GENTLEMEN:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-06501A000300020005-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 31
• Document Creation Date: December 9, 2016
• Document Release Date: March 12, 1999
• Sequence Number: 5
• Publication Date: January 1, 1974
• Content Type: LETTER

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Gentlemen,
You are invited to bid on a General Contract, including mechanical and electri-
cal work for a single story concrete block office building approximately
10 250 square feet for
25X1A6a . All bids must be on a lump sum basis: segregated bids will no
be accepted. 21
25X1A5a1 will receive bids until 1:00 P.M. February, 1974 at 9351
25X1A5a1 Bids received
after that date will not be accepted. All n res pa es are invited to
attend. Bids will be opened and 'publicly read aloud.
Drawings and Specifications may be examined at the Architect's office and at:
Copies of the above documents may be obtained at the office of the Architect
in accordance with the Instructions to Bidders upon depositing the sum of
twenty-five dollars ($25) for each set of documents.
Any bona-fide bidders, upon returning the documents in good condition immedi-
ately following the public opening of said bids, shall be returned his deposit
in full.
25X1A5a1 reserves the right to waive irregularities and to reject
bids.
Yours,
WCM:jm
encls.
25X1A6a
qpo.*/
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INSTRUCTIONS TO BIDDERS
11 The Instructions to Bidders A.I.A. document A 701 (April 1970 ed.)
consisting of 3 pages is hereby made a part of these contract documents
and specifications and shall apply to all aspects of this work. All
supplemental provisions included herein shall be considered an added
thereto. Provisions of said article not affected shall remain in force.
office and ats
Copies of the above documents may be obtained at the office of the
Architect upon depositing the sum of twenty-five dollars ($25) for each
set of documents. Any bona-fide bidder, upon returning the documents
in good condition immediately following the public opeing of said bids
shall be returned his deposit in full.
31 All proposals shall be submitted on the proposal forms enclosed.
4: Tbl o -3e. yp -f s7. FCC ~K/ R.EA "r, ez, 6.
AOO.0/
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Gentlemen,
I have received the documents titled Specifications and Related Documents for
Office Building for and Drawings A-i through A-9; S-i
through S-2; AC-1; PE-1; P-2; E-2 an E-3. I have also received addenda Nos.
and have in-
cluded their provisions in my bid. I have examined both the documents and the
site and submit the following bid:
i) To hold my bid open until Pe nary 15, 197 3 ? lzAyy F'a"'"y Feb. zi,H74?
2) To enter into and execute a standard form of agreement between owner and
contractor A.I.A. document A101 if awarded on the basis of this bid.
3)
To furnish bonds as required in article 9 of the Instructions to Bidders
A.I.A. 701.
4) To accomplish work in accordance with the contract documents.
5) To commence the work of the contract on the effective date Notice to Pro-
ceed with Contractual Work issued by the Architect and to complete the
work in one hundred and eighty (180) oaledar days. The bidder further
agrees, subject to specification requirements, to pay the owner by a re-
duction of the contract amount fifty dollars ($50) for each and every
calendar day the work remains incomplete after the time specified above
plus official extension of time, as liquidated damages due the owner for
loss of the use of the facilities during such period of time and to defer
added expenses for supervision.
I will construct this project for the lump sum price of
Dollars ($
Alternate Bid #1 add $
Alternate Bid #2 add $
Alternate Bid #3 add $
Signed
Dated
Address
Aoa. -I
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 Approved For Release 2001/08/07 : CIA-RDP78-06501A000300020005-1
Instructions to Bidders
THE AMERICAN INSTITUTE OF ARCHITECTS
General Conditions of the Contract
for Construction
1. DEFINITIONS
2. BIDDER'S REPRESENTATION
3. BIDDING PROCEDURES
4. EXAMINATION OF BIDDING DOCUMENTS
5. SUBSTITUTIONS
1. CONTRACT DOCUMENTS
2. ARCHITECT
3. OWNER
4. CONTRACTOR
5. SUBCONTRACTORS
6. SEPARATE CONTRACTS
7. MISCELLANEOUS PROVISIONS
8. TIME
6. QUALIFICATION OF BIDDERS
7. REJECTION OF BIDS
8. SUBMISSION OF POST-BID INFORMATION
9. PERFORMANCE BOND AND
LABOR AND MATERIAL PAYMENT BOND
AIA Document A201
9. PAYMENTS AND COMPLETION
10. PROTECTION OF PERSONS AND PROPERTY
11. INSURANCE
12. CHANGES IN THE WORK
13. UNCOVERING AND CORRECTION
OF WORK
14. TERMINATION OF THE CONTRACT
These documents have been approved and endorsed by The Associated General Contractors of America.
AIA DOCUMENTS A701 and A201 ? INSTRUCTIONS TO BIDDERS and GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
APRIL 1970 ED. ? AIA? ? ? 1970 ? THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
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NOTICE
AIA Documents A701 and A201 have complementary
provisions and are intended for joint use in the Project
Manual. This cover should be removed and discarded,
and the Documents placed in their proper sequence
in the Manual.
The following items were included in the previous
editions of the AIA General Conditions but are now
inn the Instructions to Bidders:
A. Certain provisions relating to the submission of
information regarding subcontractors. (Ref. A701,
'aragraph 8.1; and A201, Paragraph 5.2)
B Provisions relating to the Performance Bond and
I.al,or and Material Payment Bond. (Ref. A701,
aagraph 9.1; and A201, Paragraph 7.5)
If AIA. Document A201 is used with Instructions to
Bidders other than AIA Document A701, such Instruc-
tions should contain adequate provisions for these
items.
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THE AMERICAN INSTITUTE OF ARCHITECTS
Instructions to Bidders
Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction
TABLE OF ARTICLES
1. DEFINITIONS 6. QUALIFICATION OF BIDDERS
2. BIDDER'S REPRESENTATION 7. REJECTION OF BIDS
3. BIDDING PROCEDURES 8. SUBMISSION OF POST-BID INFORMATION
4. EXAMINATION OF BIDDING DOCUMENTS 9. PERFORMANCE BOND AND
LABOR AND MATERIAL PAYMENT BOND
5. SUBSTITUTIONS
This document has been approved and endorsed by The Associated General Contractors of, America.
Copyright ? 1970 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 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 ? APRIL 1970 EDITION ? AIA ? ? ? 1970
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
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INSTRUCTIONS TO BIDDERS
ARTICLE 1
1.1 All definitions set forth in the General Conditions
of the Contract for Construction, AIA Document A201,
are applicable to these Instructions to Bidders.
1.2 Bidding documents include the advertisement or
invitation to bid, Instructions to Bidders, the bid form
and the proposed Contract Documents including any
Addenda issued prior to receipt of bids.
1.3 Addenda are written or graphic instruments issued
prior to the execution of the Contract which modify or
interpret the bidding documents, including Drawings and
Specifications, by additions, deletions, clarifications or
corrections. Addenda will become part of the Contract
Documents when the Construction Contract is executed.
ARTICLE 2
BIDDER'S REPRESENTATION
2.1 Each bidder by making his bid represents that he has
read and understands the bidding documents.
2.2 Each bidder by making his bid represents that he has
visited the site and familiarized himself with the local
conditions under which the Work is to be performed.
ARTICLE 3
3.1 All bids must be prepared on the forms provided
by the Architect and submitted in accordance with the
Instructions to Bidders.
3.2 A bid is invalid if it has not been deposited at the
designated location prior to the time and date for receipt
of bids indicated in the advertisement or invitation to bid,
or prior to any extension thereof issued to the bidders.
3.3 Unless otherwise provided in any supplement to
these Instructions to Bidders, no bidder shall modify,
withdraw or cancel his bid or any part thereof for thirty
days after the time designated for the receipt of bids in
the advertisement or invitation to bid.
3.4 Prior to the receipt of bids, Addenda will be mailed
or delivered to each person or firm recorded by the Archi-
tect as having received the bidding documents and will
be available for inspection wherever the bidding docu-
ments are kept available for that purpose. Addenda
issued after receipt of bids will be mailed or delivered
only to the selected bidder.
ARTICLE 4
EXAMINATION OF BIDDING DOCUMENTS
4.1 Each bidder shall examine the bidding documents
carefully and, not later than seven days prior to the date
for receipt of bids, shall make written request to the
Architect for interpretation or correction of any ambi-
guity, inconsistency or error therein which he may dis-
cover. Any interpretation or correction will be issued as
an Addendum by the Architect. Only a written interpre-
tation or correction by Addendum shall be binding. No
bidder shall rely upon any interpretation or correction
given by any other method.
ARTICLE 5
5.1 Each bidder represents that his bid is based upon
the materials and equipment described in the bidding
documents.
5.2 No substitution will be considered unless written
request has been submitted to the Architect for approval
at least ten days prior to the date for receipt of bids. Each
such request shall include a complete description of the
proposed substitute, the name of the material or equip-
ment for which it is to be substituted, drawings, cuts,
performance and test data and any other data or informa-
tion necessary for a complete evaluation.
5.3 If the Architect approves any proposed substitution,
such approval will be set forth in an Addendum.
QUALIFICATION OF BIDDERS
6.1 If required, a bidder shall submit to the Architect a
properly executed Contractor's Qualification Statement,
AIA Document A305.
ARTICLE 7
REJECTION OF BIDS
7.1 The bidder acknowledges the right of the Owner to
reject any or all bids and to waive any informality or
irregularity in any bid received. In addition, the bidder
recognizes the right of the Owner to reject a bid if the
bidder failed to furnish any required bid security, or to
submit the data required by the bidding documents, or
if the bid is in any way incomplete or irregular.
ARTICLE 8
SUBMISSION OF POST-BID INFORMATION
8.1 Upon request by the Architect, the selected bidder
shall within seven days thereafter submit the following:
8.1.1 A statement of costs for each major item of
Work included in the bid.
8.1.2 A designation of the Work to be performed by
the bidder with his own forces.
8.1.3 A list of names of the Subcontractors or other
persons or organizations (including those who are to
furnish materials or equipment fabricated to a special
AIA DOCUMENT A701 ? INSTRUCTIONS TO BIDDERS ? APRIL 1970 EDITION ? AIA? ? 1970
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
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design) proposed for such portions of the Work as may
be designated in the bidding documents or, if no por-
tions are so designated, the names of the Subcontrac-
tors proposed for the principal portions of the Work.
The bidder will be required to establish to the satisfac-
tion of the Architect and the Owner the reliability and
responsibility of the proposed Subcontractors to furnish
and perform the Work described in the Sections of the
Specifications pertaining to such proposed Subcontrac-
tors' respective trades. Prior to the award of the Con-
tract, the Architect will notify the bidder in writing if
either the Owner or the Architect, after due investiga-
tion, has reasonable and substantial objection to any
person or organization on such list. If the Owner or
Architect has a reasonable and substantial objection to
any person or organization on such list, and refuses in
writing to accept such person or organization, the bid-
der may, at his option, withdraw his bid without for-
feiture of bid security, notwithstanding anything to the
contrary contained in Paragraph 3.3. If the bidder sub-
mits an acceptable substitute with an increase in his
bid price to cover the difference in. cost occasioned by
such substitution, the Owner may, at his discretion,
accept the increased bid price or he may disqualify the
bidder. Subcontractors and other persons and organi-
zations proposed by the bidder and accepted by the
Owner and the Architect must be used on the Work
for which they were proposed and accepted and shall
not be changed except with the written approval of
the Owner and the Architect.
