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TC Minutes 07-19-1991f i MINUTES OF THE SPECIAL MEETING OF THE TOWN COUNCIL HELD JULY 19, 1991 - 12:00 Noon The Special Meeting of the Avon Town Council of the Town of Avon, Colorado, was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Pro Tem Jim Stovall at 12:10 p.m. A roll call was taken with Albert Reynolds, Mike Bennett, and Gloria McRory. Mayor Jerry Davis was absent. Also present were Town Manager Bill James, Director of Community Development Rick Pylman, Director of Engineering Norm Wood, Town Clerk Patricia J. Doyle. The first item of business was the Contract of Colorado First Construction in respect to the Wildwood Townhomes Project. Mr. James stated that the contract had been reviewed by several staff members, Town Attorney, Jeff Spanel, Mark Donaldson, as well as himself. He stated that there were some deletions and suggested additions to the contract. He stated that Rick Pylman would discuss those changes in detail. He stated that there was another issue that would be discussed, and that was the decision of the Planning and Zoning Commission not to allow asphalt shingles to the Townhomes. He stated that this would immediately add an additional $21,000 to the project's budget. Mr. Pylman then proceeded to review the changes of the contract with the Council (see contract and its changes attached to these minutes). After the discussion of the changes, Councilwoman McRory moved to authorize the Town Manager to execute the contract with the changes which were outlined by Rick Pylman. The motion was seconded by Council- man Reynolds and was unanimously carried. Mr. James then discussed the decision of the Planning and Zoning Commission of not allowing asphalt shingles to the Wildwood Townhomes. He stated there were several concerns, one was because the Town of Avon was involved in the project; two,was that the Wildridge Covenants prohibited the use of asphalt shingles. He stated the other alternative would be to install fiberglass shingles(a woodruf product). This 0 1J would cost an additional $21,000. He stated that these funds would have to be handled one of two ways: 1. That the Town receive a better price from Colorado First Construction. 2. That the $21,000 would have to come out of the reimbursement that the Town was expecting to come back from the land. He stated that Rick Pylman would pursue conversations with the Planning and Zoning Commission to see if they would compromise. Discussion followed. Councilman Stovall stated that the covenants should be complied with. He stated that being that this was a Town project, he did not agree that the Town should cut corners on the project. He stated that the Town should not violate the Wildridge covenants in the terms of politics of the matter. Further discussion followed. Mr. James stated that the Town would go with the Woodruf Product shingles and that he would converse with E.J. Albright to give the Town a better price. The Town Council agreed to interview all twelve of the Town Council applicants on July 23rd, at 3:30 p.m. and to make those appointments the evening of the 23rd. There being no further business to come before the Council, Councilwoman McRory moved to adjourn. The motion was seconded by Councilman Bennett. The meeting was adjourned by Mayor Pro Tem Stovall at 1:15 P.M. i -2- T.I E: A M E R 16C A N I N S T I T U T46 O F A R C H I T E C T S ~'C_Ic_ 1II5 AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SIB:' 1 1987 EDITION THIS DOCUAIE.VT HAS IMPORT.