Proposed Multiyear Contract between the District of Columbia Housing Authority and Hamel Builders Inc. for the Villager Apartments

June 20, 2025

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue NW , Suite 504
Washington, DC 20004-3003

Dear Chairman Mendelson:

Pursuant to D.C. Official Code § 2-352.02, I have enclosed, for consideration by the Council of the District of Columbia,
the (a) Council Contract Summary for the contract between the District of Columbia Housing Authority (“DCHA”) and
Hamel Builders Inc. for the Villager Apartments public housing property, and (b) proposed Multiyear Contract with
Hamel Builders Inc. for Villager Apartments Approval Resolution of 2025.

DCHA proposes to enter into a contract for pre-construction, resident relocation, and construction services for DCHA’s
Villager Apartments public housing property with Hamel Builders Inc. for up to 542 days. Under the proposed
contract, Hamel Builders Inc. will receive the maximum amount of $3,803,224.

As always, I am available to discuss any questions you may have regarding the proposed contract. In order to facilitate
a response to any questions concerning this contract, please have your staff contact Hammere Gebreyes, Director of
External Affairs & Senior Advisor, at (202) 207-4694.

I look forward to your favorable consideration of this proposed contract.

Sincerely,

Keith Pettigrew
Executive Director, District of Columbia Housing Authority

Enclosures
KP/hg
cc: Nyasha Smith, Secretary to the Council

Date: June 20, 2025
COUNCIL CONTRACT SUMMARY
Pursuant to D.C. Official Code § 2-352.02(c), as amended, the following is provided:
(1) The name of the proposed contractor, the contract/loan amount, and the term of the proposed
contract:
● Contractor:
Hamel Builders Inc.
● Contract Amount: $3,803,224
● Contract Term(s): 542 days
● Source Selection Method: RFQ 0013-2022
(2) Description of the Goods and Services to be provided:
This contract establishes that Hamel Builders will provide comprehensive services to the District of Columbia
Housing Authority (DCHA) for
the Villager Apartments Rental Assistance Demonstration (RAD) project. The
scope
of work encompasses three primary categories: pre-construction services, resident relocation services, and
construction services, all to be executed in accordance with approved design and Contract Documents following
the Notice to Proceed.
Pre-construction services include developing project designs, soliciting and tabulating bids from trade
subcontractors, obtaining bids from resident relocation subcontractors (unless performing relocation in-house),
developing and submitting a resident relocation plan and schedule for DCHA approval, conducting value
engineering and scoping exercises to align with project budget constraints, identifying any long lead items,
developing a Lump Sum Price proposal, and executing a contract for the agreed Lump Sum Price. Construction
services cover site work construction wi th cl arification of trade estimates, bid documents, and RFIs/RFCs;
interior and exterior renovations of residential uni ts an d common areas ; con struction of associated amenities
and infrastructure; provision of management personnel, hazardous material abatement, supervision, labor,
materials, and other necessary services; and construction of related right of way, public and private utility, and
landscape work as required.
The contractor must develop and adhere to a construction schedule that minimizes project duration and resident
relocation time, not exceeding 542 calendar days from Notice to Proceed to Substantial Completion. This
includes providing a detailed baseline Critical Path Method project schedule using Microsoft Project or
comparable software prior to construction with bi-weekly updates. The contractor is responsible for maintaining
both a Primary Office with meeting facilities, restroom, and secure storage, as well as a Field Office at each
awarded site. Additional responsibilities include providing on-site
restrooms for construction crews per OSHA
regulations, hiring 24-hour security personnel, obtaining all necessary permits and approvals beyond initial
building permits secured by DCHA, providing comprehensive insurance coverage as detailed in Attachment A,
and ensuring compliance with applicable laws and regulations including equal employment opportunity, Davis-
Bacon Act, and Section 3 requirements.
(3) A description of the selection process, including the number of of ferors, the evaluation criteria, the
evaluation results, and the basis for selecting the proposed contractor:
T
he selection proc ess for the contract followed a two -part approach. Fi rst, a Request f or Qualifications (RFQu)
was issued to est ablish a Qualified B idders List (QBL). Respondents were required to submit information
regarding their capacity, qualifications, and experience. These submissions were evaluated according to the
criteria outlined in Section E of the RFQu to determine the list of qualified respondents.
Following the establishment of the QBL, a Request for Proposals (RFP) was issued exclusively to the
contractors on this list. DCHA anticipated releasing RFPs beginning in the first quarter of 2023, allowing
qualified contractors to submit proposals for specific projects. The evaluation of these proposals focused on
selecting the most responsive and qualified bidder.
The evaluation criteria, as outlined in Section E of the RFQu, assigned a total possible score of 205 points. Key
evaluation factors included the qualifications of the respondents, the experience and expertise of key personnel,
general contracting knowledge, contractor capacity, project management plans, references, compliance with
Section 3, and participation in MBE/WBE/SBE/VBE/LSA/S3B contracting initiatives. Each of these categories
had specific sub-criteria with designated point allocations.
DCHA reserved the right to award contracts based solely on initial responses without conducting further
discussions. Therefore, respondents were required to submit their best and final terms in their initial proposals.
(4) Background and qualifications of the proposed contractor:
With roots tracing back to the early 1960s and incorporated in 1988 after nearly 30 years as divisions of Harkin
& Rouse Company, Hamel Builders Inc. brings close to 70 years of comprehensive general contracting
experience. The firm has cultivated long-term relationships across public and private sectors, marked by Mr.
Hamel's focus on enhancing the financial and community performance of multi-family projects.
Drawing on over three decades as Hamel Builders Inc., the company consistently delivers high-quality
construction across diverse sectors. Their history reflects deep industry knowledge, regulatory commitment, and
successful project execution, earning a reputation for reliability and excellence in complex projects with
stringent safety and environmental standards. They integrate regulatory understanding with practical expertise
for project success.
Hamel Builders Inc. possesses robust qualifications for projects of any scale, supported by strong financial
statements and audits. Their seasoned team manages all construction facets, from planning to delivery, with
rigorous quality control and clear communication. This commitment and regulatory understanding position
Hamel Builders Inc. as a reliable and capable construction partner.
(5) Performance standards and expected outcomes of the proposed contract:
All work must comply with the District of Columbia codes and any other applicable regulations in effect at the
time of installation. The contractor must adhere to all terms and conditions specified in the IDIQ contract. Prior
to the preconstruction meeting, a construction schedule must be submitted for approval, and a schedule of
values must be provided at the start of construction.
The contractor is responsible for ensuring that all systems are fully functional and operable at the conclusion of
the contract. Additionally, the working area must be secured at all times, with the contractor assuming
responsibility for any damage or loss of equipment until the owner has accepted the project.
All equipment must be approved by DCHA prior to procurement, and installation must be performed in
accordance with manufacturer guidelines and applicable codes. The contractor must also provide training for
DCHA staff and external vendors to ensure proper operation and maintenance of the installed systems.
Throughout the contract, the contractor must protect existing structures from damage and repair any damage
that occurs at no cost to DCHA. At the final walkthrough, the contractor must demonstrate the proper function
and operation of all installed equipment before project acceptance.
The contract includes warranty requirements, mandating that the contractor provides warranties as required for
all installed equipment. All materials and equipment supplied under this contract must be new and of the
highest quality suitable for their intended purpose.
DCHA reserves the right to inspect and review all work. Any required corrections must be addressed by the
contractor. Work is considered accepted if DCHA does not issue written comments within 30 days.
Furthermore, the contractor warrants that all work conforms to contract requirements and remains free of
defects in equipment, materials, and workmanship for one year unless otherwise stated.
The contractor is obligated to comply with all applicable federal and local laws and regulations. Finally, the
contractor assumes full responsibility for the performance of any subcontractors and is held accountable for
their actions or omissions as if they were the contractor’s own employees.
(6) Description of the funding source for the proposed agreement and a certification that the proposed
agreement is consistent with the District's financial plan and budget:
The attached CFO Certification states that the funds in DCHA’s 2025 Fiscal Year District operating
budget are available to DCHA for administration in Fiscal Year 2025.
(7) A certification of legal sufficiency:
The Legal Sufficiency Memorandum is attached.
8) A certification that the proposed contractor's/proposed owner is in compliance with District tax laws:
The District tax law compliance certification is attached.
(9) The status of the proposed contractor as a certified local, small or disadvantaged business enterprise.
Hamel is not a certified local, small or disadvantaged business enterprise. However, subcontractors with a
CBE status will be doing at least 47% of the proposed construction services for the project.
(10) A statement indicating whether the proposed contractor is currently debarred from providing
services or good t
o the District or federal government:
DCHA’s Office of
Administrative Service has conducted a federal and local search of Hamel Builders Inc.
and
has found no evidence of federal or District debarment.
(11) Where the contract, if executed, will be made available online:
Contact DCHA at FOIA; foia@dchousing.org
HAMEL
BUILDERS
TheundersignedherebycertifiesthatHamelBuilders,Inc.iscurrentlynot,andwillnotbe,inviolationofDistrictofColumbiaCode§1-1163.34a,whichprovidesacoveredcontractorshallnotcontribute-toprohibitedrecipientduringtheprohibitedperiod.

Title:ExecutiveVigePresident
NOTARY:
Therebycertifythatonthis3°dayofJune2025,OscarA.MacciépersonallyappearedandsignedthisdocumentandacknowledgedthathewastheExecutiveVicePresidentofHamelBuilders,Inc.
BaltimoreCounty NotaryPublic: V AV 4 = —
(es
Baltimore

CERTIFICATE OF FEDERAL TAXES
Districtof Columbia Housing Authority
300 7th Street,SW, 10th Floor HAMEL
BUILDERSWashington, DC 20032

Title:ExecutiveVicePresident
:June 3, 2025,
StateofMaryland
CountyofBaltimore
Thereby certifythaton this3rd day of June,2025,Oscar A. Macciépersonallyappeared before
me and acknowledged he isthe ExecutiveVicePresidentof Hamel Builders,Inc.,and inhis
capacityas the ExecutiveVicePresidentof Hamel Builders,Inc.,he executedthiscertificateas
ofthe date setforthabove.
NotarySeal By:PLI~
Name:Darase Yar

CERTIFICATE OF PENDING LITIGATION
Date:June 3, 2025
HAMEL
BUILDERSDistrictofColumbiaHousingAuthority
300 7th Street,SW, 10th Floor
Washington, DC 20032
Date:June3,20
StateofMaryland
CountyofBaltimore
Thereby certifythaton this3rd day ofJune, 2025, Oscar A. Maccié personallyappeared before
me and acknowledged he isthe ExecutiveVice Presidentof Hamel Builders,Inc.,and inhis
capacityas the ExecutiveVice Presidentof Hamel Builders,Inc.,he executed thiscertificateas
of the date setforthabove.
NotarySeal By:Oar &
Name:DanceWe Yaeris
SutinwanesecaRteaneer‘wr
Baltimore

TEAM AFFIDAVIT CERTIFICATE
I,Oscar A. Maccié,ExecutiveVicePresidentof Hamel Builders,Inc.,hereby attest
thatallmembers of the team who are listedbelow are not listedinthe Listof HAMEL
BUILDERSPartiesExcludedfrom FederalProcurement or Non-Procurement Programs:
ProjectName:EVO
ProjectNumber:0013-2022
CONSTRUCTION TEAM:
Contractor:Hamel Builders,Inc.
Subcontractor(s):TBD

pal, major stockholder,officer,or directorof the constructionteam
inginafederalprocurementornon-procurementprogram.

Title:ExecutiveVice President
Date:June 3, 202!
Stateof Maryland
CountyofBaltimore
Thereby certifythaton this3rd day of June,2025, Oscar A. Maccié personallyappeared before
me and acknowledged he isthe ExecutiveVicePresidentof Hamel Builders,Inc.,and inhis
capacityas the ExecutiveVice Presidentof Hamel Builders,Inc.,he executed thiscertificateas
of the date setforthabove.
NotarySeal By: Dea

1101 4th Street, SW
Washington, DC 20024
Date of Notice: June 3, 2025 L0014260034Notice Number:
FEIN: **-***0508
Case ID: 18630527

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
HAMEL BUILDERS INC
5710 FURNACE AVE STE H
ELKRIDGE MD 21075-5102

Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

COPY
THIS IS TO CERTIFY
that all applicable provisions of the District of Columbia Business
Organizations Code (Title 29) have been complied with and accordingly, this
CERTIFICATE OF
GOOD STANDING
is hereby issued to
C E R T I F I C A T E
HAMEL BUILDERS INC.
IN TESTIMONY WHEREOF I
have hereunto set my hand and caused the seal of this office to
be affixed as of
6/3/2025 2:26 PM
Business and Professional Licensing Administration
Tracking #:
L39zKw7E
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF LICENSING AND CONSUMER PROTECTION
CORPORATIONS DIVISION
WE FURTHER CERTIFY
that the foreign entity is registered to do business in the District on
10/03/2001 ;

that all fees, and penalties owed to the District for entity filings collected through the
Mayor have been paid and Payment is reflected in the records of the Mayor; The entity's most
recent biennial report required by § 29-102.11 has been delivered for filing to the Mayor; and the
entry's registration has not been terminated.
This office does not have any information about the
entity
¶
s business practices and financial standing and this certificate shall not be construed as the
entity
¶
s endorsement.
Initial File #:
213277
Entity Type:
For-ProfitCorporation

MEMOR
ANDUM
TO:
FROM:
DATE:
Keith Pettigrew
Executive Director
Andrea Powell
Deputy General Counsel
June 20, 2025
District of Columbia Housing Authority
300 7th Street, SW, 10th Floor, Washington, DC 20024
202-535-1000
Keith Pettigrew, Executive Director
SUBJECT: Proposed AIA Document A101-2017 Contract between District of Columbia Housing
Authority (“DCHA”) and Hamel Builders Inc (“Contractor”) for the Villager
Apartments to be submitted to the Council for the District of Columbia for approval
pursuant to D.C. Official Code §2-352.02(a)(1), as amended.
1. Procurement Process
I have enclosed for consideration by the Council of the District of Columbia, the Council
Contract Summary for a proposed contract, in an amount of $3,803,224 between DCHA and Hamel
Builders Inc. for the Villager Apartments. This proposed contract is for small and medium
size construction services at Villagers Apartments.
DCHA issued a Request for Qualification (No. 0013-2022) on September 26, 2022. DCHA received
twenty-five (25) proposals from vendors in response to the Request for Qualification. To ensure a fair
and impartial evaluation, a dedicated review panel was convened. Based on this comprehensive
evaluation, five (5) vendors were identified as having successfully met the technical requirements and
demonstrating the capability to deliver the required small and medium size construction services. These
vendors were Hamel Builders Inc., The Keystone Plus Construction Corporation, Irreno Construction,
Centennial Contractors, and Vigil Constructing Inc.
2. Description of Proposed Contract
This proposed contract between DCHA and Hamel Builders Inc. is for small and med ium size
construction services at the Villager Apartments public housing site. A contract will be entered into
with Hamel Builders Inc.
The length of the Contract will be no more than 542 days. The scope of work in the Contract contains
sufficient details and plans. DCHA will fund the Contract with DCHA’s District operating funds for
Fiscal Year 2025 in compliance with the applicable Federal and District of Columbia regulations and
DCHA’s policies and procedures.
www.dchousing.org

www.dchousing.org
3. Legal Review
The DC
HA Office of the General Counsel (OGC) has reviewed the proposed Contract with Hamel
Builder Inc. for legal sufficiency. OGC’s review of the Contract indicated that it is legally sufficient.
In addition, we are not aware of any pending legal claims of Hamel Builders Inc. against the District of
Columbia or DCHA.
APPROVE
D AS TO LEGAL SUFFICIENCY:
Andrea Powell
Deputy General Counsel
District of Columbia Housing Authority

CERTIFICATIO NS
I hereby certify that the proposed contract between the District of Columbia Housing Authority
(“DCHA”) and Hamel Builders Inc. to provide small and medium size construction services to various
DCHA properties in the amount between Five Hundred Thousand Dollars ($500,000) and Ten Million
Dollars ($10,000,000) from funds received by DCHA from the District of Columbia for DCHA’s 2025
Fiscal Year operating budget is in compliance with the applicable Federal law and regulations.
____________________________ Dated: June 20, 2025
Keith Pettigrew
E
xecutive Director, DCHA
I have reviewed this proposed action. DCHA will make available to Hamel Builders Inc. between Five
Hundred Thousand Dollars and Ten Million Dollars ($10,000,000) for small and medium size
construction services to various DCHA properties. This action is within the 2025 Fiscal Year DCHA
operating budget and such funds are available for administration by DCHA in Fiscal Year 2025.
______________________________ Dated: June 20, 2025
Heather Muell
er
Chief Financial Officer, DCHA

www.dchousing.org
RE
SOLUTION 23-36
T
O AUTHORIZE THE EXECUTION OF CONTRACTS FOR GENERAL CONTRACTORS OF
SMALL TO MEDIUM SIZE CONSTRUCTION SERVICES
W
HEREAS, District of Columbia Housing Authority (DCHA ) requires the need for
General Contractors for Small to Medium Size Construction services with
Architecture/Engineering capacity with vision, qualifications, capacity and resources;
W
HEREAS, on September 27, 2022, Solicitation No. 00 13-2022 General Contractors
for Small to Medium Construction Services was issued to the District of Columbia Department
of Small and Local Business Development (DSLBD) for distribution to all District Government
Certified Business Entity (CBE) members and sent to the District of Columbia Department of
Housing and Community Development (DHCD) for all Section 3 vendors. The solicitation was
also posted on the DCHA website, issued to all bidders registered as interested in doing
business with DCHA, posted to the DCHA Website and issued directly to eight firms;
W
HEREAS, the procurement was also advertised in The Washington Post Sunday
Edition, Washington Informer, Afro American, The Washington Times, El Tiempo Latino and
East of the River publications in an effort to increase outreach to a variety of firms.
W
HEREAS, by the solicitation closing date of November 10, 2022, DCHA received
twenty-five proposals for evaluation;
W
HEREAS, the solicitation stated that DCHA intends to make multiple awards to
ensure availability of a wide range of products or services. DCHA will establish a Qualified
Bidders Listing (QBL) of R espondents determined to be the most responsible and technically
qualified in accordance with the solicitation requirements for Small to Medium Size
Construction services and in the best interest of DCHA;
WHEREAS, DCHA will determine and award Indefinite Delivery Indefinite Quantity
(IDIQ) contracts on an as needed basis as projects are identified based upon QBL Contractor
response to DCHA Request for Proposal (“RFP”) solicitations;
WHEREAS, DCHA determined that the following five (5) R espondents met the
technical requirements of the Request for Qualifications to perform services at various DCHA
properties: Hamel Builders, The Keystone Plus Construction Corp., Irreno Construction,
Centennial Contractors, and Vigil.
WHEREAS, in order to meet the Section 3 requirements, each firm has committed to
the following: Hamel Builders proposed to hire S3 residents, provide workforce skills trainings,
entrepreneurial trainings, sponsor commitment to excellence scholarship, continue previously
hired S3 employees ; The Keystone Plus Construction Corp. proposed to hire 30% of new
hires; Irreno Construction proposed to continue to use previously hired Section 3 residents ;
Centennial Contractors proposed to hire, provide workforce skills trainings, host and sponsor
Do Your BEST Intern, Sponsor Commit to Excellence Scholarship; Vigil proposed to hire,
provide workforce skills trainings, sponsor self -sufficiency programming, donate to
professional clothing drive.
W
HEREAS, DCHA performed a review of the Federal Systems Award Management
and the District’s Excluded Parties List on June 29, 2023, and that the Respondents do not
appear as debarred or suspended on the Federal list or the District’s Excluded Parties List.
www.dchousing.org
RESOLUTION 23-36
TO AUTHORIZE THE EXECUTION OF CONTRACTS
FOR GENERAL CONTRACTORS OF SMALL TO
MEDIUM SIZE CONSTRUCTION SERVICES
N
OW, THEREFORE, BE IT RESOLVED , that the Board of Commissioners of DCHA
hereby authorizes the Executive Director to execute contract s with the following firms: Hamel
Builders, The Keystone Plus Construction Corp., Irreno Construction, Centennial Contractors,
and Vigil awarded by Indefinite Delivery Indefinite Quantity (IDIQ) contracts in the amount of
Five Hundred Thousand Dollars ($500,000.00) up to a maximum of T en Million Dollars per
contract ($10,000,000.00) up to an aggregate award of forty -million dollars ($40,000,000.00)
for General Contractors of Small to Medium Size Construction Services for a period of four -
years; subject to the availability of funds.
AD
OPTED, by the Board of Commissioners and signed in open session in
authentication of this passage on this 12th day of July 2023.
A
TTEST: APPROVED:
B
renda Donald Raymond Skinner
Executive Director/Secretary Chairman
APPR
OVED TO FORM AND LEGAL SUFFICIENCY:
___
___________________________
Lorry B. Bonds
Sr. Vice President & General Counsel