ARTICLE 9
PERFORMANCE BOND AND
LABOR AND MATERIAL PAYMENT BOND
9.1 The Owner shall have the right, prior to the execu-
tion of the Contract, to require the bidder to furnish
bonds covering the faithful performance of the Contract
and the payment of all obligations arising thereunder in
such form and amount as the Owner may prescribe and
with such sureties secured through the bidder's usual
sources as may be agreeable to the parties. If such bonds
are stipulated in the bidding documents, the premiums
shall be paid by the bidder; if required subsequent to
the submission of bids; the cost shall be reimbursed by
the Owner. The bidder shall deliver the required bonds
to the Owner not later than the date of execution of the
Contract, or if the Work is commenced prior thereto in
response to a letter of intent, the bidder shall, prior
to commencement of the Work, submit evidence satis-
factory to the Owner that such bonds will be issued.
9.2 The bidder shall require the attorney in fact who
executes the required bonds on behalf of the surety to
affix thereto a certified and current copy of his power
of attorney indicating the monetary limit of such power.
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
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THE AMERICAN INSTITUTE OF ARCHITECTS
General Conditions of the Contract
for Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION
TABLE OF ARTICLES
1. CONTRACT DOCUMENTS
2. ARCHITECT
3. OWNER
4. CONTRACTOR
5. SUBCONTRACTORS
6. SEPARATE CONTRACTS
7. MISCELLANEOUS PROVISIONS
8. TIME
9. PAYMENTS AND COMPLETION
10. PROTECTION OF PERSONS AND
PROPERTY
11. INSURANCE
12. CHANGES IN THE WORK
13. UNCOVERING AND CORRECTION
OF WORK
14. TERMINATION OF THE 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 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 provi-
sions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution.
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTH EDITION ? APRIL 1970 ED.
AIA? ? ? 1970 ? THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTH EDITION ? APRIL 1970 ED.
Z AIA? ? ? 1970 ? THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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INDEX
Acceptance of Defective or Non-Conforming Work....... 13.3
Access to Work .....................................2.2.3
Accident Prevention ..............................2.2.4, 10
Addendum, Definition of .............................. 1.1.1
Additional Costs, Claims for .........................12.2.1
Additional Work ..... ...........................12
Administration of the Contract ......................... 2.2
Agreement, Extent of ...............................1.1, 1.2
Allowances, Cash ....................................4.8.1
Applications for Payment ........2.2.5, 9.2.1, 9.3.1, 9.3.3, 9.4.1,
9.4.2, 9.5.1, 9.6.1, 9.7.2
Arbitration, Owner-Contractor Claims and
Disputes .......................2.2.6 through 2.2.12, 7.10
ARCHITECT ............................................2
Architect, Definition of ... ..........................2.1
Architect's Access to the Work .........................2.2.3
Architect's Authority ...2.2.2, 2.2.12, 2.2.14, 2.2.17, 4.17, 12.1.2
Architect's Authority to Reject Work .................. 2.2.12
Architect's Decisions ....................2.2.6 through 2.2.12
Architect's Interpretations ....1.2.5, 2.2.6 through 2.2.11, 12.1.6
Architect's Full-Time Project Representative ............ 2.2.16
Architect's Status .....................................2.2
Architect's Visits to Site ...........2.2.3, 2.2.4, 2.2.15, 7.8, 9.7
Bonds, Contract (Performance, Labor and
Material Payment) ..................................7.5
Builder's Risk Insurance (See Property Insurance) ........11.3
Cash Allowances ....................................4.8.1
Certificates for
Payment ..........2.2.5, 2.2.15, 5.4.2, 9.4, 9.5.1, 9.6.1, 9.7.2
CHANGES IN THE WORK ..............................12
Changes, Minor ................................2.2.14, 12.3
Change Orders ...........................2.2.14, 4.8.1, 12.1
Change Orders, Definition of ........................12.1.2
Claims and Disputes Between the Contractor
and the Owner .................2.2.6 through 2.2.12, 7.10
Claims for Additional Cost or Time ........8.3.2, 8.3.3, 12.1.6,
12.1.7, 12.2
Claims for Damages ................................7.4, 8.3
Claims of the Subcontractor .........................5.3.1.4
Cleaning up .....................................4.16, 6.4
Codes ........................................4.7.2, 10.2.2
Commencement of the Work .....................7.5.1, 8.1.2
Communications ......................2.2.2, 3.2.4, 4.9.1, 4.17
COMPLETION, PAYMENTS AND ..........................9
Completion, Substantial ............... 2.2.15, 8.1.3, 8.2.3, 9.7
Contract, Definition of ...............................1.1.2
Contract Bonds .......................................7.5
CONTRACT DOCUMENTS ..............................1
Contract Documents, Copies Furnished and
Ownership of .....................................1.3
Contract Documents, Definition of ....................1.1.1
Contract Documents, Execution, Correlation,
Intent and Interpretations ...........................1.2
Contract Modifications ...................1.1.1, 1.2.5, 12
Contract Sum, Changes of ......................12.1, 12.2
Contract Sum, Definition of 9.1.1
Contract Termination by Contractor ....................14.1
Contract Termination by Owner .......................14.2
Contract Time .......................................8.1.1
Contracts, Separate ....................................6.1
CONTRACTOR ..... ................................4
Contractor, Definition of ...............................4.1
Contractor, Stopping the Work by the ...........9.6.1
Contractor, Termination of the Contract by the ..........14.1
Contractor's Liability Insurance ........................11.1
Contractor's Relations with Subcontractors ..........1.2.4, 5.3
Contractor's Responsibility for Protection
and Safety ...................................10.1, 10.2
Contractor's Responsibility for Those
Performing the Work ..............................4.10
Contractor's Review of Contract Documents ........1.2.2, 4.2
Contractor's Superintendent ....................4.9.1, 10.2.5
Contractor's Supervision and Construction
Procedures ........... 4.3
Contractors, Mutual Responsibility of ...................6.2
Copies Furnished of Drawings and Specifications ........1.3.1
Correction of Work ..................................13.2
Cutting and Patching of Work ..........................4.15
Cutting and Patching Under Separate Contracts ..........6.3
Damages, Claims for ...............................7.4, 8.3
Damages for Delay ..................................8.3.4
Day, Definition of ...................................8.1.4
Debris Removal .. ..................4.16, 6.4
Deductions for Uncorrected Work .................... 13.3.1
Defective or Non-Conforming Work,
Acceptance of ....................................13.3
Delays and Extensions of Time ..........................8.3
Documents, Execution of the Contract .................1.2.1
Drawings and Specifications at the Site .................4.12
Drawings and Specifications, Ownership of .............1.3.2
Drawings, Arrangement of ............................1.2.4
Drawings as Written Interpretations ....................1.2.5
Easements ..........................................3.2.2
Emergencies .........................................10.3
Execution, Correlation, Intent and Interpretations
of the Contract Documents ..........................1.2
Extensions of Time ................................8.3,12.1
Extras ................................................12
Failure of Payment ....................................9.6
Field Orders ...............................1.2.5, 12.3, 12.4
Final Payment ........................................9.7
Fire, Extended Coverage, Vandalism and
Malicious Mischief Insurance ......................11.3.1
Governing Law .......................................7.1
Guarantee Bonds .....................................7.5
Guarantee .................................... 9.3.3, 13.2.2
Indemnification ......................................4.18
Information and Services Required of the Owner ..........3.2
Inspections .................................2.2.15, 7.8, 9.7
Instructions to the Contractor ....................2.2.2, 3.2.4
INSURANCE ... .................................11
Insurance, Builders Risk (See Property
Insurance) .11.3.1
Insurance, Contractor's Liability ........................11.1
Insurance, Fire, Extended Coverage,
Vandalism, and Malicious Mischief ................11.3.1
Insurance, Loss of Use ................................11.4
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTH EDITION ? APRIL 1970 ED.
AIA? ? ? 1970 ? THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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Insurance, Owner's Liability ...........................11.2
Insurance, Property ...................................11.3
Insurance, Special Hazards ...........................11.3.5
Insurance, Steam Boiler and Machinery ................11.3.2
Interest .............................................7.9.1
Interpretations and Decisions
of the Architect .....................2.2.6 through 2.2.12
Interpretations, Written ................1.1.1, 1.2.5, 12.3, 12.4
Labor and Materials ...............................4.4, 4.5
Labor and Material Payment Bond ....................... 7.5
Laws ....................................4.6, 4.7, 7.1, 10.2
Liens ........................................9.7.3, 9.7.5
Loss of Use Insurance ...............................11.4.1
Materials, Labor and ...............................4.4, 4.5
Minor Changes In the Work ..................1.1.1, 12.3, 12.4
MISCELLANEOUS PROVISIONS ..........................7
Modifications to the Contract ......................1.1.1, 12
Mutual Responsibility of Contractors ....................6.2
Non-Conforming Work, Acceptance of
Defective or ....................................13.3.1
Notice of Testing and Inspections ....................... 7.8
Notice to Proceed ...................................8:1.2
Notice, Written .......................................7.3
Notices, Permits, Fees and ............................. 4.7
OWNER ...... ...................................3
Owner, Definition of ......... ................3.1
Owner, Termination of the Contract by the .............. 14.2
Owner's Information and Services ....................... 3.2
Owner's Liability Insurance ............................11.2
Owner's Right to Carry Out the Work ....................3.4
(Owner's Right to Clean Up .......................4.16.2, 6.4
Owner's Right to Award Separate Contracts ..............6.1
Owner's Right to Stop the Work ......................3.3
Ownership of Drawings and Specifications ..............1.3.2
Patching of Work .. .................................4.15
Patching of Work Under Separate Contracts ..............6.3
Patents, Royalties and ................................ 7.7.1
PAYMENTS AND COMPLETION ..........................9
Payment, Applications for .......2.2.5, 9.2.1, 9.3.1, 9.3.3, 9.4.1,
9.4.2, 9.5.1, 9.6.1, 9.7.2
(Payment,
Certificates for .....2.2.5, 2.2.15, 5.4.2, 9.4, 9.5.1, 9.6.1, 9.7.2
Payment, Failure of ...................................9.6
Payment, Final .................................. 2.2.109.7
Payments, Progress .................................9.3, 9.4
Payments to Subcontractors .............................5.4
Payments Withheld ....................................9.5
Performance Bond ....................................7.5
Permits, Fees and Notices ..............................4,7
PERSONS AND PROPERTY, PROTECTION OF ..............10
Progress and Completion ...............................8.2
Progress Payments ................................. 9.3, 9.4
Progress Schedule ................................4.11
Project, Definition of ................................1.1.4
Project Loss or Damage Insurance ......................11.3
Project Representatives, Full-Time .....................2.2.16
Property Insurance ................................... 11.3
PROTECTION OF PERSONS AND PROPERTY ...............10
Regulations ... .............................4.7.2, 10.2.2
Rejection of Work ............................. 2.2.12, 13.2
Releases of Waivers and Liens .....................9.7.3, 9.7.5
Responsibility for Those Performing the Work ......4.10, 9.7.1
Retainage ..................................5.4.2, 9.7.3, 9.7.4
Review of Contract Documents by the Contractor .....1.2.2,, 4.2
Royalties and Patents .................................. 7.7
Rights and Remedies .................................. 7.6
Safety of Persons and Property ......................... 10.2
Safety Precautions and Programs .................. 2.2.4, 10.1
Samples, Shop Drawings and .................... 2.2.13, 4.13
Schedule of Values ...................................9.2
Schedule, Progress ...................................4.11
SEPARATE CONTRACTS ................................. 6
Separate Contracts, Owner's Right to Award .............6.1
Shop Drawings and Samples ....................2.2.13, 4.13
Site, Use of ........................................4.14.1
Special Hazards Insurance ............................111.3.5
Specifications, Organization of ........................ 11.2.4
Steam Boiler and Machinery Insurance .................111.3.2
Stopping the Work ....................................3.3
SUBCONTRACTORS ....................................5
Subcontractor, Claims of ............................5.3.1.4
Subcontractor, Definition of ..........................5.1.1
Subcontracts, Award of ...........................1.2.4, 5.2
Subcontractual Relations ...............................5.3
Substantial Completion and Final Payment ..........2.2.15? 9.7
Substantial Completion, Date of ............2.2.15, 8.1.3, 11.2.3
Sub-subcontractor, Definition of .................... . .. 5.1.2
Subsurface Conditions ..............................12.1.6
Successors and Assigns ..................................7.2
Supervision and Construction Procedures ...............41.3.1
Superintendent, Contractor's .................... 4.9.1, 141.2.5
Surveys ..............................................1.2.1
Taxes .................................................4.6
Termination by the Contractor .......... ............... 14.1
Termination by the Owner ............................. 14.2
TERMINATION OF THE CONTRACT ...................... 14
Tests ..........................................2.2.12,, 7.8
TIME .. ..... .....................................8
Time, Definition of ........ ..........................8.1
Time, Delays and Extensions of ................8..3, 12.1, 12.2
Title of Work ......................................9.3.3
UNCOVERING AND CORRECTION OF WORK ............13
Uncovering of Work ..................................13.1
Unit Prices ..................................12.1.3, 12.1.5
Use of Site .......................................... 4.14
Values, Schedule of ....................................9.2
Waiver of Claims by the Contractor ....................'91.7.6
Waiver of Claims by the Owner .......................!91.7.5
Warranty ........................................4.5, '1.3.3
Words, Recognized Meanings of .......................1.2.3
Work, Definition of ............:......................1.1.3
Written Notice ........................................7.3
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION'. TWELFTH EDITION ? APRIL 1970 ED.
