4.3.1,4.3.8.1,4.3.8.2, 3.12.2, 3.12.3,3.12.7, 3.12.11, 3.13, 3.15.1, 6.1.1,6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 4.2.7,6.2.1, 7.3.6,9.3.2,9.3.3, 12.2.4, 14 7.3.9, 8.1.1,8.3, 10.3.1, 14.1.1.4 Labor Disputes 8.3.1 Disputes 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Laws and Regulations 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7, Documents and Samples at the Site 3.11 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1,13.5.2, 13.6 Drawings,Definition of 1.1.5 Liens 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 Drawings and Specifications,Use and Ownership of 1.1.1,1.3, Limitation on Consolidation or Joinder 4.5.5 2.2.5, 3.11, 5.3 Limitations,Statutes of 4.5.4.2,12.2.6,13.7 Duty to Review Contract Documents and Field Conditions 3.2 Limitations of Authority 3.3.1,4.1.2,4.2.1, Effective Date of Insurance 8.2.2,11.1.2 4.2.3,4.2.7,4.2.10, 5.2.2, 5.2.4,7.4, 11.3.10 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.;WASHINGTON,D.C.20006 A201-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Limitations of Liability 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, Owner's Right to Perform Construction and to 3.17, 3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, Award Separate Contracts 6.1 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Owner's Right to Stop the Work 2.3,4.3.7 Owner's Right to Suspend the Work 14.3 Limitations of Time,General 2.2,1,2.2.4,3.2.1,3.7.3, Owner's Right to Terminate the Contract 14.2 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, Ownership and Use of Architect's Drawings,Specifications 4.3.3, 4.3.4,4.3.6,4.3.9,4.5.4.2,5.2.1, 5.2.3,6.2.4,7.3.4, 7.4, 'and Other Documents 1.1.1,1.3,2.2.5,5.3 8.2,9.5,9.6.2,9.8,9.9,9.10, 11:1.3, 11.3.1, 11.3.2, 11.3.5, Partial Occupancy or Use 9.6.6,9.9,11.3.11 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7 Patching,Cutting and 3.14,6.2.6 Limitations of Time,Specific 2.1.2,2.2.1,2.4,3.10,3.11, Patents,Royalties and 3.17 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5, 5.3, 5.4, 7.3.5, 7.3.9,8.2, Payment,Applications for 4.2.5,9.2,9.3,9.4, 9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7, 9.8.2,9.10.2, 11.1.3, 11.3.6, 9.5.1,9.8.3,9.10.1,9.10.3,9.10.4, 14.2.4 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Payment,Certificates for 4.2.5,4.2.9,9.3.3,9.4,9.5, Loss of Use Insurance 11.3.3 9.6.1,9.6.6, 9.7.1,9.8.3,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 Material Suppliers 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, Payment,Failure of 4.3.7,9.5.1.3, 9.3.1, 9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Materials,Hazardous 10.1,10.2.4 Payment,Final 4.2.1,4.2.9,4.3.2,4.3.5,9.10,11.1.2, Materials,Labor,Equipment and 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 11.1.3, 11.3.5,12.3.1 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7,6.2.1, Payment Bond,Performance Bond and 7.3.6:4, 7.3.6, 9.3.2,9.3.3, 12.2.4, 14 9.10.3, 113.9,11.4 Means,Methods,Techniques, Sequences and Payments,Progress 4.3.4,9.3,9.6, Procedures of Construction 3.3.1,4.2.3,4.2.7,9.4.2 9.8.3,9.10.3, 13.6, 14.2.3 Minor Changes in the Work 1.1.1,4.2.8,4.3.7,7.1,7.4 PAYMENTS'AND COMPLETION 9, 14 MISCELLANEOUS PROVISIONS 13 Payments to Subcontractors 5.4.2,9.5.1.3, Modifications,Definition of 1.1.1 9.6.2,9.6.3,9.6.4, 11.3.8,14.2.1.2 Modifications to the Contract 1.1.1,1.1.2,3.7.3,3.11, PCB 10.1 4.1.2,4.2.1, 5.2.3,7,8.3.1,9,7 Performance Bond and Payment Bond 7.3.6.4, Mutual Responsibility 6.2 9.10.3, 11.3.9, 11.4 Nonconforming Work,Acceptance of 12.3 Permits,Fees and Notices 2.2.3,3.7,3.13,7.3.6.4,10.2.2 Nonconforming Work,Rejection and Correction of 2.3.1, PERSONS AND PROPERTY,PROTECTION OF 10 4.3.5,9.5.2,9.8.2, 12, 13.7.1.3 Polychlorinated Biphenyl 10.1 Notice 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7,4,3.9,3.12.8, Product Data,Definition of 3.12.2 3.12.9, 3.17, 4.3, 4.4.4,4.5, 5.2.1,5.3, 5.4.1.1,8.2.2,9.4.1, Product Data and Samples,Shop Drawings . . . . 3.11,3.12,4.2.7 9.5.1,9.6.1,9.7,9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, Progress and Completion 4.2.2,4.3.4,8.2 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Progress Payments 4.3.4,9.3, Notice,Written 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 9.6, 9.8.3,9.10.3, 13,6, 14.2.3 4.4.4, 4.5, 5.2.1, 5.3, 5.41.1,8.2.2,9.4.1,9.5.1,9.7,9.10, Project,Definition of the 1.1.4 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3,13.5.2, 14 Project Manual,Definition of the 1.1.7 Notice of Testing and Inspections 13.5.1,13.5.2 Project Manuals 2.2.5 Notice to Proceed 8.2.2 Project Representatives 4.2.10 Notices,Permits,Fees and 2.2.3,3.7,3.13,7.3.6.4,10.2.2 Property Insurance 10.2.5,11.3 Observations,Architect's On-Site 4:2.2,4.2.5, PROTECTION OF PERSONS AND PROPERTY 10 4.3.6,9.4.2,9.5.1,9.10.1, 13.5 Regulations and Laws 1.3,3.6,3.7,3.13,4.1.1,4.5.5, Observations,Contractor's 1.2.2,3.2.2 4.5.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Occupancy 9.6.6,9.8.1,9.9,11.3.11 Rejection of Work 3.5.1,4.2.6,12.2 On-Site Inspections by the Architect 4.2.2,4.2.9,4.3.6, Releases of Waivers and Liens 9.10,2 9.4.2,9.8.2, 9.9.2, 9.10.1 Representations 1.2.2,3.5.1,3.12.7, On-Site Observations by the Architect 4.2.2,4.2.5,4.3.6, 6.2.2, 8,2.1, 9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 9.4.2,9.5.1, 9.10.1, 13.5 Representatives 2.1.1,3.1.1,3.9, Orders,Written 2.3,3.9,4,3.7,7,8.2.2,11.3.9,12.1, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 12.2, 13.5.2, 14.3.1 Resolution of Claims and Disputes 4.4,4.5 OWNER 2 Responsibility for Those Performing the Work 3.3.2, 4.2.3,6.1,3,6.2, 10 Owner,Definition of 2.1 Retainage 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Owner,Information and Services Required of the 2.1.2, Review of Contract Documents and Field 2.2,4.3.4,6,9, 10.1.4, 11.2, 11.3, 13.5.1, 14,1.1.5, 14.1.3 Conditions by Contractor 1.2.2,3.2,3.7.3,3.12.7 Owner's Authority 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, Review of Contractor's Submittals by 7.3.1,8.2.2,9.3.1,9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner and Architect 3.10.1,3.10.2,3.11,3.12, Owner's Financial Capability 2,2.1,14.1.1.5 4.2.7, 4.2.9, 5.2.1, 5.2.3,9.2,9.8.2 Owner's Liability Insurance 11.2 Review of Shop Drawings, Product Data Owner's Loss of Use Insurance 11.3.3 and Samples by Contractor 3.12.5 Owner's Relationship with Subcontractors 1.1.2, Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2, 5.2.1, 5.4.1,9.6.4 4.2.6, 4.3.6, 4.5, 5.3,6.1, 6.3, 7.3.1,8.3.1,9.5.1,9.7, 10.2.5, Owner's Right to Carry Out the Work 2.4,12.2.4,14.2.2.2 10.3, 12.2.2, 12.2.4,13.4, 14 Owner's Right to Clean Up 6.3 Royalties and Patents 3.17 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 4 A201-1987 AlA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.;WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 ment, construction systems, standards and workmanship for the Work, and performance of related services. GENERAL PROVISIONS 1.1.7 THE PROJECT MANUAL 1.1 BASIC DEFINITIONS The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample 1.1.1 THE CONTRACT DOCUMENTS forms, Conditions of the Contract and Specifications. The Contract Documents consist of the Agreement between 1.2 EXECUTION,CORRELATION AND INTENT Owner and Contractor(hereinafter the Agreement),Conditions of the Contract(General,Supplementary and other Conditions), 1.2.1 The Contract Documents shall be signed by the Owner Drawings, Specifications, addenda issued prior to execution of and Contractor as provided in the Agreement. If either the the Contract, other documents listed in the Agreement and Owner or Contractor or both do not sign all the Contract Modifications issued after execution of the Contract.A Modifi- Documents, the Architect shall identify such unsigned Docu- cation is (1) a written amendment to the Contract signed by ments upon request. both parties, (2) a Change Order, (3) a Construction Change Directive or(4)a written order for a minor change in the Work 1.2.2 Execution of the Contract by the Contractor is a repre- issued by the Architect. Unless specifically enumerated in the sentation that the Contractor has visited the site,become famil- Agreement, the Contract Documents do not include other iar with local conditions under which the Work is to be per- documents such as bidding requirements (advertisement or formed and correlated personal observations with require- invitation to bid, Instructions to Bidders, sample forms, the ments of the Contract Documents. Contractor's bid or portions of addenda relating to bidding requirements). 1.2.3 The intent of the Contract Documents is to include all 1.1.2 THE CONTRACT items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are comple- The Contract Documents form the Contract for Construction. mentary, and what is required by one shall be as binding as if The Contract represents the entire and integrated agreement required by all; performance by the Contractor shall be between the parties hereto and supersedes prior negotiations, required only to the extent consistent with the Contract Docu- representations or agreements,either written or oral.The Con- ments and reasonably inferable from them as being necessary tract may be amended or modified only by a Modification.The to produce the intended results. Contract Documents shall not be construed to create a contrac- tual relationship of any kind(1)between the Architect and Con 1.2.4 Organization of the Specifications into divisions,sections tractor, (2) between the Owner and a Subcontractor or Sub and articles,and arrangement of Drawings shall not control the subcontractor or(3)between any persons or entities other than Contractor in dividing the Work among Subcontractors or in the Owner and Contractor. The Architect shall, however, be establishing the extent of Work to be performed by any trade. entitled to performance and enforcement of obligations under 1.2.5 Unless otherwise stated in the Contract Documents, the Contract intended to facilitate performance of the words which have well-known technical or construction indus- Architect's duties. try meanings are used in the Contract Documents in accord- 1.1.3 THE WORK ance with such recognized meanings. The term "Work" means the construction and services 1.3 OWNERSHIP AND USE OF ARCHITECT'S required by the Contract Documents, whether completed or DRAWINGS,SPECIFICATIONS AND OTHER partially completed, and includes all other labor, materials, DOCUMENTS equipment and services provided or to be provided by the 1.3.1 The Drawings, Specifications and other documents Contractor to fulfill the Contractor's obligations. The Work prepared by the Architect are instruments of the Architect's may constitute the whole or a part of the Project. service through which the Work to be executed by the Con- 1.1.4 THE PROJECT tractor is described. The Contractor may retain one contract The Project is the total construction of which the Work per- record set.Neither the Contractor nor any Subcontractor,Sub- formed under the Contract Documents may be the whole or a subcontractor or material or equipment supplier shall own or part claim a copyright in the Drawings, Specifications and other art and which may include construction by the Owner or by separate contractors. documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and 1.1.5 THE DRAWINGS will retain all common law,statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, except the tract Documents, wherever located and whenever issued, Contractor's record set,shall be returned or suitably accounted showing the design, location and dimensions of the Work, for to the Architect,on request,upon completion of the Work. generally including plans, elevations, sections, details, sched- The Drawings, Specifications and other documents prepared ules and diagrams. by the Architect,and copies thereof furnished to the Contrac- 1.1.6 THE SPECIFICATIONS tor,are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor, Sub- The Specifications are that portion of the Contract Documents subcontractor or material or equipment supplier on other proj- consisting of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 6 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Rules and Notices for Arbitration 4.5.2 Suspension by the Owner for Convenience 14.3 Safety of Persons and Property 10.2 Suspension of the Work 4.3.7,5.4.2,14.1.1.4,14.3 Safety Precautions and Programs 4.2.3,4.2.7,10.1 Suspension or Termination of the Contract 4.3.7,5.4.1.1,14 Samples,Definition of 3.12.3 Taxes 3.6,7.3.6.4 Samples,Shop Drawings,Product Data and . .. 3.11,3.12,4.2.7 Termination by the Contractor 14.1 Samples at the Site,Documents and 3.11 Termination by the Owner for Cause 5.4.1.1,14.2 Schedule of Values 9.2,9.3.1 Termination of the Architect 4.1.3 Schedules,Construction 3.10 Termination of the Contractor 14.2.2 Separate Contracts and Contractors 1.1.4,3.14.2,4.2.4, TERMINATION OR SUSPENSION OF THE CONTRACT 14 4.5.5,6, 11.3.7, 12.1.2, 12.2.5 Tests and Inspections 3.3.3,4.2.6,4.2.9,9.4.2,12.2.1,13.5 Shop Drawings,Definition of 3.12.1 TIME 8 Shop Drawings,Product Data and Samples . .. . 3.11,3.12,4.2.7 Time,Delays and Extensions of 4.3.8,7.2.1,8.3 Site,Use of 3.13,6.1.1,6.2.1 Time Limits,Specific 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, Site Inspections . ..1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1,13.5 4.2.1, 4.2.11, 4.3,4.4, 4.5, 5.3, 5.4, 7.3.5,7.3.9,8.2, 9.2, 9.3.1, Site Visits,Architect's 4.2.2,4.2.5,4.2.9,4.3.6, 9.3.3, 9.4,1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6, 11.3.10, 9.4.2, 9.5.1, 9.8.2, 9.9.2,9.10.1, 13.5 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Special Inspections and Testing 4.2.6,12.2.1,13.5 Time Limits on Claims 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Specifications,Definition of the 1.1.6 Title to Work 9.3.2,9.3.3 Specifications,The 1.1.1,1.1.6, 1.1.7,1.2.4,1.3,3.11 UNCOVERING AND CORRECTION OF WORK 12 Statutes of Limitations 4.5.4.2,12.2.6,13.7 Uncovering of Work . . 12.1 Stopping the Work 2.3,4.3.7,9.7,10.1.2,10.3, 14.1 Unforeseen Conditions 4.3.6,8.3.1,10.1 Stored Materials 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Unit Prices 7.1.4,7.3.3.2 Subcontractor,Definition of 5.1.1 Use of Documents 1.1.1,1.3,2.2.5,3.12.7,5.3 SUBCONTRACTORS 5 Use of Site 3.13,6.1.1,6.2.1 Subcontractors,Work by 1.2.4,3.3.2,3.12.1, Values,Schedule of 9.2,9.3.1 4.2.3, 5.3, 5.4 Waiver of Claims:Final Payment 4.3.5,4.5.1,9.10.3 Subcontractual Relations 5.3,5.4,9.3.1.2,9.6.2, Waiver of Claims by the Architect 13.4,2 9.6.3,.9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Waiver of Claims by the Contractor 9.10.4,11.3.7,13.4.2 Submittals 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, Waiver of Claims by the Owner 4.3.5,4.5.1,9.9.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1,9.10.2,9.10.3, 10.1.2, 11.1.3 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Subrogation,Waivers of 6.1.1,11.3.5,11.3.7 Waiver of Liens 9.10.2 Substantial Completion 4.2.9,4.3.5.2,8.1.1,8.1.3, Waivers of Subrogation 6.1.1,11.3.5,11.3.7 8.2.3,9.8, 9.9.1, 12.2.1, 12,2.2, 13.7 Warranty and Warranties 3.5,4.2.9, Substantial Completion,Definition of 9.8.1 4.3.5.3,9.3.3, 9.8.2,9.9.1, 12.2.2, 13.7.1.3 Substitution of Subcontractors 5.2.3,5.2.4 Weather Delays 4.3.8.2 Substitution of the Architect 4.1.3 When Arbitration May Be Demanded 4.5.4 Substitutions of Materials 3.5.1 Work,Definition of 1.1.3 Sub-subcontractor,Definition of 5.1.2 Written Consent 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, Subsurface Conditions 4.3.6 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2,9.10.3, 10.1.2, 10.1.3, Successors and Assigns 13.2 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Superintendent 3.9,10.2.6 Written Interpretations 4.2.11,4.2.12,4.3.7 Supervision and Construction Procedures 1.2.4,3.3,3.4, Written Notice 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, 4.2.3, 4.3.4,6.1.3,6.2.4, 7.1.3, 7.3.4,8.2, 8.3.1, 10, 12, 14 4.5, 5.2.1, 5.3, 5.4.11,8.2.2,9.4.1,9.5.1,9.7,9.10, 10.1.2, Surety 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,14.2.2 10,2,6, 11,1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Surety,Consent of 9.9.1,9.10.2,9.10.3 Written Orders 2.3,3.9,4.3.7, Surveys 2.2.2,3.18.3 7,8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 • AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION MA') •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Work without the specific written consent of the Owner and ments and charges required for construction,use or occupancy Architect. The Contractor, Subcontractors, Sub-subcontractors of permanent structures or for permanent changes in existing and material or equipment suppliers are granted a limited facilities. license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the 2.2.4 Information or services under the Owner's control shall Architect appropriate to and for use in the execution of their be furnished by the Owner with reasonable promptness to Work under the Contract Documents. All copies made under avoid delay in orderly progress of the Work. this license shall bear the statutory copyright notice, if any, 2.2.5 Unless otherwise provided in the Contract Documents, shown on the Drawings, Specifications and other documents the Contractor will be furnished,free of charge,such copies of prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- Drawings and Project Manuals as are reasonably necessary for nection with this Project is not to be construed as publication execution of the Work. in derogation of the Architect's copyright or other reserved 2.2.6 The foregoing are in addition to other duties and respon- rights. sibilities of the Owner enumerated herein and especially those 1.4 CAPITALIZATION in respect to Article 6(Construction by Owner or by Separate 1.4.1 Terms capitalized in these General Conditions include Contractors), Article 9(Payments and Completion)and Article those which are (1) specifically defined, (2) the titles of num- 11 (Insurance and Bonds). bered articles and identified references to Paragraphs,Subpara- 2.3 OWNER'S RIGHT TO STOP THE WORK graphs and Clauses in the document or(3) the titles of other 2.3.1 If the Contractor fails to correct Work which is not in documents published by the American Institute of Architects. accordance with the requirements of the Contract Documents 1.5 INTERPRETATION as required by Paragraph 12.2 or persistently fails to carry out 1.5.1 In the interest of brevity the Contract Documents fre- in accordance with the Contract Documents,the Owner, quently omit modifying words such as"all"and"any"and arti- by written order signed personally or by an agent specifically so Iles such as "the" and "an," but the fact that a modifier or an empowered by the Owner in writing, may order the Contrac article is absent from one statement and appears in another is tor to stop the Work,or any portion thereof,until the cause for not intended to affect the interpretation of either statement. such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- ARTICLE 2 tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. OWNER 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.1 DEFINITION 2.4.1 If the Contractor defaults or neglects to carry out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance with the Contract Documents and fails the Agreement and is referred to throughout the Contract within a seven-day period after receipt of written notice from Documents as if singular in number.The term"Owner"means the Owner to commence and continue correction of such the Owner or the Owner's authorized representative. default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second 2.1.2 The Owner upon reasonable written request shall furnish written notice to correct such deficiencies within a second to the Contractor in writing information which is necessary and seven-day period. If the Contractor within such second seven- relevant for the Contractor to evaluate, give notice of or day period after receipt of such second notice fails to com- enforce mechanic's lien rights.Such information shall include a mence and continue to correct any deficiencies, the Owner correct statement of the record legal title to the property on may, without prejudice to other remedies the Owner may which the Project is located,usually referred to as the site,and have, correct such deficiencies. In such case an appropriate the Owner's interest therein at the time of execution of the Change Order shall be issued deducting from payments then or Agreement and, within five days after any change,information thereafter due the Contractor the cost of correcting such defi- of such change in title, recorded or unrecorded. ciencies, including compensation for the Architect's additional services and expenses made necessary by such default,neglect 2,2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REQUIRED OF THE OWNER the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not 2.2.1 The Owner shall, at the request of the Contractor,prior sufficient to cover such amounts, the Contractor shall pay the to execution of the Agreement and promptly from time to time difference to the Owner. thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.[Note: Unless such reasonable ARTICLE 3 evidence were furnished on request prior to the execution of the Agreement, the prospective contractor would not be CONTRACTOR required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical 3.1 DEFINITION Characteristics, legal limitations and utility locations for the site 3.1.1 The Contractor is the person or entity identified as such of the Project, and a legal description of the site. in the Agreement and is referred to throughout the Contract 2.2.3 Except for permits and fees which are the responsibility Documents as if singular in number. The term "Contractor" of the Contractor under the Contract Documents, the Owner means the Contractor or the Contractor's authorized shall secure and pay for necessary approvals,easements,assess- representative. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 3.2 REVIEW OF CONTRACT DOCUMENTS AND 3.5 WARRANTY FIELD CONDITIONS BY CONTRACTOR 3.5.1 The Contractor warrants to the Owner and Architect that 3.2.1 The Contractor shall carefully study and compare the materials and equipment furnished under the Contract will be Contract Documents with each other and with information of good quality and new unless otherwise required or permit- furnished by the Owner pursuant to Subparagraph 2.2.2 and ted by the Contract Documents, that the Work will be free Y p or permitted, at once report to the Architect errors, inconsistencies or from defects not inherent in the quality required o shall p omissions discovered.The Contractor shall not be liable to the and that the Work will conform with the requirements of the Owner or Architect for damage resulting from errors,inconsis- Contract Documents. Work not conforming to these require- tencies or omissions in the Contract Documents unless the ments, including substitutions not properly approved and Contractor recognized such error, inconsistency or omission authorized, may be considered defective. The Contractor's the Architect. If the Con- warranty excludes remedy for damage or defect caused by and knowingly failed to report it to h Y gY tractor p erforms any construction activity knowing it involves abuse,modifications not executed by the Contractor,improper or omission in the Contract or insufficient maintenance, improper operation, or normal recognized error, inconsistency a g e.If required by the Architect, Documents without such notice to the Architect, the Contrac- wear and tear under normal usage. tor shall assu m e appropriate responsibility for such perfor- the Contractor shall furnish satisfactory evidence as to the kind equipment. mance and shall bear an appropriate amount of the attributable and quality of mat erials and costs for correction. 3.6 TAXES 3.2.2 The Contractor shall take field measurements and verify 3.6.1 The Contractor shall pay sales,consumer,use and similar field conditions and shall carefully compare such field mea- taxes for the Work or portions thereof provided by the Con- surements and conditions and other information known to the tractor which are legally enacted when bids are received or Contractor with the Contract Documents before commencing negotiations concluded,whether or not ye t effective or merely activities. Errors, inconsistencies or omissions discovered shall scheduled to go into effect. ac sc g be reported to the Architect at once. 3.7 PERMITS,FEES AND NOTICES 3.2.3 The Contractor shall perform the Work in accordance 3.7.1 Unless otherwise provided in the Contract Documents, with the Contract Documents and submittals approved pur- the Contractor shall secure and pay for the building permit and suant to Paragraph 3.12. other permits and governmental fees, licenses and inspections 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract supervise and direct the Work are received or nego- using The Contractor shall sup � and which are legally required when bids a g ntion. The Contractor usin the Contractor's best skill and atte concluded. g tiations shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures 3.7.2 The Contractor shall comply with and give notices and for coordinating all portions of the Work under the Con- required by laws, ordinances, rules, regulations and lawful tract, unless Contract Documents give other specific instruc- orders of public authorities bearing on performance of the tions concerning in these matters. Work. 3.3.2 The Contractor shall be responsible to the Owner for acts 3.7.3 It is not the Contractor's responsibility to ascertain that and omissions of the Contractor's employees, Subcontractors the Contract Documents are in accordance with applicable and their agents and employees,and other persons performing laws,statutes,ordinances,building codes,and rules and regula- portions of the Work under a contract with the Contractor. tions. However,if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor 3.3.3 The Contractor shall not be relieved of obligations to per- shall promptly notify the Architect and Owner in writing,and form the Work in accordance with the Contract Documents necessary changes shall be accomplished by appropriate either by activities or duties of the Architect in the Architect's Modification. administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the 3.7.4 If the Contractor performs Work knowing it to be con- Contractor. trary to laws,statutes,ordinances,building codes,and rules and regulations without such notice to the Architect and Owner, 3.3.4 The Contractor shall be responsible for inspection of por- the Contractor shall assume full responsibility for such Work tions of Work already performed under this Contract to deter- and shall bear the attributable costs. mine that such portions are in proper condition to receive sub- , sequent Work. 3.8 ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered 3.4.1 Unless otherwise provided in the Contract Documents, by allowances shall be supplied for such amounts and by such the Contractor shall provide and pay for labor,materials,equip persons or entities as the Owner may direct,but the Contractor ment, tools, construction equipment and machinery, water, shall not be required to employ persons or entities against heat, utilities, transportation, and other facilities and services which the Contractor makes reasonable objection. necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- 3.8.2 Unless otherwise provided in the Contract Documents: rated or to be incorporated in the Work. .1 materials and equipment under an allowance shall be discipline and good selected promptly by the Owner to avoid delay in the 3.4.2 The Contractor shall enforce strict disctp g order among the Contractor's employees and o ther p ersons Work; g carr in out the Contract. The Contractor shall not permit .2 allowances shall cover the cost to the Contractor of carrying employment of unfit persons or persons not skilled in tasks materials and equipment delivered at the site and all assigned to them. required taxes, less applicable trade discounts; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 8 A201-1987 AIAs •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. - .3 Contractor's costs for unloading and handling at the which submittals are required the way the Contractor proposes site, labor, installation costs, overhead, profit and to conform to the information given and the design concept other expenses contemplated for stated allowance expressed in the Contract Documents.Review by the Architect amounts shall be included in the Contract Sum and is subject to the limitations of Subparagraph 4.2.7. not in the allowances; ' A whenever costs are more than or less than allowances, 3.12.5 The Contractor shall review,approve and submit to the whenever Contract vecosts Sum shall than be adjusted les can allowances, by Architect Shop Drawings, Product Data, Samples and similar Change Order.The amount the acc Order shay submittals required by the Contract Documents with reason- Change (1)the Order.The between actual Change Order and the able promptness and in such sequence as to cause no delay in con- allowances under Clause 3ween and l costs changes the the Work or in the activities of the Owner or of separate con antra Contractor's no er Claus Clause.8.2. and tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without 3.9 SUPERINTENDENT action. 3.9.1 The Contractor shall employ a competent superinten- 3.12.6 The Contractor shall perform no portion of the Work dent and necessary assistants who shall be in attendance at the requiring submittal and review of Shop Drawings, Product Project site during performance of the Work. The superinten- Data, Samples or similar submittals until the respective submit- dent shall represent the Contractor,and communications given tal has been approved by the Architect. Such Work shall be in to the superintendent shall be as binding as if given to the Con- accordance with approved submittals. tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on 3.12.7 By approving and submitting Shop Drawings, Product written request in each case. Data, Samples and similar submittals,the Contractor represents 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES that the Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or 3.10.1 The Contractor,promptly after being"awarded the Con- will do so, and has checked and coordinated the information tract,shall prepare and submit for the Owner's and Architect's contained within such submittals with the requirements of the. information a Contractor's construction schedule for the Work. Work and of the Contract Documents. The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as 3.12.8 The Contractor shall not be relieved of responsibility required by the conditions of the Work and Project, shall be for deviations from requirements of the Contract Documents related to the entire Project to the extent required by the Con- by the Architect's approval of Shop Drawings, Product Data, tract Documents, and shall provide for expeditious and practi- Samples or similar submittals unless the Contractor has cable execution of the Work. specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written 3.10.2 The Contractor shall prepare and keep current, for the approval to the specific deviation.The Contractor shall not be Architect's approval, a schedule of submittals which is coordi- relieved of responsibility for errors or omissions in Shop'Draw- nated with the Contractor's construction schedule and allows ings, Product Data, Samples or similar submittals by the Archi- the Architect reasonable time to review submittals. tect's approval thereof. 3.10.3 The Contractor shall conform to the most recent 3.12.9 The Contractor shall direct specific attention,in writing schedules. or on resubmitted Shop Drawings, Product Data,Samples or 3.11 DOCUMENTS AND SAMPLES AT THE SITE similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, 3.12.10 Informational submittals upon which the Architect is Change Orders and other Modifications, in good order and not expected to take responsive action may be so identified in marked currently to record changes and selections made during the Contract Documents. construction, and in addition approved Shop Drawings, Prod- 3.12.11 When professional certification of performance criteria uct Data, Samples and similar required submittals. These shall of materials,systems or equipment is required by the Contract be available to the Architect and shall be delivered to the Archi- Documents, the Architect shall be entitled to rely upon the tect for submittal to the Owner upon completion of the Work. accuracy and completeness of such calculations and certifi- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES cations. 3.12.1 Shop Drawings are drawings, diagrams, schedules and 3.13 USE OF SITE other data specially prepared for the Work by the Contractor or 3.13.1 The Contractor shall confine operations at the site to a Subcontractor, Sub-subcontractor, manufacturer, supplier or areas permitted by law, ordinances, permits and the Contract distributor to illustrate some portion of the Work. Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are illustrations, standard schedules, per- materials or equipment. formance charts, instructions, brochures, diagrams and other 3.14 CUTTING AND PATCHING information furnished by the Contractor to illustrate materials 3.14.1 The Contractor shall be responsible for cutting, fitting or equipment for some portion of the Work. or patching required to complete the Work or to make its parts 3.12.3 Samples are physical examples which illustrate fit together properly. . materials, equipment or workmanship and establish standards 3.14.2 The Contractor shall not damage or endanger a portion by which the Work will be judged. of the Work or fully or partially completed construction of the 3.12.4 Shop Drawings, Product Data,Samples and similar sub- Owner or separate contractors by cutting, patching or other- mittals are not Contract Documents.The purpose of their sub- wise altering such construction,or by excavation.The Contrac-. mittal is to demonstrate for those portions of the Work for tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 9 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Owner or a separate contractor except with written consent of tect's consultants, and agents and employees of any of them the Owner and of such separate contractor;such consent shall arising out of(1)the preparation or approval of maps,drawings, not be unreasonably withheld.The Contractor shall not unrea- opinions,reports,surveys,Change Orders,designs or specifica- sonably withhold from the Owner or a separate contractor the tions, or (2) the giving of or the failure to give directions or Contractor's consent to cutting or otherwise altering the Work. instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or 3.15 CLEANING UP failure to give is the primary cause of the injury or damage. 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish - caused by operations under the Contract.At completion of the ARTICLE 4 Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction ADMINISTRATION OF THE CONTRACT equipment, machinery and surplus materials. 4.1 ARCHITECT 3.15.2 If the Contractor fails to clean up as provided in the 4.1.1 The Architect is the person lawfully licensed to practice Contract Documents, the Owner may do so and the cost architecture or an entity lawfully practicing architecture iden- thereof shall be charged to the Contractor. tified as such in the Agreement and is referred to throughout 3.16 ACCESS TO WORK the Contract Documents as if singular in number. The term 3.16.1 The Contractor shall provide the Owner and Architect "Architect" means the Architect or the Architect's authorized access to the Work in preparation and progress wherever representative. located. 4.1.2 Duties,responsibilities and limitations of authority of the 3.17 ROYALTIES AND PATENTS Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the 3.17.1 The Contractor shall pay all royalties and license fees. Owner, Contractor and Architect. Consent shall not be unrea- The Contractor shall defend suits or claims for infringement of sonably withheld. patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for 4.1.3 In case of termination of employment of the Architect, such defense or loss when a particular design,process or prod- the Owner shall appoint an architect against whom the Con- uct of a particular manufacturer or manufacturers is required by tractor makes no reasonable objection and whose status under the,Contract Documents. However, if the Contractor has rea- the Contract Documents shall be that of the former architect. son to believe that the required design,process or product is an 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 infringement of a patent,the Contractor shall be responsible for shall be subject to arbitration. such loss unless such information is promptly furnished to the Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 3.18 INDEMNIFICATION 4.2.1 The Architect will provide administration of the Contract 3.18.1 To the fullest extent permitted by law, the Contractor as described in the Contract Documents, and will be the shall indemnify and hold harmless the Owner,Architect,Archi- Owner's representative (1) during construction, (2) until final tect's consultants, and agents and employees of any of them payment is due and (3) with the Owner's concurrence, from from and against claims, damages,losses and expenses,includ- time to time during the correction period described in Para- ing but not limited to attorneys'fees,arising out of or resulting graph 12.2. The Architect will advise and consult with the from performance of the Work,provided that such claim,dam- Owner.The Architect will have authority to act on behalf of the age, loss or expense is attributable to bodily injury, sickness, Owner only to the extent provided in the Contract Documents, disease or death,or to injury to or destruction of tangible prop- unless otherwise modified by written instrument in accordance erty(other than the Work itself)including loss of use resulting with other provisions of the Contract. therefrom,but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor,a Subcontractor, 4.2.2 The Architect will visit the site at intervals appropriate to anyone directly or indirectly employed by them or anyone for the stage of construction to become generally familiar with the whose acts they may be liable, regardless of whether or not progress and quality of the completed Work and to determine such claim,damage,loss or expense is caused in part by a party in general if the Work is being performed in a manner indicat- ing hereunder. Such obligation shall not be construed ing that the Work,when completed,will be in accordance with to negate, abridge, or reduce other rights or obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist as to a party or person required to make exhaustive or continuous on site inspections described in this Paragraph 3.18. to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work,and will endeavor to under this Paragraph 3.18 by an of the Contractor,a guard the Owner against defects and deficiencies in the Work. Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica 4.2.3 The Architect will not have control over or charge of and tion obligation under this Paragraph 3.18 shall not be limited by will not be responsible for construction means, methods, a limitation on amount or type of damages, compensation or techniques, sequences or procedures,or for safety precautions benefits payable by or for the Contractor or a Subcontractor and programs in connection with the Work, since these are under workers' or workmen's compensation acts, disability solely the Contractor's responsibility as provided in Paragraph benefit acts or other employee benefit acts. 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract 3.18.3 The obligations of the Contractor under this Paragraph Documents.The Architect will not have control over or charge 3.18 shall not extend to the liability Of the Architect,the Archi- of and will not be responsible for acts or omissions of the Con- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 10 A201-1 987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. - tractor,Subcontractors,or their agents or employees,or of any out the Architect's responsibilities at the site. The duties, other persons performing portions of the Work. responsibilities and limitations of authority of such project 4.2.4 Communications Facilitating Contract Administra- representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. Lion.Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- 4.2.11 The Architect will interpret and decide matters concern- rized,the Owner and Contractor shall endeavor to communi- ing performance under and requirements of the Contract cate through the.Architect. Communications by and with the Documents on written request of either the Owner or Contrac- Architect's consultants shall be through the Architect. Commu- tor. The Architect's response to such requests will be made nications by and with Subcontractors and material suppliers with reasonable promptness and within any time limits agreed shall be through the Contractor. Communications by and with upon. If no agreement is made concerning the time within separate contractors shall be through the Owner. which interpretations required of the Architect shall be fur- 4.2.5 Based on the Architect's observations and evaluations of nished in compliance with this Paragraph 4.2, then delay shall the Contractor's Applications for Payment, the Architect will not be recognized on account of failure by the Architect to fur- review and certify the amounts due the Contractor and will nish such interpretations until 15 days after written request is issue Certificates for Payment in such amounts. made for them. 4.2.6 The Architect will have authority to reject Work which 4.2.12 Interpretations and decisions of the Architect will be does not conform to the Contract Documents. Whenever the consistent with the intent of and reasonably inferable from the Architect considers it necessary or advisable for implementa- Contract Documents and will be in writing or in the form of tion of the intent of the Contract Documents,the Architect will drawings,When making such interpretations and decisions,the have authority to require additional inspection or testing of the Architect will endeavor to secure faithful performance by both Work in accordance with Subparagraphs 13.5.2 and 13.5.3, Owner and Contractor, will not show partiality to either and whether or not such Work is fabricated,installed or completed. will not be liable for results of interpretations or decisions so However, neither this authority of the Architect nor a decision rendered in good faith. made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi 4.2.13 The Architect's decisions on matters relating to aesthetic tect to the Contractor,Subcontractors,material and equipment effect will be final if consistent with the intent expressed in the suppliers,their agents or employees,or other persons perform Contract Documents. ing portions of the Work. 4.3 CLAIMS AND DISPUTES 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as 4.3.1 Definition. A Claim is a demand or assertion by one of Shop Drawings, Product Data and Samples, but only for the the parties seeking,as a matter of right,adjustment or interpre- limited purpose of checking for conformance with information ration of Contract terms,payment of money,extension of time given and the design concept expressed in the Contract Docu- or other relief with respect to the terms of the Contract. The ments. The Architect's action will be taken with such reason- term"Claim"also includes other disputes and matters in ques- able promptness as to cause no delay in the Work or in the tion between the Owner and Contractor arising out of or relat- activities of the Owner, Contractor or separate contractors, ing to the Contract. Claims must be made by written notice. while allowing sufficient time in the Architect's professional The responsibility to substantiate Claims shall rest with the judgment to permit adequate review.Review of such submittals party making the Claim. is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and 4.3.2 Decision of Architect. Claims, including those alleging quantities, or for substantiating instructions for installation or an error or omission by the Architect,shall be referred initially performance of equipment or systems,all of which remain the to the Architect for action as provided in Paragraph 4.4.A deci- responsibility of the Contractor as required by the Contract sion by the Architect,as provided in Subparagraph 4.4.4,shall Documents.The Architect's review of the Contractor's submit- be required as a condition precedent to arbitration or litigation tats shall not relieve the Contractor of the obligations under of a Claim between the Contractor and Owner as to all such Paragraphs 3.3,3.5 and 3.12. The Architect's review shall not matters arising prior to the date final payment is due,regardless constitute approval of safety precautions or, unless otherwise of(1)whether such matters relate to execution and progress of specifically stated by the Architect, of any construction means, the Work or(2)the extent to which the Work has been corn- methods,techniques,sequences or procedures.The Architect's pleted. The decision by the Architect in response to a Claim approval of a specific item shall not indicate approval of an shall not be a condition precedent to arbitration or litigation in assembly of which the item is a component. the event(1)the position of Architect is vacant,(2)the Architect has not received evidence or has failed to render a decision 4.2.8 The Architect will prepare Change Orders and Construe- within agreed time limits, (3) the Architect has failed to take tion Change Directives, and may authorize minor changes in action required under Subparagraph 4.4.4 within 30 days after the Work as provided in Paragraph 7.4. the Claim is made, (4)45 days have passed after the Claim has 4.2.9 The Architect will conduct inspections to determine the been referred to the Architect or (5) the Claim relates to a date or dates of Substantial Completion and the date of final mechanic's lien. completion, will receive and forward to the Owner for the 4.3.3 Time Limits on Claims. Claims by either party must be Owner's review and records written warranties and related documents required by the Contract and assembled by the made within 21 days after occurrence of the event giving rise to Contractor, and will issue a final Certificate for Payment upon such Claim or within 21 days after the claimant first recognizes compliance with the requirements of the Contract Documents. the condition giving rise to the Claim,whichever is later.Claims must be made by written notice. An additional Claim made 4.2.10 If the Owner and Architect agree,the Architect will pro- after the initial Claim has been implemented by Change Order vide one or more project representatives to assist in carrying will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 11 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 4.3.4 Continuing Contract Performance. Pending final reso- substantiating that weather conditions were abnormal for the lution of a Claim including arbitration,unless otherwise agreed period of time and could not have been reasonably anticipated, in writing the Contractor shall proceed diligently with perfor- and that weather conditions had an adverse effect on the mance of the Contract and the Owner shall continue to make scheduled construction. payments in accordance with the Contract Documents. 4.3.9 Injury or Damage to Person or Property. If either party 4.3.5 Waiver of Claims: Final Payment. The making of final to the Contract suffers injury or damage to person or property payment shall constitute a waiver of Claims by the Owner because of an act or omission of the other party,of any of the except those arising from: other party's employees or agents, or of others for whose acts .1 liens, Claims, security interests or encumbrances aris- such party is legally liable, written notice of such injury or ing out of the Contract and unsettled; damage, whether or not insured, shall be given to the other .2 failure of the Work to comply with the requirements Pity within a reasonable time not exceeding 21 days after first of the Contract Documents; or observance.The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- .3 terms of special warranties required by the Contract tional cost or time related to this Claim is to be asserted,it shall Documents. be filed as provided in Subparagraphs 4.3.7 or 4:3.8.. 4.3.6 Claims for Concealed or Unknown Conditions. If con- 4.4 RESOLUTION OF CLAIMS AND DISPUTES ditions are encountered at the site which are(1)subsurface or otherwise concealed physical conditions which differ materi- 4.4.1 The Architect will review Claims and take one or more of ally from those indicated in the Contract Documents or (2) the following preliminary actions within ten days of receipt of a unknown physical conditions of an unusual nature,which dif- Claim:(1)request additional supporting data from the claimant, fer materially from those ordinarily found to exist and generally (2)submit a schedule to the parties indicating when the Archi- recognized as inherent in construction activities of the tect expects to take action, (3)reject the Claim in whole or in character provided for in the Contract Documents,then notice part, stating reasons for rejection, (4)recommend approval of by the observing party shall be given to the other party the Claim by the other party or(5)suggest a compromise. The promptly before conditions are disturbed and in no event later Architect may also,but is not obligated to,notify the surety,if than 21 days after first observance of the conditions.The Archi- any, of the nature and amount of the Claim. tect will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contractor's 4.4.2 If a Claim has been resolved,the Architect will prepare or cost of, or time required for, performance of any part of the obtain appropriate documentation. Work,will recommend an equitable adjustment in the Contract 4.4.3 If a Claim has not been resolved, the party making the Sum or Contract Time,or.both.If the Architect determines that Claim shall, within ten days after the Architect's preliminary the conditions at the site are not materially different from those response,take one or mote of the following actions:(1)submit indicated in the Contract Documents and that no change in the additional supporting data requested by the Architect, (2) terms of the Contract is justified, the Architect shall so notify modify the initial Claim or(3)notify the Architect that the initial the Owner and Contractor in writing, stating the reasons. Claim stands. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given 4.4.4 If a Claim has not been resolved after consideration of the notice of the decision. If the Owner and Contractor cannot foregoing and of further evidence presented by the parties or agree on an adjustment in the Contract Sum or Contract Time, requested by the Architect, the Architect will notify the parties the adjustment shall be referred to the Architect for initial deter- in writing that the Architect's decision will be made within mination,subject to further proceedings pursuant to Paragraph seven days,which decision shall be final and binding on the 4.4. parties but subject to arbitration, Upon expiration of such time 4.3.7 Claims for Additional Cost. If the Contractor wishes to period, the Architect will render to the parties the Architect's make Claim for an increase in the Contract Sum,written notice written decision relative to the Claim, including any change in as provided herein shall be given before proceeding to execute the Contract Sum or Contract Time or both.If there is a surety the Work. Prior notice is not required for Claims relating to an and there appears to be a possibility of a Contractor's default, emergency endangering life or property arising under Para- the Architect may,but is not obligated to,notify the surety and graph 10.3. If the Contractor believes additional cost is request the surety's assistance in resolving the controversy. involved for reasons including but not limited to(1)a written 4.5 ARBITRATION interpretation from the Architect,(2)an order by the Owner to stop the Work where the Contractor was not at fault,(3)a writ- 4.5.1 Controversies and Claims Subject to Arbitration.Any ten order for a minor change in the Work issued by the Archi- controversy or Claim arising out of or related to the Contract, tect,(4)failure of payment by the Owner,(5)termination of the or the breach thereof, shall be settled by arbitration in accor- Contract by the Owner, (6) Owner's suspension or (7) other dance with the Construction Industry Arbitration Rules of the reasonable grounds,Claim shall be filed in accordance with the American Arbitration Association, and judgment upon the procedure established herein. award rendered by the arbitrator or arbitrators may be entered 4.3.8 Claims for Additional Time in any court having jurisdiction thereof, except controversies 4.3.8.1 If the Contractor wishes to make Claim for an increase or Claims relating to aesthetic effect and except those waiyed as in the Contract Time,written notice as provided herein shall be provided for in Subparagraph 4.3.5. Such controversies or given. The Contractor's Claim shall include an estimate of cost Claims upon which the Architect has given notice and rendered and of probable effect of delay on progress of the Work.In the a decision as provided in Subparagraph 4.4.4 shall be subject to case of a continuing delay only one Claim is necessary. arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim 4.3.8.2 If adverse weather conditions are the basis for a Claim has been referred to the Architect as provided in Paragraph 4.3 for additional time, such Claim shall be documented by data and no decision has been rendered. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 12 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. . 4.5.2 Rules and Notices for Arbitration. Claims between the 4.5.6 Claims and Timely Assertion of Claims. A party who Owner and Contractor not resolved under Paragraph 4.4 shall, files a notice of demand for arbitration must assert in the if subject to arbitration under Subparagraph 4.5.1, be decided demand all Claims then known to that party on which arbitra- by arbitration in accordance with the Construction Industry tion is permitted to be demanded.When a party fails to include Arbitration Rules of the American Arbitration Association cur- a Claim through oversight, inadvertence or excusable neglect, ,subse uentl acquired rently in effect, unless the parties mutually agree otherwise. or when a Claim has matured or been ac q subsequently, Notice of demand for arbitration shall be filed in writing with the arbitrator or arbitrators may permit amendment. the other party to the Agreement between the Owner and Con 4.5.7 Judgment on Final Award. The award rendered by the tractor and with the American Arbitration Association, and a arbitrator or arbitrators shall be final, and judgment may be copy shall be filed with the Architect. entered upon it in accordance with applicable law in any court 4.5.3 Contract Performance During Arbitration.During arbi- having jurisdiction thereof. tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. ARTICLE 5 4.5.4 When Arbitration May Be Demanded.Demand for arbi- tration of any Claim may not be made until the earlier of(1)the , SUBCONTRACTORS date on which the Architect has rendered a final written deci- 5.1 DEFINITIONS sion on the Claim, (2)the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable 5.1.1 A Subcontractor is.a person or entity who has a direct opportunity to do so, if the Architect has not rendered a final contract with the Contractor to perform a portion of the Work written decision by that date, or (3) any of the five events at the site.The term"Subcontractor"is referred to throughout described in Subparagraph 4.3.2. the Contract Documents as if singular in number and means a 4.5.4.1 When a written decision of,the Architect states that(1) Subcontractor or an authorized representative of the Subcon- the decision is final but subject to arbitration and(2)a demand tractor. The term "Subcontractor" does not include a separate for arbitration of a Claim covered by such decision must be contractor or subcontractors of a separate contractor. made within 30 days after the date on which the party making 5.1.2 A Sub-subcontractor is a person or entity who has a the demand receives the final written decision, then failure to direct or indirect contract with a Subcontractor to perform a demand arbitration within said 30 days' period shall result in portion of the Work at the site.The term"Sub-subcontractor" the Architect's decision becoming final and binding upon the is referred to throughout the Contract Documents as if singular Owner and Contractor. If the Architect renders a decision after in number and means a Sub-subcontractor or an authorized arbitration proceedings have been initiated,such decision may representative of the Sub-subcontractor. be entered as evidence,but shall not supersede arbitration pro- ceedings, unless the decision is acceptable to all parties 5.2 AWARD OF SUBCONTRACTS AND OTHER concerned. CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or 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 the bidding requirements, the Contractor, as soon as prac 4.5.4.1 as applicable, and in other cases within a reasonable ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or end - time after the Claim has arisen,and in no event shall it be made after the date when institution of legal or equitable proceedings ties(including those who are to furnish materials or equipment based on such Claim would be barred by the applicable statute fabricated to a special design)proposed for each principal por- of limitations as determined pursuant to Paragraph 13.7. tion of the Work.The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the 4.5.5 Limitation on Consolidation or Joinder. No arbitration Architect, after due investigation, has reasonable objection to arising out of or relating to the Contract Documents shall any such proposed person or entity. Failure of the Owner or include, by consolidation or joinder or in any other manner, Architect to reply promptly shall constitute notice of no reason- the Architect, the Architect's employees or consultants,except able objection. by written consent containing specific reference to the Agree- 5.2.2 The Contractor shall not contract with a proposed per- ment and signed by the Architect,Owner,Contractor and any son or entity to whom the Owner or Architect has made rea- other person or entity sought to be joined.No arbitration shall sonable and timely objection. The Contractor shall not be include, by consolidation or joinder or in any other manner, required to contract with anyone to whom the Contractor has parties other than the Owner, Contractor, a separate contrac made reasonable objection. tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence 5.2.3 If the Owner or Architect has reasonable objection to a is required if complete relief is to be accorded in arbitration.No person or entity proposed by the Contractor, the Contractor person or entity other than the Owner,Contractor or a separate shall propose another to whom the Owner or Architect has no contractor as described in Article 6 shall be included as an orig- reasonable objection. The Contract Sum shall be increased or inal third party or additional third party to an arbitration whose decreased by the difference in cost occasioned by such change interest or responsibility is insubstantial.Consent to arbitration and an appropriate Change Order shall be issued.However,no involving an additional person or entity shall not constitute increase in the Contract Sum shall be allowed for such change consent to arbitration of a dispute not described therein or with unless the Contractor has acted promptly and responsively in a person or entity not named or described therein. The fore- submitting names as required. going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties 5.2.4 The Contractor shall not change a Subcontractor,person to the Agreement shall be specifically enforceable under appli- or entity previously selected if the Owner or Architect makes cable law in any court having jurisdiction thereof. reasonable objection to such change. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.;WASHINGTON,D.C.20006 A201-1987 13 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 5.3 SUBCONTRACTUAL RELATIONS 6.1.3 The Owner shall provide for coordination of the activi- 5.3.1 By appropriate agreement,written where legally required ties of the Owner's own forces and of each separate contractor for validity,the Contractor shall require each Subcontractor,to with the Work of the Contractor, who shall cooperate with the extent of the Work to be performed by the Subcontractor, them.The Contractor shall participate with other separate con- to be bound to the Contractor by terms of the Contract Docu tractors and the Owner in reviewing their construction sched- ments,and to assume toward the Contractor all the obligations ules when directed to do so. The Contractor shall make any and responsibilities which the Contractor, by these Docu revisions to the construction schedule and Contract Sum ments,assumes toward the Owner and Architect.Each subcon- deemed necessary after a joint review and mutual agreement. tract agreement shall preserve and protect the rights of the The construction schedules shall then constitute the schedules Owner and Architect under the Contract Documents with to be used by the Contractor, separate contractors and the respect to the Work to be performed by the Subcontractor so Owner until subsequently revised. that subcontracting thereof will not prejudice such rights, and 6.1.4 Unless otherwise provided in the Contract Documents, shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all when the Owner performs construction or operations related rights, remedies and redress against the Contractor that the to the Project with the Owner's own forces,the Owner shall be Contractor, by the Contract Documents, has against the deemed to be subject to the same obligations and to have the Owner. Where appropriate, the Contractor shall require each same rights which apply to the Contractor under the Condi Subcontractor to enter into similar agreements with Sub-sub- tions of the Contract, including, without excluding others, contractors. The Contractor shall make available to each pro those stated in Article 3, this Article 6 and Articles 10, 11 posed Subcontractor,prior to the execution of the subcontract and 12. agreement, copies of the Contract Documents to which the 6.2 MUTUAL RESPONSIBILITY Subcontractor will be bound,and,upon written request of the Subcontractor, identify to the Subcontractor terms and condi- 6.2.1 The Contractor shall afford the Owner and separate con- tions of the proposed subcontract agreement which may be at tractors reasonable opportunity for introduction and storage of variance with the Contract Documents. Subcontractors shall their materials and equipment and performance of their activi- similarly make copies of applicable portions of such documents ties and shall connect and coordinate the Contractor's con- available to their respective proposed Sub-subcontractors. struction and operations with theirs as required by the Contract 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Documents. 5.4.1 Each subcontract agreement for a portion of the Work is 6.2.2 If part of the Contractor's Work depends for proper assigned by the Contractor to the Owner provided that: execution or results upon construction or operations by the .1 assignment is effective only after termination of the Owner or a separate contractor, the Contractor shall, prior to Contract by the Owner for cause pursuant to Para- proceeding with that portion of the Work,promptly report to graph 14.2 and only for those subcontract agreements the Architect apparent discrepancies or defects in such other which the Owner accepts by notifying the Subcon- construction that would render it unsuitable for such proper tractor in writing; and execution and results. Failure of the Contractor so to report .2 assignment is subject to the prior rights of the surety, shall constitute an acknowledgment that the Owner's or sepa- aany,assignment i obligated under bond relating rights the Contrety, rate contractors'completed or partially completed construction if is fit and proper to receive the Contractor's Work,except as to 5.4.2 If the Work has been suspended for more than 30 days, defects not then reasonably discoverable. the Subcontractor's compensation shall be equitably adjusted. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ARTICLE 6 ble therefor. wrong- CONSTRUCTION BY OWNER 6.2.4 The Contractor shall promptly remedy damage wrong- OR BY SEPARATE CONTRACTORS fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION contractors as provided in Subparagraph 10.2.5. AND TO AWARD SEPARATE CONTRACTS 6.2.5 Claims and other disputes and matters in question 6.1.1 The Owner reserves the right to perform construction or p q g p between the Contractor and a separate contractor shall be sub- operations related to the Project with the Owner's own forces, ject to the provisions of Paragraph 4.3 provided the separate and to award separate contracts in connection with other por- contractor has reciprocal obligations. Lions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially 6.2.6 The Owner and each separate contractor shall have the similar to these including those portions related to insurance same responsibilities for cutting and patching as are described and waiver of subrogation. If the Contractor claims that delay for the Contractor in Paragraph 3.14. or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided else- 6.3 OWNER'S RIGHT TO CLEAN UP where in the Contract Documents. 6.3.1 If a dispute arises among the Contractor, separate con- 6.1.2 When separate contracts are awarded for different por- tractors and the Owner as to the responsibility under their tions of the Project or other construction or operations on the respective contracts for maintaining the premises and surround- site,the term"Contractor"in the Contract Documents in each ing area free from waste materials and rubbish as described in case shall mean the Contractor who executes each separate Paragraph 3.15, the Owner may clean up and allocate the cost Owner-Contractor Agreement. among those responsible as the Architect determines to be just. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 14 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 7 .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- CHANGES IN THE WORK age fee; or .4 as provided in Subparagraph 7.3.6. 7.1 CHANGES 7.3.4 Upon receipt of a Construction Change Directive, the 7.1.1 Changes in the Work may be accomplished after execu- Contractor shall promptly proceed with the change in the tion of the Contract,and without invalidating the Contract, by Work involved and advise the Architect of the Contractor's Change Order, Construction Change Directive or order for a agreement or disagreement with the method, if any, provided minor change in the Work,subject to the limitations stated in in the Construction Change Directive for determining the pro- this Article 7 and elsewhere in the Contract Documents. posed adjustment in the Contract Sum or Contract Time. 7.1.2 A Change Order shall be based upon agreement among 7.3.5 A Construction Change Directive signed by the Contrac- the Owner, Contractor and Architect; a Construction Change tor indicates the agreement of the Contractor therewith,includ- Directive requires agreement by the Owner and Architect and ing adjustment in Contract Sum and Contract Time or the may or may not be agreed to by the Contractor;an order for a method for determining them. Such agreement shall be effec- minor change in the Work may be issued by the Architect tive immediately and shall be recorded as a Change Order. alone. 7.3.6 If the Contractor does not respond promptly or disagrees 7.1.3 Changes in the Work shall be performed under appli- with the method for adjustment in the Contract Sum, the cable provisions of the Contract Documents,and the Contrac- method and the adjustment shall be determined by the Archi- tor shall proceed promptly, unless otherwise provided in the tect on the basis of reasonable expenditures and savings of Change Order, Construction Change Directive or order for a those performing the Work attributable to the change, includ- minor change in the Work. ing, in case of an increase in the Contract Sum, a reasonable 7.1.4 If unit prices are stated in the Contract Documents or allowance for overhead and profit.In such case,and also under subsequently agreed upon, and if quantities originally con- Clause 7.3.3.3, the Contractor shall keep and present,in such templated are so changed in a proposed Change Order or Con- form as the Architect may prescribe, an itemized accounting struction Change Directive that application of such unit prices together with appropriate supporting data. Unless otherwise to quantities of Work proposed will cause substantial inequity provided in the Contract Documents,costs for the purposes of to the Owner or Contractor, the applicable unit prices shall be this Subparagraph 7.3.6 shall be limited to the following: equitably adjusted. .1 costs of labor, including social security, old age and 7.2 CHANGE ORDERS unemployment insurance,fringe benefits required by agreement or custom, and workers' or workmen's 7.2.1 A Change Order is a written instrument prepared by the compensation insurance; Architect and signed by the Owner, Contractor and Architect, .2 costs of materials, supplies and equipment, includ- stating their agreement upon all of the following: ing cost of transportation, whether incorporated or .1 a change in the Work; consumed; .2 the amount of the adjustment in the Contract Sum,if .3 rental costs of machinery and equipment,exclusive of any; and hand tools, whether rented from the Contractor or .3 the extent of the adjustment in the Contract Time, if others; any. .4 costs of premiums for all bonds and insurance,permit fees, and sales, use or similar taxes related to the 7.2.2 Methods used in determining adjustments to the Contract Work; and Sum may include those listed in Subparagraph 7.3.3. .5 additional costs of supervision and field office person- 7.3 CONSTRUCTION CHANGE DIRECTIVES nel directly attributable to the change. 7.3.1 A Construction Change Directive is a written order pre 7.3.7 Pending final determination of cost to the Owner, pared by the Architect and signed by the Owner and Architect, amounts not in dispute may be included in Applications for directing a change in the Work and stating a proposed basis for Payment. The amount of credit to be allowed by the Contrac adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, tor to the Owner for a deletion or change which results in a net con- without invalidating the Contract, order changes in the Work decrease in the Contract Sum shall be actual net cost as con firmed by the Architect. When both additions and credits within the general scope of the Contract consisting of addi- covering related Work or substitutions are involved in a bons, deletions or other revisions, the Contract Sum and Con change, the allowance for overhead and profit shall be figured tract Time being adjusted accordingly. on the basis of net increase,if any,with respect to that change. 7.3.2 A Construction Change Directive shall be used in the 7.3.8 If the Owner and Contractor do not agree with the absence of total agreement on the terms of a Change Order. adjustment in Contract Time or the method for determining it, 7.3.3 If the Construction Change Directive provides for an the adjustment or the method shall be referred to the Architect adjustment to the Contract Sum, the adjustment shall be based for determination. on one of the following methods: 7.3.9 When the Owner and Contractor agree with the deter- .1 mutual acceptance of a lump sum properly itemized mination made by the Architect concerning the adjustments in and supported by sufficient substantiating data to per- the Contract Sum and Contract Time,or otherwise reach agree- mit evaluation; ment upon the adjustments, such agreement shall be effective .2 unit prices stated in the Contract Documents or sub- immediately and shall be recorded by preparation and execu- sequently agreed upon; tion of an appropriate Change Order. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 15 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 7.4 MINOR CHANGES IN THE WORK . ARTICLE 9 7.4.1 The Architect will have authority to order minor changes PAYMENTS AND COMPLETION in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the 9.1 CONTRACT SUM intent of the Contract Documents. Such changes shall be 9,1.1 The Contract Sum is stated in the Agreement and,includ- effected by written order and shall be binding on the Owner ing authorized adjustments,is the total amount payable by the and Contractor. The Contractor shall carry out such written Owner to the Contractor for performance of the Work under orders promptly. the Contract Documents. . ARTICLE 8 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor TIME shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- 8.1 DEFINITIONS ported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect, ma 8.1.1 Unless otherwise provided, Contract Time is the period q of time, including authorized adjustments,allotted in the Con- shall be used as a basis for reviewing the Contractor's Applica- tract Documents for Substantial Completion of the Work. tions for Payment. 8.1.2 The date of commencement of the Work is the date 9 3 APPLICATIONS FOR PAYMENT established in the Agreement.The date shall not be postponed 9.3.1 At least ten days before the date established for each by the failure to act of the Contractor or of persons or entities progress payment,the Contractor shall submit to the Architect for whom the Contractor is responsible. an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application 8.1.3 The date of Substantial Completion is the date certified shall be notarized, if required, and supported by such data by the Architect in accordance with Paragraph 9.8. substantiating the Contractor's right to payment as the Owner 8.1.4 The term"day"as used in the Contract Documents shall or Architect may require, such as copies of requisitions from mean calendar day unless otherwise specifically defined. Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the 9.3.1.1 Such applications may include requests for payment on essence of the Contract. By executing the Agreement the Con- account of changes in the Work which have been properly tractor confirms that the Contract Time is a reasonable period authorized by Construction Change Directives but not yet for performing the Work. included in Change Orders. 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such applications may not include requests for pay- ment or instruction of the Owner in writing,prematurely com ment of amounts the Contractor does not intend to pay to a mence operations on the site or elsewhere prior to the effective Subcontractor or material supplier because of a dispute or other date of insurance required by Article 11 to be furnished by the reason. Contractor. The date of commencement of the Work shall not 9.3.2 Unless otherwise provided in the Contract Documents, be changed by the effective date of such insurance. Unless the payments shall be made on account of materials and equipment date of commencement is established by a notice to proceed delivered and suitably stored at the site for subsequent incor- given by the Owner, the Contractor shall notify the Owner in poration in the Work. If approved in advance by the Owner, writing not less than five days or other agreed period before payment may similarly be made for materials and equipment commencing the Work to permit the timely filing of mortgages, suitably stored off the site at a location agreed upon in writing. mechanic's liens and other security interests. Payment for materials.and equipment stored on or off the site 8.2.3 The Contractor shall proceed expeditiously with ade shall be conditioned upon compliance by the Contractor with quate forces and shall achieve Substantial Completion within procedures satisfactory to the Owner to establish the Owner's the Contract Time. title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, 8.3 DELAYS AND EXTENSIONS OF TIME storage and transportation to the site for such materials and 8.3.1 If the Contractor is delayed at any time in progress of the equipment stored off the site. Work by an act or neglect of the Owner or Architect,or of an 9.3.3 The Contractor warrants that title to all Work covered by employee of either, or of a separate contractor employed by an Application for Payment will pass to the Owner no later than the Owner, or by changes ordered in the Work, or by labor the time of payment. The Contractor further warrants that disputes,fire,unusual delay in deliveries,unavoidable casualties upon submittal of an Application for Payment all Work for or other causes beyond the Contractor's control, or by delay which Certificates for Payment have been previously issued authorized by the Owner pending arbitration, or by other and payments received from the Owner shall,to the best of the causes which the Architect determines may justify delay, then Contractor's knowledge, information and belief, be free and the Contract Time shall be extended by Change Order for such clear of liens, claims, security interests or encumbrances in reasonable time as the Architect may determine. favor of the Contractor, Subcontractors, material suppliers, or 8.3.2 Claims relating to time shall be made in accordance with other persons or entities making a claim by reason of having applicable provisions of Paragraph 4.3. provided labor, materials and equipment relating to the Work. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam 9.4 CERTIFICATES FOR PAYMENT ages for delay by either party under other provisions of the 9.4.1 The Architect will,within seven days after receipt of the Contract Documents. Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 16 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution- Owner a Certificate for Payment, with a copy to the Contrac- 9.5.2 When the above reasons for withholding certification are tor, for such amount as the Architect determines is properly removed, certification will be made for amounts previously due, or notify the Contractor and Owner in writing of the withheld. Architect's reasons for withholding certification in whole or in 9.6 PROGRESS PAYMENTS part as provided in Subparagraph 9.5.1. 9.6.1 After the Architect has issued a Certificate for Payment, 9.4.2 The issuance of a Certificate for Payment will constitute a the Owner shall make payment in the manner and within the representation by the Architect to the Owner, based on the time provided in the Contract Documents, and shall so notify Architect's observations at the site and the data comprising the the Architect. Application for Payment, that the Work has progressed to the 9.6.2 The Contractor shall promptly pay each Subcontractor, point indicated and that, to the best of the Architect's knowl- upon receipt of payment from the Owner, out of the amount edge, information and belief, quality of the Work is in accor- paid to the Contractor on account of such Subcontractor's por- dance with the Contract Documents.The foregoing representa- tion of the Work, the amount to which said Subcontractor is tions are subject to an evaluation of the Work for conformance entitled,reflecting percentages actually retained from payments with the Contract Documents upon Substantial Completion,to to the Contractor on account of such Subcontractor's portion results of subsequent tests and inspections,to minor deviations of the Work. The Contractor shall, by appropriate agreement from the Contract Documents correctable prior to completion with each Subcontractor, require each Subcontractor to make and to specific qualifications expressed by the Architect. The payments to Sub-subcontractors in similar manner. issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the 9.6.3 The Architect will, on request, furnish to a Subcontrac- amount certified.However,the issuance of a Certificate for Pay- tor, if practicable, information regarding percentages of com- ment will not be a representation that the Architect has (1) pletion or amounts applied for by the Contractor and action made exhaustive or continuous on-site inspections to check the taken thereon by the Architect and Owner on account of por- quality or quantity of the Work, (2) reviewed construction tions of the Work done by such Subcontractor. means, methods, techniques, sequences or procedures, (3) 9.6.4 Neither the Owner nor Architect shall have an obligation reviewed copies of requisitions received from Subcontractors to pay or to see to the payment of money to a Subcontractor and material suppliers and other data requested by the Owner except as may otherwise be required by law. to substantiate the Contractor's right to payment or (4)made examination to ascertain how or for what purpose the Contrac- 9.6.5 Payment to material suppliers shall be treated in a manner tor has used money previously paid on account of the Contract similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4. Sum. 9.6.6 A Certificate for Payment, a progress payment,or partial 9.5 DECISIONS TO WITHHOLD CERTIFICATION or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the 9.5.1 The Architect may decide not to certify payment and Contract Documents. may withhold a Certificate for Payment in whole or in part, to 9,7 FAILURE OF PAYMENT the extent reasonably necessary to.protect the Owner,if in the Architect's opinion the representations to the Owner required 9.7.1 If the Architect does not issue a Certificate for Payment, by Subparagraph 9.4.2 cannot be made. If the Architect is through no fault of the Contractor, within seven days after unable to certify payment in the amount of the Application,the receipt of the Contractor's Application for Payment, or if the Architect will notify the Contractor and Owner as provided in Owner does not pay the Contractor within seven days after the Subparagraph 9.4.1. If the Contractor and Architect cannot date established in the Contract Documents the amount cer agree on a revised amount, the Architect will promptly issue a tilled by the Architect or awarded by arbitration,then the Con- Certificate for Payment for the amount for which the Architect tractor may, upon seven additional days' written notice to the is able to make such representations to the Owner. The Archi- Owner and Architect, stop the Work until payment of the tect may also decide not to certify payment or, because of amount owing has been received. The Contract Time shall be subsequently discovered evidence or subsequent observations, extended appropriately and the Contract Sum shall be may nullify the whole or a part of a Certificate for Payment increased by the amount of the Contractor's reasonable costs of previously issued, to such extent as may be necessary in the shut-down, delay and start-up,which shall be accomplished as Architect's opinion to protect the Owner from loss because of: provided in Article 7. 