-I T LEGAL CONSEQUF_VCES CONSL'LTATION -WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR kODIFICATION. The 198' Edition of AIA Document A201. General Conditions of the Contract for Construction, is adopted to this document by reference. Do not use u itb otber general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the day of July in the year of Nineteen Hundred and Ninety-One BETWEEN the Owner: Town of avon (7ame and address) P. 0. Box 975 Avon, CO 81620 and the Contractor: Colorado First Construction Co. (,Name and address) Drawer 1099 160 Highway 6, Suite 204 Silverthorne, CO 80498 The Project is: Wildwood Townhome Project (.'dame and location) Lots 5 and 11, Block 5 Wildridge Subdivision Avon, CO 81620 The Architect is: victor ?lark Donaldson Architects, P.C. (.ti'ame and address) 48 East Beaver Creek Blvd. 9 Suite 208 Box 5300 Avon, CO 81620 The Owner and Contractor agree as set forth below Copyright 1915. 1918. 1925. 193-. 1951, 1958. 1961, 1963, 196;, 1974, 19' 198_3v The American Institute of Archi- tects. 1735 New York Avenue, NW.. Washington, D.C. 20006. Reproduction of the auterial herein or substantial quotation of its provisions without written permission of the ALA violates the copyright laws of zre United States and will be subject to legal prosecution. AIA DOCUMENT AIM - OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION • AIA® • S 198- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.V. WASHINGTON. D C. 20006 A101-1987 WAFTING: Unlicensed photocopying violates U.S. CM, 41. t laws and is stbea w bgsl pmosag on. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents con:,ist of this A&ecrnent. Conditions of the G mtract i Gencral. Supplementary and other Conditions). Drawings. Specifications. addends issued nnor to execution of this Agreement. other docurncnts listed in this Agreement and Modifications issued utter execution of thr:-Agreemcnt: these firm the contract. and are as full a part of the Contract as if attached to this kgreement or repeated herein The Contract renrewnt~- the entire and integrated a,--eement between the parties hereto and supersedes prior negotiations, reprt::enattions or agreement;, either written or oral. An enumeration of the Contract Documents. other than Modifications. appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire work described in the Contract Documents. except to the extent specifically indicated to the Contract Documents to be the responsibility of others, or as follows: Construction of approximately 21,100 square feet of a wood frame townhouse building project to include interior and exterior finishes and all related site work, as described in the Contract Documents. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. No later than August 1, 1991. (Insen the date of commencement. if it differs, ram the dote of tbta.agreement or if applicable. tare tbat the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a nouce to proceed issued by the Owner. the Contractor shall notif , the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Fork not later than February 1, 1992. (Insertthe calendar date or number of calendar daz s alter the date of ~ommencemerit Also insert am requiremems)or earner Suhstanttal Cumpletion of cer- tam portions of the Rork, -f not stated elseu-bere in the Contract Lkocuments.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert prorcsrons. if am for liquidated damages relating to atlure to complete on ume.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • MAS • ~ 1987 THE AMERICAN INSTiTM OF ARCHITECTS. 1-35 NEW YORK AVENUE. N.W, WASHINGTON. D C. M)6 A101-1987 2 WARNING. UMiosnsed photocopying violates U.S. copyright laws and is simjed to bgal Womadlon. 0 • ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of ONE MILLION ONE HUNDRED FIFTY-FOUR THOUSAND AND NO1100 - - - - - - - -Dollars (S 1,154, 000.00 - - - - - - - - - - - - - subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identtfuatton of accepted alternates. If dectstons on older alternates are to be made br the Owner subsequent to the execuuon of ibis Agreement, auacb a scbedule of sucb other alternates sbou-ing the amount Jor each and the date until uvtcb that amount is valid.) None. 4.3 Unit prices, if any, are as follows: Not Applicable. Vue~G~ j t to S o,^ ~~~14c •Q C,/, c a~ AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWEL TH EDITION • AIA* • ©198'. THE AMERICAN INSTiTL"rE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.V., WASHINGTON, D.C. 20006 A101-1957 3 WARNING: UnBoerind photocopying violates LL& copydgM laws and Is sidfjset to legal . ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment 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 provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, otss- follows: 5.3 Provided an application for Payment is received by the architect not later than the f i rs t day Of a month. the Owner shall make payment to the Contractor not later than the fifteenth day of the month. If an Application for Payment is received by the Architect after the application date fired above, payment shall be made by the Owner not later than -fifteen days after the Architect receives the application for Payment. Each Application for Payment shall he based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents The schedule of slues shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule. unless Objected to by the architect. shall be used as a basis for reviewing the Contractor s applications for Pavrhent. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Stun allocated to that portion of the Work in the schedule of values. less re_ tainage of ten percent ( 10 Pending final determination of cost to the Owner of changes in the Work. amounts not in the dispure may be included as provided in Subparagraph 73.- of the General Conditions even though the Contract Sum has nor yet been adjusted by Change Order: 5.6.2 Add that portion of the Contract Stun properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or. if approved in advance by the Owner, suitablv'stored off the site at a location agreed upon in writing), less reramage of ten - percent ( 10 5.6.3 Subtract the aggregate of previous payments made by the Owner: and 5.6.4 Subtract amounts, if any. for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress'payment amount determined in accordance with.Paragraph 5.6 shall be further modified tinder the following circumstances: 6>-: --~dc eer~~~xripiesion-efrtl- ~W- xlr Stull c rep-tssete~e he-eesal-Melts-te P^ -----------}af-ia5aas- Sutta.3esc~uct~araer~xs:s: ea.r.:itea eFin,QMPlete d 5.7.2 add. if final, compietion of the Work is thereafter materially delaved through no fault of the Contractor. any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: If it is tnteruled, prior to Substantial Compietion of :be entire Work. to reduce or Umit the retamage -esutttnq from the.DercenlaRes Inserted to Subpara- grapbs i 6 1 and 5 G-2 abtu•e, and Ibis is not explained elseu•bere to the Contract Documents. tnserr here prot•tstons Jor such reduction or limitation.) AM DOCUMENT A101 • OWNER-CONTRACTOR AGREE.ME'vT • TWELFTH EDITION • AIA® • 1987 THE A.NERICAN INSTITLTE OF ARCHITECTS, 1-35 NEW YORK AVENUE, N W., WASHINGTON, D.C. 2000b A101-1987 4 WARNING: Uni cwmd owtocopymg vfoletes U.S. Copyright I -s and 1s subject to k*0 ptvsewtlon. • • ARTICLE 6 FINAL PAYMENT Fut21 payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment. and (2) a final Certificate for Payment has been issued by the Architect. such final payment shall be made by the Owner not more than 30 days after the issuance of the :architect's final Certificate for Payment, or as follows: Architect will issue a Final Certificate for Payment within seven (7) days of receipt from the Ccnt:actor, ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 . Where reference is made in thu Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place w here the Project is located. flnserrrate of interest agreed upon. if arn•.l r41" 7.3-~- Delete interest rate sentence and replace with "No interest shall be due or paid. Paragraph 13.6.1 of the General Conditions is deleted". (Usury laws and requirements under the Federal Trutb to Lending Act, simdar state and local consumer credit lares and older regulattons at the Owner S and Contractor s pnnctpal places of business. the location of the Protect and elsembere may affecl the raltdir: of ibis pror•ision Legal advice sbould be ohtatned mob respect to deletions or modifications. and also regarding requirements sucb as written disclosures or uawen.l 7.3 Other provisions: 7.3.1 Unless otherwise notified by Owner, Contractor shall have the right to rely on Richard Pvlman as the Owner's Representative responsible in all matters. 