41 AIAO ? p 1970 ? THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
CONTRACT DOCUMENTS
1.1 DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement, the
Conditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, all
Addenda issued prior to execution of the Contract, and
all Modifications thereto. A Modification is (1) a written
amendment to the Contract signed by both parties, (2)
a Change Order, (3) a written interpretation issued by
the Architect pursuant to Subparagraph 1.2.5, or (4) a
written order for a minor change in the Work issued by
the Architect pursuant to Paragraph 12.3. A Modification
may be made only after execution of the Contract.
1.1.2 THE CONTRACT
The Contract Documents form the Contract. The Contract
represents the entire and integrated agreement between
the parties hereto and supersedes all prior negotiations,
representations, or agreements, either written or oral,
including the bidding documents. The Contract may be
amended or modified only by a Modification as defined
in Subparagraph 1.1.1.
1.1.3 THE WORK
The term Work includes all labor necessary to produce
the construction required by the Contract Documents,
and all materials and equipment incorporated or to be
incorporated in such construction.
1.1.4 THE PROJECT
The Project is the total construction designed by the
Architect, of which the Work performed under the Con-
tract Documents may be the whole or a part.
EXECUTION, CORRELATION, INTENT AND
INTERPRETATIONS
1.2.1 The Contract Documents shall be signed in not less
than triplicate by the Owner and Contractor. If either the
Owner or the Contractor or both do not sign the Condi-
tions of the Contract, Drawings, Specifications, or any
of the other Contract Documents, the Architect shall
identify them.
1.2.2 By executing the Contract, the Contractor represents
that he has visited the site, familiarized himself with the
local conditions under which the Work is to be per-
formed, and correlated his observations with the require-
ments of the Contract Documents.
1.2.3 The Contract Documents are complementary, and
what is required by any one shall be as binding as if
required by all. The intention of the Documents is to
include all labor, materials, equipment and other items
as provided in Subparagraph 4.4.1 necessary for the
proper execution and completion of the Work, It is not
intended that Work not covered under any heading,
section, branch, class or trade of the Specifications shall
be supplied unless it is required elsewhere in the Contract
Documents or is reasonably inferable therefrom as being
necessary to produce the intended results. Words which
have well-known technical or trade meanings are used
herein in accordance with such recognized meanings.
1.2.4 The organization of the Specifications into divi-
sions, sections and articles, and the arrangement of
Drawings shall not control the Contractor in dividing
the Work among Subcontractors or in establishing the
extent of Work to be performed by any trade.
1.2.5 Written interpretations necessary for the proper
execution or progress of the Work, in the form of draw-
ings or otherwise, will be issued with reasonable prompt-
ness by the Architect and in accordance with any
schedule agreed upon. Either party to the Contract may
make written request to the Architect for such inter-
pretations. Such interpretations shall be consistent with
and reasonably inferable from the Contract Documents,
and may be effected by Field Order.
1.3 COPIES FURNISHED AND OWNERSHIP
1.3.1 Unless otherwise provided in the Contract Docu-
ments, the Contractor will be furnished, free of charge,
all copies of Drawings and Specifications reasonably nec-
essary for the execution of the Work.
1.3.2 All Drawings, Specifications and copies thereof
furnished by the Architect are and shall remain his prop-
erty. They are not to be used on any other project, and,
with the exception of one contract set for each party to
the Contract, are to be returned to the Architect on re-
quest at the completion of the Work.
2.1 DEFINITION
2.1.1 The Architect is the person or organization licensed
to practice architecture and identified as such in the
Agreement and is referred to throughout the Contract
Documents as if singular in number and masculine in
gender. The term Architect means the Architect or his
authorized representative.
2.1.2 Nothing contained in the Contract Documents shall
create any contractual relationship between the Architect
and the Contractor.
2.2 ADMINISTRATION OF THE CONTRACT
2.2.1 The Architect will provide general Administration
of the Construction Contract, including performance of
the functions hereinafter described.
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTH EDITION ? APRIL 1970 ED.
AIA?? ? 1970 ? THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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2.2.2 The Architect will be the Owner's representative
during construction and until final payment. The Architect
will have authority to act on behalf of the Owner to the
extent provided in the Contract Documents, unless other-
wise modified by written instrument which will be shown
to the Contractor. The Architect will advise and consult
with the Owner, and all of the Owner's instructions to
the Contractor shall be issued through the Architect.
2.2.3 The Architect shall at all times have access to the
Work wherever it is in preparation and progress. The
Contractor shall provide facilities for such access so the
Architect may perform his functions under the Contract
Documents.
2.2.4 The Architect will make periodic visits to the site
to familiarize himself generally with the progress and
quality of the Work and to determine in general if the
Work is proceeding in accordance with the Contract
Documents. On the basis of his on-site observations as
an architect, he will keep the Owner informed of the
progress of the Work, and will endeavor to guard the
Owner against defects and deficiencies in the Work of the
Contractor. The Architect will not be required to make
exhaustive or continuous on-site inspections to check the
quality or quantity of the Work. The Architect will not be
responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions and
programs in connection with the Work, and he will not
be responsible for the Contractor's failure to carry out
the Work in accordance with the Contract Documents.
.2.2.5 Based on such observations and the Contractor's
Applications for Payment, the Architect will determine
the amounts owing to the Contractor and will issue
Certificates for Payment in such amounts, as provided
in Paragraph 9.4.
2.2.6 The Architect will be, in the first instance, the
interpreter of the requirements of the Contract Docu-
ments and the judge of the performance thereunder by
both the Owner and Contractor. The Architect will,
within a reasonable time, render such interpretations as
he may deem necessary for the proper execution or prog-
ress of the Work.
2.2.7 Claims, disputes and other matters in question
between the Contractor and the Owner relating to the
execution or progress of the Work or the interpretation
of the Contract Documents shall be referred initially to
the Architect for decision which he will render in writing
within a reasonable time.
2.2.8 All interpretations and decisions of the Architect
shall be consistent with the intent of the Contract Docu-
ments. In his capacity as interpreter and judge, he will
exercise his best efforts to insure faithful performance by
both the Owner and the Contractor and will not show
partiality to either.
2.2.9 The Architect's decisions in matters relating to
rrtistic effect will be final if consistent with the intent of
the Contract Documents.
2.2.10 Any claim, dispute or other matter that has been
eferred to the Architect, except those relating to artistic
!ffect as provided in Subparagraph 2.2.9 and except any
which have been waived by the making or acceptance
of final payment as provided in Subparagraphs 9.7.5 and
9.7.6, shall be subject to arbitration upon the written
demand of either party. However, no demand for arbitra-
tion of any such claim, dispute or other matter may be
made until the earlier of:
2.2.10.1 The date on which the Architect has rendered
his written decision, or
.2 the tenth day after the parties have presented
their evidence to the Architect or have been
given a reasonable opportunity to do so, if the
Architect has not rendered his written decision
by that date.
2.2.11 If a decision of the Architect is made in writing
and states that it is final but subject to appeal, no demand
for arbitration of a claim, dispute or other matter covered
by such decision may be made later than thirty days after
the date on which the party making the demand received
the decision. The failure to demand arbitration within
said thirty days' period will result in the Architect's deci-
sion becoming final and binding upon the Owner and the
Contractor. If the Architect renders a decision after arbi-
tration proceedings have been initiated, such decision
may be entered as evidence but will not supersede any
arbitration proceedings unless the decision is acceptable
to the parties concerned.
2.2.12 The Architect will have authority to reject V1/ork
which does not conform to the Contract Documents.
Whenever, in his reasonable opinion, he considers it
necessary or advisable to insure the proper implementa-
tion of the intent of the Contract Documents, he will
have authority to require special inspection or testing of
the Work in accordance with Subparagraph 7.8.2 whether
or not such Work be then fabricated, installed or com-
pleted. However, neither the Architect's authority to act
under this Subparagraph 2.2.12, nor any decision made
by him in good faith either to exercise or not to exercise
such authority, shall give rise to any duty or responsibility
of the Architect to the Contractor, any Subcontractor,
any of their agents or employees, or any other person
performing any of the Work.
2.2.13 The Architect will review Shop Drawings and
Samples as provided in Subparagraphs 4.13.1 through
4.13.8 inclusive.
2.2.14 The Architect will prepare Change Orders in ac-
cordance with Article 12, and will have authority to order
minor changes in the Work as provided in Subparagraph
12.3.1.
2.2.15 The Architect will conduct inspections to deter-
mine the dates of Substantial Completion and final com-
pletion, will receive and review written guarantees and
related documents required by the Contract and assembled
by the Contractor and will issue a final Certificate for
Payment.
2.2.16 If the Owner and Architect agree, the Architect
will provide one or more Full-Time Project Representatives
to assist the Architect in carrying out his responsibilities
at the site. The duties, responsibilities and limitations of
authority of any such Project Representative shall be as
set forth in an exhibit to be incorporated in the Contract
Documents.
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTH EDITION ? APRIL 1970 ED.
6 AIA? ? ? 1970 ? THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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2.2.17 The duties, responsibilities and limitations of
authority of the Architect as the Owner's representative
during construction as set forth in Articles 1 through 14
inclusive of these General Conditions will not be modi-
fied or extended without written consent of the Owner,
the Contractor and the Architect.