9.8 SUBSTANTIAL COMPLETION .1 defective Work not remedied; 9.8.1 Substantial Completion is the stage in the progress of the .2 third party claims filed or reasonable evidence indicat- Work when the Work or designated portion thereof is suffi- ing probable filing of such claims; ciently complete in accordance with the Contract Documents .3 failure of the Contractor to make payments prop- so the Owner can occupy or utilize the Work for its intended erly to Subcontractors or for labor, materials or use. equipment; .4 reasonable evidence that the Work cannot be corn- 9.8.2 When the Contractor considers that the Work, or a pot pleted for the unpaid balance of the Contract Sum; tion thereof which the Owner agrees to accept separately, is substantially complete,the Contractor shall prepare and submit .5 damage to the Owner or another contractor; to the Architect a comprehensive list of items to be completed .6 reasonable evidence that the Work will not be corn- or corrected. The Contractor shall proceed promptly to com- pleted within the Contract Time,and that the unpaid plete and correct items on the list.Failure to include an item on balance would not be adequate to cover actual or such list does not alter the responsibility of the Contractor to liquidated damages for the anticipated delay; or complete all Work in accordance with the Contract Docu- .7 persistent failure to carry out the Work in accordance ments. Upon receipt of the Contractor's list, the Architect will with the Contract Documents. make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 17 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. nated portion thereof is substantially complete. If the such inspection and,when the Architect finds the Work accept- Architect's inspection discloses any item, whether or not able under the Contract Documents and the Contract fully per- included on the Contractor's list, which is not in accordance formed, the Architect will promptly issue a final Certificate for with the requirements of the Contract Documents,the Contrac- Payment stating that to the best of the Architect's knowledge, tor shall,before issuance of the Certificate of Substantial Corn- information and belief, and on the basis of the Architect's pletion,complete or correct such item upon notification by the observations and inspections,the Work has been completed in Architect. The Contractor shall then submit a request for accordance with terms and conditions of the Contract Docu- another inspection by the Architect to determine Substantial ments and that the entire balance found to be due the Contrac- Completion. When the Work or designated portion thereof is tor and noted in said final Certificate is due and payable. The substantially complete, the Architect will prepare a Certificate Architect's final Certificate for Payment will constitute a further of Substantial Completion which shall establish the date of Sub- representation that conditions listed in Subparagraph 9.10.2 as stantial Completion, shall establish responsibilities of the precedent to the Contractor's being entitled to final payment Owner and Contractor for security,maintenance,heat,utilities, have been fulfilled. damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list 9.10.2 Neither final payment nor any remaining retained accompanying the Certificate. Warranties required by the Con- percentage shall become due until the Contractor submits to tract Documents shall commence on the date of Substantial the Architect(1)an affidavit that payrolls,bills for materials and Completion of the Work or designated portion thereof unless equipment,and other indebtedness connected with the Work otherwise provided in the Certificate of Substantial Comple- for which the Owner or the Owner's property might be tion. The Certificate of Substantial Completion shall be sub- responsible or encumbered(less amounts withheld by Owner) mitted to the Owner and Contractor for their written accep- have been paid or otherwise satisfied, (2)a certificate evidenc- tance of responsibilities assigned to them in such Certificate. ing that insurance required by the Contract Documents to 9.8.3 Upon Substantial Completion of the Work or designated remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' portion thereof and upon application the the Contractor and certification by the Architect, the Owner shall make payment, prior enttth that the has been given s the no substantial nt a written reflecting adjustment in retainage,if any,for such Work or per- statement that the Contractor knows of no substantial reason reflecting thereof a as provided retainage, the ,if any,for s u such Wo. that the insurance will not be renewable to cover the period P required by the Contract Documents, (4)consent of surety, if 9.9 PARTIAL OCCUPANCY OR USE any, to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as 9.9.1 The Owner may occupy or use any completed or par- receipts, releases and waivers of liens,claims,security interests tially completed portion of the Work at any stage when such or encumbrances arising out of the Contract,to the extent and portion is designated by separate agreement with the Contrac- in such form as may be designated by the Owner.If a Subcon- tor, provided such occupancy or use is consented to by the tractor refuses to furnish a release or waiver required by the insurer as required under Subparagraph 11.3.11 and authorized Owner, the Contractor may furnish a bond satisfactory to the by public authorities having jurisdiction over the Work. Such Owner to indemnify the Owner against such lien. If such lien partial occupancy or use may commence whether or not the remains unsatisfied after payments are made, the Contractor portion is substantially complete, provided the Owner and shall refund to the Owner all money that the Owner may be Contractor have accepted in writing the responsibilities compelled to pay in discharging such lien, including all costs assigned to each of them for payments, retainage if any,secu- and reasonable attorneys' fees. rity,maintenance,heat,utilities,damage to the Work and insur- ance,and have agreed in writing concerning the period for cor- 9.10.3 If,after Substantial Completion of the Work,final com- rection of the Work and commencement of warranties pletion thereof is materially delayed through no fault of the required by the Contract Documents. When the Contractor Contractor or by issuance of Change Orders affecting final considers a portion substantially complete,the Contractor shall completion, and the Architect so confirms, the Owner shall, prepare and submit a list to the Architect as provided under upon application by the Contractor and certification by the Subparagraph 9.8.2. Consent of the Contractor to partial occu- Architect,and without terminating the Contract,make payment pancy or use shall not be unreasonably withheld. The stage of of the balance due for that portion of the Work fully completed the progress of the Work shall be determined by written agree- and accepted.If the remaining balance for Work not fully com- ment between the Owner and Contractor or,if no agreement is pleted or corrected is less than retainage stipulated in the Con- reached, by decision of the Architect. tract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that por- 9.9.2 Immediately prior to such partial occupancy or use, the tion of the Work fully completed and accepted shall be submit- Owner, Contractor and Architect shall jointly inspect the area ted by the Contractor to the Architect prior to certification of to be occupied or portion of the Work to be used in order to such payment. Such payment shall be made under terms and determine and record the condition of the Work. conditions governing final payment, except that it shall not constitute a waiver of claims.The making of final payment shall 9.9.3 Unless otherwise agreed upon, partial occupancy or use constitute a waiver of claims by the Owner as provided in Sub- of a portion or portions of the Work shall not constitute accep- paragraph 4.3.5. tance of Work not complying with the requirements of the Contract Documents. 9.10.4 Acceptance of final payment by the Contractor, a Sub- 9.10 FINAL COMPLETION AND FINAL PAYMENT contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing 9.10.1 Upon receipt of written notice that the Work is ready and identified by that payee as unsettled at the time of final for final inspection and acceptance and upon receipt of a final Application for Payment. Such waivers shall be in addition to Application for Payment, the Architect will promptly make the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 18 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 10 10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders PROTECTION OF PERSONS AND PROPERTY of public authorities bearing on safety of persons or property or 10.1 SAFETY PRECAUTIONS AND PROGRAMS their protection from damage, injury or loss. 10.1.1 The Contractor shall be responsible for initiating,main- 10.2.3 The Contractor shall erect and maintain,as required by taining and supervising all safety precautions and programs in existing conditions and performance of the Contract, reason connection with the performance of the Contract. able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating 10.1.2 In the event the Contractor encounters on the site safety regulations and notifying owners and users of adjacent material reasonably believed to be asbestos or polychlorinated sites and utilities. biphenyl (PCB) which has not been rendered harmless, the 10.2.4 When use or storage of explosives or other hazardous Contractor shall immediately stop Work in the area affected materials or equipment or unusual methods are necessary for and report the condition to the Owner and Architect in writing. execution of the Work, the Contractor shall exercise utmost The Work in the affected area shall not thereafter be resumed care and carry on such activities under supervision of properly except by written agreement of the Owner and Contractor if in qualified personnel. fact the material is asbestos or polychlorinated biphenyl(PCB) and has not been rendered harmless.The Work in the affected 10.2.5 The Contractor shall promptly remedy damage and loss area shall be resumed in the absence of asbestos or polychlori- (other than damage or loss insured under property insurance nated biphenyl(PCB), or when it has been rendered harmless, required by the Contract Documents)to property referred to in by written agreement of the Owner and Contractor, or in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the accordance with final determination by the Architect on which Contractor, a Subcontractor, a Sub-subcontractor, or anyone arbitration has not been demanded, or by arbitration under directly or indirectly employed by any of them,or by anyone Article 4. for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except 10.1.3 The Contractor shall not be required pursuant to Article damage or loss attributable to acts or omissions of the Owner 7 to perform without consent any Work relating to asbestos or or Architect or anyone directly or indirectly employed by polychlorinated biphenyl(PCB). either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the 10.1.4 To the fullest extent permitted by law,the Owner shall Contractor. The foregoing obligations of the Contractor are in indemnify and hold harmless the Contractor,Architect, Archi- addition to the Contractor's obligations under Paragraph 3.18. tect's consultants and agents and employees of any of them from and against claims, damages,losses and expenses,includ 10.2.6 The Contractor shall designate a responsible member of ing but not limited to attorneys' fees,arising out of or resulting the Contractor's organization at the site whose duty shall be the from performance of the Work in the affected area if in fact the prevention of accidents. This person shall be the Contractor's material is asbestos or polychlorinated biphenyl(PCB)and has superintendent unless otherwise designated by the Contractor not been rendered harmless,provided that such claim,damage, in writing to the Owner and Architect. loss or expense is attributable to bodily injury,sickness,disease 10.2.7 The Contractor shall not load or permit any part of the or death, or to injury to or destruction of tangible property construction or site to be loaded so as to endanger its safety. (other than the Work itself) including loss of use resulting therefrom,but only to the extent caused in whole or in part by 10.3 EMERGENCIES negligent acts or omissions of the Owner, anyone directly or 10.3.1 In an emergency affecting safety of persons or property, indirectly employed by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre- the Owner may be liable, regardless of whether or not such vent threatened damage, injury or loss. Additional compensa- claim, damage, loss or expense is caused in part by a party don or extension of time claimed by the Contractor on account indemnified hereunder. Such obligation shall not be construed of an emergency shall be determined as provided in Paragraph to negate, abridge, or reduce other rights or obligations of 4.3 and Article 7. indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY INSURANCE AND BONDS 10.2.1 The Contractor shall take reasonable precautions for 11.1 CONTRACTOR'S LIABILITY INSURANCE safety of and shall provide reasonable protection to prevent damage, injury or loss to: 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in .1 employees on the Work and other persons who may the jurisdiction in which the Project is located such insurance as be affected thereby; will protect the Contractor from claims set forth below which .2 the Work and materials and equipment to be incorpo- may arise out of or result from. the Contractor's operations rated therein, whether in storage on or off the site, under the Contract and for which the Contractor may be legally under care, custody or control of the Contractor or liable, whether such operations be by the Contractor or by a the Contractor's Subcontractors or Sub-subcontrac- Subcontractor or by anyone directly or indirectly employed by tors; and any of them,or by anyone for whose acts any of them may be .3 other property at the site or adjacent thereto,such as liable: trees, shrubs, lawns, walks, pavements, roadways, .1 claims under workers' or workmen's compensation, structures and utilities not designated for removal, relo- disability benefit and other similar employee benefit acts cation or replacement in the course of construction. which are applicable to the Work to be performed; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 19 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. .2 claims for damages because of bodily injury,occupa- other than the Owner has an insurable interest in the property tional sickness or disease,or death of the Contractor's required by this Paragraph 113 to be covered, whichever is employees; earlier. This insurance shall include interests of the Owner,the .3 claims for damages because of bodily injury,sickness Contractor, Subcontractors and Sub-subcontractors in the or disease,or death of any person other than the Con- Work. tractor's employees; 11.3.1.1 Property insurance shall be on an all-risk policy form en coverage .4 claims for damages insured by usual personal injury and shall insure against the perils of fire and extended liability coverage which are sustained(1)by a person and physical loss or damage including, without duplication of as a result of an offense directly or indirectly related to coverage, theft, vandalism, malicious mischief, collapse, false- employment of such person by the Contractor,or(2) work, temporary buildings and debris removal including by another person; demolition occasioned by enforcement of any applicable legal .5 claims for damages, other than to the Work itself, requirements, and shall cover reasonable compensation for because of injury to or destruction of tangible prop Architect's services and expenses required as a result of such erty, including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required .6 claims for damages because of bodily injury,death of unless otherwise provided in the Contract Documents. a person or property damage arising out of owner- 11.3.1.2 If the Owner does not intend to purchase such prop- ship, maintenance or use of a motor vehicle;and erty insurance required by the Contract and with all of the .7 claims involving contractual liability insurance appli- coverages in the amount described above, the Owner shall so cable to the Contractor's obligations under Paragraph inform the Contractor in writing prior to commencement of 3.18. the Work.The Contractor may then effect insurance which will protect the interests of the Contractor,Subcontractors and Sub- 11.1.2 The insurance required by Subparagraph 11.1.1 shall be subcontractors in the Work,and by appropriate Change Order written for not less than limits of liability specified in the Con- the cost thereof shall be charged to the Owner.If the Contrac- tract Documents or required by law, whichever coverage is tor is damaged by the failure or neglect of the Owner to pur- greater. Coverages, whether written on an occurrence or chase or maintain insurance as described above, without so claims-made basis, shall be maintained without interruption notifying the Contractor, then the Owner shall bear all reason- from date of commencement of the Work until date of final able costs properly attributable thereto. payment and termination of any coverage required to be main- tained after final payment. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- 11.1.3 Certificates of Insurance acceptable to the Owner shall ments, the Contractor shall pay costs not covered because of be filed with the Owner prior to commencement of the Work. such deductibles.If the Owner or insurer increases the required These Certificates and the insurance policies required by this minimum deductibles above the amounts so identified or if the Paragraph 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary deduc- afforded under the policies will not be cancelled or allowed to tible amounts, the Owner shall be responsible for payment of expire until at least 30 days'prior written notice has been given the additional costs not covered because of such increased or to the Owner. If any of the foregoing insurance coverages are voluntary deductibles. If deductibles are not identified in the required to remain in force after final payment and are reason- Contract Documents, the Owner shall pay costs not covered ably available,an additional certificate evidencing continuation because of deductibles. of such coverage shall be submitted with the final.Application 11.3.1.4 Unless otherwise provided in the Contract Docu- for Payment as required by Subparagraph 9.10.2. Information ments,this property insurance shall cover portions of the Work concerning reduction of coverage shall be furnished by the stored off the site after written approval of the Owner at the Contractor with reasonable promptness in accordance with the value established in the approval,and also portions of the Work Contractor's information and belief. in transit.! 11.2 OWNER'S LIABILITY INSURANCE 11.3.2 Boiler and Machinery Insurance. The Owner shall 11.2.1 The Owner shall be responsible for purchasing and purchase and maintain boiler and machinery insurance maintaining the Owner's usual liability insurance. Optionally, required by the Contract Documents or by law, which shall the Owner may purchase and maintain other insurance for self- specifically cover such insured objects during installation and protection against claims which may arise from operations until final acceptance by the Owner;this insurance shall include under the Contract. The Contractor shall not be responsible interests of the Owner, Contractor, Subcontractors and Sub- for purchasing and maintaining this optional Owner's liability subcontractors in the Work, and the Owner and Contractor insurance unless 'specifically required by the Contract shall be named insureds. Documents. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's 11.3 PROPERTY INSURANCE option, may purchase and maintain such insurance as will 11.3.1 Unless otherwise provided, the Owner shall purchase insure the Owner against loss of use of the Owner's property and maintain, in a company or companies lawfully authorized due to fire or other hazards, however caused. The Owner to do business in the jurisdiction in which the Project is waives all rights of action against the Contractor for loss of use located, property insurance in the amount of the initial Con of the Owner's property,including consequential losses due to tract Sum as well as subsequent modifications thereto for the fire or other hazards however caused. entire Work at the site on a replacement cost basis without vol- 11.3.4 If the Contractor requests in writing that insurance for untary deductibles. Such property insurance shall be main- risks other than those described herein or for other special haz- tained, unless otherwise provided in the Contract Documents ards be included in the property insurance policy, the Owner or otherwise agreed in writing by all persons and entities who shall, if possible, include such insurance, and the cost thereof are beneficiaries of such insurance,until final payment has been shall be charged to the Contractor by appropriate Change made as provided in Paragraph 9.10 or until no person or entity Order. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 20 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner 11.3.10 The Owner as fiduciary shall have power to adjust and insures properties, real or personal or both, adjoining or adja- settle a loss with insurers unless one of the parties in interest cent to the site by property insurance under policies separate shall object in writing within five days after occurrence of loss from those insuring the Project, or if after final payment prop- to the Owner's exercise of this power; if such objection be erty insurance is to be provided on the.completed Project made,arbitrators shall be chosen as provided in Paragraph 4.5. through a policy or policies other than those insuring the Proj- The Owner as fiduciary shall,in that case,make settlement with ect during the construction period, the Owner shall waive all insurers in accordance with directions of such arbitrators. If rights in accordance with the terms of Subparagraph 11.3.7 for distribution of insurance proceeds by arbitration is required, damages caused by fire or other perils covered by this separate the arbitrators will direct such distribution. property insurance. All separate policies shall provide this 11 3.11 Partial occupancy or use in accordance with Paragraph waiver of subrogation by endorsement or otherwise. 9.9 shall not commence until the insurance company or com- 11.3.6 Before an exposure to loss may occur,the Owner shall panies providing property insurance have consented to such file with the Contractor a copy of each policy that includes partial occupancy or use by endorsement or otherwise. The insurance coverages required by this Paragraph 11.3. Each Owner and the Contractor shall take reasonable steps to obtain policy shall contain all generally applicable conditions, defini consent of the insurance company or companies and shall, tions,exclusions and endorsements related to this Project.Each without mutual written consent,take no action with respect to policy shall contain a provision that the policy will not be partial occupancy or use that would cause cancellation,lapse or cancelled or allowed to expire until at least 30 days'prior writ- ten reduction of insurance. s P P Y notice has been given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- 11.3.7 Waivers of Subrogation. The Owner and Contractor for to furnish bonds covering faithful performance of the Con- waive all rights against(1)each other and any of their subcon- tract and payment of obligations arising thereunder as stipu- tractors,sub-subcontractors,agents and employees;each of the lated in bidding requirements or specifically required in the other, and (2) the Architect, Architect's consultants, separate Contract Documents on the date of execution of the Contract. contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors agents and employees, for 11.4.2.Upon the request of any person or entity appearing to g damages caused by fire or other perils to the extent covered by be a potential beneficiary of bonds covering payment of obliga- property insurance obtained pursuant to this Paragraph 11.3 or tions arising under the Contract,the Contractor shall promptly other property insurance applicable to the Work, except such furnish a copy of the bonds or shall permit a copy to be made. rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor,as appropriate, shall require of the Architect, Architect's consultants, separate ARTICLE 12 contractors described in Article 6, if any, and the subcontrac- tors,sub-subcontractors,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agreeme'ts, written where legally required for 12.1 UNCOVERING OF WORK validity, similar waivers each in favor of other parties enum- erated herein.The policies shall provide such waivers of subro- 12.1.1 If a portion of the Work is covered contrary to the gation by endorsement or otherwise. A waiver of subrogation Architect's request or to requirements specifically expressed in shall be effective as to a person or entity even though that per- the Contract Documents, it must, if required in writing by the son or entity would otherwise have a duty of indemnification, Architect, be uncovered for the Architect's observation and be contractual or otherwise, did not pay the insurance premium replaced at the Contractor's expense without change in the directly or indirectly, and whether or not the person or entity Contract Time. had an insurable interest in the property damaged. 12.1.2 If a portion of the Work has been covered which the 11.3.8 A loss insured under Owner's property insurance shall Architect has not specifically requested to observe prior to its be adjusted by the Owner as fiduciary and made payable to the being covered,the Architect may request to see such Work and 1 Y Y P Y it shall be uncovered by the Contractor. If such Work is in Owner as fiduciary for the insureds, as their interests may Y accordance with the Contract Documents, costs of uncover- appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay ing and replacement shall, by appropriate Change Order, be Subcontractors their just shares of insurance proceeds received charged to the Owner. If such Work is not in accordance with by the Contractor, and by appropriate agreements, written the Contract Documents, the Contractor shall pay such costs where legally required for validity, require Subcontractors unless the condition was caused by the Owner or a separate g Y re q y' q contractor in which event the Owner shall be responsible for to make payments to their Sub-subcontractors in similar manner. payment of such costs. 12.2 CORRECTION OF WORK 11.3.9 If required in writing by a party in interest, the Owner 12.2.1 The Contractor shall promptly correct Work rejected as fiduciary shall, upon occurrence of an insured loss, give by the Architect or failing to conform to the requirements of bond for proper performance of the Owner's duties. The cost the Contract Documents, whether observed before or after of required bonds shall be charged against proceeds received as Substantial Completion and whether or not fabricated,installed fiduciary. The Owner shall deposit in a separate account pro- or completed. The Contractor shall bear costs of correcting ceeds so received, which the.Owner shall distribute in accor- such rejected Work, including additional testing and inspec- dance with such agreement as the parties in interest may reach, tions and compensation for the Architect's services and or in accordance with an arbitration award in which case the expenses made necessary thereby. procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- 12.2.2 If, within one year after the date of Substantial Comple- aged property shall be covered by appropriate Change Order. tion of the Work or designated portion thereof,or after the date AlA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 21 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. - for commencement of warranties established under Sub- ARTICLE 13 paragraph 9.9.1,or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found MISCELLANEOUS PROVISIONS to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after 13.1 GOVERNING LAW receipt of written notice from the Owner to do so unless the 13.1.1 The Contract shall be governed by the law of the place Owner has previously given the Contractor a written accep- where the Project is located. tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS Substantial Completion by the period of time between Substan- 13.2.1 The Owner and Contractor respectively bind them- tial Completion and the actual performance of the Work.This selves, their partners, successors, assigns and legal representa- obligation under this Subparagraph 12.2.2 shall survive accep- tives to the other party hereto and to partners, successors, tance of the Work under the Contract and termination of the assigns and legal representatives of such other party in respect Contract.The Owner shall give such notice promptly after dis- to covenants,agreements and obligations contained in the Con- covery of the condition. tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If 12.2.3 The Contractor shall remove from the site portions of either party attempts to make such an assignment without such the Work which are not in accordance with the requirements consent,that party shall nevertheless remain legally responsible of the Contract Documents and are neither corrected by the for all obligations under the Contract. Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work 13.3 WRITTEN NOTICE within a reasonable time, the Owner may correct it in accor- 13.3.1 Written notice shall be deemed to have been duly dance with Paragraph 2.4. If the Contractor does not proceed served if delivered in person to the individual or a member of with correction of such nonconforming Work within a reason- the firm or entity or to an officer of the corporation for which it able time fixed by written notice from the Architect,the Owner was intended,or if delivered at or sent by registered or certified may remove it and store the salvable materials or equipment at mail to the last business address known to the party giving the Contractor's expense. If the Contractor does not pay costs notice. of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written 13.4 RIGHTS AND REMEDIES notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,after deducting 13.4.1 Duties and obligations imposed by the Contract Docu- costs and damages that should have been borne by the Con- merits and rights and remedies available thereunder shall be in tractor,including compensation for the Architect's services and addition to and not a limitation of duties,obligations,rights and expenses made necessary thereby: If such proceeds of sale do remedies otherwise imposed or available by law. not cover costs which the Contractor should have borne, the 13.4.2 No action or failure to act by the Owner, Architect or Contract Sum shall be reduced by the deficiency. If payments Contractor shall constitute a waiver of a right or duty afforded then or thereafter due the Contractor are not sufficient to cover them under the Contract,nor shall such action or failure to act such amount, the Contractor shall pay the difference to the constitute approval of or acquiescence in a breach thereunder, Owner. except as may be specifically agreed in writing. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or 13.5 TESTS AND INSPECTIONS partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work 13.5.1 Tests, inspections and approvals of portions of the which is not in accordance with the requirements of the Con- Work required by the Contract Documents or by laws, ordi- tract Documents. nances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.Unless other- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- wise provided, the Contractor shall make arrangements for strued to establish a period of limitation with respect to other such tests,inspections and approvals with an independent test- obligations which the Contractor might have under the Con- ing laboratory or entity acceptable to the Owner, or with the tract Documents.Establishment of the time period of one year appropriate public authority, and shall bear all related costs of as described in Subparagraph 12.2.2 relates only to the specific tests, inspections and approvals. The Contractor shall give the obligation of the Contractor to correct the Work, and has no Architect timely notice of when and where tests and inspec- relationship to the time within which the obligation to comply tions are to be made so the Architect may observe such proce- with the Contract Documents may be sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect to the Con- are received or negotiations concluded. tractor's obligations other than specifically to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- 12.3.1 If the Owner prefers to accept Work which is not in paragraph 13.5.1,the Architect will,upon written authorization accordance with the requirements of the Contract Documents, from the Owner,instruct the Contractor to make arrangements the Owner may do so instead of requiring its removal and cor- for such additional testing, inspection or approval by an entity rection, in which case the Contract Sum will be reduced as acceptable to the Owner, and the Contractor shall give timely appropriate and equitable. Such adjustment shall be effected notice to the Architect of when and where tests and inspections whether or not final payment has been made. are to be made so the Architect may observe such procedures. MA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 22 A201-1987 AlA® •01987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- ARTICLE 14 paragraph 13.5.3. TERMINATION OR SUSPENSION 13.5.3 If such procedures for testing, inspection or approval OF THE CONTRACT under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established 14.1 TERMINATION BY THE CONTRACTOR by the Contract Documents,the Contractor shall bear all costs made necessary by such failure including those of repeated 14.1.1 The Contractor may terminate the Contract if the Work procedures and compensation for the Architect's services and is stopped for a period of 30 days through no act or fault of the expenses. Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions 13.5.4 Required certificates of testing, inspection or approval of the Work under contract with the Contractor,for any of the shall,unless otherwise required by the Contract Documents,be following reasons: secured by the Contractor and promptly delivered to the .1 issuance of an order of a court or other public author- Architect. ity having jurisdiction; • .2 an act of government,such as a declaration of national 13.5.5 If the Architect is to observe tests, inspections or emergency,making material unavailable; approvals required by the Contract Documents, the Architect .3 because the Architect has not issued a Certificate for will do so promptly and,where practicable,at the normal place Payment and has not notified the Contractor of the of testing. reason for withholding certification as provided in 13.5.6 Tests or inspections conducted pursuant to the Con- Subparagraph 9.4.1, or because the Owner has not tract Documents shall be made promptly to avoid unreasonable made payment on a Certificate for Payment'within delay in the Work. the time stated in the Contract Documents; .4 if repeated suspensions,delays or interruptions by the 13.6 INTEREST Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- 13.6.1 Payments due and unpaid under the Contract Docu- ber of days scheduled for completion,or 120 days in merits shall bear interest from the date payment is due at such any 365-day period, whichever is less; or rate as the parties may agree upon in writing or,in the absence .5 the Owner has failed to furnish to the Contractor thereof,at the legal rate prevailing from time to time at the place promptly, upon the Contractor's request, reasonable where the Project is located. evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists,the Contractor may, 13.7 COMMENCEMENT OF STATUTORY upon seven additional days' written notice to the Owner and LIMITATION PERIOD Architect, terminate the Contract and recover from the Owner 13.7.1 As between the Owner and Contractor: payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment .1 Before Substantial Completion.As to acts or failures and machinery, including reasonable overhead, profit and to act occurring prior to the relevant date of Substan- damages. tial Completion, any applicable statute of limitations 14.1.3 If the Work is stopped for a period of 60 days through shall commence to run and any alleged cause of action no act or fault of the Contractor or a Subcontractor or their shall be deemed to have accrued in any and all events agents or employees or any other persons performing portions not later than such date of Substantial Completion; of the Work under contract with the Contractor because the 2 Between Substantial Completion and Final Certifi- Owner has persistently failed to fulfill the Owner's obligations Cate for Payment.As to acts or failures to act occur- tam under the Contract Documents with respect to matters impor- ring subsequent to the relevant date of Substantial ta to the progress of the Work, the Contractor may, upon Completion and prior to issuance of the final Certifi- seven additional days' written notice to the Owner and the Cate for Payment,any applicable statute of limitations Architect,terminate the Contract and recover from the Owner shall commence to run and any alleged cause of as provided in Subparagraph 14.1.2. action shall be deemed to have accrued in any and all 14.2 TERMINATION BY THE OWNER FOR CAUSE events not later than the date of issuance of the final 14.2.1 The Owner may terminate the Contract if the Certificate for Payment; and Contractor: .3 After Final Certificate for Payment. As to acts or .1 persistently or repeatedly refuses or fails to supply failures to act occurring after the relevant date of issu- enough properly skilled workers or proper materials; ance of the final Certificate for Payment, any appli- .2 fails to make payment to Subcontractors for materials cable statute of limitations shall commence to run and or labor in accordance with the respective agreements any alleged cause of action shall be deemed to have between the Contractor and the Subcontractors; accrued in any and all events not later than the date of .3 persistently disregards laws,ordinances,or rules,reg- any act or failure to act by the Contractor pursuant to ulations or orders of a public authority having juris- any warranty provided under Paragraph 3.5,the date diction; or of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2,or the .4 otherwise is guilty of substantial breach of a provision date of actual commission of any other act or failure of the Contract Documents. to perform any duty or obligation by the Contractor 14.2.2 When any of the above reasons exist,the Owner,upon or Owner, whichever occurs last. certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 23 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • tify such action, may without prejudice to any other rights or Owner.The amount to be paid to the Contractor or Owner,as remedies of the Owner and after giving the Contractor and the the case may be,shall be certified by the Architect,upon appli- Contractor's surety, if any; seven days' written notice, termi- cation, and this obligation for payment shall survive termina- nate employment of the,Contractor and may, subject to any tion of the Contract. prior rights of the surety: 14.3 SUSPENSION BY THE OWNER .1 take possession of the site and'of all materials,equip- FOR CONVENIENCE ment,tools,and construction equipment and machin- 14.3.1 The Owner may,without cause,order the Contractor in ery thereon owned by the Contractor; writing to suspend,delay or interrupt the Work in whole or in .2 accept assignment of subcontracts pursuant to Para- part for such period of time as the Owner may determine. graph 5.4; and .3 finish the Work by whatever reasonable method the 14.3.2 An adjustment shall be made for increases in the cost of Owner may deem expedient. performance of the Contract,including profit on the increased cost of performance,caused by suspension, delay or iriterrup- 14.2.3 When the Owner terminates the Contract for one of the Lion. No adjustment shall be made to the extent: reasons stated in Subparagraph 14.2.1,the Contractor shall not .1 that performance is, was or would have been so sus- be entitled to receive further payment until the Work is pended, delayed or interrupted by another cause for finished. which the Contractor is responsible; or 14.2.4 If the unpaid balance of the Contract Sum exceeds costs .2 that an equitable adjustment is made or denied under of finishing the Work, including compensation for the Archi- another provision of this Contract. tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor.If such costs exceed the 14.3.3 Adjustments made in the cost of performance may have unpaid balance, the Contractor shall pay the difference to the a mutually agreed fixed or percentage fee. II AlA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 24 A201-1987 AIA® •©1957 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S,copyright laws and is subject to legal prosecution. Reprinted 7/93 9255 East River Road N.W. Coon Rapids,MN 55433-5722 763-784-3877 FAX 763-784-1583 JORGENSON www.JorgensonConstruction.com CONSTRUCTION INC. CONTRACTOR INITIATED PROPOSAL REQUEST No. 38 DATE: AuGusT 3, 2011 INC.TO: BUETOW AND ASSOCIA TES • ATTN: RANDY ENGEL— PROJECT MANAGER FAX #: (651) 483-2574 RE: OAK PARK HEIGHTS CITY HALL —OAK PARK HEIGHTS, MN COMMENTS: RANDY, ENCLOSED IS A BREAKDOWN OF BUDGETED COSTS ASSOCIATED WITH CONTRACTOR INITIATED PROPOSAL REQUEST No. 38 TO REPLACE THE (4) FOUR GEOFURNACE MANUFACTURING HEAT PUMPS WITH (4) FOUR WATERFURNACE (WWW.WATERFURNACE.COM) HEAT PUMPS. THE SIZE OF THE NEW HEAT PUMPS IS TO MATCH THE SIZE OF THE EXISTING HEAT PUMPS. THE BUDGETED PROPOSAL INCLUDES ENGINEERING REVIEW, ELECTRICAL AND TEMPERATURE CONTROL WORK. THE BUDGETED PROPOSAL DOES NOT INCLUDE ANY CONCRETE WORK, DUMPSTERS OR OFFSHIFT/OVERTIME. BUDGETED WORK TO BE DURING NORMAL BUSINESS HOURS. UMR GEOTHERMAL $ 87,739.00 APPROVED EQUAL COMPANY 4,500.00 JCI 5% COMMISSION 4,612.00 ]CI LABOR/MAT'L/EQUIP 2,625.00 JCI 10%COMMISSION 263.00 TOTAL BUDGET FOR C.I.P. No. 38 $99,739.00 PLEASE REVIEW AND PROVIDE DIRECTION IN WRITING IF WE ARE TO PROCEED WITH THE ABOVE REFERENCED ITEM(S). FROM: STEVEN M. GANSMOE- PROJECT MANAGER CC: ERIC JOHNSON —CITY OF OAK PARK HEIGHTS THERE ARE _(11)_ PAGE(S) INCLUDING THIS PAGE. PLEASE CALL IF YOU DO NOT RECEIVE ALL OF THE PAGES. AN EQUAL OPPORTUNITY EMPLOYER <-1..0 ft e:. JORGENSON CONSTRUCTION INC. SHEET _ l _ OF . ESTIMATE SHEET SEC.NO.__C,•_.1,1,4343 PREPARED BY _ '514h CHECK BY • PROJECT O& cillk4.1r. ItAtIN-11'S C% MATERIAL LABOR SUB CONTRACTS I- ITEM QUAN. 2 TOTAL D UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE , „_ . .. _ ._ _ ___ __ _ .._ __11 _ _ ____ ___ _ _ • ___. ______ - - - J H J J 'wt.- ___ iii_...IIIII 11111111=m11 ' I 1_I s'")..sa-iii On.pkri 171.11 EIIIIESIEll'INC- - i- 1 • 1 II 1 , , v-I 1 , 1 , 1 I 1 -___ 11111 h . i ill __. j - [ 1.- t. 1 I ___.1 ----.--,----- "-- -T---1 I I I 1 I 1 : 1 -- ---+ -• - 1.- 1 I. 111111111111111 1= T- II __ INI 111111111111111 I 1 11 III 11 1 I i 1 1 1 - o li-I- I - ill ' II II 1 4 1 1 --1-111 ' 1 1 ■ 1 I El E 1 ' 1E11 __±._ 1E1E. . I , '-- II __I 1 1 INI I I , , I 1111111 1 ■ IIINI 1 i .11111 1 i' I . 111d _-___,_ ,___.,__ , _ --- , 1 , , ( : li 1 i e I i --I • I I . I ____________ , __,. I , 111111.1i '1 1 • I I I- Et 1 ri 1 ; . i t --r- - -----i-- -4--1---i I I ' I ____ - t T --.-- -T-t-1-1---- --1.-- 11-11 , I 1 _ _ -14_ __,; ___,1_ :h_.. 1_.., L._41 t.::_._,_4_:_2.,_1____'±_4--■■ • ; p ; ; I I ! i : i ' ; i 1 ' ; • --.-...■. - 1 -f--:- tt- -, -4--1- 1 4 1- i__ : : i ' ' 1 : : 1 1 1 _i_,' 1 1 -i-t- .7- . i .,,,t, : --1-1 i i , . . : , I I IL , • , 1 : . I . t t.--ti-H-i 1 --i- H --4 _41___4__4__ ,,,,_-.,4___ Steve Gansmoe From: Charlie Wilsey[cwilsey @toxalert.com] Sent: Tuesday,August 02, 2011 10:54 AM To: Steve Gansmoe Subject: Oak Park Heights Steve, Budget for adding controls to 4 new Heat Pumps at Oak Park Heights is$4500. Charlie Wilsey Approved Equal Company • • IUMMit ' -' , I GEOEXCHANGE Scaings fiur n t o g►uunci up 5115 Industrial Street Maple Plain, MN 55359 Bus: (763) 479-6325 Fax: (763) 479-2183 Geothermal budget Proposal July 28, 2011 Steven M. Gansmoe Project Manager Jorgenson Construction Inc. Project; Oak Park Heights 9255 East River Road NW Coon Rapids, MN 55433 Telephone: 763-784-3877 Cell: 612-363-3569 steve @jorgensonconstruction.com Materials and Services to include: Engineering review and planning budget $8,000.00 - $12,000.00 Hollis Linehan AKF group hlinehanCc�afkgroup.com 612-354-2442 Electrical budget $3,000.00 Equipment: 2- Waterfurnace 15 ton reversible chillers Mod # NXW180R3PE3NNSSA With hose kits and strainers 2-Waterfurnace 20 ton reversible chillers Mod # NXW240R3PE3NNSSA With hose kits and strainers Installation of units, piping and insulation, Rel-,044% °e �""' T"��' `"��� Flushing purging of load and source side fluid circuits Unit sizes, configuration and Installation time of may very depending upon engineering design changes 160 man hours budgeted $72,738.57 Jim Cusack General Manager UMR Geothermal, Inc. g� 738 5� 4. X -5 �3 _57 WaterFurnace : Company Overview Page 1 of 1 ���,� �•:� a„M.t,.