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Five Points Plaza, Ltd. - Reimbursement Agreement 86-D1 - St
CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HLWnNGTON BEACH To : DAn•VillelIa Frogia.. Paul E. Cook Director Finance Director Public works Subject : CERTIFICATION OF 86-D1 Date : June 11, 1986 This is to certify, in accordance with Section 3 of Reimbursement Agreement 86-D1 (copy attached) , that: 1. subject drainage facilities have been o leted, dedicated ° to and accepted by City, and 2. the builder of same is now entitled to a reimbursement of _ $129,089.92, provided sufficient funds are available within the Drainage District Number 9 fund balance. Please advise us on the availability of these funds. PDC:JS•ik attachment y. REQUES . FOR CITY COUNCIL ACTION Date June 19 , 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Prepared by: Paul E. Cook, Director of Public Workk Subject: Payment of RA 86-Dl Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: Five Points Plaza, LTD. , has compensation due under the terms of Reimbursement Agreement 86-D1. Recommendation: 1. Approve a reimbursement of $129 ,089 .92 as recommended by the Director of Public Works, and 2. Authorize the Director of Finance to transfer that amount from the fund balance of Drainage District No. 9 into an expenditure account for disbursement. Analysis: On June 2, 1986, the City Council approval Reimbursement Agreement 86-Dl establishing a maximum reimbursement of $129 , 089 .92 to Five Points Plaza, LTD. , for construction of an off-site master planned storm drain facility. The construction of said facility is now completed, and the Director of Public Works recommends payment according to the terms of the agreement. The Director of Finance has certified that sufficient funds are available in the fund balance of Drainage District No. 9 to allow full payment to be made. Funding Source: Drainage District No. 9 funds. Alternative Action: Make reimbursement from General Funds. Attachments: 1. Resolution Authorizing Full .'Reimbursement 2. Certification of Director of Finance CWT:PEC:JS:dw P10 4/84 schurainro mll�s�9n June 5, 1986 CERTIFIED MAIL P 184 466 147 6/,(.1 � Mr. Paul Cook Director of Public Works I S CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 Main Street Huntington Beach, CA 92648 F - RE: REIMBURSEMENT AGREEMENT 86-2FOR STORM DRAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND FIVE POINTS PLAZA, LTD.. Dear Mr. Cook: Pursuant to the instruction of Mr. Bill Patapoff, we are by this letter making formal request for reimbursement for the storm drain project located at Loehmann's Five Points Plaza:, between Main Street and Ellis Avenue, Huntington Beach, California, Permit No. '85-266. Enclosed please find a copy of the above referenced Agreement, which has been approved by the City Council of Huntington Beach and duly executed by all appropriate parties. Please contact my office immediately, should you need further information or wish to impart additional instructions, so that we might draw this project to a close. Sincerely, SCHURGIN DEVE M NT CORPORATION Samuel A. Martin Vice-President Construction SAM/j sr Enclosure ©SP"F'• OF p�1CtL:l� �f4.OF2K9 cc: Bill Patapoff w/encl. Mark Schurgin w/encl. Rosalind Schurgin w/encl. H �®d c"CA0P. Schurgin Development Corporation CORPORATE OFFICES•3425 McLaughlin Avenue, Suite 201, Los Angeles, California 90066 213/390-8841 • New Jersey Office 201/587-9110 •Chicago Office 312/948-8480 JUN 0 5 1986 CITY OF HUNTING'TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 4, 1986 Five Points Plaza Schurgin Development Corp. 3425 McLaughlin Avenue- #201 Huntington Beach, CA 90066 The City Council of the City of Huntington Beach at its meeting of June 2, 1986, approved Reimbursement Agreement No. 86-D1 for storm drain construction in connection with your development at 18635 - 18675 Beach Boulevard, Huntington Beach. Enclosed is a duly executed copy of said agreement. Please contact Mr. Bill Patapoff, Department of Public Works for further information - 536-5431. ALICIA M. WENTWORTH, CITY CLERK By: a, Connie A. Brockway Deputy City Clerk AMId:cb enc. 1 (Telephone:714-536.52271 REIMBURSEMENT AGREEMENT 86-Dl FOR STORM DRAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND FIVE POINTS PLAZA, LTD. THIS AGREEMENT is made and entered into on this day of 19 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and FIVE POINTS PLAZA, LTD. , a limited partnership organized and existing under California law, hereinafter referred to as "BUILDER" . WHEREAS, BUILDER has at its own cost and expense installed storm drain improvements, hereinafter referred to as "FACILITIES" , for the benefit of the commercial development at 18635-18575 Beach Blvd. and adjacent properties; and, PURSUA_VT to Chapter 99 of the Huntington Beach Ordinance Code (HBOC) , FACILITIES contain supplemental size, capacity or number for the benefit of property not within BUILDER' s commercial development; and, FACILITIES have been constructed in conformance with plans and specifications approved by CITY' s Director of Public Works and have been duly dedicated to CITY, and consist of 484 lineal feet of 36-inch R.C.P . storm drain, 208 lineal feet of 30-inch R.C.P . storm drain and 108 lineal feet of 27-inch R.C .P . storm drain, and all of said Facilities are deemed " supplemental" for purposes hereof (attached hereto as Exhibit "A" , and by this reference made a part hereof, is a map depicting FACILITIES and the area thereby served) ; and, (Five Points Plaza) . 1. 1 y • y IN accordance with the Subdivision Map Act of the State of California and HBOC Chapter 99, CITY is required to reimburse BUILDER for the cost of the supplemental portion of FACILITIES. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: 1. CONSTRUCTION BUILDER has constructed FACILITIES at a total cost of One-hundred Twenty-nine Thousand, Eighty-nine Dollars and - Ninety-two Cents ( $129, 089.92 ) . 2 . DEDICATION BUILDER has dedicated FACILITIES to CITY. 3 . REIMBURSEMENT The total reimbursement to be paid BUILDER for the supplemental portion of FACILITIES is the sum of One-hundred Twenty-nine Thousand, Eighty-nine Dollars and Ninety-two Cents ($129,089.92 ) , plus legal interest accrued hereunder to the date of said reibursement. Said reimbursement shall be made by CITY to BUILDER upon certification of CITY' s Director of Public Works to its Finance Director that BUILDER is entitled to such. 4. LIABILITY .OF CITY CITY shall not be liable to BUILDER for payment of any reimbursement by reason of city' s failure to collect or receive from any subsequent developer the service hook-up fee for connecting into FACILITIES. CITY' S refusal to allow any subsequent developer to connect into FACILITIES constructed by BUILDER shall not make CITY liable to BUILDER for any reimbursement monies which would have accrued to BUILDER if such connection had been permitted. (Five Points Plaza) 2 . 5 . CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder because of said connection. 6 . ATTORNEY ' S FEES In the event suit is brought to enforce the terms and provisions of this Agreement a reasonable attorney' s fee, to be fixed by the court, shall be paid by BUILDER in CITY' S favor. (NO FURTHER TEXT ON THIS PAGE) (Five Points Plaza) 3 . t 7 . ENTIRETY This writing contains the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. BUILDER: FIA PAINTS PLAZA, CITY OF HUNTINGTON BEACH, a California .limwzted partnership A municipal corporation �`•" of the State of California Mark A-, Saliargin Robert ert . : an ic, dr. General Partner MAYOR Rosalind Jones Schurgin General Partner ATTEST: APPROVED AS TO FORM: Alicia Wentworth Gail Hutton JJ. ,Z CITY CLERK CITY ATTORNEY REVIE AND APPROVED: INITIATED AND APPROVED: � �1 CTM rles W. Thompson V Paul Cook City Administrator Director of Public Works (Five Points Plaza) 4. F- IiUNIAL DIST '' MAP 35-5-II - CITY OF - r � C`H UNTIL G ON BEA ) RANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP L Tal9ERT eK —.J I r7' Lam= 177 14- i •L" i qm - is J• , , ! Fr ' , I ` � KKK • 7• ' _ ~• , �I 1 1 1 1 -�: A j - ;gas ElD AV 3 t CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 4, 1986 Five Points Plaza Schurgin Development Corn, 3425 McLaughlin Avenue- 4201 Huntington Beach, CA 90066 The City Council of the City of Huntington Beach at its meeting of June 2, 1986, approved Reimbursement Agreement No. 86-D1 for storm drain construction in connection with your development at 18635 - 18675 Beach Boulevard, Huntington Beach. Enclosed is a duly executed copy of said agreement. Please contact Mr. Bill Patapoff, Department of Public Works for further information - 536-5431. ALICIA M. WENTWORTH, CITY CLERK By: Connie A. Brockway Deputy City Clerk AMW:cb enc. 1 (Telephone:714-536.5227) Y � REQUES . FOR CITY COUNCIMACTION Date May 15, 1986 Submitted to: Honorable !Mayor and City Council Submitted by: Charles W. Thompson, City AdministratA �� GAL i9b! Prepared by: Paul E. Cook, Director Public Works E -'"ter , Subject: REIMURSENIENT AGREEr^.FNT 86-D1 FOR STORM DRAIN CO FIVE POINTS PLAZA (File #83-141) Consistent with Council Policy? [yJ Yes New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: " STATEMENT OF ISSUE: Five Points Plaza, Limited, was required to construct off-site master planned drain- age facilities in conjunction with their development and are therefore seeking approval of Reimbursement Agreement 86-D1. REC011 ENDATION: Approve Reiirbursement Agreement 86-D1 which establishes a reimbursement of $129,089.92. ANALYSIS: Five Points Plaza, Limited, constructed an off-site master planned storm drain system that serves their development and other properties within the drainage area. The drainage facilities included 484 lineal feet of 36" pipe, 208 lineal feet of 30" pipe, and 108 lineal feet of 27" .storm drain pipe. They are eligible for reimbursement for these facilities in accordance with the City's Municipal Code. FUNDING SOURCE: Reimbursement will be from Drainage District 9. ATTACHMENT: Reimbursement Agreement. PEC:WAP:ik PIO 4/84 4 1 l REIMBURSEMENT AGREEMENT 86-Dl FOR STORM DRAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND FIVE POINTS PLAZA, LTD. THIS AGREEMENT is made and entered into on this day of 19 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and FIVE POINTS PLAZA, LTD. , a limited partnership organized and existing under California law, hereinafter referred to as "BUILDER" . WHEREAS, BUILDER has at its own cost and expense installed storm drain improvements, hereinafter referred to as "FACILITIES" , for the benefit of the commercial development at 18635-18575 Beach Blvd. and adjacent properties; and, PURSUANT to Chapter 99 of the Huntington Beach Ordinance Code (HBOC) , FACILITIES contain supplemental size, capacity or number for the benefit of property not within BUILDER' s commercial development; and, - FACILITIES have been constructed in conformance with plans and specifications approved by CITY' s Director of Public Works and have been duly dedicated to CITY, and consist of 484 lineal feet of 36-inch R.C.P. storm drain, 208 lineal feet of 30-inch R.C.P . storm drain and 108 lineal feet of 27-inch R.C.P . storm drain, and all of said Facilities are deemed " supplemental" for purposes hereof (attached hereto as Exhibit "A" , and by this reference made a part hereof, is a map depicting FACILITIES and the area thereby served) ; and, (.Five Points Plaza) 1. IN accordance with the Subdivision Map Act of the State of California and HBOC Chapter 99, CITY is required to reimburse BUILDER for the cost of the supplemental portion of FACILITIES. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: 1. CONSTRUCTION BUILDER has constructed FACILITIES at a total cost of One-hundred Twenty-nine Thousand, Eighty-nine Dollars and Ninety-two Cents (t129, 089. 92 ) . 2 . DEDICATION BUILDER has dedicated FACILITIES to CITY. 3 . REIMBURSEMENT The total reimbursement to be paid BUILDER for the supplemental portion of FACILITIES is the sum of One-hundred Twenty-nine Thousand, Eighty-nine Dollars and Ninety-two Cents ($129, 089.92 ) , plus legal interest accrued hereunder to the date of said reibursement. Said reimbursement shall be made by CITY to BUILDER upon certification of CITY' s .Director of Public Works to its Finance Director that BUILDER is entitled to such. 4. LIABILITY OF CITY CITY shall not be liable to BUILDER for payment of any reimbursement by reason of city' s failure to collect or receive from any subsequent developer the service hook-up fee for connecting into FACILITIES. CITY' S- refusal to allow any subsequent developer to connect into FACILITIES constructed by BUILDER shall not make CITY liable to BUILDER for any reimbursement monies which would have accrued to BUILDER if such connection had been permitted. (Five Points Plaza) 2 . s 1 5 . CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder because of said connection. 6 . ATTORNEY' S FEES In the event suit is brought to enforce the terms and provisions of this Agreement a reasonable attorney`.s fee, to be fixed by the court, shall be paid by BUILDER in CITY' S favor. (NO FURTHER TEXT ON THIS PAGE) (Five Points Plaza) 3 . 1. L 7 . ENTIRETY This writing contains the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this 1 Agreement to be executed by and through their authorized officers the day, month and year first above written. BUILDER: FIY9 POINTS PLAZA, CITY OF HUNTINGTON BEACH, a Californiaf /iirwited partnership A municipal corporation of the State of California Mark ./ gin Robert P. Mandic, Jr,? Gener 1 P tner MAYOR d< Rosalind Jones Sch in General Partner ATTEST: APPROVED AS TO FORM: Alicia Wentworth Gail Hutton CITY CLERK CITY ATTORNEY REVIE AND APPROVED: INITIATED AND APPROVED: Our rles W. Thompson V Paul Cook City Administrator Director of Public Works (Five Points Plaza) 4. I.UNI .AL DIST MAP 35-5-11j� .., CITY OF IIUNTING'I'ON BEACH I ) RANGE COUNTY, CALIFORNIA ` USE OF PRCPERTY MAP y T4l8EpT Eli i I f l'' `rT tl -i j 4 _ t Cr -C r .,.;zk. w.... - IL - r. --� �.----1 —� OWN ;agnELO avt ..r J� CITY OF HUNTINGTON BEACH White City Attorney REQUEST FOR LEGAL SERVICES Canary City Clerk Pink City Administrator Goldenrod Departmental HUNTINGTON BEACH Date Request Made By Department 2/io18� $r�� AT�OFF x SS gr,IG �A�KS INSTRUCTIONS: File request in the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney.Out- line briefly reasons for the request.Attach all information and exhibits pertinent to the subject. Type of Legal Service Requested: [ l Ordinance ( ] Insurance [ ] Other i [ ] Resolution [ ] Bonds bit. 4entreet/Agreement [ I Opinion All exhibits must be attached,or this request will be returned to you. b4 Exhibits Attached i 'LGAsE PPe-Ffl%5=- A G;T0RM ->V A o3 r�\a\B u RsEt•� -r QGREEM�rvT ? 86_DI FOR pFF-S \-cr CONRuGT1O1.� ©V: -To 'F%Vv OkNTS -AZA A I.IM ET A Pl�RTN6�s�1\P C'A�1S U���D �R�PA�RA-n oc� CORM Fog Cl MCA I0'bC1 CAL\- MC-- Ilift" ,- qoa 1 N FORM P Tk() j If for Council Action, If not for Council action,desired completion date Signature: Agenda deadline n Council meeting 311� I is PIO 12/79 REQUEST E H LEGAL SEEVIQ,U - CQUIRACT SEPARATION 1 . Name of Contracting Party r' IE POIIUTS RLAzA 2. Capacity of Contracting Party : (Check one) 1 ) ( ) Sole proprietor 2) ( ) Corporation 3) ( ) Unlimited partnership 4) Limited partnership 5) ( ) Other (State) 3. The purpose of this agreement is FOP- yR�g��nE►yT © G' STO Rt� �y�p�PSL�CCV iZE� 4. Who will sign the agreement M1t9,16, A •Sa"U%2 JQ �E&a6u1Na vj)MAS 0-10 1+ 'What is his/ heir title ���1ERALRTn1ERs What is their authority to sign* ( ) Owner (� General Partner ( ) Corporate officer 5. What is the duration of the agreement U, ears/months(circle No . one) 6. What is the consideration for the agreement (who pays whom and how much?) C`�� SE s 4 IZ9 i089 .92 7. When and how are the payments to be made (all in advance, all in arrears, progress payments, etc . ?) 8. Who will approve the agreement for the city initiating department9 PAyL E COo� L��R- 6-r- " yV% kc- WORKS Name , Title SEE 2. ABOVE - If 1 ) is filled in then owner signs ; if 2) then President/vice president AjaA Secretary or Treasurer = copy of authorizing action of board of directors; if 3) or 4) one or more of the gCoeral partners . g. Have the procurement ordinances and charter provisions been complied with? Yes No (circle one ) 10. What special risk to the city is involved in these agreements? �pt ( ) Food & Beverages served , ( ) Construction work , ( ) Motor, vehicles used, ( ) Maintenance work 11 . What is the latest this assignment can be completed by the City Attorney to meet your deadline? DttZCN "71 t�8� (date) 12. Does the other party desire the city to provide indemnifi- cation? Yes/No (circle one) Why? 1� 13. Has the other party been advised as to the city 's require- ments in regard to worker 's compensation, insurance and the indemnity (hold harmless) agreement? Ye /No (circle one) Have y,Q.0 handed the other party a copy of the current reso- lution and certificate of insurance blank to be filled in? Yes No (circle one) 14. Who is our, contact at the other party to resolve the con- tractual problems? Name SAM MA-2T IN Telephone 213- 390'�g41 Title 1ItCE �(Z�S1Z7�N"C — ©NSVCi lOf� 15. Have you attached a copy of the "work statement?" Yes/No If not, why not? 16. Are any State or Federal funds involved? /A ( ) State ( ) Federal All requests must be approved by a department head or the City Administrator . (approved ) 60 N ,A L D I S T� �_ MAP _-�-----r- " is ' �� •� - CITY OF y ' RUN I'I G 1 ON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP TALBERT 1 I AVE. ' is a ---- I _ JL CF- R jM1*.P•O DP _ CFC _ �-=P1 A. • 1 I. 1 1� II�_ - I I L � .- _-- 1" CO--ODQP CP I Q • i 1 •-i -LAAFIELD AVE �' i �. Schurgin January 10, 1986 CERTIFIED MAIL P 184"466 133 Mr. Bill Patapoff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 Main Street Huntington Beach, CA 92648 RE: STORM DRAIN REIMBURSEMENT Huntington Beach, California Dear Bill: Pursuant to your instruction, we are by this letter making formal request for reimbursement for the storm drain project located at Loehmann's Five Points Plaza, between Main Street and Ellis Avenue, Huntington Beach, California, Permit No. 85-266. Enclosed please find itemized expenditures in the amount of $157,047.63. Please contact my office immediately, should you need further information or wish to impart additional instructions, so that we might draw this project to a close. Sincerely, SCHUR N EyEfORENT CORPORATION Sam Martin Vice-President Construction SM/jr Enclosures cc: Mark Schurgin Rosalind Schurgin Paul Thakur Greg Patchen RECEIVED DEPT. OF PUBLIC WORK43 'JAN 15 1986 CITY Or FIUMTINGTON BEACH. CALIP. Schurgin Development Corporation CORPORATE OFFICES-3425 McLaughlin Avenue, Suite 201, Los Angeles, California 90066 213/390-8841 - New Jersey Office 201/587-9110 •Chicago Office 312/948-8480 �. Schurgin STORM DRAIN EXPENDITURES HUNTINGTON BEACH, CALIFORNIA 1. ANDREW PAPAC AND SONS - CONTRACTOR. . . . . . . . . . . . . . . . . . . . . . .$108,121.00 2. DEVELOPMENT REQUIREMENT FEES - DEPT. OF PUBLIC WORKS. . . . .$2.3;4-56:50---N 0 3. KAWES & ASSOCIATES - CIVIL ENGINEERING. . . . . . . . . . . . . . . . . . .$ 8�120 6 3 4. CONSTRUCTION PERMIT FEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,362.92 ✓ 5. DON GREEK & ASSOCIATES - ENGINEERING. . . . . . . . . . . . . . . . . . . . .$ --3,-4-38:8& 1 ,7 2e 6. PAUL'S TREE.SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,300.00 ✓ 7. FAITHFUL PERFORMANCE BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,250.00 �/ 8. WESTERN LAB - SOILS COMPACTION. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 490.00 9. PLAN CHECK FEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 175.00 1-"' 10. FEDERAL EXPRESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ --82.50 11. MAILGRAMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 23:00 12. CERTIFIED MAIL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10:02- 13. DELIVERY/MESSENGER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 21-4 28 14. POSTAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ -13.86- 15. IN-HOUSE PRINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ -71-0 20 16. MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .$ 1;63-2 60-- 17. TELEPHONE CALLS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ --55:25 TOTAL. . . . . .$157,047.63 RECEIVE ® DEPT. OF PUGLIC WORKS JAN 151986 CITY OF HUNTINGSTON BEACH. CALIF. Schurgin Development Corporation CORPORATE OFFICES•3425 McLaughlin Avenue, Suite 201, Los Angeles, California 90066 213/390-8841 •New Jersey Office 201/587-9110 •Chicago Office 312/948-8480 t INVOICE ANDREW PAPAL and SONS GENERAL CONTRACTORS TELEPHONE 213/443-4061 283-4027 2030 SANTA ANITA AVE. SOUTH EL MONTE, CALIF. 91733 SCHURGIN DEVELOPMENT CORPORATION October 21, 1985 3425 McLaughlin Avenue, Suite 201 Los Angeles, CA 90066 INVOICE 811 DATE D E S C R I P T I O N AMOUNT STORM DRAIN, HUNTINGTON BEACH, CA - W.O. NUMBER 132 10/21/85 100% COMPLETION ON ABOVE REFERENCED PROJECT 105,821. 00 TOTAL DUE THIS INVOICE $105,821. 00 Y INVOICE ANDREW PAPAL and SONS GENERAL CONTRACTORS TELEPHONE 213l443-4061 283-4027 2030 SANTA ANNTA AVE. SOUTH EL MONTE, CALIF. 91733 SCHURGIN DEVELOPMENT CORPORATION 3425 McLaughlin Avenue, Suite 201 Los Angeles, CA 90066 INVOICE 825 DATE DESCRIPTION AMOUNT EXTRA WORK - STORM DRAIN - HUNTINGTON BEACH, CA W.O. NUMBER 132 36" FRAME & COVER IN LIEU OF 24" 36" PIPE IN LIEU OF 30" REPLACEMENT OF CATCH BASIN DECK ON MAIN STREET AS REQUESTED BY THE CITY OF HUNTINGTON BEACH LUMP SUM 2,300. 00 TOTAL DUE THIS INVOICE $2,300. 00 EC I z'CITY OF: HUNTINGTON BEACH MttT P:0. Soft 1 CALIFORNIA Public Works Department , z + 0 1 ._ lwrookatibn #210 34 C2 .50 7 meat of.,Public Works• - 00_ _ � �; ,meet Requirements ` a , (83-141.) Beach aricl- Main Gentlemen: A copy of your application for development at the above loca- tion has been forwarded to this office® In an effort to assist you in processing your application, we have sent this letter in- forming you of the various fees®, dedications and other conditions involving public works requirements per the Huntington' Reach Municipal Code. The items checked' in* dicate those- fees and, requirements' of the Department of Pub1 ,Tq1®.rkswhgch aye a- condition of - approval ®f your devel® ent®' �17e `i�eo , which _are_subject to change b Cou" ' , teti®n . .'pei anae pt ci to:-isaiii . ' �- "If ded'ica of - s_- erased pleasehaveYie attached deed a sigiaed, notarized and-returned to this office for" ptoi cessing.. Proof- of ownership must accompany ,deed or it. will not he� accepted•®- -All other requirements must be completed prior to occupancy® If street improvements are required: the Muinicipal Coda states that the street improvement plans must he -submitted to the City for plan check prior , to issuance of building permits,4 Additionally® tho street -improvements must -be -•completed prior to framing ,inspection®• , Please .be advised that other City departments -may have_ kequire�.-_- vents in addition to those listed herein® if you, have -any questiorise please contact Mr® Bruce Crosby or Jim Hibbard at (714) 536454310 FEES ' O'sewer Q $ 195.00for the ,first dwelling unit, plus the sum of $ 130. 00for each additional dwelling unit on parcels containing less than 10,000 square feet. 1 unit @$195/unit $195.00 units @.$130,/unit $ Total ❑ $130.00, "r dwelling unit or $645• per acre. whichever is greater for _parcels .containing .more than 10,000 sq. ft. units @ $130/unit $ acreas @ ,$645/acre S tie $ 645(,per acre f-or. all commercial and industrial. developments. .credit 3:71 acres .E $645/acre $ 2,392.95 - j2LOO = $1,897.95 Orange County Sanitation District Nos. 3 *adabm $50 for each 1000 sq. ft. of floor area• with• a $25.0/min. (camercial and industrial) AS 775. s:f., 0 $50/1000 s.f.' $21,288.75 , ❑ .$150.00 per &Vell ng, unit . units # .$250/unit $ Water $ 6WOer dwelling ,unit or. $300/per. acre whichever is , .greater. . . 'unitti @ $60/unit 3.71 . acres @ $300/acre S1.i i 00 _. ❑ $12.00 per, unit for water, used during construction units @$12/unit ;S Drainage - Your property is located- in Drainage District, 'No., 9 for which the fee, is $ 7,250.00. per -acre. OL t . . �. _3.71 ' Acres @ $ 7,250.00 /acre• _ $26,,897.50 .3,441A0 = $23,456.50 ❑ DAvctoper to pay cost of paving l/2 of�. and 1/2 of alley -2- CASH-RECEIPT . ® '.Si-TY•C ATINGTON BEACH sox �WUNTINGTON BEACH,CALIEORNIA'97640 �i 18 ���� (714)06 551 1 J CITY TREASURER-WARREN G. WALL lee;g� OEPT:ISSUINGT Gi- DATE "RECEIVED FROM I 6 7� a6e5o hE� ; ®da , ° ® .3=® bw AMOUNT RECEIVED ° CASHO CHECK ...d n. RECEIVED BY ' x• ACCOUNT "AMOUNT 9 � ' �mv�y r - agri:.-Ee•r 7 TOTAL ,o 0 No, 2 717 5 3 cusruMEA �� °'j", A •_. t';;•a°@` _'•�• 6.6y >4 tr ..f, iy r }• - e 9 v t v'.�` •`0.. .3.:. ai.* . `• , ...m. .o. ,,,.,,. � l¢ rl.4 ,• 1.pa ®. ... r~ +.cros_ =.cis _•��®-''`va :' •'p; -',�,j'•'w ' ..P�.®Lh r,,� 1 .`$J •- - S•'A .' .. !e;.. a �. r . .'�' .. Rg�',fP'-.:b'- .k'a'S"�.. .:'`�,•'�:,s%.-t?..- ,,:,.�..y'J/Ay a,.�•�...x _ v v M r ' 1 _ ,,,, .� 4' a•w,+�a, ,fib` .-e ,&q.q. .�r•� ... •�� .:.�r,•i([ai'l;'•,�+sx+�'�.-�-,:�1r.'g5! ;''.�,f�..��+��•xs.,«a,«" �':c5'�!`' a ,;Y- .. =;z';a� .. 'y„},..��..,�.�,*,`^'�`.:��iri ,• `�;:oG!�',' .. . FIVE POINTS PLAZA 1028 r 3425 MC LAUGHLIN AVE. #210 LOS ANGELES, CA 00056 161/1220 January 5, 19 84 PAY'1'O THE ORDER OF City of Huntin ton Beach 23,456.50 D O L 1. A R S SECURITY PACIFIC NATIONAL BANKS West San Marino Branch $05 Huntington Drive,San Marino,Calif.91108 FOR Fees II200 LO Mile •1: L 2 200004 31: 2601,104 5998ii' AW .