2.2.18 The Architect will not be responsible for the acts
or omissions of the Contractor, any Subcontractors, or
any of their agents or employees, or any other persons
performing any of the Work.
2.2.19 In case of the termination of the employment of
the Architect, the Owner shall appoint an architect
against whom the Contractor makes no reasonable objec-
tion, whose status under the Contract Documents shall
be that of the former architect. Any dispute in connec-
tion with such appointment shall be subject to arbitration.
3.1 DEFINITION
3.1.1 The Owner is the person or organization identified
as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number and
masculine in gender. The term Owner means the Owner
or his authorized representative.
3.2 INFORMATION AND SERVICES REQUIRED
OF THE OWNER
3.2.1 The Owner shall furnish all surveys describing the
physical characteristics, legal limits and utility locations
for the site of the Project.
3.2.2 The Owner shall secure and pay for easements for
permanent structures or permanent changes in existing
facilities.
3.2.3 Information or services under the Owner's control
shall be furnished by the Owner with reasonable prompt-
ness to avoid delay in the orderly progress of the Work.
3.2.4 The Owner shall issue all instructions to the Con-
tractor through the Architect.
3.2.5 The foregoing are in addition to other duties and
responsibilities of the Owner enumerated herein and
especially those in respect to Payment and Insurance in
Articles 9 and 11 respectively.
3.3 OWNER'S RIGHT TO STOP THE WORK
3.3.1 If the Contractor fails to correct defective Work
or persistently fails to supply materials or equipment in
accordance with the Contract Documents, the Owner
may order the Contractor to stop the Work, or any por-
tion thereof, until the cause for such order has been
eliminated.
3.4 OWNER'S RIGHT TO CARRY OUT THE WORK
3.4.1 If the Contractor defaults or neglects to carry out
the Work in accordance with the Contract Documents
or fails to perform any provision of the Contract, the
Owner may, after seven days' written notice to the Con-
tractor and without prejudice to any other remedy he
may have, make good such deficiencies. In such case an
appropriate Change order shall be issued deducting from
the payments then or thereafter due the Contractor the
cost of correcting such deficiencies, including the cost
of the Architect's additional services made necessary by
such default, neglect or failure. The Architect must ap-
prove both such action and the amount charged to the
Contractor. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the
Contractor shall pay the difference to the Owner.
ARTICLE 4
CONTRACTOR
4.1 DEFINITION
4.1.1 The Contractor is the person or organization identi-
fied as such in the Agreement and is referred to through-
out the Contract Documents as if singular in number and
masculine in gender. The term Contractor means the
Contractor or his authorized representative.
4.2 REVIEW OF CONTRACT DOCUMENTS
4.2.1 The Contractor shall carefully study and compare
the Contract Documents and shall at once report to the
Architect any error, inconsistency or omission he may
discover. The Contractor shall not be liable to the Owner
or the Architect for any damage resulting from any such
errors, inconsistencies or omissions in the Contract Docu-
ments. The Contractor shall do no Work without Draw-
ings, Specifications or Modifications.
4.3 SUPERVISION AND CONSTRUCTION PROCEDURES
4.3.1 The Contractor shall supervise and direct the Work,
using his best skill and attention. He shall be solely re-
sponsible for all construction means, methods, tech-
niques, sequences and procedures and for coordinating
all portions of the Work under the Contract.
4.4 LABOR AND MATERIALS
4.4.1 Unless otherwise specifically noted, the Contractor
shall provide and pay for all labor, materials, equipment,
tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services
necessary for the proper execution and completion of
the Work.
4.4.2 The Contractor shall at all times enforce strict dis-
cipline and good order among his employees and shall
not employ on the Work any unfit person or anyone not
skilled in the task assigned to him.
4.5 WARRANTY
4.5.1 The Contractor warrants to the Owner and the
Architect that all materials and equipment furnished un-
der this Contract will be new unless otherwise specified,
and that all Work will be of good quality, free from faults
and defects and in conformance with the Contract Docu-
ments. All Work not so conforming to these standards
may be considered defective. If required by the Archi-
tect, the Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment.
4.6 TAXES
4.6.1 The Contractor shall pay all sales, consumer, use
and other similar taxes required by law.
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTH EDITION ? APRIL 1970 ED.
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4.7 PERMITS, FEES AND NOTICES
4.7.1 The Contractor shall secure and pay for all permits,
governmental fees and licenses necessary for the proper
execution and completion of the Work, which are appli-
cable at the time the bids are received. It is not the re-
sponsibility of the Contractor to make certain that the
Drawings and Specifications are in accordance with ap-
plicable laws, statutes, building codes and regulations.
4.7.2 The Contractor shall give all notices and comply
with all laws, ordinances, rules, regulations and orders
of any public authority bearing on the performance of
the Work. If the Contractor observes that any of the
Contract Documents are at variance therewith in any
respect, he shall promptly notify the Architect in writing,
and any necessary changes shall be adjusted by appropri-
ate Modification. If the Contractor performs any Work
knowing it to be contrary to such laws, ordinances, rules
and regulations, and without such notice to the Archi-
tect, he shall assume full responsibility therefor and shall
bear all costs attributable thereto.
1,8 CASH ALLOWANCES
8.1 The Contractor shall include in the Contract Sum
all allowances stated in the Contract Documents. These
allowances shall cover the net cost of the materials and
equipment delivered and unloaded at the site, and all
pplicable taxes. The Contractor's handling costs on the
ite, labor, installation costs, overhead, profit and other
xpenses contemplated for the original allowance shall
e included in the Contract Sum and not in the allow-
nce. The Contractor shall cause the Work covered by
hese allowances to be performed for such amounts and
y such persons as the Architect may direct, but he will
lot be required to employ persons against whom he
akes a reasonable objection. If the cost, when deter-
ined, is more than or less than the allowance, the Con-
ract Sum shall be adjusted accordingly by Change Order
vhich will include additional handling costs on the site,
abor, installation costs, overhead, profit and other ex-
enses resulting to the Contractor from any increase over
he original allowance.
.9 SUPERINTENDENT
.9.1 The Contractor shall employ a competent super-
ntendent and necessary assistants who shall be in at-
endance at the Project site during the progress of the
Vork. The superintendent shall be satisfactory to the
rchitect, and shall not be changed except with the con-
ent of the Architect, unless the superintendent proves
be unsatisfactory to the Contractor and ceases to be
his employ. The superintendent shall represent the
ontractor and all communications given to the superin-
ndent shall be as binding as if given to the Contractor.
portant communications will be confirmed in writing.
ther communications will be so confirmed on written
quest in each case.
.10 RESPONSIBILITY FOR THOSE PERFORMING
THE WORK
.10.1 The Contractor shall be responsible to the Owner
r the acts and omissions of all his employees and all
ubcontractors, their agents and employees, and all other
ersons performing any of the Work under a contract
ith the Contractor.
4.11 PROGRESS SCHEDULE
4.11.1 The Contractor, immediately after being awarde4l
approval an estimated progress schedule for the Won
The progress schedule shall be related to the entire Proj
ect to the extent required by the Contract Docun-ient
This schedule shall indicate the dates for the starting; an
completion of the various stages of construction an
shall be revised as required by the conditions of th
Work, subject to the Architect's approval.
4.12 DRAWINGS AND SPECIFICATIONS AT THIE SITE
4.12.1 The Contractor shall maintain at the site for th
Owner one copy of all Drawings, Specifications, Addenda
approved Shop Drawings, Change Orders and other Mod
ifications, in good order and marked to record all change
made during construction. These shall be available to th
Architect. The Drawings, marked to record all change
made during construction, shall be delivered to him fo
the Owner upon completion of the Work.
4.13 SHOP DRAWINGS AND SAMPLES
4.13.1 Shop Drawings are drawings, diagrams, illustra-
tions, schedules, performance charts, brochures and r_Ithe
data which are prepared by the Contractor or any Sub
contractor, manufacturer, supplier or distributor, an
which illustrate some portion of the Work..
4.13.2 Samples are physical examples furnished by the
Contractor to illustrate materials, equipment or work-
manship, and to establish standards by which the Work
will be judged.
4.13.3 The Contractor shall review, stamp with his ap-
proval and submit, with reasonable promptness and in
orderly sequence so as to cause no delay in the Work
or in the work of any other contractor, all Shop Draw-
ings and Samples required by the Contract Documents
or subsequently by the Architect as covered by Modifica-
tions. Shop Drawings and Samples shall be properly
identified as specified, or as the Architect may require.
At the time of submission the Contractor shall inform the
Architect in writing of any deviation in the Shop Draw-
ings or Samples from the requirements of the Contract
Documents.
4.13.4 By approving and submitting Shop Drawings and
Samples, the Contractor thereby represents that he has
determined and verified all field measurement!.;, field con-
struction criteria, materials, catalog numbers and similar
data, or will do so, and that he has checked and coordi-
nated each Shop Drawing and Sample with the require-
ments of the Work and of the Contract Documents.
4.13.5 The Architect will review and approve Shop
Drawings and Samples with reasonable promptness so as
to cause no delay, but only for conformance with the de-
sign concept of the Project and with the information given
in the Contract Documents. The Architect's approval of a
separate item shall not indicate approval of an assembly
in which the item functions.
4.13.6 The Contractor shall make any corrections re-
quired by the Architect and shall resubmit the required
number of corrected copies of Shop Drawings or new
Samples until approved. The Contractor shall direct spe-
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION TWELFTH EDITION ? APRIL 1970 ED.
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cific attention in writing or on resubmitted Shop Draw-
ings to revisions other than the corrections requested by
the Architect on previous submissions.
4.13.7 The Architect's approval of Shop Drawings or
Samples shall not relieve the Contractor of responsibility
for any deviation from the requirements of the Contract
Documents unless the Contractor has informed the Archi-
tect in writing of such deviation at the time of submis-
sion and the Architect has given written approval to the
specific deviation, nor shall the Architect's approval re-
lieve the Contractor from responsibility for errors or
omissions in the Shop Drawings or Samples.
4.13.8 No portion of the Work requiring a Shop Drawing
or Sample submission shall be commenced until the
submission has been approved by the Architect. All such
portions of the Work shall be in accordance with ap-
proved Shop Drawings and Samples.
4.14 USE OF SITE
4.14.1 The Contractor shall confine operations at the
site to areas permitted by law, ordinances, permits and
the Contract Documents and shall not unreasonably en-
cumber the site with any materials or equipment.
4.15 CUTTING AND PATCHING OF WORK
4.15.1 The Contractor shall do all cutting, fitting or
patching of his Work that may be required to make its
several parts fit together properly, and shall not endanger
any Work by cutting, excavating or otherwise altering the
Work or any part of it.
4.16 CLEANING UP
4.16.1 The Contractor at all times shall keep the prem-
ises free from accumulation of waste materials or rubbish
caused by his operations. At the completion of the Work
he shall remove all his waste materials and rubbish from
and about the Project as well as all his tools, construc-
tion equipment, machinery and surplus materials, and
shall clean all glass surfaces and leave the Work "broom-
clean" or its equivalent, except as otherwise specified.
4.16.2 If the Contractor fails to clean up, the Owner
may do so and the cost thereof shall be charged to the
Contractor as provided in Paragraph 3.4.
4.17 COMMUNICATIONS
4.17.1 The Contractor shall forward all communications
to the Owner through the Architect.