� International Home 11.5.Domestic • U S Business C;o„t.ac,tls srrmv/wn the ewr+rl V Products Product Line ` Indoor Air Quality DUG Controls Knowledge Center Earth Loops Repta cemeni � a; New Construction ` ryY Media r News 1 Press Releases 7. i q ; ' Smart invest ights menu Company Overview Edgitiggar WaterFurnace History Financial Statements How To Invest Current Stock Quote We Practice What We Preach. More Information WaterFurnace's 115,000-square-foot headquarters serves as a model for commercial geothermal Partners in Success Product Registration installations worldwide.A pond loop and 41 of the company's own geothermal units meet all heating WaterFurnace Merchandise and cooling requirements for the facility. L:.1 Company Overview Topics Explosive Sales Direct Digital Controllers Pond Loop Installation System Design Setting the Standard Clean Sidewalks Energy Management System Great Savings • Join the community on in e: Careers Investor Info t,';2011 WaterFurnace International,Inc 1 9000 Conservation Way l Fort Wayne,IN 46809 USA.Ail Rights Reserved http://www.waterfurnace.com/overview.aspx?p1=50 8/3/2011 WaterFurnace : Company Overview Page 1 of 1 smutrr►rmyft&t wtb ,° International Home : U S.Domestic : U.S.Business Contact Its Products Product Line Indoor Air Quality DOC Controls Company Overview Topics Knowledge Center Explosive Sales Direct Digital Controllers Earth loops Replacement Pond Loop Installation System Design New Construction Setting the Standard Clean Sidewalks Media Energy Management System Great Savings News/Press Releases Product Spotlights Smart Investment Explosive Sales Company Overview Wa!=Furnace History In 1990,explosive sales and a quest for a state-of-the-art facility that would spotlight the Financial Statements advantages of using geothermal energy led WaterFurnace International,Inc.,to build its 115,000- How To Invest Current Stock Quote corporate headquarters and manufacturing plant in Fort Wayne,Indiana. WaterFurnace installed what was at the time the largest geothermal pond loop system in North More Information America to provide the building's heating and cooling. Partners in Success Product Registration WaterFurnace Merchandise The system uses a combination of WaterFurnace's own geothermal units,including Premier2, Spectra and water-to-water.Horizontal units condition various zones within the two-story office space and seven large-capacity horizontal units--totaling 70 tons--conditioning the manufacturing area.The total capacity of the system is 153 tons, 134 of which were installed in 1991 and 19 of which were added in 1995.The environmental control for the testing laboratory consists of 42 Premier units.The lab support equipment--totaling 168 tons--uses the pond loop as a tempering medium when lab requirements fluctuate outside of specified limits. Join the community on re6a Careers investor Info ©2011 WaterFurnace international,Inc. 1 9000 Conservation Way I Port Wayne,IN 46809 USA.AS Rights Reserved. http://www.waterfurnace.com/overview.aspx?continue=es 8/3/2011 WaterFurnace : Company History Page 1 of 3 Find Commercial Reps Your Home Your Business International Contact Us Products Commercial Equipment Speciality Applications Indoor Air Quality CDC Controls Quick Ship Program Knowledge Center <t" Earth Loops Replacement New Construction Tax Credits 4 Tools �� Literature Selection Software . ;n Psychrometric Charts Media A History in Leadership News 1 Press Releases Smart Investment 1983-Jim Shields,form WaterFurnace International,Inc.to establish North American distribution Company Overview WaterFurnace History of WaterFurnace products in a total system package for residential geothermal closed loops.The Financial Statements first warehouse is located on Speedway Drive in Fort Wayne.Jim Shields becomes Chairman of How To Invest Current Stock Quote WaterFurnace International. More Information Partners in Success 1985-WaterFurnace International,Inc.moves to a 10,000 square foot factory at 4307 Arden Dr.in Product Registration WaterFurnace Merchandise Fort Wayne and purchases a water-source heat pump product line from McQuay,a Snyder-General Commercial Resources Corporation,and establishes manufacturing.The assembly line is moved from Staunton,VA to Fort Wayne.The first WaterFurnace manufactured product,the WS Series product(1/2-5 ton),is introduced 5 months after the deal is signed.New'LPK'loop pump kit is introduced using brass a- way gate valves and eliminates the pressure tanks,flow meters etc. 1986-WaterFurnace introduces the extended range WX Series(1/2-10 ton)in packaged,split and water-to-water configurations.Later the WX Series becomes known as the most reliable unit in the industry.A 4,000 square foot warehouse addition is added at the back of the Arden Drive location.Vertical earth loops drilled under the slab are used to heat and cool the new addition. 1987-WaterFurnace introduces the Triple Function(TF)Series that operates in 4 modes;heating, cooling,water heating and cooling with water heating using R-500 refrigerant.WaterFurnace leases an additional 15,000 square foot facility around the corner from the Arden Dr.plant for sub- assembly space and a new training center. 1990-WaterFurnace introduces the revolutionary Premier AT Series product line.AT Series is the first water source product to include ECM fan motors,scroll compressors,non-bleed balanced port TXV.custom residential microprocessor control board,internal electric heat,internal condensate trap,plastic drain pans,impedance condensate sensing,thermistor-based freeze protection and the white powder coated cabinet.The WaterFurnace AT series sets the industry efficiencies standards http://www.waterfurnace.corn/history.aspx?p1=60 8/2/2011 WaterFurnace : Company History Page 2 of 3 by beating the nearest competition by 2-3 EER points.Efficiencies are so high that some competitors don't believe them.WaterFurnace introduces a new flow center featuring a new custom designed brass 3-way valve with a foam insulated powder coated metal jacket.WaterFurnace Industries Ltd.purchases controlling interest in WaterFurnace,Inc. 1991 -WaterFurnace completes construction of 120,000 square foot manufacturing and headquarters facility in Fort Wayne,IN.The new facility is completely heated and cooled by WaterFurnace geothermal technology. 1992-WFI Industries Ltd.completes the acquisition of WaterFurnace International,Inc.Expands the Premier AT line by introducing the first 2-speed geothermal unit in the industry and further increases the efficiency gap with the competition.WaterFurnace of Australia commences distribution. 1993-WaterFurnace introduces the Premier2 Series product line with a major revision of the Premier control board incorporating even more diagnostic and control features.WFI Industries Ltd. stock is placed on the Toronto Stock Exchange,Canada's stock exchange. 1994-WaterFurnace introduces the Spectra Series units,a spin-off of the Premier AT but intended for commercial and'builder'residential applications. 1996-WaterFurnace introduces several new products,including Intellizone,the first zone control designed for use with ECM fan motors,Premier Plus water heating heat pump,Spectra Splits, Spectra 7-10 ton units and Spectra water-to-water units. 1997-WaterFurnace introduces a line of console products and Versatec series units designed for commercial/institutional applications. 1998-Bruce Ritchey named new President of WaterFurnace International,Inc.The Company continues to expand Versatec line. 1999-WaterFurnace launches the Synergy3 product--the first geothermal unit designed for forced air heating and cooling with hot water for radiant floors. 2000-WaterFurnace continues to expand Versatec line,adding new sizes,configurations and options.Premier line of products receives additional upgrades. 2001-Premier E-series products are introduceda€"the industry's first geothermal unit featuring dual-capacity compressors and R-410A refrigerant.WaterFurnace International,Inc.begins plans to convert all products to R-410A. 2002-WaterFurnace expands lines of Premier E R-410A units.Launches the Premier ES-the industry's first dual capacity,R-410A split unit suitable for either indoor or outdoor installations. 2003-WaterFurnace continues E Series expansion into Commercial product line.WFI Global http://www.waterfurnace.com/history.aspx?p1=60 8/2/2011 WaterFurnace : Company History Page 3 of 3 becomes a newly formed division of WFI Industries Ltd. 2004-WaterFurnace introduces two new products,the EW Hydronic Heat Pump with custom • microprocessor control and Pool Heaters for an OEM customer.First dividends are given out from WaterFurnace stock.Jim Shields retires as Chairman of the Board.His son,Tim Shields,becomes Chairman of the Board. 2005-WaterFurnace International,Inc.introduces the EW Reversible Chiller and the EZ Series Indoor Split Product Line 2006-WaterFurnace,introduces Envision Series.The first ever 30 EER co P unit in the; • ..• market. 2007-WaterFurnace Breaks the$100 million sales mark for the first time. 2008-WaterFurnace Industries,Inc.changes name to WaterFurnace Renewable Energy Inc. WaterFurnace Renewable Energy Inc.Amid record sales Bruce Ritchey announces retirement as president and CEO of WaterFurnace Renewable Energy Inc. 2009-Torn Huntington becomes Chief Executive Officer of WaterFurnace International,Inc.The transition from R-22 refrigerant-based products to environmentally friendly R-410A is completed. Join the community on in r. Careers Investor Info 02011 WaterFurnace International,Inc. 1 9000 Conservation Way I Fort Wayne.IN 46809 USA All Rights Reserved. http://www.waterfurnace.com/history.aspx?p1=60 8/2/2011 WaterFurnace : Partners in Success Page 1 of 2 rvrsstfl .."."7". Ids:. 6rrwi+r/ '' ,. International Home . U.S.Domestic - U S Business Contact Us n�mc+K Ott", >, Products Product Line ` s Indoor Air Quality z r_ DDC Controls iAe `t'� t Knowledge Center Earth loops ' ff Replacement ,,"T` New Construction .. Media News/Press Releases Product Spotlights '„ Smart Investment Company Overview WaterFurnace History Financial Statements How fc Invest Current Stock Quote WaterFurnace Partners in Success More Information Partners in Success LoopMaster-North America's Leading Geothermal Earth Loop Installer Product Registration WaterFurnace Merchandise _ The underground loop is a vital component of any geothermal system-it's what makes the WaterFurnace system"Smarter from the Ground Up." LoopMaster,a subsidiary of WaterFurnace,has decades of experience in loop design and installation all over North America.To learn more about this Indianapolis-based company visit:www.loopmaster.net. 4 International Ground Source Heat Pump Association The International Ground Source Heat Pump Association(IGSHPA)is a non- IGSHPA profit,member-driven organization established in 1987 to advance ground source heat pump(GSHP)technology on local,state,national and international levels.Headquartered on the campus of Oklahoma State University in Stillwater,Oklahoma,IGSHPA utilizes state-of-the-art facilities for conducting GSHP system installation training and geothermal research.With its access to the most current advancements in the geothermal industry, IGSHPA is the ideal bridge between the latest technology and the people who benefit from these developments. E GI' Electric&Gas Industries Association EGIA is proud to partner with manufacturers and distributors that share EGIA's dedication to advancing energy efficiency and renewable solutions and accelerating the installation of home and business energy efficiency upgrades. http://www.waterfurnace.com/partners.aspx?p1=50 8/3/2011 • WaterFurnace : Partners in Success Page 2 of 2 GraphX Direct GraphX Direct works exclusively with advertising agencies,creative bureaus, design firms,exhibit companies,printers and sign shops to generate large format printing solutions for all kinds of creative projects. 41:0' JG Sullivan Interactive MyAdExpress,by JG Sullivan Interactive is a simple to use online marketing tool that centralizes ad materials,and allows for sales channels to access and customize ads for local markets.This is the quickest,and simplest solution to deploying new sales and marketing campaigns throughout an entire organization at a moments notice. .04444,4 Profits On Hoid POHP,LLC helps companies by reducing caller hang-ups.answering • frequently asked questions,and by educating callers about the nature of your business. Dualite Sales&Services,Inc. Dualite America's best known names appear on Dualite illuminated signs,from formed plastic to flexible face,from flourescent to neon and l.e.d.Dualite provides the largest line of standard models in the industry. Join the community on , Careers Investor Info C2011 WaterFurnace International,Inc. 1 9000 Conservation Way I Fort Wayne.IN 46609 USA.All Rights Reserved http://www.waterfurnace.com/partners.aspx?p1=50 8/3/2011 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 July 19, 2011 Mr. Randy Engel Buetow and Associates 2345 Rice Street, Suite 210 St. Paul, MN ***ALSO SENT VIA EMAIL*** RE: Failure Heat Pump Units Dear Mr. Engel: As you are aware, the City Hall facility was constructed with 4 heat pump units, specifically as GEOFURNACE units. As you know,the units have failed the City in every capacity, stemming from lack of cooling, to lack of heating, failed compressors, failed reversing valves, defunct manufacturer, etc. The City has consistently,yet unsuccessfully, sought a five-year warranty because of these constant failures. The City at no point has ever accepted these units and will NOT DO SO under any circumstances henceforth.Accordingly,these units must be either fully or substantially replaced with units that can perform as expected in a new facility and with systems of substantial and quality history. While I appreciate the effort on the part of Jorgenson and UMR to address these constant failures,please undertake the necessary steps immediately to either have these units fully replaced or rebuilt with systems that meet basic operating criteria. I would suggest you address this matter at this time with competent geothermal manufacturers and such staff. I expect that you provide to me options for consideration not later than noon,July 29th,2011. I will not tolerate any delay in this analysis. Should you fail to provide such services in good-faith and in a deliberate fashion I will be compelle• to ',*tiate the necessary steps independently that may be at my disposal to effect such chan. ••s facility cannot operate with the units provided. • . • , Johnson �, Administrator CC: City Council Members G. .-- Steve Gansmoe,Jorgenson Construction ____A 9255 EAST RIVER ROAD N.W. COON RAPIDS,MN 55433-5722 JORGENSON 763-784-3877 FAX 763-784-1583 CONSTRUCTION INC. www.JorgensonConstruction.com July 28, 2011 Mr. Randy Engel Buetow and Associates 2345 Rice Street, Suite#210 St. Paul,MN 55113 RE: FAILURE OF WATER HEAT PUMPS -OAK PARK HEIGHTS CITY HALL Dear Mr. Engel, This letter is in response to the letter(Exhibit A)sent to Buetow and Associates from the City of Oak Park Heights City Hall, dated July 19,2011 by Eric Johnson,City Administrator regarding four(4)water source heat pump units manufactured by GeoFurnace Manufacturing of DeSmet, South Dakota. As you are aware the manufacturer of the water source heat pumps has gone out of business. We were informed by the owner of GeoFurnace Manufacturing,Michael Hunt that as of July 18, 2011 his company is no longer in business therefore,he will not honor the warranty on their product. Upon further review of GeoFurnace Manufacturing,we have discovered that this company has no extended history of providing a proven water source heat pump system. GeoFumace Manufacturing was incorporated March 7, 2008 per the South Dakota Secretary of State(Exhibit B & C). Per Addendum Number Two(Exhibit E) dated March 24,2009 GeoFurnace Manufacturing (page 5 of 7 of the Mechanical portion of the Addendum-Exhibit F) was approved as a water source heat pump manufacturer. Shop drawings and product data for the water source heat AN EQUAL OPPORTUNITY EMPLOYER pumps were submitted by Jorgenson Construction Inc. for approval to Buetow and Associates on June 11, 2009 and approved by June 30,2009(Exhibit G)by Dan Moulton,of M&E Engineering, Inc. mechanical engineer for the project. We concede that GeoFurnace Manufacturing is an unproven designed water source heat pump system. The company was only in business one year when Addendum Number Two dated March 24, 2009(Exhibit E)was issued approving GeoFurnace Manufacturing as an approved manufacturer of water source heat pumps for the Oak Park Heights City Hall project. Dan Moulton of M& E Engineering, Inc. approved GeoFurnace Manufacturing,reviewed the shop drawings and product data;signed off on final approval June 30, 2009(Exhibit G). The heat pumps were then installed per approved installation methods. Jorgenson Construction Inc.'s position that the replacement of the designated water source heat pumps from GeoFurnace Manufacturing is that all costs associated with repair of existing heat pumps as well as costs involved to redesign,remove existing heat pumps,re-engineer electrical requirments, facilitate Project Management to complete project will be at additonal cost. We will provide a proposal outlining the additional costs. Sincerely, Stanley M. Jorg son President Jorgenson Construction, Inc. Cc: Steve Gansmoe/Project Manager Eric Johnson/City Administrator Attachments: Exhibit A: City of Oak Park Heights letter; 7-19-2011 Exhibit B: State of South Dakota, Secretary of State; 3-7-2008 Exhibit C: Articles of Incorporation,GeoFurance Manufacturing; 3-5-2008 Exhibit D: South Dakota Secretary of State, Annual Report; 3-20-2009 & 8-12-2010 Exhibit E: Addendum Number Two, 3-24-2009 Exhibit F: Page 5 of 7; Addendum Number Two Exhibit G: M&E Engineering, Inc. approval 6-30-2009 of Mechanical Solution's submittal Buetow and Associates acceptable submittals; 7-9-2009 AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT A City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 July 19,2011 Mr. Randy Engel Buetow and Associates 2345 Rice Street, Suite 210 St. Paul,MN ***ALSO SENT VIA EMAIL*** RE: Failure Heat Pump Units Dear Mr. Engel: As you are aware,the City Hall facility was constructed with 4 heat pump units, specifically as GEOFURNACE units. As you know,the units have failed the City in every capacity,stemming from lack of cooling,to lack of heating,failed compressors,failed reversing valves,defunct manufacturer,etc.The City has consistently,yet unsuccessfully,sought a five-year warranty because of these constant failures. The City at no point has ever accepted these units and will NOT DO SO under any circumstances henceforth. Accordingly, these units must be either fully or substantially replaced with units that can perform as expected in a new facility and with systems of substantial and quality history. While I appreciate the effort on the part of Jorgenson and UMR to address these constant failures,please undertake the necessary steps immediately to either have these units fully replaced or rebuilt with systems that meet basic operating criteria. I would suggest you address this matter at this time with competent geothermal manufacturers and such staff. I expect that you provide to me options for consideration not later than noon, July 29th,2011.I will not tolerate any delay in this analysis. Should you fail to provide such services in good-faith and in a deliberate fashion I will be compelled to ' 'tiate the necessary steps independently that may be at my disposal to effect such chart._- facility cannot operate with the units provided. T+ ,2 Y ri ohnson 4pr:.hi DN CONSTRUCTION ENC. C. Administrator JUL 20 2011 CC: City Council Members Steve Gansmoe,Jorgenson Construction Received Exhibit B co ' -'.x.ue'-' -, .F 'T 1 `L ly _ c y _ A-' J :M 5 •��� JF! 1 � �- It`l�F (h � � ,� � �i 1� '''"vi N. t Y-,-I State ufSouth pakota ., .,r; :, '� 11 Ul Serra " y OFFICE OF THE SECRETARY OF STATE �� '` - Certificate of Incorporation _ Business Corporation .._,,; ORGANIZATIONAL ID #: 1)13053376 zf.' I, Chris Nelson, Secretary of State of the State of South Dakota,hereby certify ;i that the Articles of Incorporation of GEOFURNACE '4.-.,... --- _` MANUFACTURING, INC. duly signed and verified, pursuant to the >-, provisions of the South Dakota Business Corporation Act, have been received in ,... ' this office and are found to conform to law. fit, i , ' t. 1.°''' ACCORDINGLY, and by virtue of the authority vested in me by law, I hereby ` '_; ''` issue this Certificate of Incorporation and attach hereto a duplicate of the Articles '" '' of Incorporation. y 1 I r!""-- ,. " IN TESTIMONY WHEREOF, I ~`,, 1 have hereunto set my hand and �1 affixed the Great Seal of the State of f South Dakota, at Pierre, the Capital, i I`., this March 7,2008. .4 Vv.. Wser‘... "*--4 Chris Nelson 7 A Secretary of State .,` l \ '.`�; tom, i , IncorpCcrtBusieeas Merge -'� r _ . X [cam ( ` .-` ` + f ^s , ! ' . , :`,,,A, - -� {, c :iic_ `'FF -4' ' - `', - Exhibit B (. / tit I/ 1 Jason M. Gant Office of the Secretary ( Business Services i Elections&Voter Registration I Administrative Services } Home Detail by Entity Name GEOFURNACE MANUFACTURING, INC. Filing Information Corporate ID D0053376 Incorporation/Qualification03/07/2008 Date Home State SD NOTE:This is not an official document Good Status Standing Last Annual Report 2011 Registered Agent Name & Address HUNT, MICHAEL 605 4TH ST SE DE SMET , SD 57231 Imaged Documents Date Filed Document Pages Imaged A Statement of Change may be attached to an annual report 8/2010 ANNUAL REPORT 2 If the document desired is not listed,contact the 4/2009 10 ANNUAL REPORT 2 office of the Secretary of State 3/2008 ARTICLES OF 4 INCORPORATION Contact Us i Privacy South Dakota State Home Page i;opyriaftt Li 2005 South Dakota Secretary of State Ail Rights Reserved. Exhibit B co tsi m .-4 co ci), Receipt Number: File Number DB053376 1.1111111 1�1 11.11 II B S 3 3 7.6 +4 UUIIIII1IIIHH1lll1 1111It111111111111I1l 11TH wA R T I C L E S OF ARTICLES OF INCORPORATION For GEOFURNACE MANUFACTURING,INC. Filed at the request of: M H&A INCORPORATED 42682 221ST ST CARTHAGE SD 57323 State of South Dakota Office of the Secretary of State Filed in the office of the Secretary of State on:Friday,March 07,2008 Vs: Secretary o f State to Fee Received: 5125.00 Exhibit C as RECEIVED Secretary of State Articles of Incorporation MAR 0 , State Capitol 500 E.Capitol Ave. S.Q.SEC.OF STATE Pierre SD 57501 OD Phone 605-773-4845 oa Fax 605-773-4550 un lf) FILING FEE:5125 Required Articles: Article I The name of the corporation is GeoFumace Manufacturing,Inc. Article II The number of shares the corporation is authorized to issue 1,000,000 Article III The complete address,or a statement that there is no street address,of its principal office P.O.Box 479. 605 4th St SE,DeSmet,SD 57231 Article IV The complete address,or a statement that there is no street address,of the corporation's initial registered office,and the name of its initial registered agent at that office P.O.Box 479.605 4th St SE,DeSmet.SD 57231 Michael Hunt Article V The name and address of each incorporator(one or more persons-persons includes an individual and an entity) NAME ADDRESS M H&A Incorporated 42682 221st St,Carthage,5D 57323 Optional Articles 47-IA-202.1:(These may be attached followed by the final page with the signature and agent authorization.) (1)The names and addresses of the individuals who are to serve as the initial directors; (2)Provisions not inconsistent with law regarding: (a)The purpose or purposes for which the corporation is organized; (b)Managing the business and regulating the affairs of the corporation; (c)Defining,limiting,and regulating the powers of the corporation,its board of directors,and shareholders; (d)A par value for authorized shares or classes of shares:and (e)The imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions; (3)Any provision that under this Act is required or permitted to be set forth in the bylaws; (4)A provision eliminating or limiting the liability of a director to the corporation or its shareholders for money damages for any action taken,or any failure to take any action.as a director,except liability for the amount of a financial benefit received by a director to which the director is not entitled;an intentional infliction of harm on the corporation or the shareholders:a violation of 47-1A-833:or an intentional violation of criminal law: (5)A provision permitting or making obligatory indemnification of a director for liability,as defined in subdivision 47-I A-850(5) ,to any person for any action taken.or any failure to take any action.as a director, except liability for receipt of a financial benefit to which the director is not entitled;an intentional infliction of harm on the corporation or its shareholders:a violation of 347-1 A-833.1:or an intentional violation of criminal law;and /r (6)Any provision limiting or denying preemptive rights to acquire additional or treasury shares of the corporation. /!a Li/ �`r Exhibit C en ea r$ N 1 This document must be executed by the chair of the board of directors,by its president,or by another of its co officers.If directors have not been selected or the corporation has not been formed,an incorporator may execute this document,If the corporation is in the hands of a receiver,trustee,or other courttappointed N fiduciary,that receiver,trustee,or court-appointed fiduciary may execute this document CO tr lf, 3.5- (:)$ M Date Signature e-t� Title/Official Capacity Filing Instructions: Filing Fee:$125 The proper filing fee must accompany the application.Make checks payable to the Secretary of State. One originally signed and one photocopy of the articles of incorporation must be submitted. The Consent of Appointment below must be signed by the registered agent. 1�, ` 5 ` Consent of Appointment by the Registered Agent 1,_ t°`%C.tl a 4.‘ 1\v1/4w•C ,hereby give my consent to serve as the Name of Registered Agent'A �cr Cl registered agent for 6c4�t,wt+.w.ce_ IA � 1C Corporate N a Dated 3, $-o� - - +i Signature of Registered Agent dome,imninlesotincotpo,ation July 21)05 , Exhibit D m 2009 -ANNUAL REPORT - DOMESTIC a li a DATE - !j csi Secretary of State Office 800E Capitol Ave Please Type or Print Marty In Ink RECEIPT NO 411.AP de IL" In Pierre,SD 57501 v (605)7734845 FILING FEE: $30 Mike check payable to SECRETARY OF STATE 1. Corporate Name,Registered Agent Name and Address: is-oti - .., i S.D.SEC c p V) ' 1:' 1111111111111111 co ty +* n B O 3 3 3 7 6 ,+ DB053376 MAR/0000 Telephone a GEOFURNACE MANUFACTURING, INC. FAX it HUNT, MICHAEL FpuNC3oATE; tyuedurinytt�enoruth 605 4TH ST SE the Certificate of incorporation was PO BOX 479 issued,and delinquent after the last DESMET SD 57231 day of the following month. 2.The address of the principal executive office in or out of the State of South Dakota. . Po -fix -trff t s SG._ -.._.. . -- T) - -- - - SUS/ Street Address City State ZIP+4 Mailing Address(Optional) City State ZIP+4 3.The name of the South Dakota Registered Agent I ►) ri2 i 4011— (nCS y , st 5 I � S?23/ Street Address(Required to be a South Dakota Address) City State ZIP+4 PO 607. q1q i- 57 as) , Mailing Address(Optional—Required to be a South Dakota Address) City State ZIP+4 4.The names and business addresses of Its principal officers and directors. Please place a check mark next to the name if the principal officer serves as a director. South.Dakota Law requires a leashirector. _ a i3*A tj csa � .) Si- [( � SD 5723/ President PliChR41 ticr iN f Street Address City State ZIP+4 0 Vice President Street Address City State ZIP+4 0 Secretary Street Address City State ZIP+4 U .. _- Treasurer Street Address City State ZIP+4 ❑. 0 Director Street Address City State ZIP+4 Director Street Address City State ZIP+4 Dated 3/�v/en � (Sgn re of an authorized officer) L ill kfgrsR/ e4G1 st. C (Printed Name) (Title) domeslicannuakeport July 2008 Exhibit D 2010 ANNUAL REPORT \- Secretary of State Office DOMESTIC FILE DATE / , + 600E Capitol Ave Please Type or Print Clearly in Ink RECEIPT NO %. ..'1"' oN Pierre,SD o 57601 ,m (606)773-4845 RUNG FEE: $50 Make check payable to SECRETARY OF STATE RECEIVED c-I 1.Corporate Name,Registered Agent Name and Address: A(I6 1 3 2010 irniiiiiwiiiiiuii S.D.SEC.OF STATE • mi " DOG 5 3 3 7 6 w DB053376 MAR/2009 Telephone* GEOFURNACE MANUFACTURING, INC. HUNT, MICHAEL FAX# PO BOX 479 FILING DATE: Due during the month DE SMET SD 57231-0479 the Certificate of Incorporatwn was . Issued,and delinquent after the last day of the following month. 2.The address of the principal executive office in or out of the State of South Dakota. Di L, . r .. ,0 . - _ i •t , S* a3r Street Address City State ZIP+4 Mailing Address(Optional) _City { State ZIP+4 3.The name of the South Dakota Registered Agent /- t:+.•1 34Ut (./os q& sf s 5o s193/ Street Address(Required to be a South Dakota Address) City State ZIP+4 I , _, 57213 Mailing Address(Optional—Required to be a South Dakota Address) City State ZIP+4 4.The names and business addresses of its principal officers and directors. Please place a check mark next to the name if the principal officer serves as a-director. South Dakota Law required at least one director. o 1 - a `L a .x. 19'(-4 �.y4ila e SQ 5?3a3 President puthj op Street Address City State ZIP+4 ❑ Vice President Street Address City State ZIP+4 ❑, Secretary Street Address City State ZIP+4 ❑ _ . -- Treasurer Street Address • - City State ZIP+4 ❑. Director Street Address City State Z1P+4 0 Director Street Address City State ZIP+4 Dated q a"/f v '� (-- reed,re of an authorized er) l//ed,4,,, f ffr:.me-6- (Printed Name)i.44,;a1 w/L (Title) ti domeslicannuaireport July 2009 Exhibit E Oak Park Heights City Hall Addendum Number Two 14168 Oak Park Heights Boulevard North March 24,2009 Oak Park Heights,Minnesota 55082 Page 1 March 24,2009 Addendum Number Two Project Title and Location: Oak Park Heights City Hall 14168 Oak Park Heights Boulevard North Oak Park Heights,Minnesota 55082 Architect: Buetow&Associates,Inc. 2345 Rice Street Roseville,Minnesota 55113 Bid Time: 2:00 PM CST Bid Date: March 31,2009 Bid Place: City Council Chamber Oak Park Heights City Hail 14168 Oak Park Heights Boulevard North Oak Park Heights,Minnesota 55082 Project Number: 0822 Contents A. Preamble B. Additions,Deletions,Modifications and Clarifications to Project Manual and to Architectural Specifications C. Additions,Deletions,Modifications and Clarifications to Architectural Drawings D. Architectural Products,Assemblies and Equipment Approved As Substitutions E. Additions, Deletions, Modifications and Clarifications to Civil Specifications and Civil Drawings(Addendum No.1) F. Additions, Deletions, Modifications and Clarifications to Mechanical Specifications, Mechanical Drawings,Electrical Specifications and Electrical Drawings(Addendum No.1) G. Attached Documents A. Preamble This Addendum Number Two hereby becomes a pa rt of the Con ract Documents modifying, ng, supplementing and clarifying the Work as herein described. applicable addition, deductions and/or modifications Bidders shall include in Proposals the app , described and shall acknowledge receipt of this Addendum Number Two in the space provided on the Proposal Form. (Note: Where the word "provide° of "provision" is used herein as regards materials, products, items and/or equipment, it shall be understood that the General Contractor shall furnish and install all such materials,items and/or equipment. (continued) 1 of 10 Exhibit F Heating: EWT 90°F LWT 99°F GPM 46 P.D. 9 Glycol 25% Source Cooling: EWT 90°F LWT 100°F GPM 56 P.D. 13 Glycol 25% Source Heating: EWT 30°F LWT 25°F GPM 57 P.D. 19.2 Glycol 25% Cooling Capacity 223 MBH Heat of Rejection 281 MBH Heating Capacity 257 MBH Heat of Absorption 182 MBH MECHANICAL PRIOR APPROVALS Water Heaters—Instantaneous Electric A.O.Smith Floor Drains Watts Drainage Cleanouts Watts Drainage Fixture Carriers Watts Drainage CO Detection System Acme Electric Cabinet and Unit Heaters Electromode,Raywall Plumbing Fixtures(China) Zurn Emergency Eye Wash/Showers Acorn Faucets and Trim Zurn Wall Hydrants Zurn Temperature Control TAC-1A,installed by UHL Company Temperature Control Approved Equal Heat Pumps GEO furnace,Climate Master Electric Water Coolers Acorn 5of7 Exhibit G Mechanical Solutions, inc. - treet North 800 Grotto Street JUL � � ���� St Paul, MN 55 104 Ph:(651)646-3837 R e Fax: (651)646-3812 email: adam@msi-tas.com WBE Owned Submittal I Date: June 1g 2009 To: Jorgenson Construction, Inc. From: Mechanical Solutions,Inc. 9255 East River Road N.W. 800 Grotto Street North Coon Rapids,MN 55433-5722 St.Paul, MN 55104 Attn:Steve Gansmoe RE: Oak Park Heights New City Hall We are sending in you the following: L X 1 Submittals � Is for(Heat Pumps and Electric Boiler for In-floor Heating) O&M's r ` -{y ,.,.- _ '--° 1„- f _ .- -,x 1 I Drawings I 1 Other I'.:r it.t, ! I it,r i i21;:-..-"i"::::._ .? F-. _. i ,; ,.. _ _ NOTED tO f brcat'c,or ordering Notes: `teiev -:... .;S is )r yt ; _nt "1. a C r,.. " - _ = ;In tl'PK(111 •. - . .. 1 ,. - j.' [j \PP'N((\■-I)AS NOTE]) V t :_ c: RI t:SI U Kl.S1I3SilT .� /:.. �. .-, LI .111•114/11',P -„ _ --..-,. _��:..r--`°`^"" -�}----.'."_ K!.°.toil )(?NIV FUK CO1FUk. ANC tsy ._ � ti .. �_ __ 1.ut Pit ._. C,.fl, (Il.Ufi$14NCU?C-L . MI:St t-1 AND 101011,1(1 L\\Ittt Tt,E -..,,4,,,,,,,:::;:,,;,-..1, - sy rt E „, 4:0f t tg,7 ..isir tNrc:K11:111C)N:IN:IIF CON7lk:M. aV Ih), t to sts �---- Submitted by: Adam M.5ilbernick—Project Manager �/� )uKt t Ntivt1 t(;x1 t 81∎ I ioN!!vim ..��// ~ r -dr\\_ ���� By lD:\il:� BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul. Minnesota 55113 Exhibit G Letter of Transmittal: s_'ta.3 To: Jorgenson Construction Date: July 9, 2009 9255 East River Road NW Coon Rapids, MN 55433-5722 Attn: Steve Gansmoe Project Number: 0822 Project Name: Oak Park Heights City Hall The following items are enclosed and sent via: X Mail FedEx Fax 1 hour Courier 3 hour Courier Pick up Copies Number Description Submittal Return: Section 15801 2.05 Air Handling System: Horizontal Unit 6 Heaters(UH-lthrough UH-4)(Marked Approved As Noted) Submittal Return: Section 15801 2.07 Air Handling System: Electric Unit 5 Heaters And Cabinet Unit Heaters (Marked Approved) Submittal Return: Section 15801 2.08 Air Handling System: Electric Duct Coils 5 (Marked Approved) Submittal Return: Section 15825 Water Source Heat Pumps, Electric toiler for 2 In-Floor Heat(Marked Approved As Noted) Remarks Copies to: Transmittal Enclosure • Owner's File Yes Yes File Yes Yes d'}f r' t } Signed: Randy Engel tel 651 483-6701 fax 651 483-2574 www.buetowarchitects_com •a laiJi 4t,`5i 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 August 5,2011 Memorandum Re: Operations of GeoFurnace Heat Pumps Oak Park Heights City Hall Oak Park Heights,Minnesota BA#0822 Definitions Owner: City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights,MN 55082 Contractor: Jorgenson Construction,Inc. 9255 East River Road N.W. Coon Rapids,MN 55433 Architect: Buetow and Associates,Inc. 2345 Rice Street Suite 210 St.Paul,MN 55113 Relevant Documents • Construction Documents(Project Manual and Drawings),dated February 27,2009(plus Addenda) which includes, by reference,the General Conditions of the Contract(AIA A201-1987). • Standard Form of Agreement Between Owner and Contractor (MA A101-1987), dated April 15, 2009 ("The Contract") • Notice To Proceed issued by Owner to General Contractor on April 28,2009. • Certificate of Substantial Completion Phase One(City Hall) (AIA G70-l--2000),dated May 14,2010. Background Information • The Contract,per Specification Section 15825 Water Source Heat Pumps,specifies a manufacturer(Florida Heat Pump) as the basis of design. The Drawings generally depict sizes, locations and controls for bidding and installation purposes.Other Heat Pump manufacturers may be considered for approval based upon timely request from Bidders. • The Contract states that, in the Bidding Phase, the Architect(through the Mechanical Engineering Consultant) is required to make a reasonable - but not exhaustive - examination of the information provided by a manufacturer that describes its product when such manufacturer concurrently requests the approval of its product as a substitution. The approval as a substitution allows that product to be considered by a Bidder. • The Mechanical Engineering Consultant reviewed the GeoFurnace manufacturer's proffered literature prior to approving that product as a substitution. • The Contract puts the burden of fully complying with the relevant Specifications upon the Contractor. • The Contract puts the burden of selection and installation of the product upon the Contractor. (Continued) tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com 1;1J1 fi-OW ri!) rr ,(,)t�:r 4 ► �,:� l�l 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 Memorandum of August 5,2011 Re:Operations of GeoFurnace Heat Pumps Page 2 Applicable Contract Provisions • Approval of a Product as a Substitution • Per Specification Document 002113 Instructions To Bidders,Subarticle 3.3 SUBSTITUTIONS,paragraph 3.3.1, The materials products and equipment described in the Bidding documents establish a standard of required function,dimension appearance,and quality to be met by any proposed substitution. • Owner' Right To Carry Out The Work Per the General Conditions of the Contract (AIA A201-1987) Article 3 Owner, Paragraph 2.4, should the Contractor refuse to replace the Heat Pumps after proper notice,the Owner can do so and the costs shall be borne by the Contractor. • Contractor's Responsibility To Carry Out the Work in Accordance with the Contract Documents Per the General Conditions of the Contract (AIA A201-1987) Article 3 Contractor, Paragraph 3.3.3), the Contractor shall not be relieved from performing the Work in accordance with the Contract Documents either by activities or duties of the Architect. • Contractor Warrants That the Work Will Be Free of Defects Per the General Conditions of the Contract(AIA A201-1987)Article 3 Contractor,Paragraph 3.5,the Contractor warrants that the Work will be free of defects and that the Work will confirm with the requirements of the Contract Documents. • Architect's Review and Approval of Contractor's Submittals Per the General Conditions of the Contract(AIA A201-1987) Article 4 Administration of the Contract,Paragraph 4.2.7,the Architect reviews and approves the Contractor's Submittals for conformance to the design concept,is not conducted for purposes of substantiating completeness of installation of the equipment which is the Contractor's obligation. • Correction of Work Per the General Conditions of the Contract (AIA A201-1987) Article 12 Uncovering and Correction of Work, Paragraph 12.2.1,the Contractor shall promptly correct Work rejected by the Architect. • Per the General Conditions of the Contract (AIA A201-1987) Article 12 Uncovering and Correction of Work, Paragraph 12.2.4,if the Contractor fails to correct the Work within a reasonable time,the Owner may carry it out in accordance with Paragraph 2.4.(that time is fixed by a written notice from the Architect). Attached Documents •General Conditions of the Contract(AIA A201-1987) •Document 002113 Instructions To Bidders tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com t$' City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 August 8, 2011 Mr. Randy Engel Buetow&Associates %\ 1\` 2345 Rice Street � St. Paul,MN 55123 ***SENT VIA EMAIL ONLY*** RE: City Hall—Outstanding Issues—Follow-up from Aug 3rd 2011 Meeting. Mr, Engel, This letter serves as a follow up from the City Council's meeting with you as held on August 3rd, 2011. 1. The City is awaiting the full replacement of the Heat Pump units and re-iterates that it is rejecting these. 2. The City has not yet accepted the driveway surfaces,this matter will await further discussion and possible disposition of other issues. 3. The City has not yet accepted the sidewalk surfaces — pop-outs, this matter will await further discussion and possible disposition of other issues. 4. The City has not yet accepted the security systems as installed, this matter will await further discussion and possible disposition of other issues,The City is considering your comment that a full system commissioning be accomplished.Please secure a price for such services and advise what it would entail and provide. 5. Please proceed with the repair of the crack at the police garage entrance—hydraulic materials. Subject to final architect review of materials to be used.(Option 2) 6. Please proceed with the repair of the face brick mortar joint cracks to be routed out as directed.(Option 2) 7. Please fix the Ceiling leak—SE Rotunda Area.(Option 1) 8. Please proceed with the tree replacements as agreed and which uses those specified by the City's Arborist.(Options 2&3) 9. Please fix the Fire Alarm control Panel.(Option 1) 10. Please fix the failed Catch Basin&Curbing—(Parking Lot)(Work has commenced) (Option 2) 11. Please fix the yard Drain Roof Outflow South Wall of Council Chamber -Arrangement.