7.3.2 For Value Engineering changes, which are proposed by the C gractor, which reduce the Contract Sum, the Owner and Contractor shall share theysavings realized by these changes. The Contractor shall retain fourty percent of the savings and the Owner shall be credited by change order, sixty percent of the savings. 7.3.3 The Contractor's Fee on change orders to the base contract shall be fifteen (15%) percent. No fee shall be deduc es eductive change orders. 7.3.3 - Add language to this Paragraph "Savings as used herein shall mean the net savings computed after deducting any increase in cost (materials and labor) caused directly or -indirectly by the particular value engineering change. No such change may be utilized unless owner so approves, which approval may be withheld at Owner's sole discretion for any reason or no reason at all." JCMI OT-Aerox eiecooier 7021 : 7-78-31 :11:11AM • 303 9499139:8 3 R. 7-5-4 -was not pa "The Contractor shall furnish bonds'covering the faithful performance of the Contract and the payment of all obligations arising thereunder in ouch form as acceptable to Owner, with such sureties as agreeable to the parties. The costs for the bonds shall be paid by the Contractor. The said bonds shall each be in an amount equal to 100% of the Contract amount and shall cover the,remedy of latent defects arising during the warranty period." 7.3.5 s o e paid from bond "The source of funds with which to pay the Contract Sum hereunder is derived exclusively from certain bonded indebtedness constituting a revenue source to the Owner. Said Bonds are not a general obligation of the Owner. The said financial obligations of owner under this Contract are not general obligations of the owner but rather limited obligations payable solely from said bond revenues. Owner has neither budgeted nor appropriated sums from its general revenues for use or payment on this Contract project." * 7.3.6 - Add the following: " Paragraph 4.3.7 of the General Conditions A201 is deleted. Contractor represents and warrants to Owner that Contractor has reviewed all'Contract Documents including all plans and specifications, is experienced in such construction activities-, and has suggested changes to the design and other of said documents in order to enable the Project to be constructed within the Contract Sum as set forth in the Contract. Contractor understands that Owner is relying on Contractor's represented expertise and experience in approving the design, plans, specifications and all Contract Documents in order to construct the entire Project within the Contract Sum. Contractor hereby agrees that the Contract Documents are complete and adequate in order to construct'the Project within the Contract Sum and in- compliance with all applicable building codes, ordinances and industry standards, and with all requirements of these Contract Documents." 9. 7.3.6 - Add regarding attorney's fees. "If any dispute arises between the parties that results in submission to arbitration, litigation or other dispute resolution alternatives, the prevailing party, as determined by the decision maker of the dispute, shall be entitled to an award, judgement or decision, as appropriate, to include its reasonable attorney's fees incurred in connection with such dispute." 10. 7.3.7 - Add "Nothing contained herein shall be construed as a waiver by owner of any of the provisions of the Colorado Governmental Immunity Act." ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications Issued after execution of this Agtecmcm. are enumer=Cd aS follows: 9.1.1 The agreement is this executed Standard Form of Agreement Between Owner and Contractor. A1A Document A101. 198- Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Consgu7o AL en' x101 198' Edition a 9.1.3 The Supplementary and other Conditions of the Contract are those conttainedd in the P o;eacon el d 1 to Article 9. I Manual dated . and are ass follows: Document Title Pages Not Applicable. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Ertber tut the Specifications bore or rejer to an exhiba attached to tbu Agreenneut Section Title Pages 9.1.4.1 See Attachment #1 to Article 9.1.4 Construction Specifications. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA2 • 3198- THE AMERICAN V4*ST1TL'TE OF ARCHITECTS. 1-35 VIEW YORK AVEN E. N W.. WASHINGTON, D.C. 20006 A101-1987 6 WARNING: Unlicensed photocopying violates U.& copyright laws and is subject to legal prosamdon. 9.1.5 The Drawings are as follows, and are dated 7/11/91 Revised unless a different date is shown below: /Either list for Drauvngs here or refer to an rsbrbu attacbed to ibis .4Rrmment Number Title Date AO Cover Sheet Revise d 7/11/91 Al Site Plan, Building A & B Lot 11 " A2 Building A & B, Floor Plans, Lot 11 " A3 Building A & B, Elevations, Lot 11 " A4 Building C, Site Plan, Lot 5 " A5 Building C, Floor Plans, Lot 5 " A6 Building C, Elevations, Lot 5 A7 Unit Plans " AS Building Sections, Roof Plan A9 Building Sections, Details " S1 Structural Notes, Foundation Details S2 Building A, Foundation Plan, Lot 11 " A3 Building B, Foundation Plan, Lot 11 " A4 Building C, Foundation Plan, Lot 5 A5 Building A&B, Framing Plans, Lot 11 " A6 Building C, Framing Plans, Lot 5 " E1 Lighting and Switching Layout " 1 Cover Sheet 7/12/91 2 Lot 5 - Drainage and Grading Plan 7/09/91 3 Lot 5 - Water and Sewer Service 7/12/91 4 Lot 11 - Grading and Drainage Plan 7/15/91 5 Lot 11 - Sewer and Water Service of 6 Lot 11 - Sanitary Sewer Profile 7/15/91 7 Utility Details 7/15/91 Soils and Foundation Investigation - Prepared by Inter-Mountain Engrg. Nov., 1990 rr it to if if it if it June 1991 9.1.6 The addenda, if any, are as follows: • Number Date Pages None Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • -ALIAS • ~V 198' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON'. D C. 20006 Al C1-1987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sutr]ee! to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: tLw bere any additional documents wbiab are mauled to fomt pan of the Context Doatmems 7be Gewrat Condtttom pnxwk tbx btddnW nqut,,,,. rtts sttcb as adtrntsemeur or tmwanon to bid. Insnvcaom to Btddm. sample forms and the Contactor c bid are not pan of the Contract Documents unless enunterared in tba Agreement. flay sbouid be listed here only if intended ro be part of the Contract Documents.) 9.1.8 See Attachment #2 to Article 9, "Supplement to the A201 General Conditions 1987 Edition, Claims & Disputes". This Agreement is entered into as of the day and year first written above and is executed m at least three original copies of a-iuch one is to be delivered to the Contractor. one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER TOWN OF AVON CONTRACTOR COLORADO FIRST CONSTRUCTION CO. (Signature) (Signature) William D. James, Town Manager E. J. Olbright, President (Printed name and title) (Printed name and title) MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA& • 0198' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Al Ot-1987 8 WARNING: UnNeetosd pfwtoaopyreg vkiaoea U.S. tapigM laws and 18 ad*=m kQW ATTACHMENT #1 TO ARTICLE 9.1.4 CONSTRUCTION SPECIFICATIONS Page 1 of 2 D:VIS=ON ONr• REQU REMMENTS 1.: _^troduction ` `c Carstruc t-on Doc•,~ents 1.2 Use of Ca :st=uc:.or. Joc•=e^ts 1.3 Per=-ts Requ-4 red 1.4 Te=crary Fac--:t-es 1.5 Qua=-ty Cor_tro: 1.6 Ma.^ufac t user' s 1-.equ-re=ent6s 7 Standard He1g_^..s 1. 