GOVERNMENT OF THE DISTRICT OF COLUMBIA
PROFILE SUMMARY
(CONTRACTs TO PURCHASE, SELL, ACQUIRE, TRANSFER, LEASE OF REAL
PROPERTY/ EXCLUSIVE RIGHT AGREEMENTs/LOANs & GRANTs OVER
$1M/INTRA-DISTRICTs)
Contract
Agency:
District of Columbia Housing
Authority
Agency Code: 003
Using Agency:
District of Columbia Housing
Authority Agency Code:
003
Loan/Grant/Lease Sub-recipient Name: Hamel Builders Inc.
Should the D.C. Council have any questions regarding this loan/grant/lease, please contact:
Daniel Denning (202) 738-3830
Program Manager Telephone #
TYPE OF DOCUMENT SUBMITTED
1. ❒ Loan/Grant/Lease Modification 4. ❒ Unwritten or Informal Contract
2. ❒ Exercise of Grant Option Year (E.O.) 5. ❒ Lease of Real Property
3. ❒ Loan/Grant/Lease Modification: 6. ❒ Other:
Contract for general contractors for small
medium size construction being funded
by FY 2025 District operating funds
LOAN/GRANT TYPE
1. ❒ Subsidy 4. ❒ Cost Reimbursement
2. ❒ Loan Price 5. ❒ Time and Material
3. ❒ Task Order 6. ❒ Advance Payment
{0030246 -}
GRANT/LOAN/LEASE INFORMATION
Grant/Loan/Lease No. : DCHA Subsidy: $3,803,224
Subsi
dy Amt. Required This FY: N/A Amt. Required Next FY: N/A
Caption: Hamel Builders Inc. Term: 542 D ays
Does th
is Housing Subsidy Amount exceed $1 million: Yes No
If yes
, please attach a copy of the DC Council approval and provide the following information:
Date received: Date approved:
LEASE
INFORMATION - N/A
Lease No.: Total Cost
Location: Annual Cost
Sq. Ft. Leased: Cost Per Sq. Ft.
Total Bldg. Sq. Ft.: % Sq. Ft. Leased By D.C.
BRIEF DESCRIPTION OF GRANT/LOAN/LEASE
SOURCE OF FUNDING
1. Appropriated 4. Intra-District
2. Capital 5. Inter-Jurisdictional
3. Grant ( ) 6. Other: (Indicate) Funds appropriated by the
District of Columbia in FY 2025 for DCHA
Operating funds
If pr
ocurement action is funded by grant or other non-capital or non-appropriated funds, will the
District need to expend some portion of its funds prior to receiving funds from the grantor or
other funding source?
Yes No X No t applicable
If Yes, indicate the amount the District will need to expend and the percentage this amount
represents of the total funds required to support the effort. District Funds $
% .