4.18 INDEMNIFICATION
4.18.1 The Contractor shall indemnify and hold harmless
the Owner and the Architect and their agents and em-
ployees from and against all claims, damages, losses and
expenses including attorneys' fees arising out of or re-
sulting from the performance of the Work, provided that
any such claim, damage, loss or expense (1) is attributable
to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property (other than the
Work itself) including the loss of use resulting there-
from, and (2) is caused in whole or in part by any negli-
gent act or omission of the Contractor, any Subcontrac-
tor, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part y a
party indemnified hereunder.
4.18.2 In any and all claims against the Owner or the
Architect or any of their agents or employees by any em-
ployee of the Contractor, any Subcontractor, anyone di-
rectly or indirectly employed by any of them or anyone
for whose acts any of them may be liable, the indemnifi-
cation obligation under this Paragraph 4.18 shall not be
limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by
or for the Contractor or any Subcontractor under work-
men's compensation acts, disability benefit acts or other
employee benefit acts.
4.18.3 The obligations of the Contractor under this Para-
graph 4.18 shall not extend to the liability of the Archi-
tect, his agents or employees arising out of (1) the prepa-
ration or approval of maps, drawings, opinions, reports,
surveys, Change Orders, designs or specifications, or (2)
the giving of or the failure to give directions or instruc-
tions by the Architect, his agents or employees provided
such giving or failure to give is the primary cause of the
injury or damage.
SUBCONTRACTORS
5.1 DEFINITION
5.1.1 A Subcontractor is a person or organization who
has a direct contract with the Contractor to perform any
of the Work at the site. The term Subcontractor is re-
ferred to throughout the Contract Documents as if singu-
lar in number and masculine in gender and means a
Subcontractor or his authorized representative.
5.1.2 A Sub-subcontractor is a person or organization
who has a direct or indirect contract with a Subcontractor
to perform any of the Work at the site. The term Sub-
subcontractor is referred to throughout the Contract
Documents as if singular in number and masculine in
gender and means a Sub-subcontractor or an authorized
representative thereof.
5.1.3 Nothing contained in the Contract Documents
shall create any contractual relation between the Owner
or the Architect and any Subcontractor or Sub-subcon-
tractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless otherwise specified in the Contract Docu-
ments or in the Instructions to Bidders, the Contractor,
as soon as practicable after the award of the Contract,
shall furnish to the Architect in writing for acceptance by
the Owner and the Architect a list of the names of the
Subcontractors proposed for the principal portions of the
Work. The Architect shall promptly notify the Contrac-
tor in writing if either the owner or the Architect, after
due investigation, has reasonable objection to any Sub-
contractor on such list and does not accept him. Failure
of the Owner or Architect to make objection promptly to
any Subcontractor on the list shall constitute acceptance
of such Subcontractor.
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5.2.2 The Contractor shall not contract with any Sub-
contractor or any person or organization (including those
who are to furnish materials or equipment fabricated to
a special design) proposed for portions of the Work
designated in the Contract Documents or in the Instruc-
tions to Bidders or, if none is so designated, with any
Subcontractor proposed for the principal portions of the
Work who has been rejected by the Owner and the
Architect. The Contractor will not be required to con-
tract with any Subcontractor or person or organization
against whom he has a reasonable objection.
5?2.3 If the Owner or Architect refuses to accept any
Subcontractor or person or organization on a list sub-
rnitted by the Contractor in response to the requirements
of the Contract Documents or the Instructions to Bidders,
the Contractor shall submit an acceptable substitute and
the Contract Sum shall be increased or decreased by the
difference in cost occasioned by such substitution and an
appropriate Change Order shall be issued; however, no
increase in the Contract Sum shall be allowed for any
such substitution unless the Contractor has acted promptly
and responsively in submitting for acceptance any list
or lists of names as required by the Contract Documents
or the Instructions to Bidders.
5.2.4 If the Owner or the Architect requires a change of
any proposed Subcontractor or person or organization
previously accepted by them, the Contract Sum shall be
increased or decreased by the difference in cost occa-
sioned by such change and an appropriate Change Order
shall be issued.
5.2.5 The Contractor shall not make any substitution for
any Subcontractor or person or organization who has
been accepted by the Owner and the Architect, unless
the substitution is acceptable to the owner and the
Architect.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 All work performed for the Contractor by a Sub-
contractor shall be pursuant to an appropriate agree-
ment between the Contractor and the Subcontractor (and
where appropriate between Subcontractors and Sub-
subcontractors) which shall contain provisions that:
.1 preserve and protect the rights of the Owner and
the Architect under the Contract with respect to
the Work to be performed under the subcontract
so that the subcontracting thereof will not preju-
dice such rights;
.2 require that such Work be performed in accord-
ance with the requirements of the Contract
Documents;
.3 require submission to the Contractor of applica-
tions for payment under each subcontract to
which the Contractor is a party, in reasonable
time to enable the Contractor to apply for pay-
ment in accordance with Article 9;
.4 require that all claims for additional costs, exten-
sions of time, damages for delays or otherwise
with respect to subcontracted portions of the
Work shall be submitted to the Contractor (via
any Subcontractor or Sub-subcontractor where
appropriate) in sufficient time so that the Con-
tractor may comply in the manner provided in
the Contract Documents for like claims by the
Contractor upon the Owner;
.5 waive all rights the contracting parties may have
against one another for damages caused by fire
or other perils covered by the property insurance
described in Paragraph 11.3, except such rights as
they may have to the proceeds of such insurance
held by the Owner as trustee under Paragraph
11.3; and
.6 obligate each Subcontractor specifiically to con-
sent to the provisions of this Paragraph 5.3.
5.4 PAYMENTS TO SUBCONTRACTORS
5.4.1 The Contractor shall pay each Subcontractor, upon
receipt of payment from the Owner, an amount equal
to the percentage of completion allowed to the Con-
tractor on account of such Subcontractor's Work, less the
percentage retained from payments to the Contractor.
The Contractor shall also require each Subcontractor to
make similar payments to his subcontractors.
5.4.2 If the Architect fails to issue a Certificate for Pay-
ment for any cause which is the fault of the Contractor
and not the fault of a particular Subcontractor, the Con-
tractor shall pay that Subcontractor on demand., made at
any time after the Certificate for Payment should other-
wise have been issued., for his Work to the extent corn-
pleted, less the retained percentage.
5.4.3 The Contractor shall pay each Subcontractor a just
share of any insurance moneys received by the Contractor
under Article 11, and he shall require each Subcontractor
to make similar payments to his subcontractors.
5.4.4 The Architect may, on request and at his discretion,
furnish to any Subcontractor, if practicable, information
regarding percentages of completion certified to the Con-
tractor on account of Work done by such Subcontractors.
5.4.5 Neither the Owner nor the Architect shall have any
obligation to pay or to see to the payment of any moneys
to any Subcontractor except as may otherwise be required
by law.
SEPARATE CONTRACTS
6.1 OWNER'S RIGHT TO AWARD SEPARATE CONTRACTS
6.1.1 The Owner reserves the right to award other con-
tracts in connection with other portions of the Project
under these or similar Conditions of the Contract.
6.1.2 When separate contracts are awarded for different
portions of the Project, "the Contractor" in the contract
documents in each case shall be the contractor who signs
each separate contract.
6.2 MUTUAL RESPONSIBILITY OF CONTRACTORS
6.2.1 The Contractor shall afford other contractors rea-
sonable opportunity for the introduction and storage of
their materials and equipment and the execution of their
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work, and shall properly connect and coordinate his
Work with theirs.
6.2.2 If any part of the Contractor's Work depends for
proper execution or results upon the work of any other
separate contractor, the Contractor shall inspect and
promptly report to the Architect any apparent discrepan-
cies or defects in such work that render it unsuitable for
such proper execution and results. Failure of the Con-
tractor so to inspect and report shall constitute an accept-
ance of the other contractor's work as fit and proper to
receive his Work, except as to defects which may develop
in the other separate contractor's work after the execution
of the Contractor's Work.
6.2.3 Should the Contractor cause damage to the work
or property of any separate contractor on the Project, the
Contractor shall, upon due notice, settle with such other
contractor by agreement or arbitration, if he will so settle.
If such separate contractor sues the Owner or initiates
an arbitration proceeding on account of any damage
alleged to have been so sustained, the Owner shall notify
the Contractor who shall defend such proceedings at the
Owner's expense, and if any judgment or award against
the Owner arises therefrom the Contractor shall pay or
satisfy it and shall reimburse the Owner for all attorneys'
fees and court or arbitration costs which the Owner has
incurred.
6.3 CUTTING AND PATCHING
UNDER SEPARATE CONTRACTS
6.3.1 The Contractor shall be responsible for any cutting,
fitting and patching that may be required to complete
his Work except as otherwise specifically provided in the
Contract Documents. The Contractor shall not endanger
any work of any other contractors by cutting, excavating
or otherwise altering any work and shall not cut or alter
the work of any other contractor except with the written
consent of the Architect.
6.3.2 Any costs caused by defective or ill-timed work
shall be borne by the party responsible therefor.
6.4 OWNER'S RIGHT TO CLEAN UP
6.4.1 If a dispute arises between the separate contractors
as to their responsibility for cleaning up as required by
Paragraph 4.16, the Owner may clean up and charge the
cost thereof to the several contractors as the Architect
shall determine to be just.
party to the Contract shall assign the Contract or sublet it
as a whole without the written consent of the other, nor
shall the Contractor assign any moneys due or to become
due to him hereunder, without the previous written con-
sent of the Owner.
7.3 WRITTEN NOTICE
7.3.1 Written notice shall be deemed to have been duly
served if delivered in person to the individual or member
of the firm or to an officer of the corporation for whom
it was intended, or if delivered at or sent by registered
or certified mail to the last business address known to
him who gives the notice.
7.4 CLAIMS FOR DAMAGES
7.4.1 Should either party to the Contract suffer injury or
damage to person or property because of any act or
omission of the other party or of any of his employees,
agents or others for whose acts he is legally liable, claim
shall be made in writing to such other party within a
reasonable time after the first observance of such injury
or damage.
7.5 PERFORMANCE BOND AND
LABOR AND MATERIAL PAYMENT BOND
7.5.1 The Owner shall have the right to require the
Contractor to furnish bonds covering the faithful per-
formance of the Contract and the payment of all obliga-
tions arising thereunder if and as required in the Instruc-
tions to Bidders or elsewhere in the Contract Documents.
7.6 RIGHTS AND REMEDIES
7.6.1 The duties and obligations imposed by the Con-
tract Documents and the rights and remedies available
thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise
imposed or available by law.
7.7 ROYALTIES AND PATENTS
7.7.1 The Contractor shall pay all royalties and license
fees. He shall defend all suits or claims for infringement
of any patent rights and shall save the Owner harmless
from loss on account thereof, except that the Owner
shall be responsible for all such loss when a particular de-
sign, process or the product of a particular manufacturer
or manufacturers is specified, but if the Contractor has
reason to believe that the design, process or product
specified is an infringement of a patent, he shall be re-
sponsible for such loss unless he promptly gives such in-
formation to the Architect.
MISCELLANEOUS PROVISIONS
7.1 GOVERNING LAW
7.1.1 The Contract shall be governed by the law of the
place where the Project is located.