8 Rati ngs and Sys-lens ReYl:red 1.9 Gu.aran tee . Req•--red 1.10 Shop Drawings Real-,=r eta. 1.1 ?roect Closeout DI'V:S:ON TWO - SITE WORE 2.1 Protect-o:_ 2.2 Docat cn of Uti'-:t:es 2.3 Protect-on From 7-arthwork 264 .t-1-}y Trench Requirements 2.5 So-4-1 COndi"-Ions '2.6 Backf-11 Req•--reaerts 2.7 Foundation D--a---age-System 2.8 Roof Dr ai page Syste= 2.9 F=ne Grading 2.10 Asphalt Paving 2.11 Landscap-ng and Irrigation Syste= DIVISION THEE - CONCRETE 3.1 Reinforced Concrete (Also refer to Construction Drawings; DIVISION FOUR - MASONRY (Not Used) DIVISION FIVE - MiTArS (Refer to Construction Drawings; DIVISION SIX - WOOD AND PLASTICS 6 General Requ-re=ents 6.2 Cab-netry and Cou^ tertops 6.3 Wood ?raWing 6.4 Interior Wood Trim 6.5 xter-or Siding and Wood Products DIVISION SEVEN - :'R ?M.AL AND M0IS'1UBLE PROTEC'T'ION 7.1' Be'-!ow Grade Dampproo=iag 7.2 I %sulation 7.3 Flashing 7.4 Caulk and Sealants 7.5 Roof-ng Syste^s { i ATTACHMENT #1 TO ARTICLE 9.1.4 CONSTRUCTION SPECIFICATIONS (Cont'd). Page 2 of 2 D:V=S:ON _:G?T - DOORS AND WINDOWS 8.1 Wood Doors 3.2 Windows P-0-4 c and 51444 n7 Glass Doors 3.4 G:a=' D:V_S:ON NT-NE - ?1N SUES 9.' General ?inish Notes 9.2 Gypsum Wall;Ceilins Board Products 9.3 Flooring Materials 9.4 Pai nti ns 9.5 StucCo CVstem ..;V - S: ON T EX TE:I - SP..C 10.1 Bath Accessories DT_V:.S'ZON ELEVEN - RES1DEx:'Z'.L 3TMCH-rx E QIII?'%?T 11.1 Kitchen Appliances 1.1 . 2 F-x :aus t Famns DiV7ST0-N Tbv'LVE - NOT USED DIVTSTON TETRTEEN - NOT USED DIVISION POUR"TE .N - NOT USED DZV-ST-ON FIFTEEN - PLUY..B:NG AND HATING SYSTEMS 15.1 Complete System 15.2 Plumbing Fixtures 14:3 Heating System 15.4 Wa=ra ty Required DIVISION SIX''EE.W - ELECTRICAL 16.1 Complete System 16.2 Codes and Permits .16.3 Approval of TriW and Placement 16.4 Television and Telephone Outlets 16.5 Panel and Placement Approval 16.6 Switches and Outlets 16.7 Ground Fault Protection 16.8 Smoke Detection Required END INDEX TO CONSTRUCTION DOCUMENTS. r • • Hr. Rick Pyleman July 19, 1991 Page Three Supplement to A201 - General Conditions (attached to the A101): 11. 4.3.3 - Add back language found in the AIA form. "Final payment shall not constitute a waiver of claims arising from 1) liens, claims previously filed but unresolved, security interests or encumbrances arising out of the Contract, 2) failure of work to comply with requirements of the Contract Documents, and 3) terms of any special warranties or representations under the Contract Documents." 12. 4.3.7 - Some words are missing. Add to beginning of (2) "...unknown physical conditions of unusual nature, which differ off .3.8 - This provides for non-mandatory arbitration (both parties m e to it Later in order for the claim to go to arbitration). If you wa atory arbitration, change "may" to "shall" and delete "upon written ent with Owner and Contractor". I suggest leaving the language Regarding the last sentence, delete it or at least delete the re a to "aesthetic effects". If you leave arbitration as non-manda you could leave the entire sentence alone. I would have preferred more time to review the Contract Documents in more detail. If any dispute arises, there is always the desire to have been more attendant in reviewing the documents before approval. If it is at all possible, I would hope you can be allowed additional time to obtain comments and negotiate a final Contract. Respectfully, COSGRIFF, DUNJYi)ABPLANALP P. Hartl LPH enc. ATTACID ENT #2 TO AR f I C* Page 1 of 2 SUPPL:M`~L' .7T TO ME A201 C F iMAL O CNM =3Z, 1987 F=I= CN MAINS -AIM OISPUMS ze-I et_ ?aragraphs 4. 1. 4, 4. 3. 1, 4. 3. 2, 4. 1 31, 4. 3. 4, and 4. 3. 5; and 1 Pa`-'ag_--_p.^s 4. 4 and 4. 5 together with ar,Y and all other re=srences to arbitration as ma_• be ccnta_' :led n the Genera_` C'C tors; arz 3 zs` tute t." :e iOl..cwlZg: 4. 3. 1 De' _niticL A Claim is a d"nar3 or asse'_cn by one of he parties seetc:: as a matter of ar. iZ a rflt of the Co. _ anon zt_-act Dcc.:.nen.rs, an increase, decrease cr other add us tment to :he Ccn':_-act S~:m, the Ccr.