(Option 2) 12. Please fix all the exterior lighting issues. (Option 2) r P :. e -t t - ow if you have any questions or if I have missed a particular issue. • }// `u l Eric John:tn City Ad/ inistrator Cc; Weekly Notes Steve Gansmoe, Jorgenson Construction. ***SENT VIA EMAIL ONLY*** BUE fANI 4-;SOCIATES i1NN Afii;H rF.0:f"t.i114t SEf;Vl(` 4 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 August 5,2011 Sent by E-Mail and 12y Certified U.S.Mail(with Return Receipt) Mr.Stanley M.Jorgenson,President Jorgenson Construction,Inc. 9255 East River Road N.W. Coon Rapids,MN 55433-1583 Re: Operations of GeoFurnace Heat Pumps Oak Park Heights City Hall Oak Park Heights,Minnesota BA#0822 Mr.Jorgenson: We have observed that the four(4)GeoFurnace Heat Pumps furnished and installed by Jorgenson Construction,Inc., in late 2009learly2010 have developed equipment and operational performance issues and have not consistently operated during the cooling season of 2011. Observed operational issues include: cracking of fluid piping,failure of pumps, loss of coolant fluids and failure of one or more compressors. All with the result being an inability to maintain the programmed interior environmental conditions of temperature and humidity control desired for the new City Hall Building. Jorgenson Construction, Inc., has not provided to our office a written report that documents the background and/or reasons for these occurrences. Jorgenson Construction, Inc., in a letter dated July 28, 2011, alleges that it is the design team's approval of the GeoFurnace Heat Pumps as a product substitution in the Bidding Phase that the source of this equipment failure.That is wholly inaccurate and is not in accordance with the terms of the Owner-Contractor Agreement. It is Jorgenson Construction, Inc., through its Subcontractor(s), who selected, provided and installed the Heat Pumps and is fully responsible for replacement of those units. Jorgenson Construction,Inc.has made repairs and parts replacements on more than one occasion to the Heat Pumps in 2011 but problems have continued. The failure of the GeoFurnace Heat Pumps to properly operate is entirely attributable to the actions and/or inactions of the General Contractor,Jorgenson Construction,Inc.. The GeoFurnace Heat Pumps, thus,are rejected as not being incompliance with the Contract. Replace ent of that equipment,under the terms of the Contract, is entirely the responsibility of Jorgenson Construction,Inc.The term, `replacement' is defined as the provision of equipment such that constitutes an integral part of a complete and operational heating and cooling system for the City Hall Building as the Construction Documents so provide. This thus,is a Written Notice to Jorgenson Construction,Inc.that Jorgenson Construction,Inc.has a period of seven(7) calendar days to respond to the above(that it will replace the GeoFurnace Heat Pumps) and that response shall be submitted to our office no later than noon August 12,2011 (per the General Conditions of the Contract(AIA A201-1987)Article 12 Uncovering and Correction of Work,Paragraph 12.2.4). Should Jorgenson Construction,Inc.refuse to respond in the allotted time stated above,then the City has the right to achieve that replacement work and can charge those costs and other applicable costs to Jorgenson Construction,Inc. Please review the attached Memorandum of August 5,2011 that also addresses this issue. Sincerely, sib TOW. ASS TE:,IN' Randy L.Engel, ' ,AS Vice President Copy: Mr.Eric Johnson,AICP,City Administrator tel 651 483-6701 fax 651 483-2574 www.buetowarchitecte.com ' l Subject: OAK PARK HEIGHTS CITY HALL (BA#0822)- GEOFURNACE HEAT PUMPS Date: Friday, August 5, 2011 9:34 AM From: Randy Engel <randy_engel @buetowarchitects.com> To: Bonnie Jorgenson <bonnie @jorgensonconstruction.com> Cc: "Eric A. Johnson" <eajohnson @cityofoakparkheights.com> Conversation: OAK PARK HEIGHTS CITY HALL (BA#0822)- GEOFURNACE HEAT PUMPS August 5, 2011 Bonnie: Please provide this email transmittal and its three (3) individual attachments to Stanley M. p O e a y Jorgenson, President of Jorgenson Construction, Inc. This email transmittal is also being sent to Jorgenson Construction, Inc,. by Certified U.S. Mail (with Return Receipt). This email transmittal requires a response from Jorgenson Co nstruction Inc. no later than August 12 2011. Thank you. BUETOW AND ASSOCIATES, INC. Randy L. Engel, RA, AS Principal-in-Charge 2345 Rice Street, Suite 210 St. Paul, Minnesota 55113 Office 651 483-6701 Cellular 952 237=5932 Page 1 of 7 10 BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY ■- 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 August 5,2011 Sent by E-Mail and by Certified U.S.Mail(with Return Receipt) Mr.Stanley M.Jorgenson,President Jorgenson Construction,Inc. 9255 East River Road N.W. Coon Rapids,MN 55433-1583 Re: Operations of GeoFurnace Heat Pumps Oak Park Heights City Hall Oak Park Heights,Minnesota BA#0822 Mr.Jorgenson: We have observed that the four(4)GeoFurnace Heat Pumps furnished and installed by Jorgenson Construction,Inc., in late 2009/early2010 have developed equipment and operational performance issues and have not consistently operated during the cooling season of 2011. Observed operational issues include: cracking of fluid piping,failure of pumps, loss of coolant fluids and failure of one or more compressors. All with the result being an inability to maintain the programmed interior environmental conditions of temperature and humidity control desired for the new City Hall Building. Jorgenson Construction,Inc.,has not provided to our office a written report that documents the background and/or reasons for these occurrences. Jorgenson Construction, Inc., in a letter dated July 28, 2011, alleges that it is the design team's approval of the GeoFurnace Heat Pumps as a product substitution in the Bidding Phase that the source of this equipment failure.That is wholly inaccurate and is not in accordance with the terms of the Owner-Contractor Agreement. It is Jorgenson Construction, Inc., through its Subcontractor(s), who selected, provided and installed the Heat Pumps and is fully responsible for replacement of those units. Jorgenson Construction,Inc.has made repairs and parts replacements on more than one occasion to the Heat Pumps in 2011 but problems have continued. The failure of the GeoFurnace Heat Pumps to properly operate is entirely attributable to the actions and/or inactions of the General Contractor,Jorgenson Construction,Inc.. The GeoFurnace Heat Pumps, thus, are rejected as not being_incompliance with the Contract. Replacement of that equipment,under the terms of the Contract, is entirely the responsibility of Jorgenson Construction,Inc.The term, `replacement' is defined as the provision of equipment such that constitutes an integral part of a complete and operational heating and cooling system for the City Hall Building as the Construction Documents so provide. This thus,is a Written Notice to Jorgenson Construction,Inc.that Jorgenson Construction,Inc.has a period of seven(7)calendar days to respond to the above(that it will replace the GeoFurnace Heat Pumps) and that response shall be submitted to our office no later than noon August 12,2011 (per the General Conditions of the Contract(AIA A201-1987)Article 12 Uncovering and Correction of Work,Paragraph 12.2.4). Should Jorgenson Construction,Inc.refuse to respond in the allotted time stated above,then the City has the right to achieve that replacement work and can charge those costs and other applicable costs to Jorgenson Construction,Inc. Please review the attached Memorandum of August 5,2011 that also addresses this issue. Sincerely, ViTOWi; ASS TE:,IN . • Randy L.Engel, ' ' ,AS Vice President Copy: Mr.Eric Johnson,AICP,City Administrator tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com BUETOW AND ASSOCIAT AN ARCHITECTURAL SERVICES COES MPANINC Y 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 August 5,2011 Memorandum Re: Operations of GeoFurnace Heat Pumps Oak Park Heights City Hall Oak Park Heights,Minnesota BA#0822 Definitions Owner: City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights,MN 55082 Contractor: Jorgenson Construction,Inc. 9255 East River Road N.W. Coon Rapids,MN 55433 Architect: Buetow and Associates,Inc. 2345 Rice Street Suite 210 St.Paul,MN 55113 Relevant Documents • Construction Documents(Project Manual and Drawings),dated February 27,2009(plus Addenda)which includes, by reference,the General Conditions of the Contract(AIA A201-1987). • Standard Form of Agreement Between Owner and Contractor (AIA A101-1987), dated April 15, 2009 ("The Contract") • Notice To Proceed issued by Owner to General Contractor on April 28,2009. • Certificate of Substantial Completion Phase One(City Hall)(AIA G704-2000),dated May 14,2010. Background Information • The Contract,per Specification Section 15825 Water Source Heat Pumps, specifies a manufacturer(Florida Heat Pump) as the basis of design. The Drawings generally depict sizes, locations and controls for bidding and installation purposes.Other Heat Pump manufacturers may be considered for approval based upon timely request from Bidders. • The Contract states that,in the Bidding Phase,the Architect(through the Mechanical Engineering Consultant) is required to make a reasonable -but not exhaustive - examination of the information provided by a manufacturer that describes its product when such manufacturer concurrently requests the approval of its product as a substitution. The approval as a substitution allows that product to be considered by a Bidder. • The Mechanical Engineering Consultant reviewed the GeoFurnace manufacturer's proffered literature prior to approving that product as a substitution. • The Contract puts the burden of fully complying with the relevant Specifications upon the Contractor. • The Contract puts the burden of selection and installation of the product upon the Contractor. (Continued) tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com BUETOW AND ASSOCIATES INC .- AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 Memorandum of August 5,2011 Re:Operations of GeoFurnace Heat Pumps Page 2 Applicable Contract Provisions • Approval of a Product as a Substitution • Per Specification Document 002113 Instructions To Bidders,Subarticle 3.3 SUBSTITUTIONS,paragraph 3.3.1, The materials products and equipment described in the Bidding documents establish a standard of required function,dimension appearance,and quality to be met by any proposed substitution. • Owner's Right To Carry Out The Work Per the General Conditions of the Contract (AIA A201-1987) Article 3 Owner, Paragraph 2.4, should the Contractor refuse to replace the Heat Pumps after proper notice,the Owner can do so and the costs shall be borne by the Contractor. • Contractor's Responsibility To Carry Out the Work in Accordance with the Contract Documents Per the General Conditions of the Contract (AIA A201-1987) Article 3 Contractor, Paragraph 3.3.3), the Contractor shall not be relieved from performing the Work in accordance with the Contract Documents either by activities or duties of the Architect. • Contractor Warrants That the Work Will Be Free of Defects Per the General Conditions of the Contract(AIA A201-1987)Article 3 Contractor,Paragraph 3.5,the Contractor warrants that the Work will be free of defects and that the Work will confirm with the requirements of the Contract Documents. • Architect's Review and Approval of Contractor's Submittals Per the General Conditions of the Contract(AIA A201-1987)Article 4 Administration of the Contract,Paragraph 4.2.7,the Architect reviews and approves the Contractor's Submittals for conformance to the design concept,is not conducted for purposes of substantiating completeness of installation of the equipment which is the Contractor's obligation. • Correction of Work Per the General Conditions of the Contract (AIA A201-1987) Article 12 Uncovering and Correction of Work, Paragraph 12.2.1,the Contractor shall promptly correct Work rejected by the Architect. • Per the General Conditions of the Contract (AIA A201-1987) Article 12 Uncovering and Correction of Work, Paragraph 12.2.4,if the Contractor fails to correct the Work within a reasonable time,the Owner may carry it out in accordance with Paragraph 2.4.(that time is fixed by a written notice from the Architect). Attached Documents •General Conditions of the Contract(AIA A201-1987) •Document 002113 Instructions To Bidders tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com 1 !Illi OAK PARK HEIGHTS CITY HALL !_i DOCUMENT 002113 INSTRUCTIONS TO BIDDERS l PART 1 -GENERAL IIIII 1.1 SUMMARY A. Section Includes Ii 1. Instructions to Bidders -AIA Document A701, 1987 Edition, is incorporated into this Project Manual by reference. 111 For information on the various types of AIA Documents,contact Architect. PART 2-PRODUCTS NOT USED • ilk l iPART 3- EXECUTION NOT USED END OF DOCUMENT jI: LI II r iii_ �,ar itISSUED FOR BIDS 002113-1 OF 1 INSTRUCTIONS TO BIDDERS 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 A701 • Instructions to Bidders 1987 EDITION • • TABLE OF ARTICLES L DEFINITIONS 6. POST-BID INFORMATION • 2. BIDDER'S REPRESENTATIONS 7. PERFORMANCE BOND AND PAYMENT BOND 3. BIDDING DOCUMENTS 8. FORM OF AGREEMENT BETWEEN OWNER 4. BIDDING PROCEDURES AND CONTRACTOR 5. CONSIDERATION OF BIDS • Copyright 1970, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue,N.W.,Washington, D.C.20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA® •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A701-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. INSTRUCTIONS TO BIDDERS • ARTICLE 1 - has correlated the Bidder's personal observations with the • DEFINITIONS requirements of the proposed Contract Documents. - 2.1.4 The Bid is based upon the materials,equipment and sys- 1.1 Bidding Documents include the Bidding Requirements and terns required by the Bidding Documents without exception. the proposed-Contract Documents.The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions . ARTICLE 3 to Bidders, Supplementary Instructions to Bidders, the bid • form, and other sample bidding and contract forms. The.pro- • BIDDING DOCUMENTS posed Contract Documents consist of:the form of Agreement ' between the Owner and Contractor, Conditions of the Con- 3,1 COPIES - tract (General, Supplementary" and other Conditions), Draw- ings,Spec cations and all Addenda issued prior to execution of 3.1.1 Bidders may obtain complete sets Of the Bidding Dbtu- the tdnttact. ments from the issuing office designated in the Advertisement• or Invitation to Bid in the number and`for the deposit sum,if 1.2-Defmitions set forth in the General Conditions of the Con- any, stated therein. The deposit will be refunded to Bidders tract for Constructronn AlA Document A201, or in other Con- who submit a bona fide Bid and return the Bidding Documents tract Documents are applicable to the Bidding Documents. in good condition within ten days after receipt of Bids. The 1.3 Addenda are written or graphic instruments issued by the cost of replacement of missing or damaged documents will be Architect prior to the execution of the Contract which modify deducted from the deposit. A Bidder receiving a Contract or interpret the Bidding Documents by additions, deletions, award may retain the Bidding Documents and the Bidder's clarifications or corrections. deposit will be refunded. 1.4 A Bid is a complete and properly signed proposal to-do the 3.1.2 Bidding Documents will not be issued directly to Sub- Work for the sums stipulated therein,submitted in accordance bidders or others unless specifically offered in the Advertise- with the Bidding Documents. - meat or Invitation to Bid,or in supplementary instructions to bidders. 1.5`The Base Bid is the'sum stated in the Bid for which the Bid- 3.1.3 Bidders shall use complete sets of Bidding Documents in der offers to perform the Work described in the Bidding Docu preparing Bids; neither the. nor Architect assumes ments as the base,to which Work may be added or from which responsibility for error3 or miinterpretations resulting from the Work may be deleted for sums stated in Alternate.Bids. use of incomplete sets of Bidding Documents. 1.6 An Alternate Bid(or Alternate)is an amount stated in the 3.1.4 In making copies of the Bidding Documents available on Bid to be added to or deducted from the amount Of the Base the above terms, the Owner and the Architect do so only for Bid if the corresponding change in the Work, as described in the Bidding Documents,is accepted. I the purpose of obtaining Bids on the Work.and do not confer a license or grant permission for any other use of the Bidding 1.7 A Unit Price-is an amount stated in the Bid as a price per Documents. unit of measurement for materials,'equipthent or services or a portion of the Work as described in the Bidding Documents. 3.2 INTERPRETATION OR CORRECTION OF 1.8 A Bidder is a person or entity who submits a Bid.- BIDDING DOCUMENTS 1.9 A Sub bidder is aperson or entity who submits a bid to a 3.2.1 The Bidder`shall carefully study and compare the Bid- ding Documents with each other, and with other work being Bidder for materials, equipment or labor for a portion of the bid concurrently or presently under construction to the extent Work. that it relates to the Work for which the Bid is submitted,shall examine the site and local conditions,and shall at once report ARTICLE 2 to the Architect errors,inconsistencies or ambiguities discovered. BIDDER'S REPRESENTATIONS 3.2.2 Bidders and Sub-bidders requiring clarification or inter- pretation of the Bidding Documents shall make a written 2.1 The Bidder by,making a Bid represents that: request which shall reach the Architect at least seven days prior to the date for receipt of Bids. 2.1.1 The Bidder has read and understands the Bidding Docu 3.2.3 Interpretations, corrections and changes of the Bidding ments and the Bid is made in accordance therewith. Documents will be made by Addendum. Interpretations, cor- 2.1.2 The Bidder has.read and understands the Bidding Docu- rections and changes of the Bidding Documents made in any ments or contract documents, to the extent that such docu- other manner will not be binding, and Bidders shall not rely mentation relates to the Work for which the Bid is submitted, upon them. for other portions of the Project,if any,being bid concurrently or presently under construction. - - 3.3 SUBSTITUTIONS 2.1.3 The Bidder has visited:the site, become familiar with - 3.3.1 The materials,products and equipment described in the local conditions under which the Work is to be performed and Bidding Documents establish a standard of required function, AlA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA® •©1957•THE A701-1987 2 AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. dimension,appearance and quality to be met by any proposed of the bid security,state the Bidder's refusal to accept award of Substitution. less than the combination of Bids stipulated by the Bidder.The Bidder 'shall make no additional stipulations on the bid form 3.3.2 No substitution will be considered prior to receipt of nor qualify the Bid in any other manner. Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of 4.1.7 Each copy of the Bid shall include the legal name of the Bids. Such requests shall.include the name of the material or Bidder and a statement that the Bidder is a sole proprietor,part- equipment for which it is to be substituted and a complete nership, corporation or other legal entity. Each copy shall be description of the proposed substitution including drawings, signed by the person or persons legally authorized to bind the performance and test data,and other information necessary for Bidder to a contract.A Bid by a corporation shall further give an evaluation.A statement setting forth changes in other mate- the state of incorporation and have the corporate seal affixed.A rials, equipment or other portions of the Work including Bid submitted by an agent shall have a current power of changes in the work of other contracts that incorporation of attorney attached certifying the agent's authority to bind the the proposed substitution would require shall be included.The Bidder. burden of proof of the merit of the proposed substitution is upon the proposer.The A'rchitect's decision of approval or dis- 4.2 BID SECURITY • approval of a proposed substitution shall be final. 4.2.1 If so stipulated in the Advertisement or Invitation to Bid, 3.3.3 If the Architect approves a proposed substitution prior or supplementary instructions to bidders, each Bid shall be to receipt of Bids,such approval will be set forth in an Adden- accompanied by a bid security in the form and amount dum.Bidders shall not rely upon approvals made in any other required, pledging that the Bidder will enter into a Contract manner. with the Owner on the terms stated in the Bid and will, if 3.3.4 No substitutions Will be considered after the Contract required, furnish bonds covering the faithful performance of award unless specifically provided in the Contract Documents. the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security 3.4 ADDENDA shall be forfeited to the Owner as liquidated damages,not as a •3.4.1 Addenda will be mailed or delivered to all who are penalty.The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Sub- known by the issuing office to have received a complete set of 6.2.1. Bidding Documents. paragraph 4.2.2 If a'surety bond is required, it shall be written on AIA 3.4.2 Copies of Addenda will be made available for inspection Document A310, Bid Bond, unless otherwise provided in the wherever Bidding Documents are on file for that purpose. Bidding Documents,and the attorney-in-fact who executes the 3.4.3 No Addenda Will be issued later than four days prior to bond on behalf of the surety shall affix to the bond a certified the date for receipt of Bids except an Addendum withdrawing and current copy of the power of attorney. the request for Bids or one which includes postponement of 4.2.3 The•Owner will have the right to retain the bid security the date for receipt of Bids. of Bidders to whom an award is being considered until either 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that. (a)the Contract has been executed and bonds,if required,have the Bidder has'received all Addenda issued,and the Bidder shall been furnished, or (b) the specified time has elapsed so that acknowledge their receipt in the Bid. Bids may be withdrawn, or(c)all Bids have been rejected. 4.3 SUBMISSION OF BIDS • ARTICL.E.4 4.3.1 All copies of the Bid,the bid security, if any,and other documents required to be submitted with the Bid shall be BIDDING PROCEDURES enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified 4:1 FORM AND STYLE OF BIDS with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the 4.1.1 Bids shall be submitted on forms identical to the form Bid is submitted.If the Bid is sent by mail,the sealed envelope included with the Bidding Documents. shall be enclosed in a separate mailing envelope with the nota- tion"SEALED BID ENCLOSED" on'the face thereof. 4.1.2 All blanks on the bid form shall be filled in by typewriter or manually in ink. 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the 4.1.3 Where so indicated by the makeup of the bid form,sums time and date for receipt of Bids will be returned unopened. shall be expressed in both words and figures,and in case of dis- crepancy between the two,the amount written in words shall 4.3.3 The Bidder shall assume full responsibility for timely govern. delivery at the location designated for receipt of Bids. 4.1.4 Interlineations,alterations and erasures must be initialed 4:3.4 Oral, telephonic or telegraphic Bids are invalid and will by the signer of the Bid. not receive consideration. • 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter"No Change." 4.4 MODIFICATION OR WITHDRAWAL OF BID 4.1.6 Where.two or more Bids for designated portions of the 4.4.1 A Bid may not be modified, withdrawn or canceled by Work have been requested,the Bidder may,without forfeiture the Bidder during the stipulated time period following the time AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA® •©1987•.THE 3 A701-1987 AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. • and date designated for the receipt of Bids,and each Bidder so required and submitted as a prerequisite to the issuance of Bid- agrees in submitting a Bid. ding Documents. 4.4.2 Prior to the time and date designated fol;receipt of Bids, 6.2 OWNER'S FINANCIAL CAPABILITY a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of 6.2.1 The Owner shall, at the request of the Bidder to whom Bids. Such notice shall be in writing over the signature of the award of a Contract is under consideration and no later than Bidder or by telegram; if by telegrani, written confirmation seven days prior to the expiration of the time for withdrawal of over the signature of the Bidder shall be mailed and postmarked Bids, furnish to the Bidder reasonable evidence that financial on or before the date and time set for receipt of Bids.A change arrangements have been made to fulfill the Owner's obligations shall be so worded as not to reveal the amount of the original under the Contract. Unless such reasonable evidence is fur- Bid. niched, the Bidder will riot be required to execute the Agree- 4.4.3 Withdrawn Bids may be resubmitted up to the date and ment between the Owner and Contractor. time designated for the receipt of Bids provided that they are • then fully in conformance with these Instructions to Bidders. 6.3 SUBMITTALS 4.4.4 Bid security,if required,shall be in an amount sufficient 6.3.1 The Bidder shall,as soon as practicable after notification for the Bid as modified or resubmitted. of selection for the award of a Contract,furnish to the Owner through the Architect in writing: .1 a designation of the Work to be performed with the • ARTICLE 5 Bidder's own forces; CONSIDERATION OF BIDS .2 names of the manufacturers, products and the sup- CONSIDERATION of principal items or systems of materials and • 5.1 OPENING OF BIDS equipment proposed for the Work;and .3 names of persons or entities(including those who are 5.1.1 Unless stated otherwise in the Advertisement or Invita- to furnish materials or equipment fabricated to a tion to Bid, the properly identified Bids received on time will special design)proposed for the principal portions of be opened publicly and will be read aloud.An abstract of the the Work. Bids will be made available to Bidders.When it has been stated 6.3.2 The Bidder will be required to establish to the satisfac- that Bids will be opened privately,an abstract of the same infor don of the Architect and Owner the reliability and responsibil- mation may,at the discretion of the Owner,be made available ity of the persons or entities proposed to furnish and perform to the Bidders within a reasonable time. the Work described in the Bidding Documents. 5.2 REJECTION OF BIDS 6.3.3 Prior to the award of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, 5.2.1 The Owner shall have the right to reject any or all Bids, after due investigation,has reasonable objection to a person or reject a Bid not accompanied by a required bid security or by entity proposed by the Bidder. If the Owner or Architect has other data required by the Bidding Documents,or reject a Bid reasonable objection to a proposed person or entity,the Bidder which is in any way incomplete or irregular. may,at the Bidder's option,(1)withdraw the Bid,or(2)submit an acceptable substitute person or entity with an adjustment in 5.3 ACCEPTANCE OF BID(AWARD) the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the 5.3.1 It is the intent of the Owner to award a Contract to the adjusted bid price or disqualify the Bidder. In the event of lowest responsible Bidder provided the Bid has been submitted either withdrawal or disqualification, bid security will not be in accordance with the requirements of the Bidding Documents forfeited. and does not exceed the funds available.The Owner shall have 6.3.4 Persons and entities proposed.by the.Bidder and to •the right to waive informalities or irregularities in a Bid received whom the Owner and Architect have made no reasonable and to accept the Bid which,in the Owner's judgment,is in the objection must be used on the Work for which they were pro- Owner's own best interests. posed and shall not be changed except with the written con- 5.3.2 The Owner shall have the right to accept Alternates in sent of the Owner and Architect. any order or combination, unless otherwise specifically pro- vided in the Bidding Documents,and to determine the low Bid- der on the basis of the sum of the Base Bid and Alternates ac- ARTICLE 7 cepted. PERFORMANCE BOND AND PAYMENT BOND ARTICLE 6 • POST-BID INFORMATION 7.1 BOND REQUIREMENTS 7.1.1 If stipulated in the Bidding Documents, the Bidder shall • 6.1 CONTRACTOR'S QUALIFICATION STATEMENT furnish bonds covering the faithful performance of the Con- tract and payment of all obligations arising thereunder. Bonds 6.1.1 Bidders to whom award of a Contract is under con- may be secured through the Bidder's usual sources. sideration shall submit to the Architect, upon request, a prop- erly executed AIA Document A305, Contractor's.Qualification 7.1.2 If the furnishing of such bonds is stipulated in the Bid- Statement, unless such a Statement has been previously ding Documents, the cost shall be included in the Bid. If the AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA° •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A701-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • v • furnishing of such bonds is required after receipt of bids and 7.2.3 The bonds shall be dated on or after the date of the before execution of the Contract, the cost of such bonds shall Contract. be added to the Bid in determining the Contract Sum. 7.2.4 The Bidder shall require the attorrieyin-fact who 7.1.3 If the Owner requires that bonds be secured from other executes the required bonds on behalf of the surety to affix than the Bidder's usual sources,changes in cost will be adjusted thereto a certified and current copy of the power of attorney. as provided in the Contract Documents. 7.2 TIME OF DELIVERY AND FORM OF BONDS • ARTICLE 8 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution FORM OF AGREEMENT BETWEEN of the Contract.If the Work is to be commenced prior thereto OWNER AND CONTRACTOR in response to a letter of intent, the Bidder shall,prior to corn mencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in 8.1 FORM TO BE USED accordance with this Subparagraph 7.2.1. 7.2.2 Unless otherwise provided, the bonds shall be written 8.1.1 Unless otherwise required in the Bidding Documents, on AlA Document A312, Performance Bond and Payment the Agreement for the Work will be written on ALA Document Bond. Both bonds shall be written in the amount of the Con- A101,Standard Form of Agreement Between Owner and Con- tract Sum. tractor Where the Basis of Payment Is a Stipulated Sum. • • • , • • • • • • F AIA DOCUMENT A701 •INSTRUCTIONS TO BIDDERS•FOURTH EDITION•AIA® •©1987•THE 5 A701-1987 AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subjeV to legal prosecution. ‘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 • 4111111/4 A1A Document A201 , General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 19.87 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• 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS . • 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK CONTRACT • This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911,1915,1918,. 1925, 1937,1951,1958,1961,-1963,1966,1967,1970,1976,©1987 by The American Institute of Architects,1735 New York Avenue,N.W.,Washington,D.C.,20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. 411A- CAUTION: You should use an original AIA document which has this caution printed in red. '!? An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. I INDEX Acceptance of Nonconforming Work '9.6.6,9.9.3,12.3 Building Permit 3.7.1 Acceptance of Work. 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Capitalization 1.4 Access to Work 3.16,6.2.1,12.1 Certificate of Substantial Completion 9.8.2 Accident Prevention 4.2.3,10 Certificates for Payment 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, Acts and Omissions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 9.6.6,9.7.1,9.8.3,910.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 4.3.9,8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Certificates of Inspection,Testing or Approval 3.12.11,13.5.4 Addenda 1.1.1,3.11 Certificates of Insurance 9.3.2,9.10.2,11.1.3 Additional Cost,Claims for 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Change Orders 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, Additional Inspectionsand Testing 4.2.6,9.8.2,12.2.1,13.-5 7.1,7.2, 7.3_.2,8.3.1,9.3.1.1,9.10.3, 11.3.1.2, Additional Time,Claims for • • 4.3.6,4.3.8 4.3.9;8.3„,2` ;' , • , . ; •. .. ,= 11,3.4, 11.3.9, 12.1.2 ADMINISTRATION OF THE CONTRACT 3,3.3,4,9.4,9.5 Change,Orders, efinition of 7.2.1 Advertisement or Invitation to Bid `, 1;1.1; Changes', • 7.1 Aesthetic Effect 4.2.13;4.5. 1' CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3 Allowances 3.8 Claim,Definition of 4.3.1 All-risk Insurance 11.3.1.1 Claims and Disputes 4.3,4.4,4.5,6.2.5,8.3.2, Applications for Payment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, . 93.1.2,9.3.3,9.10.4, 10.1.4 9.8.3,9.10.1,9.10.3,9.10.4, 11.1.3, 14.2.4 Claims and Timely Assertion of Claims 4.5.6 Approvals .... 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8,3.18.3, Claims for Additional Cost 4.3.6,4.3.7,4.3.9,6.1.1,10.3 4.2.7,9.3.2, 11.3.1.4, 13.4.2, 13.5 Claims for Additional Time 4.3.6,4.3.8,4.3.9,8.3.2 Arbitration 4.1.4,4.3.2,4,3.4,4.4.4,4.5, Claims for Concealed or Unknown Conditions 4.3.6 8.3.1, 10.1.2, 11.3.9 1,1_3.10 . Claims for Damages...3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Architect - 4.1- `' Claims Subject to Arbitration 4.3.2,4.4.4,4.5.1 Architect,Definition of 4.1.1 Cleaning Up 3.15,6.3 Architect,Extent of Authority 2.4,3.12.6,4.2;4.3:2,4.3.6, Commencement of Statutory Limitation Period 13.7 4.4, 5.2,6.3, 7.1.2, 7.2.1, 7.3.6, 7.4,9.2, 93.1, Commencement of the Work,Conditions Relating to 2.1.2, 9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1, 2.2.1,3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1, 13.5.1,13.5.2,14.2.2, 14.2.4 6.2.2,8.1.2,8.2.2,9.2, 11.1.3, 11.3.6, 11.4.1 Architect,Limitations of Authority and Responsibility. 3.3.3,3.12.8, Commencement of the Work,Definition of 8.1.2 3.12.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12, Communications Facilitating Contract 4.2.13,4.3.2, 5.2.1,7.4,9.4.2,9.6.4,9.6.6 Administration 3.9.1,4.2.4,5.2.1 Architect's Additional Services and Expenses 2.4,9.8.2; Completion,Conditions Relating to 3.11,3.15,4.2.2,4.2.9, 11_3x1.1,-1 , 12.2.4, 13.5.2, 13.5.3, 14.2.4 4.3.2,9.4.2,'9.8,9.9.1,9.10, 11.3.5, 12.2.2, 13.7.1 Arch itect's Administration of the Contract 4.2,4.3.6, COMPLETION,PAYMENTS AND 9 . 4.3.7,4.4,9.4,9.5 Completion,Substantial 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, -Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 9.8,9.9.1, 12.2.2, 13.7 Architect's Authority to Reject Work.... 3.5.1,4.2.6,12.1.2,12.2.1 Compliance with Laws 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1, Architect's Copyright ,;,.-.,.. ."1.3 , 11.3, 13.1, 13.5.1, 13.5.2, 13.6,14.1.1, 14.2.1.3• Architect's Decisions 4.2.6,4.2.7,4.2.11,4.2:12,4.2.13, Concealed or Unknown Conditions 4.3.6 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1, Conditions of the Contract 1.1.1,1.1.7,6.1.1 9.2,9.4,9.5.1,9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Consent,Written - ,1.3.1,3.12.8,3.14.2,4.1.2, Architect's Inspections ' ' 4.2.2,4.2.9,4.3.6,9.4:2,9.8.2, 4.3,4,4.5.5,9.3.2,9.8.2,9.9.1,9:10.2,9.10.3,10.1.2, 10.1.3, 9.9.2,9.10.1, 13.5 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Architect's Instructions.. 4.2,6,4.2.7,4.2.8,4.3.7,7,4.1,12.1,13.5.2. - CONSTRUCTION BY OWNER OR BY SEPARATE Architect's Interpretations " 4.2.11,4.2.12,4.3.7 CONTRACTORS 1.1.4,6 Architect's On-Site Observations 4.2.2,4.2.5,4.3.6,9.4.2, Construction Change Directive,Definition of 7.3.1 9.5.1,9.10.1, 13.5 Construction Change Directives .... 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Architect's Project Representative 4.2.10 Construction Schedules,Contractor's 3.10,6.1.3 Architect's Relationship with Contractor 1.1.2,3.2.1,3.2.2, Contingent Assignment of Subcontracts 5.4 3.3.3,3.5.1,-3.7.3,3.11,3.12.8,3.12.11,3.16,3.18,4.2.3,4.2.4, Continuing Contract Performance 4.3.4 4.2.6,4.2.12,5.2,6.2.2,7.3.4,9.8.2, 11.3.7, 12.1, 13.5 Contract,Definition of 1.1.2 • Architect's Relationship with Subcontractors.... 1.1.2,4.2..3,4.2.4, . CONTRACT,TERMINATION OR 4.2.6,9.6.3,9.6.4, 11.3.7 SUSPENSION OF THE 4.3.7,5.4.1.1,14 Architect's Representations 9.4.2,9.5.1,9.10.1 Contract Administration 3.3.3,4,9.4,9.5 Architect's Site Visits 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Contract Award and Execution,Conditions Relating to 3.7.1, 9.8.2,9.9.2,9.10.1, 13.5 3.10,5.2,9.2, 11.1.3, 11.3.6, 11.4.1 Asbestos 10.1 Contract Documents,The 1.1,1.2,7 Attorneys'Fees 3.18.1,9.10.2,10.1.4 Contract Documents,Copies Furnished and Use of... 1.3,2.2.5,5.3 Award of Separate Contracts 6.1.1 Contract Documents,Defmition of 1.1.1 Award of Subcontracts and Other Contracts for Contract Performance During Arbitration 4.3.4,4.5.3 Portions of the Work 5.2 Contract Sum 3.8,4.3.6,4.3.7,4.4.4,5.2.3, Basic Definitions 1.1 6.1.3,7.2,7.3,9.1,9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Bidding Requirements 1.1.1,1.1.7,5.2.1,11.4.1 Contract Sum,Definition of 9.1 Boiler and Machinery Insurance 11.3.2 Contract Time 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, Bonds,Lien 9.10.2 8.2.1,8.3.1,9.7, 12.1.1 . Bonds,Performance and Payment 7.3.6.4,9.10.3,11.3.9,11.4 Contract Time,Definition of 8.1.1 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 2 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is Subject to legal prosecution. • CONTRACTOR , - . • .3 Emergencies • 4.3.7,10.3 .4.2 3.8.1 3.9 3.18.1 .•. 3.1 6.1.2 Employees,Contractor's 3.3.2,3 Contractor,Definition of Contractor's Bid 1.1.1 3.18.2,4.2.3,4.2.6,•8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Construction Schedules • • 3.10,6.1.3 Equipment,Labor,Materials and 1.1.3,1.1.6,3.4,3.5.1, Contractor's Employees 3.3.2,3.4.2;3.8.1,3.9,3.18,4.2.3, 3.8.2,3.12.3,3.12.7,3.12.11,3.13, 3.15.1,4.2.7, -4.2.6,8.1.2, 10.2, 10.3, 11.1.1,142.1.1 6.2.1,7.3.6,9.3.2,9.3.3,11.3, 12.2.4, 14 Contractor's Liability Insurance . , 11.1 Execution and Progress of the Work 1.1.3,1.2.3,3.2,3.4.1, Contractor's Relationship with Separate Contractors 3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3, and Owner's Forces 2.2.6,3.12.5,3.14.2,4.2.4,6,12.2.5 7.3.9,8.2,8.3,9.5,9.9.1, 10.2, 14.2, 14.3• Contractor's Relationship with Subcontractors . 1.2.4,3.3.2, Execution,Correlation and Intent of the 3.18.1,3.18.2, 5.2, 5.3, 5.4,9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contract Documents 1.2,3.7.1 1 4. .8 7.2.1. 8.3 10.3.1 Contractor's Relationship with the Architect .... 1.1.2,3.2.1,3.2.2, Extensions of Time 4.3. 3 3, .1 3.7.3,3.11,3.12.8 3.16 3..18 4.2,3 4.2.4,4:2.6, Failure of Payment by Contractor 9.5.1.3,14.2.1.2 .3.3.3, 35 ,3 3,3 >3 y Y 4.2.12,5.2,6.2.2,7.3.4,9.8.2, 11.3.7, 12.1, 13.5 Failure of Payment by Owner 4.3.7,9.7,14.1.3 Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Faulty Work(See Defective or Nonconforming Work) Contractor's Responsibility for Those Final Completion and Final Payment 4.2.1,4.2.9,4.3.2, Performing the Work 3.3.2,3.18,4.2.3,10 4.3.5,9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Contractor's Review of Contract Documents 1.2.2,3.2,3.7.3 Financial Arrangements,Owner's 2.2.1 Contractor's Right to Stop the Work 9.7 Fire and Extended Coverage Insurance 11.3 Contractor's Right to Terminate the Contract 14.1 GENERAL PROVISIONS 1 Contractor's Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2, Governing Law 13.1 9.10.3, 10.1.2, 11.4.2; 11.4.3 Guarantees(See Warranty and Warranties) Contractor's Superintendent 3.9,10.2.6 Hazardous Materials 10.1,10.2.4 Contractor's Supervision and Construction Procedures 1.2.4, Identification of Contract Documents 1.2.1 3.3,3.4,4.2.3,8.2.2,8.2.3, 10 Identification of Subcontractors and Suppliers . 5.2.1 Contractual Liability Insurance 11.1.1.7,11.2.1 Indemnification 3.17,3.18,9.10.2,10.1.4,11.3.1.2,11.3.7 Coordination and Correlation 1.2.2,1.2.4,3.3.1, Information and Services Required of the Owner 2.1.2,2.2,. 3:10,3.12.7,6.1.3,6.2;1 4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2, Copies Furnished of Drawings and Specifications ... 1.3,2.2.5,3.11 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Correction of Work 2.3;2.4,4.2.1,9.8.2, Injury or Damage to Person or Property 4.3.9 Inspections 3.3.3,3.3.4,3.7.1,4.2.2, 1 12.1.2 12.2 1 .1. p 9.9. 3 7 3 2 9.10.1, 1 Cost,Definition of � � 7.3.6,14.3:5 4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9 13.5 Costs .... 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2:3, Instructions to Bidders 1.1.1 6.1.1,6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2,.:9.10.2,11.3.1.2, Instructions to the Contractor.... 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2 11.3.1.3,11.3.4,113.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 Insurance 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9,10.2,11 Cutting and Patching 3.14,6.2.6 Insurance,Boiler and Machinery 11.3.2 Damage to Construction of Owner or Separate Contractors ' 3.14.2, Insurance,Contractor s Liability 11.1 6.2.4,9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5. Insurance,Effective Date of 8.2.2,11.1.2 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3 Insurance,Loss of Use 11.3.3 Damages,Claims for.. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Insurance,Owner's Liability 11.2 Damages for Delay ., 6:1.1,8.3.3,9.5.1.6,9.7 Insurance,Property 10.2.5,'11.3 Date of Commencement of the Work,Definition of 8.1.2 Insurance,Stored Materials 9.3.2,11.3.1.4 Date of Substantial Completion,Definition of 8.1.3 INSURANCE AND BONDS 11 I Day,Definition of 8.1.4 Insurance Companies,Consent to Partial Occupancy ..9.9.1,11.3.11 Decisions of the Architect 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Insurance Companies,Settlement with 11.3.10 4.3.2,4.3.6,•4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2, Intent of the Contract Documents 1.2.3,3.12.4, 9.4,9.5.1,9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 4.2.6,4.2.7,4.212,4.2.13,7.4, Decisions to Withhold Certification 9.5,9.7,14.1.1.3 Interest 13.6 Defective or Nonconforming Work,Acceptance, Interpretation 1.2.5,1.4,1.5,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Rejection and Correction of . . 2.3,2.4,3.5.1,4.2.1, 4.2.6,4.3.5,9.5.2,9.8.2,9.9.1, 10.2.5, 12, 13.7.1.3 Interpretations,Written 4.2.11,4.2.12,4.3.7 Defective Work,Definition of 3.5.1 Joinder and Consolidation of Claims Required 4.5.6 Definitions 1.1,2.1.1,3.1,3,5.1,3.12.1,3.12.2,3.12.3,4.1.1, Judgment on Final Award • 4.5.1,4.5.4.1,4.5.7 4.3.1, 5.1,6.1.2,:7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 Labor and Materials,Equipment .... 1.1.3,1.1.6,3.4,3.5.1,3.8.2, Delays and Extensions of Time 4.3.1,4.3.8.1,4.3.8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1, 6.1.1,6.2.3,7.2.1, 7.3.1,7.3.4,7.3.5,7.3.8, 4.2.7,6.2.1,7.3.6,9.3.2,9.3.3, 12.2.4, 14 7.3.9,8.1.1,8.3, 10.3.1, 14:1.1.4 Labor Disputes 8.3.1 Disputes 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Laws and Regulations 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7, Documents and Samples at the Site 3.11 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1;13.5.2, 13.6 Drawings,Definition of 1.1.5 Liens 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 . Drawings and Specifications,Use and Ownership of 1.1.1,1.3, Limitation on Consolidation or Joinder 4.5.5 2.2.5, 3.11,5.3 Limitations,Statutes of 4.5.4.2,12.2.6,13.7 Duty to Review Contract Documents and Field Conditions 3.2 Limitations of Authority 3.3.1,4.1.2,4.2.1, Effective Date of Insurance 8.2.2,11.1.2 4.2.3,4.2.7,4.2.10, 5.2.2,5.2.4,7.4, 11.3.10 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.;WASHINGTON,D.C.20006 A201-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. , Limitations of Liability 2.3,3.2.1,3.5.1,3.7.3,3.12.8;3,12.11, Owner's Right to Perform Construction and to - 3.17,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, Award Separate Contracts • • • 6:1 10.1.4, 10.2.5, 11.1.2, 11:2.1, 11.3.7, 13.4.2, 13.5.2 Owner's Right to Stop the Work . 