7.2 SUCCESSORS AND ASSIGNS
7.2.1 The Owner and the Contractor each binds him-
self, his partners, successors, assigns and legal represen-
tatives to the other party hereto and to the partners, suc-
cessors, assigns and legal representatives of such other
party in respect to all covenants, agreements and obliga-
tions contained in the Contract Documents. Neither
7.8 TESTS
7.8.1 If the Contract Documents, laws, ordinances, rules,
regulations or orders of any public authority having juris-
diction require any Work to be inspected, tested or ap-
proved, the Contractor shall give the Architect timely no-
tice of its readiness and of the date arranged so the
Architect may observe such inspection, testing or ap-
proval. The Contractor shall bear all costs of such inspec-
tions, tests and approvals unless otherwise provided.
7.8.2 If after the commencement of the Work the
Architect determines that any Work requires special in-
spection, testing, or approval which Subparagraph 7.8.1
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does not include, he will, upon written authorization
from the Owner, instruct the Contractor to order such
special inspection, testing or approval, and the Con-
tractor shall give notice as in Subparagraph 7.8.1. If such
special inspection or testing reveals a failure of the Work
to comply (1) with the requirements of the Contract
Documents or (2), with respect to the performance of the
VVork, with laws, ordinances, rules, regulations or orders
of any public authority having jurisdiction, the Contractor
shall bear all costs thereof, including the Architect's addi-
tional services made necessary by such failure; otherwise
the Owner shall bear such costs, and an appropriate
Change Order shall be issued.
7.8.3 Required certificates of inspection, testing or ap-
proval shall be secured by the Contractor and promptly
delivered by him to the Architect.
7.8.4 If the Architect wishes to observe the inspections,
tests or approvals required by this Paragraph 7.8, he will
do so promptly and, where practicable, at the source of
supply.
7.8.5 Neither the observations of the Architect in his
Administration of the Construction Contract, nor inspec-
tions, tests or approvals by persons other than the Con-
tractor shall relieve the Contractor from his obligations
to perform the Work in accordance with the Contract
Documents.
7.9 INTEREST
7.9.1 Any moneys not paid when due to either party
under this Contract shall bear interest at the legal rate in
force at the place of the Project.
7.10 ARBITRATION
7.10.1 All claims, disputes and other matters in question
arising out of, or relating to, this Contract or the breach
thereof, except as set forth in Subparagraph 2.2.9 with
respect to the Architect's decisions on matters relating
to artistic effect, and except for claims which have been
waived by the making or acceptance of final payment as
provided by Subparagraphs 9.7.5 and 9.7.6, shall be de-
eded by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually
agree otherwise. This agreement to arbitrate shall be
specifically enforceable under the prevailing arbitration
law. The award rendered by the arbitrators shall be final,
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
7,10.2 Notice of the demand for arbitration shall be filed
in writing with the other party to the Contract and with
the American Arbitration Association, and a copy shall
be filed with the Architect. The demand for arbitration
shall be made within the time limits specified in Sub-
paragraphs 2.2.10 and 2.2.11 where applicable, and in
all other cases within a reasonable time after the claim,
dispute or other matter in question has arisen, and in no
event shall it be made after the date when institution of
legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by
the applicable statute of limitations.
7.10.3 The Contractor shall carry on the Work and main-
tain the progress schedule during any arbitration pro-
ceedings, unless otherwise agreed by him and the Owner
in writing.
8.1 DEFINITIONS
8.1.1 The Contract Time is the period of time allotted in
the Contract Documents for completion of the Work.
8.1.2 The date of commencement of the Work is the
date established in a notice to proceed. If there is no
notice to proceed, it shall be the date of the Agreement
or such other date as may be established therein.
8.1.3 The Date of Substantial Completion of the Work
or designated portion thereof is the Date certified by the
Architect when construction is sufficiently complete, in
accordance with the Contract Documents, so the Owner
may occupy the Work or designated portion thereof for
the use for which it is intended.
8.1.4 The term day as used in the Contract Documents
shall mean calendar day.
8.2 PROGRESS AND COMPLETION
8.2.1 All time limits stated in the Contract Documents
are of the essence of the Contract
8.2.2 The Contractor shall begin the Work: on the date
of commencement as defined in Subparagraph 8.1.2. He
shall carry the Work forward expeditiously with adequate
forces and shall complete it within the Contract Time,
8.2.3 If a date or time of completion is included in the
Contract, it shall be the Date of Substantial Completion
as defined in Subparagraph 8.1.3, including authori ed
extensions thereto, unless otherwise provided.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in the
progress of the Work by any act or neglect of the Owner
or the Architect, or by any employee of either, or by any
separate contractor employed by the Owner, or by
changes ordered in the Work, or by labor disputes, fire,
unusual delay in transportation, unavoidable casualties or
any causes beyond the Contractor's control, or by delay
authorized by the Owner pending arbitration, or by any
cause which the Architect determines may justify the
delay, then the Contract Time shall be extended by
Change Order for such reasonable time as the Architect
may determine.
8.3.2 All claims for extension of time shall be made in
writing to the Architect no more than twenty days after
the occurrence of the delay; otherwise they shall be
waived. In the case of a continuing cause of delay only
one claim is necessary.
8.3.3 If no schedule or agreement is made stating the
dates upon which written interpretations as set forth in
Subparagraph 1.2.5 shall be furnished, then no claim for
delay shall be allowed on account of failure to furn;sh
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such interpretations until fifteen days after demand is
made for them, and not then unless such claim is
reasonable.
8.3.4 This Paragraph 8.3 does not exclude the recovery
of damages for delay by either party under other pro-
visions of the Contract Documents.
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and
is the total amount payable by the Owner to the Con-
tractor for the performance of the Work under the
Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Con-
tractor shall submit to the Architect a schedule of values
of the various portions of the Work, including quantities
if required by the Architect, aggregating the total Con-
tract Sum, divided so as to facilitate payments to Sub-
contractors in accordance with Paragraph 5.4, prepared in
such form as specified or as the Architect and the Con-
tractor may agree upon, and supported by such data to
substantiate its correctness as the Architect may require.
Each item in the schedule of values shall include its
proper share of overhead and profit. This schedule, when
approved by the Architect, shall be used only as a basis
for the Contractor's Applications for Payment.
9.3 PROGRESS PAYMENTS
9.3.1 At least ten days before each progress payment
falls due, the Contractor shall submit to the Architect an
itemized Application for Payment, supported by such
data substantiating the Contractor's right to payment as
the Owner or the Architect may require.
9.3.2 If payments are to be made on account of mate-
rials or equipment not incorporated in the Work but de
livered and suitably stored at the site, or at some other
location agreed upon in writing, such payments shall be
conditioned upon submission by the Contractor of bills
of sale or such other procedures satisfactory to the
Owner to establish the Owner's title to such materials or
equipment or otherwise protect the Owner's interest in-
cluding applicable insurance and transportation to the
site.
9.3.3 The Contractor warrants and guarantees that title
to all Work, materials and equipment covered by an
Application for Payment, whether incorporated in the
Project or not, will pass to the Owner upon the receipt
of such payment by the Contractor, free and clear of
all liens, claims, security interests or encumbrances, here-
inafter referred to in this Article 9 as "liens"; and that no
Work, materials or equipment covered by an Application
for Payment will have been acquired by the Contractor
or by any other person performing the Work at the site
or furnishing materials and equipment for the Project,
subject to an agreement under which an interest therein
or an encumbrance thereon is retained by the seller or
otherwise imposed by the Contractor or such other
person.
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9.4 CERTIFICATES FOR PAYMENT
9.4.1 If the Contractor has made Application for Pay-
ment as above, the Architect will, with reasonable
promptness but not more than seven days after the re-
ceipt of the Application, issue a Certificate for Payment
to the Owner, with a copy to the Contractor, for such
amount as he determines to be properly due, or state in
writing his reasons for withholding a Certificate as pro-
vided in Subparagraph 9.5.1.
9.4.2 The issuance of a Certificate for Payment will con-
stitute a representation by the Architect to the Owner,
based on his observations at the site as provided in Sub-
paragraph 2.2.4 and the data comprising the Applica-
tion for Payment, that the Work has progressed to the
point indicated; that, to the best of his knowledge, in-
formation and belief, the quality of the Work is in ac-
cordance with the Contract Documents (subject to an
evaluation of the Work for conformance with the Con-
tract Documents upon Substantial Completion, to the
results of any subsequent tests required by the Contract
Documents, to minor deviations from the Contract Docu-
ments correctable prior to completion, and to any spe-
cific qualifications stated in his Certificate); and that the
Contractor is entitled to payment in the amount certified.
In addition, the Architect's final Certificate for Payment
will constitute a further representation that the condi-
tions precedent to the Contractor's being entitled to final
payment as set forth in Subparagraph 9.7.2 have been
fulfilled. However, by issuing a Certificate for Payment,
the Architect shall not thereby be deemed to represent
that he has made exhaustive or continuous on-site
inspections to check the quality or quantity of the Work
or that he has reviewed the construction means, methods,
techniques, sequences or procedures, or that he has
made any examination to ascertain how or for what
purpose the Contractor has used the moneys previously
paid on account of the Contract Sum.
9.4.3 After the Architect has issued a Certificate for Pay-
ment, the Owner shall make payment in the manner pro-
vided in the Agreement.
9.4.4 No certificate for a progress payment, nor any
progress payment, nor any partial or entire use or oc-
cupancy of the Project by the Owner, shall constitute an
acceptance of any Work not in accordance with the Con-
tract Documents.
9,5 PAYMENTS WITHHELD
9.5.1 The Architect may decline to approve an Appli-
cation for Payment and may withhold his Certificate in
whole or in part, to the extent necessary reasonably to
protect the Owner, if in his opinion he is unable to make
.representations to the Owner as provided in Subpara-
graph 9.4.2. The Architect may also decline to approve
any Applications for Payment or, because of subsequently
discovered evidence or subsequent inspections, he may
nullify the whole or any part of any Certificate for Pay-
ment previously issued, to such extent as may be neces-
sary in his opinion to protect the Owner from loss be-
cause of:
.1 defective work not remedied,
.2 third party claims filed or reasonable evidence
indicating probable filing of such claims,
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.3 failure of the Contractor to make payments prop-
erly to Subcontractors or for labor, materials or
equipment,
.4 reasonable doubt that the Work can be com-
pleted for the unpaid balance of the Contract
Sum,
.5 damage to another contractor,
.6 reasonable indication that the Work will not be
completed within the Contract Time, or
.7 unsatisfactory prosecution of the Work by the
Contractor.
9.5.2 When the above grounds in Subparagraph 9.5.1
are removed, payment shall be made for amounts with-
held because of them.
9.6 FAILURE OF PAYMENT
9.6.1 If the Architect should fail to issue any Certificate
for Payment, through no fault of the Contractor, within
seven days after receipt of the Contractor's Application
for Payment, or if the Owner should fail to pay the Con-
tractor within seven days after the date of payment es-
tablished in the Agreement any amount certified by the
Architect or awarded by arbitration, then the Contrac-
tor may, upon seven additional days' written notice to
the Owner and the Architect, stop the Work until pay-
ment of the amount owing has been received.