•.+:✓--'�4.:::.'xi4'7Ki'�•�.:I:L�:^L,..�.�:t3.::�::s-"W.u.'�LJI:' . -� .±-.,.....--... ...._.. .6.. ............,.-r..:-........_�_..-....._-.__..-. _�.._.. _.�._..._d:.�-w•..w•%...•.mot � .• t1--..__�...�_._ .. '�.- -- - — - �-�+--�—o-.`••.�,+r f..y► _ a-' - - '- - •. -• _ -- �- _rem'..•--► ..H�' " �o% "s•".'Up+{'t:,d 4��....1•n i;Y1: `i^,t air-'(: ....i'y.-w+; n^ A 5., - .. .: r . ..�•' ,� *6 DRAINAGE PROBLEM - STORM DRAIN Contract was a "time & material" y Invoice # Amount Description 294 $1,682.00 Calculations 319 $1,310. 0 Analysis 341 $ 300.00 City Meeting 361 $4,284.00 Final Design 371 $1,096.50 Plan Check Requirements $8,712.50 g(o(,3 k -- PLEASE REMIT TO: N V O I C E 2804 Beverly Blvd. Las Angeles , California 90057 J (213)384-7418 �J No. chur;in Ul�vclop;-.,,.:nt Co. owra 1-.'&Y'ch 7, 19 64a- :;42�) :ic Lauohlln Ave. P.O. suite 2t,l hOs IITI(Jelc.,i, CA. 90066 W.O.• 94G01 L J o�scRl�YION Additional Services t'oint Plaza Beach & !•lain root PROFIESSIONALSERVICES Thru aebruary 29 , 19b4 Per Scoj'C of work dated 3/1/84 d 1/14/b4 rroc u a l,ur►ait with CalTrans . begin dusiyn of utility plan and bu(:in liyurology & hyuraulic calculations to resolvt! uraina,,e: c.roLlcm. 1.ttend mt:etings re(}arding storm drain. i.uz,- .;arch aL City for drainage ordinance: and transmit to client.. L-miduct field survey of adjacent lot and storm brain and street cr.o6:s sections. 01 1-ice: hr:; �.�l 1-►)_w I� �1 V r/li r � , El j L . J V 1 a nL� and ruimLurtial,lub Total due thib invoice $4 , �24L' .GO 1 � G6. 7 �. PLEASE RUMIT TO: KBWF S and At.miciatcm I N V O 1 C E 2804 Beverly Blvd. . Los Angeles California 90057 (213) 384-7418 0 No. -- H U 3 t aC11UrJ1f1 %t'Vr=�Uj=IlI --[It COITIJA1n� DATE 4/4/84 .341 •iGLatmillitl Ave. Suitt. 201 �.o. • - LU5 CA. 50Ub6 W.O. • :lr� 94oG1 .� DESCRIPTION Five Point Plaza rORPROressIONALSURVICES thiU March 31, 1564 Par ::uopu of work datud Dec: 19 , 1983, Pei:. 14 , 1964 b ►%Iar. 1, . .1984 . 1 . (_i.►dinc; plan 100% comply Led 1.4 .6 hra N $51.00/hr v 744 .CO r -" 2 . ULi'lity - uu-wor 6 water plan 5Ub c0tig,,1,to_. UU. O firs @ $51. 00/hr StrLi:t plan 90% coI.,,p ate 41.0 tlrs j $51.00/hr :� , U91. G0 d . ,'al tram: rormit Pioc eE;sin(a llt.etillf), Coordination, analysis c:val cation of off-site btorm drain. Offices: 21. 5 hrs @ "51.00/hr 1,096 . 50 F i.uId Toro off-site adj . lot �?j0c) 'iW6,v men crew 2. 0 hrs a $102,00/hr Sub Total 7 , 1D6 . 10 Prints, Reproduction & Reimkiursables 254 .11 Total due this invoice $7 ,450.31 s 6G3•0� r r © 5 PL6ASB REMIT TO: KaW1':5 alai Associates I N V O I C E Z ' 2804 Beverly Blvd. Los Anples , California 90057 ' (213)384-7418 No. LU0341 r :.;rhuj ji.r, LR.-Vel.op►nent Company S4�_i i�r.S tluc;hlin Avu. DAT[ May 1, 1964 Los i'lttyelt! ;, CA. 90066 - W.O. • 94002 OKSCRI►TION Huntington leach Five Points Plaza FOR PROFESSIONALs[RVIC[s March 28 , 1984 thru April 29 , 19U4 PREVIOUSLY B CUIJ'1'1Z11CT BILLED TIIIG BILL 'TOTAL 1:1LI,LU L. Grading flan 3 ,500 $3 , 498M -G- 1 $3 , 498.60 2 . ::cwl:r 1•;atl3r 4 ,50t) 4 ,105. 00 $ 61 .00 0 4 , 156 . 00 3. utl(,OL- 4 ,15U 3,723 .UU 229 . 50 2.50 4. CALTiA": T & M 3,289 . 50 :3 U . ',0 , , (,1.0.00 1 x Lr.; Vl< rc:vi;LW gradiny flan fur Perluit 8 . 5 lira 3 $51.00/453 . UO G. I-Ice;ti,ig w/Cit1. 4 .0 lira C $75 . UU/hr 30U. U0 7 . Prints anti i.cimbursables 52 .37 Total due this invoice $3,386 .87 ��T • �99 IImMIt YO: ^, KeWhS and Aemociaics I N V O I C E 2804 Beverly Blvd. Los Angeles California 40057 j (213)394.7418 j No. -�- Oue36 t 5chur:jin L'evelopment Co. oA�6 June 1, 1984 3425 McLaughlin Ave. Suite 201 Los Angeles, CA. 9OU66 _ w.o. r 94002 os�Cw1►TION Huntington Beach Five Points Plaza FOR PROFESSIONAL SKRVICKV April 30, - 1984 thru May 27 , 1984 - vIn ITUI CONTRACT p S LLE�''LY THIS BILL BILLLn 1.. Gradin(i Ulan $3 , 500 a3 , 498 .60 1 . 40 $3,500. 00 20, %Qwc;r & water 4,5U0 4 ,156 . 00 344 .00 4 ,50U.00 3. Street flan 4 , 150 3 ,952. 50 197 . 50 4 , 150.00 = 4. CATMIAI+ I'roccssl.wj & Coordination T & M 4 IIra 0$51. 00/hr 2,04 . 00 5. UI: -site ;;t.orm Drain T & M 84 .0 hrs 0$51. 00/tir 4 ,284 . 00 rinal Dr:ai�;n 6. Prir,t6 anc. t;L;i.<<uursables 119 .30 l: 'Total due this invoice $5 , 150 20 0 PLEASE REMIT TO. • r KaWES and Associall I N V O 1 c E. 2804 Beverly Blvd. Los Angeles California 90057 (213)384.7418 No. -- U00371 r:.icilur},W 1)evelopmcut Co. DATE 7/9/84 3425 :cLauglilln Ave. Lou Angeles, CP.. 9UO66 P.O.• _ w.c. • 94002 L 139SCRIPTION Five Point Plaza FOR/ROPC/SIONAL f[RVIC90 h16y 19 •-hru June 30, 1964 Per aprLUUWlIL dated )larch. 1964 1. CALTRAli;; Procesaing b coordination — permit. (ktuvi►iiun of bench Blvd. Inland opening) 13.5 lira lI $51.UU/fir $ 666.5U �. "feria Drain Plan Revialun per City Plan chct.c Ruquirtment - Fiiad location of Traffic Siguals a culturcb 1.5 lira @ $51.UU/t,r 1,UJb.�U flillte, reproduction 6 reilabursables 261.33 Total due this invoice $2,U66.35 ► • J "'UN 130AC1) 3 U S I N ES S LICENSE LICENSE DIVISION P.O. BOX 711 - , KS HUNTI`tGTON ANDIZE14 PAPAL S'SONS CALIF. 92648 - y PHONE: (714) 536-5267�y,. _ tie077M= , HUNTINCTON BEACH 09-01-85 THIS LICENSE ENTITLES ONLY CONDUCT OF �•, P3p3C Andrew cS Sons BUSINESS SIiOWN AT ABOVE ADDRESS BY 09-01-86 - 2030 N. Santa Anita RSON(S) TO WHOM LICENSE ISSUED THIS tIGENSE IS NUt:"f ANSFERRABIE.RENEWAL So E1 Monte CA 91733 DAY OF EXPIRATION. $52.50 _ $52 .50 -__ POST IN CONSPICUOUS PLACE USE BALL?O:NT PEN ONLY-P7ESS FIRMLY 1 CASH RECEIPT leCITY OF HUNTiNGTON BEACH1CrP O BOX 71- S 721 J. ���Jy oy HUNTINGTON BEACH,CALIFORNIA 92546 S 9 e C T(714)536-5511 S 7279 ' 5 OJ-j 200,9-00 M0 H11NnNLZON BEACH ITY TREA UR�Fi�J-�L'ARREN G LL S 9 05 5362.92 T L DEPT.ISSUING DATE_ RECEIVED FROM- - ADDRESS •F- - - FOR AMOUNT RECEZ[/� CASH C $�.RAM RECEIVED BY -- ACCOUNT AMOUNT 7( -- TOTAL Z FIVE POINT-) PI.A('lli WILSHIRE-WESTWOOD OFFICE C/O SCHURGIN DEVELOPMENT CORPORATION SECURITY PACIFIC NATIONAL BANK 1220 3425 MC LAUGHLIN AVE14LJ SUNEI hill I L BLVD. LOS ANNGELES, CA 90066 LOS ANGELES,S,C CA 9oo24 I I 1 (1-13) 390-8841 1 3r,010 1311.1 1 1 1 ' CHECK NO. PAY EXACTLY DATE PAY THIS AMOUNT IUly49 14h5U 132 - 1 �=s 6.2 oW2 9 Q ' 69 9 3152 .192 PAY, 'O • 1 1 1 1 A � r1Drrr PAPAC 1 SON$ T.HEI • 1 1 ORDER • ? n rl Ct.NTA AN I TA QVF OF • - o c; FL MONTE CA n17 ; 3 1 3 a 1: 12 200004 31: 2601/104 599811' 2428 N. GRAND AVE., SUITE L 6 SANTA ANA, CA 92701 Don Greek & Associates ,PN ° (714) 543-0990 Consulting Civil Engineers To: SCHURGIN DEVELOPMENT Date: January 3, 1986 3425 McLaughlin Avenue Suite ZU1 Subject: FIVE POINTS SHOPPING CENTER Los Angeles, CA 90066 Atfsntion: Janet Stubbs (File No. 1528B ) The following items are transmitted herewith ( X ) Under separate cover via ( ) No. of opies Description 1 Xerox copy of a job history from subject project. The above are submitted: At ►our request (X ) For your action ( ) For your approva 1 ( ) For your files ( ) For your review ( ) For your information ( ) Generalreinorks: Under the item/expense column there are codex we use when billing work performed leach time we are requested. The descriptions for each are as follows: 075-Storm Drain Stakes (Off-site) 076 - Storm Drain Stakes (On-site) 085 - Water Service Stakes -(this is field work) 251 - Legal Descriptions and 333 - Storm Drains - this is engineering work) . If you have any questions, please call me. it Jo Thrasher PRINTED ON- 12/31/85 JOB HISTORY REPORT PAGE 1 JOB SEGMENT JOURNAL ITEM/EXPENSE REG HOURS OT HOURS BILLABLE AMOUNT DIRECT COSTS BUDGETED ACTUAL BUDGETED ACTUAL BUDGETED ACTUAL BUDGETED ACTUAL 1528E TJ 075 0.00 0.00 0.00 0.00 1800.00 0.00 0.00 0.00 1528B TJ '07-6- 0.00 16.00 0.00 0.00 0.00 -960:00J 0.00 324.64 1528E TJ OE& 0.00 -15:00 0.00 0.00 448.00 -750-.00--- - - -0.00- . _ -284:25-..--- ----- ------------`-------._ _._. 1528B TJ 251 f, 0.00 0:00 0.00 0.00 200.00 0.00 0.00 0.00 15288 - TJ 333 0.00 36.00 0.00 0.00 600.00 1378.00 0.00 -538.00 JOURNAL TOTAL 0.00 67.00 0.00 0.00 3048.00 3088.00 0.00 -1146.89 - - SEGMENT TOTAL 0.00 67.00 0.00 0.00 3048.00 3088.00 0.00 1146.89 JOB TOTAL 0.00 67.00 0.00 0.00 3048.00 3088.00 0.00 1145.89 GRAND TOTALS_ 0s00 67.00 0.00 0.00 3048.00 0.00 1146.89 4. 1i IJ i 1 L '1 i on Greek and -Ruocoiatw CONSULTING CIVIL ENGINEERS Nov �+ ENVIRONMENTAL ENGINEERS SURVEYORS SCHURGIN DEV'='LOPME�NT DATE l i /15155 " 3425 MCL!'-UCHLIrd INVOICE NO. 12512 LOS N4GELFS CUST. NO. 1975 Joe h.10. 152aC :r '>�Q+:A�t �mu~9�:t �%•rir4r+t t' tin • ;.- - PRO;ESSIOr44,L SFR''JICES RENDER r,R• r z -D F_ Ao-�iJILT �T='RM, Rt;IiS _ • - TCTP,L 350.00 �;:,'.•' !y�K ` " ' _ • • ter•-.=•fi'p _ _. � ,_' ,.. - e ; - '•f Ry - � '{. :, w°'JJ'ti. 7 ,r� , a " n�T s•2428 N.GRAND AVE_* (714) 543 0990 SUITE L• SANTA ANA• CA. 92701 c':.,:.j• J.t" ',�`•. :'. . -+�• �•��v.•f3ri}��gsrq,G3'9�- vtisw��S...,:�r,�;,,1'•pxr,�'�i. Y• - PAUVS TREE SERVICE 2520 JEFFERSON ST. RIVERSIDE, CA 92504 (714) 687-9374 NQV DATE S Schurgin Detelopment. Corp. 1 Noy. 85 ° ' 3425 McLaughlin_ Ave. -�201 -- D L.A. Ca, 90066 O AMOUNT PAID PLEASE DETACH AND RETURN WITH REMITTANCE $ TERMS- DESCRIPTION • i Transplant 4 Palm tree& P-300-00 i i I i I CHARGES AND CREDITS FOLLOWING LAST DATE WILL APPEAR ON NEXT MONTH STATEMENT PAY LAST AMOUNT THIS COLUMN BON It NK). B213288-A i IIDni $2,250.00 L'AI'I'lll•'t1L 111-A(FORMAM.1.1 Iu)\U Wl1L•:icEAS, the City Council of the City of Huntington Beach, State of California, and FIVE POINTS PLAZA (hereinaftur designated as "Principal") hav„ cnlercd iutu an agrccnner,t ,ehercby principal agrees to install and complete certain designated public impruvenicnts, �hich said agreettient, dated , L`I . and identified as project FIVE POINTS PLAZA is hereby rcfcrred to and made a part hcreuf; and "'f1fiR AS, said principal is required under the terms ui said ai;rce- ment to furnish a bond fur the faithful performance of said agreement. Now, therefore, we the principal and FRLMON'r INDEMUVVY CUMhANY as surety, arc held and firmly bound unto the City of liuntinytun BcaLh hereinafter alled "City", in the penal suns of ONE IiUNURED T'WE[J'1'Y FIVE 'NiOUSAaU------- ---------------------------Lollars ($125,000.00-----) lawful muncy ui the lir,ited States, for the paytuent of which sum well and truly to be made, we Lind ourselves• our heirs, successors, eaecuturs and administrators, jointly and "'.—rally, firinly by these presents, '1 he cundtriun of this ubligatfun is su,h that if the above hounded prinrtpal, his or its heirs, executors. administrators, successors or as•eigns, small :n all thing. ,tams to and abide by, and well and truly keep and perform the CovenantS, conditions and provisions in the said agreement and any alteration thereof made as therein provided• on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and nicarimg, and shall indemnify and save harmless "City", 1t5 <,Mccrs• agcuts anu empluyces, as therein Stipulated, then this obligation shall ......m, null an.i void: .aLer.•ise it shall be ann remain in full f.,rce and effect. A'ri'i;,,VED A:i TO rui,Y:- LAIi.IW:'lJa, Ctl} ALL-rllcy 1_. 1�ailhful l'e rlurn,au:r ll„u,l . 1•al;e _ As a part of the obligation Se,Ufod hereby and in addition to the face auwunt specified lhurufur, there shall 1— In.h,dod .osts and reasonable expenses and fees, including reasonable aUtiriwy's iecs ut:urre,l by "Clly" in successfully enforcing s,tcil ubligattun, all to be• taxe 1 a,, ,,rots and uu lud.d in any judgnient rendered. The surety hereby stipulates and agrccS that no ,hang,, crtro-t„n of time, alteratiun or addition to the termer of the agre•entent or t,, the %vurk to be performed thereunder or the spectlicattuns a„o,nrauyu,g tl,c lame ball :o anywise affect its obligations on this bund, and it due_ hereby ,.ai%e nut.1— ut any ouch change, extension of time, alterattun ur addition to the terms ui the agreement or to the work or to Liu specific atiuns, In witness where-A, this instrum,:nt has been ,hdy c.., ,I,d by tl., principal and surety abuvc ni.n,cd. JanuarY 29 1'a 85 - i FIVE POINTS PLAZA a; 1'ruu,Hal —r ! os lind pnas y�c�iurltn liy �`'/L�. P+ark c llurg>.n Cj FRE,10t 1'I 1t1JUMNIrTY ONPANY_ s S,.rely C. Michael Henley, nttorney,in-tact li y I I,.: I'r,•,unuu cur ih,, 15:,0,1 ,:: 52. 'S0.0(1._.__.____._—_.__._�___ t �j � - - _ 4 777)) f i s 1 — i i I I i i , c � S 3 d 17- P jFIVE POINTS PLAZA 1112 I 3425 MC LAUGHLIN AVE. #210 LOS ANGELES, CA 90066 16.4/1M 9 June 29, 1984 f� I PAY TO THE ORDER OF BAYLY, MARTIN & FAY, INC. * * * * * * ** * * * * * * * * * * $ **1,350.00** 99 I EC,I I D O L L A R S SECURITY PACIFIC NATIONAL BANK c j i; Wilshire-Westwood Office I t; 10960 Wilshire Blvd., Los Angeles,Ca. 90024 I 1, ! FOR Contract Bond-Policy #B213288 Inv. #775375 -- 3 f i II°00 b b b 211° A.' b 2 200004 3 260°°y04 599811° °0000 b 5000 F j z 1 1 1 S 1 1 e 5 1 i i y . 1 ., ':,&'�+.o��i." La�.rw;:«w.'4�a'� s�#A�1:..'."�..+'7rY '��': � �aC�i��Ir,+�'.,.,.ml.4ruaa:acc��r.. .�`"`�"Fw�.'•'� w, .,wt a a.....�..i. Q q FIVE POINTS PLAZA CAM ACCOUNT ` c/o Schurgin Development Corporation 3425 McLaughlin Avenue, Suite 201 Los Angeles, CA 90066 �g 6 _F-e_br y__u.ar1.9.,—ll9 BS . . 20 o rf►t Bayly, Martin & Fay, Inc. y —0R�I R 0 °12-114-0 CENTURY CITY REGIONAL HEAD OFFICE V . - " 1801 CENTURY PARK EAST �"- . _ CENTURY CITY,CALIF.90061 Invoice. No. 786386 (additional xezuiu1uC on contract bond) 9006 ®uo 12 20"3 7 7 Glop '� 7 0 2M ?-2 b110 o�°OOa�Owa9000d1o�° INVOICE NOV 04 1985 WESTERN LABORATORIES - 13609 SOUTH NOR.MANDIE AVENUE GARDENA, CALIFORNIA 90249 (213) 321-9900 & 538-2101 October 31, 1985 Work Order 9055 Project 132 Contract T1 ` • Schurgin Development Corporation 3425 McLaughlin Avenue Suite 201 Los Angeles, California 90066 Re : Compaction Testing - Trench Backfill, Only - Proposed Storm Drain Line - Located at the Five Points Shopping Center, between Ellis Avenue and Main Street, in the City of Hunt- ington Beach, California Field Testing - 5 hours @a $40 .00/hour $ 200.00 Laboratory Maximum Density Tests & Check Maximum Density Tests - 6 hours @a $40.00/hour 240.00 Report - 50.00 FOR SERVICES RENDERED $ 490.00 c BALL POINT PEN ONLY -PRESS FIRMLY CASH RECEIPT • CITY OF HUNTINGTON BEACH II - P.O. BOX 711 Jul. HUNTINGTON BEACH,CALIFORNIA 92648 1714) 536.5511 CITY TREASURER —WARREN G. HALL OEPT_ ISSUING � � DATE RECEIVED FROM_51 Vl �J�II 1 �' 1 ADDRESS '44I/L< , c- L—hwC�4W�:i - FOR • d AMOUNT RECEIVED �q' CASHq CHECKC3 I I1 ���tc•, A.e a � �(o"G.y... ✓ RECEIVED By ACCOUNT AMOUNT ' I ' o-T'21 i k-71noo TOTAL � `�S'4� � ICI O. i _UST0 1 E R G j � b v a_ 4 s d ^eo n i v u we xj 77 FIVE POINTS PLAZA 10 6 6 3425 MC LAUGHLIN AVE. #210 r, 4 LOS ANGELES, CA 90066 51311 84 16-4/1220 19 I'AY TO ; THE ORDER OF CITY OF HUNTIATGTON BEACH $ 175.00 k I "! _r =i. DOLLARS I. 5 I SECURITY PACIFIC NATIONAL BANK c �` West San Marino Branch 805 Huntington Drive,San Marino,Calif.91108 C FOR St-nrm drain plan c-Le k J� i II°00 b0561I° ao b 2 20000 Sao 260 04 5998V / ono 00 0 .. I o � FEDERAL EXPRESS 03-08-85 SHER FIVE POINTS #435259646 $9.75 03-21-85 SHER FIVE POINTS #435259613 $9.75 05-09-85 SHER FIVE POINTS #503987050 $9.00 06-11-85 ANDREW PAPAC & SONS #769994794 $9.00 07-13-85 SHER FIVE POINTS #769745465 $9.00 07-18-85 SHER FIVE POINTS #769745524 $9.00 08-13-85 CITY OF HUNTINGTON BCH #769679536 $9.00 09-10-85 ANDREW PAPAC & SONS #769680376 $9.00 10-23-85 ANDREW PAPAC & SONS #769748534 $9.00 $82.50 MAILGRAMS 01-16-85 CITY OF HUNTINGTON BCH 4-043946SO16002 $8.75 10-09-85 ANDREW PAPAC & SONS 4-039019S282002 $14.25 $23.00 CERTIFIED MAIL 10-09-85 ANDREW PAPAC & SONS P 184 298 527 $1.67 10-15-85 ANDREW PAPAC & SONS P 184 298 528 $1.67 10-18-85 ANDREW PAPAC & SONS P 184 298 529 $1.67 10-22-85 ANDREW PAPAC & SONS P 184 298 533 S1.67 11-20-85 ANDREW PAPAC & SONS P 184 298 536 $1.67 12-31-85 ANDREW PAPAC & SONS P 184 298 542 .$1.67' DELIVERY/MESSENGER $10.02 02-29-84 CITY OF HUNTINGTON BCH 85 miles @ .22(,4/mi. $18.70 03-01-84 CITY OF HUNTINGTON BCH 85 " $18.70 10-08-84 CITY OF HUNTINGTON BCH 85 " $18.70 10-26-84 CITY OF HUNTINGTON BCH 85 " $18.70 01-30-85 CITY OF HUNTINGTON BCH 85 " $18.70 01-31-85 ATTORNEY 12 " $ 2.64 02-27-85 ATTORNEY 12 " $ 2.64 03-05-85 ATTORNEY 12 " $ .2:64 05-10-85 ANDREW PAPAC & SONS 59.5 " $13.09 06-04-85 ATTORNEY 12 " $ 2.64 06--27-85 ATTORNEY 12 " $ 2.64 07--08-85 BONDING COMPANY 25 " $ 5.50 07-08-85 ATTORNEY 12 is $ 2.64 07-12-85 ANDREW PAPAC & SONS 59.5 of $13.09 07-13-85 CITY OF HUNTINGTON BCH 85 " $18.70 07-15-85 ANDREW PAPAC & SONS 59.5 " $13.09 07-17-85 CITY OF HUNTINGTON BCH 85 " $18.70 09-03-85 PAPAC @ .another site 12 " $ 2.64 09-25-85 WESTERN LAB 32 " S 7.04 11-19-85 ANDREW PAPAC & SONS 59.5 " $13.09 $214.28 POSTAGE 33 letters & 10 lg. envelopes $13.86 IN-HOUSE PRINTING 3,551 copies @ .20�/copy $710.20 MISCELLANEOUS Reimbursement to Sher Five Points (blueprints) $114.60 Recording fee for PAPAC Bond $ 11.00 Recording fee for NOTICE OF COMPLETION $ 7.00 Administration and Overhead $1,500.00 $1,632.60 TELEPHONE CALLS 07-30-84 CITY OF HUNTINGTON BEACH .36 08-17-84 CITY OF HUNTINGTON BEACH .36 08-20-84 CITY OF HUNTINGTON BEACH .36 08-21-84 CITY OF HUNTINGTON BEACH .91 08-24-84 CITY OF HUNTINGTON BEACH .36 12-17-84 ANDREW PAPAC AND SONS .62 12-28-84 ANDREW PAPAC AND SONS .39 12-06-84 ANDREW PAPAC AND SONS .62 01-02-85 ANDREW PAPAC AND SONS .39 01-15-85 CITY OF HUNTINGTON BEACH 1.31 01-21-85 CITY OF HUNTINGTON BEACH .39 01-22-85 CITY OF HUNTINGTON BEACH 1.31 01-22-85 SHER FIVE POINTS .92 01-23-85 SHER FIVE POINTS .53 01-24-85 SHER FIVE POINTS 1.31 01-24-85 CITY OF HUNTINGTON BEACH .85 01-25-85 SHER FIVE POINTS .92 01-30-85 CITY OF HUNTINGTON BEACH .39 02-06-85 CITY OF HUNTINGTON BEACH .68 02-06-85 SHER FIVE POINTS 2.88 02-20-85 SHER FIVE POINTS 2.10 02-21-85 CITY OF HUNTINGTON BEACH .42 02-21-85 SHER FIVE POINTS 1.31 02-26-85 SHER FIVE POINTS .53 03-04-85 ANDREW PAPAC AND SONS 1.54 03-15-85 SHER FIVE POINTS .54 03-18-85 CITY OF HUNTINGTON BEACH .39 03-21-85 ANDREW PAPAC AND SONS .62 03-22-85 ANDREW PAPAC AND SONS .39 03-25-85 ANDREW PAPAC AND SONS .85 03-28-85 ANDREW PAPAC AND SONS .85 03-28-85 ANDREW PAPAC AND SONS 1.54 03-28-85 ANDREW PAPAC AND SONS .85 05-08-85 ANDREW PAPAC AND SONS .30 05-09-85 ANDREW PAPAC AND SONS .40 05-09-85 ANDREW PAPAC AND SONS .46 05-10-85 ANDREW PAPAC AND SONS 1.80 05-10-85 CITY OF HUNTINGTON BEACH .37 05-10-85 CITY OF HUNTINGTON BEACH 4.76 05-14-85 ANDREW PAPAC AND SONS .29 , 05-15-85 ANDREW PAPAC AND SONS .33 05-16-85 CITY OF HUNTINGTON BEACH .31 05-16-85 ANDREW PAPAC AND SONS .85 05-16-85 CITY OF HUNTINGTON BEACH .60 05-24-85 ANDREW PAPAC AND SONS .64 06-11-85 ANDREW PAPAC AND SONS 1.00 06-11-85 CITY OF HUNTINGTON BEACH .44 06-13-85 ANDREW PAPAC AND SONS .38 07-25-85 ANDREW PAPAC AND SONS .35 07-31-85 CITY OF HUNTINGTON BEACH .44 08-16-85 ANDREW PAPAC AND SONS .82 08-26-85 ANDREW PAPAC AND SONS .20 08-26-85 ANDREW PAPAC AND SONS .42 08-27-85 ANDREW PAPAC AND SONS .20 08-27-85 ANDREW PAPAC AND SONS .54 09-03-85 ANDREW PAPAC AND SONS .30 09-03-85 ANDREW PAPAC AND SONS 1.34 09-04-85 ANDREW PAPAC AND SONS .46 09-04-85 ANDREW PAPAC AND SONS .32 09-04-85 ANDREW PAPAC AND SONS .64 09-06-85 ANDREW PAPAC AND SONS .24 09-10-85 ANDREW PAPAC AND SONS .68 09-10-85 ANDREW PAPAC AND SONS .52 09-10-85 ANDREW PAPAC AND SONS .28 09-16-85 ANDREW PAPAC AND SONS .20 09-17-85 ANDREW PAPAC AND SONS .54 09-17-85 ANDREW PAPAC AND SONS .66 09-17-85 ANDREW PAPAC AND SONS .82 09-17-85 SHER FIVE POINTS 2.92 09-18-85 ANDREW PAPAC AND SONS .52 09-23-85 ANDREW PAPAC AND SONS .30 09-26-85 WESTERN LAB .08 09-30-85 ANDREW PAPAC AND SONS .20 10-02-85 ANDREW PAPAC AND SONS .28 10-02-85 ANDREW PAPAC AND SONS .26 $ 55.25 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUAIENT FIA5 IA!I'0RT,-,.\T 11G,AL CONSEQUE.NCES: CO.\ISULTATION WITH AN ATTORNEY IS EN:COL"R.AGED ','.'1Ti-I f,'E5iFCT TO ITS COAIPLETION OR MODIFICATION Use only tvith the 1976 Edition of AIA Document A207. General Conditions of the Contract for Construction. on. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT 111licie is of the JANUARY In the near of Nineteen Hundred and EIGHTY—FIVE Five Points Plaza, a Cal- fora__-. T � L'w Parternship BETWEEN the Owner: c/o Schurgin Development Cornmr-ation 3425 McLaughlin Avenue, Suite 201 Los Angeles, California 90066 al)d the Contractor: Andrew Papac & Sons 2030 Santa Anita Avenue South El Monte, California 91733 The ('reject: Storm Drain Huntington Beach, California The Architect: Ka—Wes & Associates 2804 Beverly Boulevard Los Angeles, California 90057 The Owner and the Contractor agree as set forth below. COPWJ.ht 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, Q-) 1977 by the American institute of Architects, 1735 New Yuri: A%enue, N.W.. Washington. D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions %%ithout permission of (tie AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 - 0\%NER-CONTRACTOR AGREEMENT - ELEVENTH EDITION - JUNE 19-7 - AIA® 1()1-1977 1 THE A.MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NAV., WASHINGTON, D.C. 20006 A ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all :tilodifications issued after exe- cution (if this Agreement. These form the Contract. and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Construction of a Storm Drain of approximately 794 linear feet of various sizes of RCP-1500D Pipe, including; pipe, backfill, concrete structures, excavation, permanent paving & striping, concrete site work, man holes, required catch basins, shoring and manpower in accordance with AILi Form (A201) and as per plans designed by Ka-[des & Associates, dated 6/01/84. E�:cluded from Contract Replacement of palm trees, exposed electrical irritation �- irino, permits, inspection fees, unforseen subterrainean structures. It;—is-weed—sur-v —tees ar-e plat: t.e e eerr—=- �_-C3.44' w A11 costs s a c .. r 3C1`4T- /i;G'/1� LC,v 3 r/'uc.T.c>iv .4Ni> :crstii�i.v "r ✓G'c�C��:�Vj (ze" AG 1_'�L J 1v .ltr�..TL ji c/rG-GTiAi�.✓ili/ L:icvc jSuc'�� 0�✓ SCNtri>yc� C L�,G �f i✓Siil!/�TiGLct' i%'Uu`y 7 c %���/J /�."� `r.S/Ci 14i�c/ L�cc cC�./�i�lL-�Jj ✓fitJ`/ gG:Ji: <3 :1U.�'N<}�i.✓! U`'c'Yc'i1//.� /7"/C'-vG GvrricJi r.�/>�x ,3G:c'•c, ,�IG.�G�c:��7'J .�/r:OGI f 'lJ.4C ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COiMPLETION The Work to be performed under this Contract shall be commenced seven (7) days after notice to x proceed. Owner reserves the right to void contract if no agreement has been agreed and. subject to authorized adjustments. Substantial Compietion shall be achieved not later than Here:a<ert an} sn,cul pro,is,ons for houidated damaees relating to iadure to cumple:e on urr.e-i 3. 1 Contractor to provide .a construction bar-chart or C.P.M. within seven (7) days after s}-going-contract. Owner reserves the right to review C•P•�J. & time, sch Jule and to respond to contractor within five (5) days after receipt of scneauges. /- 3.2 Contractor to provide a procurement schedule for RCP Pipe and all A. required couplings within seven (7) days after signim�coraet. 3.3 Papac Construction shall provide a Performance Bond in the sum Q�o equaling 1001'. of contract set forth in this document. 3.4 It is agreed that any delays to the work which are not the fault of the contractor, including but not limited to inclement weather over and above seasonal average during the period of construction, unforseen soil site conditions, acts of God, may be a cause for extensions of time to be mutually agreed- upon by owner, contractor, and City of Huntington Beach. If revisions are made by owner or City of Huntington Beach which would affect the completion time, then that portion of the work may be deleted from or added to the AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIAa C;1977 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C. 20006 A101,1977 2 * to wit t e > ty of luntington Beac wit in thirty days---alter execution nereor . c Cont'd 3.5 Time delays for equipment deliveries will not be accepted if date has not been confirmed as per procurement schedule along with daily log. 3. 6 Said Change Orders shall be provided to Owner within three (3) days and describe the reason for said delay and number of days that the Substantial Completion date shall be extended to together with all documentation to verify the extension of time requested. All Change Orders must be approved by Schurgin Development and the City of Huntington Beach prior to releasing any monies for payment of said change orders. 3. 7 All material and equipment shall be stored in a specified area on site which shall be determined at a later date. 3.8 Contractor acknowledges that this project is located on property other than that which is owned by Schurgin Development Corporation. All construction parameters, areas of work, and time schedules must be approved by owner of said property, Schurgin Development Corporation, and City of Huntington Beach before and during all construction phases of work. /ice . . .__ ... ~ice J� /-'��i�'�i=7.-✓✓.c'/ C r,/> --- __.- -.. //.r.:..::Cw'��` v�'1.4'/� �C ,.