2.3,4.3.7 Limitations of Time,General 2.2.1,2.2.4,3.2.1,3.7.3, Owner's Right to Suspend the Work 14.3' 3.8.2,3.10, 3.12.5,3.15.1,4.2.1, ,4.2.7, ,3.2.1,4.3.2, Owner's Right to Terminate the Contract 14.2 Ownership and Use of Architect's Drawings,Specifications 4.3.3,4.3.4,4.3.6,4.3.9,4.5.4.2, 5.2.1,5.2,3,6.2.4,7.3..4,7.4, : and Other Documents - -1.1,1,1:3,2:2:5,5.3 8.2,9.5,9.6.2,9.8,9.9,9.10, 11:1.3, 11.3.1, 11.3.2, 11.3.5, Partial Occupancy or Use 9:6.6,9.9,11.3.11 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7 Patching,Cutting and • 3.14,6.2.6 Limitations of Time,Specific . 2.1,2,2,2.1,2.4,3.10.,3.11, Patents,Royalties and - 3:17 .3.15.1,4.2.1,4.2.11,4.3,4.4,4.5, 5.3,5.4,7.3.5,7.3.9,8.2, Payment,Applications for 4.2.5,9.2,9.3,9.4, 9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1,3, 11.3.6, 9.5.1,9.8.3,9.10.1,9.10.3,9.10.4, 14.2.4 11.3.10, 11.3.11, 12.2,2, 12.2.4, 12.2.6, 13.7, 14 Payment,Certificates for . - . • 4.2.5,4.2.9,9.3.3,9.4,9.5; Loss of Use Insurance 11.3.3 9.6:1,9.6.6,9.7.1,9.8.3,9.10:1,9.10.3, 13.7, 14.1.1.3, 14.2.4 Material Suppliers .; 1.3.1,3.12.1,4;2.4,4.2.6,5:2.1, Payment,Failure of • 4.3.7,9•.5.1.3, 9.3.1,9,3.1.2,9.3.3,9.4.2,9.6..5,9.10.4 9.7,9.10.2, 14.1.1.3, 14.2:1.2 Materials,Hazardous - , 10.1 ,10.2.4 Payment,Final 4.2.1,4.2.9,4.3.2,4.3.5,9.10,11.1.2, Materials,Labor,Equipment and ...... 1.1.3,1.1.6,3.4,3,5.1,3.8.2, 11.1.3, 113.5,12.3.1 3.12.2, 3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1, Payment Bond,Performance Bond and 7.3:6:4, 7.3.6,9;3.2 9.3:3, 12.2.4, 14 s . 9.10.3,113.9,11.4 Means,Methods,Techniques,Sequences and Payments,Progress 4.3.4,9.3,9.6, Procedures of Construction _ 3.3.1,4.2.3,4.2.7,9.4.2 9.8.3,9.10.3, 13.6, 14.2.3 Minor Changes in the Work ' •• 1:1.1,4,2.8,4.3.7,7.1,7.4 PAYMENTS'AND COMPLETION . 9,14 MISCELLANEOUS PROVISIONS - 13 Payments to Subcontractors 5.4.2,9.5.1:3, Modifications,Definition of 1.1.1 9.6.2,9.6.3,9.6A, 11.3.8y.14.2.1.2 Modifications to the Contract 1.1.1,1.1.2,3.7.3,3.11, PCB 10.1 4.1,2,44.2.1,5.2.3,7,8.3.1,9.7 Performance Bond and Payment Bond • • 7.3.6.4, Mutual Responsibility 6.2 . 9.10.3, 11.3.9, 11.4 Nonconforming Work,Acceptance of ' 12.3 Permits,Fees and Notices 2.2.3,3.7,3.13,7.3.6.4,10.2.2 Nonconforming Work,Rejection and Correction of 2.3.1, PERSONS AND PROPERTY,PROTECTION OF • = .10 -' 4.3.5,9.5.2,9.8.2, 12, 13.7:1.3 Polychlorinated Biphenyl 10.1 Notice 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, Product Data,Definition of 3.12.2 3.12.9,3.17,4.3,4.4.4,4.5,5.2.1, 5.3, 5.4.1.1,8.2.2,9.4.1, Product Data and Samples,Shop Drawings .... 3.11,3.12,4.2.7' 9.5.1,9.6.1, 9.7,9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, Progress and Completion 4.2.2,4.3.4,8.2 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Progress Payments 4.3.4,9.3, Notice,Written - 2.3,2.4,3.9,3.12.8,3.12.9,4:3, - 9.6,9.8.3,9.10.3, 13.6, 14.2.3 4.4.4,4.5,5.2.1, 5.3, 5.4:1.1,8.22,9.4.1,9.5:1,9.7;9:10, Project,Definition of the t '- 1.1.4 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2; 12:2.4,13.3,13.5.2,14 Project Manual,Definition of the s 1.1:7 Notice of Testing and Inspections 13.5.1,1,3.5.2 Project Manuals 2.2.5 Notice to Proceed 8.2.2 .Project Representatives • • 4.2.10 Notices,Permits,Fees and 2.2.3,3.7,3.13,7:36.4,A10.2.2 Property Insurance 10.2.5;11:3 Observations,Architect's On-Site 4.2.2 4.2.5, PROTECTION OF PERSONS AND PROPERTY - 10 4.3.6,9.4.2,9.5.1,9.10.1, 13.5 Regulations and Laws 1.3,3.6,3.7,3.13,4.1.1;.4.5.5, Observations,Contractor's • ' '1.2:2;3.2.2 4.5.7, 10.2.2, 11.1, 11.3, 131, 13:4 13.5.1, 13.5.2, 13.6, 14 Occupancy - 9.6.6;9.8.1,9.9,11.3.11 Rejection of Work 3.5.1,4.2.6,12.2 On-Site Inspections by the Architect . ... 4.2.2,4.2.9,4.3.6, Releases of Waivers and Liens 9.10.2 • 9.4.2;9.8:2,9.9.2,9.10.1 Representations 1.2.2,3.5.1,3.12.7, On-Site Observations by the Architect 4.2.2,4.2.5,4.3.6, 6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 9.4.2,9.5.1,9.10.1, 13.5 Representatives • - 2.1.1,3.1.1,3.9, Orders,Written 2.3,3.9,4.3.7,7,8.2.2,11.3;9,12.1, 4.1.1,4.2.1,4.2.10, 5.1.1, 5.1.2, 13.2.1 12.2, 13.5.2, 14.3.1 Resolution of Claims and Disputes • 4.4,4.5 2 Responsibility for Those Performing the Work 3.3.2, OWNER 4.2.3,6.1.3,6.2, 10 Owner,Definition of 2.1 Retainage 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Owner,Information and Services Required of the • 2.1.2, Review of Contract Documents and Field 2.2, 4:3.4,6,9, 10.1.4,.11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Conditions by Contractor 1.2.2,3.2;3.7.3,3.12.7 Owner's Authority 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, Review of Contractor's Submittals by 7.3.1,8.2.2,9.3.1,9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner and Architect 3.10.1,3.10.2,3.11,3.12, Owner's Financial Capability 2.2.1,14.1.1.5 4.2.7,4.2.9,5.2.1, 5.2.3,9.2,9.8.2 Owner's Liability Insurance 11.2 Review of Shop Drawings,Product Data Owner's Loss of Use Insurance 11.3.3 and Samples by Contractor 3.12.5 ' Owner's Relationship with Subcontractors 1.1.2, Rights and Remedies 1.1,2,2.3,2.4,3.5.1,3.15.2, 5.2.1,5.4.1,9.6.4 4.2.6,4.3.6,4.5, 5.3,6.1,6.3,7.3.1,8.3.1,9.5.1,9.7, 10.2.5, Owner's Right to Carry Out the Work 2.4,12.2.4,14.2.2.2 . 10.3', 12.2.2, 12.2.4,13.4, 14 Owner's Right to Clean Up 6.3 Royalties and Patents • ' - 3.17 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 4 A201,1987 AlA® •01987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 ment, construction systems, standards and workmanship for the Work, and performance of related services. GENERAL PROVISIONS 1.1.7 THE PROJECT MANUAL 1.1 BASIC DEFINITIONS The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample 1.1.1 THE CONTRACT DOCUMENTS forms, Conditions of the Contract and Specifications. , The Contract Documents consist Of the Agreement between 1.2 EXECUTION,CORRELATION AND INTENT' Owner and Contractor(hereinafter the Agreement),Conditions of the Contract(General,Supplementary and other Conditions), 1.2.1 The Contract Documents shall be signed by the Owner Drawings; Specifications,addenda issued prior to execution of and Contractor as provided in the Agreement. If either the the Contract, other documents listed in the Agreement and Owner or Contractor or both do not sigh all the Contract Modifications issued after execution of the Contract.A Modifi Documents, the Architect shall identify such unsigned Docu- cation is (1) a written amendment to the Contract signed by ments upon request. both parties, (2) a Change Order, (3) a Construction Change Directive or(4)a written order for a minor change in the Work 1.2.2 Execution of the Contract by the Contractor is a repre- issued by the Architect. Unless specifically enumerated in the sentation that the Contractor has visited the site,become famil- Agreement, the Contract Documents do not include other iar with local conditions under which the Work is to be per- documents such as bidding requirements (advertisement or formed and correlated personal observations with require- invitation to bid, Instructions to Bidders, sample forms, the ments of the Contract Documents. Contractor's bid or portions of addenda relating to bidding requirements). 1.2.3 The intent of the Contract Documents is to include all 1.1.2 THE CONTRACT items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are comple- The Contract Documents form the Contract for Construction. mentary,and what is required by one shall be as binding as if The Contract represents the entire and integrated agreement required by all; performance by the Contractor shall be between the parties hereto and supersedes prior negotiations, required only to the extent consistent with the Contract Docu- -- _7 representations or agreements,either written or oral.The Con- ments and reasonably inferable from them as being necessary tract may be amended or modified only by a Modification.The to produce the intended results. Contract Documents shall not be construed to create a contrac- tual relationship of any kind(1)between the Architect and Con- 1.2.4 Organization of the Specifications into divisions;sections tractor, (2) between the Owner and a Subcontractor or Sub and articles,and arrangement of Drawings shall not control the subcontractor or(3)between any persons or entities other than Contractor in dividing the Work among Subcontractors or in the Owner and Contractor. The Architect shall, however, be establishing the extent of Work to be performed by any trade. entitled to performance and enforcement Of obligations under 1.2.5 Unless otherwise stated in the Contract Documents, the Contract intended to facilitate performance of the words which have well-known technical or construction'indus- Architect's duties. try meanings are used in the Contract Documents in accord- 1.1.3 THE WORK ance with such recognized meanings. The term "Work" means the construction and. services 1.3 OWNERSHIP AND USE OF ARCHITECT'S • required by the Contract Documents, whether completed or DRAWINGS,SPECIFICATIONS AND OTHER partially completed, and includes all other labor, materials, DOCUMENTS equipment and services provided or to be provided by the 1.3.1 The Drawings, Specifications and other documents Contractor to fulfill the Contractor's obligations. The Work prepared by the Architect are instruments of the Architect's may constitute the whole or a part of the Project. service through which the Work to be executed by the Con- 1.1.4 THE PROJECT tractor is described. The Contractor may retain one contract The Project is the total construction of which the Work per- record set.Neither the Contractor nor any Subcontractor,Sub- formed under the Contract Documents may be the whole or a subcontractor or material or equipment supplier shall own or part claim a copyright in the Drawings, Specifications and other art and which may include construction by the Owner or by separate contractors. documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and 1.1.5 THE DRAWINGS will retain all common law,statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, except the tract Documents, wherever located and whenever issued, Contractor's record set,shall be returned or suitably accounted showing the design, location and dimensions of the Work, for to the Architect,on request,upon completion of the Work. generally including plans, elevations, sections, details, sched- The Drawings, Specifications and other documents prepared ules and diagrams. by the Architect, and copies thereof furnished to the Contrac- tor,THE SPECIFICATIONS tor,are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor, Sub- The Specifications are that portion of the Contract Documents subcontractor or material or equipment supplier on other proj- consisting of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 6 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1 735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Rules and Notices for Arbitration , 4.5.2 Suspension by the Owner for Convenience 14.3 Safety of Persons and,Property 10.2 Suspension of the Work 4.3.7,5.4.2,14.1.1.4,14.3 Safety Precautions and Programs 4.2.3,4.2.7,10.1 Suspension or Termination of the Contract ....... 4.3.7,5.4.1.1,14 Samples,Definition of 3.12.3 Taxes 3.6,7.3.6.4 Samples,Shop Drawings,Product Data and ... 3.11,3.12,4.2.7 Termination by the Contractor 14.1 Samples at the Site,Documents and 3.11 Termination by the Owner for Cause 5.4.1.1,14.2 Schedule of Values .. i,.° - • - 9.2,9.3.1 Termination of the Architect 4.1.3 Schedules,Construction 3.10 Termination of the Contractor 14.2.2 Separate Contracts and Contractors 1.1.4,3.14.2,4.2.4, TERMINATION OR SUSPENSION OF THE CONTRACT '• 14 4.5.5,6, 11.3.7, 12:1.2, 12.2.5 Tests and Inspections 3.3.3,4.2.6,4.2.9,9.4.2,12.2.1,13.5 Shop Drawings,s,Definition of. 3.12.1 TIME 8 Shop Drawings;Product Data and Samples .... 3.11,3.12,4.2.7 Time,Delays and Extensions of 4.3.8,7.2.1,8.3 Site,Use of 3.13,6.1.1;6.2.1 Time Limits,Specific 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, Site Inspections ...1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2;9.10.1,13.5 4.2.1,4.2.11,4.3,4.4,4.5, 5.3, 5.4, 7.3.5,7.3.9, 8.2,9.2,9.3.1, Site Visits,Architect's 4.2.2,4.2.5,4.2.9,4.3.6, 9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6, 11.3.10, ' 9.42,9.5.1,9.82,9.9.2,9.10.1, 13.5 11.3.11, 12.22, 12.2.4, 122.6, 13.7, 14 Special Inspections and Testing '4.2.6,1.2.2.1,13.5 Time Limits on Claims 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Specifications,Definition of the 1.1.6 Title to Work 9.3.2,9.3.3 Specifications,The - 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11 UNCOVERING AND CORRECTION OF WORK • 12 Statutes of Limitations • 4.5.4.2,12.2.6,13.7 Uncovering of Work 12.1 Stopping the Work 2.3,4.3.7,9.7,10.1.2,10.3,14.1 Unforeseen Conditions • . 4.3.6,8.3.1,10.1 Stored Materials - 6.21,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Unit Prices 7.1.4,7.3.3.2 Subcontractor,Definition of 5.1.1 Use of Documents 1.1.1,1.3,2.2.5,3.12,7,5.3 SUBCONTRACTORS.. • • 5 Use of Site 3.13,6.1.1,6.2.1 Subcontractors,Work by 1.2.4,3.3.2,.3.12.1, Values,Schedule of 9.2,9.3.1 4.2.3,5.3,5.4 Waiver.of Claims:Final Payment . 4.3.5,4.5.1,9.19.3 Subcontractual Relations 5.3,5.4,.9.3.1.2,9.6.2, Waiver of Claims by the Architect 13.4.2 9.6.3,,9.6.4, 10.2.1, 11.3.7, 11.3.8, 14,1.1, 14.2.1.2, 14.3:2 Waiver of Claims by the Contractor 9.10.4,11.3.7,13.4.2 Submittals 1.3,32.3,3.10,3.11,3.12,42.7,5.2.1,5.2.3, Waiver of Claims by the Owner 4.3.5,4.5.1,9.9.3, 11. 11. 11.3.7, 1 3,4.2 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9:10.2,9.10.3, 10.1.2, 11.1.3 9.10.3, 11.3.3, 35, 3 3 Subrogation,Waivers of 6.1.1,11.3.5,11.3.7 Waiver ofLieris 9.1 0.2 Substantial Completion 4.2.9,4,3.5.2,8.1.1,8.1.3, Waivers of Subrogation • 6.1.1,11.3.5,11:3:7 8.2.3,9.8,9.9.1, 122.1, 12,2.2,-13.7 Warranty and Warranties 3.5,4.2.9, Substantial Completion,Definition of - . 9.8.1 4.3.5.3,9.3.3,9.8.2,9.9.1, 12.2.2, 13.7.1.3 .2. 5.2.4 Weather Delays • 4.3.8.2 Substitution of Subcontractors 5 5 3, s 5 y Substitution of the Architect 4.1.3 When Arbitration May Be Demanded, . . . . 4.5;4 Substitutions of Materials 3.5.1 Work,Definition of 1.1.3 • Sub-subcontractor;Definition of• • 5.1.2 Written Consent - 1.3.1,3.12.8,3.14.2,4.12,4.3.4, Subsurface Conditions '•• 4.3.6 4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3, 10.1.2,10.1.3, Successors and Assigns • ` • 13.2 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Superintendent - - • •••• 3.9,10.2.6 Written Interpretations 4.2.11,4.2.12,4.3.7 Supervision and Construction Procedures ...,..• 1.2.4,3.3,,... 1.2.4,3.3,3.4, Written Notice ' 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, 4.2.3,4.3.4,6.13,6.2.4,7.1.3,7.3:4,8,2,8.3.1, 10, 12, 14 4.5,5.2.1, 5.3, 5.4.1.1,8.2.2,9.4.1,9:5.1,9.7,9.10, 10.1.2, Surety 4.4.1,4.4.4,5.4.1.2,9.10-.2,9:10.3,14.2.2 10.2.6, 11.1.3, 11.3, 12.2.2; 12.2.4,13.3, 13.5.2, 14 Surety,Consent of • 9.9.1,9.10.2,9.10.3 Written Orders 2.3,3.9,4.3.7, Surveys 2.2.2,3.18.3 - 7,8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 • • . , AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION ALA •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. Work without the specific written consent of the Owner and ments and charges required for construction,use or occupancy Architect. The Contractor, Subcontractors, Sub-subcontractors of permanent structures or for permanent`changes in existing and material or equipment suppliers are granted a limited facilities. license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the 2.2.4 Information or services under the Owner's control shall Architect appropriate to and for use in the execution of their be furnished by the Owner with reasonable promptness to Work under the Contract Documents. All copies made under avoid delay in orderly progress of the Work. this license shall bear the statutory copyright notice, if any, 2.2.5 Unless otherwise provided in the Contract Documents, shown on the Drawings, Specifications and other documents the Contractor will be furnished,free of charge;such copies of prepared by the Architect. Submittal or distribution to meet Drawings and Project Manuals as are reasonably necessary for official regulatory requirements or for other purposes in con execution of the Work. nection with this Project is not to be construed as publication - •in derogation of the Architect's copyright or other reserved 2.2.6 The foregoing are in addition to other duties and respon- rights. sibilities of the Owner enumerated herein and especially those 1.4 CAPITALIZATION in respect to Article 6(Construction by Owner or by Separate 1.4.1 Terms capitalized in these General Conditions include Contractors),'Article 9(Payments and Completion)and Article those which are (1)specifically defined, (2) the titles of num- 11 (Insurance and Bonds). bered articles and identified references to Paragraphs,Subpara- 2.3 OWNER'S RIGHT TO STOP THE WORK graphs and Clauses in the document or (3) the titles of other 2.3.1 If the Contractor fails to correct Work which is not in documents published by the American Institute of Architects. accordance with the requirements of the Contract Documents 1.5 INTERPRETATION as required by Paragraph 12.2 or persistently fails to carry out 1.5.1 In the interest of brevity the Contract Documents fre- Work in accordance with the Contract Documents,the Owner, quently omit modifying words such as"all"and."any"and arti- by written order signed personally or by an agent specifically so des such as "the" and"an,"but the fact that a modifier or an empowered by the Owner in writing,may order the Contrac article is absent from one statement and appears in another is for to stop the Work,or any portion thereof,until the cause for not intended to affect the interpretation of either statement. such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- . ARTICLE 2 tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. OWNER 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.1 DEFINITION 2.4.1 If the Contractor defaults or neglects to carry out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance with the Contract Documents and fails ni to within a seven-day period after receipt of written notice from the Agreement and is referred o throughout the Contract Y P P Documents as if singular in number.The term"Owner"means the Owner to commence and continue correction of such and promptness, the Owner the Owner or the Owner's authorized representative. default or neglect with diligence an Owner may after such seven-day period give the Contractor a second 2.1.2 The Owner upon reasonable written request shall furnish written notice to correct such deficiencies within a second to the Contractor in writing information which is necessary and seven-day period. If the Contractor within such second seven- relevant for the Contractor to evaluate, give notice of or day p eriod after receipt of such second notice fails to corn- enforce mechanic's lien rights.Such information shall include a mence and continue to correct any deficiencies, the Owner correct statement of the record legal title to,the property on may, without prejudice to other remedies the Owner may which the Project is located,usually referred to as the site,and have, correct such deficiencies. In such case an appropriate the Owner's interest therein at the time of execution of the Change Order shall be issued deducting from payments then or Agreement and,within five days after any change,information thereafter due the Contractor the cost of correcting such defi- of such change in title, recorded or unrecorded. ciencies, including compensation for the Architect's additional services and expenses made necessary by such default,neglect 2.2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REQUIRED OF THE OWNER the Contractor are both subject to prior approval Of the Archi- tect. 2.2.1 If payments then or thereafter due the Contractor are not .2.1 The Owner shall,at the request of the Contractor,prior sufficient to cover wnh amounts, the Contractor shall pay the to execution of the Agreement and promptly from time to time difference to the Owner. thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.[Note: Unless such reasonable ARTICLE 3 evidence were.furnished on request prior to the execution of the Agreement, the prospective contractor would not be CONTRACTOR required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical 3.1 DEFINITION characteristics,legal limitations and utility locations for the site 3.1.1 The Contractor is the person or entity identified as such of the Project,and a legal description of the site. in the Agreement and is referred to throughout the Contract 2.2.3 Except for permits and fees which are the responsibility Documents as if singular in number. The term "Contractor" of the Contractor under the Contract Documents, the Owner means the Contractor or the Contractor's authorized shall secure and pay for necessary approvals,easements,assess- representative. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE QF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.20006 A201-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. . 3.2 REVIEW OF CONTRACT DOCUMENTS AND 3.5 • WARRANTY • •• FIELD CONDITIONS BY CONTRACTOR 3.5.1 The Contractor warrants to the Owner and Architect that 3.2.1 The Contractor shall carefully study and compare the materials and equipment furnished under the Contract will be Contract Documents with each other and with information of good quality and new unless otherwise required or permit- furnished by the Owner pursuant to Subparagraph 2.2.2 and ted by the Contract Documents, that the Work will be free shall at once report to the Architect errors,,inconsistencies or from defects not inherent in the quality required or permitted, omissions discovered.The Contractor shall not be liable to the arid that the Work will conform with the requirernents of the Owner or Architect for damage resulting from errors,inconsis- Contract Documents. Work not conforming to these require- tencies or omissions in the Contract Documents unless the merits; including substitutions not properly approved and Contractor recognized such error, inconsistency or omission authorized; may be considered defective. The Contractor's and knowingly failed to report it to the Architect. If the Con- warranty excludes remedy for damage or defect caused by tractor performs any construction activity knowing it involves abuse,modification§not executed by the'Contractor,improper a recognized error, inconsistency or omission in the Contract or insufficient maintenance, improper operation, or normal Documents without such notice to the Architect, the Contrac- wear and tear under normal usage.If required by the Architect, tor shall assume appropriate responsibility for such perfor- the Contractor shall furnish satisfactory evidence as to the kind mance and shall bear an appropriate amount of the attributable and quality of materials and equipment. costs for correction. 3.6 • TAXES . 3.2.2 The Contractor shall take field measurements and verify 3.6.1 The Contractor shall pay sales,Consumer,use and similar field conditions and shall carefully compare such field mea- taxes for the Work or portions thereof provided by the Cori- surements and conditions and:other information known to the tractor which are legally enacted when bids are received or Contractor with the Contract Documents before.commencing negotiations concluded,whether or not yet effective or merely activities. Errors, inconsistencies or omissions discovered shall scheduled to go into effect.. . . , be reported.to the Architect at once. , 3.7 PERMITS',FEES AND NOTICES 3.2.3 The Contractor shall perform the Work in accordance 3.7.1 Unless otherwise provided,in the Contract Documents, with the Contract Documents and submittals approved put the Contractor shall secure and,pay for the building permit and suant to Paragraph 3.12. other permits and governmental fees, licenses and inspections • 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES" ' necessary for proper execution and completion of the Work 3.3.1 The Contractor shall supervise and direct the Work, which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- using the Contractor's best skill and attention.The Contractor tiatioris concluded. shall be solely responsible for and have control over construe tion means, methods, techniques, seQuences and procedures 3.7.2 The Contractor shall comply with and give notices and for coordinating all portions of the Work under the Con- required by laws, ordinances,, rules, regulations and lawful tract, unless_Contract Documents.give other specific,instruc- orders of 'public authorities bearing on performance of the Lions concerning these matters. Work. . 3.3.2 The Contractor shall be responsible to the Owner for ads 3.7.3 It is not the Contractor's responsibility to ascertain that and omissions of the Contractor's employees; Subcontractors the Contract Documents are in accordance with applicable and their agents and employees;'and other persons performing laws,statutes,ordinances,building codes,and rules and regular portions of the Work under a contract with the Contractor. . lions.However,if the Contractor observes that portions of the Contract Documents are at variance therewith,the Contractor 3.3.3 The Contractor shall not be relieved of obligations to,per- shall promptly notify.the,Architect and Owner in writing,and form the Work in accordance with the Contract Documents necessary changes' shall be 'accomplished by 'appropriate either by activities or duties of the Architect in the Architect's Modification. administration of the Contract, or by tests, inspections, or approvals required or performed by persons other than the 3.7.4 If the Contractor performs Work knowing it to be con- Contractor. • trary to laws,statutes,ordinances;building codes,and rules and regulations without such notice to the Architect and Owner, 3.3.4 The Contractor shall be responsible for inspection of por- the Contractor shall assume full responsibility for such Work tions of.Work already performed under this Contract to deter- . and shall bear the attributable costs. ine that such portions are in.proper condition to receive sub- Sequent Work. 3.8,, ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The'Contractor shall include in the Contract Sum all 3.4.1 Unless otherwise provided in the Contract Documents, allowances stated in the Contract Documents. Items covered the Contractor shall provide and pay for labor,materials,equip- by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,but the Contractor ment, tools, construction equipment and machinery, water, shall not be required to employ persons or entities against heat, utilities, transportation, and other facilities and services which the Contractor makes reasonable objection. necessary for proper execution and'completion of the Work, • whether temporary or permanent and whether or not incorpo- 3.8.2 Unless otherwise provided in the Contract Documents: rated or to be incorporated in the Work. .1 materials and equipment under an allowance shall be 3.4.2 The Contractor shall enforce strict discipline and good selectedpromptly by the Owner to avoid delay in the order'among the Contractor's employees and other.persons Work; carrying.out the Contract. The Contractor shall not permit .2 allowances shall cover the cost to the Contractor of employment of unfit persons or persons not skilled in tasks materials and equipment delivered at the site and all • assigned to them. required taxes, less applicable trade discounts; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 8 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. . , .3 Contractor's costs for unloading and handling at the which submittals are required the way the Contractor proposes•. . site; labor, installation costs, overhead; profit and to.conform to the information given"and the design.concept . other expenses contemplated for stated allowance expressed in,the Contract Documents.Review by the Architect amounts shall be included in the Contract Sum and is subject to the limitations of Subparagraph 4.2.7.. . not in the allowances;' 3.12.5 The Contractor shall review,approve and submit to the • • '.4 whenever costs are more than or less than allowances, Architect Shop Drawings, Product Data, Samples•_and similar the Contract Sum shall be adjusted accordingly by submittals required by the Contract Documents with reason- Change Order.The amount of the Change Order shall able proriiptness arid in such segerice as to cause no delay in reflect(1)the difference between actual costs and the the Work or iii the activities of the Owner or of separate con-• allowances under Clause 3.8.2.2 and (2) changes in tractors. Submittals made by the Contractor which are,not Contractor's costs under Clause 3.8.23. required by the Contract Documents may be returned without 3.9 SUPERINTENDENT action. • 3.9.1 The Contractor shall employ a competent superinten- 3.12.6 The Contractor shall perform no portion of the Work dent and necessary assistants who shall be in attendance at the requiring•submittal and review of Shop Drawings, Product Project site during performance of the Work. The superinten- Data, Samples or similar submittals until the respective subrnit- dent shall represent the Contractor,and.communications given tai has been approved by the Architect. Such Work shall be in to the superintendent shall be as binding as if given to the Con- accordance with approved submittals. . - , . . tractor Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on 3.12.7 By approving and submitting Shop Drawings,Product written request in each case. Data,Samples and similar submittals,the Contractor represents •, that the Contractor has determined and verified materials,"field 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES measurements and field construction.criteria:related thereto;or 3.10.1 The Contractor,promptly after being-awarded the Con= will do so, and has checked and coordinated the information tract shall prepare and submit for the Owner's and Architect's contained within such submittals with the requirements of the information a Contractor's construction schedule for the Work: Work and of the Contract Documents. '' The schedule shall not exceed time.limits current under.the ' Contract Documents,shall be revised at appropriate intervals.as 3.12,8 The Contractor shall not be relieved of-responsibility' required by the conditions of the Work and Project, shall be fot deviations from;'requirements of the Contract Documents related.td the entire Project to the extent required by the Con- by the'Architect's approval of Shop Drawings; Product Data, tract Documents, and shall provide for expeditious and practi- Samples or similar submittals unless the Contractor has cable execution of the Work: .. . _ specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written The Contractor shall prepare and keep current, for the approval to the`specific deviation.The Contractor shall not be Architect's approval, a schedule Of'submittals whicfiis coordi- relieved of responsibility for errors or omissions in Shop Draw= nated with the Contractor's construction schedule and allows ings, Product Data Samples or similar.submittals by the Archi-, the Architect reasonable time to review submittals,.. .;.: tect's approval thereof. 3,10.3 The Contractor shall conform to the most recent 3.12.9 The Contractor shall direct specific attention,in,writing• schedules. or on resubmitted Shop Drawings; Product Data,,Samples or. 3.11 DOCUMENTS'AND SAMPLES'AT THE SITE . similar submittals, to revisions other.than those requested by the.Architect on.previous submittals. . ; . 3.11.1 The Contractor shall maintain at the site for the Owrier one record copy of the Drawings, Specifications, addenda; 3.12.10 Informational submittals Upon which the Architect is Change Orders and other Modifications, in good."order and not expected to take responsive action may be so identified in• marked currently to record changes and selections made du`ring the Contract.Documents. . construction, and in addition approved Shop Drawings,Prod- 3.12.11 When professional certification of performance.criteria uctData, Samples and similar required submittals. These shall of materials,systems or equipment is required by the Contract be available to-the Architect and shall be delivered to the Archi- Documents, the Architect shall be entitled to rely upon the tect for submittal to the Owner upon completion of the Work: accuracy and completeness of such calculations and,eertifi-: 3.12 SHOP DRAWINGS,PRODUCT BATA AND SAMPLES • cations.. 3.12.1 Shop,Drawings are drawings, diagrams, schedules arid 3.13 USE OF SITE • other data specially prepared for the Work by the Contractor or 3.13.1 The Contractor'shall.confine operations at the site to• a Subcontractor, Sub-subcontractor, manufacturer,supplier or areas permitted by law, ordinances, permits and the Contract distributor to illustrate some portion of the Work. • Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are illustrations, standard schedules, per materials or equipment formance charts, instructions, brochures;diagrams and Other 3.14 CUTTING AND PATCHING • . ` information furnished by the Contractor to illustrate materials or equipment for some portion of the•Work. 3,,141 The Contractor shall;be responsible for cutting, fitting or patching required to complete the Work or to make its parts 312.3 Samples 'are physical examples which illustrate fit together properly. • . . • materials, equipment or workmanship and establish standards - by which the Work will be judged. ". 3.14.2 The Contractor shall not damage or endanger a portion , of the Work or fully or partially completed construction of the. • 3.12.4 Shop Drawings,Product Data,Samples and similar sub-. Owner or separate contractors by cutting, patching or other- mittals are not Contract Documents.The purpose of their sub- wise altering such,construction,or by excavation.The Contrac mittal is to demonstrate for those portions of the Work for tor shall not cut or otherwise alter such construction by the MA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N•.W.,WASHINGTON,D.C.20006 A201-1987 a • • WARNING:Unlicensed photocopying violates,u.S.copyright laws and is subject to legal prosecution. Owner or a separate contractor except with written consent of tea's.consultants, and agents and employees of any of them the Owner and of such separate contractor;such consent shall arising out of(1)the preparation or approval of maps,drawings, not be unreasonably withheld.The Contractor shall'not unrea- opinions,reports,surveys,Change Orders,designs or specifica- sonably withhold frorri the Owner or a separate contractor the tions, or (2)the giving of'or the failure to give directions or Contractor's consent to cutting or otherwise altering the Work. instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or 3.15 CLEANING UP .. • failure to give is the primary cause of the injury or damage. 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of.waste materials or rubbish - caused by operations,under the Contract.At completion of,the • ARTICLE 4 \york the Contractor shall remove from and about the,Project • waste materials, rubbish, the Contractor's tools, construction ADMINISTRATION OF THE CONTRACT equipment, machinery and surplus materials. 4.1 ARCHITECT. 3.15.2 If the Contractor fails to clean up as provided in the 4.1.1 The Architect is the person lawfully licensed to practice Contract Documents, the Owner may do so and the cost architecture or an entity lawfully practicing architecture iden- thereof shall be charged to the Contractor. titled as such in the Agreement and is referred to throughout 3.16 ACCESS TO WORK the Contract Documents as if singular in number. The term 3.16.1.The Contractor shall provide the Owner and Architect "Architect'' means the Architect or the Architect's authorized access to, the Work in..preparation and progress wherever representative. located. 4.1.2 Duties,responsibilities and limitations of authority of the 3.17 ROYALTIES AND PATENTS• Architect as set forth in the Contract Documents shall not be restricted,modified orextended without written consent of the 3.17.1 The Contractor shall pay all royalties and,license fees. Owner, Contractor and Architect. Consent shall not be,unrea- The Contractor shall defend suits or claims for infringement of sonably withheld. . : . patent rights and shall hold the Owner and Architect harmleas . from loss on account thereof,but shall not be responsible for 4.1,3 Iii case of termination of employment of the Architect, such defense or loss when a particular design,process or prod- the Owner shall appoint an architect'against whom the Con- uct of a particular:manufacturer or manufacturers is required by tractor makes no reasonable objection and whose status under the;Contract Documents. However, if the Contractor has rea- the Contract Docuents shall be that of the former arch m itect. son to believe that the required design,process or product is an 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 infringement Of a patent,the Contractor shall be responsible for shall be subject to arbitration. such loss unless such information is promptly furnished to the 4.2 ARCHITECT'S ADMINISTRATION Architect. .. OF THE CONTRACT•3.18 INDEMNIFICATION . 4.2.1 The Architect will provide administration of the Contract 3.18.1 To the fullest extent permitted by law, the Contractor as described in the Contract Documents, and will be the shall indemnify and hold harmless the Owner,Architect,Archi- Owner's representative (1) during construction, (2) until final tect's:constltants, and agents and employees of any Of them payment is due and(3) with the Owner's concurrence, from• from and against claims,damages,losses and expenses,includ- time to time during the correction period described in Para- ing but not limited to attorneys'fees,arising out of or resulting graph 12.2. The Architect will advise and consult with the from performance of the Work,provided that such claim,dam- Owner.The Architect will have authority to act on behalf of the age, loss or expense is attributable to bodily injury, sickness; Owner only to the extent provided in the Contract Documents, disease or death,or to injury to or destruction of tangible prop- unless otherwise modified by written instrument in accordance erty(other than the Work itself)including loss of use resulting with other provisions of the Contract. therefrom,but only to the extent caused in whole or in part by 4.2.2 The Architect will visit the site at intervals appropriate to negligent acts or omissions of the Contractor,a Subcontractor, anyone directly or indirectly employed by them or anyone for the stage of construction to become generally familiar with the whose acts they may be liable, regardless of whether or not progress and quality.of the completed Work and to determine such claim,damage,loss or expense is caused in part by a party in general if the Work is being performed,in a manner indicat- indemnified hereunder.Such obligation shall not be Construed Mg that the Work,when completed,will be in accordance with to negate, abridge, or reduce other rights or Obligations of the Contract Documents._ However, the Architect will not be indemnity which would otherwise exist as'to a party or person required to make exhaustive or continuous on-site inspections described in this Paragraph 3.18. to check quality or quantity of the Work. On the basis of on- . . site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work,and will endeavor to under this Paragraph 3.18 by an,employee of the Contractor,a guard the Owner against defects and deficiencies in the Work. Subcontractor,anyone directly or indirectly employed by them 4.2.3 The Architect will not have control over or charge of and or anyone for whose acts they may be liable;the indemnifiea will not be responsible for construction means, methods, tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages,compensation or techniques,sequences or procedures,or for safety precautions benefits payable by or for the Contractor or a Subcontractor, and programs in connection with the Work, since these are under workers' or workmen's compensation acts, disability solely the Contractor's responsibility as provided in Paragraph benefit acts or other employee benefit acts. 3.3. The Architect will not be responsible for the Contractor's failure to carryout the Work in accordance with the Contract 3.18.3 The obligations of the Contractor under this Paragraph Documents.The Architect will not have control over or charge 3.18 shall not extend to the liability of the Architect,the Archi- of and will not be responsible for acts or omissions of the Con- . . - AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 10 A201-1987 AlA® •©19$7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNINGS Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • tractor,Subcontractors,or their agents or employees,or of any out the Architect's responsibilities at the site. The duties, . other persons performing portions of the Work. responsibilities and limitations of authority of such project 4.2.4 Communications Facilitating Contract Administra- representatives shall be as set forth in an exhibit to be incorpo tion.Except as otherwise provided in the Contract Documents rated in the Contract Documents. or when direct communications have been.specially,autho- 4.2.11 The Architect will interpret and decide matters concem- rized,.the.Owner and Contractor shall endeavor to communi- ing performance under and requirements of the Contract cate through the:Architect. Communications by and with the Documents on written request of either the Owner or Contrac- Architect's consultants shall be through the Architect.Commu- tor. The Architect's response to such requests will be made ncations by and with Subcontractors and material suppliers with reasonable promptness and within any time limits agreed shall be through,the Contractor.Communications by and with, upon. If no agreement is made concerning the time within separate contractors shall be through the.Owner. . which interpretations required of the Architect shall be fur- 4.2.5 Based on the Architect's observations and evaluations of niched in compliance with this Paragraph 4.2, then delay shall the Contractor's Applications for Payment, the Architect will not be recognized on account of failure by the Architect to fur review and certify the amounts due the Contractor and will nish such interpretations until 15 days after written request is issue Certcates for Payment in such amounts. made for them. 4.2.6 The Architect 'Will have authority-to reject Work which 4.2.12 Interpretations"and decisions of the Architect will be does not conform to the Contract Documents. Whenever the consistent with the intent of and reasonably inferable from the Architect considers it necessary or advisable for implementa- Contract Documents and will be in writing or in the form of tion of the intent of the Contract Documents,the Architect will drawings:When making such interpretations and decisions,the have authority to require additional inspection or testing of:the Architect will endeavor to secure faithful performance by both Work in accordance with Subparagraphs 13.5.2 and 13.5.3, Owner and Contractor, will not show partiality to either and whether o not such Work is fabricated installed or completed.. will not be liable for results of interpretations or decisions so P However,neither this authority of the Architect nor a decision rendered in good-faith; Made in good faith either to exercise or pot,to exercise such rise to a duty or responsibility of the Archi 4.2.13 The Architect's decisions on matters relating to aesthetic authority shall give, tect to the Contractor Subcontractors,material and e quip equipment effect will be final if consistent with the intent expressed in the q p suppliers,their agents or employees,or other persons perform Contract Documents. ing portions of the Work. 4.3 CLAIMS AND DISPUTES 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's subrl ittals such as 4.3.1 Definition. A Claim is a demand or assertion by one'of Shop Drawings, Product Data,and Samples, but only for the the parties seeking,as a matter of right,adjustment or interpre- liinited purpose of checking,for conformance;with information tation of Contract terms,payment of money,extension of time given arid the design coneept'expressed,in the Contract Docu- or other relief with respect to the terms of the Contract. The nients. The Arc iitect's'action'will be taken with such reason- term"Claim"also includes other disputes and matters in ques= able promptness as to cause no delay in the Work or in the Lion between the Owner and Contractor arising out of or relat- activities of the Owner, Contractor or separate contractors, ing to the Contract. Claims must be made by written notice. while allowing sufficient time in the Architect's professional The responsibility to substantiate Claims shall rest with the judgment to permit adequate review.Review of such submittals party making the Claim. is not conducted for the purpose of determining the accuracy and completeness of. other details such as dimensions and 4.3.2 Decision of Architect. Claims, including those alleging quantities,or for substantiating instructions for installation or an error or omission by the Architect,shall be referred initially performance of equipment or systems,all of which remain the to the Architect for action as provided in Paragraph 4.4.A.deci- responsibility of the-Contractor as required by the.Contract sion by the Architect,as provided in Subparagraph 4.4.4,shall Documents.The Architect's review of the Contractor's submit- be required as a condition precedent to arbitration or litigation tats shall not relieve the Contractor of the obligations under of a Claim between the Contractor and Owner as to all Such Paragraphs 3.3,.3.5 and 3.12. The Architect's review shall not matters arising prior to the date final payment is due,regardless I constitute approval of safety precautions or, unless otherwise of(1)whether such matters relate to execution and progress of specifically stated by the Architect,of any construction means, the Work or(2)the extent to which the Work has been com= I methods,techniques,sequences or procedures.The Architect's pieted. The decision by the Architect in response to a Claim approval of a specific item shall not indicate approval of an shall not be a condition precedent to arbitration or litigation in assembly of which the item is a cdrinponent. the event(1)the position of Architect is vacant,(2)the Architect has not received evidence or has failed to render a decision 4.2.8 The Architect will prepare Change Orders and Construe- within'agreed time limits, (3) the Architect has failed to take Directives, and ma authorize minor changes in tion Change may g� action required under Subparagraph 4.4.4 within 30 days after the.Work as provided in Paragraph 7.4. . . the Claim is made, (4)45 days have passed after the Claim has 4.2.9 The Architect will conduct inspections to determine the been referred to the Architect or (5) the Claim relates to a date or dates of Substantial Completion and the date of final • mechanic's lien. completion, will'receive and forward to the Owner for the Owner's review, and records written warranties and related 4.3.3 Time Limits on Claims. Claims.by either party must be documents required by the'Contract and assembled by the made within 21 days after occurrence of the event giving rise to Contractor;and will issue a final Certificate for Payment upon such Claim or within 21 days after the claimant first recognizes compliance with the requirerrients of the Contract Documents. the condition giving rise to the Claim,whichever is later.Claims must be made by written notice. An additional Claim made 4.2.10 If the Owner and Architect agree,the Architect will pro- after the initial Claim has been implemented by Change Order vide one or more project representatives to assist in carrying will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 11 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 4.3.4 Continuing Contract Performance. Pending final reso- substantiating that weather conditions were abnormal for the lution of a Claim including arbitration,unless otherwise agreed period of time and could not have been reasonably anticipated, in writing the Contractor shall proceed diligently with perfor- and that weather conditions had an adverse effect on the, mance of the Contract and the Owner shall continue to make scheduled construction. payments in accordance with the Contract Documents. 