Document A101
®
– 2017
Standard Form of Agreement Between Owner and Contractor where the basis of
payment is a Stipulated Sum
Init.
/
AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights
reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The
American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for
resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations,
e-mail docinfo@aiacontracts.com.
User Notes: (1229022517)
1
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviewed. A
vertical line in the left margin of this
document indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
The parties should complete
A101®–2017, Exhibit A, Insurance
and Bonds, contemporaneously with
this Agreement. AIA Document
A201®–2017, General Conditions of
the Contract for Construction, is
adopted in this document by
reference. Do not use with other
general conditions unless this
document is modified.
AGREEMENT made as of the day of in the year 2025
(In words, indicate day, month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information)
District of Columbia Housing Authority
300 7th St. SW
10th Floor
Washington, DC 20024
and the Contractor:
(Name, legal status, address and other information)
Hamel Builders, Inc.
5710 Furnace Avenue, Suite H
Elkridge, MD 21075
for the following Project:
(Name, location and detailed description)
Villager Apartments
3810 Southern Avenue SE
Washington, DC 20020
Renovation of 20 residential units.
The Architect:
(Name, legal status, address and other information)
AMAR Group LLC
6230 3rd Street, NW
Suite 4
Washington, DC 20011
The Owner and Contractor agree as follows.
Init.
/
AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights
reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The
American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for
resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations,
e-mail docinfo@aiacontracts.com.
User Notes: (1229022517)
2
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
EXHIBIT A INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are
as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements,
either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be:
(Check one of the following boxes.)
[
] The date of this Agreement.
[ ] A date set forth in a notice to proceed issued by the Owner.
[ X ] Established as follows:
(Insert a date or a means to determine the date of commencement of the Work.)
The date of commencement shall be within ten (10) days after all of the following have been received:
a. Owner has issued in writing and Contractor has acknowledged receipt of a Notice to Proceed.
b. All permits and approvals referenced in Exhibit P as well as public and/or private utilities that are legally
necessary for the Work to commence are issued by local, state, and federal authorities.
c. Owner has provided evidence satisfactory to the Contractor’s surety that sufficient financing is in place with
all funds available during construction for payment to the Contractor.
If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this
Agreement.
§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.
Init./AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)3
§ 3.3 Substantial Completion§ 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:(Check one of the following boxes and complete the necessary information.)[ ]Not later than Five Hundred Forty-Two ( 542 ) calendar days from the date of commencement of the Work.[ ]By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.§ 3.3.4 Requests for extensions pursuant to § 8.3 Delays and Extensions of Time of the A201-2017, incorporated herein by reference, will be made by Contractor via written application to the Architect and Owner within twenty-one (21) days after Contractor becomes aware of a condition, occurrence or event that in the opinion of the Contractor warrants the extension. Architect and Owner shall approve or deny, in writing and with cause, such request within twenty-one (21) days of receipt. Lack of response by both Owner and Architect within the provided time shall represent acceptance of the Contractor’s request which shall issued via Change Order to adjust the Contract Time for the compensatory delay. A Change Order issued pursuant to this section requires affirmative acceptance by the Owner, per § 7.2 Delays and Extensions of Time of the A201-2017. Either party may appeal the recommendation of the Architect or Owner under the procedures set forth in Article 15 of the A201 – 2017, incorporated herein by reference. § 3.3.4.Omitted.§ 3.3.5 The Contract Time assumes free and unimpeded access to the Work, so the Work can progress in a sequential manner, per the Construction Schedule (Exhibit I), and with supply lead times also established on the Construction Schedule (Exhibit I), normal weather conditions, and all utility work necessary for completion of the project based on industry standards for the jurisdiction in which the project is located. With an extension request, the Contractor shall set out the reasons on which the extension request is based and shall provide documentation for delays beyond the Contractor’s control including a revised schedule showing the impact to the Contract Time. The Contract assumes that the Drawings and Specifications meet all local and state building codes, applicable accessibility requirements and/or any other requirement, all of which are the responsibility of the Architect and Engineer of Record. The Contractor acknowledges that there shall be ZERO CONSTRUCTION TOLERANCE between Drawings, and the actual construction by Contractor, for those portions of the Drawings depicting accessibility requirements and dimensions. These include designed individual units with accessible features, and where shown and designed pathways and points of ingress and egress to accessible units, and building common areas, amenities, and other spaces required to be accessible to any occupant. Contractor acknowledges that accessible features, finishes, and spaces that fail to meet accessibility requirements as indicated and depicted in the Drawings shall be corrected by the Contractor, and shall not entitle Contractor to additional Contract Time. The Contractor is encouraged to consult with the Architect and Engineer during completion of the Work to ensure that all accessible features are understood and constructed to the specifications required by the Drawings and Specifications. § 3.3.6 The Owner shall obtain and pay all occupancy/public space permits (including required bonds and/or other securities) and local approvals as required pursuant to Exhibit P. The Exhibit P represents the parties’ current understanding of the permits and approvals required for the Project, which are subject to modification by applicable jurisdictions and agencies. The Contractor shall use reasonable efforts to notify the Owner of any new requirements,
Init./AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)4
approvals, procedures, or similar changes that may impact the Work, and which the Owner is obligated to secure or provide. Any delays in inspections, approvals, or arising from new procedures pursuant to this provision shall entitle the Contractor to an adjustment of the Contract Time and Contract Sum through a Change Order. It shall be the Contractor’s responsibility to arrange, obtain and pay for necessary trade permits and inspections for mechanical, plumbing, electrical and fire sprinkler. The Contractor shall also schedule necessary inspections for structural, framing, insulation and life safety. These inspections shall be arranged to be performed at the appropriate phases of construction work and shall be completed prior to Substantial Completion. The Contractor shall cooperate with the Owner in scheduling the inspections for the conditional or final Certificates of Occupancy, if required, for which the Owner shall be responsible to secure. – § 3.3.7 Delay Costs for Contractor General Conditions. If the Contract Time is impacted and delayed at any time in the commencement or progress of the Work pursuant to Article 8.3 of the A201 – 2017, incorporated herein by reference, or other causes beyond the Contractor’s control, the Contractor shall be entitled to receive $1,000 per day for general conditions costs. ARTICLE 4 CONTRACT SUM§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be Three Million Eight Hundred Three Thousand Two Hundred Twenty-Four Dollars and Zero Cents ($ 3,803,224.00 ), subject to additions and deductions as provided in the Contract Documents.§ 4.2 Alternates§ 4.2.1 Alternates, if any, included in the Contract Sum:Item Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)Item Price Conditions for Acceptance § 4.3 Allowances, if any, included in the Contract Sum:(Identify each allowance.)Item Price § 4.4 Unit prices, if any:(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)Item Units and Limitations Price per Unit ($0.00) § 4.5 Liquidated damages, if any:(Insert terms and conditions for liquidated damages, if any.)§ 4.5.1 The time in which the Contractor agrees to complete the Work is of the essence of the Contract and failure to complete within the time specified will entitle Owner and the Owner will deduct and retain out of monies which will be due to the Contractor under this Contract as liquidated damages the sum of $1,000 per calendar day for each calendar day of unexcused delays beyond the time specified for Substantial Completion, as properly adjusted for delays beyond the Contractor’s control in accordance with Section 3.3.4.
Init./AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)5
§ 4.5.2 In no event shall the liquidated damages exceed the Contractor’s Profit of 7% of the Contract Sum, and shall not be considered as a penalty but as a sum mutually agreed upon as the unascertained damages suffered by the Owner because of delay in completion of the Work.§ 4.5.3 The provision for liquidated damages as set out in this Section 4.5 shall be the sole exclusive remedy available to the Owner in the event of delay in completion of the work within the time specified, except for Contractor’s insurance coverage, which shall be available in addition to any liquidated damages, if applicable. Applicable articles of the General Conditions shall continue to apply in the event of neglect or other default.§ 4.6 Other:(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)Omitted.ARTICLE 5 PAYMENTS§ 5.1 Progress Payments§ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment 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.§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the amount certified to the Contractor within30 days. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment.(Federal, state or local laws may require payment within a certain period of time.)§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment.§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.§ 5.1.5.1 Applications for Payment may include cost for deposits for proprietary equipment and/or materials as required for the manufacturing or production of the same which are specified for the Work, and shall be inclusive of the Contract Sum. § 5.1.5.2 Applications for Payment may include cost for bulk purchasing of materials and storage, and shall be inclusive of the Contract Sum.§ 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:§ 5.1.6.1 The amount of each progress payment shall first include:.1That portion of the Contract Sum properly allocable to completed Work;.2That portion of the Contract Sum 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, suitably stored off the site at a location agreed upon in writing; and
Init.
/
AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights
reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The
American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for
resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations,
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.3 That portion of Construction Change Directives that the Architect determines, in the Architect’s
professional judgment, to be reasonably justified.
§ 5.1.6.2 The amount of each progress payment shall then be reduced by:
.1 The aggregate of any amounts previously paid by the Owner;
.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously
withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017;
.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier,
unless the Work has been performed by others the Contractor intends to pay;
.4 For Work performed or defects discovered since the last payment application, any amount for which
the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided
in Article 9 of AIA Document A201–2017; and
.5 Retainage withheld pursuant to Section 5.1.7.
§ 5.1.7 Retainage
§ 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the
following amount, as retainage, from the payment otherwise due: Retainage will be 10%.
(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of
retainage may be limited by governing law.)
§ 5.1.7.1.1 The following items are not subject to retainage:
(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)
Bonds and insurance.
§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:
(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work,
including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert
provisions for such modifications.)
Retainage shall be 10% until work is 50% complete. After the project is 50% complete, if the Contractor’s
performance and progress are deemed satisfactory by the Owner and the Architect, the Owner may authorize a
reduction in the retainage from 10% to 5% up until 75% completion. After 75% completion, the Owner may authorize
a reduction in retainage to 2.5% until the loan reaches Final Endorsement. If at any time while the retainage is less than
10%, the Owner or Architect determine that the Contractor’s performance is not satisfactory, the Owner may, at its
sole discretion, reinstate a 10% retainage.
§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may
submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant
to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as
follows:
(Insert any other conditions for release of retainage upon Substantial Completion.)
§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay
the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017.
.
(Paragraph deleted)
§ 5.2 Final Payment
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when
Init./AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)7
.1the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; and.2a final Certificate for Payment has been issued by the Architect.§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows:§ 5.3 InterestPayments due and unpaid under the Contract shall begin to bear interest thirty (30) days after the date of the Application for Payment at the rate stated below(Insert rate of interest agreed upon, if any.) The interest rate shall be at an annual rate of WSJ Prime + 2.5% The intent of this clause is to induce prompt payment and not a means to defer payment. Interest due shall be invoiced separately and due up receipt.ARTICLE 6 DISPUTE RESOLUTION§ 6.1 Initial Decision MakerThe Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)§ 6.2 Binding Dispute ResolutionFor any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows:(Check the appropriate box.)[ X ]Arbitration pursuant to Section 15.4 of AIA Document A201–2017[ ]Litigation in a court of competent jurisdiction[ ]Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. If any mediation, litigation, or other dispute resolution proceeding is commenced for the interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for damages for the breach thereof, then, in addition to any or all other relief awarded in such proceeding, the prevailing party shall be entitled to an award against the other party for an amount equal to the reasonable attorney’s fees and other costs incurred in connection with such proceeding.
Init./AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)8
ARTICLE 7 TERMINATION OR SUSPENSION§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017, as modified, and as provided in the attached HUD Form 5370 – General Conditions for Construction Contractions – Public Housing Projects.(Paragraphs deleted)§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017, as modified.ARTICLE 8 MISCELLANEOUS PROVISIONS§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as modified, amended or supplemented by other provisions of the Contract Documents.§ 8.2 The Owner’s representative:(Name, address, email address, and other information)Joel Sanchez District of Columbia Housing Authority 300 7th St. SW10th Floor Washington, DC 20024 Phone: Email: jsanchez@dchousing.org § 8.3 The Contractor’s representative:(Name, address, email address, and other information) Philip W. GibbsHamel Builders, Inc.5710 Furnace Avenue, Suite HElkridge, MD 21075Phone: 410-379-6700Email: pgibbs@hamelbuilders.comAndMichael P. MuellerHamel Builders, Inc.5710 Furnace Avenue, Suite HElkridge, MD 21075Phone: 410-379-6700Email: mmueller@hamelbuilders.com§ 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party.§ 8.5 Insurance and Bonds§ 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents.§ 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in the Contract Documents.
Init./AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)9
§ 8.6 (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.)§ 8.7 Other provisions:§ 8.7.1 The method of adjustment of the Contractor’s Fee for changes in the Work:1. For increases add:a. 2% Overheadb. 7% Profitc. 0.62% Bondsd. 0.50% Insurance2. For decreases subtract:a. 0.62% Bondsb. 0.50% InsuranceWhen both additions and credits covering related work or substitutions are involved in a change, the allowance for Overhead, Profit, Bonds and Insurance shall be calculated on the basis of net increase, if any, with respect to that change. § 8.7.2 - Relocation and Residents Coordination: Owner shall be responsible for the coordination and relocation of residents in accordance with Exhibit I Construction Schedule. A delay in the relocation of residents that results in an impact to the critical path and results in an unavoidable increase in the total Contract Time shall represent a compensatory delay to the Contractor with an adjustment to the Contract Sum and Contract Time. § 8.7.3 Owner agrees to make all payments to the Contractor by wire transfer or check upon receipt of funds from the Lender in accordance with Article 12.§ 8.7.4 Contractor shall provide one (1) sets of as-built drawings at Final Completion and one (1) Digital File (USB drive) containing a PDF copy of as-built drawings at Final Completion.§ 8.7.5 The Contractor’s warranty period shall commence upon Substantial Completion and will expire one (1) year from such date. Upon receipt of notice from Owner Contractor shall promptly correct defective and non-conforming work. All standard manufacturer’s warranties are in addition to and not a limitation of Contractor’s one-year warranty period set forth in Section 12.2.2.1 of A201 and shall remain as written within approved submittals. Contractor shall provide all warranty information and training within thirty (30) days of Substantial Completion.§ 8.7.6 Contractor shall establish and provide a Final Construction Schedule within thirty (30) days of Notice to Proceed but shall not extend duration indicated in Section 4.3 of this Agreement.§ 8.7.7 Contractor shall purchase and maintain the Builders Risk Insurance. Owner shall be responsible for any deductible required, according to Section A.2.3.1.4 of the AIA A102 – 2017, Exhibit A.§ 8.7.8 Contractor agrees to meet the requirements of the District of Columbia Housing Authority, including Section 3 of the Housing and Urban Development Act of 1968, as amended, and the DC Certified Business Enterprise (CBE) requirements.The Contractor shall be responsible for ensuring, as a part of the Contract Sum that SBE/CBE Subcontractor participation is a minimum of thirty-five percent (35%) of the Contractor’s Contract Amount. This shall include costs for changes in the Work, under Article 6.§ 8.7.9 Contractor includes Davis Bacon Wage Scale requirements. The Contract Sum is based on the Davis Bacon
Init./AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)10
Wage Determination DC20250003 attached as Exhibit I. Any modifications to the applicable wage rates under this determination shall constitute valid grounds for an adjustment in the pricing of the trades affected by such wage rate changes.§ 8.7.10 Contractor shall execute its First Source Agreement in compliance with Owner’s First Source Agreement, which is attached hereto as Exhibit K.§ 8.7.11 Contractor will be furnished, free of charge, one (1) copy of Drawings and one (1) copy of Project Manuals.§ 8.7.12 Contractor shall be provided, free of charge, with CAD files as may be required by subcontractors in order to facilitate the coordination of review of shop drawings. Contractor and subcontractor shall sign a standard release as may be required by the Architect.§ 8..7.13 Contractor shall notify Owner immediately when a mechanic’s lien is placed against the Project by his subcontractors, sub-subcontractors, and/or suppliers. If such lien is a direct result of any action or inaction of Owner, Owner shall secure at its sole expense any bonds required to remove, release or discharge such lien. If such lien is a direct result of any action or inaction of Contractor, Contractor shall secure within seven (7) calendar days at its own expense any bond required to remove, release or discharge such liens. If Contractor fails to discharge liens that it is responsible for, then the Owner may purchase such bond and deduct the cost of such bond (or bonds) and the costs to discharge the bond from any payment due to the Contractor by the Owner.§ 8.7.14 Omitted.§ 8.7.15 In the event of any inconsistency in these Contract Documents, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence to the documents in the following order:.1 This Agreement – AIA A101-2017.2 Exhibit G – Contractor’s Clarifications.3 HUD Form 5370 – General Conditions for Construction Contracts – Public Housing Programs.4The General Conditions – AIA A201-2017.5The Drawings as listed in Exhibit B.6The Specifications as listed in Exhibit CARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS§ 9.1 This Agreement is comprised of the following documents:.1AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor.2AIA Document A101™–2017, Exhibit A, Insurance and Bonds .3AIA Document A201™–2017, General Conditions of the Contract for Construction.4AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below:(Insert the date of the E203-2013 incorporated into this Agreement.) .5DrawingsNumber Title Date Exhibit B – List of Drawings.6SpecificationsSection Title Date Pages Exhibit C - Specifications.7Addenda, if any:
Init./AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)11
Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9..8Other Exhibits:(Check all boxes that apply and include appropriate information identifying the exhibit where required.)[ ]AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:(Insert the date of the E204-2017 incorporated into this Agreement.) [ ]The Sustainability Plan:Title Date Pages[ ]Supplementary and other Conditions of the Contract:Document Title Date Pages.9Other documents, if any, listed below:(List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.)Exhibit D Not UsedExhibit E Not UsedExhibit F AllowancesExhibit G Contractor’s Clarifications Exhibit H Schedule of Values – AIA G702/703Exhibit I Construction ScheduleExhibit J Davis Bacon Wage DeterminationExhibit K Federal Labor Standards ProvisionsExhibit L Intentionally OmittedExhibit M Intentionally OmittedExhibit N DCHA Section 3 RequirementsExhibit OHUD Form 5370 – General Conditions for Construction Contracts – Public Housing ProgramsExhibit P Permits and Approvals This Agreement entered into as of the day and year first written above. OWNER (Signature)CONTRACTOR (Signature)
Init./AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)12
District of Columbia Housing Authority Hamel Builders, Inc. (Printed name and title) (Printed name and title)
Additions and Deletions Report forAIA® Document A101® – 2017This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:39:52 ET on 06/18/2025.
Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)1
PAGE 1AGREEMENT made as of the day of in the year 2025 …District of Columbia Housing Authority 300 7th St. SW10th Floor Washington, DC 20024 …Hamel Builders, Inc. 5710 Furnace Avenue, Suite H Elkridge, MD 21075 … Villager Apartments3810 Southern Avenue SEWashington, DC 20020 Renovation of 20 residential units. …AMAR Group LLC 6230 3rd Street, NW Suite 4 Washington, DC 20011 PAGE 2[ X ]Established as follows:(Insert a date or a means to determine the date of commencement of the Work.)The date of commencement shall be within ten (10) days after all of the following have been received:a. Owner has issued in writing and Contractor has acknowledged receipt of a Notice to Proceed.b. All permits and approvals referenced in Exhibit P as well as public and/or private utilities that are legally necessary for the Work to commence are issued by local, state, and federal authorities.c. Owner has provided evidence satisfactory to the Contractor’s surety that sufficient financing is in place with all funds available during construction for payment to the Contractor.PAGE 3[ ]Not later than Five Hundred Forty-Two ( 542 ) calendar days from the date of commencement of the
Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)2
Work.…§ 3.3.4 Requests for extensions pursuant to § 8.3 Delays and Extensions of Time of the A201-2017, incorporated herein by reference, will be made by Contractor via written application to the Architect and Owner within twenty-one (21) days after Contractor becomes aware of a condition, occurrence or event that in the opinion of the Contractor warrants the extension. Architect and Owner shall approve or deny, in writing and with cause, such request within twenty-one (21) days of receipt. Lack of response by both Owner and Architect within the provided time shall represent acceptance of the Contractor’s request which shall issued via Change Order to adjust the Contract Time for the compensatory delay. A Change Order issued pursuant to this section requires affirmative acceptance by the Owner, per § 7.2 Delays and Extensions of Time of the A201-2017. Either party may appeal the recommendation of the Architect or Owner under the procedures set forth in Article 15 of the A201 – 2017, incorporated herein by reference. § 3.3.4.Omitted.§ 3.3.5 The Contract Time assumes free and unimpeded access to the Work, so the Work can progress in a sequential manner, per the Construction Schedule (Exhibit I), and with supply lead times also established on the Construction Schedule (Exhibit I), normal weather conditions, and all utility work necessary for completion of the project based on industry standards for the jurisdiction in which the project is located. With an extension request, the Contractor shall set out the reasons on which the extension request is based and shall provide documentation for delays beyond the Contractor’s control including a revised schedule showing the impact to the Contract Time. The Contract assumes that the Drawings and Specifications meet all local and state building codes, applicable accessibility requirements and/or any other requirement, all of which are the responsibility of the Architect and Engineer of Record. The Contractor acknowledges that there shall be ZERO CONSTRUCTION TOLERANCE between Drawings, and the actual construction by Contractor, for those portions of the Drawings depicting accessibility requirements and dimensions. These include designed individual units with accessible features, and where shown and designed pathways and points of ingress and egress to accessible units, and building common areas, amenities, and other spaces required to be accessible to any occupant. Contractor acknowledges that accessible features, finishes, and spaces that fail to meet accessibility requirements as indicated and depicted in the Drawings shall be corrected by the Contractor, and shall not entitle Contractor to additional Contract Time. The Contractor is encouraged to consult with the Architect and Engineer during completion of the Work to ensure that all accessible features are understood and constructed to the specifications required by the Drawings and Specifications. § 3.3.6 The Owner shall obtain and pay all occupancy/public space permits (including required bonds and/or other securities) and local approvals as required pursuant to Exhibit P. The Exhibit P represents the parties’ current understanding of the permits and approvals required for the Project, which are subject to modification by applicable jurisdictions and agencies. The Contractor shall use reasonable efforts to notify the Owner of any new requirements, approvals, procedures, or similar changes that may impact the Work, and which the Owner is obligated to secure or provide. Any delays in inspections, approvals, or arising from new procedures pursuant to this provision shall entitle the Contractor to an adjustment of the Contract Time and Contract Sum through a Change Order. It shall be the Contractor’s responsibility to arrange, obtain and pay for necessary trade permits and inspections for mechanical, plumbing, electrical and fire sprinkler. The Contractor shall also schedule necessary inspections for structural, framing, insulation and life safety. These inspections shall be arranged to be performed at the appropriate phases of construction work and shall be completed prior to Substantial Completion. The Contractor shall cooperate with the Owner in scheduling the inspections for the conditional or final Certificates of Occupancy, if required, for which the Owner shall be responsible to secure. – § 3.3.7 Delay Costs for Contractor General Conditions. If the Contract Time is impacted and delayed at any time in the commencement or progress of the Work pursuant to Article 8.3 of the A201 – 2017, incorporated herein by reference, or other causes beyond the Contractor’s control, the Contractor shall be entitled to receive $1,000 per day for general conditions costs.
Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997,
2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are
trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on
06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report
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§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the
Contract. The Contract Sum shall be Three Million Eight Hundred Three Thousand Two Hundred Twenty-Four
Dollars and Zero Cents ($ 3,803,224.00 ), subject to additions and deductions as provided in the Contract
Documents.
PAGE 4
§ 4.5.1 The time in which the Contractor agrees to complete the Work is of the essence of the Contract and failure to
complete within the time specified will entitle Owner and the Owner will deduct and retain out of monies which will
be due to the Contractor under this Contract as liquidated damages the sum of $1,000 per calendar day for each
calendar day of unexcused delays beyond the time specified for Substantial Completion, as properly adjusted for
delays beyond the Contractor’s control in accordance with Section 3.3.4.
§ 4.5.2 In no event shall the liquidated damages exceed the Contractor’s Profit of 7% of the Contract Sum, and shall
not be considered as a penalty but as a sum mutually agreed upon as the unascertained damages suffered by the Owner
because of delay in completion of the Work.
§ 4.5.3 The provision for liquidated damages as set out in this Section 4.5 shall be the sole exclusive remedy available
to the Owner in the event of delay in completion of the work within the time specified, except for Contractor’s
insurance coverage, which shall be available in addition to any liquidated damages, if applicable. Applicable articles
of the General Conditions shall continue to apply in the event of neglect or other default.
PAGE 5
Omitted.
…
§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month,
the Owner shall make payment of the amount certified to the Contractor not later than the day of the month.
within30 days. If an Application for Payment is received by the Architect after the application date fixed above,
payment of the amount certified shall be made by the Owner not later than thirty ( 30 ) days after the Architect
receives the Application for Payment.
…
§ 5.1.5.1 Applications for Payment may include cost for deposits for proprietary equipment and/or materials as
required for the manufacturing or production of the same which are specified for the Work, and shall be inclusive of
the Contract Sum.
§ 5.1.5.2 Applications for Payment may include cost for bulk purchasing of materials and storage, and shall be
inclusive of the Contract Sum.
PAGE 6
§ 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the
following amount, as retainage, from the payment otherwise due: Retainage will be 10%.
…
Bonds and insurance.
…
Retainage shall be 10% until work is 50% complete. After the project is 50% complete, if the Contractor’s
performance and progress are deemed satisfactory by the Owner and the Architect, the Owner may authorize a
reduction in the retainage from 10% to 5% up until 75% completion. After 75% completion, the Owner may authorize
a reduction in retainage to 2.5% until the loan reaches Final Endorsement. If at any time while the retainage is less than
Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)4
10%, the Owner or Architect determine that the Contractor’s performance is not satisfactory, the Owner may, at its sole discretion, reinstate a 10% retainage. ….§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.PAGE 7Payments 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 where the Project is located.begin to bear interest thirty (30) days after the date of the Application for Payment at the rate stated below(Insert rate of interest agreed upon, if any.) The interest rate shall be at an annual rate of WSJ Prime + 2.5% The intent of this clause is to induce prompt payment and not a means to defer payment. % Interest due shall be invoiced separately and due up receipt.…[ X ]Arbitration pursuant to Section 15.4 of AIA Document A201–2017…If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. If any mediation, litigation, or other dispute resolution proceeding is commenced for the interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for damages for the breach thereof, then, in addition to any or all other relief awarded in such proceeding, the prevailing party shall be entitled to an award against the other party for an amount equal to the reasonable attorney’s fees and other costs incurred in connection with such proceeding.PAGE 8§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017.A201–2017, as modified, and as provided in the attached HUD Form 5370 – General Conditions for Construction Contractions – Public Housing Projects.§ 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows:(Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.)§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017.A201–2017, as modified.…§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as modified, amended or supplemented by other provisions of the Contract Documents.
Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)5
…Joel Sanchez District of Columbia Housing Authority 300 7th St. SW10th Floor Washington, DC 20024 Phone: Email: jsanchez@dchousing.org … Philip W. GibbsHamel Builders, Inc.5710 Furnace Avenue, Suite HElkridge, MD 21075Phone: 410-379-6700Email: pgibbs@hamelbuilders.comAndMichael P. MuellerHamel Builders, Inc.5710 Furnace Avenue, Suite HElkridge, MD 21075Phone: 410-379-6700Email: mmueller@hamelbuilders.comPAGE 9§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with a building information modeling exhibit, if completed, or as otherwise set forth below:(If other than in accordance with a building information modeling exhibit, AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.)…§ 8.7.1 The method of adjustment of the Contractor’s Fee for changes in the Work:1. For increases add:a. 2% Overheadb. 7% Profitc. 0.62% Bondsd. 0.50% Insurance2. For decreases subtract:a. 0.62% Bondsb. 0.50% InsuranceWhen both additions and credits covering related work or substitutions are involved in a change, the allowance for Overhead, Profit, Bonds and Insurance shall be calculated on the basis of net increase, if any, with respect to that change. § 8.7.2 - Relocation and Residents Coordination: Owner shall be responsible for the coordination and relocation of residents in accordance with Exhibit I Construction Schedule. A delay in the relocation of residents that results in an impact to the critical path and results in an unavoidable increase in the total Contract Time shall represent a compensatory delay to the Contractor with an adjustment to the Contract Sum and Contract Time.
Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)6
§ 8.7.3 Owner agrees to make all payments to the Contractor by wire transfer or check upon receipt of funds from the Lender in accordance with Article 12.§ 8.7.4 Contractor shall provide one (1) sets of as-built drawings at Final Completion and one (1) Digital File (USB drive) containing a PDF copy of as-built drawings at Final Completion.§ 8.7.5 The Contractor’s warranty period shall commence upon Substantial Completion and will expire one (1) year from such date. Upon receipt of notice from Owner Contractor shall promptly correct defective and non-conforming work. All standard manufacturer’s warranties are in addition to and not a limitation of Contractor’s one-year warranty period set forth in Section 12.2.2.1 of A201 and shall remain as written within approved submittals. Contractor shall provide all warranty information and training within thirty (30) days of Substantial Completion.§ 8.7.6 Contractor shall establish and provide a Final Construction Schedule within thirty (30) days of Notice to Proceed but shall not extend duration indicated in Section 4.3 of this Agreement.§ 8.7.7 Contractor shall purchase and maintain the Builders Risk Insurance. Owner shall be responsible for any deductible required, according to Section A.2.3.1.4 of the AIA A102 – 2017, Exhibit A.§ 8.7.8 Contractor agrees to meet the requirements of the District of Columbia Housing Authority, including Section 3 of the Housing and Urban Development Act of 1968, as amended, and the DC Certified Business Enterprise (CBE) requirements.The Contractor shall be responsible for ensuring, as a part of the Contract Sum that SBE/CBE Subcontractor participation is a minimum of thirty-five percent (35%) of the Contractor’s Contract Amount. This shall include costs for changes in the Work, under Article 6.§ 8.7.9 Contractor includes Davis Bacon Wage Scale requirements. The Contract Sum is based on the Davis Bacon Wage Determination DC20250003 attached as Exhibit I. Any modifications to the applicable wage rates under this determination shall constitute valid grounds for an adjustment in the pricing of the trades affected by such wage rate changes.§ 8.7.10 Contractor shall execute its First Source Agreement in compliance with Owner’s First Source Agreement, which is attached hereto as Exhibit K.§ 8.7.11 Contractor will be furnished, free of charge, one (1) copy of Drawings and one (1) copy of Project Manuals.§ 8.7.12 Contractor shall be provided, free of charge, with CAD files as may be required by subcontractors in order to facilitate the coordination of review of shop drawings. Contractor and subcontractor shall sign a standard release as may be required by the Architect.§ 8..7.13 Contractor shall notify Owner immediately when a mechanic’s lien is placed against the Project by his subcontractors, sub-subcontractors, and/or suppliers. If such lien is a direct result of any action or inaction of Owner, Owner shall secure at its sole expense any bonds required to remove, release or discharge such lien. If such lien is a direct result of any action or inaction of Contractor, Contractor shall secure within seven (7) calendar days at its own expense any bond required to remove, release or discharge such liens. If Contractor fails to discharge liens that it is responsible for, then the Owner may purchase such bond and deduct the cost of such bond (or bonds) and the costs to discharge the bond from any payment due to the Contractor by the Owner.§ 8.7.14 Omitted.§ 8.7.15 In the event of any inconsistency in these Contract Documents, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence to the documents in the following order:.1 This Agreement – AIA A101-2017.2 Exhibit G – Contractor’s Clarifications.3 HUD Form 5370 – General Conditions for Construction Contracts – Public Housing Programs
Additions and Deletions Report for AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)7
.4The General Conditions – AIA A201-2017.5The Drawings as listed in Exhibit B.6The Specifications as listed in Exhibit CPAGE 10.4Building information modeling exhibit, AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below:(Insert the date of the building information modeling exhibit E203-2013 incorporated into this Agreement.)… Exhibit B – List of Drawings… Exhibit C - SpecificationsPAGE 11Exhibit D Not UsedExhibit E Not UsedExhibit F AllowancesExhibit G Contractor’s Clarifications Exhibit H Schedule of Values – AIA G702/703Exhibit I Construction ScheduleExhibit J Davis Bacon Wage DeterminationExhibit K Federal Labor Standards ProvisionsExhibit L Intentionally OmittedExhibit M Intentionally OmittedExhibit N DCHA Section 3 RequirementsExhibit OHUD Form 5370 – General Conditions for Construction Contracts – Public Housing ProgramsExhibit P Permits and Approvals PAGE 12District of Columbia Housing Authority Hamel Builders, Inc.
AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:52 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1229022517)1
’Certification of Document s AuthenticityAIA® Document D401™ – 2003I, Emily Rinehart, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:39:52 ET on 06/18/2025 under Order No. 2114489670 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101™ – 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, other than those additions and deletions shown in the associated Additions and Deletions Report._____________________________________________________________(Signed) _____________________________________________________________(Title) _____________________________________________________________(Dated)
Document A101
®
– 2017 Exhibit A
Insurance and Bonds
Init.
/
AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA
Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under
Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes: (1969450287)
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ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviewed. A
vertical line in the left margin of this
document indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
This document is intended to be used
in conjunction with AIA Document
A201®–2017, General Conditions of
the Contract for Construction. Article
11 of A201®–2017 contains
additional insurance provisions.
This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the
Contractor, dated the day of in the year 2025
(In words, indicate day, month and year.)
for the following PROJECT:
(Name and location or address)
Villager Apartments
3810 Southern Avenue SE
Washington, DC 20020
THE OWNER:
(Name, legal status and address)
District of Columbia Housing Authority
300 7th St. SW
10th Floor
Washington, DC 20024
THE CONTRACTOR:
(Name, legal status and address)
Hamel Builders, Inc.
5710 Furnace Avenue, Suite H
Elkridge, MD 21075
TABLE OF ARTICLES
A.1 GENERAL
A.2 OWNER’S INSURANCE
A.3 CONTRACTOR’S INSURANCE AND BONDS
A.4 SPECIAL TERMS AND CONDITIONS
ARTICLE A.1 GENERAL
The Owner and Contractor shall purchase and maintain insurance, and provide bonds, as
set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA
Document A201™–2017, General Conditions of the Contract for Construction.
ARTICLE A.2 OWNER’S INSURANCE
§ A.2.1 General
Prior to commencement of the Work, the Owner shall secure the insurance, and provide
evidence of the coverage, required under this Article A.2 and, upon the Contractor’s
request, provide a copy of the property insurance policy or policies required by Section
Init./AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1969450287)2
A.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements.§ A.2.2 Liability InsuranceThe Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance.§ A.2.3 Required Property Insurance§ A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. Hamel Builders, Inc., its Subcontractors and Sub-subcontractors shall be Additional Named Insureds on the policy.§ A.2.3.1.1 Causes of Loss. The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows:(Indicate below the cause of loss and any applicable sub-limit.)Causes of Loss Sub-Limit § A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Contractor’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows:(Indicate below type of coverage and any applicable sub-limit for specific required coverages.)Coverage Sub-Limit § A.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section A.2.3.1 or, if necessary, replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions.§ A.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. If Owner elects to utilize co-insurance, Owner shall be responsible and protect Contractor for any co-insurance shortages, penalties or losses arising from a co-insurance deficit of the policy value. Owner shall be responsible for insuring one hundred percent (100%) of the improvement and premises value. In the event a loss is determined by the insurance company to have been caused by the negligence of the Contractor or any person or entity for whom the Contractor is responsible, the Contractor shall be liable for payment of any applicable deductible up to Five Thousand Dollars ($5,000). If the cost of the damage is less than the deductible, the Contractor shall be responsible for remediating the damage at its own cost and expense.§ A.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance
Init./AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1969450287)3
company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing.§ A.2.3.3 Insurance for Existing StructuresIf the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section A.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties.§ A.2.4 Optional Extended Property Insurance.The Owner shall purchase and maintain the insurance selected and described below.(Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.)[ ]§ A.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. [ X ]§ A.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ X ]§ A.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ X ]§ A.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ]§ A.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ]§ A.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ]§ A.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including
Init./AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1969450287)4
construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. § A.2.5 Other Optional Insurance.The Owner shall purchase and maintain the insurance selected below.(Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.)[ ]§ A.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information.(Indicate applicable limits of coverage or other conditions in the fill point below.) [ ]§ A.2.5.2 Other Insurance(List below any other insurance coverage to be provided by the Owner and any applicable limits.)Coverage Limits ARTICLE A.3 CONTRACTOR’S INSURANCE AND BONDS§ A.3.1 General§ A.3.1.1 Certificates of Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.1. The certificates will show the Owner as an additional insured on the Contractor’s Commercial General Liability and excess or umbrella liability policy or policies.§ A.3.1.2 Deductibles and Self-Insured Retentions. The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor.§ A.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect’s consultants, CG 20 32 07 04..1 District of Columbia Housing Authority§ A.3.2 Contractor’s Required Insurance Coverage§ A.3.2.1 The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below:
Init./AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1969450287)5
(If the Contractor is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.)§ A.3.2.2 Commercial General Liability§ A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than one million dollars ($ 1,000,000.00 ) each occurrence, two million dollars ($ 2,000,000.00 ) general aggregate, and two million dollars ($ 2,000,000.00 ) aggregate for products-completed operations hazard, providing coverage for claims including.1damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person;.2personal injury and advertising injury;.3damages because of physical damage to or destruction of tangible property, including the loss of use of such property;.4bodily injury or property damage arising out of completed operations; and.5the Contractor’s indemnity obligations under Section 3.18 of the General Conditions.§ A.3.2.2.2 The Contractor’s Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following:.1Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim..2Claims for property damage to the Contractor’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor..3Claims for bodily injury other than to employees of the insured..4Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured..5Claims or loss excluded under a prior work endorsement or other similar exclusionary language..6Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language..7Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project..8Claims related to roofing, if the Work involves roofing..9Intentionally omitted..10Claims related to earth subsidence or movement, where the Work involves such hazards..11Claims related to explosion, collapse and underground hazards, where the Work involves such hazards.§ A.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than one million dollars ($ 1,000,000.00 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage.§ A.3.2.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section A.3.2.2 and A.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.§ A.3.2.5 Workers’ Compensation at statutory limits.§ A.3.2.6 Employers’ Liability with policy limits not less than five hundred thousand dollars ($ 500,000.00 ) each accident, five hundred thousand dollars ($ 500,000.00 ) each employee, and five hundred thousand dollars ($ 500,000.00 ) policy limit.
Init./AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1969450287)6
§ A.3.2.7 Intentionally omitted.§ A.3.2.8 Intentionally omitted.§ A.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Subcontractor performing this type of Work shall procure Pollution Liability insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate.§ A.3.2.10 Intentionally omitted.§ A.3.2.11 Intentionally omitted.§ A.3.2.12 Intentionally omitted.§ A.3.3 Contractor’s Other Insurance Coverage§ A.3.3.1 Insurance selected and described in this Section A.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below:(If the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.)§ A.3.3.2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section A.3.3.1.(Select the types of insurance the Contractor is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.)[ X ]§ A.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section A.2.3, which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3. The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. The Contractor shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below:(Where the Contractor’s obligation to provide property insurance differs from the Owner’s obligations as described under Section A.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) [ ]§ A.3.3.2.2 Intentionally omitted.[ ]§ A.3.3.2.3 Intentionally omitted. [ ]§ A.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form.[ ]§ A.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Contractor and used on the Project, including scaffolding and other equipment.
Init./AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1969450287)7
[ X ]§ A.3.3.2.6 Other Insurance(List below any other insurance coverage to be provided by the Contractor and any applicable limits.)Coverage LimitsContractor shall include Umbrella Liability insurance. The Umbrella insurance coverage shall be triggered upon the exhaustion of the General Liability Auto or Employer’s Liability policies. $10,000,000.00 per occurrence and aggregate.§ A.3.4 Performance Bond and Payment BondThe Contractor shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located, as follows:(Specify type and penal sum of bonds.)Type Penal Sum ($0.00)Payment Bond 100% of Contract ValuePerformance Bond 100% of Contract ValueMaintenance Bond at Substantial Completion 2 ½ % of Final Contract ValuePayment and Performance Bonds shall be AIA Document A312™, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312™, current as of the date of this Agreement.ARTICLE A.4 SPECIAL TERMS AND CONDITIONSSpecial terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows:
Additions and Deletions Report forAIA® Document A101® – 2017 Exhibit AThis Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:39:58 ET on 06/18/2025.
Additions and Deletions Report for AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1969450287)1
PAGE 1This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Contractor, dated the day of in the year 2025 …Villager Apartments3810 Southern Avenue SEWashington, DC 20020 …(Name, legal status and address)District of Columbia Housing Authority 300 7th St. SW10th Floor Washington, DC 20024 …Hamel Builders, Inc. 5710 Furnace Avenue, Suite H Elkridge, MD 21075 PAGE 2§ A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. Hamel Builders, Inc., its Subcontractors and Sub-subcontractors shall be Additional Named Insureds on the policy.…§ A.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. If Owner elects to utilize co-insurance, Owner shall be responsible and protect Contractor
Additions and Deletions Report for AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1969450287)2
for any co-insurance shortages, penalties or losses arising from a co-insurance deficit of the policy value. Owner shall be responsible for insuring one hundred percent (100%) of the improvement and premises value. In the event a loss is determined by the insurance company to have been caused by the negligence of the Contractor or any person or entity for whom the Contractor is responsible, the Contractor shall be liable for payment of any applicable deductible up to Five Thousand Dollars ($5,000). If the cost of the damage is less than the deductible, the Contractor shall be responsible for remediating the damage at its own cost and expense.PAGE 3[ X ]§ A.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project.…[ X ]§ A.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property.…[ X ]§ A.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred.PAGE 4.1 District of Columbia Housing AuthorityPAGE 5§ A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than one million dollars ($ 1,000,000.00 ) each occurrence, two million dollars ($ 2,000,000.00 ) general aggregate, and two million dollars ($ 2,000,000.00 ) aggregate for products-completed operations hazard, providing coverage for claims including….9Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces.Intentionally omitted.…§ A.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than one million dollars ($ 1,000,000.00 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage.…§ A.3.2.6 Employers’ Liability with policy limits not less than five hundred thousand dollars ($ 500,000.00 ) each accident, five hundred thousand dollars ($ 500,000.00 ) each employee, and five hundred thousand dollars ($ 500,000.00 ) policy limit.§ A.3.2.7 Jones Act, and the Longshore & Harbor Workers’ Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks Intentionally omitted.
Additions and Deletions Report for AIA Document A101 – 2017 Exhibit A. Copyright © 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:39:58 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1969450287)3
§ A.3.2.8 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate.Intentionally omitted.§ A.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Contractor Subcontractor performing this type of Work shall procure Pollution Liability insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate.§ A.3.2.10 Coverage under Sections A.3.2.8 and A.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than ($ ) per claim and ($ ) in the aggregate.Intentionally omitted.§ A.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate.Intentionally omitted.§ A.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate.Intentionally omitted.PAGE 6[ X ]§ A.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section A.2.3, which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3. The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. The Contractor shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below:…[ ]§ A.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property.Intentionally omitted.[ ]§ A.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials.Intentionally omitted. PAGE 7[ X ]§ A.3.3.2.6 Other Insurance…Contractor shall include Umbrella Liability insurance. The Umbrella insurance coverage shall be triggered upon the exhaustion of the General Liability Auto or Employer’s Liability policies. $10,000,000.00 per occurrence and aggregate.…Payment Bond 100% of Contract ValuePerformance Bond 100% of Contract ValueMaintenance Bond at Substantial Completion2 ½ % of Final Contract Value
Document A201® – 2017General Conditions of the Contract for Construction
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)1
ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions.
for the following PROJECT:(Name and location or address)Villager Apartments3810 Southern Avenue SE Washington, DC 20020 THE OWNER:(Name, legal status and address)District of Columbia Housing Authority 300 7th St. SW10th Floor Washington, DC 20024 THE ARCHITECT:(Name, legal status and address)AMAR Group LLC 6230 3rd Street, NWSuite 4Washington, DC TABLE OF ARTICLES1 GENERAL PROVISIONS2 OWNER3 CONTRACTOR4 ARCHITECT5 SUBCONTRACTORS6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS7 CHANGES IN THE WORK8 TIME9 PAYMENTS AND COMPLETION10 PROTECTION OF PERSONS AND PROPERTY11 INSURANCE AND BONDS12 UNCOVERING AND CORRECTION OF WORK13 MISCELLANEOUS PROVISIONS
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)2
14 TERMINATION OR SUSPENSION OF THE CONTRACT15 CLAIMS AND DISPUTES
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)3
INDEX(Topics and numbers in bold are Section headings.)Acceptance of Nonconforming Work9.6.6, 9.9.3, 12.3Acceptance of Work9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3Access to Work3.16, 6.2.1, 12.1Accident Prevention10Acts and Omissions3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2Addenda1.1.1Additional Costs, Claims for3.7.4, 3.7.5, 10.3.2, 15.1.5Additional Inspections and Testing9.4.2, 9.8.3, 12.2.1, 13.4Additional Time, Claims for3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6Administration of the Contract3.1.3, 4.2, 9.4, 9.5Advertisement or Invitation to Bid1.1.1Aesthetic Effect4.2.13Allowances3.8Applications for Payment4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10Approvals2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1Arbitration8.3.1, 15.3.2, 15.4 ARCHITECT4Architect, Definition of4.1.1Architect, Extent of Authority2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1Architect, Limitations of Authority and Responsibility2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2Architect’s Additional Services and Expenses2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4Architect’s Administration of the Contract3.1.3, 3.7.4, 15.2, 9.4.1, 9.5Architect’s Approvals2.5, 3.1.3, 3.5, 3.10.2, 4.2.7
Architect’s Authority to Reject Work3.5, 4.2.6, 12.1.2, 12.2.1Architect’s Copyright1.1.7, 1.5Architect’s Decisions3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2Architect’s Inspections3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4Architect’s Instructions3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2Architect’s Interpretations4.2.11, 4.2.12Architect’s Project Representative4.2.10Architect’s Relationship with Contractor1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2Architect’s Relationship with Subcontractors1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3Architect’s Representations9.4.2, 9.5.1, 9.10.1Architect’s Site Visits3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4Asbestos10.3.1Attorneys’ Fees3.18.1, 9.6.8, 9.10.2, 10.3.3Award of Separate Contracts6.1.1, 6.1.2Award of Subcontracts and Other Contracts for Portions of the Work5.2Basic Definitions1.1Bidding Requirements1.1.1Binding Dispute Resolution8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1Bonds, Lien7.3.4.4, 9.6.8, 9.10.2, 9.10.3Bonds, Performance, and Payment7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5Building Information Models Use and Reliance1.8Building Permit3.7.1Capitalization1.3Certificate of Substantial Completion9.8.3, 9.8.4, 9.8.5
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)4
Certificates for Payment4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4Certificates of Inspection, Testing or Approval13.4.4Certificates of Insurance9.10.2Change Orders1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2Change Orders, Definition of7.2.1CHANGES IN THE WORK2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5Claims, Definition of15.1.1Claims, Notice of1.6.2, 15.1.3CLAIMS AND DISPUTES3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4Claims and Timely Assertion of Claims15.4.1Claims for Additional Cost3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5Claims for Additional Time3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6Concealed or Unknown Conditions, Claims for3.7.4Claims for Damages3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7Claims Subject to Arbitration15.4.1Cleaning Up3.15, 6.3Commencement of the Work, Conditions Relating to2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5Commencement of the Work, Definition of8.1.2Communications3.9.1, 4.2.4Completion, Conditions Relating to3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2COMPLETION, PAYMENTS AND9Completion, Substantial3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2Compliance with Laws2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3
Concealed or Unknown Conditions3.7.4, 4.2.8, 8.3.1, 10.3Conditions of the Contract1.1.1, 6.1.1, 6.1.4Consent, Written3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2Consolidation or Joinder15.4.4CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS1.1.4, 6Construction Change Directive, Definition of7.3.1Construction Change Directives1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1Construction Schedules, Contractor’s3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2Contingent Assignment of Subcontracts5.4, 14.2.2.2Continuing Contract Performance15.1.4Contract, Definition of1.1.2CONTRACT, TERMINATION OR SUSPENSION OF THE5.4.1.1, 5.4.2, 11.5, 14Contract Administration3.1.3, 4, 9.4, 9.5Contract Award and Execution, Conditions Relating to3.7.1, 3.10, 5.2, 6.1Contract Documents, Copies Furnished and Use of1.5.2, 2.3.6, 5.3Contract Documents, Definition of1.1.1Contract Sum2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5Contract Sum, Definition of9.1Contract Time1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5Contract Time, Definition of8.1.1CONTRACTOR3Contractor, Definition of3.1, 6.1.2Contractor’s Construction and Submittal Schedules3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)5
Contractor’s Employees2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1Contractor’s Liability Insurance11.1Contractor’s Relationship with Separate Contractors and Owner’s Forces3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4Contractor’s Relationship with Subcontractors1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4Contractor’s Relationship with the Architect1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1Contractor’s Representations3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2Contractor’s Responsibility for Those Performing the Work3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8Contractor’s Review of Contract Documents3.2Contractor’s Right to Stop the Work2.2.2, 9.7Contractor’s Right to Terminate the Contract14.1Contractor’s Submittals3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3Contractor’s Superintendent3.9, 10.2.6Contractor’s Supervision and Construction Procedures1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4Coordination and Correlation1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1Copies Furnished of Drawings and Specifications1.5, 2.3.6, 3.11Copyrights1.5, 3.17Correction of Work2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1Correlation and Intent of the Contract Documents1.2Cost, Definition of7.3.4Costs2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14Cutting and Patching3.14, 6.2.5
Damage to Construction of Owner or Separate Contractors3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4Damage to the Work3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4Damages, Claims for3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7Damages for Delay6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2Date of Commencement of the Work, Definition of8.1.2Date of Substantial Completion, Definition of8.1.3Day, Definition of8.1.4Decisions of the Architect3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2Decisions to Withhold Certification9.4.1, 9.5, 9.7, 14.1.1.3Defective or Nonconforming Work, Acceptance, Rejection and Correction of2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1Definitions1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1Delays and Extensions of Time3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5Digital Data Use and Transmission1.7Disputes6.3, 7.3.9, 15.1, 15.2Documents and Samples at the Site3.11Drawings, Definition of1.1.5Drawings and Specifications, Use and Ownership of3.11Effective Date of Insurance8.2.2Emergencies10.4, 14.1.1.2, 15.1.5Employees, Contractor’s3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1Equipment, Labor, or Materials1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2Execution and Progress of the Work1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)6
Extensions of Time3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5Failure of Payment9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2Faulty Work(See Defective or Nonconforming Work)Final Completion and Final Payment4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3Financial Arrangements, Owner’s2.2.1, 13.2.2, 14.1.1.4GENERAL PROVISIONS1Governing Law13.1Guarantees (See Warranty)Hazardous Materials and Substances10.2.4, 10.3Identification of Subcontractors and Suppliers5.2.1Indemnification3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3Information and Services Required of the Owner2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4Initial Decision15.2Initial Decision Maker, Definition of1.1.8Initial Decision Maker, Decisions14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5Initial Decision Maker, Extent of Authority14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5Injury or Damage to Person or Property10.2.8, 10.4Inspections3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4Instructions to Bidders1.1.1Instructions to the Contractor3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2Instruments of Service, Definition of1.1.7Insurance6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11Insurance, Notice of Cancellation or Expiration11.1.4, 11.2.3Insurance, Contractor’s Liability11.1Insurance, Effective Date of8.2.2, 14.4.2Insurance, Owner’s Liability11.2Insurance, Property10.2.5, 11.2, 11.4, 11.5
Insurance, Stored Materials9.3.2INSURANCE AND BONDS11Insurance Companies, Consent to Partial Occupancy9.9.1Insured loss, Adjustment and Settlement of11.5Intent of the Contract Documents1.2.1, 4.2.7, 4.2.12, 4.2.13Interest13.5Interpretation1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1Interpretations, Written4.2.11, 4.2.12Judgment on Final Award15.4.2Labor and Materials, Equipment1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2Labor Disputes8.3.1Laws and Regulations1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4Liens2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8Limitations, Statutes of12.2.5, 15.1.2, 15.4.1.1Limitations of Liability3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1Limitations of Time2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5Materials, Hazardous10.2.4, 10.3Materials, Labor, Equipment and1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2Means, Methods, Techniques, Sequences and Procedures of Construction3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2Mechanic’s Lien2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8Mediation8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1Minor Changes in the Work1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)7
MISCELLANEOUS PROVISIONS13Modifications, Definition of1.1.1Modifications to the Contract1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2Mutual Responsibility6.2Nonconforming Work, Acceptance of9.6.6, 9.9.3, 12.3Nonconforming Work, Rejection and Correction of2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2Notice1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1Notice of Cancellation or Expiration of Insurance11.1.4, 11.2.3Notice of Claims1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1Notice of Testing and Inspections13.4.1, 13.4.2Observations, Contractor’s3.2, 3.7.4Occupancy2.3.1, 9.6.6, 9.8Orders, Written1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1OWNER2Owner, Definition of2.1.1Owner, Evidence of Financial Arrangements2.2, 13.2.2, 14.1.1.4Owner, Information and Services Required of the2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4Owner’s Authority1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7Owner’s Insurance11.2Owner’s Relationship with Subcontractors1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2Owner’s Right to Carry Out the Work2.5, 14.2.2
Owner’s Right to Clean Up6.3Owner’s Right to Perform Construction and to Award Separate Contracts6.1Owner’s Right to Stop the Work2.4Owner’s Right to Suspend the Work14.3Owner’s Right to Terminate the Contract14.2, 14.4Ownership and Use of Drawings, Specifications and Other Instruments of Service1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3Partial Occupancy or Use9.6.6, 9.9Patching, Cutting and3.14, 6.2.5Patents3.17Payment, Applications for4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3Payment, Certificates for4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4Payment, Failure of9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2Payment, Final4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3Payment Bond, Performance Bond and7.3.4.4, 9.6.7, 9.10.3, 11.1.2Payments, Progress9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4PAYMENTS AND COMPLETION9Payments to Subcontractors5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2PCB10.3.1Performance Bond and Payment Bond7.3.4.4, 9.6.7, 9.10.3, 11.1.2Permits, Fees, Notices and Compliance with Laws2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2PERSONS AND PROPERTY, PROTECTION OF10Polychlorinated Biphenyl10.3.1Product Data, Definition of3.12.2Product Data and Samples, Shop Drawings3.11, 3.12, 4.2.7Progress and Completion4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4Progress Payments9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)8