--act Mme or an--.r other relief with reScect to t.e t?= of the Contract Occ-um.,ents. T-he to m °Clai:ac also includes other diizuzes and flat=?rs in questlcn between the C'wner and Contractor a_isina our- of or reia`._ntj to CC-'= act Doc- me.^.t3. 4. 3. 2 Time Limits on Clai airs. the c^- on of e_J d er the Cwrer or the C:.nt_-acto=, any eve:. ci-r ng _se to a : o`er.=al r-" n ac=s as set forr'1 in Pa_-agraTh 4.3.1, the claiming ca:-_y mist dive w-_*_tan not_.ce - of such occ,-,-=e.r:ce to the 3.r::litact and the ct: er party _.er.vr-=.e (21) days after occ,.;-- e=e of the event q--ring _se to Suc1 Claim cr n2nt- -C_^_: (L _ j daVS after the e_a=.:iant I,-iz:st recognizes the condi`_--' ~ ving =se to tze taim, whichever is later. Failure to give s i►c}i written shall CC.^5ti ~lte~ w~i let of t.I:e Claim. 4. 3. 3 x11.1 Mai= as defined in Pa_-acra_ h 4. 3. _ shall b0 =efer~c initial' y l to the Architect in nit ng wi th a request for a fo=al .decision. In accordance with this Paragraph. Me resporsibi+ity to subs tan`iate'Cla:L-m sha .1 rest with the pa.-t-y mEL the Claim Wr=tter. supporting data cast be su~'~nitted_ to the Architect and the other pa='-y within si tty (60) days after such occ h=ence, unless the Architect allows an additional pe=iod of time to ascertain more acv.= to data in su: por ` of the Claim. L:e Ar hit_ct shall render .its decisior. in w;I,_ng within a reasonable time after submission of the supporting data. 4. 3. 4 When functioning as interp=eter and ;edge under pa-agraphs 4. 3. 1 through 4. 13, the Architect w*:11 endeavor to secures faithful performance by both the Ow'rer and Cont-ractor, will not show partial., y to either and will not be lianle for results of inte_*pretations or decisions rends-red in good faith. 4. 3. 5 nle rendQe- ng of a decision by A+-chi tect want to parag-rdphs 4A. 1 through 4.1 3 with respect to any such Claim, except any which have been waived by the asa.llcng or acceptance of final payment as provided in ?azagraph 9.10.4, shall be a condition precedent to any exercise by Owner or Contactor of any .rights or remedies either may have under the Contract Doc";ments or by laws or regulations in respect of any such Claim. 4. 3. 6 Continuing Contract Performance. Peeing ir.zl resolution of a Claim, unless otherwise agreed by both parties in writing, the Contractor shall proceed diligently with pe_T I_c=mance of the Contract and the Owner s=hall continue to masse payments in accoe-ance with the Contract Doc'.mtents. ATTACHMENT #2 TO ARTICLE 9 Ont' d) Page 2 of 2 SUPPLEtM. TO THE A201 GENERAL CONDITIONS, 1987 EDITION CLAIMS AND DISPUTES 4. 3.7 Clam.--s for Concealed or Uniccwr. Ccrf tiors. IL conditions are encountered at the site which ax-e- (1) subsurface or ot..e_*-w-; se concealed physical conez.=ors which differ mate. `a J y f_- cm _hcs a =!..catad the Contract Documents or (2) mhteriaLV fi-= those or~'..ina.=i v found to emist and generally recognized as inher.-=t in corst--=~aon activities of the charac`sr provided for int he Contact Documents, then written notice by the olse--rang az -ty shaT I be given the ot!-ar parry -=zptly befare corky? ors -re disturbed and in no event later t`1an tde=y-one (21) days afte_ fi -st olrse_= ante of the ccrdiriors. Any Claim arising the---ef_-.m s lI be acministemd ion accordance with the provisions of Paragraphs 4. 3. 1 through 4. 3. 5. 4. 3. 8 Co==*ove ,ies and Claims Su -j ect to Arsi r- =i=L Anv ccnt-ove--3y or Claim ar-sinq out of or related to the Ccrt=act, or the breach: thereof, may, goon written ag--eement with Owner anal Cocr~~ctor be se zled by a=t-ation in accordance with the Const:m ion IncLSt-y Aj:bi:=at:on dines of the Ame__can A--!2it=ation Associations, and judgement upor. the awa_*3 --ndexr d by the a---Ii t=ator or arbit=ators may be entered in any court hav--ng jurisdiction the_-scf.