4.3.9 Injury or Damage to Person or Property. If either party 4.3.5 Waiver of Claims: Final Payment. The making of final to the Contract suffers injury or damage to person or property payment shall constitute a waiver of Claims by the Owner because of an act or omission of the other party,of any of the except those arising from other party's employees or agents,or of others for whose acts ".1 liens, Claims,Security interests or encumbrances aris- such party is legally liable, written notice of such injury or • ing out m t of the Contract and unsettled; daage, whether or not insured, shall be given to the other The notice shall provide sufficient detail to enable .2 failure of the Work to comply with the requirements party within a reasonable nine not exceeding 21 days after first of the Contract Documents; or observance,. the other,party to investigate the matter.,-,If a Claim for addi .3 terms of special warranties required by the Contract tionai cost or time related to this Claim is t be asserted,it shall. Documents. be filed as provided in Subparagraphs 4.3.7 or 4,3,.8:,.• 4.3.6 Claims for Concealed or Unknown Conditions.If con- 4.4 RESOLUTION:OF CLAIMS AND DISPUTES . ditions are encountered at the site which are(1)subsurface or otherwise concealed physical conditions which differ mater- 4.4.1 The Architect will review Claims and take•one or more of ally from those indicated in the.Contract Documents or. (2) the foll owing preliminary actions within ten days of'receipt of a • unknown.physical conditions of an unusual nature,which dif- Claim:(1)request additional supporting data from the claimant, fer materially from those ordinarily found to exist and generally (2)submit a schedule to the parties indicating when the Archi recognized as inherent in construction activities of the tect expects to take action, (3)reject the Claim in whole or in character provided for in the Contract Documents,then notice part, stating reasons for rejection,(4)recommend'approval of . by the observing party shall be given to the other party the Claim by the other party or(5)suggest a compromise.The promptly before conditions are disturbed and in no event later Architect may also but is not obligated to notify the surety;if than 21 days after first observance of the.conditions.The Archi- any, of the nature and amount of the Claim. ' " - tect will promptly investigate such conditions and,if they differ ' materially and cause an increase or decrease in the Contractor's 4.4.2 If a Claim has been resolved,the Architect will prepare or cost of, or time required for, performance pf any part of the obtain appropriate documentation. Work,will recommend an equitable adjustment in the Contract 4.4.3 If a Claim has.not been resolved the ar Makin the Sum or Contract Time,or,both.If the Architect determines that �' -• the conditions at the site are not materially different from those Claim shall, within ten'days 'after the Architect's prelytifriary indicated in the Contract Documents and that no change in the response,take one or more of the following actions:_41)submit terms of the Contract is justified, the Architect shall so notify additional supportin data requested by the;Architect, (2) modify the initial Clairnor(3)notify the Architect that the initial the Owner and Contractor in writing, stating the reasons. Claims by. either party- in opposition to such determination Claim stands. • must be made-within 21 days after-the Architect has given 4.4.4 If a Claim has not been resolved after consideration of the notice of the decision. If the Owner and Contractor cannot foregoing and of further evidence presented by'the parties•or agree on an adjustment in the Contract Sum-or Contract Time, requested by the Architect,the Architect will notify the parties the adjustment shall be referred to the Architect for initial deter- in writing that the Architect's'decision will be made within mination,subject to further proceedings pursuant to Paragraph � • f - seven days, which decision shall be final and binding on the 4.4. -- parties but subject to arbitration.Upon•expiration Of such tithe 4.3.7 Claims for Additional Cost.If the Contractor wishes to period, the Architect will render to the parties the Architect's make Claim for an increase in the Contract Sum,written notice written decision relative'to the Claim,including any change in as provided herein shall be given before proceeding to execute the Contract Sum or Contract Time or both.If there is a surety the Work. Prior notice is not required for Claims relating to an and there'appears to be a possibility of a Contractor's`default, emergency,endangering life or property arising under Para- the Architect may,but is not obligated to notify the surety and graph 10.3. If the Contractor believes additional cost is request the surety's assistance in resolving the controversy. involved for reasons including but not limited to(1)a written - interpretation from the Architect,(2)an order by the Owner to 4.5 ARBITRATION - stop the Work where the Contractor was not at fault,(3)a writ- 4. 5.1 Controversies san d lai C ms Subject'e ub ct to Arbitration.b tration.Any ten order for a minor change in the Wgrk issued by the Archi- controversy or Claim arising out of or related to the Contract, test,(4)failure of payment by the Owner,(5)termination of the or the breach thereof, shall be settled by arbitration in accor Contract by the Owner, (6) Owner's suspension or(7) other dance with the Construction Industry Arbitration Rules of the reasonable grounds,Claim shall be filed in accordance with the American Arbitration Association, and judgment'tipon-the procedure established herein. award rendered by the arbitrator or arbitrators rnay.be entered 4.3.8 Claims for Additional Time in any court having jurisdiction thereof, except controversies` 4.3.8.1 If the Contractor wishes to make Claim for an increase or,Claims relating to aesthetic effect and except those waiyed as in the Contract Time,written notice is provided herein shall be provided for in Subparagraph 4.3.5. Such controversies'or: given.The Contractor's Claim shall include an estimate of cost Claims upon which the Architect has.given notice and rendered and Of probable effect of delay On progress of the Work.In the a decision as provided.in Subparagraph 4.4A shall be subject to arbitration upon written demand..of either party; Arbitration case of a continuing delay only one Claim is necessary. may be commenced when 45 days have passed'after'a Claim 4.3.8.2 If adverse weather conditions are the basis for a Claim has been referred to the Architect as provided in.Paragraph.4.3 for additional time, such Claim shall be documented by data and no decision has been rendered. - • . AIA DOCUMENT A201 •GENERAL CONDITIONS OF.THE CONTRACT FOR.CONSTRUCTION•FOURTEENTH EDITION 12 A201=1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW-YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the 4.5.6 Claims and Timely Assertion of Claims. A.party who Owner and Contractor not resolved under.Paragraph 4.4 shall, files a notice of demand for arbitration must assert in the if subject to arbitration under Subparagraph 4.5.1,be decided demand all Claims then known to that party on which arbitra- by arbitration in accordance with the Construction Industry. tion is permitted to be demanded.When a party fails to include Arbitration Rules of the American Arbitration Association cur- a Claim through oversight, inadvertence or excusable neglect, rently in effect; unless the parties mutually agree otherwise. or when'a Claim has matured or been acquired subsequently, Notice of demand for arbitration shall be filed in writing with the arbitrator or arbitrators may permit amendment. the other party to the Agreement between the Owner and Con 4.5.7 Judgment on Final Award. The award rendered by the. tractor and with the American Arbitration Association, and a arbitrator or arbitrators shall be final, and judgment may be copy shall be filed with the Architect. . . entered upon it in accordance with applicable law in.any court 4.5.3 Contract Performance During Arbitration.During arbi- having jurisdiction thereof. , tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. . ARTICLE 5 . 4.5.4 When Arbitration May Be Derlanded.Demand for arbi • . • • tration of any Claim may not be made until the earlier of(1)the e SUBCONTRACTORS , date on which the Architect has rendered a final written deci 5.1 DEFINITIONS sign oil the Claim,(2)the tenth day after.the parties have pre- . sented evidence to the Architect or have been given reasonable 5.1.1 A Subcontractor is.a'person or entity who has a direct opportunity to do so, if the Architect has not rendered a final contract with the Contractor to perform a portion of the Work written decision by that date, or (3) any of tire,five events at the site.The term"Subcontractor"is referred to throughout described in Subparagraph 4.3.2. the Contract Documents as if singular in number and means a 4.5.4.1 When a written decision of,the Architect states that(1) Subcontractor or an authorized representative of the Subcon- 4.5.4.1 decision is final but subject to arbitration and(2)a.demand tractor. The term"Subcontractor" does not include a separate for arbitration of a Claim covered by such decision must be, contractor or subcontractors of a separate contractor. made within 30 days after the date.on which the party making 5.1.2 A Sub-subcontractor is a person or entity who has a the demand receives the final written decision, then failure to direct or indirect contract with a Subcontractor to perform a demand arbitration within said 30 days' period shall result in portion of the Work at the site.The term"Sub-subcontractor the Architect's decision becoming final and binding upon the is referred to throughout the Contract Documents as if singular Owner and Contractor.If the Architect renders a decision after in number and means a Sub-subcontractor or an authorized arbitration proceedings have been initiated,such decision may representative of the Sub-subcontractor. be entered,as evidence,.but shall not supersede arbitration pro- ceedings, unless the; decision is. acceptable to all parties 5.2 ' AWARD OF SUBCONTRACTS AND-OTHER concerned; , , „ . : CONTRACTS FOR PORTIONS OF THE WORK' •4.5.4..2 A demand for arbitration.shall be made within the e time 5.2.1 Unless otherwise stated in the Contract Documents or limits specified.in Subparagraphs 4.5.1 and 4.5.4 and. t u"se the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to 4.5.4.1 as applicable, and in other cases within a reasonable the Owner through the Architect the names of persons or end- tithe after the Claim has arisen,and in no event shall it be made ties(including those who are to furnish materials or equipment= after the date when institution of legal or equitable proceedings fabricated to a special design)proposed for each principal por- based on such Claim would be barred by the applicable statute tion of the Work.The Architect will promptly reply to the Con- of lmitafions as determined pursuant to Paragraph 13.7.. " tractor in writing stating whether or not the Owner or the 4.5.5 Limitation on Consolidation or Joinder. No arbitration Architect, after due investigation, has reasonable objection to arising out of or relating to the Contract Documents shall any such proposed person or entity.Failure of the Owner or include, by consolidation or joinder or in any other manner, Architect to reply promptly shall constitute notice of no reason- the Architect,the Architect's"employees or consultants,except able objection. by written consent•containing'specific reference to the Agree- 5.2.2 The Contractor shall not contract with a proposed per- ment and signed by the Architect, Owner, Contractor and any son or entity to'whorb.the-Owner or Architect has made rea- other person or entity sought to be joined.No arbitration shall sonable and timely objection.'The Contractor shall not be include, by consolidation or joinder or in any other manner, required to contract with anyone to whom the Contractor has parties other than the Owner,Contractor, a separate contrac- made reasonable objection.. tor as described in Article 6 'and other persons substantially involved in a common question of fact or law•whOse presence 5.2.3 If the Owner or Architect has reasonable objection to a., is required if complete relief is to be accorded in arbitration.No person or entity proposed by the Contractor, the Contractor person or entity other than the Owner,Contractor or a separate shall propose another to whom the Owner or Architect has no contractor as described in Article 6 shall be included as an orig- reasonable objection. The Contract Sum shall be increased or inal third party or additional third party to an arbitration whose decreased by the difference in cost occasioned by such change interest or responsibility is insubstantial:Consent to arbitration, and an appropriate Change Order shall be issued.However,no involving an additional person or entity shall not constitute increase in the Contract Sum shall be allowed for such change consent to arbitration of a dispute not described therein or with unless the Contractor has acted promptly and responsively in a person or entity not named or described therein. The fore- submitting names as required. going agreement to arbitrate•and other agreements to arbitrate with an additional person or entity duly consented to by parties 5.2.4 The Contractor shall not change a Subcontractor,person to the Agreement shall,be specifically enforceable under appli- or entity previously selected if the Owner or Architect makes cable law in any court having jurisdiction thereof. reasonable objection to such change. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AlA® •©1987.THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.;WASHINGTON,D.C.20006 A201-1987 13 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution: • 5.3 SUBCONTRACTUAL RELATIONS • 6.1.3 The Owner shall provide for coordination of the activi- 5.3.1 By appropriate agreement,written where legally required ties of the Owner's own forces and of each separate contractor for validity,the Contractor shall require each Subcontractor,to with the Work of the Contractor, who shall cooperate with the extent of the Work to be performed by the Subcontractor, them.The Contractor shall participate with other separate con- to be bound to the Contractor by terms of the Contract Docu tractors and the Owner in reviewing their construction sched- ments,and to assume toward the Contractor all the obligations ales when directed to do so. The Contractor shall make any and responsibilities which the Contractor, by these Docu revisions to the construction schedule and Contract Sum ments,assumes toward the Owner and Architect.-Each subcon- deemed necessary after a joint review and mutual agreement. tract agreement shall preserve and protect the rights of the The construction schedules shall then constitute the schedules Owner and Architect under the Contract Documents with to be used by the Contractor, separate contractors and the respect to the Work to be performed by the Subcontractor so Owner until subsequently revised; _ that subcontracting thereof will not prejudice such rights,and 6.1.4 Unless otherwise provided in the Contract Documents, shall allow to the Subcontractor, unless specifically provided when the Owner performs construction or operations related otherwise in the subcontract agreement, the benefit of all to the Project with the Owner's own forces,the Owner shall be rights, remedies and redress against the Contractor that the deemed to be subject to the same obligations and to Have the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each same rights which apply to the Contractor under the Condi- Subcontractor to enter into similar agreements with Sub-sub- tions of the Contract, including, without excluding others;. contractors. The Contractor shall make available to each pro those stated in Article 3, this Article 6 and Articles 10, 11 posed Subcontractor,prior to the execution of the subcontract and 12. agreement, copies of the Contract Documents to which the 6.2 MUTUAL RESPONSIBILITY ' Subcontractor will be bound,and,upon written request of the Subcontractor, identify to the Subcontractor terms and condi- 6.2.1 The Contractor shall afford the Owner and separate con- tions of the proposed subcontract agreement which may be at tractors reasonable'opportunity for introduction and storage of variance with the Contract Documents. Subcontractors shall their materials and equipment and performance of their activi- similarly make copies of applicable portions of such documents ties and shall connect and coordinate the Contractor's con- available to their.respective proposed Sub-subcontractors. struction and operations with theirs as required by the Contract 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Documents. 5.4.1 Each subcontract agreement for a portion of the Work is 6.2.2 If part of the Contractor's Work' depends for proper assigned by the Contractor to the Owner provided that: execution or results upon construction or operations by the .1 assignment is effective Only after termination of the Owner or a separate contractor, the Contractor shall,prior to Contract by the Owner for cause pursuant to Para- proceeding with that portion of the Work,'promptly report to graph 14.2 and only for those subcontract agreements the Architect apparent discrepancies or defects in'such other which the Owner accepts by notifying the Subcon- construction that would render it unsuitable for such proper tractor in writing;and execution and results. Failure of the Contractor so to report 2 assignment is subject to the prior rights of the surety, shall constitute an acknowledgment that the Owner's or sepa- if any,assignment is subject under bond relating,rights the the surety, rate contractors'completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to- 5.4.2 If the Work has been suspended for more than 30 days, defects not then reasonably discoverable. the Subcontractor's compensation shall be equitably adjusted. • 6.2.3 Costs caused by delay's or by improperly timed activities or defective construction shall be borne by the party responsi- ARTICLE 6 ble therefor. CONSTRUCTION BY OWNER 6.2.4 The Contractor shall promptly remedy damage wrong- full caused by the Contractor to completed r p ar i rn- o partially co OR BY SEPARATE CONTRACTORS fully y P v plated construction or to ro er of the Owner or separate P P tY P 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION contractors as provided in Subparagraph 10.2.5. AND TO AWARD SEPARATE CONTRACTS 6.2.5 Claims and other disputes and matters in question 6.1.1 The Owner reserves the right to perform construction or between the Contractor and a separate contractor shall be sub- operations related to the Project with the Owner's own forces, ject to the provisions of Paragraph 4.3 provided the separate and to award separate contracts in connection with other por- contractor has reciprocal Obligations. tions of the Project or other construction or Operations on the P site under Conditions of the Contract identical or substantially 6.2.6 The Owner and each separate contractor shall have the similar to these including those portions related to insurance same responsibilities for cutting and patching as are described and waiver of subrogation. If the Contractor claims that delay for the Contractor in Paragraph 3.14. or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided else- 6.3 OWNER'S RIGHT TO CLEAN UP where in the Contract Documents. 6.3.1 If a dispute arises among the Contractor, separate con- 6.1.2 When separate contracts are awarded for different por- tractors and the Owner as to the responsibility under their tions of the Project or other construction or operations on the respective contracts for maintaining the premises and surround- site,the term"Contractor"in the Contract Documents in each ing area free from waste materials and rubbish as described in case shall mean the Contractor who executes each separate Paragraph 3.15,the Ownermay clean up and allocate the cost Owner-Contractor Agreement. among those responsible as the Architect determines to be just. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 14 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 7 .3 cost to be determined in a manner.agreed upon by • • the parties and a mutually acceptable fixed or percent- CHANGES IN THE WORK age fee; or .4 as provided in Subparagraph 7.3.6. 7.1 CHANGES 7.3.4 Upon receipt of a Construction Change Directive, the 7.1.1 Changes in the Work may be accomplished after execu- Contractor shall promptly proceed with the change in the tion of the Contract,and without invalidating the Contract,by Work involved and advise the Architect of the Contractor's Change Order, Construction Change Directive or order for a agreement or disagreement with the method,if any,provided minor change in the Work, subject to the limitations stated in in the Construction Change Directive for determining the pro- this Article 7 and elsewhere in the Contract Documents. posed adjustment in the Contract Sum or Contract Time. • 7.1.2 A Change Order shall be based upon agreement among 7.3.5 A Construction Change Directive signed by the Contrac- .theOwner, Contractor and Architect; a Construction Change tor indicates the agreement of the`Contractor therewith,includ- Directive requires agreement by the Owner and Architect and ing adjustment in Contract Sum and Contract Time or the may or may•not be agreed to by the Contractor;an order for a method for determining them. Such agreement shall be effec- minor change in the Work may be issued by the Architect tive immediately and shall be recorded as a Change Order. alone. 7.3.6 If the Contractor does not respond promptly or disagrees 7.1.3 Changes in the Work shall be performed under appli- with the method for adjustment in the Contract Sum, the cable provisions of the Contract Documents,and the Contrac- method and the adjustment shall be determined by the Archi- tor shall proceed promptly, unless otherwise provided in the tect on the basis of reasonable expenditures and savings of Change Order; Construction Change Directive or order for a those performing the Work attributable to the change, iuclud- minor change in the Work. ing, in case of an increase in the Contract Sum, a reasonable 7.1.4 If unit prices are stated in the Contract Documents or allowance for overhead and profit.In such case,and also under subsequently agreed upon, and if quantities originally con- Clause 7.3.3.3, the Contractor shall,keep and present, in such templated are so changed in a proposed Change Order or Con- form as the Architect may prescribe, an itemized accounting I together ether with appropriate su ortin data. Unless otherwise struction Change Directive that a lication of such unit rites g supporting g PP P r vided in the ntract Documents costs for the purposes of o Co to quantities of Work proposed will cause substantial inequity P P � q P P this Subparagraph 7.3.6 shall be limited to the following: to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. .1 costs of labor, including social security, old age and 7.2 CHANGE ORDERS unemployment insurance,fringe benefits required by agreement or custom, and workers' or workmen's 7.2.1 A Change Order is a written instrument prepared by the compensation insurance; Architect and signed by the Owner, Contractor and Architect, .2 costs of materials, supplies and equipment, includ- stating their agreement upon all of the following: ing cost of transportation, whether incorporated or .1 a change in the Work; consumed; .2 the amount of the adjustment in the Contract Sum,if .3 rental costs of machinery and equipment,exclusive of .any;and hand tools, whether rented from the Contractor or .3;the extent of the adjustment in the Contract Time,if others; any. - .. .4 costs of premiums for all bonds and insurance,permit • • fees, and sales, use or similar taxes related to the 7.2.2 Methods used in determining adjustments to the Contract Work; and Sum may include those listed in Subparagraph 7.3.3. .5 additional costs of supervision and field office person- 7.3 CONSTRUCTION CHANGE DIRECTIVES nel directly attributable to the change. 7.3.1 A Construction Change Directive is a written order pre 7.3.7 Pending final determination of cost to the Owner, pared by the Architect and signed by the Owner and Architect, amounts not in may dispute be included in Applications for P Y directing a change in the Work and stating a proposed basis for Payment. The amount of credit to be allowed by the Contrac adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, tor to the Owner fora deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- without invalidating the Contract, order changes in the Work firmed by the Architect. When both additions and credits within the general scope of the Contract consisting of addi covering related Work or substitutions are involved in a Lions, deletions or other revisions,the Contract Sum and Con- tract Time being adjusted accordingly. change., the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. 7.3.2 A Construction Change Directive shall be used in the 7.3.8 If the Owner and Contractor do not agree with the absence of total agreement on the terms of a Change Order. adjustment in Contract Time or the method for determining it, 7.3.3 If the Construction Change Directive provides for an the adjustment or the method shall be referred to the Architect adjustment to the Contract Sum,the adjustment shall be based for determination, on one of the following methods: 7.3.9 When the Owner and Contractor agree with the deter- f. , .1 mutual acceptance of a lump sum properly itemized mination made by the Architect concerning the adjustments in and supported by sufficient substantiating data to per- the Contract Sum and Contract Time,or otherwise reach agree- mit evaluation ment upon the adjustments, such agreement shall be effective .2 unit prices stated in the Contract Documents or sub- immediately and shall be recorded by preparation and execu- sequently agreed upon; tion of an appropriate Change Order. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 15 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 7.4 MINOR CHANGES IN THE WORK . ARTICLE 9 7.4.1 The Architect will have authority to order minor changes PAYMENTS AND COMPLETION in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the 9,1 CONTRACT SUM intent of the Contract Documents. Such changes shall be 9.1.1 The Contract Sum is stated in the Agreement arid,includ- effected by written order and shall be binding on the Owner ing authorized adjustments,is the total amount payable by the and Contractor. The Contractor shall carry out such written Owner to the Contractor for performance of the Work under orders promptly. the Contract Documents. . . ARTICLE 8 9.2 SCHEDULE OF VALUES. •. 9.2.1 Before the first Application n for Payment, the Contractor ' • ' TIME shall submit to the Architect a schedule of values allocated to • various portions of the Work,prepared in such form and sup- 8.1 DEFINITIONS ported by such data to substantiate its accuracy as the Architect 8.1.1 Unless otherwise provided, Contract Time is the period may require.This schedule,unless objected to by the Architect, of time,including authorized adjustments,allotted iri the Con- shall be used as a basis"for reviewing the Contracto'r's Applica- tract Documents for Substantial Completion of the Work. • dons for Payment. 8.1.2 The date of commencement of the Work is the date 9.3 APPLICATIONS FOR PAYMENT established in the Agreement.The date shall not be postponed 9.3.1 At least ten days before the date established for.each by the failure to act of the Contractor or of persons or entities progress payment, the Contractor shall to the Architect. s for whom the,Contractor is responsible. an itemized Application for Paymerit.for,operations completed in accordance with the schedule of values. Such application 8.1.3 The date of Substantial Completion is the date certified shall be notarized, if required, and supported by such data by the Architect in accordance with Paragraph 9.8. substantiating the Contractor's right to.payment as the Owner 8.1.4 The term"day"as used in the.Contract Documents shall or Architect may require, such as copies of requisitions from mean calendar day unless otherwise specifically.defined. Subcontractors and material suppliers,and reflecting retainage if provided for elsewhere in the Contract Documents. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the 9.3.1.1 Such applications may include requests for payment on essence of the Contract.By executing the Agreement the Con account of changes in the Work which have been properly tractor confirms that the Contract Time is a reasonable period authorized by Construction Change Directives but:not yet for erformin g the Work. included in Change Orders. P 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such. applications may not include requests for pay ment or instruction of the Owner in writing,prematurely corn- , Subcontractor ment of amounts the Contractor does not intend to pay to a mence operations on the site or elsewhere prior to the effective or material supplier,because of a dispute or other date of insurance required by Article 11 to be furnished by the reason. . Contractor:The date of commencement of the Work shall not 9.3.2 Unless otherwise provided in the Contract Documents, be changed by the effective date of such insurance. Unless the payments shall be made on account of materials and equipment date of commencement is,established by a notice to proceed delivered and suitably stored at the site for subsequent incor- given by the'Owner, the Contractor shall notify the Owner in poration in the Work. If approved in advance by the Owner,_ writing not less than five days or other agreed period before payment may similarly.be made'for materials and equipment it the timely commencing the Work to perme y filing of mortgages, suitably stored off the site at a location agreed upon in writing. mechanic's liens and other security interests. Payment for materials and equipment stored on.,or off the site n' m Hance by the Contractor with conditioned u o co shall be p P Y 8.2.3 The Contractor shall proceed expeditiously with ade- es satisfacto to the Owner to establish the Owner's rocedur ry quate forces and shall achieve Substantial Completion within title to such materials and equipment or otherwise protect the the Contract:Time. Owner's interest, and shall include applicable insurance, 8.3 DELAYS AND EXTENSIONS OF TIME storage and transportation to the site for such materials and 8.3.1 If the Contractor is delayed at any time in progress of the equipment stored off the site. ' Work by an act or neglect of the Owner or Architect,or of an 9.3.3 The Contractor warrants that,title to all Work covered by employee of either, or of a separate contractor employed by an Application for Payment will pass to the Owner no later than es ordered in the Work, or by labor The ontractor further warrants that the Owner, or b changes , Y the time of payment. T C to Y g PY disputes,fire,unusual delay in deliveries,unavoidable casualties upon submittal of an Application for Payment all Work for or other causes beyond the Contractor's control, or by delay which Certificates for.Payment have been previously issued authorized by the Owner pending arbitration, or by other and payments received from the Owner shall;to the best of the causes which the Architect determines may justify delay, then Contractor's knowledge, information and belief, be free and the Contract Time shall be extended by Change Order for such clear of liens, claims, security interests or encumbrances in reasonable time as the Architect may determine. favor of the Contractor, Subcontractors, material suppliers, or 8.3.2 Claims relating to time shall be made in accordance with other persons or entities making a claim by reason of having applicable provisions of Paragraph 4.3. ' ' provided labor,materials and equipment relating to the Work. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages 9.4 CERTIFICATES FOR PAYMENT • ages for delay by either party under other provisions of the 9.4.1 The Architect will,within seven days after receipt of the Contract Documents. Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH..EDITION 16 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution: i Owner a Certificate for Payment,wih a copy to the Contrac- 9.5.2 When the above reasons for withholding certification are tor, for such amount as the Architect determines is properly removed, certification will be made for amounts previously due, of notify the Contractor and Owner in writing of the withheld. • Architect's reasons for withholding certification in whole or in 9.6 PROGRESS PAYMENTS part as provided in Subparagraph 9.5.1, 9.6.1 After the Architect has issued a Certificate for Payment, • 9.4.2 The issuance of a Certificate for Payment will constitute a the Owner shall make payment in the manner and within the representation by the Architect to the Owner, based on the time provided in the Contract Documents,and shall so notify Architect's observations at the site and the data comprising the the Architect.. Application for Payment,that the Work has progressed to the 9.6.2 The Contractor shall promptly pay each Subcontractor, point indicated and that, to the best of the Architect's knowl- upon receipt of payment from the Owner, out of the amount edge, information and belief, quality of the Work is in accor- paid to the Contractor on account of such Subcontractor's pOr- dance with the Contract Documents.The foregoing representa- tion of the Work, the amount'to which said Subcontractor is tions are subject to an evaluation of the Work for conformance entitled,reflecting percentages actually retained from payments with the Contract Documents upon Substantial Completion,to to the Contractor on'account of such Subcontractor's portion results of subsequent tests and inspections,to minor deviations of the Work. The Contractor shall, by appropriate agreement from the Contract Documents correctable prior to completion with each Subcontractor, require each Subcontractor to make and to specific qualifications expressed by the Architect..The payments to Sub-subcontractors in similar manner. issuance of a.Certificate.for Payment will further constitute a representation that the Contractor is.entitled to payment in the 9.6.3 The Architect will, on request, furnish to a Subcontrac- amount certified.However,the issuance of a Certificate for Pay- tor, if practicable, information regarding percentages of com- ment will not be a representation that.the Architect has (1) pletion or amounts applied for by the Contractor and action made exhaustive or continuous on-site inspections to check the taken thereon by the Architect and Owner on account of por- quality or quantity of the Work, (2) reviewed construction tions of the Work done by such Subcontractor., means, methods, techniques; sequences or procedures, (3) 9.6.4 Neither the Owner nor Architect shall have an obligation reviewed copies of requisitions received from Subcontractors to pay or to see to the payment of money to a 5ubcoritractor and material suppliers and other data requested by the Owner except as may other*ise be required by law. to substantiate the Contractor''s right to.payment or(4)made examination to ascertain how,or for what purpose the Contrac- 9.6.5 Payment to material suppliers shall be.treated in a manner tor has used money previously paicion account of the Contract similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.64. Sum. 9.6.6 A Certificate for Payment,a progress payment,or partial• • 9.5 DECISIONS TO WITHHOLD CERTIFICATION. . or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the • 9.5.1.The'Fir' chitect may decide not to certify payment and Contract Documents.• may withhold a Certificate for Payment in whole or in part,to g 7 FAILURE OF PAYMENT the extent reasonably necessary to,protect_the,Owner,if in the Architect's opinion the representations to the Owner required 9'•7.1 If the Architect does not issue a Certificate for Payment, by Subparagraph 9.4.2 cannot be made. If the Architect is through no fault of the Contractor, within seven days after unable to certify payment in the amount of the Application,the receipt of the Contractor's Application for Payment, or if the Architect will notify the Contractor and Owner as provided in Owner does not pay the Contractor within seven days after the Subparagraph 9.4.1. If the Contractor and Architect cannot date established in the Contract Documents the amount cer agree on a revised amount, the Architect will promptly issue a titled by the Architect or awarded by arbitration,then the Con Certificate for Payrnerit for the amount for which the Architect tractor may,upon seven additional days'written notice to the is able to make such'representations to"the Owner.The Archi Owner and Architect, stop the Work until payment of the tect may'also decide not to certify payment or, because of amount'owing has been received. The Contract Time shall be subsequently discovered evidence or subsequent observations, extended •appropriately and the Contract Sum shall be may nullify the whole or a part of a Certificate for Payment increased by the amount of the Contractor's reasonable costs of previously issued, to such extent as may be necessary in the shut-down, delay and start-up,which shall be accomplished as Architect's opinion to protect the Owner from loss because of: provided in Article 7. • 9.8 SUBSTANTIAL COMPLETION .1 defective Work not remedied; • 9.8.1 Substantial Completion is the stage in the progress of the .2 third party claims filed or reasonable evidence indicat- Work when the Work or designated portion thereof is suffi- ing probable filing of such claims; ciently complete in accordance with the Contract Documents .3 faiiure of the Contractor to make payments prop- so the Owner can occupy or utilize the Work for its intended erly to Subcontractors or for labor, materials or use. equipment; . 