Project, Definition of1.1.4Project Representatives4.2.10Property Insurance10.2.5, 11.2Proposal Requirements1.1.1PROTECTION OF PERSONS AND PROPERTY10Regulations and Laws1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4Rejection of Work4.2.6, 12.2.1Releases and Waivers of Liens9.3.1, 9.10.2Representations3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1Representatives2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1Responsibility for Those Performing the Work3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10Retainage9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3Review of Contract Documents and Field Conditions by Contractor3.2, 3.12.7, 6.1.3Review of Contractor’s Submittals by Owner and Architect3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2Review of Shop Drawings, Product Data and Samples by Contractor3.12Rights and Remedies1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4Royalties, Patents and Copyrights3.17Rules and Notices for Arbitration15.4.1Safety of Persons and Property10.2, 10.4Safety Precautions and Programs3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4Samples, Definition of3.12.3Samples, Shop Drawings, Product Data and3.11, 3.12, 4.2.7Samples at the Site, Documents and3.11Schedule of Values9.2, 9.3.1Schedules, Construction3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2
Separate Contracts and Contractors1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2Separate Contractors, Definition of6.1.1Shop Drawings, Definition of3.12.1Shop Drawings, Product Data and Samples3.11, 3.12, 4.2.7Site, Use of3.13, 6.1.1, 6.2.1Site Inspections3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4Site Visits, Architect’s3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4Special Inspections and Testing4.2.6, 12.2.1, 13.4Specifications, Definition of1.1.6Specifications1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14Statute of Limitations15.1.2, 15.4.1.1Stopping the Work2.2.2, 2.4, 9.7, 10.3, 14.1Stored Materials6.2.1, 9.3.2, 10.2.1.2, 10.2.4Subcontractor, Definition of5.1.1SUBCONTRACTORS5Subcontractors, Work by1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7Subcontractual Relations5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1Submittals3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3Submittal Schedule3.10.2, 3.12.5, 4.2.7Subrogation, Waivers of6.1.1, 11.3Substances, Hazardous10.3Substantial Completion4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2Substantial Completion, Definition of9.8.1Substitution of Subcontractors5.2.3, 5.2.4Substitution of Architect2.3.3Substitutions of Materials3.4.2, 3.5, 7.3.8Sub-subcontractor, Definition of5.1.2
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)9
Subsurface Conditions3.7.4Successors and Assigns13.2Superintendent3.9, 10.2.6Supervision and Construction Procedures1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4Suppliers1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1Surety5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7Surety, Consent of9.8.5, 9.10.2, 9.10.3Surveys1.1.7, 2.3.4Suspension by the Owner for Convenience14.3Suspension of the Work3.7.5, 5.4.2, 14.3Suspension or Termination of the Contract5.4.1.1, 14Taxes3.6, 3.8.2.1, 7.3.4.4Termination by the Contractor14.1, 15.1.7Termination by the Owner for Cause5.4.1.1, 14.2, 15.1.7Termination by the Owner for Convenience14.4Termination of the Architect2.3.3Termination of the Contractor Employment14.2.2TERMINATION OR SUSPENSION OF THE CONTRACT14Tests and Inspections3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4TIME8Time, Delays and Extensions of3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5
Time Limits2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4Time Limits on Claims3.7.4, 10.2.8, 15.1.2, 15.1.3Title to Work9.3.2, 9.3.3UNCOVERING AND CORRECTION OF WORK12Uncovering of Work12.1Unforeseen Conditions, Concealed or Unknown3.7.4, 8.3.1, 10.3Unit Prices7.3.3.2, 9.1.2Use of Documents1.1.1, 1.5, 2.3.6, 3.12.6, 5.3Use of Site3.13, 6.1.1, 6.2.1Values, Schedule of9.2, 9.3.1Waiver of Claims by the Architect13.3.2Waiver of Claims by the Contractor9.10.5, 13.3.2, 15.1.7Waiver of Claims by the Owner9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7Waiver of Consequential Damages14.2.4, 15.1.7Waiver of Liens9.3, 9.10.2, 9.10.4Waivers of Subrogation6.1.1, 11.3Warranty3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2Weather Delays8.3, 15.1.6.2Work, Definition of1.1.3Written Consent1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2Written Interpretations4.2.11, 4.2.12Written Orders1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)10
ARTICLE 1 GENERAL PROVISIONS§ 1.1 Basic Definitions§ 1.1.1 The Contract DocumentsThe Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements.§ 1.1.2 The ContractThe Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties.§ 1.1.3 The WorkThe term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The work may constitute the whole or a part of the Project.§ 1.1.4 The ProjectThe Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors.§ 1.1.5 The DrawingsThe Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.§ 1.1.6 The SpecificationsThe Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.§ 1.1.7 Instruments of ServiceInstruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.§ 1.1.8 Initial Decision MakerThe Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith.§ 1.2 Correlation and Intent of the Contract Documents§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)11
§ 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract.§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.§ 1.3 CapitalizationTerms capitalized in these General Conditions include those that are (1) specifically defined in the Contract Documents, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects.§ 1.4 InterpretationIn the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.§ 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service§ 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights.§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants.§ 1.6 Notice§ 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission.§ 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery.(Paragraphs deleted)ARTICLE 2 OWNER§ 2.1 General§ 2.1.1 The Owner is the entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Any change in the designation of the Owner’s Representative shall also be in writing and shall be issued promptly. Except as
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)12
otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative.§ 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein.§ 2.2 Evidence of the Owner’s Financial Arrangements§ 2.2.1 Prior to commencement of the Work and thereafter, upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence, including, but not limited to draw schedules from the Owner’s lender’s building loan agreement, or similar evidence that the Owner has made sufficient financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately.§ 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. If the Owner fails to provide such evidence, as requested, within twenty (21) days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents.§ 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.§ 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information.§ 2.3 Information and Services Required of the Owner§ 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities.§ 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number.§ 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect.§ 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.§ 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)13
relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services.§ 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.§ 2.4 Owner’s Right to Stop the WorkIf the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to correct said item. If Contractor fails to correct such item within fourteen (14) days from the date of Owner’s written notice to Contractor, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.§ 2.5 Owner’s Right to Carry Out the WorkIf the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a fourteen (14) day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15.ARTICLE 3 CONTRACTOR§ 3.1 General§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative.§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.§ 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.§ 3.2 Review of Contract Documents and Field Conditions by Contractor§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Nothing herein shall be construed to be a representation that Contractor is familiar with conditions which would normally require extensive or detailed testing in order for discovery of such conditions to occur, such as, but not limited to, subsoil or subsurface conditions not apparent without detailed soil boring, engineering or other tests, which shall remain the responsibility of the Owner.§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)14
review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Notwithstanding anything to the contrary contained herein, the Contractor shall not be liable or responsible for any design defects contained in the Drawings, Specifications and other documents prepared by the Architect or other design professionals retained by the Owner, nor shall Contractor be liable or responsible for reviewing or verifying the compliance of such design or the compliance of equipment or materials called for by the Drawings, Specifications and other documents prepared by the Architect or other design professionals retained by the Owner with applicable laws and building codes. Contractor will endeavor to inform Owner of any inconsistencies between contract documents, and applicable laws and building codes to the extent of the Contractor’s knowledge of any such conflicts. Unless required by the Drawings and Specifications, nothing herein shall require Contractor to perform testing, design and/or exploratory work.§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require.§ 3.2.4 The Contractor shall not proceed with any Work not clearly and consistently defined in detail in the Contract Documents, but shall request additional drawings or instructions from the Architect. If the Contractor proceeds with such Work without obtaining further drawings or instructions, it shall at its own expense correct Work incorrectly done and shall be liable to the Owner for any other damages resulting from Contractor having incorrectly proceeded with the Work.§ 3.3 Supervision and Construction Procedures§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work, only upon receipt of written approval from the Owner, using its alternative means, methods, techniques, sequences, or procedures. Contractor shall be entitled to a Change Order for additional time to achieve Substantial Completion in the event of any delay occasioned by the pendency of such instructions and directions that interrupt the orderly process of the Work. If the Contractor is instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures.§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.§ 3.3.4 The Contractor shall conduct bi-weekly job meetings (and such other meetings as may be requested from time to time by Owner or Architect) with the Architect and such other persons as the Architect or Owner may from time to time wish to have present. The Contractor shall be represented by its project superintendent and/or project manager, or other authorized main office representative if requested by the Owner or Architect. An authorized representative of any Subcontractor or Sub-subcontractor shall attend such meetings if the presence of such representative is requested by the Architect or Owner. Such representatives shall be empowered to make binding commitments on all matters to be discussed at such meetings, including costs, payments, change orders, time schedules, and manpower. Any notices required under the Contract Documents may be served on such representatives.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)15
§ 3.4 Labor and Materials§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.§ 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive.§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.§ 3.5 Warranty§ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.§ 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4.§ 3.5.3 Contractor shall provide its process and procedures for reporting warranty claims to the Owner within 10 days of final Certificate of Substantial Completion.§ 3.5.4 As a condition precedent to Final Payment, The Contractor shall procure and deliver to the Architect for transmittal to the Owner, bound together with a Table of Contents thereto, one set of all warranties required by the Contract Documents or applicable to the Work, endorsed by the Contractor and assigned to the Owner for the benefit of the Owner and its successors and assignees (including Owner’s Lenders). Delivery of the same by the Contractor shall constitute the Contractor’s guarantee to the Owner that the warranty(s) conform to the Contract Documents and that the Contractor has performed the Work in accordance with the manufacturer’s written instructions. The delivery, endorsement or assignment of such warranties shall not release Contractor from obligations pursuant to the Contract Documents. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes and tariffs applicable for materials for the Work provided by the Contractor that are legally enacted as of December 31st, 2024. Any increase in costs of materials resulting from sales, consumer, use, or similar taxes and/or tariffs enacted after December 31st, 2024, and documented by Contractor (or subcontractor), shall entitle the Contractor to an adjustment of the Contract Sum for the amount of the cost differential (delta) exceeding 10% via Change Order, based on supporting documentation provided by the Contractor. Any increase in the Contract Sum pursuant to this Section shall not be in addition to any increase in the Contract Sum pursuant to Section 7.5. § 3.7 Permits, Fees, Notices and Compliance with Laws§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for trade permits and licenses necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time Subcontractors and Suppliers bids are received or negotiations concluded. The Owner shall secure and pay for the building permits, site and public space approvals required to operate and enter the site as well as, if required, neighbor(s) approvals and other permits and fees not specifically required of the Contractor. The Contractor is responsible to call for and coordinate all inspections but excludes all cost and requesting of final Certificates of Occupancy.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)16
§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work.§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.§ 3.7.4 Concealed or Unknown ConditionsIf the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than twenty-one (21) days after first observance of the conditions. The Architect will promptly, or within fourteen (14) days, investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. The presence of hazardous materials, only when previously undisclosed, shall be deemed to be a concealed and/or unknown condition, subject to an equitable adjustment in the Contract Sum and Contract Time.§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15.§ 3.8 Allowances§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.§ 3.8.2 Unless otherwise provided in the Contract Documents,.1allowances shall cover the cost to the Contractor for labor, and for materials and equipment delivered at the site and all required taxes, less applicable trade discounts;.2Contractor’s costs for overhead, and profit shall be included in the Contract Sum but not in the allowances; and.3whenever costs are more than or less than allowances, including but not limited to additional time required to evaluate and price new design criteria that may be presented, the Contract Sum and Time, including related General Requirements, shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.§ 3.8.3 Decisions regarding scope of work, materials and equipment under an allowance shall be made by the Owner with reasonable promptness provided, however, that the Owner and Contractor shall meet within thirty (30) days following Notice to Proceed to establish reasonable dates by which such decisions must be made, including coordination with Architect and his consultants where required for final design. Contractor shall be entitled to an adjustment in the Contract Sum and Contract Time, including cost for related General Requirements, in the event of any delay in the pendency of selections or completed design.
Init.
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AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The
American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for
resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations,
e-mail docinfo@aiacontracts.com.
User Notes: (1161910092)
17
§ 3.9 Superintendent
§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at
the Project site during performance of the Work. The superintendent shall represent the Contractor and subcontractors,
and communications given to the superintendent in writing shall be as binding as if given to the Contractor.
§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the
name and qualifications of a proposed superintendent. Within fourteen (14) days of receipt of the information, the
Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the
proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the
14-day period shall constitute notice of no reasonable objection.
§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made
reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent,
which shall not unreasonably be withheld, conditioned or delayed.
§ 3.10 Contractor’s Construction and Submittal Schedules
§ 3.10.1 The Contractor shall, within thirty (30) days of Notice to Proceed, prepare and submit for the Owner’s and the
Architect’s information, a final Contractor’s construction schedule for the Work. The schedule shall contain detail
appropriate for the Project, including (1) the date of commencement of the Work, Contractor’s good faith estimates of
milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity;
and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly
progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The
schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. Although
Contractor shall use its best efforts, no financial liability shall attach for failure to meet milestones established by such
schedule unless express milestone dates are incorporated as part of the Contract Documents by a special exhibit that
both Owner and Contractor have signed. The date by which the Contractor must achieve Substantial Completion shall
not be extended unless by Change Order.
§ 3.10.2 The Contractor, in conjunction with the construction schedule referenced in 3.10.1, shall submit a submittal
schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The
submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect
reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide
submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in
Contract Sum or extension of Contract Time based on the time required for review of submittals.
§ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the
Owner and Architect.
§ 3.11 Documents and Samples at the Site
The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders,
Construction Change Directives, and other Modifications, in good order and marked currently to indicate field
changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and
similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and
delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as
constructed. Failure of Contractor to maintain full and complete record drawings at the site shall be a default for
which Architect shall be entitled to withhold certification of Applications for Payment.
§ 3.12 Shop Drawings, Product Data and Samples
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the
Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of
the Work.
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and
other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)18
§ 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged.§ 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action.§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors.§ 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect.§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof.§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions.§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law.§ 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract
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Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents.§ 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect.§ 3.13 Use of SiteThe Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. The site shall be maintained in a safe and orderly condition at all times. Contractor shall take reasonably necessary steps to prevent unauthorized access to the Work areas, including but not limited to, posting appropriate danger signs and other warning against hazards, and erecting and maintaining adequate fencing and lights in areas where the Work is in progress. § 3.14 Cutting and Patching§ 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents.§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work.§ 3.15 Cleaning Up§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project, and shall completely clean the site, removing and disposing of all construction-related debris and rubbish, and cleaning all Work-related stains, spots, marks, dirt, mortar smears, plaster smears, paint smears, caulking smears, and other foreign materials from exposed surfaces inside and outside the buildings, so that all such surfaces, including all glass and metals, are clean and in "as good as new" condition.§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to a Change Order which reduces the Contract Sum by an amount equal to Owner’s cost.§ 3.16 Access to WorkThe Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located.(Paragraphs deleted)§ 3.17 Intentionally omitted.§ 3.18 Indemnification§ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)20
§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts.§ 3.18.3 DCHA shall not be obligated to commit or expend funds in excess or in advance of appropriations in accordance with the (i) the federal Anti-Deficiency Act, 31 U.S.C § 1341, 1342, 1349, 1351; (ii) the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01-355.08; (iii) D.C. Code § 47-105; and (iv) D.C. Official Code § 1-204.46, as the foregoing statutes may be amended from time to time, regardless of whether a particular obligation has been expressly so conditioned. In addition, any DCHA legal liability hereunder shall be limited to eligible non-public housing assets (assets not subject to any Declaration of Trust and not acquired or merged with assets acquired with public housing funding under the United States Housing Act of 1937).ARTICLE 4 ARCHITECT§ 4.1 General§ 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. The Architect’s designated representative attending requisition meetings shall have the authority to execute Certificates for Payment, Change Orders, and any other documents necessary for the performance of the Work.§ 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld.§ 4.2 Administration of the Contract§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.§ 4.2.2 The Architect will visit the site at a minimum of 1 visit per month and additional visits during walks and punch lists in intervals appropriate to the stage of construction, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents.§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work.§ 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols.§ 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)21
§ 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness, but not later than fourteen (14) days, while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.§ 4.2.8 The Architect will prepare Proposal Requests, Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10.§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives.§ 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith.§ 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents.§ 4.2.14 The Architect will review and respond to requests for information (RFI) about the Contract Documents. The Architect’s response to such requests will be made in writing within fourteen (14) days. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.ARTICLE 5 SUBCONTRACTORS§ 5.1 Definitions§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)22
and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor.§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.§ 5.2 Award of Subcontracts and Other Contracts for Portions of the Work§ 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after acceptance of Notice to Proceed, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within fourteen (14) days of receipt of the information, the Architect and/or Owner may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Owner or Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection.§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. For tiered sub-contracting there will be a max of 3 subcontractors.§ 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. An objection by the Owner or Architect shall not be considered reasonable in those situations where the Contractor has determined that the original Subcontractor lacks financial viability, cannot meet construction schedules or produces inferior or substandard work.§ 5.3 Subcontractual RelationsBy appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.§ 5.4 Contingent Assignment of Subcontracts§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that.1assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and.2assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)23
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract, and the Contractor shall be relieved and released from all obligations under said subcontract agreement for all Work performed by the Subcontractor from and after the date the assignment of such subcontract agreement becomes effective. Upon assignment of any subcontract, the Subcontractor shall look solely to the Owner for subsequent performance.§ 5.4.2 Omitted. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract.ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS§ 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts§ 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. The Owner shall indemnify and hold harmless the Contractor from and against any damage to the Contractor or the Work caused by improper work, negligence or delay of the Owner and/or of any of the Owner’s Separate Contractors. Contractor shall notify Owner of any such Claim in writing in accordance with Article 15.§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement.§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised.§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12.§ 6.2 Mutual Responsibility§ 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents.§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent.§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)24
responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction.§ 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5.§ 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14.§ 6.3 Owner’s Right to Clean UpIf a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible.ARTICLE 7 CHANGES IN THE WORK§ 7.1 General§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone.§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work.§ 7.2 Change Orders§ 7.2.1 A Change Order is a written instrument prepared by the Architect or Contractor and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following:.1The change in the Work;.2The amount of the adjustment, if any, in the Contract Sum; and.3The extent of the adjustment, if any, in the Contract Time.§ 7.3 Construction Change Directives§ 7.3.1 A Construction Change Directive is a written order (AIA G714 – 2017) prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly.§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms or cost of a Change Order.§ 7.3.3 A Construction Change Directive shall provide for an adjustment to the Contract Sum based on one of the following methods plus Contractor’s Fee:.1Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;.2Unit prices stated in the Contract Documents or subsequently agreed upon;.3Cost to be determined in a manner agreed upon by the parties; or.4As provided in Section 7.3.4.§ 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)25
profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following:.1Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Architect;.2Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed;.3Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others;.4Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and.5Costs of supervision and field office personnel directly attributable to the change including personnel required to monitor and track time and materials for the applicable Construction Change Directive.§ 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15.§ 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.§ 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Owner shall make progress payments to Contractor for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect or Contractor will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive.§ 7.4 Minor Changes in the WorkThe Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time.§ 7.5 Price Escalation for Materials and Labor
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)26
§ 7.5.1 The Contract Sum is based on the cost of materials, labor, and equipment as of December 31st, 2024. In the event of an increase in the cost of materials that is significant and beyond the reasonable control of the Contractor, the Contractor may be entitled to an adjustment to the Contract Sum pursuant to this Section.§ 7.5.2 A "significant increase" shall mean a price increase of materials of greater than 10% for any individual material, as measured against the pricing in effect as of December 31st, 2024. Price changes shall be substantiated by actual supplier’s quotations, and as of the date of procurement.§ 7.5.3 The Contractor shall give the Owner written notice of any such increase within ten (10) days after the Contractor becomes aware of the increase. The notice shall include (1) a description of the affected materials, (2) documentation of the price differential, (3) evidence of timely submittal, approval and procurement, and (4) the proposed adjustment to the Contract Sum.§ 7.5.4 Upon receipt of such notice, the Owner shall have ten (10) days to respond in writing. If the Owner disputes the proposed adjustment, the matter shall be resolved pursuant to the provisions of this Agreement governing Claims and Disputes.§ 7.5.5 Any increase to the Contract Sum under this Section shall be limited to the portion of the Work yet to be performed as of the date of notice and shall only be for the actual cost of material increase without any mark-up greater than 10% as of December 31st, 2024. Price increases attributable to delays caused by the Contractor shall be exempted from this clause.[PARTIES TO REVISIT PRIOR TO EXECUTION]ARTICLE 8 TIME§ 8.1 Definitions§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work.§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.§ 8.2 Progress and Completion§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work.§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic’s liens and other security interests.§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.§ 8.3 Delays and Extensions of Time§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) Force Majeure as defined in § 8.3.1.1; (2) negligent acts or omissions of the Owner or Architect, of an employee or agent of either, or of a Separate Contractor; (3) by changes ordered in the Work; (4) by labor disputes, strikes, lack of materials, fire, delays in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (5) by delay authorized by the Owner pending mediation and binding dispute resolution; or (6) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time and Contract Sum shall be modified by Change Order for such reasonable time that the critical path of the Work was impacted. Contractor further acknowledges and agrees that adjustments in the Contract Time and Contract Sum will be permitted for a delay only to the extent such delay is not caused by its own acts or omissions.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)27
§ 8.3.1.1 Force Majeure shall mean delays in the Work caused by (i) acts of God; (ii) acts of public enemy; (iii) orders of any kind from the government of the United States or any department, agency, political subdivision, local government or official office of any of them, or any civil or military authority, provided such order is not the result of the Contractor’s negligence or failure to comply with all applicable laws, ordinances and regulations; or (iv) severe and unusual weather conditions impacting the Work on the Project. The Contractor must give notice to the Owner of the occurrence of any Force Majeure event that may give rise to a delay in Substantial Completion promptly but within 21 days of such event. The Contractor shall use all diligence in attempting to overcome or lessen the impact of the event and shall keep the Owner informed of its progress in mitigating the effects of any such Force Majeure event.§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents.ARTICLE 9 PAYMENTS AND COMPLETION§ 9.1 Contract Sum§ 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.§ 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.§ 9.2 Schedule of ValuesThe Schedule of Values is a detailed schedule allocating the entire Contract Sum among cost divisions and / or the various portions of the Work. The Schedule of Values is hereby established pursuant to Exhibit H. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. The Contractor may, from time to time, provide and / or expand detailed breakdown supporting the Schedule of Values line items for the purpose of facilitating the Applications for Payment review process. Change Orders shall be listed separately and shall be added at the end of the Schedule of Values in numerical order.§ 9.3 Applications for Payment§ 9.3.1 At least four (4) days before the date established for each requisition meeting to review and process the Applications for Payment, the Contractor shall submit to the Architect an itemized pencil copy Application for Payment prepared in accordance with the Schedule of Values, if required under Section 9.2, for completed portions of the Work. Architect and Owner shall furnish any comments on the pencil copy Application promptly. The provision of or absence of comments from Architect and Owner on a pencil copy Application shall not prejudice any rights that the Architect and Owner may have regarding the review and approval of a notarized Application for Payment. The notarized Application for Payment in accordance with Section 12.1.4 of the Agreement shall be submitted prior to and reviewed at the schedule requisition meeting. If the Application for Payment is free of comments or error, Architect shall execute the notarized copy which Owner shall then submit to lenders for processing within 24 hours. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders.§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay.§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage,
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)28