9.7 SUBSTANTIAL COMPLETION AND FINAL PAYMENT
9.7.1 When the Contractor determines that the Work
or a designated portion thereof acceptable to the Owner
is substantially complete, the Contractor shall prepare for
submission to the Architect a list of items to be com-
pleted or corrected. The failure to include any items
on such list does not alter the responsibility of the Con-
tractor to complete all Work in accordance with the
Contract Documents. When the Architect on the basis of
an inspection determines that the Work is substantially
complete, he will then prepare a Certificate of Substantial
Completion which shall establish the Date of Substantial
Completion, shall state the responsibilities of the Owner
and the Contractor for maintenance, heat, utilities, and
insurance, and shall fix the time within which the Con-
tractor shall complete the items listed therein. The Cer-
tificate of Substantial Completion shall be submitted to
the owner and the Contractor for their written accept-
ance of the responsibilities assigned to them in such
Certificate.
9.7.2 Upon receipt of written notice that the Work is
ready for final inspection and acceptance and upon re-
ceipt of a final Application for Payment, the Architect
will promptly make such inspection and, when he finds
the Work acceptable under the Contract Documents and
the Contract fully performed, he will promptly issue a
final Certificate for Payment stating that to the best of his
knowledge, information and belief, and on the basis of
his observations and inspections, the Work has been
completed in accordance with the terms and conditions
of the Contract Documents and that the entire balance
found to be due the Contractor, and noted in said final
Certificate, is due and payable.
9.7.3 Neither the final payment nor the remaining re-
tained percentage shall become due until the Contractor
submits to the Architect (1) an Affidavit that all payrolls,
bills for materials and equipment, and other indebtedness
connected with the Work for which the Owner or his
property might in any way be responsible, have been
paid or otherwise satisfied, (2) consent of surety, if any,
to final payment and (3), if required by the Owner, other
data establishing payment or satisfaction of all such ob-
ligations, such as receipts, releases and waivers of liens
arising out of the Contract, to the extent andl in such form
as may be designated by the Owner. If any Subcontrac-
tor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to
the Owner to indemnify him against any such lien. If
any such lien remains unsatisfied after all payments are
made, the Contractor shall refund to the Owner all
moneys that the latter may be compelled to pay in dis-
charging such lien, including all costs and reasonable at-
torneys' fees.
9.7.4 If after Substantial Completion of the Work final
completion thereof is materially delayed through no fault
of the Contractor, and the Architect so confirms, the
Owner shall, upon certification by the Architect, and with-
out terminating the Contract, make payment of the bal-
ance due for that portion of the Work fully completed
and accepted. If the remaining balance for Work not fully
completed or corrected is less than the retainage stipu-
lated in the Agreement, and if bonds have been furnished
as required in Subparagraph 7.5.1, the written consent of
the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall
be submitted by the Contractor to the Architect prior to
certification of such payment. Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims.
9.7.5 The making of final payment shall constitute a
waiver of all claims by the Owner except those arising
from:
.1 unsettled liens,
.2 faulty or defective Work appearing after Substan-
tial Completion,
.3 failure of the Work to comply with the require-
ments of the Contract Documents, or
.4 terms of any special guarantees required by the
Contract Documents.
9.7.6 The acceptance of final payment shall constitute a
waiver of all claims by the Contractor except those pre-
viously made in writing and still unsettled.
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and
programs in connection with the Work.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take all reasonable precau-
tions for the safety of, and shall provide all reasonable
protection to prevent damage, injury or loss to:
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTH EDITION ? APRIL 1970 ED.
14 AIA? ? ? 1970 ? THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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.1 all employees on the Work and all other per-
sons who may be affected thereby;
.2 all the Work and all materials and equipment
to be incorporated therein, whether in storage
on or off the site, under the care, custody or
control of the Contractor or any of his Sub-
contractors or Sub-subcontractors; and
.3 other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated
for removal, relocation or replacement in the
course of construction.
10.2.2 The Contractor shall comply with all applicable
laws, ordinances, rules, regulations and lawful orders of
any public authority having jurisdiction for the safety
of persons or property or to protect them from damage,
injury or loss. He shall erect and maintain, as required
by existing conditions and progress of the Work, all
reasonable safeguards for safety and protection, includ-
ing posting danger signs and other warnings against haz-
ards, promulgating safety regulations and notifying owners
and users of adjacent utilities.
10.2.3 When the use or storage of explosives or other
hazardous materials or equipment is necessary for the
execution of the Work, the Contractor shall exercise
the utmost care and shall carry on such activities under
the supervision of properly qualified personnel.
10.2.4 All damage or loss to any property referred to in
Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part
by the Contractor, any Subcontractor, any Sub-subcon-
tractor, or anyone directly or indirectly employed by any
of them, or by anyone for whose acts any of them may
be liable, shall be remedied by the Contractor, except
damage or loss attributable to faulty Drawings or Specifi-
cations or to the acts or omissions of the Owner or Archi-
tect or anyone employed by either of them or for whose
acts either of them may be liable, and not attributable to
the fault or negligence of the Contractor.
10.2.5 The Contractor shall designate a responsible
member of his organization at the site whose duty shall
be the prevention of accidents. This person shall be the
Contractor's superintendent unless otherwise designated
in writing by the Contractor to the Owner and the
Architect.
10.2.6 The Contractor shall not load or permit any part
of the Work to be loaded so as to endanger its safety.
10.3 EMERGENCIES
10.3.1 In any emergency affecting the safety of persons
or property, the Contractor shall act, at his discretion,
to prevent threatened damage, injury or loss. Any addi-
tional compensation or extension of time claimed by the
Contractor on account of emergency work shall be de-
termined as provided in Article 12 for Changes in the
Work.
INSURANCE
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase and maintain such
insurance as will protect him from claims set forth below
which may arise out of or result from the Contractor's
operations under the Contract, whether such operations
be by himself or by any Subcontractor or by anyone di-
rectly or indirectly employed by any of them, or by any-
one for whose acts any of them may be liable:
.1 claims under workmen's compensation, disability
benefit and other similar employee benefit acts;
.2 claims for damages because of bodily injury,
occupational sickness or disease, or death of his
employees;
.3 claims for damages because of bodily injury,
sickness or disease, or death of any person other
than his employees;
.4 claims for damages insured by usual personal
injury liability coverage which are sustained (1)
by any person as a result of an offense directly or
indirectly related to the employment of such
person by the Contractor, or (2) by any other
person; and
.5 claims for damages because of injury to or de-
struction of tangible property, including loss of
use resulting therefrom.
11.1.2 The insurance required by Subparagraph 11.1.1
shall be written for not less than any limits of liability
specified in the Contract Documents, or required by law,
whichever is greater, and shall include contractual liability
insurance as applicable to the Contractor's obligations
under Paragraph 4.18.
11.1.3 Certificates of Insurance acceptable to the Owner
shall be filed with the owner prior to commencement of
the Work. These Certificates shall contain a provision that
coverages afforded under the policies will not be can-
celled until at least fifteen days' prior written notice has
been given to the owner.
11.2 OWNER'S LIABILITY INSURANCE
11.2.1 The Owner shall be responsible for purchasing
and maintaining his own liability insurance and, at his
option,may purchase and maintain such insurance as will
protect him against claims which may arise from opera-
tions under the Contract.
11.3 PROPERTY INSURANCE
11.3.1 Unless otherwise provided, the Owner shall pur-
chase and maintain property insurance upon the entire
Work at the site to the full insurable value thereof. This
insurance shall include the interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work and shall insure against the perils of Fire, Extended
Coverage, Vandalism and Malicious Mischief.
11.3.2 The Owner shall purchase and maintain such
steam boiler and machinery insurance as may be required
by the Contract Documents or by law. This insurance
shall include the interests of the Owner, the Contractor,
Subcontractors and Sub-subcontractors in the Work.
11.3.3 Any insured loss is to be adjusted with the Owner
and made payable to the Owner as trustee for the in-
sureds, as their interests may appear, subject to the re-
quirements of any applicable mortgagee clause and of
Subparagraph 11.3.8.
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTI-I EDITION ? APRIL 1970 ED.
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11.3.4 The Owner shall file a copy of all policies with
the Contractor before an exposure to loss may occur. If
the Owner does not intend to purchase such insurance,
he shall inform the Contractor in writing prior to com-
mencement of the Work. The Contractor may then effect
insurance which will protect the interests of himself, his
Subcontractors and the Sub-subcontractors in the Work,
and by appropriate Change Order the cost thereof shall
be charged to the Owner. If the Contractor is damaged by
failure of the owner to purchase or maintain such insur-
ance and so to notify the Contractor, then the Owner
shall bear all reasonable costs properly attributable
thereto.
11.3.5 If the Contractor requests in writing that insur-
ance for special hazards be included in the property insur-
ance policy, the Owner shall, if possible, include such
insurance, and the cost thereof shall be charged to the
Contractor by appropriate Change Order.
11.3.6 The Owner and Contractor waive all rights against
each other for damages caused by fire or other perils to
the extent covered by insurance provided under this Para-
graph 11.3, except such rights as they may have to the
proceeds of such insurance held by the Owner as trustee.
The Contractor shall require similar waivers by Subcon-
tractors and Sub-subcontractors in accordance with
Clause 5.3.1.5.
11.3.7 If required in writing by any party in interest, the
Owner as trustee shall, upon the occurrence of an insured
loss, give bond for the proper performance of his duties.
He shall deposit in a separate account any money so re-
ceived, and he shall distribute it in accordance with such
agreement as the parties in interest may reach, or in ac-
cordance with an award by arbitration in which case the
procedure shall be as provided in Paragraph 7.10. If after
such loss no other special agreement is made, replace-
ment of damaged work shall be covered by an appro-
priate Change Order.
11.3.8 The Owner as trustee shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within five days
after the occurrence of loss to the Owner's exercise of
this power, and if such objection be made, arbitrators
shall be chosen as provided in Paragraph 7.10. The Owner
as trustee shall, in that case, make settlement with the
insurers in accordance with the directions of such arbi-
trators. If distribution of the insurance proceeds by
arbitration is required, the arbitrators will direct such
distribution.
11.4 LOSS OF USE INSURANCE
11.4.1 The Owner, at his option, may purchase and
maintain such insurance as will insure him against loss of
use of his property due to fire or other hazards, however
caused.
ARTICLE 12
CHANGES IN THE WORK
12.1 CHANGE ORDERS
12.1.1 The Owner, without invalidating the Contract,
may order Changes in the Work within the general scope
of the Contract consisting of additions, deletions or other
revisions, the Contract Sum and the Contract Time being
adjusted accordingly. All such Changes in the Work shall
be authorized by Change Order, and shall be executed
under the applicable conditions of the Contract Docu-
ments.
12.1.2 A Change Order is a written order to the Con-
tractor signed by the owner and the Architect, issued
after the execution of the Contract, authorizing a Change
in the Work or an adjustment in the Contract Sum or the
Contract Time. Alternatively, the Change Order may be
signed by the Architect alone, provided he has written
authority from the Owner for such procedure and that a
copy of such written authority is furnished to the Con-
tractor upon request. A Change Order may also be signed
by the Contractor if he agrees to the adjustment in the
Contract Sum or the Contract Time. The Contract Sum
and the Contract Time may be changed only by Change
Order.
12.1.3 The cost or credit to the Owner resulting fronn a
Change in the Work shall be determined in one or more
of the following ways:
.1 by mutual acceptance of a lump sum properly
itemized;
.2 by unit prices stated in the Contract Documents
or subsequently agreed upon; or
.3 by cost and a mutually acceptable fixed or per-
centage fee.