__. �S ARTICLE 4 "7 CONTRACT SUM The O�%ner shall pay the Contractor in current funds for the performance of the %York, subject to additions and deductions I)v Change Order as provided in the Contract Documents, the Contract Sum of The Contract Sum is determined as follows: $98,241.00 (lump sum) per attachment "A". tState here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) ARTICLE 5 PROGRIESS PAYMENTS Based upon Applications for Pavment submitted to the architect by the Contractor and Certificates for Pavment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- sided in rile Contract Documents for the period main,, the last day day of the month as follows: Nnt later than Twenty (20) days foiioyring the end of the period covered by the Application for Pavment Ninety percent f 90 '0) of the portion of tiht� Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and r-1 h VGS�C percent 1. cJO `;". of the portion of the Contract Sum properly allocable to materials and equipment Suitably stored at the site or at some other location agreed upon in %vriting, for the period covered by the Application for Payment, less the aggregate of previous pavments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to Ninetv percent ( 90 °b) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete %%"ork and unsettled claims as provided in the Contract Documents. (if not covered elsewhere in the Contract Documents. here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.! 5. 1 Payment will occur twenty (20) days after owner has received pay request from contractor. 5.2 Concurrent receipt by owner, owner's lender, City of Huntington Beach, and the Civil Engineer; pursuant to Article 9.3. 1. Pavments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. iHere insert any rate of interest agreed upon.) Two (2) per cent above the prime rate. .l'4ury law; and reauuements tinder the Federal Truth in Lending Act. similar mite and local consumer credit jaws and other regulations at the O.vner's and Contractor's mmc,pal places of business, the location of the Project and elsewhere may affect the validity or this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written dudoswes or svawers.r AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREE.mENT • ELEVENTH EDITION • )UNE 1977 • AIA6 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1135 NEW YORE AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 1 L\ ��i1" \j'-T ATTACHMENT "A" Papac Lump Sum Pipe, Backfill 91,314.00 Concrete Structure Included Paving Parking Lot 6,000.00 Concrete Site Work Included Main & Ellis Included Striping Included Performance Bond 900.00 �^ Landscaping __ _ 98,_241_00 � Tree Replacement 1,600.00 Survev 2,600.00 Permits By Others Jacking Included Soil Lab By Others ARTICLE 6 FINAL PAYMENT Final payment. constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been i,,ued by the Architect. Thirty (30) daysafter, and provided the contractor has complied with owner's lender's requirements, tide requirements,, and the punch list has been completed within twenty (20 days and a Notice of Completion has been filed- ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement,the Conditions of the Contract(General,Supplementarv.and other Conditions), the Drawings, the Specifications,and any Addenda and accepted alternates.showing page or sheet numbers in all cases and dates where applicable.) 7.3 All shop drawings as provided for in the plans and specifications must be submitted to the Owner fifteen (15) days prior to fabrication and/or thirty (30) days before erection or placement of material, or at such ' earlier date as may be required so as not to delay project, giving Owner no less than fifteen (15) days advance notice. �i 7.4 Contractor shall submit within fourteen (14) days of exer--ut.-ion—�o-f - tract a list of subcontractors and copies of signed contracts with any subcontract valued over $3,000.00. 7.5 Project Superintendent to keep a daily log of activities and condition of the site including weather, number of men on the job, etc. Contactor to submit copies of report at the end of each week to Owner. 7.6 With respect to credits, credits shall be the value of the credit received by the Contractor from the subcontractor but in no event shall be less than the established unit price. 7.7 Changes -or additions in the scope of the work shall be subject to the review of the Owner in regards to the fee chargeable by the Contractor for Overhead, Profit and Supervision, and in no event the aggregate fee for Overhead, Profit and Supervision shall exceed 12.5%. 7.8 All Change Orders to be sutmitted with breakdowns and all necessary back up. This Agreement entered into as of the day and year first written above. OWNER l CONTRACTOR AIA DOCUMENT A101 OWNER-CONTRACTOR AGREEMENT ELEVENTH EDITION TUNE 1977 AIA i'1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NM YORK AVE., N.w., WASHINGTON, D.C. 20006 A101-1977 4 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS LVPORTANT I-ECAI. CONtiFQI1ENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RTSPECT TO ITS MODIFICATION 1976 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 8. TI&IE 2. ARCHITECT 9. PAYiMENTS AND COMPLETION 3. OWNER "10. PROTECTION OF PERSONS AND PROPERTY 4. CONTRACTOR 1-1. INSURANCE 5. SUBCONTRACTORS -12. CHANGES IN THE WORK 6. WORK BY OWNER OR BY '13. UNCOVERING AND CORRECTION SEPARATE CONTRACTORS OF WORK 7. MISCELLANEOUS PROVISIONS '14. TERMINATION OF THE CONTRACT l hi. doctunent IL1, heed .Ipproved ,Ind endolsed by I Ill- \c,u(.iat('d General Contractors of America. I,op%,.ght 11111. P.1 IVllt. I": I'It7, I'I;I, I'tIll. 1'll.), 1'163, '190'. V)Io,. I'I-0. ,. 1976hy Ih.- Soot-oc,ln In.l.lttle of Archileet<, 174, Nr•,v 1n.k \,cm-, .^:AV \\J•tunl;Tura, 1).(- 2000(1. Kcprodm ti m ut Ihr inateri.11 ivivin or ob,tLantial (lu.,lation of its pro- ,:..ran. xv.ihnul l coni -ion r,I the A A violaly% Ili(- (opyfighl I,i,s, nl Ihv t)n.le(l SIMes and Will he subject In legal prosecution. AIA DOCUMENT A201 • GENERAL CONDITIONS OF TIIC CONTRACT IUR CUNSTRL'C11ON • IIIIRTLCNTII COITION • AUGUST 1776 I� AIA19 • d.) 1776 • IIIL AMERICAN I.WHUIE Of ARCIIII10%, 1735 NEW YORK AVLNUE, N.W., WAStIINGTON, D.C. 20006 A20 76 INDEX Acceptance of Defective or Non-Conforming Work ..6.2.2, 13.3 Cleaning Up .....................................4.15, 6.3 Acceptance of Work ............3.4.2, 9.5.5, 9.8.1, 9.9.1, 9.9.3 Commencement of the Work, Conditions Relating to..3.2.1,4.2, Access to Work ................................2.2.51 6.2.1 4.7.1, 4.10, 5.2.1, 6.2.2, 7.5, 9.2, 11.1.4, 11.3.4 Accident Prevention .......... ....................2.2.4,10 Commencement of the Work, Definition of .............8.1.2 Acts and Omissions ........2.2.4, 4.18.3, 7.4, 7.6.2, 8.3.1, 10.2.5 Communications .....................2.2.2, 3.2.6, 4.9.1, 4.16 Additional Costs, Claims for ...........................12.3 Completion, Administration of the Contract ....................2.2, 4.3.3 Conditions Relating to ...2.2.16, 4.11, 4.15,9.4.2,9.9, 13.2.2 All Risk Insurance ..................................11.3.1 COMPLETION, PAYMENTS AND ..........................9 Allowances ...........................................4.8 Completion, Substantial ....2.2.16, 8.1.1, 8.1.3, 8.2.2, 9.8, 13.2.2 Applications for Payment ..................2.2.6, 9.2, 9.3, 9.4, Compliance with Laws ................1.3, 2.1.1, 4.6,4.7,4.13, 9.5.3,9.6.1,9.82,9.9.1,9.9.3,14.2.2 7.1, 7.7, 10.2.2, 14 Approvals ...............2.2.14, 3A, 4.3.3, 4.5, 4.12.4 through Concealed Conditions .................................12.2 4.12.6, 4.12.8. 4.18.3, 7.7, 9.3.2 Consent, Arbitration ................2.2.7 through 2.2.13, 2.2.19, 6.2.5, Written ...2.2.18, 4.14.2, 7.2, 7.6.2, 9.8.1, 9.9.2, 9.9.3, 11.3.9 7.9,8.3.1,11.3.7,11.3.8 Contract, Definition of ................................1.1.2 ARCHITECT ........................................... .2 Contract Administration ..........................2.2, 4.3.3 Architect, Definition of .......... .............. .........2.1 Contract Award and Execution. Conditions Architect, Extent of Authority ....2.2, 3.4, 4.12.8, 5.2. 6.3, 7.7.2, Relating to ..........1.7.1, 4.10, 5.2, 7.5, 9.2, 11.1.4, 11.3.4 It 1.3, it.I.I 2,0 1.1.9A.9.5.3,9.6,9.8,').9.1.9.9.3. 12.1.1, CONTRACT DOCUMENTS ...............................1 12.1.4, 12.3-1. 1-1.4.1, 13.1, 13.2.1, 13.2.5, 14.2 Contract Documents, Architect, Limitations of A.uthonly and Ke<ponsthility . ....'_.2.2 Crmies rnnushed and Use of ...............1.3, 3.2.5, 5.3 through 2.2.4. 2.'.10 through 2.2.1 1, 2?.17. 2.2.18, Contract Documents, Definition of .....................1.1.1 4.1.1,4.12.6, 5.2.1,9.4."_',9.5.4,9.5.5, 12A Contract Sum, Definition of ...........................9.1.1 Ar(hileet's Additional Services ..3.41 ';"_' 1.3.'.I. 13?.5, 14.2.2 Contract Termination ."..... ... .........................14 C r,nirm t 1 inw, Definition of .. .. ......... .............8.1.1 1 Architect's Approvals ......'.2.1"1, 3.4, 4.5. �1.12.(i, 4.12.fi, •1.1iS.3 CONTRACTOR ... .. ••.•••••••'�.......................... 4. Architect's Aut Copyright to Reject Work .... ..... ... "1 ..... .1.3 Contractor, Definition of ............. ..... ........4.1, 6.1.2 Architect's Cop}•right ....... . ... .... ....................l.S Architect's Decisions ' ' 7 lhrougil '_.2.13, 6.3. 7.7.', Contractor's Employees ......4.3.2, 4.4.2, 4.8.1, 4.9, 4.18, 10.2.1 •. ......'_._. through 10.2.4, 10.2.60 10.3, 11.1.1 •1 7.9.1,3.3.1,9.2,9A.11(,.1.9.8.1. 1_1 1. 1 12.3.1 Contractor's Liability Insurance ........................11.1 Architect's Inspections ..............2.2.13, 2.2A6, 9.8.1, 9.9.1 Contractor's Relationship with Architect's Instructions ..........2.2.13. 2.2.1.5, 7.7.2, 12.4, 13.1 Separate Contractors and Owner's Forces .........3.2.7, 6 Architect's Interpretations .........2.2.7 through 2.2.10, 12.3.2 Contiactor's Relationship with Architect's On-Site Observations ......2.2.3, 2.15, 2.2.6, 2.2.17, Subcontractors .........1.2.4, 5 2, 5.3, 9.5.2, 11.3.3, 11.3.6 7.7.1, 7.7.4, 9.4.2, 9.6.1, 9.9.1 Contractor's Relationship with the Architect ........1.l 2,2.2.4, Architect's Project Representative .............._2.2.17, 2.2.18 2.1.5, 2.2.10, 2.2.13,4.3.3,4.5,4.7.3, 4.12.6,4.18, 11.3:6 Architect's Relationship with Contractor .....1.1.2, 2.2.4, 2.2.5, Contractor's Re presntations "1?.2,4.5, 4.12.5,9.3.3 f e, ............ 2.2.10, 2.2.13, 4.3.3, 4.5, 4.7.3, 4.12.6, 4.18, 11.3.6 Contra([or',; Responsibility for Architect's Relationship with Those 11.,rforminG the Work ...............4.3.2, 4.18, 10 Subcontractors .................1.1.2, 2.2.13, 9.5.3, 9.5.4 Contractor's Review of Contract Documents ....1.2?, 4.2, 4.7.3 Architect's Representations .................9.4-2, 9.6.1, 9.9.1 Contractor's Right In Slop the Work .....................9.7 Artistic Effect .......................1._'.3,2.2.11,2.2.12,7.9.1 Contra(t )r's Right to Terminate the Contract 14.1 ............ Attorneys' Fees ...........................4.18.1, 6._.5. 9.9.2 Contractor's SLlbnlittals "1.1, 4.10, 4.12, 5.2.1, , r c , Award of Separate Contracts ............6.1.1 2. , 2 _ 5.�3,9._,9.3.1,9.8.1,9.9.2,9.9.3 Contractors Superintendent .......... ...... Award of Subcontracts and Other Contracts for .....4.9, 10.2.6 Portions of the Work ..............................5.2 Contractor's Cupervision and Bonds, Lien .........................................9.9.2 Con.trclCtion Procedures ..........1.2.4, 2.2.4, 4.3, 4.4, 10 Bonds, Performance, Labor and Material 1'avment ....7.5, 9.9.3 ContraLwal Liability Insurance ........................11.1.3 Building Permit .......................................4.7 Coordination and Certificate of Substantial Completion . . .................9.8.1 Correlalioo . ...1._'.2, 1.2.4, 4.3.1, •1.10.1, 4.12.5, 6.1.3, 6.2.1 I 1 Approval 7.7.3 Copn•, Iurm,hed of Drawings and Specifications ..1.3. 3.2.5, 5.3 Certificates of Inq pection, resting or A p)roval ......... Certificates of Insurance ....... ... ..............9.3.2, 11.1A Correction of Work .....................3.3, 3.4, 10.2.5, 13.2 Certificates for Payment ... .2.2.6, 2.2.10, 9.4, 95.1, 9.5.5. 9.6.1, Cost, Definition (if .... ... ......... ..................12.1.4 9.7.1, 9.8.2, 9.9.1, 9.9.3, 12.1.4, 1-1.2.2 Costs . ..... IA, 4.8._', 4.15.2, 5.2.3, 6.1.1, 6.2.3, 6.2.5, 6.3. 7.7.1, Change Orders ..........1.1.1, 2.2.15, 3A, 4.8.2.3, 5.2.3, 7.7.2, 7.7.2,9]. 11.3.1, 11..3.5, 12.1.3, 12.1.4, 12.3,13.1.2,"13.21, 14 8.3.1, 9.7, 9.9.:1, 1"1.3.1, 11.3.5, 11.1.7, Cutting and Patching of Work ........ ..............4.14,6.2 12.1, "13.1.2, 13.2.5, 13.3.1 lbmar,e fo 1he Work . ... . .. .. .. ... ..(,.'.4, 6.2.5, 9.6.1.5, 9.8.1, Change Orders, Deffnifum of . .......................12.1.1 10.2.1.2, IQ 3, 11.3, 13 2.6 CHANGES IN THE WORK .... ............. . 2.2.15, 4.1.1, 12 Dantagcti, Claims for . ... ........6.1.1, 6.2.51 7.•1, 8.3.4, 9.6.1.2 Claims for Additional Cost or rime ....8.3.2, 8.3.3, 12.2.1. 12.3 Damages for 0clay ..........................6.1.1, 8.3.4, 9.7 Claims for Damages .... ..........6.1.1, 6.2.5, 7.4, 8.3, 9.6.1.1 lby, 1)(4inihon of ....................................8.1.4 `AIA DOCUMENT AJOI - GENERAL CONDIIION5 Or IIIL CON IRA(.I I(rR (OVORM [[ON • 111IRIELNTII EDITION • Al1GUSr 1976 2 A2O1-1976 AfA9 • !0 1976 • 1f1E A,MI-RIC N INS111UTE OF ARCfflfrclS. 1735 NIAV MRK AVLNOF, N.1V., %VASIIINGTON, U.C. '0006 �, / Decisions of the Architect ......2.2.9 through 2.2.12, 6.3, 7.7.2, 4.12.6,4.17, 4.18.3,6.2.2, 7.6.2,9.4.2, 7.9.1,8.3.1, 9.2, 9.4, 9.6.1, 9.8.1, 12.1.4, 12.3.1, 1 4.2.1 9.9.4,9.9.5,10.2.5,11.1.2,11.3.6 Defective or Non-Conforming Work, Acceptance, Rejection Limitations of Time, General .....2.2.8, 2.2.14, 3.2.4, 4.2, 4.7.3, and Correction of ....2.2.3, 2.2.13, 3.3, 3.4, 4.5, 6.2.2. 6.2.3, .1.12.4,4.15,5.2.1,5.2.3, 7.4,7.7,8.2,9.5.2,9.6, 9.6.1.1,9.9.4.2,13 9.8,9.9,11.3.4,12.1.4,12.4,13.2.1,13.2.2,13.2.5 Definitions ........1.1, 2.1, 3.1, 4.1, 4.12.1 through 4.12.3, 5.1, Limitations of Time, Specific ...........2.2.8, 2.2.12, 3.2.1, 3.4, 6.1.2, 8.1,9.1.1, 12.1.1, 12.1.4 4.10,5.3,6.2.2,7.9.2,8.2,8.3.2,8.3.3,9.2,9.3.1,9.4.1,9.5.1, Delays and Extensions of Time ..........................8.3 9.7, 11.1.4,11.3.1,11.3.8, 11.3.9,12.2,12.3,13.2.2, Disputes .................2.2.9, 2.2.12, 2.2.19, 6.2.5, 6.3, 7.9.1 13.2.5,13.2:7, 14.1,14.2.1 Documents and Samples at the Site .....................4.11 Limitations, Statutes of ...................7.9.2, 13.2.2, 13.2.7 Drawings and Specifications, Use and Loss of Use Insurance ...... ...........................11.4 Ownership of ......................1.1.1, 1.3, 3.2.5, 5.3 Materials, Labor, Equipment and ......1.1.3, 4.4, 4.5, 4.12, 4.13, Emergencies .........................................10.3 4A5.1, 6.2.1, 9.3.2, 9.3.3, 11.3.1, 13.2.2, 13.2.5, 14 Employees, Contractor's .... .4.3 2, 4.4.2, 4.8.1, 4.9, 4.18, 10.2.1 Materials Suppliers .......................4.12.1, 5.2.1, 9.3.3 through 10.2.4, 10.2.0, 10.3, 11.1.1 .leans, ;Methods, Techniques, Sequences and Equipment, Labor, Materials and ....1.1.3, 4.4, 4_5, 4.12, 4.13, Procedures of Construction .............2.2.4. 4.3.1, 9.4.2 4.15.1, 6.2.1, 9.3.2, 9.3.3, 11.3, 13.2.2, 13.2.5, 14 Minor Changes in the Work ................1.1.1, 2.2.15, 12.4 Execution and Progress of the Work ....1.1.3, 1.2.3, 2.2.3, 2.2.4, MISCELLANEOUS PROVISIONS ...........................7 2.2.8, 4.2, •1.4.1, 4.5, 6.2.2, 7.9.3, 8.2, Modifications, Definition of .......... ............. ....1.1.1 8.3, 9.6.1, 10.2.3, 10.2.4, 1.1.2 Modifications to i1w Contract ........1.1.1, 1.1.2, 2.2.2, 2.2.18, Execution, Correlation and Intent of the •1.7.3, 79.3, 12 Contract Documents ..... ........I...........1.2, 4.7.1 Mutual Responsibility ... ................ ..... ..........6.2 Extensions of Time ............. ........... ........8.3, 12.1 Von-Conforming Work, Acceptance of Defective or .....13.3.1 Failure of Payment by Owner .............. ........9.7,14.1 `:otn e, \VotMo ..........2.2.8. 2.2.12. 3.-1, -1.2. 4.7.3. 4.7.4, 4.9, I allure of Pavrnent of Subcontractors .9.5.2,9.6.1.3.9.0.2.1.1.2.1 4.12.6, -1.12.7, 4.I7,;.2.1. 7..f, 7.•l, 7.7, 7.9.2, 8.1.2,8.3.2, Final Completion and Final Payment ..2?.12, 2.2.16, 9.9, 13.3.1 AAA. 9.4.1,9.6.1,9.7,9.9.1, 9.95. 10.2.6, 11.1.4, 11.3.1, Financial Arrangements, Owner's ......................3.2.1 11.1.A, 11.1.5, 11..1.7, 11.3.8, 12.2, 12.31 13.2.2,13.25, 14 Fire and Extended Coverage Insurance ................11.3.1 otic . 1'ernios, Fees and ........................4.7,10.2.2 Governing Law ...... ......... ........................7.1 wnc, of Testing and Inspections .......................7.7 Guarantees (See Warranty Notice tr) Proceed .............. .....................8.1.2 and Warranties) . .......2 2.16,4.5,9.3.3,9.8.1,9.9.4,13.2.2 (111.,,rvalions, Architect's On-Site ........2.2.3,7.7.1,7.7.4,9.4.2 Indemnification ............ ...........4.17, 4.18, 6.2.5, 9.9.2 Ohservahons, Contractor's ..................1.2.2,4.2.1,4.7.3 Identification of Contract Documents ..................1 2.1 Occupancy . .............................8.1.3,9.5.5, 11.3.9 Identification of Subcontractors and Suppliers ...........5.2.1 On-Site Inspections by the Architect ........2.2.3,2.2.16,9.4.2, Information and 9.8.1,9.9.1 Services Required of the Owner ........3.2,6,9, 11.2. 11.3 On-Site Observations by the Architect .......2.2.3,2.2.6.2.2.17, Inspections ...............2.2,13, 2.2.16, 4.3.3, 7.7, 9.8.1, 9.9.1 7.7.1.7.7.4,9.4.2,9.6.1,9.9.1 Instructions to Bidders .. ..........................1.1.1,7.5 Ordvrs, Written ...................3.3,4.9,12.1.4,12.4.1,13.1 Instructions to the OWNER . ....... .......................................3 Contractor ..........2.2.2. 3.2.6, 4.8.1, 7.7.2, 12.1.2, 12.1.4 Owner. Definition of . ................ .................3.1 INSURANCE .......... ..... ....... ................9.8.1. 11 Owner, Inloorlation and Services Required of the ....3.2,6.1.3, Insurance, Contractor's Liability ....... .................11.1 6.2,9,11.2,11.3 Insurance, loss of Use ................................11.4 Owiwr's Authority .............2.2.16, 4.8.1, 7.7.2, 9.3.1, 9.3.2, Insurance, Owner's Liability ...........................11 2 9.8.1, 11.3.8, 12.1.2, 12.1.4 Insurance, Property ...................................11.3 0%%rivr's Financial Capability ...........................3.2.1 Insurance, Stored Materials .....................9.3.2,11.3.1 Owner's Liability Insurance . . ..........................11.2 Insurance Companies, Consent to Partial Occupancy .... 11.3.9 O%%rwi'. Kelahonship with Suhcontrarlors ..........1.1.2,9.5.4 Insurance Companies. Settlement With .. ......... .....11.3.11 Owner's Right to Carry Out the Work ..............3.4,13.2.4 Intent of Owner's Right to Clean Up ... ....... .. .. ........ .4.15.2, 6.3 the Conlracl Document, ,.. I.Z.3,2.2.10,2.2.13,2.2.14,12A Owners Right to Perform Work and to Award Interest ............ . .......... .... . .. ............ ....7.8 Separate Contracts .................................6.1 Interpretations, Written . .... ....1.1.1, 2.2.7, 2.2.8, 2.2.10, 12.4 Owner's Fight to Terminate the Contract ................14.2 Labor and Materials, Equipment ... .1.1.3, 4.4, 4.5, -1.12, 4.13, Owner's Ri)ht to Stop the Work .........................3.3 4.15.1, 6.2.1, 9.3.2,9.3.3, 11.3, "13.2.2, 13.2.5, 1.1 Ownership and Use of Documents ........1.'1.1,1.3,3.2.5,5.2.3 Labor and mmerial Pavown1 Bond ......................7.5 I'mching of MA, Culling and ..... ...............4.14,6.2.2 Labor Disputes . ................... ..... .............9..3.1 I'Ments, Kovallies and ...............................4.17.1 Laws and Rcl;ulations .... . .........1.3, 2.1., •1.6, 4.7, •1.13, 7.1, Payment Bond, Labor and Malerial .... ...................7.5 7.7, 10.2.2, 14 Payment, Applications for ............2.2.6, 9.2, 9.3, 9.4, 9.5.3, Liens ................................. . .9.3.3, 9.9.2, 9.9.4.1 0.6.1, 08.2,9.9.1,9.9.3, 1.1.2.2 Lirnitaticlns of Authority ... ..2.2 2, 2.2.17, 2.2.18, 11.3.8, 12.4.1 Pa)nwnl. Certificates for ...............2.2.6, 2.2.16, 9.4, 9.5.1, Limitations of Liability ..... .2.2.10, 2.2.13, 2.2.14, 3.3, 4.2, 4.7.3, 9.5.5,9.6.1,9.7.1,9.8.2,9.9.1,9.9.3,12.1.4, 14.2.2 AIA DOCUMENT AI01 - CI'NLRAL CONDITIONS Of IHE CONTRACT FOR COWRUCTION - 1111RIEENTIl EDITION .'AUGUST 1976 . AIA`r • rcJ 1976 - HIF AMERICAN INSTITUTE OF ARCHITECTS, 1,35 NIAV YORK AV EN N.W., WASHINGTON, D.C. 2oon6 A201-1976 3Y- / r Pavment, Failure of ................9.5.2,9.6.1.3,9.7,9.9.2,14 SUBCONTRACTORS .....................................5 Payment, Final ......................2.2.12,2.2.16,9.9,13.3.1 Subcontractors, Definition of ............................5.1 Payments, Progress ..........7.8,7.9.3,9.5.5,9.8.2,9.9.3,12.1.4 Subcontractors, Work by ...............1.2.4,2.2.4,4.3.1,4.3.2 PAYMENTS AND COMPLETION ...........................9 Subcontractual Relations ...............................5.3 Payments to Subcontractors .................9.5.2, 9.5.3, 9.5.4, Submittals ....................1.3, 4.10, 4.12, 5.2.1, 5.2.3, 9.2, 9.6.1.3, 11.3.3, 14.2.1 9.3.1, 9.8.1,9.9.2, 9.9.3 Payments Withheld ....................................9.6 Subrogation, Waiver of ..............................11.3.6 Performance Bond and Labor and Material Payment Bond ..7.5 Substantial Completion ......2.2.16,8.1.1,8.1.3,8.2.2,9.8,13.2.2 Permits, Fees and Notices .....................3.2.3,4.7,4.13 Substantial Completion, Definition of ...................8.1.3 PERSONS AND PROPERTY, PROTECTION OF ..............10 Substitution of Subcontractors . ...................5.2.3,5.2.4 Product Data, Definition of . ................... .......4.12.2 Substitution of the Architect ..........................2.2.19 Product Data, Shop Drawings, Samples and ...2.2.14,4.2.1,4.12 Substitutions of Materials .........................4.5,12.1.4 Progress and Completion ....... .............2.2.3,7.9.3,8.2 Sub-subcontractors, Definition of .......................5.1.2 Progress Payments ...........7.8,7.9.3,9.5.5,9.8.2,9.9.3,12.1.4 Subsurface Conditions .......... .....................12.2.1 Progress Schedule ....................................4.10 Successors and Assigns . ...............................7.2 Project, Definition of ...... .................. .........1.1.4 Supervision and Construction Procedures .1.2.4,2.2.4,4.3,4.4,10 Project Representative . . ........... ... ...............2.2.17 Superintendent, Contractor's ......................4.9,10.2.6 Propertv Insurance . ........... ......... ..............11.3 Surely, Consent of ....9.9.2,9.9.3 .......................... PROTECTION OF PERSONS AND PROPERTY ..............10 Surveys . ...... ......... . ......................3.2.2,4.18.3 Regulations and Laws . ....1.3,2.1.1,4.6,4.i,4.13,7.1,1Q2?,14 Taxes ...... ..... .....................................4.6 Rejection of Work ............... .........2.2.13,4.5.1,13.2 Terrninatinn by the Contractor .........................14.1 Releases of Waivers and Liens .. ..................9.9.2,99.4 Termination by the Owner ............................14.2 Representations .............1.2.2,-1.5,4.12.5,9.4.2,9.6.1,9.9.1 Termination of the Architect .........................2.2.19 Representatives ... .... ......... .... . . ... . ..2.1. 2.2.2. 2.2.17, TERMINATION OF THE CONTRACT ......................14 2.2.18, 3.1, 1.1, 4.9, 5.1, 9.3.3 Tests . ................................2.2.13,4.3.3,7.7,9.4.2 r 1 Responsibility for Those Performing the Work ...: .2 2.4,4.3.2, Time ......... . ........................................8 6.1.3,6.2,9.8.1 Time, Definition of ...................... ............ ..8.1 Retainage .......................9.3.1.9.5.2.9.8.2,99.2,9.9.3 Timv. Delays and Extensions of ...........8.3, 12.1, 12.3, 13.2.7 Review of Contract Documents Time Limits, Specific ..................2.2.8, 2.2.12, 3.2.1, 3.4, by the Contractor . ............ ...........1.2 2,4.2,•1.7.3 4.10,5.3, 6.2.2, 7.9.2,8.2,8.3.2,8.3.3,9.2,9.3.1, Reviews of Contractors Submittals by 9.4.1,9.5.1,9.7, 11.1.4, 11.3.1, 11.3.8, 11.3.9, Owner and Architect .....2.2.14,4.10,4.12,5.2.1,5.2.3,9.2 12.2, 12.3, 13.2.2, 13.2.5,13.2.7,14.1,14.2.1 Rights and Remedies ......1.1.2,2.2.12,2.2.13,3.3,3.4,5.3,6.1, Title to Work ...................................9.3.2,9.3.3 6.3, 7.6,79,8.3.1,9.6.1,9.7,10.3,12.1.2,12.2,13.2.2,1.1 UNCOVERING AND CORRECTION OF WORK .............13 Royalties and Palents . ................................4.17 Uncovering of Work ..................................13.1 Safety of Persons and Properly .........................10.2 Unlorseen Conditions .............................8.3,12.2 Safety Precautions and Programs ..... .............2.2.4,10.1 Unit Prices Samples, Definition of .. .............................4.12.3 Use of Documents .......................1.1.1,1.3,3.2.5,5.3 Samples, Shop Drawings, Product Data and .....2.2.14,4.2,4.12 Use of Site .....................................4.13,6.2.1 Samples at the Site, Documents and ....................4.11 Values, Schedule of ....................................9.2 Schedule of Values ....................................9.2 Waiver of Claims by the Contractor ....7.6.2,8.3.2,9.9.5,11.3.6 Schedule, Progress .... ...............................4.10 Waiver of Claims by the Owner ......7.6.2,9.9.4,11.3.6,11.4.1 Separate Contracts and Contractors .....4.14.2,6, 11.3.6,13.1.2 Waiver of Liens ................. ..... ................9.9.2 Shop Drawings, Definition of .........................4.12.1 Warranty and Warranties ....2.2.16,4.5,9.3.3,9.8.1,9.9.4, 13.2.2 Shop Drawings, Product Data and Samples . .. 2.2.14,4.2,4.12 Weather Delays ...................................... Site, Use of .....................................4.13,6.2.1 Work, Definition hf .............. ....................1.1.3 Site Visits, Architect's ........ ...... ..2.2.3, 2.2.5, 2.2.6, 2.2.17, Work by Owner or by Separate Contractors ................6 7.7.1, 7.7.4, 9.4.2,4.6.1, ().9.1 Wrillen Consent ......2.2.18,4.14.2,7.2,7.6.2,9.8.1,9.9.3,9.9.4 Site Inspections .. .... . . .... .1.2 2,2.2.3,2.2.16,7.7.9.8.1,().9.1 Wrillen Inlerpietations ...............1.1.1,1.2.4,2.2.8,12.3.2 Special Insperrion and Testing .. ..................2.2.13,7.7 Wrillen Notice . .. . .2.2.8,2.2.12,3.4,4.2,4.7.3,4.7.4,4.9,4.12.6, Specifications .... ...... .....................1.1.1,1.2.4,1.3 .1.12.7, •1.17, 5.2.1, 7.3, 7.4, 7.7, 7.9.2, 8.1.2, 8.3.2, 8.3.3, Statutes of Limitations . ... ... ... .....•.,..7.9 2, 13.2.2. 13.2.7 9.4.1, 9.6.1, 9.7, 9.9.1, 9.9.5, 10 2.6, 11.1.4, 11.3.1, 11.3.4, Stopping the Work ........... ...... .....3.3,9.7.1,10.3,14.1 11.3.5, 11.3.7, 11.3.8, 12.2, 12.3, 13.2.2, 13.2.5, 14 Stored Ntaterials ............6.2.1,9.3.2,10.2.1.2,11.3.1,13.2.5 Wrillen Orders ...................3.3,49,12.1.4,12.4.1,13.1 AIA DOCUMENT A701 • GENERAL CONDITIONS OF IFIE CONIRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 /4 A201-1976 AIA8 • © 1976 • IHE AMERICAN INSTIrUIE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, -10006 .L)� GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 1.2.2 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the CONTRACT DOCUMENTS local conditions under which the Work is to be per- formed, and correlated his observations with the require- ments of the Contract Documents. 1.1.1 THE CONTRACT DOCUMENTS 1.2.3 The intent of the Contract Documents is to include The Contract Documents consist of the Owner-Contrac- all items necessary for the proper execution and comple- tor Agreement, the Conditions of the Contract (General, tion of the Work. The Contract Documents are comple- Supplementary and other Conditions), the Drawings, the mentary, and what is required by any one shall be as Specifications, and all Addenda issued prior to and all binding as if required by all. Work not covered in the Con- Modifications issued after execution of the Contract. A tract Documents will not be required unless it is consistent Modification is (1) a written amendment to the Contract therewith and is reasonably inferable therefrom as being signed by both parties, (2) a Change Order, (3) a written necessary to produce the intended results. Words and ab- interpretation issued by the Architect pursuant to Sub- breviations which have well-known technical or trade paragraph 2.2.8, or (4) a written order for a minor change meanings are used in the Contract Documents in accord- in the Work issued by the Architect pursuant to Paragraph ante with such recognized meanings. 12.4. The Contract Documents do not include Bidding 1.2.4 The organization of the Specifications into divisions, Documents such as the Advertisement or Invitation to sections and articles, and the arrangement of Drawings Bid, the Instructions to Bidders, sample forms, the Con- tractor's Bid or portions of Addenda,relating to any of shall not control the Contractor in dividing the Work these, or any other documents, unless specifically enu- among Subcontractors or in establishing the extent of merated in the Owner-Contractor Agreement. Work to be performed by any trade. 1.1.2 THE CONTRACT 1.3 OWNERSHIP AND USE Or DOCUMENTS The Contract Documents form the Contract for Construe- 1.3.1 All Drawings, Specifications and copies thereof tion. This Contract represents the entire and integrated furnished by the Architect are and shall remain his prop- agreement between the parties hereto and Supersedes all erty. They are to be used only with respect to this Project prior negotiations, representations, or agreements, either Ind are not to be used on any other project. With the written or oral. The Contract maw be amended or modified exception of one contract set for each party to the Con- only by a Modification as defined in Subparagraph 1.1.1. tract, such documents are to be returned or suitably The Contract Documents shall not be construed to create accounted for to the Architect on request at the comple- any contractual relationship of any kind between the Ar- tion of the Work. Submission or distribution to meet offi- chitect and the Contractor, but the Architect shall be cial regulatory requirements or for other purposes in entitled to performance of obligations intended for his connection with the Project is not to be construed as benefit, and to enforcement thereof. Nothing contained publication in derogation of the Architect's common law in the Contract Documents shall create any contractual copyright or other reserved rights. relationship between the Owner or the Architect and any ARTICLE 2 Subcontractor or Sub-subcontractor. 1.1.3 THE WORK ARCHITECT The Work comprises the completed construction required 21 DEFINITION by the Contract Documents and includes all labor neces- sary to produce such construction, and all materials and 2.1.1 The Architect is the person lawfully licensed to equipment incorporated or to be incorporated in such practice architecture, or an entit, lawfully practicing construction. architt,ciure identified as such in the Owner-Contractor Agreement, and is referred to throughout the Contract 1.1.4 THE PROJECT Docurents as if singular in number and masculine in The Project is the total crnstruction of which the Work gender. The term Architect means the Architect or his performed under the Contract Documents may be the authorized representalive. whole or a part. 2.2 ADMINISTRA110N OF THE CONTRACT 1.2 EXECUTION, CORRELATION AND INTENT 2.2.1 The Architect will provide administration of the 1.2.1 The Contract Documents Shall be signed in not less Contract as hereinafter described. than triplicate by the Owner and Contractor. If either the Owner or the Contractor or both do not sign the Condi- 2.2.2 The Architect will be the Owner's representative tions of the Contract, Drawings, Specifications, or any of during construction and until final payment is due. The the other Contract Documents, the Architect shall iden- Architect will advise and consult with the Owner. The tify such Documents. Owner's instructions to the Contractor shall be forwarded AIA DOCUMENT A201 • GTNtRAE CONDITIONS OF THE CONTRACT TOR CONSTRUCIION • TIIIRTEENTFI EDITION • AUGUST 1976 SAIM' • `l 11176 • THE A.-tERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVENUE, N.W., WASHINGTON, D.C. :OW6 A201-1976,E 5 through the Architect. The Architect will have authority show partiality to either, and v,•ill not be liable for the to act on behalf of the Owner only to the extent provided result of anv interpretation or decision rendered in good in the Contract Documents, unless otherwise modified faith in such capacity. by written instrument in accordance with Subparagraph 2 2 11 The Architect's decisions in matters relating to 2.2.18. artistic effect will be final if consistent with the intent of 2.2.3 The Architect will visit the site at intervals appro- the Contract Documents. priate to the stage of construction to familiarize himself 2 2.12 Any claim, dispute or other matter in question generally with the progress and quality of the Work and between the Contractor and the Owner referred to the to determine in general if the Work is proceeding in ac- Architect, except those relating to artistic effect as pro- cordance with the Contract Documents. However, the vided in Subparagraph 2.2.11 and except those which have Architect will not be required to make exhaustive or con- been waived by the making or acceptance of final pay- tinuous on-site inspections to check the quality or quan- ment as provided in Subparagraphs 9.9.4 and 9.95, shall tity of the Work. On the basis of his on-site observations be subject to arbitration upon the written demand of ei- as an architect, he will keep the Owner informed of the ther party. However, no demand for arbitration of any such progress of the Work, and will endeavor to guard the claim, dispute or other matter may be made until the Owner against defects and deficiencies in the Work of the earlier of (1) the date on which the Architect has rendered Contractor, a written decision. or (2) the tenth day after the parties 2.2.4 TI)e Architect will not be responsible for and will have presented their evidence to the Architect or have not have control or charge of construction means, meth- been given a reasonable opportunity to do so, if the ods, techni(Iues, sequences or procedures, or for safety Architect has not rendered his written decision by that precautions and programs in connection with the Work, date. When such a written decision of the Architect states and he will not he responsible for the Contractor's failure (1) that the decision is final but subject to appeal, and to carry out the Work in accordance with the Contract (2) that any demand for arbitration of a claim, dispute or Documents. The Architect will not be responsible for or other matter covered by such decision must be made have control or charge over the acts or omissions of the \ ithin thirty days after the (late on which the party mak- Contractor, Subcontractors, or any of their agents or em- ing the derTTand receives the v:ritten decision, failure to ployces, or any other persons performing any of the demand arbitration within said Thirty days' period will re- Work. cult in the Architect's decision becoming final and binding upon the Owner and tile Contractor. If the Architect 2.2.5 The Architect shill at all limes have access to the renders a decision after arbitration proceedings have been Work wherever it is in preparation and progress.- The initiated, such decision may he entered as evidence but Contractor shall provide faulilies for suci) access so the %viil not supersede any arbitration proceedings unless the Architect may perform his functions under the Contract decision is acceptable to all parties concerned. Documents. 2.2.13 The Architect will have authority to reject Work 2.2.6 Rased on the Architect's observations and an evalu- which does not conform to the Contract Documents. ation of the Contractor's Applications for Payment, the Whenever, in his opinion, he considers it necessary or Architect will determine the amounts owing to the Con- advisable for the implementation of the intent of the tractor and will issue Certificates for Payment in such Contract Documents, he will have authority to require amounts, as provided in Paragraph 9.4. special inspection or testing of the Work in accordance 2.2.7 The Architect will he the interpreter of the require- %vilh Subparagraph 7.7.2 whether or not such Work be means of the Contract Documents and the judge of the then f,(bricated, installed or completed. However, neither performance thereunder by both the Owner and Con- the Architect's authority to act under this Subparagraph tractor. 2 2.f 3, nor any decision made by him in good faith either Io exercise or not to exercise such authority, shall give 2.2.8 The Architect will render interpretations necessary rise to any duly or responsibility of the Architect to the for the proper execution or progress of the Work, \vith Contractor. any Subcontractor, am of their agents or reasonable promptness and in accordance with any time en)piovees, or any other person performing any of the limit agreed upon. Either party to the Contract may slake Work. written request to the Architect for such interpretations. 2.2.14 Hie ;etc I(itecl will review and approve Or take 2.2.9 Claims, disputes and other matters in qucsClon be- other appropriate action upon Contractor's submittals twcen the Contra(lor .Intl the Owner relating to the exc 1u(h aN Shop Drawings, Proclu(t I)ala and Samples, but <utit)n or pmitteNN of Ihr Work (it III(, intellu(•l.own of dw �mlr rot (onforn),Inc v %%ilb the dv igrt con(opt of the Contract DocunientN Nh,)II he ter(•rted inili,)lly IO the Wmk ,nil NCII11 the infu1r11atio ) 'tjven in the Contract Arcinlect for dc(iNitm which he will render in writing I A)(unu•nIN. Stith m lion shill be t.iken with reasonable within a reasonable time. prompin(•Ns so as to cause no delay. The Architect's ap- 2.2.10 All interpretation~ and decisions of the Architect provA of ,I specific item shall not indicate approval of shall be consistent wish the intent of and reasonably in- an aNNenihly of which the item Is a component. ferahle from the Contract DOCLIniew,; and will he in writ- 2.2.15 -file Architect will prepare Change Orders in ac- ing or in the form of drawings. In his capacity as inter- cordance with Article 12. and will have authority to order preter and judge, he will endeavor to secure faithful per- minor changes in the Work as provided in Subparagraph formance by both the Owner and the Contractor, will not 12.4.1. AIA DOCUMENT A201 • GENERAL CONDITIONS OF 111E CONTRACT fOR CONSIRUCTION • THIRTEENTH EDITION • AUGUST 1976 i 6 A201-1976 AIA'Q • (d 11176 • ME AMIRICAN INSFITUIE OF ARCIIITECTS. 1,35 NEW NO RK AVENUE, N.w., WASHINGTONk.DC0106 2.2.16 The Architect will conduct inspections to deter- 3.2.5 Unless otherwise provided in the Contract Docu- mine the dates of Substantial Completion and final com- ments, the Contractor will be furnished, free of charge, pletion, will receive and forward to the Owner for the all copies of Drawings and Specifications reasonably nec- Owner's review written warranties and related documents essary for the execution of the Work. required by the Contract and assembled by the Contrac- 3.2.6 The Owner shall forward all instructions to the tor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 9.9. Contractor through the Architect. 2.2.17 If the Owner and Architect agree, the Architect 3.2.7 The foregoing are in addition to other duties and will provide one or more Project Representatives to responsibilities of the Owner enumerated herein and assist the Architect in carrying out his responsibilities at especially those in respect to Work by Owner or by the site. The duties, responsibilities and limitations of Separate Contractors, Payments and Completion, and In- authority of any such Project Representative shall be as surance in Articles 6, 9 and 11 respectively. set forth in an exhibit to be incorporated in the Contract 3.3 OWNER'S RIGHT TO STOP THE WORK Documents. 3.3.1 If the Contractor fails to correct defective Work as 2.2.18 The duties, responsibilities and limitations of au- required by Paragraph 13.2 or persistently fails to carry thority of the Architect as the Owner's representative dur- out the Work in accordance with the Contract Docu- ing construction as set forth in the Contract Documents rnents, the Owner, by a written order signed personally will not be modified or extended without written con- or by an agent specifically so empowered by the Owner sent of the Owner, the Contractor and the Architect. in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has 2.2.19 In case of the termination of the employment of been eliminated; however, this right of the Owner to the Architect, the Owner shall appoint an architect stop the Work shall not give rise to any duty on the part against whom the Contractor makes no reasonable obiec- of the Owner to exercise this right for the benefit of the lion whose status under the Contract Documents shall he Contractor or any other person or entity, except to the that of the former architect. Any dispute in connection v lent tequired by Subparagraph 6.1.3. with such appointment shall he subr&t to arbitration. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK ARTICLE 3 3.4.1 If ;he Contractor detults or neglects to carry out tie % ork n1 accordance %vith the Contract Documents `. OWNER and f,lil; within seven days after receipt of written notice scorn the Ov.ner to cnmmcnce and continue correction 3.1 DEFINITION ,)f slit h default Or neglect wilh diligence and promptness, the Ov,ner may, after seven day; following receipt by the 3.1.1 The Owner is the person or rntity identified as such Contractor of an additional written notice and without in the O ner-C:ontr,lctor ALueement and is referred to I�:t•juriicr to any other renlr(ly i1c may have, make good throughout Ihc Contract Docunn nts as if singular in num- ucfl (!('fu ic•ncies. In such case an appropriate Change ber and masculine in gender. Tile term Owner means the Order shall be issued deducting from the payments then Owner or his authorized representative. nr thereafter clue the Contractor the cost of correcting 3.2 INFORMATION AND SERVICES REQUIRED se:61 deficiencies, including compensation for the Archi- OF THE OWNER it,( C,s addilional services made necessary by such default, ^Ot;lect or failure. Such action by the-Owner and the 3.2.1 The Owner shall, at the request of the Contractor, amount (barged to the Contractor are both subject to the at the time of execution of the O,.wner-Contractor Agree- prior ;ipprrn:al of the Architect. If the payments then or ment, furnish to the Contractor reasonable evidence that 0wre,mer due the Contractor are not sufficient to cover he has made financial arrangements to fulfill his Ohliga- such ,111lount, the Contractor shall pay the difference to lions under the Contract. Unless such reasonable evi- the Ov.ner. dense is furnished, the Contractor is not required to execute the Owner-Contractor Agreement or to com- ARTICLE 4 mence the Work. 3.2.2 The Owner shal! furnish all surveys describing the CONTRACTOR physical characteristics, legal lirnit,ltions and utility loco- 4.1 DEFINITION Irons for the site of the Project. and a legal description of 4.1.1 lilt, ( unlrac for t: Ihc• person or entity idenlilied as the site. >U(h in f1w Omiet-COnlraclOF AgreenTent and is referred, 3.2.3 Except as provided in Subparagraph 4.7.1, the 11) throughout the Contract Documents as if singular in Owner shall secure and pay for necessary approvals, else- lluntbt•r and masculine in gender. The term Contractor merits, assessments and charges required for the construe- nw,ins he Conlractor or his authorised representative. lion, use or occupan(:y Of pernl.lnc•nt ;truclures or for per- 4 •` RI:VIE%V OF CONTRACT DOCUMENTS manent changes in existing facilities. 4.2.1 The Contractor shall carefully study and compare 3.2.4 Information or services under the Owner's control the Contract documents and shall at once report to the shall be furnished by the Owner Witb reasonable prompt- Architect any error, inconsistency or Omission he may dis- ness to avoid delay in the orderly progress of the Work. cover. The Contractor shall riot be liable to the Owner or AIA DOCUMENT A201 • CLNLRAL CONDITIONS OF THE CONIRACr IOR (()`SIR1L:C1ION • I111RIEENTII EDITION • AUGUST 1976 AIA16 • J 1976 • fill AMERICAN INSTITUTE OF ARCHITECTS. 173, NL\w 1'ORK AyLNUE, N.W., WASHINGTON, D.C. 2(kv- 6 A201-1976/0 7 ��� the Architect for any damage resulting from any such fees, licenses and inspections necessary for the proper errors, inconsistencies or omissions in the Contract Docu- execution and completion of the Work which are custom- ments. The Contractor shall perform no portion of the arily secured after execution of the Contract and which Work at any time without Contract Documents or, where are legally required at the time the bids are received. required, approved Shop Drawings, Product Data or Samples for such portion of the Work. 4.7.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful or- 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES ders of any public authority bearing on the performance 4.3.1 The Contractor shall supervise and direct the Work, of the Work. using his best skill and attention. He shall be solely re- 4.7.3 It is not the responsibility of the Contractor to sponsible for all construction means, methods, tech- make certain that the Contract Documents are in accord- niques, sequences and procedures and for coordinating ante with applicable laws, statutes, building codes and all portions of the Work under the Contract. regulations. If the Contractor observes that any of the 4.3.2 The Contractor shall be responsible to the Owner Contract Documents are at variance therewith in any re- for the acts and omissions of his employees, Subcontrac- spect, he shall promptly notify the Architect in writing, tors and their agents and employees, and other persons and any necessary changes shall be accomplished by ap- performing any of the Work under a contract with the propriate Modification. Contractor. 4.7.4 If the Contractor performs any Work knowing it to 4.3.3 The Contractor shall not be relieved from his obli- be contrary to such laws, ordinances, rules and regula- gations to perform the \•York in accordance with the tions, and without such notice to the Architect, he shall Contract Documents either by the activities or duties of assume full responsibility therefor and shall bear all costs the Architect in his administration of the Contract, or by attributable thereto. inspections, tests or approvals required or performed un- 4.8 ALLOWANCES der Paragraph 7.7 by persons other than the Contractor. 4.8.1 The Contractor shall include in the Contract Sum 4.4 LABOR AND MATERIALS all allowances stated in the Contract Documents. Items 4.4.1 Unless otherwise provided in the Contract Docu- covered by these allowances shall be supplied for such ments, the Contractor shall provide and pay for all labor, amounts and by such persons as file Owner may direct, materials, equipment, tools, construction equipment and but the Contractor.vill not he required to employ persons machinery, water, heat, utilities, transportation, and other against .whorls he makes a reasonable objection. facilities and services necessar• for the proper execution 4 a 2 Unless otherwise provided in the Contract Docu- 1 and completion of the `York, whether temporary or per- manent and whether or not incorporated onto be incor 1 these allowances shall cower Ili(! cost to the Con- tractor, less any applicable trade discount, of the 4.4.2 The Contractor shall at all time: enforce strict dis- material: and equipment required by the allowance eipline and good order among his employees and shall not delivered at the site, and all applicable taxes; employ on the Work any unfit person or anyone not .2 file Contractor's costs for unloading and handling skilled in the task assigned to him, on the site, labor, installation costs, overhead, prof- it and other expenses contemplated for the original 4.5 WARRANTY allowance shall be included in the Contract Sum and 4.5.1 The Contractor .warrants to the Owner and the not in the allowance; Architect that all materials and equipment furnished .3 .whenever the cost is more than or less than the under this Contract .will be neW unless otherwise speci- allowance. the Contract Sum shall he adjusted ac- fied, and that all Work will be of good quality, free from cordingly by Change Order, the amount of which faults and defects and in conformance with the Contract will recognize changes, if am, in handling costs on Documents. All Work not conforming to these require- the site, labor, installation costs, overhead, profit ments, including substitutions not properly approved and and other expenses. authorized, may be considered defective. If required by the Architect, the Contractor shall furnish satisfactory evi_ 4 9 SUPERINTENDENT Bence as to the kind and quality of materials and equip- 4.9.1 the Contraclnr shall employ a competent superin- ment. This warranty is not limited by the provisions of tendent and necessary assistants .who shall he in atlend- Paragraph 13.2. ante at the Project site during the progress of the Work. The superintendent shall represent the Contractor and all 4,6 TAXES communications given to the superintendent shall he as 4.6.1 The Contractor ,hall pay all sales, consumer, use hinding as if given to the Contractor. Important commu- and other similar tares for the Work or portions thereof nications shall be confirmed in writing. Other communi- pro•ided by the Contractor which are legally enacted at cations ,hall he so confirmed on .written request in each the lime bids are received, whether or not yet effective. ca'w. 4.7 PERMITS, FEES AND NOTICES 4.10 PROGRESS SCHEDULE 4.7.1 Unless otherwise provided in the Contract Docu- 4.10.1 The Contractor, immediately after being awarded 1 ments, the Contractor shall secure and pay for the build- the Contract, shall prepare and submit for the Owner's ing permit and for all other permits and governmental and Architect's information an estimated progress sched- AIA DOCUMENT A201 • GENERAL CONDITIONS OF IIIE CONIRACr [OR CONSTRUCTION • 111IRTI ENTII EDITION • AUGUST 1976 8 A201-1976 AIA4 • 1976 • 111E AAIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2 N�� >� ule for the Work. The progress schedule shall be related portions of the Work shall be in accordance with ap- to the entire Project to the extent required by the Con- proved submittals. tract Documents, and shall provide for expeditious and 4.13 USE OF SITE practicable execution of the Work. 4.13.1 The Contractor shall confine operations at the site 4.11 DOCUMENTS AND SAMPLES AT THE SITE to areas permitted by law, ordinances, permits and the 4.11.1 The Contractor shall maintain at the site for the Contract Documents and shall not unreasonably encum- Owner one record copy of all Drawings, Specifications, ber the site with any materials or equipment. Addenda, Change Orders and other Modifications, in 414 CUTTING AND PATCHING OF WORK good order and marked currently to record all changes made during construction, and approved Shop Drawings, 4.14.1 The Contractor shall be responsible for all cutting, Product Data and Samples. These shall be available to fitting or patching that may be required to complete the the Architect and shall be delivered to him for the Owner Work or to make its several parts fit together properly. upon completion of the Work. 4.14.2 The Contractor shall not damage or endanger any 4.