and transportation to the site, for such materials and equipment stored off the site. To approve payments on materials stored offsite, proof of material purchase must be provided with the pay application (photos of materials, proof of materials being stored in a bonded warehouse, invoices, receipts, etc.).§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work.§ 9.3.4 Each Application for Payment shall be accompanied by a duly executed, conditional waiver of liens from Contractor for all amounts included in such Application for Payment. Duly executed, unconditional waivers of liens from Contractor and each Subcontractor for any amounts previously paid shall be provided within ten (10) days of receipt of payment. All such lien waivers shall be in a form as may be mutually acceptable to the parties.§ 9.3.5 Provided the Contractor has been paid for the Work, in the event a lien is filed or claimed against the Work by any Subcontractor, Sub-subcontractor, laborer or supplier of materials, the Contractor agrees immediately to bond such lien or to cause such lien to be discharged. If the Contractor shall fail to do so, the Owner may, at its option and at the expense of Contractor, bond such lien or cause it to be discharged.§ 9.3.6 Unless the Contractor asserts in writing in the Application for Payment that an unpaid claim of a Subcontractor, Sub-subcontractor, laborer or materialman is in dispute as to the amount owed, the Contractor shall have an obligation to bond over any such lien filed.§ 9.4 Certificates for Payment§ 9.4.1 The Architect will, after receipt of the Contractor’s Application for Payment, visit the site and review the pencil copy prior to the meeting and either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1.§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.§ 9.5 Decisions to Withhold Certification§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)29
may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of.1defective Work not remedied;.2third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor;.3failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment, unless Contractor provides written justification for withholding of payment;.4reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;.5damage to the Owner or a Separate Contractor not covered by insurance;.6reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or.7repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15.§ 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld.§ 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may only withhold a portion of payment due to Contractor for Work properly performed or material or equipment suitably delivered by Subcontractor or Supplier. Owner shall not issue or make payments by joint check to any Subcontractor or Supplier.§ 9.6 Progress Payments§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. The Contractor may request in writing that the Owner provide reasonable evidence that the Owner has forwarded the approved Certificate for Payment to the lenders for processing in order to facilitate payment within the time agreed.§ 9.6.2 The Contractor shall pay each Subcontractor, no later than then (10) days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. Reduction of retainage for each Subcontractor shall be in accordance with individual agreements executed with each Subcontractor.§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor.§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4.§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)30
liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.§ 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted.§ 9.7 Failure of PaymentIf the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within fourteen (14) days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven (7) additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents.§ 9.8 Substantial Completion§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can seek the necessary approvals and/or licensing to occupy or utilize the Work.§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees in writing to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.§ 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion.§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate which are identified as non-conforming, defective and incomplete. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.§ 9.8.5 The Certificate of Substantial Completion (AIA G704 - 2017) shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the retainage shall be reduced in accordance with Section 5.1.7.2 of the A101 Contract. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.§ 9.9 Partial Occupancy or Use§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)31
the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.§ 9.10 Final Completion and Final Payment§ 9.10.1 Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled.§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees.§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from.1liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled;.2failure of the Work to comply with the requirements of the Contract Documents; .3terms of special warranties required by the Contract Documents; or.4audits performed by the Owner, if permitted by the Contract Documents, after final payment.§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)32
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY§ 10.1 Safety Precautions and ProgramsThe Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract.§ 10.2 Safety of Persons and Property§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to.1employees on the Work and other persons who may be affected thereby;.2the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and.3other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.§ 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss.§ 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards.§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18.§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect.§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition.§ 10.2.8 Injury or Damage to Person or PropertyIf either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.§ 10.3 Hazardous Materials and Substances§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if, in the sole judgment of the Contractor reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)33
but not limited to asbestos, lead paint or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition in writing.§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up.§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1, has not been disclosed to the Contractor, and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. Contractor warrants that it shall not bring, or cause or allow to be released, any hazardous materials or substances on the site unless such materials or substances are required by the Contract Documents. In the event that such materials or substances are required by the Contract Documents, Contractor shall comply with all applicable laws and regulations and shall follow appropriate safety procedures in handling such materials or substances. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from a breach of the warranty in the preceding sentences except to the extent that such damages, loss or expense is due to the fault or negligence of the party seeking indemnity or the fault or negligence of a third-party (excepting Subcontractors and Sub-subcontractors). § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence.§ 10.3.6 If, without negligence or fault on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred.§ 10.4 EmergenciesIn an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)34
ARTICLE 11 INSURANCE AND BONDS§ 11.1 Contractor’s Insurance and Bonds§ 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents.§ 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.§ 11.1.3 Upon the written request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall evaluate and if confirmed shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.§ 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage.§ 11.2 Owner’s Insurance§ 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto.§ 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)35
§ 11.3 Waivers of Subrogation§ 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property.§ 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance.§ 11.4 Loss of Use, Business Interruption, and Delay in Completion InsuranceThe Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused.§11.5 Adjustment and Settlement of Insured Loss§ 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner.§ 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work.ARTICLE 12 UNCOVERING AND CORRECTION OF WORK§ 12.1 Uncovering of Work§ 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)36
Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense unless the condition was caused by the Owner or a Separate Contractor in which event the Owner shall be responsible for payment of such costs.§ 12.2 Correction of Work§ 12.2.1 Before Substantial CompletionThe Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense.§ 12.2.2 After Substantial Completion§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5.§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2.§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents.§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.§ 12.3 Acceptance of Nonconforming WorkIf the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made, and if the payments due to the Contractor are insufficient to cover the adjustment, the Contractor shall pay the difference to the Owner.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)37
ARTICLE 13 MISCELLANEOUS PROVISIONS§ 13.1 Governing LawThe Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.§ 13.2 Successors and Assigns§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall, in the form mutually acceptable to the parties, execute consents reasonably required to facilitate the assignment provided such form includes, (without limiting the Contractor’s right to review and approve any specific form), provisions whereby the assignee agrees to continue to pay the Contractor upon the Owner’s default for work not paid to the Owner prior to such default, that the Contractor shall be entitled to additional General Requirements if the notice to perform work on the assignee’s behalf is given more than 30 days after the default of the Owner, and that any re-assignment shall be subject to Contractor’s review and approval as to the creditworthiness of the re-assignee.§ 13.3 Rights and Remedies§ 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law.§ 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing.§ 13.4 Tests and Inspections§ 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require.§ 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense.§ 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense.§ 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)38
§ 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing.§ 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.§ 13.5 InterestPayments due and unpaid under the Contract Documents shall bear interest pursuant to A101 §5.3.ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT§ 14.1 Termination by the Contractor§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of thirty (30) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons:.1Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped;.2An act of government, such as a declaration of national emergency, that requires all Work to be stopped;.3Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or.4The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2 ..§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less.§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2, as modified, exists, the Contractor shall, within fourteen (14) days of the event giving rise for the Contractor to terminate the Contract, provide written notice to the Owner and Architect, indicating its intention to terminate the Contract. If the Owner fails to remedy the default within thirty (30) days after receipt of such notice by the Contractor, the Contractor may terminate the Contract and recover from the Owner payment for:.1Work completed and materials stored to date, including Contractor’s Fee (A101 §8.7.1);.2Costs incurred by reason of such termination with respect to all subcontracts, materials, equipment, tools and machinery;.3All incurred General Requirement costs;.4Contractor’s Overhead of 2% on the Work not yet completed (when termination is due to §14.1.1.3 or §14.1.1.5; and.5Costs, expenses, and reasonable attorney’s fees and any other damages incurred in direct connection with the termination under this provision. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3.§ 14.2 Termination by the Owner for Cause§ 14.2.1 The Owner may terminate the Contract if the Contractor.1repeatedly refuses or fails to supply enough properly skilled workers or proper materials in accordance with the Contract Documents or as required by the Project Schedule;.2fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or Suppliers;
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AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The
American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for
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.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of a public authority having jurisdiction;
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents; or
.5 files a petition, or consents to the filing of a petition against the Contractor, under any federal or state
law concerning bankruptcy, reorganization, insolvency or relief from creditors, or if such petition is
filed against the Contractor without its consent and is not dismissed within thirty (30) days, or if the
Contractor is generally not paying its debts as they become due, or if the Contractor becomes insolvent,
or if a receiver, trustee, liquidator, custodian or the like is appointed with respect to Contractor or takes
possession of all or a substantial portion of its assets, or if Contractor consents to such an appointment,
or if Contractor makes an assignment for the benefit of creditors.
§ 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that
sufficient cause exists to justify such action, the Owner may issue a written notice to cure to the Contractor listing the
specific reasons for the issuance of the cure notice and providing the Contractor with a specified date by which (the
"Cure Period") to cure of no less than thirty (30) days or if a cure cannot be accomplished within this sixty (60) days of
such Cure Notice, provide evidence satisfactory to the Owner of its efforts to begin curing the listed defaults. If, after
expiration of the Cure Period, the Contractor has not sufficiently cured the defaults or the Contractor has not
sufficiently begun curing the defaults, the Owner may, without prejudice to any other rights or remedies of the Owner
and after giving the Contractor and the Contractor’s surety, if any, seven (7) days’ written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
.2 Accept assignment of subcontracts pursuant to Section 5.4; and
.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request
of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred
by the Owner in finishing the Work.
§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.
§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Architect’s services and expenses made necessary thereby, including the Owner’s costs and reasonable expenses
incurred in connection with the termination under this provision and other damages incurred by the Owner and not
expressly waived, such excess which the Contractor shall be entitled to shall be paid to the Contractor. If such costs
and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid
to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and
this obligation for payment shall survive termination of the Contract.
§ 14.3 Suspension by the Owner for Convenience
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in
whole or in part for such period of time as the Owner may determine.
§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No
adjustment shall be made to the extent
.1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause
for which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under another provision of the Contract.
§ 14.4 Termination by the Owner for Convenience
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.
§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the
Contractor shall
.1 cease operations as directed by the Owner in the notice;
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)40
.2take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and.3except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.§ 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor pursuant to Sec. 34 – Termination for Convenience, in attached HUD Form 5370.ARTICLE 15 CLAIMS AND DISPUTES§ 15.1 Claims § 15.1.1 DefinitionA Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents.§ 15.1.2 Time Limits on ClaimsThe Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2.§ 15.1.3 Notice of Claims§ 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within thirty (30) days after occurrence of the event giving rise to such Claim or within thirty (30) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.§ 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required.§ 15.1.4 Continuing Contract Performance§ 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will continue to prepare Change Orders and issue Certificates for Payment in accordance with the Contract Documents. Notwithstanding the foregoing and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, if the Claim involved the amounts of compensation which are to be paid to Contractor for work for which a Change Order has not been approved, Contractor shall not be required to proceed with such work until there has been a final resolution of the Contractor’s entitlement to compensation Claim.§ 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker.§ 15.1.5 Claims for Additional CostIf the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)41
a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the contract by the Owner, (6) Owner’s suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Article 15.§ 15.1.6 Claims for Additional Time§ 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.§ 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction.§ 15.1.7 Waiver of Claims for Consequential DamagesExcept as may be specifically provided for elsewhere in the Contract, including but not limited to any liquidated damages set forth in the Contract, or these General Conditions, the Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes.1damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and.2damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work.This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.§ 15.1.8 If any arbitration, mediation, litigation, or other dispute resolution proceeding is commenced for the interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for damages for the breach thereof, then, in addition to any or all other relief awarded in such proceeding, the prevailing party shall be entitled to an award against the other party for an amount equal to the reasonable attorney’s fees and other costs incurred in connection with such proceeding.§ 15.2 Initial Decision§ 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due. If an initial decision has not been rendered within thirty (30) days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner.§ 15.2.2 The Initial Decision Maker will review Claims and within ten (10) days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim.§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense.
Init./AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)42
§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part.§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution.§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.§ 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision.§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines.§ 15.3 Mediation§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution.§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of thirty (30) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.§ 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision.§ 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.§ 15.4 Arbitration§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry
Init.
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AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The
American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for
resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations,
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Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the
Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing,
delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party
filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which
arbitration is permitted to be demanded.
§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on
the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a
written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of
legal or equitable proceedings based on the Claim.
§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof.
§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly
consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having
jurisdiction thereof.
§ 15.4.4 Consolidation or Joinder
§ 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either
party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party
provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to
be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially
similar procedural rules and methods for selecting arbitrator(s).
§ 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either
party may include by joinder persons or entities substantially involved in a common question of law or fact whose
presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined
consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute
consent to arbitration of any claim, dispute or other matter in question not described in the written consent.
§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this
Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner
and Contractor under this Agreement.
§ 15.5 LITIGATION
§ 15.5.1 Subject to Section 15.2.6.1 hereof, any Claim, dispute or other matter in question arising out of or related to
the Agreement not resolved through negotiation, mediation or arbitration shall be resolved by litigation.
§ 15.5.2 EACH PARTY, KNOWINGLY AND AFTER CONSULTATION WITH OR OPPORTUNITY FOR
CONSULTATION WITH COUNSEL, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS WAIVES ALL RIGHT
TO TRIAL BY JURY OF ANY CLAIM ARISING WITH RESPECT TO THIS AGREEMENT OR ANY MATTER
RELATED IN ANY WAY THERETO.
§ 15.5.3 In the event of litigation of claims, disputes or other matters in question between the Contractor and Owner
relating to this Agreement that results in a Final Judgment, then the prevailing party (as determined by the court in
such litigation) shall be entitled to reimbursement by the non-prevailing party for all litigation expenses reasonably
incurred by the prevailing party, including but not limited to reasonable attorneys’ fees, court costs and other expenses
associated with the litigation, including any appeals. For purposes hereof, a Final Judgment shall mean a final and
nonappealable order, ruling, decree, judgment or any other determination by a court of law with proper jurisdiction
that ends a suit, adjudicates the subject matter of the controversy, and represents the final determination of the rights of
the parties.
Additions and Deletions Report forAIA® Document A201® – 2017This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:40:05 ET on 06/18/2025.
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)1
PAGE 1Villager Apartments3810 Southern Avenue SE Washington, DC 20020 …District of Columbia Housing Authority 300 7th St. SW10th Floor Washington, DC 20024 …AMAR Group LLC 6230 3rd Street, NWSuite 4Washington, DC PAGE 10The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work work may constitute the whole or a part of the Project.…§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance Performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.PAGE 11Terms capitalized in these General Conditions include those that are (1) specifically defined, defined in the Contract Documents, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects.…§ 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement.transmission.
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)2
…§ 1.7 Digital Data Use and TransmissionThe parties shall agree upon written protocols governing the transmission and use of, and reliance on, Instruments of Service or any other information or documentation in digital form.§ 1.8 Building Information Models Use and RelianceAny use of, or reliance on, all or a portion of a building information model without agreement to written protocols governing the use of, and reliance on, the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees.…§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Any change in the designation of the Owner’s Representative shall also be in writing and shall be issued promptly. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative.PAGE 12§ 2.2.1 Prior to commencement of the Work and thereafter, upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence, including, but not limited to draw schedules from the Owner’s lender’s building loan agreement, or similar evidence that the Owner has made sufficient financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately.§ 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. Contract. If the Owner fails to provide such evidence, as required, within fourteen requested, within twenty (21) days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, Sum, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents.PAGE 13If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to correct said item. If Contractor fails to correct such item within fourteen (14) days from the date of Owner’s written notice to Contractor, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.…If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day fourteen (14) day period after receipt of notice from the Owner to commence and continue correction
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)3
of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15.…§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Nothing herein shall be construed to be a representation that Contractor is familiar with conditions which would normally require extensive or detailed testing in order for discovery of such conditions to occur, such as, but not limited to, subsoil or subsurface conditions not apparent without detailed soil boring, engineering or other tests, which shall remain the responsibility of the Owner.§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Notwithstanding anything to the contrary contained herein, the Contractor shall not be liable or responsible for any design defects contained in the Drawings, Specifications and other documents prepared by the Architect or other design professionals retained by the Owner, nor shall Contractor be liable or responsible for reviewing or verifying the compliance of such design or the compliance of equipment or materials called for by the Drawings, Specifications and other documents prepared by the Architect or other design professionals retained by the Owner with applicable laws and building codes. Contractor will endeavor to inform Owner of any inconsistencies between contract documents, and applicable laws and building codes to the extent of the Contractor’s knowledge of any such conflicts. Unless required by the Drawings and Specifications, nothing herein shall require Contractor to perform testing, design and/or exploratory work.PAGE 14§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.The Contractor shall not proceed with any Work not clearly and consistently defined in detail in the Contract Documents, but shall request additional drawings or instructions from the Architect. If the Contractor proceeds with such Work without obtaining further drawings or instructions, it shall at its own expense correct Work incorrectly done and shall be liable to the Owner for any other damages resulting from Contractor having incorrectly proceeded with the Work.…
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)4
§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work Work, only upon receipt of written approval from the Owner, using its alternative means, methods, techniques, sequences, or procedures. Contractor shall be entitled to a Change Order for additional time to achieve Substantial Completion in the event of any delay occasioned by the pendency of such instructions and directions that interrupt the orderly process of the Work. If the Contractor is instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures.…§ 3.3.4 The Contractor shall conduct bi-weekly job meetings (and such other meetings as may be requested from time to time by Owner or Architect) with the Architect and such other persons as the Architect or Owner may from time to time wish to have present. The Contractor shall be represented by its project superintendent and/or project manager, or other authorized main office representative if requested by the Owner or Architect. An authorized representative of any Subcontractor or Sub-subcontractor shall attend such meetings if the presence of such representative is requested by the Architect or Owner. Such representatives shall be empowered to make binding commitments on all matters to be discussed at such meetings, including costs, payments, change orders, time schedules, and manpower. Any notices required under the Contract Documents may be served on such representatives.PAGE 15§ 3.5.3 Contractor shall provide its process and procedures for reporting warranty claims to the Owner within 10 days of final Certificate of Substantial Completion.§ 3.5.4 As a condition precedent to Final Payment, The Contractor shall procure and deliver to the Architect for transmittal to the Owner, bound together with a Table of Contents thereto, one set of all warranties required by the Contract Documents or applicable to the Work, endorsed by the Contractor and assigned to the Owner for the benefit of the Owner and its successors and assignees (including Owner’s Lenders). Delivery of the same by the Contractor shall constitute the Contractor’s guarantee to the Owner that the warranty(s) conform to the Contract Documents and that the Contractor has performed the Work in accordance with the manufacturer’s written instructions. The delivery, endorsement or assignment of such warranties shall not release Contractor from obligations pursuant to the Contract Documents. The Contractor shall pay sales, consumer, use and similar taxes and tariffs applicable for materials for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.as of December 31st, 2024. Any increase in costs of materials resulting from sales, consumer, use, or similar taxes and/or tariffs enacted after December 31st, 2024, and documented by Contractor (or subcontractor), shall entitle the Contractor to an adjustment of the Contract Sum for the amount of the cost differential (delta) exceeding 10% via Change Order, based on supporting documentation provided by the Contractor. Any increase in the Contract Sum pursuant to this Section shall not be in addition to any increase in the Contract Sum pursuant to Section 7.5. …§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies trade permits and licenses necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time Subcontractors and Suppliers bids are received or negotiations concluded.
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)5
The Owner shall secure and pay for the building permits, site and public space approvals required to operate and enter the site as well as, if required, neighbor(s) approvals and other permits and fees not specifically required of the Contractor. The Contractor is responsible to call for and coordinate all inspections but excludes all cost and requesting of final Certificates of Occupancy.PAGE 16If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 twenty-one (21) days after first observance of the conditions. The Architect will promptly promptly, or within fourteen (14) days, investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. The presence of hazardous materials, only when previously undisclosed, shall be deemed to be a concealed and/or unknown condition, subject to an equitable adjustment in the Contract Sum and Contract Time.….1allowances shall cover the cost to the Contractor of for labor, and for materials and equipment delivered at the site and all required taxes, less applicable trade discounts;.2Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts overhead, and profit shall be included in the Contract Sum but not in the allowances; and.3whenever costs are more than or less than allowances, including but not limited to additional time required to evaluate and price new design criteria that may be presented, the Contract Sum and Time, including related General Requirements, shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.§ 3.8.3 Materials Decisions regarding scope of work, materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.made by the Owner with reasonable promptness provided, however, that the Owner and Contractor shall meet within thirty (30) days following Notice to Proceed to establish reasonable dates by which such decisions must be made, including coordination with Architect and his consultants where required for final design. Contractor shall be entitled to an adjustment in the Contract Sum and Contract Time, including cost for related General Requirements, in the event of any delay in the pendency of selections or completed design.PAGE 17§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, Contractor and subcontractors, and communications given to the superintendent in writing shall be as binding as if given to the Contractor.§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 fourteen (14) days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection.§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld withheld, conditioned or delayed.
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)6
…§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information a Contractor shall, within thirty (30) days of Notice to Proceed, prepare and submit for the Owner’s and the Architect’s information, a final Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule Contractor’s good faith estimates of milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. Although Contractor shall use its best efforts, no financial liability shall attach for failure to meet milestones established by such schedule unless express milestone dates are incorporated as part of the Contract Documents by a special exhibit that both Owner and Contractor have signed. The date by which the Contractor must achieve Substantial Completion shall not be extended unless by Change Order. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, in conjunction with the construction schedule referenced in 3.10.1, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.…The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. Failure of Contractor to maintain full and complete record drawings at the site shall be a default for which Architect shall be entitled to withhold certification of Applications for Payment.PAGE 18§ 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents.PAGE 19The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. The site shall be maintained in a safe and orderly condition at all times. Contractor shall take reasonably necessary steps to prevent unauthorized access to the Work areas, including
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)7