4 reasonable evidence that the.Work cannot be com- 9.8.2 When the Contractor considers that the Work, or a por- pleted for the unpaid balance of the Contract Sum; tion thereof which the Owner agrees to accept separately, is substantially complete,the Contractor shall prepare and submit .5 damage to the Owner or another contractor; to the Architect a comprehensive list of items to be completed .6 reasonable evidence that the Work will not be com- or corrected. The Contractor shall proceed promptly to com- pleted within the Contract Time,and that the unpaid plete and correct items on the list.Failure to include an item on balance would not be adequate to cover actual or such list does not alter the responsibility of the Contractor to liquidated damages for the anticipated delay; or : complete all Work in accordance with the Contract Docil- .7 persistent failure to carry out the Work in accordance ments. Upon receipt of the Contractor's list, the Architect will with the Contract Documents. make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION . AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON',D.C.20006 A201 A 987 17 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. nated portion thereof is substantially complete. If the such inspection and,when the Architect finds the Work accept- Architect's inspection discloses any item, whether or not able under the Contract Documents and the Contract fully per- included on the Contractor's list, which is not in accordance formed,the Architect will promptly issue a final Certificate for with the requirements of the Contract Documents,the Contrac- Payment stating that to the best of the Architect's knowledge, tor shall,before issuance of the Certificate of Substantial Coin- information and belief, and on the basis of the Architect's pletion,complete or correct such item upon notification by the observations and inspections,the Work has been completed in Architect. The Contractor shall then submit a request for accordance with terms and conditions of the Contract.Docu- another inspection by the Architect to determine Substantial ments and that the entire balance found to be due the Contrac- Completion. When the Work or designated portion thereof is • tor and noted in said final Certificate is due and payable. The substantially complete, the Architect will prepare a Certificate Architect's final Certificate for Payment will constitute a further of Substantial Completion which shall establish the date of Sub- representation that conditions listed in Subparagraph 9.10.2 as stantial Completion, shall establish responsibilities of the precedent to the Contractor's being entitled to final payment Owner and Contractor for security,maintenance,heat,utilities, have been fulfilled. damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list 9.10.2 Neither final payment nor any remaining retained accompanying the Certificate.Warranties required by the Con- percentage shall become due until the Contractor submits to tract Documents shall commence on the date of Substantial the Architect(1)an affidavit that payrolls,bills for inaterials and Completion of the Work or designated portion thereof unless equipment,and other indebtedness connected with the Work otherwise provided in the Certificate of Substantial Comple- for which the Owner or the Owner's property might be tion. The Certificate of Substantial Completion shall be sub- responsible or encumbered(less arriountS withheld by Owner) mitted to the Owner and Contractor for their written accep- have been paid or otherwise satisfied, (2)a certificate evidenc- tance of responsibilities assigned to them in such Certificate. ing that insurance required by the Contract Documents to 9.8.3 Upon Substantial Completion of the Work or designated remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' portion thereof and upon application by the Contractor and prior written notice has been given to the Owner,(3)a written certification by the Architect, the Owner shall make payment, statement that the Contractor knows of no substantial reason reflecting adjustment in retainage,if any,for such Work or por- that the insurance will not be renewable to cover the period tion thereof as provided in the Contract Documents. required by the Contract Documents, (4)consent of surety,if 9.9 PARTIAL OCCUPANCY OR USE any, to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations;such as 9.9.1 The Owner may occupy or use any completed or par- receipts,releases and waivers of liens,claims,security interests tially completed portion of the Work at any stage when such or encumbrances arising out of the Contract,to the extent and portion is designated by separate agreement with the Contrac- in such form as may be designated by the Owner.If a Subcon- tor, provided such occupancy or use is consented to by the tractor refuses to furnish a release or waiver required,by the insurer as required under Subparagraph 11.3.11 and authorized Owner, the Contractor may furnish a bond satisfactory to the by public authorities having jurisdiction over the Work. Such Owner to indemnify the Owner against such lien. If such lien partial occupancy or use may commence whether or not the remains unsatisfied after payments are made, the Contractor portion is substantially complete, provided the Owner and shall refund to the Owner all money that the Owner may be Contractor have accepted in writing the responsibilities compelled to pay in discharging such lien, including all costs assigned to each of them for payments, retainage if any,secu- and reasonable attorneys' fees. rity,maintenance,heat,utilities,damage to the Work and insur- ance,and have agreed in writing concerning the period for cor- 9.10.3 If,after Substantial Completion of the Work,final com- rection of the Work and commencement of warranties pletion thereof is materially delayed through no fault of the required by the Contract Documents. When the Contractor Contractor or by issuance of Change Orders affecting final considers a portion substantially complete,the Contractor shall completion, and the Architect so confirms, the Owner shall, prepare and submit a list to the Architect as provided under upon application by the Contractor and certification by the Subparagraph 9.8.2.Consent of the Contractor to partial occu- Architect,and without terminating the Contract,make payment pancy or use shall not be unreasonably withheld.The stage of of the balance due for that portion of the Work fully completed the progress of the Work shall be determined by written agree- and accepted.If the remaining balance for Work not fully com- ment between the Owner and Contractor or,if no agreement is pleted or corrected is less than retainage stipulated in the Con- reached,by decision of the Architect. tract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that por- 9.9.2 Immediately prior to such partial occupancy or use, the tion of the Work fully completed and accepted shall be submit- Owner, Contractor and Architect shall jointly inspect the area ted by the Contractor to the Architect prior to certification of to be occupied or portion of the Work to be used in order to such payment. Such payment shall be made under terms and determine and record the condition of the Work. conditions governing final payment, except that it shall not constitute a waiver of claims.The making of final payment shall 9.9.3 Unless otherwise agreed upon,partial occupancy or use constitute a waiver of claims by the Owner as provided in Sub- of a portion or portions of the Work shall not constitute accep- paragraph 4.3.5. tance of Work not complying with the requirements of the Contract Documents. 9.10.4 Acceptance of final payment by the Contractor, a Sub- 9.10 FINAL COMPLETION AND FINAL PAYMENT contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing 9.10.1 Upon receipt of written notice that the Work is ready . and identified by that payee as unsettled at the time of final for final inspection and acceptance and upon receipt of a final Application for Payment. Such waivers shall be in addition to Application for Payment, the Architect will promptly make the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 18 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 10 10.2.2 The Contractor shall give notices and comply with • • applicable laws,ordinances,rules,regulations and lawful orders PROTECTION OF PERSONS AND PROPERTY of public authorities bearing on safety of persons or property or 10.1 SAFETY PRECAUTIONS AND PROGRAMS their protection from damage,injury or loss. 10.1.1 The Contractor shall be responsible for initiating,main- 10.2.3 The Contractor shall erect and maintain,as required by taining and supervising all safety precautions and programs in existing conditions and performance of the Contract, reason connection with the performance of the Contract, able safeguards for safety and protection, including posting danger signs and other warnings against hazards,promulgating 10.1.2 In the.event the Contractor-encounters on the site safety regulations and notifying owners and users of adjacent material reasonably_believed to be asbestos or polychlorinated sites and utilities. biphenyl (PCB) which has not been rendered harmless, the 10.2.4 When use or storage of explosives or other hazardous Contractor shall immediately stop Work in the area affected materials or equipment or unusual methods.are necessary for and report the condition to the Owner and Architect in writing. execution of the Work, the Contractor shall exercise utmost The Work in the affected area shall not thereafter be resumed care and carry on such activities under supervision of properly except by written agreement of the Owner and Contractor if in qualified personnel. fact the material is asbestos or polychlorinated biphenyl(PCB) and has not been rendered harmless.The Work in the affected 10.2.5 The Contractor shall promptly remedy damage and loss area shall be resumed in the absence of asbestos or polychlori- (other than damage or loss insured under property insurance nated biphenyl(PCB),or when it has been rendered harmless, required by the Contract Documents)to property referred to in by written agreement of the Owner and Contractor, or in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the accordance with final determination by the Architect on which Contractor, a Subcontractor, a Sub-subcontractor, or anyone arbitration has not been demanded, or by arbitration under directly or indirectly employed by any of them,or by anyone Article 4. _ for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except 10.1.3 The Contractor shall not be required pursuant to Article damage or loss attributable to acts or omissions of the Owner 7 to perform without consent any Work relating to asbestos or or Architect or anyone directly or indirectly employed by polychlorinated biphenyl(PCB). , either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the 10.1.4 To the fullest extent permitted by law,the Owner shall Contractor. The foregoing obligations of the Contractor are in indemnify and hold harmless the Contractor,Architect,Archi- addition to the Contractor's obligations under Paragraph 3.18. tect's consultants and agents and employees of any of them from and against claims, damages,losses and expenses,includ 10.2.6 The'Contractor shall designate a responsible member of ing but not limited to attorneys'fees,arising out of or resulting the Contractor's'organization at the site whose duty shall be the from performance of the Work in the affected area if in fact the prevention of accidents. This person shall be the Contractor's material is asbestos or polychlorinated biphenyl(PCB)and has superintendent unless otherwise designated by the Contractor not been rendered harmless,provided that such claim,damage, in writing to the Owner and Architect. loss or expense is attributable to bodily injury,sickness,disease 10.2.7 The Contractor shall not load or permit any part of the or death, or to injury to or destruction of tangible property construction or site to be loaded so as to endanger its safety. (other than the Work itself) including loss of use resulting therefrom,but only to the extent caused in whole or in part by 10.3 EMERGENCIES'' negligent acts or omissions of the Owner, anyone directly or 10.3.1 In an emergency affecting safety of persons or property, indirectly employed by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre- the Owner may be liable, regardless of whether or not such vent threatened damage, injury or loss. Additional compensa- claim, damage, loss or expense is caused in part by a party don or extension of time claimed by the Contractor on account indemnified hereunder,Such obligation shall not be construed of an emergency shall be determined as provided in Paragraph to negate, abridge,or reduce other rights or obligations of 4.3 and Article 7. indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY INSURANCE AND BONDS 10.2.1 The Contractor shall take reasonable precautions for 11.1 CONTRACTOR'S LIABILITY INSURANCE safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in .1 employees on the Work and other persons who may the jurisdiction in which the Project is located such insurance as be affected thereby; will protect the Contractor from claims set forth below which .2 the Work and materials and equipment to be incorpo- may arise out of or result from the Contractor's operations rated therein, whether in storage on or off the site, under the Contract and for which the Contractor may be legally under care, custody or control of the Contractor or liable, whether such operations be by the Contractor or by.a the Contractor's Subcontractors or Sub-subcontrac- Subcontractor or by anyone directly or indirectly employed by tors;and any of them,or by anyone for whose acts any of them may be .3 other property at the site or adjacent thereto,such as liable: trees, shrubs, lawns, walks, pavements, roadways, .1 claims under workers' or workmen's compensation, structures and utilities not designated for removal,relo- disability benefit and other similar employee benefit acts cation or replacement in the course of construction. which are applicable to the Work to be performed; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 19 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. .2 claims for damages because of bodily injury,occupa other than the Owner has an insurable interest in the property tional sickness or disease,or death of the Contractor's required by this Paragraph 11.3 to be covered, whichever is employees; • earlier.:This insurance.shall include interests of the Owner,the .3 claims for damages because of bodily injury,sickness Contractor, Subcontractors and Sub-subcontractors in, the or disease,or death of any person other than the Con- Work. tractor's employees; 11.3.1.1 Property insurance shall be on an all-risk policy form .4 claims for damages insured by usual personal injury and shall insure against the perils of fire and extended coverage liability coverage which are sustained(1)by a person and physical loss or damage including, without duplication of as a result of an offense directly or indirectly related to coverage, theft, vandalism, malicious mischief, collapse, false- employment of such person by the Contractor,or(2) work, temporary buildings and debris removal including by another person; demolition occasioned by enforcement of any applicable legal .5 claims for damages, other than to the Work'itself, requirements, and shall cover reasonable compensation for • because of injury to or destruction of tangible prop Architect's services and expenses required as a result of such erty,including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. .6 claims for damages because of bodily injury,death of " a person or property damage arising out of owner- 11.3.1.2 If the Owner does not intend to purchase such-prop- ship, maintenance or use of a motor vehicle; and erty insurance required by the Contract and with•all of the .7 claims involving contractual liability insurance appli- coverages in the amount described above,the Owner shall so cable to the Contractor's obligations under Paragraph inform the Contractor in writing prior to.commencement of . . 3.18. the Work.The Contractor may then effect insurance which will protect the interests of the Contractor,Subcontractors and Sub- 11.1.2 The insurance required by Subparagraph,11.1.1 shall be subcontractors in the Work,and by appropriate,Change Order written for not less than limits of liability specified in the Con- the cost thereof shall be charged to the Owner.If the Contrac- tract Documents or required by law, whichever coverage is tor is damaged by the failure or neglect of the Owner to pur- greater. Coverages, whether written on an occurrence or chase or maintain insurance as described above, without so claims-made basis,;shall be maintained without interruption notifying the Contractor,then the Owner shall bear all reason- from date of commencement of the Work until date of final able costs properly attributable thereto. payment and termination of any coverage required to be main- tained after final payment. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are'identified in the Contract Docu- 11.1.3 Certificates of Insurance acceptable to the Owner shall 'tents, the Contractor shall pay costs not covered because of be filed with the Owner prior to commencement of the Work. such deductibles.If the Owner or insurer increases the required These Certificates and the insurance policies required by this minimum deductibles above the amounts so identified or if the Paragraph 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary dediic- afforded under the policies will not be cancelled or allowed to tible amounts,the Owner shall be responsible for payment Of expire until at least 30 days'prior written notice has been given the additional costs not covered because of such increased or to the Owner. If any of the foregoing insurance coverages are voluntary deductibles. If deductibles are not identified in the required to remain in force after final payment and are reason- Contract Documents, the Owner shall pay costs not covered ably available,an additional certificate evidencing continuation because of deductibles. . of such coverage shall be submitted with the:final Application 11.34.4 Unless otherwise provided in the. Contract Docu- for Payment as required by Subparagraph,9.10.2. Information meats,this property insurance shall cover portions of the Work concerning reduction of coverage shall'be'furnished by the stored off the site after written approval of the Owner at the Contractor with reasonable promptness Sri accordance with.the value established in the approval,and also portions of the.Work Contractor's information and belief. in transit.) 11:2 OWNER'S LIABILITY INSURANCE 11`.3.2 Boiler and Machinery Insurance: The Owner shall 11.2.1 The Owner shall be responsible for purchasing and purchase and maintain boiler and machinery insurance maintaining the Owner's usual liability insurance. Optionally, required by the Contract Documents or by law, which shall the Owner may purchase and maintain other insurance for self- specifically cover such insured objects during installation and protection against claims which may arise from operations until final acceptance by the Owner;this insurance shall include under the Contract. The Contractor shall not be responsible interests of the Owner, Contractor, Subcontractors and Sub- for purchasing and maintaining this optiohal Owner's liability subcontraictors in the Work, and the Owner and Contractor insurance unless 'specifically required by the Contract shall be named insureds. Documents. • i . 11.3.3 Loss of Use Insurance. The Owner, at the Owner's 11.3 PROPERTY INSURANCE • option, may purchase and maintain such insurance as will • 11.3.1 Unless otherwise provided, the Owner shall purchase insure the Owner against loss of use of the Owner's property and maintain, in a company or companies lawfully authorized due to fire or other hazards, however caused. The Owner to do business in the jurisdiction in which the Project is waives all rights of action against the Contractor for loss of use located, property insurance in the amount of the initial Con- of the Owner's property,including consequential losses due to tract Sum as well as subsequent modifications thereto for the fire or other hazards however caused. entire Work at the site on a replacement cost basis without vol- 11.3A If the Contractor requests in writing that insurance for untary deductibles. Such property insurance shall be main- risks other than those described herein or for other special haz- tained, unless otherwise provided in the Contract Documents ards be included in the property insurance policy, the Owner or otherwise agreed in writing by all persons and entities who shall, if possible, include such insurance, and the cost thereof are beneficiaries of such insurance,until final payment has been shall be charged to the Contractor by appropriate Change made as provided in Paragraph 9.10 or until no person or entity Order. . • AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 20 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735.NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.3.5 If during the Project.construction period the Owner 11,3.10 The Owner as fiduciary shall have power to adjust and insures properties, real or personal or both, adjoining or adja- settle a loss with insurers unless one of the parties in interest cent to the site by.property insurance under policies separate shall object in writing within five days after,occurre_nce.of loss- from those insuring the Project'or if after fmal payment prop- to the Owner's exercise of this power; if such objection,be erty insurance is to be provided on the.:completed Project made,arbitrators shall be chosen as provided in Paragraph 4.5. through a policy or policies other than those insuring the Proj- The Owner as fiduciary shall,in that.case;make.settlement with ect during the`construction period; the Owner shall waive all insurers in accordance with directions of such arbitrators. If rights in accordance with the terms of Subparagraph 11.3.7 for distribution of insurance proceeds by arbitration is required, damages caused by fire or other perils covered by this separate the arbitrators will direct such distribution.• , • - properry insurance. All separate policies shall provide this 11.3.1 Partial occupancy or use in accordance with Paragraph waiver of subrogation by endorsement,or otherwise. 9.9 shall not commence until the insurance company or corn- 1,1.3.6 Before an exposure to loss may occur,the Owner shall paries providing property insurance have consented to such file with the Contractor a copy of each policy that includes partial occupancy or use by endorsement or otherwise. The insurance coverages required. by. this Paragraph, 11.3. Each Owner and the Contractor shalltake-reasonable steps to obtain olic shall contain all enerall a hcalile coriditiotls, defini- consent of the insurance company or companies and shall, ti y " generally PP without mutual written consent,take no action with respect to dons,exclusions and endorsements related to this Project.Each partial occupancy or use that would cause cancellation,lapse or Policy,shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days'prior writ-. reduction of insurance. ten notice has been given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND.. 11.4.1 The Owner shall have the right to require the Contrac- 11.3.7 Waivers of Subrogation. The Owner and Contractor tot to furnish bonds covering faithful perfortnance'of the Con- waive all rights against(1)each other.and any of,their subcon tract and payment of obligations.arising thereurider.asstipu- tractors,sub-subcontractors,agents and.employees;:each of the •.. r - lated•in bidding requirements or•specifically required in the other, and (2) the Architect, Architect's consultants,..separate Contract Documents'on the date'of execution of the Contract. contractors described in Article 6,if any,.and any of their.sub- •• .. . contractors; .sub-subcontractors; agents and employees, for 11.4.2.Upon the request of any person or entity appearing to damages caused by fire or other perils to the extent covered by be a potential beneficiary,.of bonds covering payment of obliga- property insurance obtained pursuant to this Paragraph 11.3 or tions arising under the.Contract,the Contractor shall promptly other property insurance applicable'to'the Work,'except such furnish a copy of the bonds or shall permit a.copy to be made. rights as they have to proceeds of such insurance held by the . • • . • . Owner as fiduciary. The Owner or Contractor,as appropriate,} . . • shall require of the Architect, Architect's consultants, separate . ' . ' ARTICLE 12 . • - . contractors described-in Article 6, if any, and the subcontrac- . . . • tors,sub-subcontractors,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agreements, written where legally required_for • i 12.1 UNCOVERING OF WORK validity, similar.waivers each in favor of other parties erium - . crated herein.The'policies shall provide such waivers of subro- 12.1.1 If a portion of the Work is covered contrary to the gation by endorsement or otherwise.A waiver of subrogation Architect's request or to requirements specifically expressed in shall be effective as to a person or entity even though that per- the Contract Documents, it must,if required in writing by the• son or entity would otherwise have a duty of indemnification, Architect,be uncovered for the Architect's observation and be contractual or otherwise, did not pay the insurance premium replaced at the Contractor's expense without change in'the • directly or indirectly,and whether or riot the person Or entity Contract Tune. •, , had an insurable interest in the property damaged. • ' 12.1:2 If a portion of the Work,has been covered which the. 11.3.8 A loss insured under Owner's property insurance shall Architect has not specifically requested to observe prior to-its be adjusted:by the Owner as fiduciary and made payable to the being covered,the Architect may request to see such•Work and Owner as fiduciary for the insureds, as their interests may it shall be uncovered by the Contractor. If such Work is in appear, subject to requireme its of any applicable mortgagee accordance with the Contract Documents;'costs of uncover= clause and'of Subparagraph 11.3.10. The Contractor shall pay ing.and replacement shall, by appropriate.Change Order, be Subcontractors their just shares of insurance proceeds received charged to the Owner..If such Work is not in accordance with ments, written the Contract Documents, the Contractor shall pay such costs by the Contractor, and by appropriate agree where legally required for shall require Subcontractors unless the condition was caused by the Owner or a separate to make payments to their 'Sub subcontractors in similar contractor in which event the Owner shall be responsible for manner. • payment of such costs. , 12.2 CORRECTION OF WORK 11.3.9 If required in writing by a party in interest, the Owner 12.2.1 The Contractor shall promptly correct Work rejected as fiduciary shall, upon occurrence of an insured loss, give by the Architect or failing to conform to the requirements of bond for proper performance of the Owner's duties.The cost the Contract Documents, whether observed before or after of required bonds shall be charged against proceeds received as Substantial Completion and whether or not fabricated,installed fiduciary. The Owner shall deposit in a separate account pro- or completed. The Contractor shall bear costs of correcting ceeds so received, which the;Owner shall distribute in accor- such rejected Work, including additional testing and irispec- dance with such agreement as the parties in interest may reach; tibns and compensation for the Architect's services and or in accordance with an arbitration award in which case the expenses made necessary'thereby. ' procedure shall be as provided in Paragraph 4.5. If after such , . loss no other special agreement is made, replacement of dam- 12.2.2 If,within one year after the date of Substantial Comple- aged property shall be covered by appropriate Change Order. don of the Work or designated portion thereof,or after the date • MA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N•W.,WASHINGTON,D.C.20006 A201-1987 2.1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. for commencement of warranties established under Sub- •- -- ARTICLE 13' • paragraph 9.9.1,Or by terms of an applicable special warranty • required by the Contract Documents;any of the Work is found MISCELLANEOUS PROVISIONS . to be not in accordance with the requirements of the Contract J Documents, the Contractor shall correct it promptly after 13.1 GOVERNING LAW receipt of written notice from the Owner to do so unless the 13.1.1 The Contract shall be.governed by the law of the place Owner has previously given the Contractor a written accep- where the Project is located., tance of such condition. This period of one year shall be • extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS - . Substantial Completion by the period of time between Substan- 13.2.1 The Owner and Contractor respectively bind them- tial Completion and the actual performance of the Work.This selves, their partners, successors, assigns and legal representa- obligation under this Subparagraph 12.2.2,shall,survive accep- to the. other party hereto and to partners, successors, lance of the Work under the Contract and termination of the assigns and legal representatives of such other party in respect Contract.The Owner shall give such notice promptly after dis- to covenants,agreements and obligations contained in the Con- covery of the condition. tract Documents.Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If 12.2.3 The Contractor shall remove from the site portions of either party attempts to make such an assignment without such the Work which are not in accordance with the requirements consent,that party shall nevertheless remain legally responsible of the Contract Documents and are neither corrected by the for all obligations under the Contract. Contractor nor accepted by the Owner: 12.2.4 If the Contractor fails to correct nonconforming Work 13.3 WRITTEN NOTICE within a reasonable time,the Owner.may correct it in actor- 13.3.1 Written notice shall be deemed to have been duly dance with Paragraph 2.4.If the Contractor does not proceed served if delivered in person to the individual or a member of with correction of such nonconforming Work within a reason- the firm or entity or to an officer of the corporation for which it able time fixed by written notice from the Architect,the Owner was intended,or if delivered at or sent by registered or certified may remove it and store the salvable materials or equipment at mail to the last business address known to the party giving the Contractor's expense.If the Contractor does not pay costs notice. of such removal and storage within ten days-after written notice, the Owner may upon ten additional days' written 13.4 RIGHTS AND REMEDIES notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,after deducting 13.4.1 Duties and obligations imposed by the Contract Docu- costs and damages that should have been borne by the Con- merits and rights and remedies available thereunder shall be in tractor,including compensation for the Architect's services and addition to and not a limitation of duties,obligations,rights and, expenses made necessary thereby:If such proceeds:of sale do remedies otherwise imposed or available by law. . not cover costs which the Contractor should have borne, the 13.4.2 No action or failure to act by the Owner, Architect or Contract Sum shall be reduced by the clefciency. If payments Contractor shall constitute a waiver of a right or duty afforded then or thereafter due the Contractor are not sufficient to cover them under the Contract,nor shall such action or failure to act such amount, the Contractor shall pay the difference to the constitute approval of or acquiescence in a breach thereunder, Owner. except as may be'specifically agreed in writing. . 12.2.5 The Contractor shall bear .the cost of correcting . • destroyed or damaged construction, whether completed or 13.5 TESTS AND INSPECTIONS • • partially completed, of the Owner or separate contractors caused by the Contractor's correction or'removal of Work 13.5.1 Tests, inspections and approvals of portions of the which is not in accordance with the requirements of the Con- Work required by the Contract Documents or by laws,.ordi- tract Documents. nances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate tithe.Unless other- - 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- wise provided, the Contractor shall make arrangements for strued to establish a period of limitation with respect to other such tests,inspections and approvals with an independent test- obligations which the Contractor might have under the Con- ing laboratory or entity acceptable to the Owner, Or with the tract Documents.Establishment of the time period of one year appropriate public authority,and shall bear all related costs of as described in Subparagraph 12.2.2 relates only to the specific tests, inspections and approvals. The Contractor shall give the obligation of the Contractor to correct the Work, and has no Architect timely notice of when and where tests and inspec- relationship to the time within which the obligation to comply tions are to be made so the Architect may observe such proce- with the Contract Documents may be sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect to the Con- are received or negotiations concluded. tractor's obligations other than specifrcally to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- 12.3.1 If the Owner prefers to accept Work which is not in paragraph 13.5.1,the Architect will,upon written authorization accordance with the requirements of the Contract Documents, from the Owner,instruct the Contractor to make arrangements the Owner may do so instead of requiring its removal and cor- for such additional testing,inspection or approval by an entity rection, in which case the Contract Sum will be reduced as acceptable to the Owner,and the Contractor shall give timely appropriate and equitable. Such adjustment shall be effected notice to the Architect of when and where tests and inspections whether or not final payment has been made. are to be made so the Architect may observe such procedures. • AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 22 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- ARTICLE 14 . paragraph 13.5.3..: . . . TERMINATION OR SUSPENSION • • 13.5.3 If such procedures for testing, inspection or approval ', OF THE CONTRACT under Subparagraphs 13.54 and 13,.5.2 reveal failure of the portions of the Work to comply witIh_requiremerits established 14.1, TERMINATION BY THE CONTRACTOR by the Contract Documents,the Contractor shall bear all costs made necessary by such failure including those of repeated 14.1.1 The Contractor may terminate the Contract if the Work procedures and compensation for the Architect's services and is stopped for a period of 30 days through no act or fault of the expenses. Contractor or a Subcontractor, Sub-subcontractor Or their agents or employees or any other persons performing portions 13.5.4 Required certificates of testing, inspection or approval of the Work under contract with the Contractor,for any of the shall unless otherwise required by the Contract Documents,be following reasons: secured by the Contractor and promptly delivered to the . .1 issuance of an order of a court or other public author- Architect. ity having jurisdiction; .2 an act of government,such as a declaration of national 13.5.5 If theh Architect is to. observe tests, inspections or emergency,making material unavailable; approvals required by the Contract Documents, the Architect .3 because the Architect has not issued a Certificate for will do so promptly and,where practicable,at the normal place of testing. Payment and has not notified the Contractor of the t`eason for"withholding certification as provided in 13.5.6 Tests or inspections conducted pursuant to the Cori-- Subparagraph 9.4.1, or because the Owner has not tract Documents shall be made promptly to avoid unreasonable Made payment on a Certificate for:Payment''within delay in the Work. the'tiine stated in the Contract Documents; .4 if repeated suspensions,delays or interruptions by the 13.6 INTEREST Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- 13.6.1 Payments due and unpaid under the Contract Docu- ber of days scheduled for completion,or 120 days in ments shall bear interest from the date payment is due at such any 365-day period, whichever is less; or rate as the parties may agree upon in writing or,in the absence .5 the Owner has failed to furnish to the Contractor thereof,at the legal rate prevailing from time to time at the place promptly, upon the Contractor's request, reasonable where the Project is located. evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists,the Contractor may, 13.7 COMMENCEMENT OF STATUTORY upon seven additional days' written notice to the Owner and LIMITATION PERIOD Architect,terminate the Contract and recover from the Owner 13.7.1 As between the Owner and Contractor: payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment .1 Before Substantial Completion.As to acts or failures and machinery, including reasonable overhead, profit and to act occurring prior to the relevant date of Substan- damages. tial Completion, any applicable statute of limitations 14.1.3 If the Work is stopped for a period of 60 days through shall commence to run and any alleged cause of action •no act or fault of the Contractor or a Subcontractor or their shall be deemed to have accrued in any and all events agents or employees or any other persons performing portions not later than such date of Substantial Completion; of the Work under contract with the Contractor because the 2 Between Substantial Completion and Final Certifi- Owner has persistently failed to fulfill the Owner's obligations Bate for Payment.As to acts or failures to act occur under the Contract Documents with respect to matters impor- ring subsequent to the relevant date of Substantial tant to the progress of the Work, the Contractor may, upon Completion and prior to issuance of the final Certifi seven additional days' written notice to the Owner and the care for Payment,any applicable statute of limitations Architect,terminate the Contract and recover from the Owner shall commence to run and any.alleged cause of as provided in Subparagraph 14.1.2. action shall be deemed to have accrued in any and all 14.2 TERMINATION BY THE OWNER FOR CAUSE events not later than the date of issuance of the final 14.2.1 The Owner may terminate the Contract if the Certificate for Payment; and Contractor: .3 After Final Certificate for Payment. As to acts or .1 persistently or repeatedly refuses or fails to supply failures to act occurring after the relevant date of issu- enough properly skilled workers or proper materials; ance of the final Certificate for Payment, any appli- .2 fails to make payment to Subcontractors for materials cable statute of limitations shall commence to run and or labor in accordance with the respective agreements any alleged cause of action shall be deemed to have between the Contractor and the Subcontractors; accrued in any and all events not later than the date of .3 persistently disregards laws,ordinances,or rules,reg- any act or failure to act by the Contractor pursuant to ulations or orders of a public authority having juris- any warranty provided under Paragraph 3.5,the date diction; or of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2,or the .4 otherwise is guilty of substantial breach of a provision 0 date of actual commission of any other act or failure of the Contract Documents. to perform any duty or obligation by the Contractor 14.2.2 When any of the above reasons exist,the Owner,upon or Owner,whichever occurs last. certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 23 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • • tify such action, may without prejudice to any other rights or Owner.The amount to be paid to the Contractor or Owner,as remedies of the Owner and after giving the Contractor and the the case may be,shall be certified by the Architect,upon appli- Contractor's surety, if any'`seven days' wiittet notice, termi- cation, and this obligation for payment shall survive termina- nate employment of the:Contractor_and ihay, subject to any tion of the Contract: prior rights of the surety: 14.3 , SUSPENSION BY THE OWNER • .1 take possession of the site and`of all Materials,equip- FOR CONVENIENCE . ment,tools,and corlstruction,equipmentand machin- 14.3.1 The Owner may,without cause;order the Contractor in cry thereon owned by the Contractor; writing to suspend;:delay or interrupt the Work in whole or in .2 accept assignment of subcontracts pursuant to Para- part for such period of time as the Owner may determine. graph 5.4;:and , : . 3 finish the Work by whatever reasonable method the 14.3.2 An adjustment shall be made for increases in the cost of Owner may deem expedient. performance of the Contract,including profit•on the increased cost of performance,caused.by suspension, delay or interiup- 14.2.3 When the Owner terminates the Contract for one of the tion. No adjustment'shall be made to the extent: reasons stated in Subparagraph 14.2.1,the Contractor shall not be entitled to'receive further payment until the Work is .1 that performance is was or would have been so sus finished. • pended, delayed or interrupted by another cause for which the Contractor is responsible;or . 14.2.4 If the unpaid balance of the Contract Sum exceeds costs .2 that an equitable adjustment is made or denied under of finishing the.Work, including compensation for the Archi- another provision of this Contract. tect's services and expenses made, necessary thereby, such . • excess shall be paid to the Contractor.If such costs exceed the 14.3.3 Adjustments made in the cost of performance may have unpaid balance, the Contractor shall pay the difference to the a mutually agreed fixed or percentage fee. • • • • • • . AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 24 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. Reprinted 7/93