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES portion of the Work or the work of the Owner or any 4.12.1 Shop Drawings are drawings, diagrams, schedules separate contractors by cutting, patching or otherwise and other data specially prepared for the Work by the altering any work, or by excavation. The Contractor shall Contractor or any Subcontractor, manufacturer, Supplier not cut or otherwise alter the work of the Owner or any or distributor to illustrate some portion of the Work. separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor 4.12.2 Product Data are illustrations, standard schedules, shall not unreasonably withhold from the Owner or any performance charts, instructions, brochures, diagrams and separate contractor his consent to cutting or otherwise other information furnished by the Contractor to illustrate altering the Work. a material, product or system for some portion of the Work. 4.15 CLEANING UP 4.15.1 The Contractor at all limes shall keep the premises 4.12.3 Samples are physical examples which illustrate free from accumulation of v:aste materials or rubbish materials, equipment or \workmanship and establish cmised by his operations. At the completion of the Work standards by which the Work will be judged. ;w shall remove all his waste nlateri,tls and rubbish from 4.12.4 The Contractor shall review, approve and submit, and about the Project as well as all his tools, construe- \with reasonable promptness and in such sequence as to iron equipment, machinery and Surplus materials. F cause no cielav in the Work or in the work of the Owner 4.15.2 If tl�e Contractor falls to clean up at the rnrnple- or am. separate Contractor, all Shop Drawings, Product lion of the Work, the Owner may do so as provided in Data and Samples required by the Contract Documents. P,1rat;raph 3.4 and the cost thereor shall be charged to the 4.12.5 By approvin and Submitting Shop Drawings, Contractor. I'roduct Data and Samples, the Contractor represents that 4.16 CONiMUNICA1IONS he has determined and verified all materials, field meas- 4.16.1 The Contractor shall forward all communications urernents, and field construction criteria related thereto, to.the Owner through the Architect. or will do so. and that he has checked and coordinated the information contained \wilhin Such Submittals With 4.17 ROYALTIES AND PATENTS the requirements of the Work and of the Contract Docu- 4.17.1 The Contractor shall pay all royalties and license rnents. fees. Ile shall defend all Suit; or claims for infringement 4.12.E The Contractor shall not be relieved of responsi- "I any p,Itent rights and shall save the Owner harmless hility for any deviation from the requirements of file Iron' los; on account thereof, except that the Owner shall he responsible for all Such loss when a particular design, Drawings. Product Dato Contract Documents by or SampleS under Subparagraph the Architect's approval of Shop process or the product of a particular manufacturer or 2.2.1.3 u manufacturers is st ecified, but if the Contractor has rea- Architect in writing o u f such deviation at the time of sub the design, process or product speci- son to believe that is an Infringement of a patent, he shall be responsible mission and the :\rcllitect has };ivcn \written approval to fur .uc 11 lo.c unless he promptiv gives Such information to the speciiic dtwialion. The ( onlractor hall not he rvhc\ed front rrSponsihility for errors or ornk,;ions in the Shop Ih Ali hlleci. Drawings, Product Oala or Samples by the Architect's 4.111 INDEMNIEICAHON approval hereof. 4.111.1 to the fullc5l cxlenl permitted by law, the Con- 4.12.7 The Contractor hall direct specific attention, in Irm-tor shall indemnify and hold harmless the Owner and \writing or on r0LlbInitled Shop Drawings, Product Data the AT( hilect and their agents an(I employees from and agaln't all claims, darnages, losses and expenses, including or Samples, Io revisions other than those requested by . but not limited to attorneys' fees, arising out of or result- Ihe Architect on previous cuhmittalS. inl; frnrn the performance of the Work, provided that 4.12.8 No portion of Ile Work requiring Submission of a 'Inv sue It claim, damage, loss or expense (1) is attributable Shop Ora\winp, Product Data or Sample shall be coin- to bodily injury, sickness, disease or death, or to injury menred until the ;trhrnitlal has been approved by the to or dcsIrticlion of tangible property (other than the Architect as provided in Subparagraph 2.2.14. All Such Work itself) including the lost of use resulting therefrom, AIA DOCUMENT A201 • CLNIRAL CONDITIONS Or T11r CONTRACT FOR(ONSIRUCHON . IIIIRTLrNTII LDITION - AUGUST 1q,6 .NIA" - ;fl 1976 . Till AMLRICAN IN',IIIL)TI: Of ARCIIITLCT;. I71S NI\V NORR A\'rNUL. NAV.. WASHINGTON. D.C. 2kXKI6 A201-197fy 9 and (2) is caused in whole or in part by any negligent act such proposed person or entity. Failure of the Owner or n or omission of the Contractor, any Subcontractor, anyone Architect to reply promptly shall constitute notice of no directly or indirectly employed by any of them or anyone reasonable objection. for whose acts any of them may be liable, regardless of 5.2.2 The Contractor shall not contract with any such whether or not it is caused in part by a party indemnified proposed person or entity to whom the Owner or the hereunder. Such obligation shall not be construed to ne- Architect has made reasonable objection under the provi- gate, abridge, or otherwise reduce any other right or obli- sions of Subparagraph 5.2.1. The Contractor shall not be gation of indemnity which would otherwise exist as to any required to contract with anyone to whom he has a rea- party or person described in this Paragraph 4.18. sonable objection. 4.18.2 In any and all claims against the Owner or the 5.2.3 If the Owner or the Architect has reasonable objec- Architect or any of their agents or employees by any tion to any such proposed person or entity, the Contrac- employee of the Contractor, any Subcontractor, anyone for shall submit a substitute to whom the Owner or the directly or indirectly employed by any of them or anyone Architect has no reasonable objection, and the Contract for whose acts any of them may be liable, the indemnifi- Sum shall be increased or decreased by the difference in cation obligation under this Paragraph 4.18 shall not be cost occasioned by such substitution and an appropriate limited in any way by any limitation on the amount or Change -Order shall be issued; however, no increase in type of damages, compensation or benefits payable by or the Contract Sum shall be allowed for any such substitu- for the Contractor or any Subcontractor under workers' tion unless the Contractor has acted promptly and re- or workmen's compensation acts, disability benefit acts or sponsively in submitting names as required by Subpara- other employee benefit acts. graph 5.2.1. 4.18.3 The obligations of the Contractor under this Para- 5.2.4 The Contractor shall make no substitution for any graph 4.18 shall not extend to the liability of the Archi- Subcontractor, person or entity previously selected if the tect, his agents or employees, arising Out Of (1) the prepa- O,,wner or Architect makes reasonable objection to such ration Or approval of maps, drawings, opinions, report,. sLlhstitutiort. surveys, change orders. designs or specifications, or (2) 5 3 SUBCONTRACTUAL RELATIONS the giving of or the failure to give directions or instruc- tions bw the Architect, his agents or employees provided 5.3.1 By an appropriate agreement, written where legally such giving or failure to give is the primary cause of the required for validity, the Contractor shall require each injury or damage. Subcontractor, to the extent of the Work to be per- ARTICLE 5 formed by the Subcontractor, to be bound to the Con- tractor by the terms of the Contract DOCUn1enl5, and to as- sume toward the Contractor all the obligations and re- SUBCONTRACTORS sponsibilities which the Contractor, by these Documents, 5.1 DEFINITION assumes toward the Owner and the Architect. Said agree- 5.1.1 A Subcontractor is a person nr entity who has a di- merit shall preserve and protect the rights of the Owner rect contract with the Contractor to perform any of the and the Architect under the Contract Documents with re- Work at the site. The term Subcontractor is referred to spect to the \York to be performed by the Subcontractor throughout the Contract Documents as if singular in num- so that the subcontracting thereof will not prejudice such ber and masculine in gender and means a Subcontractor rights, and shall allow to the Subcontractor, unless specifi- or his authorized representative. The term Subcontractor cally provided otherwise in the Contractor-Subcontractor does not include any separate contractor or his subcon- agreement, the benefit of all rights, remedies and redress tractors. against the Contractor that the Contractor, by these Docu- ments, has against the Owner. Where appropriate, the 5.1.2 ASub-subcontractor is a person or entity who has a Contractor shall require each Subcontractor to enter into direct or indirect contract with a Subcontractor to per- similar agreements with his Sub-subcontractors. The Con- form any of the Work at the site. The term Sub-subcon- tractor shall stake available to each proposed Subcon- tractor is referred to throughout the Contract Documents tractor, prior to the execution of the Subcontract, copies as if singular in number and masculine in gender and of the Contract Documents to which the Subcontractor means a Sub-subcontractor or an authorized representa- will be hound by this Paragraph 5.3, and identify to the tive thereof. Subcontractor any terms and conditions of the proposed 5.2 AWARD OF SUBCONTRACTS AND OTHER Subcontract which may be at variance with the Contract CONTRACTS FOR PORTIONS OF THE WORK Documents. ['ach Subcontractor shall similarly make cop- 5.2.1 Unless otherwise required by the Contract Docu- ies Of such Documents available to his Sub-subcontractors. ments or the Bidding Documents, the Contractor, as soon ARTICLE 6 as practicable after the award Of the Contract, shall fur- nish to the Owner and the Architect in writing the names WORK BY OWNER OR BY of the persons or entities (including those who are to fur- SEPARATE CONTRACTORS nish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. 6.1 OWNER'S RIGHT TO PERFORM WORK AND The Architect will promptly reply to the Contractor in TO AWARD SEPARATE CONTRACTS A writing stating whether or not the Owner or the Architect, 6.1.1 The Owner reserves the right to perform work re- , 1 after due investigation, has reasonable objection to any lated to the Project with his own forces, and to award AIA DOCUMENT A201 • GENERAL CONDITIONS OF IIIE CONTRACT 1nR CONSTRUCTION •THIRTEENTH EDITION• AUGUST 1976 10 A201-1976 AIAA • Co 1976 • THE AMERICAN INSTITUTE OF ARCIurECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 separate contracts in connection with other portions of and charge the cost thereof to the contractors responsible the Project or other work on the site under these or similar therefor as the Architect shall determine to be just. Conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such ARTICLE 7 action by the Owner, he shall make such claim as pro- vided elsewhere in the Contract Documents. 6.1.2 When separate contracts are awarded for different MISCELLANEOUS PROVISIONS portions of the Project or other work on the site, the term 7.1 GOVERNING LAW Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- 7.1.1 The Contract shall be governed by the law of the Contractor Agreement. place where the Project is located. 6.1.3 The Owner will provide for the coordination of the 7.2 SUCCESSORS AND ASSIGNS work of his own forces and of each separate contractor 7.2.1 The Owner and the Contractor each binds himself, with the Work of the Contractor, who shall cooperate his partners, successors, assigns and legal representatives therewith as provided in Paragraph 6.2. to the other party hereto and to the partners, successors, 6.2 MUTUAL RESPONSIBILITY assigns and legal representatives of such other party in re- spect to all covenants, agreements and obligations con- 6.2.1 The Contractor shall afford the Owner and separate tained in the Contract Documents. Neither party to the contractors reasonable opportunity for the introduction Contract shall assign the Contract or sublet it as a whole and storage of their materials and equipment and the without the written consent of the other, nor shall the execution of their work, and shall connect and coordinate Contractor assign any moneys due or to become due to his Work with theirs as required by the Contract Docu- him hereunder, without the previous written consent of ments. the Owner. 6.2.2 If any part of the Contractor's.,Wnrk depends for 7.3 WRITTEN NOTICE proper execution or results Upon the work of the Owner 7.3.1 bVritten notice shall be deemed to have been duly or any separate contractor, the Contractor shall, prior to served If delivered in person to the individual or member proceeding; with the Work, promptly report to the Archi- of the firm or entity or to an officer of the corporation for test any apparent discrepancies or defects in such other whom it was intended, or if delivered at or sent by regis- s work that render it unsuitable for such proper execution tered or cerlified mail to the last business address known and results. Failure of the Contractor so to report shall to him who gives the notice. constitute an acceptance of the Owner's or separate con- tractors' %work as fit .Ind proper to receive his Work, ex- 7.4 CLAIMS FOR DAMAGES cept as to defects which may subsequently become appar- 7.4.1 Should either party to the Contract suffer injury or rent in such work by others. damage to person or property because of any act or omis- 6.2.3 Any costs caused by defective or ill-timed work sion of the other party or of any of his employees, agents shall be borne by the party responsible therefor, or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable 6.2.4 Should the Contractor wrongfully cause damage to time after the first observance of such injury or damage. the work or property of the Owner, or to other work on the site, the Contractor shall promptly remedy such dam- 7 5 PERFORMANCE BOND AND LABOR AND age as provided in Subparagraph 10.2.5. MATERIAL PAYMENT BOND 7.5.1 The Owner shall have the right to require the Con- 6.2.5 Should the Contractor wrongfully cause damage to tractor to furnish bonds covering the faithful performance the work or property of ari separate contractor, the Con- of the Contract and the payment of all obligations arising tractor shall upon due notice promptly attempt to settle thereunder if and as required in the Bidding Documents with such other contractor by agreement, or otherwise to or in the Contract Documents. resolve the dispute. If such separate contractor sues or initiates an arbitration proceeding; against the Owner on 7.6 RIGHTS AND REMEDIES account of any damage alleged to have been sauced h1' 7.6.1 Me (luties and obligations imposed by the Contract the Contractor, the Owner shall notify the Contractor I)c1cunwnl. ,inn the rights and remedies available there- who shall defend ,uch pmcerdings at the Uwncr's ex- colter sh,lll he ill addihmi to and not a limitation of any pence, and if any illdg;nivnt nr a Ald ai;ainst the Owner duties, ohllg;alions, rights and remedies otherwise im-• arises therefrom the Cmitractnr shall pay or satisfy it and po'�cd or available by law. shall reimburse the Owner for all attorneys' fees and court or arbitration costs which the Owner has incurred. 7.6.2 No anion or failure to act by the Owner, Architect or Contractor shall constitute a waiver of any right or duty 6.3 OWNER'S RIGHT TO CLEAN UP afforded any of them Finder the Contract, nor shall any 6.3.1 If a dlq>ute arises between the Contractor and sepa- such action or failure to act Constitute an approval of or rate ennlractors as to their responsibility for cleaning up acquiescence in any breach thereunder, except as may be as required by Paragraph 4.1.5, the Owner may clean up specifically agreed in writing;. AIA DOCUMENT A201 • GFNFR.AL CnNDIrIONS OF IIIL CONIRACF FOR/nNtif Rll(:I ION . TIIIRTLENIII LDIFION • AUGUSF 1976 .AIA% • 10 V176 • 111F AMLRICAN INSIIIUFF. Or ARCIIITLCIS, 17.15 NIW YoRK AVLNUF. N.W., WASIIINGTON, D.C. 2(XX)6 A201-1976 11 �� ASS 7.7 TESTS required if complete relief is to be accorded in the arbi- 7.7.1 If the Contract Documents, laws, ordinances, rules, tration. No person other than the Owner or Contractor regulations or orders of any public authority having juris- shall be included as an original third party or additional diction require any portion of the Work to be inspected, third party to an arbitration whose interest or responsi- tested or approved, the Contractor shall give the Architect bility is insubstantial. Any consent to arbitration involving timely notice of its readiness so the Architect may observe an additional person or persons shall not constitute con- such inspection, testing or approval. The Contractor shall sent to arbitration of any dispute not described therein or bear all costs of such inspections, tests or approvals con- with any person not named or described therein. The ducted by public authorities. Unless otherwise provided, foregoing agreement to arbitrate and any other agreement the Owner shall bear all costs of other inspections, tests to arbitrate with an additional person or persons duly or approvals. consented to by the parties to the Owner-Contractor Agreement shall be specifically enforceable under the 7.7.2 If the Architect determines that any Work requires prevailing arbitration law. The award rendered by the special inspection, testing, or approval which Subpara- arbitrators shall be final, and judgment may be entered graph 7.7.1 does not include, 11e will, upon written au- upon it in accordance with applicable law in any court thorization from the Owner, instruct the Contractor to having jurisdiction thereof. order such special inspection, testing or approval, and the Contractor shall give notice as provided in Subparagraph 7.9.2 Notice of the demand for arbitration shall be filed 7.7.1. If such special inspection or testing reveals a failure in writing with the other party to the Owner-Contractor of the Work to comply with the requirements of the Con- Agreement and with the American Arbitration Associa- tract Documents, the Contractor shall bear all costs there- tion, and a copy shall be filed with the Architect. The of, including compensation for the Architects additional demand for arbitration shall be made within the time services made necessary by such failure; otherwise the limits specified in Subparagraph 2.2.12 where applicable, Owner shall bear such costs, and an appropriate Change and in all other cases within a reasonable time after the Order shall be issued. Claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institu- 7.7.3 Required certificates of inspection, testing or ap- tion of legal or equitable proceedings based on such proval shall be secured by the Contractor and promptly claim, dispute or other matter in question would be delivered by him to the Architect• barred by the applicable statute of limitations. 7.7.4 If the Architect is to observe the inspections, tests 7.9.3 Unless olherwke agreed in writing, the Contractor or approvals required by Ille Contract Documents, he will shall carry on the Work and maintain its progress during do so promptly and, where practicable. at the source of any arbitration proceedings, and the Owner shall con- supply. linue to make payments to the Contractor in accordance 7,0 INTEREST with the Contract Documents. 7.0.1 Payments due and unpaid under the Contract ARTICLE 8 Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing TIME or, in the absence thereof, at the legal rate prevailing at 0.1 DEFINITIONS the place of the Project. 7.9 ARBITRATION 0.1.1 Unless otherwise provided. the Contract Time is the period of time allotted in the Contract Documents for 7.9.1 All claims, disputes and other matters in question Substantial Completion of the Work as defined in Sub- between the Contractor and the Owner arising out of, or paragraph 6.1.3, including authorized adjustments thereto. relating to, the Contract DOCUrnenl,; or the breach there- of, except as provided in Subparagraph 2.2.11 with re- 0.1.2 1he date of commencement.of the Work is the date spect to the Architects decisions on matters relating to established in a notice to proceed. If there is no notice to artistic effect, and except for claims which have been proceed, it shall be the date of the Owner-Contractor waived by the making or acceptance of final payment as Agreement or such other date as may be established provided by Subparagraphs 9.9.4 and 9.9.5, shall be de- therein. Bided by arbitration in accordance (with the Construction 11.1.3 the bate of Suh,tanhal Completion of the Work or Industry Arbitration Rules of the Ameri(an Arbitration dv( ig;naled portion Ihereof is the Data certified by the Association then obtaining; unless the parties mutually \rr hilt t I when (on,lrtu Lion k stlffi(i(-nlly complete, in agree otherwise. No a(I,ilraiion mi,mi! out of or rel,ttinl' a(.t(mian(e \%(th the Contrail 1 1)c,(um(•nls, so the Owner to the Contract Document, ,hall include, by consolida- (,ill of(tipy tar utlliit, the Work or designated portion lion, joinder or in any other manner, the Architect, his thereat for the use for which it is intended. employees or consultants except by written Consent con- taining a specific reference to the Owner-Contractor 0,1.4 the term day as used in the Contract Documents Agreement and signed by the Architect, the Owner, the shall nivan calendar day unless otherwise specifically Contractor and any other person Sought to he joined. NO drsig;naled. arbitration shall illClu(Ie by consolidation, joinder or in any other (Wanner, parties other Ihan the Owner, the 11.2 PROGRESS AND COMPLETION Contractor and any Other persons Substantially involved 0.2.1 All time limits stated in the Contract Documents are in a common question of fact or law, whose presence is of the essence of the Contract. AIA DOCUMENT A201 • (;ENERAL CONDITIONS OF 11117 (ON1RM-1 IOR CONSIRUCIION • 1111RIF1 NI11 EDITION • AU(;UST 1976 12 A201-1976 YIN' • v' 1976 • IIIF AMIRICAN INSIMITI OF ARCHITECT , 1,15 NIW YORK AVFNLIF. N.W., WA1,111NGTON, D.C. 2ry)06 8.2.2 The Contractor shall begin the Work on the date of by such data substantiating the Contractor's right to pay- commencement as defined in Subparagraph 8.1.2. Fie ment as the Owner or the Architect may require, and re- shall carry the Work forward expeditiously with adequate fleeting retainage, if any, as provided elsewhere in the forces and shall achieve Substantial Completion within Contract Documents. the Contract Time. 9.3.2 Unless otherwise provided in the Contract Docu- 8.3 DELAYS AND EXTENSIONS OF TIME ments, payments will be made on account of materials or 8.3.1 If the Contractor is delayed at any time in the prog- equipment not incorporated in the Work but delivered ress of the Work by any act or neglect of the Owner or and suitably stored at the site and, if approved in ad- the Architect, or by any employee of either, or by any vance by the Owner, payments may similarly be made separate contractor employed by the Owner, or by for materials or equipment suitably stored at some other changes ordered in the Work, or by labor disputes, fire, location agreed upon in writing. Payments for materials unusual delay in transportation, adverse weather condi- or equipment stored on or off the site shall be con- tions not reasonably anticipatable, unavoidable casualties, ditioned upon submission by the Contractor of bills of or any causes beyond the Contractor's control, or by de- sale or such other procedures satisfactory to the Owner lay authorized by the Owner pending arbitration, or by to establish the Owner's title to such materials or equip- any other cause which the Architect determines may ment or otherwise protect the Owner's interest, including justify the delay, then the Contract Time shall be ex- applicable insurance and transportation to the site for tended by Change Order for such reasonable time as the those materials and equipment stored off the site. Architect may determine. 9.3.3 The Contractor warrants that title to all Work, 8.3.2 Any claim for extension of time shall be made in materials and equipment covered by an Application for writing to the Architect not more than twenty days after Payment will pass to the Owner either by incorporation in the commencement of the delay; otherwise it shall be the construction or upon the receipt of payment by the waived. In the case of a continuing delay only one claim Contractor, whichever occurs first, free and clear of all is necessary. The Contractor shall provide an estimate of liens, Claims, security interests or encumbrances, herein- the-probable effect of such delay on ,►he progress of the after referred to in this Article 9 as "liens"; and that no Work. Work, materials or equipment cowered by an Application 8.3.3 If no agreement is made statist the dates upon for Pavnient will have been acquired by the Contractor, which interpretations as provided in Subparagraph 2.2.8 or by any other person performing Work at the site or shall be furnished, then no claim for delay shall be al- rtrrnishing materials and equipment for the Project, sub- F lowed on account of failure to furnish such interpreta- Iect to an agreement under which an interest therein or tions until fifteen days niter written request is macie for in encumbrance thereon is retained by the seller or other- them, and not then unless such claim is reasonable. wise imposed by the Contractor or such other person. 