but not limited to, posting appropriate danger signs and other warning against hazards, and erecting and maintaining adequate fencing and lights in areas where the Work is in progress. …§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project.Project, and shall completely clean the site, removing and disposing of all construction-related debris and rubbish, and cleaning all Work-related stains, spots, marks, dirt, mortar smears, plaster smears, paint smears, caulking smears, and other foreign materials from exposed surfaces inside and outside the buildings, so that all such surfaces, including all glass and metals, are clean and in "as good as new" condition.§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor.a Change Order which reduces the Contract Sum by an amount equal to Owner’s cost.…§ 3.17 Royalties, Patents and CopyrightsThe Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect.§ 3.17 Intentionally omitted.§ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18.PAGE 20§ 3.18.3 DCHA shall not be obligated to commit or expend funds in excess or in advance of appropriations in accordance with the (i) the federal Anti-Deficiency Act, 31 U.S.C § 1341, 1342, 1349, 1351; (ii) the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01-355.08; (iii) D.C. Code § 47-105; and (iv) D.C. Official Code § 1-204.46, as the foregoing statutes may be amended from time to time, regardless of whether a particular obligation has been expressly so conditioned. In addition, any DCHA legal liability hereunder shall be limited to eligible non-public housing assets (assets not subject to any Declaration of Trust and not acquired or merged with assets acquired with public housing funding under the United States Housing Act of 1937).…§ 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. The Architect’s designated representative attending requisition meetings shall have the authority to execute Certificates for Payment, Change Orders, and any other documents necessary for the performance of the Work.
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997,
2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are
trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on
06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report
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…
§ 4.2.2 The Architect will visit the site at a minimum of 1 visit per month and additional visits during walks and punch
lists in intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally
familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work
observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with
the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or
responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions
and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the
Contract Documents.
PAGE 21
§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such
as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken
in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal
schedule, with reasonable promptness promptness, but not later than fourteen (14) days, while allowing sufficient time
in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all of which remain the
responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s
submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review
shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or
procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is
a component.
§ 4.2.8 The Architect will prepare Proposal Requests, Change Orders and Construction Change Directives, and may
order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations
and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
…
§ 4.2.14 The Architect will review and respond to requests for information (RFI) about the Contract Documents. The
Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with
reasonable promptness. fourteen (14) days. If appropriate, the Architect will prepare and issue supplemental Drawings
and Specifications in response to the requests for information.
PAGE 22
§ 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the
Contract, acceptance of Notice to Proceed, shall notify the Owner and Architect of the persons or entities proposed for
each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special
design. Within 14 fourteen (14) days of receipt of the information, the Architect and/or Owner may notify the
Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or
(2) requires additional time for review. Failure of the Owner or Architect to provide notice within the 14-day period
shall constitute notice of no reasonable objection.
…
§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the
Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but
rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be
increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be
issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or
Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in
submitting names as required.
For tiered sub-contracting there will be a max of 3 subcontractors.
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§ 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. An objection by the Owner or Architect shall not be considered reasonable in those situations where the Contractor has determined that the original Subcontractor lacks financial viability, cannot meet construction schedules or produces inferior or substandard work.….1assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; Contractor in writing; andPAGE 23When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract.subcontract, and the Contractor shall be relieved and released from all obligations under said subcontract agreement for all Work performed by the Subcontractor from and after the date the assignment of such subcontract agreement becomes effective. Upon assignment of any subcontract, the Subcontractor shall look solely to the Owner for subsequent performance.§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension.Omitted. …§ 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. The Owner shall indemnify and hold harmless the Contractor from and against any damage to the Contractor or the Work caused by improper work, negligence or delay of the Owner and/or of any of the Owner’s Separate Contractors. Contractor shall notify Owner of any such Claim in writing in accordance with Article 15.…§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. schedules when directed to do so. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised.PAGE 24§ 7.2.1 A Change Order is a written instrument prepared by the Architect or Contractor and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following:…§ 7.3.1 A Construction Change Directive is a written order (AIA G714 – 2017) prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly.§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms or cost of a Change Order.
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)10
§ 7.3.3 If the A Construction Change Directive provides shall provide for an adjustment to the Contract Sum, the adjustment shall be Sum based on one of the following methods:methods plus Contractor’s Fee:….3Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; parties; orPAGE 25.5Costs of supervision and field office personnel directly attributable to the change.change including personnel required to monitor and track time and materials for the applicable Construction Change Directive.…§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment Owner shall make progress payments to Contractor for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect or Contractor will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive.…§ 7.5 Price Escalation for Materials and Labor§ 7.5.1 The Contract Sum is based on the cost of materials, labor, and equipment as of December 31st, 2024. In the event of an increase in the cost of materials that is significant and beyond the reasonable control of the Contractor, the Contractor may be entitled to an adjustment to the Contract Sum pursuant to this Section.§ 7.5.2 A "significant increase" shall mean a price increase of materials of greater than 10% for any individual material, as measured against the pricing in effect as of December 31st, 2024. Price changes shall be substantiated by actual supplier’s quotations, and as of the date of procurement.§ 7.5.3 The Contractor shall give the Owner written notice of any such increase within ten (10) days after the Contractor becomes aware of the increase. The notice shall include (1) a description of the affected materials, (2) documentation of the price differential, (3) evidence of timely submittal, approval and procurement, and (4) the proposed adjustment to the Contract Sum.§ 7.5.4 Upon receipt of such notice, the Owner shall have ten (10) days to respond in writing. If the Owner disputes the proposed adjustment, the matter shall be resolved pursuant to the provisions of this Agreement governing Claims and Disputes.§ 7.5.5 Any increase to the Contract Sum under this Section shall be limited to the portion of the Work yet to be performed as of the date of notice and shall only be for the actual cost of material increase without any mark-up greater than 10% as of December 31st, 2024. Price increases attributable to delays caused by the Contractor shall be exempted from this clause.[PARTIES TO REVISIT PRIOR TO EXECUTION]PAGE 26§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor
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shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic’s liens and other security interests.…§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect Force Majeure as defined in § 8.3.1.1; (2) negligent acts or omissions of the Owner or Architect, of an employee or agent of either, or of a Separate Contractor; (2) (3) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay (4) by labor disputes, strikes, lack of materials, fire, delays in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) (5) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) (6) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine.and Contract Sum shall be modified by Change Order for such reasonable time that the critical path of the Work was impacted. Contractor further acknowledges and agrees that adjustments in the Contract Time and Contract Sum will be permitted for a delay only to the extent such delay is not caused by its own acts or omissions. § 8.3.1.1 Force Majeure shall mean delays in the Work caused by (i) acts of God; (ii) acts of public enemy; (iii) orders of any kind from the government of the United States or any department, agency, political subdivision, local government or official office of any of them, or any civil or military authority, provided such order is not the result of the Contractor’s negligence or failure to comply with all applicable laws, ordinances and regulations; or (iv) severe and unusual weather conditions impacting the Work on the Project. The Contractor must give notice to the Owner of the occurrence of any Force Majeure event that may give rise to a delay in Substantial Completion promptly but within 21 days of such event. The Contractor shall use all diligence in attempting to overcome or lessen the impact of the event and shall keep the Owner informed of its progress in mitigating the effects of any such Force Majeure event.PAGE 27Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to The Schedule of Values is a detailed schedule allocating the entire Contract Sum among cost divisions and / or the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. Schedule of Values is hereby established pursuant to Exhibit H. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment.The Contractor may, from time to time, provide and / or expand detailed breakdown supporting the Schedule of Values line items for the purpose of facilitating the Applications for Payment review process. Change Orders shall be listed separately and shall be added at the end of the Schedule of Values in numerical order.…§ 9.3.1 At least ten four (4) days before the date established for each progress payment, requisition meeting to review and process the Applications for Payment, the Contractor shall submit to the Architect an itemized pencil copy Application for Payment prepared in accordance with the schedule of values, Schedule of Values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents.Architect and Owner shall furnish any comments on the pencil copy Application promptly. The provision of or absence of comments from Architect and Owner on a pencil copy Application shall not prejudice any rights that the Architect and Owner may have regarding the review and approval of a notarized Application for Payment. The notarized Application for Payment in accordance with Section 12.1.4 of the Agreement shall be submitted prior to and reviewed at the schedule requisition meeting. If the Application for Payment is free of comments or error, Architect shall execute the notarized copy which Owner shall then submit to lenders for processing within 24 hours. …
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§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. To approve payments on materials stored offsite, proof of material purchase must be provided with the pay application (photos of materials, proof of materials being stored in a bonded warehouse, invoices, receipts, etc.).PAGE 28§ 9.3.4 Each Application for Payment shall be accompanied by a duly executed, conditional waiver of liens from Contractor for all amounts included in such Application for Payment. Duly executed, unconditional waivers of liens from Contractor and each Subcontractor for any amounts previously paid shall be provided within ten (10) days of receipt of payment. All such lien waivers shall be in a form as may be mutually acceptable to the parties.§ 9.3.5 Provided the Contractor has been paid for the Work, in the event a lien is filed or claimed against the Work by any Subcontractor, Sub-subcontractor, laborer or supplier of materials, the Contractor agrees immediately to bond such lien or to cause such lien to be discharged. If the Contractor shall fail to do so, the Owner may, at its option and at the expense of Contractor, bond such lien or cause it to be discharged.§ 9.3.6 Unless the Contractor asserts in writing in the Application for Payment that an unpaid claim of a Subcontractor, Sub-subcontractor, laborer or materialman is in dispute as to the amount owed, the Contractor shall have an obligation to bond over any such lien filed.§ 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, visit the site and review the pencil copy prior to the meeting and either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1.PAGE 29.3failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment;equipment, unless Contractor provides written justification for withholding of payment;….5damage to the Owner or a Separate Contractor;Contractor not covered by insurance;…§ 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment may only withhold a portion of payment due to Contractor for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment.delivered by Subcontractor or Supplier. Owner shall not issue or make payments by joint check to any Subcontractor or Supplier.…§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. The Contractor may request in writing that the Owner provide reasonable evidence that the Owner has forwarded the approved Certificate for Payment to the lenders for processing in order to facilitate payment within the time agreed.
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)13
§ 9.6.2 The Contractor shall pay each Subcontractor, no later than seven then (10) days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. Reduction of retainage for each Subcontractor shall be in accordance with individual agreements executed with each Subcontractor.PAGE 30If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven fourteen (14) days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven (7) additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents.…§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can seek the necessary approvals and/or licensing to occupy or utilize the Work for its intended use.Work.§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees in writing to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.…§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Certificate which are identified as non-conforming, defective and incomplete. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.§ 9.8.5 The Certificate of Substantial Completion (AIA G704 - 2017) shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. retainage shall be reduced in accordance with Section 5.1.7.2 of the A101 Contract. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.PAGE 31§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)14
lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees.PAGE 32If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.…§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if if, in the sole judgment of the Contractor reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos asbestos, lead paint or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition.condition in writing.§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up.§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 Section 10.3.1, has not been disclosed to the Contractor, and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances.Contractor warrants that it shall not bring, or cause or allow to be released, any hazardous materials or substances on the site unless such materials or substances are required by the Contract Documents. In the event that such materials or substances are required by the Contract Documents, Contractor shall comply with all applicable laws and regulations and shall follow appropriate safety procedures in handling such materials or substances. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from a breach of the warranty in the preceding sentences except to the extent that such damages, loss or expense is due to the fault or negligence of the party seeking indemnity or the fault or negligence of a third-party (excepting Subcontractors and Sub-subcontractors). PAGE 33
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)15
§ 10.3.6 If, without negligence or fault on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred.PAGE 34§ 11.1.3 Upon the written request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall evaluate and if confirmed shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.PAGE 35§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense.expense unless the condition was caused by the Owner or a Separate Contractor in which event the Owner shall be responsible for payment of such costs.PAGE 36§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5.…If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.made, and if the payments due to the Contractor are insufficient to cover the adjustment, the Contractor shall pay the difference to the Owner.PAGE 37§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment.shall, in the form mutually acceptable to the parties, execute consents reasonably required to facilitate the assignment provided such form includes, (without limiting the Contractor’s right to review and approve any specific form), provisions whereby the assignee agrees to continue to pay the Contractor upon the Owner’s default for work not paid to the Owner prior to such default, that the Contractor shall be entitled to additional General Requirements if the notice to perform work on the assignee’s behalf is given more than 30 days after the default of the Owner, and that any re-assignment shall be subject to Contractor’s review and approval as to the creditworthiness of the re-assignee.PAGE 38Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.pursuant to A101 §5.3.
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)16
…§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 thirty (30) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons:….4The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2.Section 2.2 ..…§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ 14.1.2, as modified, exists, the Contractor shall, within fourteen (14) days of the event giving rise for the Contractor to terminate the Contract, provide written notice to the Owner and Architect, indicating its intention to terminate the Contract. If the Owner fails to remedy the default within thirty (30) days after receipt of such notice by the Contractor, the Contractor may terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. for:.1Work completed and materials stored to date, including Contractor’s Fee (A101 §8.7.1);.2Costs incurred by reason of such termination with respect to all subcontracts, materials, equipment, tools and machinery;.3All incurred General Requirement costs;.4Contractor’s Overhead of 2% on the Work not yet completed (when termination is due to §14.1.1.3 or §14.1.1.5; and.5Costs, expenses, and reasonable attorney’s fees and any other damages incurred in direct connection with the termination under this provision. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3.….1repeatedly refuses or fails to supply enough properly skilled workers or proper materials;materials in accordance with the Contract Documents or as required by the Project Schedule;.2fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers;Suppliers;.3repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; orauthority having jurisdiction; .4otherwise is guilty of substantial breach of a provision of the Contract Documents.Documents; or.5files a petition, or consents to the filing of a petition against the Contractor, under any federal or state law concerning bankruptcy, reorganization, insolvency or relief from creditors, or if such petition is filed against the Contractor without its consent and is not dismissed within thirty (30) days, or if the Contractor is generally not paying its debts as they become due, or if the Contractor becomes insolvent, or if a receiver, trustee, liquidator, custodian or the like is appointed with respect to Contractor or takes possession of all or a substantial portion of its assets, or if Contractor consents to such an appointment, or if Contractor makes an assignment for the benefit of creditors.PAGE 39§ 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may issue a written notice to cure to the Contractor listing the specific reasons for the issuance of the cure notice and providing the Contractor with a specified date by which (the
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)17
"Cure Period") to cure of no less than thirty (30) days or if a cure cannot be accomplished within this sixty (60) days of such Cure Notice, provide evidence satisfactory to the Owner of its efforts to begin curing the listed defaults. If, after expiration of the Cure Period, the Contractor has not sufficiently cured the defaults or the Contractor has not sufficiently begun curing the defaults, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven (7) days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:…§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, including the Owner’s costs and reasonable expenses incurred in connection with the termination under this provision and other damages incurred by the Owner and not expressly waived, such excess which the Contractor shall be entitled to shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract.…§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shallPAGE 40§ 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement.pursuant to Sec. 34 – Termination for Convenience, in attached HUD Form 5370.…§ 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 thirty (30) days after occurrence of the event giving rise to such Claim or within 21 thirty (30) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.…§ 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will continue to prepare Change Orders and issue Certificates for Payment in accordance with the Contract Documents. Notwithstanding the foregoing and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, if the Claim involved the amounts of compensation which are to be paid to Contractor for work for which a Change Order has not been approved, Contractor shall not be required to proceed with such work until there has been a final resolution of the Contractor’s entitlement to compensation Claim.…If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997,
2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are
trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on
06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report
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contract by the Owner, (6) Owner’s suspension or (7) other reasonable grounds, Claim shall be filed in accordance
with this Article 15.
PAGE 41
§ 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided in
Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay
on progress of the Work. In the case of a continuing delay, only one Claim is necessary.
…
The Except as may be specifically provided for elsewhere in the Contract, including but not limited to any liquidated
damages set forth in the Contract, or these General Conditions, the Contractor and Owner waive Claims against each
other for consequential damages arising out of or relating to this Contract. This mutual waiver includes
…
This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in
accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of
liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
§ 15.1.8 If any arbitration, mediation, litigation, or other dispute resolution proceeding is commenced for the
interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for damages for the breach
thereof, then, in addition to any or all other relief awarded in such proceeding, the prevailing party shall be entitled to
an award against the other party for an amount equal to the reasonable attorney’s fees and other costs incurred in
connection with such proceeding.
…
§ 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the
period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be
referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless
otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision
shall be required as a condition precedent to mediation of any Claim. Claim arising prior to the date final payment is
due. If an initial decision has not been rendered within 30 thirty (30) days after the Claim has been referred to the
Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a
decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision
Maker will not decide disputes between the Contractor and persons or entities other than the Owner.
§ 15.2.2 The Initial Decision Maker will review Claims and within ten (10) days of the receipt of a Claim take one or
more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or
(5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks
sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial
Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim.
PAGE 42
§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry
Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing,
delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The
request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event,
mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending
mediation for a period of 60 thirty (30) days from the date of filing, unless stayed for a longer period by agreement of
the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless
proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
PAGE 43
Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)19
§ 15.5 LITIGATION§ 15.5.1 Subject to Section 15.2.6.1 hereof, any Claim, dispute or other matter in question arising out of or related to the Agreement not resolved through negotiation, mediation or arbitration shall be resolved by litigation.§ 15.5.2 EACH PARTY, KNOWINGLY AND AFTER CONSULTATION WITH OR OPPORTUNITY FOR CONSULTATION WITH COUNSEL, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS WAIVES ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM ARISING WITH RESPECT TO THIS AGREEMENT OR ANY MATTER RELATED IN ANY WAY THERETO.§ 15.5.3 In the event of litigation of claims, disputes or other matters in question between the Contractor and Owner relating to this Agreement that results in a Final Judgment, then the prevailing party (as determined by the court in such litigation) shall be entitled to reimbursement by the non-prevailing party for all litigation expenses reasonably incurred by the prevailing party, including but not limited to reasonable attorneys’ fees, court costs and other expenses associated with the litigation, including any appeals. For purposes hereof, a Final Judgment shall mean a final and nonappealable order, ruling, decree, judgment or any other determination by a court of law with proper jurisdiction that ends a suit, adjudicates the subject matter of the controversy, and represents the final determination of the rights of the parties.
AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:05 ET on 06/18/2025 under Order No.2114489670 which expires on 06/30/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.User Notes: (1161910092)1
’Certification of Document s AuthenticityAIA®™ – 2003 Document D401I, Emily Rinehart, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:40:05 ET on 06/18/2025 under Order No. 2114489670 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201™ – 2017, General Conditions of the Contract for Construction, other than those additions and deletions shown in the associated Additions and Deletions Report._____________________________________________________________(Signed) _____________________________________________________________(Title) _____________________________________________________________(Dated)
Hamel Builders, Inc.By and BetweenConstruction Contract
Washington, DC 20020ForDistrict of Columbia Housing AuthorityVillager Apartments3810 Southern Avenue SEand
1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18. Exhibit P - Permits and Approvals
Table of ContentsConstruction Contract - AIA Document A101 - 2017Insurance and Bonds - AIA Document A101 - 2017, Exhibit AGeneral Conditions of the Contract for Construction - AIA Form A201 - 2017Exhibit B - List of DrawingsExhibit C - SpecificationsExhibit D - Exhibit E - Exhibit F - AllowancesExhibit G - Contractors ClarificationsExhibit H - Schedule of Values - AIA G702/703Exhibit I - Construction ScheduleExhibit J - Davis Bacon Wage DeterminationExhibit K - Federal Labor Standards ProvisionsExhibit L - Intentionally OmittedExhibit M - Intentionally OmittedExhibit N - DCHA Section 3 RequirementsExhibit O - HUD Form 5307 - General Conditions for Construction Contract - Public Housing Programs
1.Construction Contract - AIA Document A101 - 2017
2. Insurance and Bonds - AIA Document A101 - 2017,
Exhibit A
General Conditions of the Contract for Construction - AIA Form A201 - 20173.
Exhibit B - List of Drawings4.
Number Title Date GENERALG.001.00 COVER SHEET 1/27/2021G.002.00 GENERAL NOTES, ABRREVATIONS AND SYMBOLS - ALL BUILDINGS 1/27/2021ARCHITECTURALA.004.00 EGRESS PLANS 1/27/2021A.005.00 DC GREEN REQUIREMENT 1/27/2021CIVILC.100.00 EXISTING UTILITY SITE PLAN 1/27/2021C.200.00 PROPOSED UTILITY SITE PLAN 1/27/2021C.300.00 PROFILE ELEVATION 1/27/2021C.400.00 DC WATER STANDARD DESIGN DETAILS 1/27/2021ARCHITECTURALAD.001.00 SITE PLAN-DEMOLITION FLOOR PLAN 1/27/2021AD.101.00 CELLAR LEVEL-DEMOLITION FLOOR PLAN 1/27/2021AD.102.00 FIRST LEVEL-DEMOLITION FLOOR PLAN 1/27/2021AD.103.00 SECOND LEVEL-DEMOLITION FLOOR PLAN 1/27/2021AD.104.00THIRD LEVEL-DEMOLITION FLOOR PLAN 1/27/2021AD.105.00 ROOF LEVEL-DEMOLITION PLAN 1/27/2021AD.111.00 CELLAR LEVEL-DEMOLITION REFLECTED CEILING PLAN 1/27/2021AD.112.00 FIRST LEVEL-DEMOLITION REFLECTED CEILING PLAN 1/27/2021AD.113.00 SECOND LEVEL-DEMOLITION REFLECTED CEILING PLAN 1/27/2021AD.114.00THIRD LEVEL-DEMOLITION REFLECTED CEILING PLAN 1/27/2021AD2.01.00 DEMOLITION ELEVATIONS 1/27/2021AS.001.00 NEW WORK SITE PLAN 1/27/2021A.101.00 CELLAR LEVEL-NEW WORK FLOOR PLAN 1/27/2021A.102.00 FIRST LEVEL-NEW WORK FLOOR PLAN 1/27/2021A.103.00 SECOND LEVEL-NEW WORK FLOOR PLAN 1/27/2021A.104.00THIRD LEVEL-NEW WORK FLOOR PLAN 1/27/2021A.105.00 ROOF LEVEL-NEW WORK PLAN 1/27/2021A.111.00 CELLAR LEVEL NEW WORK REFLECTED CEILING PLAN 1/27/2021A.112.00 FIRST LEVEL-NEW WORK REFLECTED CEILING PLAN 1/27/2021A.113.00 SECOND LEVEL-NEW WORK REFLECTED CEILING PLAN 1/27/2021A.114.00 THIRD LEVEL-NEW WORK REFLECTED CEILING PLAN 1/27/2021A.201.00 NEW WORK ELEVATIONS 1/27/2021A.601.00 DETAILS 1/27/2021A.602.00 DETAILS 1/27/2021A.701.00 PARTITION TYPES 1/27/2021A.800.00 SCHEDULES 1/27/2021INTERIOR DESIGNID.100.00 ENLARGED PLANS & ELEVATIONS-KITCHENS 1/27/2021
VillagerList of DrawingsTHE VILLAGER-RAD CONVERSION PROJECTLEVEL 2 BUILDING RENOVATION3810 SOUTHERN AVENUE, SE.,WASHINGTON, DC, 20020SQUARE: 5672 LOT: 0099BID SUBMISSION AUGUST 27, 2020
ID.101.00 ENLARGED PLANS & ELEVATIONS-BATHROOMS 1/27/2021ID.102.00 ENLARGED PLANS & CLOSETS-TYP. UNIT 1/27/2021ID.103.00 ENLARGED PLANS & ELEVATIONS-COMMUNITY ROOM 1/27/2021ID.400.00 INTERIOR DETAILS-STANDARD CABINETS 1/27/2021ID.402.00 INTERIOR DETAILS-SHOWER NICHE 1/27/2021ID.500.00 NEW WORK FINISH PLANS-CELLAR LEVEL 1/27/2021ID.501.00 NEW WORK FINISH PLANS-FIRST LEVEL 1/27/2021ID.502.00 NEW WORK FINISH PLANS-SECOND LEVEL 1/27/2021ID.503.00 NEW WORK FINISH PLANS-THIRD LEVEL 1/27/2021ID.800.00 SCHEDULE-FF&E 1/27/2021MECHANICALM.100 SYMBOL LIST AND ABBREVIATION-MECHANICAL1/27/2021MD.101 BASEMENT LEVEL-EXISTING & DEMOLITION MECHANICAL FLOOR PLAN 1/27/2021MD.102 FIRST LEVEL-EXISTING & DEMOLITION MECHANICAL FLOOR PLAN 1/27/2021MD.103 SECOND LEVEL-EXISTING & DEMOLITION MECHANICAL FLOOR PLAN 1/27/2021MD.104 THIRD LEVEL-EXISTING & DEMOLITION MECHANICAL FLOOR PLAN 1/27/2021M.101 BASEMENT LEVEL-PROPOSED MECHANICAL FLOOR PLAN 1/27/2021M.102 FIRST LEVEL-PROPOSED MECHANICAL FLOOR PLAN 1/27/2021M.103 SECOND LEVEL-PROPOSED MECHANICAL FLOOR PLAN 1/27/2021M.104 THIRD LEVEL-PROPOSED MECHANICAL FLOOR PLAN 1/27/2021M.701 SCHEDULES-MECHANICAL 1/27/2021M.801 DETAILS-MECHANICAL 1/27/2021PLUMBINGP.100 PLUMBING NOTES & SCHEDULES 1/27/2021P.101 BASEMENT LEVEL-PLUMBING PLAN 1/27/2021P.102 FIRST LEVEL-PLUMBING PLAN 1/27/2021P.103 SECOND LEVEL-PLUMBING PLAN 1/27/2021P.104 THIRD LEVEL-PLUMBING PLAN 1/27/2021ELECTRICALE.100.00 ELECTRICAL NOTES & SCHEDULES 1/27/2021E.101.00 BASEMENT LEVEL-ELECTRICAL PLAN 1/27/2021E.102.00 FIRST LEVEL-ELECTRICAL PLAN 1/27/2021E.103.00 SECOND LEVEL-ELECTRICAL PLAN 1/27/2021E.104.00 THIRD LEVEL-ELECTRICAL PLAN 1/27/2021Number Title Date CIVILDE.000.00 COVER SHEET-DOEE 6/24/2022DE.100.00 EROSION AND SEDIMENT CONTROL SITE PLAN 1/27/2021DE.200.00 EROSION AND SEDIMENT CONTROL STANDARD DESIGN DETAILS 1/27/2021THE VILLAGER- RAD CONVERSION PROJECTDOEE EROSION AND SEDIMENT CONTROL SUBMISSION3810 SOUTHERN AVENUE, SEWASHINGTON, DC, 20020SQUARE: 5672 LOT: 0099
Number Title Date GENERALG.001.00 COVER SHEET 7/28/2023CIVILC.100.00 EROSION AND SEDIMENT CONTROL PLAN & DOEE GENERAL NOTES 7/28/2023C.101.00 EROSION & SEDIMENT CONTROL STANDARD DETAILS 7/28/2023C.201.00 PROPOSED WATERPROOFING SITE PLAN 7/28/2023C.202.00 PROPOSED WATERPROOFING DETAILS 7/28/2023Number Title Date GENERALG.001.00 COVER SHEET 1/24/2024G.002.00 SYMBOLS & ABBREVIATIONS NO DATEARCHITECTURALAD.101.00 CELLAR LEVEL-DEMO EXISTING FLOOR PLAN NO DATEAD.102.00 CELLAR LEVEL-DEMOLITION REFLECTED CEILING PLAN NO DATEA.101.00 CELLAR LEVEL-NEW WORK FLOOR PLAN NO DATEA.102.00 CELLAR LEVEL-ENLARGED NEW WORK FLOOR PLAN NO DATEA.103.00 CELLAR LEVEL-ENLARGED NEW WORK FLOOR PLAN NO DATEA.104.00 CELLAR LEVEL-NEW WORK REFLECTED CEILING PLAN NO DATEA.111.00 SCHEDULES & WALL TYPES NO DATEINTERIOR DESIGNID.100.00 ENLARGED PLANS & ELEVATIONS-KITCHEN NO DATEID.101.00 ENLARGED PLANS & ELEVATIONS-BATHROOMS NO DATEID.102.00 ENLARGED PLANS & ELEVATIONS-OFFICE ROOM NO DATEID.103.00 DETAILS-STANDARD CABINETS NO DATEID.104.00 SCHEDULE KITCHEN & BATHROOM NO DATEMECHANICALM.100 SYMBOL LIST AND ABBREVIATIONS-MECHANICAL1/27/2021M.101 BASEMENT LEVEL-PROPOSED MECHANICAL FLOOR PLAN 1/27/2021M.701 SCHEDULES-MECHANICAL 1/27/2021M.801 DETAILS-MECHANICAL 1/27/2021MD.101 BASEMENT LEVEL-EXISTING & DEMOLITION MECHANICAL FLOOR PLAN 1/27/2021PLUMBINGP.100 PLUMBING NOTES & SCHEDULES 1/27/2021
EROSION AND SEDIMENT CONTROLTHE VILLAGERWATERPROOFING OF PORTION OF EXTERIOR WALLADDENDUM TO BUILDING PERMIT B20119613810 SOUTHERN AVENUE SE,WASHINGTON DC, 20020SQUARE: 5672 LOT: 0099THE VILLAGERBUILDING UNITS RENOVATION3810 SOUTHERN AVENUE, SE.,WASHINGTON, DC, 20020SQUARE: 5672 LOT: 0099-(ASI #2-INTERIOR MODIFICATIONS)
P.101 BASEMENT LEVEL-PLUMBING PLAN 1/27/2021ELECTRICALE.100.00 ELECTRICAL NOTES & SCHEDULES 1/27/2021E.101.00 BASEMENT LEVEL-ELECTRICAL PLAN 1/27/2021
Exhibit C - Specifications5.
PROJECT MANUAL DCHA MONTANA-5 RAD CONVERSION PROJECTS (4THOF 5)VILLAGER APARTMENT3810 SOUTHERN AVENEUE, SEWASHINGTON DC 20020BID SETAUGUST 27, 2020
PREPARED FOR:DISTRICT OF WASHINGTON HOUSING AUTHORITYPREPARED BY:AMAR GROUP, LLC6230 THIRD STREET, NW, SUITE 4WASHINGTON, DC 20011