12.1.4 If none of the methods set forth in Subparagraph
12.1.3 is agreed upon, the Contractor, provided he re-
ceives a Change Order, shall promptly proceed with the
Work involved. The cost of such Work shall then be de-
termined by the Architect on the basis of the Contractor's
reasonable expenditures and savings, including, in the
case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such Case, and also
under Clause 12.1.3.3 above, the Contractor shall keep
and present, in such form as the Architect may prescribe,
an itemized accounting together with appropriate sup-
porting data. Pending final determination of cost to the
Owner, payments on account shall be made on the
Architect's Certificate for Payment. The amount of credit
to be allowed by the Contractor to the Owner for any
deletion or change which results in a net decrease in cost
will be the amount of the actual net decrease as con-
firmed by the Architect. When both additions and credits
are involved in any one change, the allowance for over-
head and profit shall be figured on the basis of net in-
crease, if any.
12.1.5 If unit prices are stated in the Contract Docu-
ments or subsequently agreed upon, and if the quantities
originally contemplated are so changed in a proposed
Change Order that application of the agreed unit prices
to the quantities of Work proposed will create a hard-
ship on the owner or the Contractor, the applicable unit
prices shall be equitably adjusted to prevent such hard-
ship.
12.1.6 Should concealed conditions encountered in the
performance of the Work below the surface of the ground
be at variance with the conditions indicated by the Con-
tract Documents or should unknown physical conditions
below the surface of the ground of an unusual nature,
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTH EDITION ? APRIL 1970 ED.
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differing materially from those ordinarily encountered and
generally recognized as inherent in work of the character
provided for in this Contract, be encountered, the Con-
tract Sum shall be equitably adjusted by Change Order
upon claim by either party made within twenty days
after the first observance of the conditions.
12.1.7 If the Contractor claims that additional cost is
involved because of (1) any written interpretation issued
pursuant to Subparagraph 1.2.5, (2) any order by the
Owner to stop the Work pursuant to Paragraph 3.3 where
the Contractor was not at fault, or (3) any written order
for a minor change in the Work issued pursuant to Para-
graph 12.3, the Contractor shall make such claim as pro-
vided in Paragraph 12.2.
12.2 CLAIMS FOR ADDITIONAL COST
12.2.1 If the Contractor wishes to make a claim for an
increase in the Contract Sum, he shall give the Architect
written notice thereof within twenty days after the occur-
rence of the event giving rise to such claim. This notice
shall be given by the Contractor before proceeding to exe-
cute the Work, except in an emergency endangering life
or property in which case the Contractor shall proceed in
accordance with Subparagraph 10.3.1. No such claim shall
be valid unless so made. If the Owner and the Contractor
cannot agree on the amount of the adjustment in the
Contract Sum, it shall be determined by the Architect.
Any change in the Contract Sum resulting from such
claim shall be authorized by Change Order.
12.3 MINOR CHANGES IN THE WORK
12.3.1 The Architect shall have authority to order minor
changes in the Work not involving an adjustment in the
Contract Sum or an extension of the Contract Time and
not inconsistent with the intent of the Contract Docu-
ments. Such changes may be effected by Field Order or
by other written order. Such changes shall be binding on
the Owner and the Contractor.
12.4 FIELD ORDERS
12.4.1 The Architect may issue written Field Orders
which interpret the Contract Documents in accordance
with Subparagraph 1.2.5 or which order minor changes
in the Work in accordance with Paragraph 12.3 without
change in Contract Sum or Contract Time. The Contractor
shall carry out such Field Orders promptly.
UNCOVERING AND CORRECTION OF WORK
13.1 UNCOVERING OF WORK
13.1.1 If any Work should be covered contrary to the re-
quest of the Architect, it must, if required by the Archi-
tect, be uncovered for his observation and replaced, at
the Contractor's expense.
13.1.2 If any other Work has been covered which the
Architect has not specifically requested to observe prior
to being covered, the Architect may request to see such
Work and it shall be uncovered by the Contractor. If
such Work be found in accordance with the Contract
Documents, the cost of uncovering and replacement
shall, by appropriate Change Order, be charged to the
Owner. If such Work be found not in accordance with
the Contract Documents, the Contractor shall pay such
costs unless it be found that this condition was caused
by a separate contractor employed as provided in Article
6, and in that event the Owner shall be responsible for
the payment of such costs.
13.2 CORRECTION OF WORK
13.2.1 The Contractor shall promptly correct all Work
rejected by the Architect as defective or as failing to con-
form to the Contract Documents whether observed
before or after Substantial Completion and whether or
not fabricated, installed or completed. The Contractor
shall bear all cost of correcting such rejected Work, in-
cluding the cost of the Architect's additional services
thereby made necessary.
13.2.2 If, within one year after the Date of Substantial
Completion or within such longer period of time as may
be prescribed by law or by the terms of any applicable
special guarantee required by the Contract Documents,
any of the Work is found to be defective or not in ac-
cordance with the Contract Documents, the Contractor
shall correct it promptly after receipt of a written notice
from the Owner to do so unless the Owner has pre-
viously given the Contractor a written acceptance of such
condition. The owner shall give such notice promptly
after discovery of the condition.
13.2.3 All such defective or non-conforming Work under
Subparagraphs 13.2.1 and 13.2.2 shall be removed from
the site if necessary, and the Work shall be corrected to
comply with the Contract Documents without cost to
the Owner.
13.2.4 The Contractor shall bear the cost of making
good all work of separate contractors destroyed or dam-
aged by such removal or correction.
13.2.5 If the Contractor does not remove such defective
or non-conforming Work within a reasonable time fixed
by written notice from the Architect, the Owner may
remove it and may store the materials or equipment at
the expense of the Contractor. If the Contractor does not
pay the cost of such removal and storage within ten days
thereafter, the Owner may upon ten additional days'
written notice sell such Work at auction or at private sale
and shall account for the net proceeds thereof, after
deducting all the costs that should have been borne by
the Contractor including compensation for additional
architectural services. If such proceeds of sale do not
cover all costs which the Contractor should have borne,
the difference shall be charged to the Contractor and an
appropriate Change Order shall be issued. If the pay-
ments then or thereafter due the Contractor are not suf-
ficient to cover such amount, the Contractor shall pay the
difference to the Owner.
13.2.6 If the Contractor fails to correct such defective
or non-conforming Work, the Owner may correct it in
accordance with Paragraph 3.4.
13.3 ACCEPTANCE OF DEFECTIVE
OR NON-CONFORMING WORK
13.3.1 If the Owner prefers to accept defective or non-
conforming Work, he may do so instead of requiring its
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION; ? TWELFTH EDITION ? APRIL 1970 ED.
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removal and correction, in which case a Change Order
will be issued to reflect an appropriate reduction in the
Contract Sum, or, if the amount is determined after final
payment, it shall be paid by the Contractor.
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 If the Work is stopped for a period of thirty
days under an order of any court or other public authority
having jurisdiction, or as a result of an act of government,
such as a declaration of a national emergency making
materials unavailable, through no act or fault of the Con-
tractor or a Subcontractor or their agents or employees
or any other persons performing any of the Work under
a contract with the Contractor, or if the Work should be
stopped for a period of thirty days by the Contractor for
the Architect's failure to issue a Certificate for Payment as
provided in Paragraph 9.6 or for the Owner's failure to
make payment thereon as provided in Paragraph 9.6,
then the Contractor may, upon seven days' written notice
to the owner and the Architect, terminate the Contract
and recover from the Owner payment for all Work exe-
cuted and for any proven loss sustained upon any ma-
terials, equipment, tools, construction equipment and
machinery, including reasonable profit and damages.
14.2 TERMINATION BY THE OWNER
14.2.1 If the Contractor is adjudged a bankrupt, or if he
makes a general assignment for the benefit of his credi-
tors, or if a receiver is appointed on account of his in-
solvency, or if he persistently or repeatedly refuses or
fails, except in cases for which extension of time is pro-
vided, to supply enough properly skilled workmen or
proper materials, or if he fails to make prompt payment
to Subcontractors or for materials or labor, or persistently
disregards laws, ordinances, rules, regulations or orders
of any public authority having jurisdiction, or otherwise
is guilty of a substantial violation of a provision of the
Contract Documents, then the Owner, upon certification
by the Architect that sufficient cause exists to justify such
action, may, without prejudice to any right or remedy
and after giving the Contractor and his surety, if any,
seven days' written notice, terminate the employment of
the Contractor and take possession of the site and of
all materials, equipment, tools, construction equipment
and machinery thereon owned by the Contractor and may
finish the Work by whatever method he may deem ex-
pedient. In such case the Contractor shall not be entitled
to receive any further payment until the Work is finished.
14.2.2 If the unpaid balance of the Contract Sum ex-
ceeds the costs of finishing the Work, including com-
pensation for the Architect's additional services, such
excess shall be paid to the Contractor. If such costs ex-
ceed such unpaid balance, the Contractor shall pay the
difference to the Owner. The costs incurred by the Owner
as herein provided shall be certified by the Architect.
AIA DOCUMENT A201 ? GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ? TWELFTH EDITION ? APRIL 1920 ED.
18 AIAM ? p 1970 ? THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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CPYRGHT THE AMERICAN INSTITUTE OF ARCHITECTS
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
as Principal, hereinafter called the Principal, and
a corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto
as Obligee, hereinafter called the Obligee, in the sum of
Dollars ($
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good. faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this day of
(Principal) (Seal)
(Surety) (Seal)
AIA DOCUMENT A310 ? BID BOND ? AIA ? ? FEBRUARY 1970 ED ? THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
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THE AMERICAN INSTITUTE OF ARCHITECTS
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Contractor, and,
as Surety, hereinafter called Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of
Dollars ($
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated 19 , entered into a contract with Owner for
in accordance with Drawings and Specifications prepared by
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
FEBRUARY 1970 ED. t:W-KVDR~f'6dMl4 Y0bO'26605-1
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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even
though there should be a default or a succession of
Signed and sealed this day of
(Principal) (Seal)
(Surely) (Seal)
A
FFEIBARUDOAR YUMEN[[)A3l -I'ERFO 1t4~ SN N D
S A49 4 ,Q73 Dt(C! WP~V TA
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall
mean the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors, adminis-
trators or successors of the Owner.
aoW05-1
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THE AMERICAN INSTITUTE OF ARCHITECTS
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Principal, and,
as Surety, hereinafter called Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of
(Here insert a sum equal to at least one-half of the contract price)
Dollars ($
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated 19 , entered into a contract with Owner for
in accordance with Drawings and Specifications prepared by
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA A111 -
PERF FEBRUDAORY 1970NED. ppr weI45RQAIJ Nse Ad&ffk171 ~Dllllf~~ll~l P,lY1D~MINWOW36GO 0~5-1 3
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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol-
lowing conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part of
water, gas, power, light, heat, oil, gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. No suit or action shall be commenced hereunder
by any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: the Principal, the
Owner, or the Surety above named, within ninety (90)
days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials
for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail
or certified mail; postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action of business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer.
b) After the expiration of one (1) year following the
date on which Principal ceased Work on said Contract,
it being understood, however, that if any limitation em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
4. The amount of this bond shall be reduced by and
to the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
Figned and sealed this day of
AIA DOCUMENT A311 ? PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND ? AIA
FEBRUARY 1970 ED. ? TAiboY6Rib 1Ftf .TR61 feii?@R20GIt ro !' clA'RDP,7."6$O1;AQ10O300020005-1 4