8.3.4 Thi; Paragraph 8.3 does not exclude the recovery 9•4 CERTIFICATES FOR PAYMENT of damages for delay by either party under other prowi- 9.4.1 Tile Architect will, ).within sc%en days after the re- sions of the Contract Documents. ceipt of the Contractor's Application for Payment, either issue a Certificate for Payment to the Owner, with a ARTICLE 9 copy to the Contractor, for Such amount as the Architect determines is properly due, or notify the Contractor in PAYMENTS AND COMPLETION writing his reasons for withholding a Certificate as pro- 9.1 CONTRACT SUM vided in Subparagraph 9.6.1. 9.1.1 The Contract Sum is stated in the Owner-Contractor 9.4.2 The iSsuance of a Certificate for Payment will con- stitute a representation by the Architect to the Owner, Agreement and, including authorized adjustments thereto, based on hi; observations at the site as provided in Sub- is the total amount payable by the Owner to the Contrac- pa r graph , 3 and the slain comprising the application for for the performance of the Work under the Contract for Payment. that the Work has progressed to the point Documents. indicated; that, to the best of his knowledge, information 9.2 SCHEDULE OF VALUES and heliel, the quality of the Work is in accordance with 9.2.1 Before the first Application for Payment, the Con- Il)e Contract DOCUIllent5 (subject to an evaluation of the tractor shall submit to the architect a schedule of Values Work for coniormance with the Contract Documents allocated to the various portion; of the Work, prepared in ul)o11 Sub>t,)ntial Completion, to the WSLIIIS of any subse- such form and ;upported bV such (1.1ta to substantiate its c!Ilelll WNIS required by or performed under the Contract accuracv as the Architect n)av require. This Schedule, un_ Do(Ilr)lents, to minor deviations from the Contract Doeu- less objected to b%, the Arc hitect. ;hall be used only as a swills (orreclable prior to completion, and to any specific basis for the Contra(tor's applications for Payment. (ILIalllication; stated in his Certificalei; and that the Con- Ira(for i, entitled to payment in the amount certified. 9,3 APPLICATIONS FOR PAYMENT Irao: lowever, by i;;uing a Certificate. for Payment, the Archi- 9.3.1 At least ten clays before the dale for each progress lest ;hall not thereby he cleenled to represent that he has it established in the Owner-Contractor Agreement, nladf, exhauslive or continuous on-site inspections t0 the Contractor shall ;uhmil to the Architect an itemized check the quality or duantily of the Work or that he has Application for Payment. notarised if required, supported reviewed the construction means, methods, techniques, AIA DOCUMENT A201 - (-,INLRAI.CONDITInNs of IIIE CONTRACT [OR (ONSTRUC I ION • IIIIRILENTII EDITION • AUGUST 1976 4f AIAV • n". 1976 • IIIE AMERICAN INSIITUIF of ARCIIIILCTS. 173; NIIV YORK AVINUE, N.W., WASIIINGTON, D.C. 2C-0OG A201-1976/ 13 i/ sequences or procedures, or that he has made any exam- .4 reasonable evidence that the Work cannot be com- ination to ascertain how or for what purpose the Contrac- pleted for the unpaid balance of the Contract Sum, for has used the moneys previously paid on account of .5 damage to the Owner or another contractor, the Contract Sum. .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, or 9,5 PROGRESS PAYMENTS •7 persistent failure to carry out the Work in accord- 9.5.1 After the Architect has issued a Certificate for Pay- ante with the Contract Documents. ment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. 9.6.2 When the above grounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld 9.5.2 The Contractor shall promptly pay each Subcon- because of them. tractor, upon receipt of payment from the Owner, out of 9.7 FAILURE OF PAYMENT the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcon- 9.7.1 If the Architect does not issue a Certificate for tractor is entitled, reflecting the percentage actually re- Payment, through no fault of the Contractor, within seven tained, if any, from payments to the Contractor on ac- days after receipt of the Contractor's Application for Pay- count of such Subcontractor's Work. The Contractor shall, ment, or if the Owner does not pay the Contractor within by an appropriate agreement with each Subcontractor, re- seven days after the date established in the Contract quire each Subcontractor to make payments to his Sub- Documents any amount certified by the Architect or subcontractors in similar manner. awarded by arbitration, then the Contractor may, upon . seven additional days' written notice to the Owner and 9.5.3 The Architect may, on request and at his discretion, the Architect, stop the Work until payment of the amount furnish to any Subcontractor, if practicable, information owing has been received. The Contract Sum shall be in- regarding the percentages of completion or the amounts creased by the amount of the Contractor's reasonable applied for by the Contractor and the action taken there- costs of shut-clown, delav and start-up, which shall be ef- on by the Architect on account of Work done by such fecled by appropriate Change Order in accordance with Subcontractor. Paragraph "12.3. 9.5.4 Neither the Owner nor the Architect shall have any 9.8 SUBSTANTIAL COMPLETION obligation to pa} or to see to the payment of any moneys 9.8.1 %%`hen the Contractor considers that the Work, or to anv Subcontractor except as may otherwise be required a designated portion thereof .which is acceptable to the by law. Owner. is substantially complete as defined in Subpara- gwph 8.1.3, the Contractor shall prepare for submission 9.5.5 No Certificate for a progress payment, nor any ID the Architect a list of items to be completed or cor- progress payment, nor any partial or entire use or occu- reeled. Tile failure to include anv items on such list does panty of the Project by the Owner, shall constitute an not alter the responsibility of the Contractor to complete acceptance or any Work not in accordance with the Con- all Work in accordance with the Contract Documents. tract Documents. %%'lien the Architect on the basis of an inspection deter- 9.6 PAYMENTS WITHHELD mines that the Work or designated portion thereof is sub- stantially complete, he will then prepare a Certificate of 9.6.1 The Architect may decline to certify payment and Substantial Completion which shall establish the Date of may withhold his Certificate in whole or in part, to the Substantial Completion, shall state the responsibilities of extent necessary reasonably to protect the Owner, if in the Owner and the Contractor for security, maintenance, his opinion he is unable to make representations to the heat, utilities, damage to the Work, and insurance, and Owner as provided in Subparagraph 9.4.2. If the Architect shall fix the time within .which the Contractor shall com- is unable to make representations to the Owner as pro- plete the items listed therein. Warranties required by the vided in Subparagraph 9.4.2 and to certify payment in the Contract Documents shall commence on the Date of Sub- amount of the Application, he will notify the Contractor stantial Completion of the Work or designated portion as provided in Subparagraph 9.4.1. If the Contractor and thereof unless otherwise provided in the Certificate of the Architect cannot agree on a revised amount, the Substantial Completion. The Certificate of Substantial Architect will promptly issue a Certificate for Payment Completion shall be submitted to the Owner and the for the amount for which he is able to make such rep- Contractor for their written acceptance of the responsi- resentations to the Owner. The Architect may also decline hilities assigned to them in such Certificate. to certify payment or, because of subsequently discov- ered evidence or Subsequent nhser•alions, lie may nullify 9.11.2 Upon Substantial Completion of the b\'ork or desig- the whole nr any part of and• Certificate for Payment nated portion thereof and upnn application by the Con- previously issued, to such extent as may he necessary in tractor and certification by the Architect, the Owner shall his opinion to protect the Owner from loss because of: slake payment, reflecting adjustment in retainage, if any, .1 defective work not remedied, for such Work or portion thereof. as provided in the Con- .2 third party claims filed or reasonable evidence indi- Irart Documents. cating probable filing of such claims, 9.9 FINAL COMPLETION AND FINAL PAYMENT .3 failure of the Contractor to make payments prop- 9.9.1 Upon receipt of written notice that the Work is erh` to Subcontractors or fnr labor, materials or ready for final inspection and acceptance and upon re- equipment, ceipt of a final Application for Payment, the Architect will AIA DOCUMENT A201 • (ANCRAL CONDITIONS OF TIIC CONTRACT IOR CONSTRUCTION • T111RICENTII EDITION . AUGUST 1976 14 A201-1976 AIAI 1`176 • 111F AMIRICAN INSTITUTE. Or ARCHITECTS. 1715 NEW YORK AVENUE. N.W., WASHINGTON. promptly make such inspection and, when he finds the 9.9.5 The acceptance of final payment shall constitute a Work acceptable under the Contract Documents and the waiver of all claims by the Contractor except those previ- Contract fully performed, he will promptly issue a final ously rnade in writing and identified by the Contractor Certificate for Payment stating that to the best of his as unsettled at the time of the final Application for Pay- knowledge, information and belief, and on the basis of ment. his observations and inspections, the Work has been com- ARTICLE 10 pleted in accordance with the terms and conditions of the PROTECTION OF PERSONS AND PROPERTY Contract Documents and that the entire balance found to be clue the Contractor, and noted in said final Certificate, 10.1 SAFETY PRECAUTIONS AND PROGRAMS is due and payable. The Architect's final Certificate for Payment will constitute a further representation that the 10.1.1 The Contractor shall be responsible for initiating, conditions precedent to the Contractor's being entitled to maintaining and supervising all safety precautions and final payment as set forth in Subparagraph 9.9.2 have been programs in connection with the Work. fulfilled. 10.2 SAFETY OF PERSONS AND PROPERTY 9.9.2 Neither the final payment nor the remaining re- 10.2.1 The Contractor shall take all reasonable precau- tained percentage shall become due until the Contractor tions for the safety of, and shall provide all reasonable submits to the Architect (1) an affidavit that all payrolls, protection to prevent damage, injury or loss to: bills for materials and equipment, and other indebtedness .1 all employees on the Work and all other persons connected with the Work for which the Owner or his who may be affected thereby; property might in anv .vav be responsible, have been paid ,2 all the Work and all materials and equipment to or otherwise satisfied, (2) consent of surety. if an%, to final' be incorporated therein, whether in storage on or payment and (3), if required by the Owner, other data off the site, under the care, custody or control of establishing payment or satisfaction of all such obliga- the Contractor or anv of his Subcontractors or lions, such as receipts, releases and waivers of liens aris- SIIb-subcontractors; and ing out of the Contract, to the extent and in such form 3 ether property at the cite or adjacent thereto, in- as may be designated by the Owner. If in,.,, Subcontractnr ClUding trees, shrubs, lawns, walks, pavements, refuses w furnish a release or waiver required by the rll.id wawc structures and utilities not designated for Owner, the Contractor relay furnlSh a bond cmisfactor• to removal, relocation or replacement in the course the Owner to indemnify hint against any such lien. If elf construction. anv such lien remains unsatisfied after all payments are made, the Contractor shall refund to thr Owner all mon- 10.2,2 Tile. Contractor chill give all notices and comply ewc that the latter n1a•, be compelled to 1my in discharging nigh .Ill appiicable laws, ordinances, rules, regulations and such lien, including all casts and reasonable attornevs' la%%fell orders of any public authority hearing on the safety fees. of persons or property or their protection from damage, 9.9.3 If, alter Substantial Completion of the Work, final injury or loss. completion thereof is materially delayed thrnugh no fau!t 10.2.3 The Contractor shall erect and maintain, as re- of the Contractor or by the issuance of Change Orders quired by existing conditions and progress of the Work, affecting final completion, and the Architect so confirms, all reasonable safeguards for safety and protection, in- the Owwner Shall, Upon application by the Contractor and eluding posting danger signs and other warnings against certification by the Architect, and without terminating hazards, promulgating safety regulations and notifying the Contract, make payment of the balance due for that owners and users of adjacent Utilities. portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or cor- 10.2.4 \%'hen the use or Storage Of explosives or other rested is less than the retainage stipulated in the Contract hazardous materials or equipment is necessary for the Documents, and if bonds have been furnished as provided exeCUtinrl of the Work, the Contractor shall exercise the in Paragraph 7.5, the written consent of the Surety to the utmost care and Shall earn' on such activities under the payment of the balance due for that portion of the Work Supervision of properly qualified personnel. fully completed and accepted shall he submitted by the 10 2 ,; The Contractor shall promptly remedy all damage Contractor to the Architect prior to certification of such or Inns (other than damage or loss insured under Para- pavment. Such payment shall he made under the terms graph 11.3) to any property refenrd to in Clauses 10.2.1.2 and Conditions governing final payment, except that it shall not constitute a waiver of claims. and 10.2.1.3 caused in whole or in part by the Contractor, any SLIhCO111ractor, an}• SUb-Subcontractor, or anyone di- 9.9.4 The making of final payment Shall ConStilute a re(11%, nr indirectly employed by any of them, or by any- waiver of all claims by the Owner except those arising wiv for whose acts any of them may be liable and for from: v.hi(h the Contractor is responsible under Clauses 10.2.1.2 .1 Unsettled liens, and 10.2.1.3, except clamage or logs attributable to the .2 faulty or defective Work appearing after Substantial acts nr mni.sions of the Owner or Architect or anyone Completion, dirvcth: or indirectly employed by either of them, or by .3 failure of the Work to comply with the require- anyone for whose acts either of them may be liable, and ments of the Contract Documents, or not attributable to the fault or negligence of the Contrae- .4 terms of any special warranties required by the tor. The foregoing obligations of the Contractor are in Contract Documents, addition to his obligations under Paragraph 4.18. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - THIRTEENTH EDITION - AUGUST 1976 AIA1 - r) 1976 - THE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 NEW PORK AVENUE:. N.W., WASHINGTON, D.C. 2wol6 A201- 6 15 • Y, 10.2.6 The Contractor shall designate a responsible mem- coverages afforded under the policies will not be can- ber of his organization at the site whose duty shall be the celled until at least thirty days' prior written notice has prevention of accidents. This person shall be the Contrac- been given to the Owner. tor's superintendent unless otherwise designated by the 11.2 OWNER'S LIABILITY INSURANCE Contractor in writing to the Owner and the Architect. 11.2.1 The Owner shall be responsible for purchasing 10.2.7 The Contractor shall not load or permit any part and maintaining his own liability insurance and, at his of the Work to be loaded so as to endanger its safety. option, may purchase and maintain such insurance as 10.3 EMERGENCIES will protect him against claims which may arise from 10.3.1 In any emergency affecting the safety of persons operations under the Contract. or property, the Contractor shall act, at his discretion, to 11.3 PROPERTY INSURANCE prevent threatened damage, injury or loss. Any additional 11.3.1 Unless otherwise provided, the Owner shall pur- compensation or extension of time claimed by the Con- chase and maintain property insurance upon the entire tractor on account of emergency work shall be deter- Work at the site to the full insurable value thereof. This mined as provided in Article 12 for Changes in the Work. insurance shall include the interests of the Owner, the ARTICLE 11 Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of fire and ex- tended coverage and shall include "all risk" insurance for INSURANCE physical loss or damage including, without duplication of 11.1 CONTRACTOR'S LIABILITY INSURANCE coverage, theft, vandalism and malicious mischief. If the Owner does not intend to purchase such insurance for 11.1.1 The Contractor shall purchase and maintain such the full insurable value of the entire Work, lie shall in- insurance as will protect him from claims set forth below form the Contractor in writing prior to commencement which may arise out of or result from the Contractor's of the Work. The Contractor may then effect insurance operations under the Contract, whether such operations which will protect the interests of himself, his Subcontrac- be by himself or by any Subcontractor or by anyone di- tors and the Sub-subcontractors in the Work, and by ap- rectly or indirectly employed by any of them, or by any- propriate Change Order the cost thereof shall be charged one for whose acts any of them may be liable: to the Owner. If the Contractor is damaged by failure of .1 claims under workers' or workmen's compensation, the Owner to purchase or maintain such insurance and to disability benefit and other similar employee bene- so notify the Contractor, then the Owner shall bear all fit acts: reasonable costs properly attributable thereto. If not cov- .2 c.lainTs for damages because of bodily injury, oc- ered under the all risk insurance or otherwise provided - cupational sickness or disease, or death of his in the Contract Documents, the Contractor shall effect employees; and maintain similar property insurance on portions of the Work stored off the site or in transit when such por- .3 claims for damages because of bodily injury, sick- tions of the Work are to be included in an Application ness or disease, or death of any person other than for Payment under Subparagraph 9.3.2. his employees; .4 claims for damages insured by usual personal in- 11.3.2 The Owner shall purchase and maintain such boiler jury liability coverage which are sustained (1) by and machinery insurance as may be required by the Con- any person as a result of an offense directly or in- tract Documents or by law. This insurance shall include directly related to the employment of such person the interests of the Owner, the Contractor, Subcontrac- by the Contractor, or (2) by any other person; tors and Sub-subcontractors in the Work. .5 claims for damages, other than to the Work itself, 11.3.3 Any loss insured under Subparagraph 11.3.1 is to because of injury to or destruction of tangible be adjusted with the Owner and made payable to the property, including loss of use resulting therefrom; Owner as trustee for the insureds, as their interests may and appear, subject to the requirements of any applicable .6 claims for damages because of bodilv injury or mortgagee clause and of Subparagraph 11.3.8. The Con- death of any person or property damage arising tractor shall pay each Subcontractor a just share of any out of the ownership, maintenance or Use of any insurance moneys received by the Contractor, and by ap- motor vehicle. propriate agreement, written kwhere legally required for validity, shall require each Subcontractor to make pay- 11.1.2 The insurance required by Subparagraph 11A.1 shall menu 10 his Sub-subcontractors in similar manner. be written for not less than any limits of liability specified in the Contract Documents, or required by .law, which- 11.3.4 The Owner shall file a copy of all policies with the ever is greater. Contractor before an exposure to loss may occur. 11.1.3 The insurance required by Subparagraph 11.1.1 11.3.5 If the Contractor requests in writing that insurance shall include contractual liability insurance applicable to for risks other than those described in Subparagraphs the Contractor's obligations under Paragraph 4.18. 11.3.1 and 11.3.2 or other special hazards be included in the property insurance policy, the Owner shall, if pos- 11.1.4 Certificates of Insurance acceptable to the Owner Bible, include such insurance, and the cost thereof shall shall he filed with the Owner prior to commencement of be charged to the Contractor by appropriate Change the Work. These Certificates shall contain a provision that Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUC110N • THIRTEENTII EDITION • AUGUST,/1976 16 A201-1976 AIAO • © 1976 • TI1E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.500006 ^ / 11.3.6 The Owner and Contractor waive all rights against ARTICLE 12 (1) each other and the Subcontractors, Sub-subcontractors, agents and employees each of the other, and (2) the CHANGES IN THE WORK Architect and separate contractors, if any, and their sub contractors, sub-subcontractors, agents and employees, 12.1 CHANGE ORDERS for damages caused by fire or other perils to the extent 12.1.1 A Change Order is a written order to the Contrac- covered by insurance obtained pursuant to this Paragraph 11.3 or any other property insurance applicable to the for signed by the Owner and the Architect, issued after Work, except such rights as they may have to the pro- execution of the Contract, authorizing a change in the seeds of such insurance held by the Owner as trustee. Work or an adjustment in the Contract Sum or the Con- The foregoing waiver afforded the Architect,- his agents tract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order and employees shall not extend to the liability imposed signed by the Contractor indicates his agreement there- by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall require of the Architect, separate Con- tractors, Subcontractors and Sub-subcontractors by ap- the Contract Time. propriate agreements, written where legally required for 12.1.2 The Owner, without invalidating the Contract, may validity, similar waivers each in favor of all other parties order changes in the Work within the general scope of enumerated in this Subparagraph 11.3.6. the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being 11.3.7 If required in writing by any party in interest, the adjusted accordingly. All such changes in the Work shall Owner as trustee shall, upon the occurrence of an insured be authorized by Change Order, and shall be performed loss, give bond for the proper performance of his duties. under the applicable conditions of the Contract Docu- He shall deposit in a separate account any money so re- ments. ceived, and he shall distribute it in accordance with such agreement as the parties in interest may retch, or in ac- 12.1.3 The cost or crl,dit to the Owner resulting from a cordance with an award.by arbitration in which case the change in the Work shall be determined in one or more procedure shall be as provided in Paragraph 7.9. If after of the iollovving ways: such loss no other special agreement is made, replace- .1 h•; mutual acceptance of a lump sum properly ment of damaged work shall be covered by an appropri- itemized and supported by sufficient substantiating ate Change Order. data to permit evaluation; 2 I,y unit prices stated in the Contract Documents or 11.3.8 the Owner as trustee shall have power to adjust subsectuently agreed upon; and settle any loss with the insurers unless one of the ,3 by cost to be determined in a manner agreed upon parties in Interest shall object in .vriting within five days by the parties and a mutually acceptable fixed or after the occurrence of loss to the Owner's exercise of this percentage fee; or power, and if such objection be made, arbitrators shall be ,4 by the method provided in Subparagraph 12.1.4. chosen as provided in Paragraph 7.9. The Owner as trustee shall, in that case, make settlement with the insurers in 12.1.4 If none of the methods set forth in Clauses accordance with the directions of such arbitrators. If dis- 12.1.3.1, 12.1.3.2 or 12.1.3.3.is agreed upon, the Contrac- tribution of the insurance proceeds by arbitration is re- tor, provided he receives a written order signed by the quired, the arbitrators will direct such distribution. Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the 11.3.9 If the Owner finds it necessary to occupy or use a Architect on the basis of the reasonable expenditures and portion or portions of the Work prior to Substantial Com- savings of those performing the Work attributable to the pletion thereof, such occupancy or use shall not com- change, including, in the case of an increase in the Con- mence prior to a time mutually agreed to by the Owner tract Sum, a reasonable allowance for overhead and profit. and Contractor and to which the insurance company or In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 companies providing the property insurance have con- above, the Contractor shall keep and present, in such sented by endorsement to the policy or policies. This in- form as the Architect may prescribe, an itemized account- surance shall not be cancelled or lapsed on account of ing together %vith appropriate supporting data for inclu- such partial Occupancy or use.Consent of the Contractor sion in a Change Order. Unless otherwise provided in and of the insurance company or companies to such the Contract Documents, cost shall be limited to the fol- occupancy or use shall not be unreasonably withheld. lowing: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age 11.4 LOSS OF USE INSURANCE and unemployment insurance, and fringe benefits re- 11.4.1 The Owner, at his option, may purchase and main- quired by agreement or custom; workers' or workmen's tain such insurance as will insure him against loss of use compensation insurance; bond premiums; rental value of of his property due to fire or other hazards, however equipment and machinery; and the additional costs of caused. The Owner waives all rights of action against the supervision and field office personnel directly attributable Contractor for loss of use of his property, including con- to the change. Pending final determination of cost to the sequential losses due to fire or other hazards however Owner, payments on account shall be made on the Archi- caused, to the extent covered by insurance under this tect's Certificate for Payment. The amount of credit to be Paragraph 11.4. allowed by the Contractor to the*Owner for any deletion AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - THIRTEENTH EDITION- AUGUST 1976 AIAO - © 1976 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2=6 A201-19 17 or change which results in a net decrease in the Contract The Contractor shall carry out such written orders Sum will be the amount of the actual net cost as con- promptly. firmed by the Architect. When both additions and credits ARTICLE 13 covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, UNCOVERING AND CORRECTION OF WORK with respect to that change. 13,1 UNCOVERING OF WORK 12.1.5 If unit prices are stated in the Contract Documents 13.1.1 If any portion of the Work should be covered con- or subsequently agreed upon, and if the quantities orig- trary to the request of the Architect or to requirements inally contemplated are so changed in a proposed Change specifically expressed in the Contract Documents, it must, Order that application of the agreed unit prices to the if required in writing by the Architect, be uncovered for quantities of Work proposed will- cause substantial in- his observation and shall be replaced at the Contractor's equity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. expense. 12.2 CONCEALED CONDITIONS 13.1.2 If any other portion of the Work has been covered which the Architect has not specifically requested to ob- 12.2.1 Should concealed conditions encountered in the serve prior to being covered, the Architect may request performance of the Work below the 'surface of the ground to see such Work and it shall be uncovered by the Con- or should concealed or unknown conditions in an existing tractor. If such Work be found in accordance with the structure be at variance with the conditions indicated by Contract Documents, the cost of uncovering and replace- the Contract Documents, or should unknown physical ment shall, by appropriate Change Order, be charged to conditions below the surface of the ground or should the Owner. If such Work be found not in accordance with concealed or unknown conditions in an existing structure the Contract Documents, the Contractor shall pay such of an unusual nature, differing materially from those ordi- costs unless it be found that this condition was caused narily encountered and generally recognized as inherent by the Owner or a separate contractor as provided in in work of the character provided for in-this Contract, be Article G, in which event the Owner shall be responsible encountered, the Contract Sum shall be equitably ad- for the pavment of such costs. justed by Change Order upon claim by either party made within twenty days after the first observance of the 13.2 CORRECTION OF WORK conditions. 13.2.1 The Contractor shall promptly correct all Work 12.3 CLAIMS FOR ADDITIONAL COST rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed be- 12.3.1 If the Contractor wishes to make a claim for an fore or after Substantial Completion and whether or not increase in the Contract Sum, he shall give the Architect fabricated, installed or completed. The Contractor shall written nntice thereof within twenty clays after the occur- bear all costs of correcting such rejected Work, including rence of the event giving rise to such claim. This notice compensation for the Architect's additional services made shall be given by the Contractor before proceeding to necessary thereby, execute the Work, except in an emergency endangering, life or property in which case the Contractor shall pro- 13.2.2 If, within one year after the Date of Substantial teed in accordance with Paragraph 10.3. No such claim Completion of the Work or designated portion thereof or shall be valid unless so made. If the Owner and the Con- within one year after acceptance by the Owner of desig- tractor cannot agree on the amount of the adjustment in nated equipment or within such longer period of time as the Contract Sum, it shall he determined by the Architect. may be prescribed by law or by the terms of any appli- Any change in the Contract Sum resulting from such cable special warranty required by the Contract Docu- claim shall he authorized by Change Order, ments, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor 12.3.2 If the Contractor claims that additional cost is in- chall correct it promptly after receipt of a written notice volved because of, but not limited to, (1) any written from the Owner to do so unless the Owner has previously interpretation pursuant to Subparagraph 2.2.8, (2) any given the Contractor a written acceptance of such condi- order by the Owner to stop the Work pursuant to Para- tion. -I his obligation shall survive termination of the graph 3.3 where the Contractor was not at fault, (3) any Contract. The. (honer shall give such notice promptly written order for a minor change in the Work issued pur- ,after di<covery of the condition. suant to Paragraph 12.4, or (4) failure of pa\lnent by the Owner pursuant to Paragraph 9.7, the Contractor shall 1:3.2.3 the Conirmtnr shall remove front the site all por- make such claim as prodded in Subparagraph 12.3.1. hon< of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 12.4 MINOR CHANGES IN THE WORK 4.5.1, 13.2.1 and 13.2.2, unless removal is waived by the 12.4.1 The Architect will hJV(' authOrily to order minor Owner. changes in the Work not involving an adjustment in the Contract Sum or in exlen<ion of the Contract Time and 1:3.2.4 If the Contractor fails to correct defective or non- not inconsistent with the intent of the Contract Docu- conforming Work as provided in Subparagraphs 4.5.1, ments. Such changes shall be effected by written order, 13.2.1 and 13.2.2. the Owner may correct it in accordance and shall he binding on the Owner and the Contractor. wilh P.lragraph 3.4. AIA DOCUMENT A201 • CiLNLRAL CONDITIONS OF THE CONTRACT IOR CONStRUCtION • 1111RIEENTH EDITION • AU,;UST 1976 18 A201-1976 AIA* • ? 1176 • THE .4,P1tRICAN INSTITUrE OF ARCIIITFCIS, 171i NEW YORK AVENUE, N.W., WASHINGIO .C. 20006 �/ 13.2.5 If the Contractor does not proceed with the cor- having; jurisdiction, or as a result of an act of government, rection of such defective or non-conforming Work within such as a declaration of a national emergency making a reasonable time fixed by written notice from the Archi- materials unavailable. through no act or fault of the tect, the Owner may remove it and may store the mate- Contractor or a Subcontractor or their agents or employ- rials or equipment at the expense of the Contractor. If ees or any other persons performing any of the Work the Contractor does not pay the cost of such removal under a contract with the Contractor, or if the Work and storage within ten days thereafter, the Owner may should he stopped for a period of thirty days by the upon ten additional days' written notice sell such Work Contractor because the Architect has not issued a Certifi- at auction or at private sale and shall account for the net cate for Payment as provided in Paragraph 9.7 or because proceeds thereof, after deducting all the costs that should the O\vner has not made payment thereon as provided in have been borne by the Contractor, including compensa- Paragraph 9.7, then the Contractor may, upon seven addi- tion for the Architect's additional services made necessary tional clays' written notice to the Owner and the Archi- thereby. If such proceeds of sale do not cover all costs tect, terminate the Contract and recover from the Owner which the Contractor should have borne, the difference payment for all Work executed and for any proven loss shall be charged to the Contractor and an appropriate sustained upon any materials, equipment, tools, construc- Change Order shall be issued. If the payments then or tion equipment and machinery, including reasonable thereafter due the Contractor are not sufficient to cover profit and damages. such amount, the Contractor shall pay the difference to the Owner. 14.2 .TERMINATION BY THE OWNER 13.2.E The Contractor shall bear the cost of making good 14.2.1 If the Contractor is adjudged a bankrupt, or if he all work of the O\\ner or separate contractors destro\ed makes a general assignment for the benefit of his credi- or damaged by such correction or removal. tors, or if a receiver is appointed on account of his in- 13.2.7 Nothing contained in this Paragraph 13.2 shall be >c'Ivencw, or if he persistently or repeatedly refuses or construed to establish a period of limitation with respect f,rls. except in cases for \which extension of time is pro- to any other obligation \\•hick the Contractor might have `ided, to none ly enough properlw skilled workmen or under the Contract Documents. including Paragraph 4.5 1'r('her matenals. or if he fails to make prompt payment hereof. The establishment of the lime period of oil(, year to Subcontractors ur for materials or labor, or persistently after the Date Of Substantial Completion or such longer (llsrrcards la\vs, ordinances, rules, regulations or orders period of time .as may be prescribed hw law or by the "I anv public authority having jurisdiction, or otherwise a� terms of any warranty required by the Contract Docu- " lllty of .1 Substantial violation of a provision of the ( mitr.lcl i'ucuments, lilen the Owner, upon eertltieation � menu relates only In the specific ublig;ation of file Con- f tractor to correct the l�'r)rk, dnd h.15'no relahntl�hip In I'\ ttlt' :�rCI111eCI that SllfliClerlt CAISe CXIStS to justify such the time within \vilich his obligation to comply \\ith the lCtlnn. rllaw, without prejudice to any right or remedy and Contract Documents rnav be sout'ht to be enforced, nor •:[(.r .r.rving; the Contractor and his surety, if any, seven to the time \within which proceedinc;s may he com cI•lys :rittrn notice, terminate the employment of the menced to establish the Contractor's liability with respect ( e'rltr,ictor and take possession of the site and of all mate- to his obligations other than specifically to correct the r13k, C(I(lit)lrlent, tools, Construction equipment and Work machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem 13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK (,\pod;ent. In such case the Contractor shall not be en- tit!cd to receive any further payment until the Work is 13.3.1 If the Owner prefers-to accept defective or non- finished. conforming Work, he may do so instead of requiring its removal and correction, in .which case a Chance Order 14.2.2 If the unpaid halance of the Contract Sum exceeds will he issued to reflect a reduction in the Contract Sum the costs of finishing the Work, including compensation where appropriate and equitable. Such adjustment shall for the Architect's additional services made necessary he effected whether or not final payment has been made. thcrebv. Such excess shall be paid to the Contractor. If c4lCh costs exceed the unpaid balance, the Contractor ARTICLE 14 shill paw file difference to the Owner. The amount to be TERMINATION OF THE CONTRACT imid to the Contractor or to the Owner, as the case may Le, shall he certified by the Architect, upon application, 14.1 TERMINATION BY THE CONTRACTOR in the manner provided in Paragraph 9.4, and this obliga- 14.1,"1 If the Work is stopped for a period of thirty days Jinn for p,lvment shall survive the termination of the under an order of any court or other public authority Contract. AIA DOCUMENT A201 • GLNERAE CONDITIONS OF THF. CONTRACT FOR (W.MRIff • 1111KTEEN111 IDIHON - AUGuSr 1976 � AIAID • (K) 1976 - THE AKIERICAN INSTIIUTE OF ARCIIITECiS, 1735 NE\w YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-197 19 , 1, - K e E_d Icy F- `A �J c h c e �-C- cr e �03 o Sam AA) / �A. S l `7Y7O"M) 194co STOem b1e iM Foy g / G 14-ray. �` I1-Foo J. / SAc ri 11 Com P i ESE. B 1Otq� ���� -["F►��Pc�2r3 r' A,C, PAOIN —T — T —T I 20 30 Wo z -j Ads .REQUE%c. FOR CITY COUNCIL ACTION _Sd Date June 1.9 , 1986 Submitted to: Honorable Mayor and City Council Charles W. Thompson, City Administrat r G � Submitted by: P Y Gti� 1°r ' Prepared by: Paul E. Cook, Director of Public: Work Subject: Payment of RA 86-D1 Consistent with Council Policy? [X] Yes [ ] New Policy or Exc Statement of Issue, Recommendation, Analysis, Funding Source, Alternativ cti s,Attachments: Statement of Issue : Five Points Plaza, LTD. , has compensation due under the terms of Reimbursement Agreement 86-D1. Recommendation: 1. Approve a reimbursement of $129 , 089 . 92 as recommended by the Director of Public Works , and 2 . Authorize the Director of Finance to transfer that amount from the fund balance of Drainage District No. 9 into an expenditure account for disbursement. Analysis : On June 2 , 1986 , the City Council approval Reimbursement Agreement 86-Dl establishing a maximum reimbursement of $129 , 089 . 92 to Five Points Plaza, LTD. , for construction of an off-site master planned storm drain facility. The construction of said facility is now completed , and the Director of Public Works recommends payment according to the terms of the agreement. The Director of Finance has certified that sufficient funds are available in the fund balance of Drainage District No. 9 to allow full payment to be made. Funding Source: Drainage District No. 9 funds . Alternative Action : Make reimbursement from General Funds . Attachments : 1. Resolution Authorizing Full Reimbursement 2. Certification of Director of Finance CI,Tr :PEC:JS:dw PIO 4/84 FHCITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To PAUL E. COOK From DAN T. VTLLKF,r.A Public Works Director Director of Finance Subject DRAINAGE FUNDS Date JUNE 13, 1986 Sufficient funds are available in Drainage District Number 9 to allow a payment of $129,089.92 as proposed in your memorandum of 06/11/86. If you have any questions, please contact Wayne Lee at extension 5237. DAN T. VrL,T.Fr,TA Director of Finance DTV:skd C V E D DICPT. OF PL13' -{C �ipRKS U Rv 1 C- 1 CO- Hu��►� B>=,act-►. ca.L►F. RESOLUTION NO. 5681 { A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING FULL PAYMENT ON REIMBURSEMENT AGREEMENT NO. 86-Dl FROM DRAINAGE DISTRICT NO. 9 WHEREAS, on June 2, 1986 the city entered into Reimbursement Agreement No. 86-Dl with Five Points Plaza, Ltd. , for construction of a storm drain system located southwest of Main Street and Ellis Avenue; and Such agreement provided that reimbursement for construction be made upon completion of such project and certification by the Director of Public Works and the Finance Director that sufficient funds were available from Drainage District No. 9; and The Director of Public Works and the Finance Director have recommended an expenditure in the sum of $129,089:92 from Drainage District No. 9 funds, and the City Council approves such recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach, pursuant to the conditions contained in Reimbursement Agreement No. 86-Dl and the recommendation of the Director of Public Works and the Finance Director, that full payment is authorized to be made to FIVE POINTS PLAZA, from Drainage District No. 9 funds in the sum of $129, 089.92 , representing reimbursement for construction of a portion of a storm drain system located southwest of Main Street and Ellis Avenue. 1. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of July 1986. Mayor ATTEST: APPROVED AS TO FORM: r / ty r City/Attor,.riyk r REVIEW D APPROVED:_ I 7ATED AND _AP ROVED City Administrcdttor Director o Public Works 2 . Res. No. 5681 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s: CITY OF EM INGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that .the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of -all the members of said City Council at a regular meeting thereof held on the 7th day of July 19 81 by the following vote: AYES: Councilmen: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City. Council of the City of Huntington Beach, California �I HUNTINGTON BEACH FROM THE DESK OF Iva Kinum Public Works Department 7� OG�lG7 ("24�� ¢� SCHURGIN DEVELOPMENT CO. 3425 MCLAUGHLIN AVENUE, #201 LOS ANGELES, CALIFORNIA 90066 Tv Mr. Bill PataDoff _ CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 FIRST CLASS MAIL p,�a GEN(g4j� General Contractors• �A�Crti ti s p �'`AMfR��pS t ANDREW PAPAC AND SONS 1 2 0 3 0 S A N T A ANITA A V E N U E S O. EL M O N T E, CALIFORNIA 9 1 7 3 3 AREA CODE 213 •443-4061 •283-4027 July 27, 1984 SCHURGIN DEVELOPMENT CORPORATION 3425 McLaughlin Avenue, Suite 201 Los Angeles, CA 90066 Attn: Thomas J. Tatham Project Manager Project: Five Points Shopping Center Huntington Beach, CA File # 83-141 Dear Mr. Tatham: We propose fo furnish all supervision, labor equipment, materials, tools and supplies necessary for the construction of the items listed below on the above mentioned project. LUMP SUM BID: $91,341.50 Included: Installation of Storm Drain, Manhole, Junction Structure, Sidewalk, Pavement of Main Street and Ellis Avenue just over the storm drain ditch. Excluded: Removal and Replacement of trees, Landscaping, Irrigation, Parking Lot Paving, Surveying, Permits, Inspection Fees, Removal or Repair of any Well Caps, Oil, Gas or Water , Pipes. This quote is good for 90 days only, unless a written commitment has been made to us in that time this quote will become invalid. Sincerely, Richard Kordich Project Estimator CLARKE CUA 1 HA+l,111N is t.,PUMA I WiN GENERAL.ENGINEERING CONTRACTOR r 1218 5.Alameda Street (213)537.6470 Compton,California 90220 License No.325884 P.O. Box 5664 Compton, California 90224 July 27, 1984 Schurgin Development Co. 3425 McLaughlin Ave. Mar Vista, CA 90066 Attn: Mr. Tom Tatham Ref: Five Points Shopping Center Storm Drain Huntington Beach Dear Mr. Tatham: We are pleased to submit our bid to construct this project as follows: Lump Sum Storm Drain $93,500.00 Construction, including removals; furnish, dig & lay pipe; backfill; haulaway excess materials Optional additions to Base Lump Sum Price: 1. Payment and Performance Bonds $750 . 00 2 . Survey $2 ,600.00 3. Restore surface improvements, C'OC.v • ©a including asphalt, concrete, landscape (except palm trees) and irrigation $18, 700.00 Conditions: 1. Clarke Contracting Corp. excludes permits, inspection and testing, 2. Palm tree removal, relocation and/or replacement is excluded from this proposal . 3 . For pavement replacement purposes, the existing Main Street section is assumed to be 6 " AC/6 " C.M. B. and the existing parking lot section is assumed to be 3" AC/4" C.M.B. C;LARKE CONTRACTING C ORPORAXION GENERAL ENGINEERING CONTRACTOR 1218 S.Alameda Street - (213)537-6470 Compton,California 90220 License No.325684 P.O. Box 5664 Compton, California 90224 July 27 , 1984 Paste 2 Changes in crushed miscellaneous base quantity will be charged or credited at a price of $5. 00/Ton. Changes in asphalt concrete quantity will be charged or credited at a price of $26. 00/Ton. 4. This bid is based on the assumption that the trench walls will stand vertical. From the available soils report for the shopping center development east of Main Street, south of Beach Blvd. and from field investigation, this appears to be a valid assumption. In the unlikely event that a running soil condition is encountered which threatens the stability of build- ing foundatiota in the area, we will negotiate a price to shore and protect affected structures. 5 . Monthly progress payments will be made and payment-in-- full for all work will be made within thirty (30) days after final inspection by the City. Our pipe supplier has indicated. that six (6) weeks will be required to furnish the RC pipe. He has cautioned us that a heavy demand is anticipated in the coming weeks for RC pipe and that the waiting period will soon increase dramatically. Thank you for the opportunity to bid on your project. Sincerely, . CLARKE CONTRACTING CORP. Stephan A. Hennes Project Manager SAH/at G o.J!/�/� �/" ! `�`{�r. ✓.�c cad TiCX. �Q/ -� _ C c.. J'Tvr 6a� P2. �r �/�" o ✓ C-a A` �/y � ��.�r ale //:.4a./ D. G. CONCRETE CONSTRUCTION 850 COLORADO BLVD.,SUITE 102 LOS ANGELES, CA. 90041 PHONE: (213) 254-7952 October 10, 1984 Schurgin Development Corp. 3425 Mc Laughlin Avenue, Suite # 201 Los Angeles, California 90066 Attention: Sam ?Martin Project: Storm Drain for five point shopping center City of Huntington Beach Gentlemen: For the Storm Drain system and structures as shown on your plans, Lump Sum $108, 3.10.00. The bid above includes the following work: 1 . Remove existing 30" Cmp and replace it with 33", 30", and 27" RCP, including excavation backfill, compaction and. Haulaway. 2. Do all concrete structures as called out in the plans. 3. Do paving as shown on Ellis Ave. and Main Street. 4. Place temporary Asphalt over Our trenches in the shopping center. 5. Replace any curbing for the planter boxes damaged by us. 6. Replace any sprinkler in planter boxes damaged by , a US. The bid above excludes the following work: 1. No tree removal or replacing, work by others. 2. No small planting on planter boxes, work by others. 3. No permanent paving or sidewalk work in the shopping lot area, work by others. If you have any questions please call me. Thank you, D. G. Concrete Construction ad Dominic Gian reg i , Pres. DDDOY GENERAL CONTRACTOR JACK MALVEN CORPORATION Lic.289862 J26191SOUTH DAPHNE AVENUE HAWTHORNE,CALIFORNIA 90250 TELEPHONE(213) 756-8141 November 1, 1984 Schurgin Development Corporation 3425 McLaughin Avenue Suite 201 Los Angeles, CA 90066 Attention: Thomas J. Tatham Subject: Storm Drain for Five Points Shopping Center Gentlemen; We are pleased to submit our proposal to furnish and install the storm drain and related landscaping, . concrete, electrical, A/C paving, masonry and plumbing work described and depicted on your Drawing no. 412, Sheet one of one, dated September 19, 1984. The total cost of the project is Two Hundred Ten Thousand Two Hundred Twelve Dollars and No/00----------------------------------------------$210,212.00. This price is based on the commencement of the project no later than January 30, 1984. This proposal is valid for .forty five (451 days. We are excluding from our scope of work: Plan Check; Plan Check Fees; Engi- neering; Survey; Underground Obstruction not noted on plans; Dewatering; and any natural conditions that would call for work beyond those depicted or noted on the drawings. If you have any questions, please contact us. Thank you. Very truly yours, JACK'MALVEN COREQRATION - Gary Guesman Project Manager GG/jp OCT 2 3 1984 "`'1 4 31984 License No.255794—C42—C34 PHONE: 531-613', R. & L . SEWER 8815 E. COMPTON BOULEVARD PARAMOUNT, CALIFORNIA 90723 4ATT : Tom Tatham PROPOSAL AND CONTRACT Date October 19 , 1984._ Schurgin Development Corporation Nam , Addr ss 3423 McLaughin Ave . , Mar Vista , Ca 90066 Job Add reas STORM DRAIN---Beach Blvd. & Main , Huntington Beach The undersigned agrees to furnish and provide necessary labor, materials, tools, implements, and appliances to do, perform and complete in a good workmanlike manner the following: SEE ATTACHED A11 the above work to be completed for the sum of ONE HUNDRED FORT`! THOUSAND FOUR HUNDRED THIRTY SIX DOLLARS AND NO CENTS*********** Dollars $ 140♦4*16.00 1 Any alterations or deviation from the above, involving extra cost of material or labor, will be executed only on written orders for saute and will become an extra charge over the sum mentioned above. All agreements must be in writing. SEE ATTACHED In the event that it becomes necessary to institute suit or to employ an attorney to collect any payment or payments due the under- • signed for labor or materials furnished under this agreement or any modification thereof, then you shall be liable to the undersigned for court costs and attorneys fees; said attorney's fees shall be in an amount equal to one-third of the,amount for which recovery is prayed. Terms of payment shalt be as follows: TERMS OF PAYMENT : 9 5% upon 'completion of total work, balance 30 days thereafter . This proposal Is void if not accepted within 30 days. RRespectfu 1l �!7d, �� RICHARD WOLLER R & L SEWERS , INC. ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which agree to pay the'amount mentioned in said proposal and in accordance with the terms thereof. ACCEPTED AND AUTHORIZED BY Signed Date . 19 Signed E s are required by law to be licensed and regulated by the Contractors'State License Board. ons concerning a contractor may be referred to the registrar of the board whose address is: Contractors'State License Boarct. 020 N Street,Sacramento, California 95814. .S• -rroposal Schurgin Dev. Corp. Storm Drain Huntington Beach R & L Sewers , Inc . 460 LF 33" RCP 1500 D 1 120 .00 55200 .00 276 LF 30" RCP 1500 D @ 150 .00 41400 .00 108 LF 27" 1000 D @ 132. 00 14256 . 00 12 LF 18" RCP @ 60 .00 720 .00 32 LF * 12" RCP @ 55 . 00 1760 .00 2 Ea. Junction Structure B @4200 . 00 8400 .00 i 2 Ea. Remodel catch basins with local depression @3200 .00 6400 .00 1 Ea. Junction Structure A @5500 . 00 5500 .00 1 Ea. Manhole @3800 .00 3800 .00 2 Ea. * Juncture Structure C @15.00 . 00 3000 . 00 Total $140 ,436.00 a * These two items may be deleted from bid if not needed . NOTES : 1. All quantities are provisional . Final quantities as determined by the engineer . . 2. Owner to pay all cost of inspection, engineering and permit fees . 3 . Sub-Contractor not responsible for obstruction not shown on plans/ 4 . Lowering or raising of manholes to finish grade priced at $60.00 per foot or less . 5 . Bid does not provide trenching in rock. If blasting or hammering is required , cost will be negotiated . Rock is anything that a 690 John Deere will not dig 50 ' hour. 6. If ground water is encountered and extra rock base is required the cost of extra will be $10 . 00 per ton. 7 . Bid does not provide restoration of any landscaping, fruit trees , pavement patching or sprinkler systems . 8. This bid is based on unsigned plans . 9 . Subject to material increases . 10. All excavated material will be left adjacent to the trench, (no haul away) a E i LOANT ,ACT 11 1984 CONSTRUCTION GENERAL ENGINEERING CONTRACTOR P.O. BOX 6796 • BUENA PARK, CA 90622 (714) 952-1411 9 (213) 420-9452 OCTOBER 11 , 1984 SCHURGIN DEVELOPMENT CORPORATION 3425 MC LAUGHLIN SUITE 201 LOS ANGELES, CA 90066 RE: FIVE POINTS PLAZA HUNTINGTON BEACH DEAR MR. TATHAM: WE PROPOSE TO FURNISH ALL LABOR, EQUIPMENT, AND MATERIALS TO CONSTRUCT THE STORM DRAIN FOR THE ABOVE REFERENCED PROJECT. 1. 460 L.F. 33" R.C.P. 1500-D @ 176.00 80960.00 2. 226 L.F. 30" SAME 106.00 23956.00 3. 108 L. F. 27" SAME 128.00 13824.00 4. 12 L.F. 12" SAME 95.00 1140.00 5. 2 EA. J.S. TYPE "B" PER #305 1875.00 3750.00 6. 1 EA. J.S. PER #304 2700.00 2700.00 7. 2 EA. RECONSTRUCT. L.D. PER #302 520.00 1040.00 8. 2 EA. JOIN EXIST. C.B. PER. 301 625 .00 1250.00 9. 1 EA. RECONSTRUCT C.B. 375.00 375.00 10. 2 EA. J.S. TYPE "C" PER #325 500.00 1000.00 11. 3 EA. CONNECT TO NEW STORM DRAIN 840.00 2520.00 r , TOTAL 132515.00 NOTE: THE ABOVE PRICES DO NOT INCLUDE ENGINEERING AND OR STAKING, PERMITS, INSPECTION FEES, IMPORTED OR SLURRY BACKFILL. RESPECTFULLY SUBMITTED BOB STEVENSON STANDARD QUOTATION AND ORDER bCT 1 1984 TO Schurgin Development Corporation DA, - October 15, 1984 ' hereinafter called Owner 3425 McLaughlin Avenue Suite 201 OUR NO Street PLAN NO Los Angeles, California 90066 City PERMIT NO This duly licensed company or individual Col ich and Sons (JV) hereinafter called Contractor, agrees to construct in a good and workmanlike manner for Owner, subject to the terms and conditions set forth herein and on the reverse side hereof, furnishing all labor, material, tools,and equipment therefor, the work as noted herein for the unit prices as met forth below: Construction- of.-storm drain for the Clothestime Five Points Plaza in the City of Huntington Beach in accordance with the plans and specifications and consisting of the quantities shown on the attached schedule and for the unit prices shown thereon. on the following described real property: Lot Tract_ in City of County of ,State of California Owner agrees to pay to the Contractor for said work listed above the sum of $ 14.5,783.40 unit prices to prevail. Contractor will submit invoices to Owner on the 1st and 16th of each month after commencement of construction for all work done by Contractor to date of invoice. Owner shall pay 90% of the sums presented on each invoice on or before the loth and 25th of each month following presentment of invoice. The retained balance of the contract shall be paid to Contractor on presentation to Owner of waiver or preliminary letter of acceptance by appropriate County or City authorities, or if none, at such time as the mainline sewer is used byy Owner or his agents,representatives or successors in interest, or within 30 days after completion of work by Contractor,whichever is sooner. ACCEPTANCE: couCH & SONS (JV) Your are hereby authorized to furnish and install the above 4 equipment and materials at the price and under the terms and conditions as set forth above and on the reverse side hereof: A7 W.oft" STREET ENA , 90248 Owner / 21 292 By By Date AcceptQ.l 19 .. 1. The Contractor agrees to commence work hereunder within_____.____ ._—_days after receipt of written notice from the Owner to do so, and to prosecute said work thereafter diligently and continuously. 2. Contractor shall pay promptly all valid bills and charges for material, labor or otherwise in connection with or arising out of the aforesaid construction and will held Owner of the property free and harmless against all liens and claims of lien for labor and material thereon filed against the property or any part thereof, and Contracto► shall promptly proceed to discharge any such lien or claims of lien should they be filed. 3. The plans and specifications are intended to supplement each other, so that any works exhibited in either and not mentioned in the other are to be executed, wherever reasonable, the same as if they were mentioned and set forth in both. 4. Should the Owner at any time (luring the progress of the work request any modification,alterations or deviations in, additions to, or omissions from, this contract or the pl.:ns or specifications, he shall be at liberty to do so, and the same shall in no way affect or make void this contract: but the price aforesaid shall be adjusted, as the case may be, by a fair and reasonable valuation based upon the actual cost of labor and material plus 10% overhead and 10% profit to the Contractor. This contract shall be held to be completed when the work is finished in accordance with the original plans as amended or modified by such changes, whatever may be the nature or ezrtent thereof. Contractor is not deemed to have waived his right to compensation for extra work if the same is not provided for in writing. Any necessary repairs or cleaning of sewer lines after presentment of waiver or preliminary letter of acceptance or use by owner or his agents, due to causes beyond the Contractor's control, shall be the responsibility of the Owner. o. Contractor shall not be responsible for delays in said work caused by (a) the acts of Owner or his agents or employees of those claiming under agreement with or grant from Owner, or by (b) the Acts of God which Contractor could not have reasonably foreseen and provided against, or by (c) stormy or inclement weather which necessarily delays the work or by (d) any strikes, boycotts or like obstructive action by employees or labor 1 organizations, and any unforseen contingencies which are beyond the control of Contractor and which he cannot reasonably overcome. Any costs incurred by Contractor as a result of delays in construction caused by owners, other contractors or sub-contractors or owner's agents, representatives, or assigns, shall be paid for by the Owner, and if the Contractor is forced to temporarily abandon the job site or is interrupted in the continuous operation of the construction, because of the aforesaid delays, moving "in and out" charges will be added to the price aforesaid. 6. The Contractor shall not be responsible for any damage occasioned by the Owner or Owner's Agent, Act of God, Earthquake, or other causes beyond the control of the Contractor, unless otherwise herein provided or unless he is obligated by the terms hereof to provide insurance against such hazard or hazards. 7. Contractor shall at his own expense carry all Workmmen's Compensation Insurance and Public Liability Insur- ance necessary for the full protection of Contractor and Owner during the progress of the work. Certificates of such insurance shall be filed with Owner if Owner so requires, and shall be subject to his reasonable approval as to the adequacy of protection. 8. All permits, inspection fees, engineering fees, premiums on labor and material bonds, performance bonds and resurfacing costs shall be paid for by Owner. Road Department permits shall be obtained by Owner in his own name. 9. Owner agrees to furnish water at his expense to Contractor within the tract site in amounts sufficient for flooding trenches. 10. All excess dirt from excavations by Contractor shall he left at trench site;-any removal of dirt from the trench site, including the regrading of streets and lot grades shall be the responsibility of the Owner. 11. Contractor agrees to set manholes to "blue top," elevations shown on grade stakes, set by engineer at the time of installation of manholes. Any subsequent changes in elevations to a maximum of six (6) inches, shall be done at an additional cost of $25.00 per manhole, plus an additional charge of $25.00 for each additional six (6) inches or any part thereof. 12. In the event Contractor shall institute and prevail in any action or suit for the enforcement of any of its rights hereunder, Owner shall pay to Contractor a reasonable attorney's fee on account thereof. 13. All quotations herein are made by Contractor for immediate acceptance, and are binding on Owner when signed by Owner or his Agents. (FORM ADOPTED BY ASSOCIATED SEWER CONTRACTORS, INC.. 1956) Systems and Graphics LOS ANGELES . FORM 1001 f e ich and Sons (JV ) Schurgin Development Corp. 547 W. 140th Street Clothestime Five Points Plaza Gardena , California 90248 Huntington Beach DESCRIPTION QUANTITY UNIT PRICE AMOUNT 33" RCP 1500D 415 LF 110.00 $ 45,650.00 30" RCP 1500D 226 LF 101.00 22,826.00 27" RCP 1500D 108 LF 100.00 10,800.00 18" RCP 2000D ,12 LF 88.00 1,056.00 Jack 33" RCP 45 LF 500.00 22,500.00 Junction structure Type "B" 2 EA 3,650.00 7,300.00 Junction structure Type "C" 2 EA 700.00 1,400.00 Junction structure Type "A" 1 EA 3,200.00 3,200.00 Join existing catch basin 2 EA 1,500.00 3,000.00 Remove existing CMP 600 LF 10.00 6,000.00 Reconstruct L.D. 2 EA 700.00 1,400.00 Reconstruct and reshape botton of C.B. 1 EA 1,500.00 1,500.00 Remove existing 24" RCP 116 LF 10.00 1,160.00 Remove existing inlet 1 EA 250.00 250.00 Concrete sidewalk replacement 385 SF 5.00 1,925.00 6" concrete curb replacement 350 LF 10.00 3,500.00 AC replacement (4" AC on 6" CAB) (Ellis Ave. and Main Street) 780 SF 3.50 2,730.00 AC replacement(3" on native) (Parking lot) 5072 SF 1.20 6,086.40 Landscaping L.S. 3,500.00 3,500.00 $145,783.40 The above prices do not include engineering, soil testing, permits, special bedding or backfill , de-watering, drilling and blasting. Temporary paving extra at $45.00 per ton. Erosion control shall be provided by owner or his agent. Quotation subject to revision if not accepted in 15 days. After the conduit has been installed, any additional cleaning will be extra work if not `. due to the contractor's negligence. Unit prices to prevail . Satisfactory workinq right-of-way to be provided by the owner. Contract bond premium is not included in the unit prices and will be supplied, if requested, at the additional cost of 1% of contract amount. Construction water will be provided at the worksite by the owner at no cost to the contractor. This proposal is predicated on completing work with one move-on. Additional move-ons will be extra at $3,000.00 per move-on. Bid is predicated on jacking the 33" RCP from station 11+55 to 12+00. Bid is predicated on removing CMP and RCP that lies in the alignment of the new pipe only. This proposal is predicated on using native soil for backfill , imported backfill will be extra. If rock is encountered that cannot be excavated by a 3 cubic yard capacity backhoe, (Linkbelt 5800) , or equivalent, operated in accordance with the manufacturers specifications and explosives or pneumatic tools are required to excavate the trench, the additional cost to complete the work in the rock area is to be paid as extra work. Items for which no bid item is included are not included in the bid. Alteration, relocation, replacement and/or repair of interfering substructures, not shown or incorrectly shown on the bid plans, are not included except as extras. Interfering substructures include, but are not limited to, utility lines and sewers. The unit prices quoted herein are subject to change in the event this project is not completed by June 30, 1985. U FIELD SERVICES, INC. July 27 , 1984. Mr. Tom Tatham Schurgin Development Corp. 3423 Mc Laughlin Avenue Mar Vista, CA 90066 Dear Mr. Tatham: This letter is a verification of the bid for the Storm Drain Replacement at Five Points Shopping Center. in Huntington Beach. ' The lump sum for the total project is $134 , 766 . 00 . The bid without curb and gutter, pavement and landscaping is $118, 466 . 00 . These prices include material, equipment, and labor to complete . the project. In preparation of the bid, the following assumptions: were made : 1 . The replacement of 4 new palm trees, 2 . The soil conditions are stable and trenching will only require routine hydraulic jacking and shoring, (the soil condition was based . on information from Mr. Stencil from the City of, Huntington Beach Engineering Dept. ) 3 . No estimates of cost were included for repairs or replacement of any underground structures or building foundations disturbed or damaged during trenching operations due to the lack of plans or drawings of the existing buildings . We are looking forward to working with you on this .project and in the future. If you have any questions regarding the bid please do not hesitate to contact us. Yours truly, v � � Peter A. Woodfill President JRC:kag Mailing Address - P.O. Box 1494 1402 E. L:,mita VViIm ,:gton, c-� �C?748 f213) 835-�472 - } SCHURGIN DEVELOPMENT CORPORATION 3425 McLaughlin Avenue•Suite 201 • Los Angeles,CA 90066• (213) 390-8841 October 12, 1984 Ms. Ruth Gore Bayly, Martin & Fay 3200 Wilshire Blvd. 13th Floor Los Angeles, CA 90010 Re: FIVE POINTS PLAZA Increasing Faithful Performance Bond to $125,000 Dear Ruth: Per your letter dated October 4, 1984, I have enclosed the original bond in the amount of $75,000.00 received back from the City of Huntington Beach as well as blank bond form to be used for the new one. Bill Patapoff, Civil Engineer for the City of Huntington Beach, is requesting- that the new bond be delivered to him prior to October 15th, 1984, however, I understand that it is your Bonding Agent's position that you will need .to _review the subcontractor's contract and confirmation of the subcontractor's bondability , before you can do said bond. The following companies are bidding the storm drain: 1. Lbant Construction 2. Tibido Construction 3. D & G Construction 4. C.K. Pump 5. Colich & Son 6. Jack Malven Construction 7. Sunset Concrete Construction Sincerely, SCHURGIN DEVELOPMENT CORP. Karen Klein Asst. Vice President, Operations /kk Enclosure cc: Bill Patapoff Rosalind Jonas Schurgin Tom Tatham Delivered by Messenger SCHURGIN DEVELOPMENT CORPORATION 3425 McLaughlin Avenue•Suite 201 • Los Angeles,CA.90066• (213) 390-8841 August 24, 1984 Mr. Bill Patapoff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 Main Street Huntington Beach, CA 92648 RE: STORM DRAIN Main Street/5 Points Center Dear Bill: Confirming our conversation this date, per discussions with Les Evans , we will increase the amount of the bond to $125,000.00, we will re-bid the entire scope of the storm drain project to five (5) additional contractors in an attempt to reduce construction costs for construction in early 1985, and you will not withhold the Certificate of Occupancy of our shopping center project upon completion. I will supply you with a signed, notarized copy of the Security Agreement reflecting the increased estimated cost of construction under separate cover, and I will supply you with bonding in the amount previously mentioned as soon as possible. Sincerely, SCHUR IN DEVELOPMENT CORPORATION Sam Martin Vice President Construction SM/jr HAND DELIVERED SCHURGIN DEVELOPMENT CORPORATION 3425 McLaughlin Avenue•Suite 201 • Los Angeles, CA 90066• (213) 390-8841 DATE October 8, 1984 TO: CITY OF HUNTINGTON BEACH W. O. NUMBER #132 2000 Main Street Clothestime Five Points Plaza REFERENCE Huntington Beach, CA 92648 Huntington Beach, CA ATTENTION: Mr. Bill Patapoff GENTLEMEN: WE ARE SENDING YOU . . . x Attached _Under separate cover: _Blueprints —Plans _Calculations VIA _Mail _UPS _Copy of Letter _Originals A—Delivery _Other Copes 0kX"cjCD ate d Revision Dated DESCRIPTION 1 SECURITY AGREEMENT FOR IMPROVEMENTS BETWEEN THE CITY OF HUNTINGTON BEACH AND FIVE POINTS PLAZA - notarized 10-5-84. 1 9-7-84 Letter from Bill Patapoff to Karen Klein 1 10-4-84 Letter from Ruth Gore to Karen Klein THESE ARE TRANSMITTED as checked below: _For Approval _Approved as Submitted _Resubmit . .Copies for Approval XFor Your Use _Approved as Noted —Submit ._..Copies for Distribution XAs Requested _Returned for Corrections _Return .. .Approved Prints _For Review and Comment REMARKS: Enclosed please find the above referenced material for your use. Should you have any questions or comments, please do not hesitate to call. Please sign and return a fully exeCULed cogv to onr cff; _ Thank volt_ Copy to: SCHURGIN VELOPMENT CORPORATION Sam Martin, Vice President Construction CITY OF HUNTINGTON BEACH 2000 MAINSTREET CALIFORNIA 92648 Paul E. Cook September 7, 1984 Public Works Department Director (714) 536-5431 Schurgin Development Corporation 3425 McLaughlin Avenue Suite 201 Los Angeles, CA 90066 Attention: Karen Klein Subject: Five Points Center (File #83-141) Dear Karen: Per our conversation today, the City of Huntington Beach requests that the $75,000 bond for storm drain improvements be increased to $125, 000. Please send the increased bond with the signed agreement to us as- soon as possible. Also, prior to October 15, 1984, provide us with the five additional bids for the storm drain system construction. (Sam Martin and I discussed this previously) . We will withhold occupancy unless we have received the above mentioned items. Very truly yours, Bill Patapoff Civil Engineer Associate WAP: lw cc: Sam Martin, Schurgin Dev. Tom Blackburn Fi Wariin & Fad Los Anac:les 736-9712 Dwecf Line. October 4, 1984 Ms. Karen Klein Assistant Vice President Schurgin Development Corporation 3425 McLaughlin Avenue, Suite 201 .�y Los Angeles., Ca. 90066 RE: FIVE POINTS PLAZA Contract Bond-Upgrading of existing storm drain line at Five Points Shopping Center City of Huntington Beach, Ca. Increasing bond to $50,000. Dear Karen: Due to re-insurance arrangements, additional information has been requested by Fremont Indemnity Company, which when received and analyzed, should result in approval for the additional $50 ,000. bonding for storm drain improvements. Following is the information needed: 1. Listing of all bids received. 2 . Copy of contract with successful bidder. r- - t: 3. Confirmation of bondability of successful bidder. 4. Release of prior bond for $75,000. 5. Confirmation of financing.. Please provide information at your earliest convenience and if you have any questions, please advise. Tally, Yi e Bos- rg/ cc: Jay Miller Gene Cristiano, Fremont Indemnity Co. omar 'I w�:Jl ii 3''1 fr'Oi 3200 Wilsliire Borrleuard/ 1,os.Aulgeks, California 9001U; F�'i 7 364 600! r ABLE aV)jjj.' S:"B " i SECURITY AGREEMENT FOR IMPROVEMENTS 'BETWEEN THE CITY OF HUNTINGTON BEACH AND FIVE POINTS PLAZA THIS AGREEMENT is made and entered into this day . of 1984, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and FIVE POINTS PLAZA, a California limited partnership, hereinafter referred to as "DEVELOPER. ' WHEREAS, DEVELOPER . desires to develop certain property on the west side of Beach Boulevard, south of Ellis Avenue, and WHEREAS, CITY requires, pursuant to Huntington Beach Municipal Code Section 14.48.060, the upgrading of the existing storm drain line at the Five Points Plaza, NOW, THEREFORE, in consideration of the promises and agreements of the parties herein set forth, the parties mutually agree as follows : 1 . COST OFF-SITE CONSTRUCTION The work which DEVELOPER is obligated to perform .is estimated to cost $125,000.00. 2. SECURITY DEVELOPER shall provide CITY with a bond, cashier 's check, cash or instrument of credit from one or more responsible financial institutions in the amount of $125,000.00 , naming CITY as obligee, guaranteeing that DEVELOPER construct said off-site storm drain improvements to the standards required by the Department of Public Works for CITY. - 1 - 3 . CONSTRUCTION The storm drain system, including necessary catch basins and junction structures., shall be constructed as shown in Exhibit "A" (attached hereto and incorporated herein) and shall consist of 460 linear feet of 33 inch reinforced concrete pipe (RCP) 226 linear feet of 30 inch reinforced concrete pipe, and 108 linear feet of 27 inch reinforced concrete pipe. The storm drain system shall be constructed in accordance with all applicable laws , ordinances and building codes prior to the release of DEVELOPER' S property for occupancy. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. DEVELOPER: CITY OF HUNTINGTON BEACH, FIVE POINTS PLAZA, A municipal corporation A limited partn ship Mar Sch in Mayor A ne al tner �. Rosalind Jona churgin, A general partyfer �r ATTEST: APPROVED AS TO FORM: City Clerk City Attorney -re, REVIEWED AND APPROVED: INITIATED AND APPROVED: f: City Administrator Director of Public Works �� - 2 - CAT.NO.NNO0630 TO 21946 CA (1—83) JTICOR TITLE INSURANCE (Partnership) STATE OF CALIFORNIA COUNTY OF Los Angeles SS. On October 5, 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared Mark A. Schurgin & Rosalind Jonas Schurgin W C W _ personally known to me or dproved stoo ms on the basis of satisfactory evidence to be F GenerjfrYa>_`L3ierso executed the within instrument as a of the partners of the partnership that executed the within instrument, and acknowledged SEAL to me that such partnership executed the same. KAREN OFFICIAL CIALMERED H KLEIN WITNESS my hand and official seal. NOTARY PUBLIC - CALIFORNIA v06 (y ' n f �y� LOS ANGELES COUNTY Signature / 1j�c11.Q,/ljk I Q Q Lac ) r « My comm. expires JAN 31, 1986 (This area for official notarial seal) -,.,SE,C_1- 10-NAL . DISTRICT MAP 35-5-1 I CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP R1 tt __ itJity �j TALBERT ( AVE. F. TAYWR w I I - ONTARIO DR 11 I C F C --- ,.JyAryray Cq 1 � r t.77 w'T✓+��Ov'.a W t� - JtL- 4LBERT� 4d, iJo DRP NKat. - - - -� 1 -_-- I l_1-L_l_LJ•J_/ RAW `-OFi I` _.F YUKON DR _ El -T7 COMMODOR CR __ J 1 _ , ,- - 3 W i o I -t GARFIELD AVE ' SCHURGIN DEVELOPMENT CORPORATION 3425 McLaughlin Avenue•Suite 201 • Los Angeles, CA 90066• (213) 390-8841 DATE October 26, 1984 CITY OF HUNTINGTON BEACH #132 TO: V!. O. NUMBER 2000 Main Street REFERENCE Clothestime Five Points Plaza Huntington Beach, CA 92648 Huntington Beach, CA ATTENTION: Mr. Bill Patapof f GENTLEMEN: WE ARE SENDING YOU . . . Attached _Under separate cover: _Blueprints _Plans —Calculations VIA x Mail _UPS _Copy of Letter _Originals _Delivery _Other Copes 1Ea5+1&M*Dated Revision Dated DESCRIPTION 1 10-19-84 Storm Drain bid from R & L Sewer $140,436.00 THESE ARE TRANSMITTED as checked below: _For Approval _Approved as Submitted _Resubmit ....Copies for Approval x For Your Use _Approved as Noted _Submit ._..Copies for Distribution ,,,As Requested _Returned for Corrections _Return _. .Approved Prints _For Review and Comment Enclosed please find an additional storm drain bid for the above referenced REMARKS: project. Copy to: SCHURGIN DEVELOPMENT CORPORATION B Y: Janet Ruehle Construction Department J HAND DELIVERED SCHURGIN DEVELOPMENT CORPORATION 3425 McLaughlin Avenue•Suite 201 • Los Angeles, CA 90066• (213) 390-8841 DATE October 15, 1984 CITY OF HUNTINGTON BEACH #132 TO: V,t. O. NUMBER 2000 Main Street Clothestime Five Points Plaza REFERENCE Huntington Beach, CA Huntington Beach, CA ATTENTION:_ Mr. Bill Patapoff GENTLEMEN: WE ARE SENDING YOU . . _fAttached —Under separate cover: _Blueprints _Plans _Calculations VIA _Mail _UPS _Copy of Letter _Originals ?cDelivery _Other Copies Drawing Dated Revision Doted DESCRIPTION Five (5) Storm Drain Bids THESE ARE TRANSMITTED as checked below: _For Approval _Approved as Submitted _Resubmit .. .Copies for Approval _For Your Use _Approved as Noted _Submit ....Copies for Distribution _As Requested _Returned for Corrections _Return .. .Approved Prints x For Review and Comment REMARKS: Enclosed please find the five (5) storm drain bids as requested. Copy to: SCHURGIN DEVELOPMENT CORPORATION By: Thomas J. Tatham Construction Department