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DCHA MONTANA-5 RAD CONVERSION PROJECTS (4THOF 5)VILLAGER APARTMENT 3810 SOUTHERN AVENUE, SETABLE OF CONTENTSDIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTSNOT INCLUDED, PROVIDED BY OWNER.DIVISION 01 – GENERAL REQUIREMENTSSECTION 010000 GENERAL REQUIREMENTSSECTION 011000 SUMMARYSECTION 012100 ALLOWANCESSECTION 012200 UNIT PRICESSECTION 012300 ALTERNATESSECTION 012500 SUBSTITUTION PROCEDURESSECTION 012600 CONTRACT MODIFICATION PROCEDURESSECTION 012900 PAYMENT PROCEDURESSECTION 013100 PROJECT MANAGEMENT AND COORDINATIONSECTION 013200 CONSTRUCTION PROGRESS DOCUMENTATIONSECTION 013233 PHOTOGRAPHIC DOCUMENTATIONSECTION 013300 SUBMITTAL PROCEDURESSECTION 014000 QUALITY REQUIREMENTSSECTION 014200 REFERENCESSECTION 015000 TEMPORARY FACILITIES AND CONTROLSSECTION 016000 PRODUCT REQUIREMENTSSECTION 017300 EXECUTIONSECTION 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSALSECTION 017700 CLOSEOUT PROCEDURESSECTION 017823 OPERATION AND MAINTENANCE DATASECTION 017839 PROJECT RECORD DOCUMENTSSECTION 017900 DEMONSTRATION AND TRAININGSECTION 019113 GENERAL COMMISSIONING REQUIREMENTSDIVISION 02 – EXISTING CONDITIONSSECTION 024119 SELECTIVE DEMOLITIONDIVISION 03 – CONCRETESECTION 033000 CAST-IN-PLACE CONCRETEDIVISION 04 – MASONRYSECTION 040110 MASONRY CLEANINGSECTION 040120.63 BRICK MASONRY REPAIRSECTION 040120.64 BRICK MASONRY REPOINTINGSECTION 042000 UNIT MASONRYDIVISION 05 – METALSSECTION 051200 STRUCTURAL STEEL FRAMINGSECTION 055000 METAL FABRICATIONSDIVISION 06 – WOOD, PLASTICS, AND COMPOSITESSECTION 061000 ROUGH CARPENTRYSECTION 062023 INTERIOR FINISH CARPENTRYSECTION 064116 PLASTIC-LAMINATE-FACED ARCHITECTURAL CABINETSTABLE OF CONTENTS TOC - 1
DCHA MONTANA-5 RAD CONVERSION PROJECTS (4THOF 5)VILLAGER APARTMENT 3810 SOUTHERN AVENUE, SEDIVISION 07 – THERMAL AND MOISTURE PROTECTIONSECTION 071416 COLD FLUID-APPLIED POLYURETHANE WATERPROOFINGSECTION 072000 MINERAL WOOL INSULATIONSECTION 076200 SHEET METAL FLASHING AND TRIMSECTION 078413 PENETRATION FIRESTOPPINGSECTION 079200 JOINT SEALANTSDIVISION 08 – OPENINGSSECTION 081113 HOLLOW METAL DOORS AND FRAMESSECTION 081416 FLUSH WOOD DOORSSECTION 083113 ACCESS DOORS AND FRAMESSECTION 085113 ALUMINUM WINDOWSSECTION 087100 DOOR HARDWARESECTION 088000 GLAZINGSECTION 088300 MIRRORSSECTION 088813 FIRE-PROTECTIVE GLAZINGSECTION 089119 FIXED ALUMINUM LOUVERSSECTION 089210 WINDOW SECURITY SCREENSECTION 089516 WALL VENT COVERSDIVISION 09 – FINISHESSECTION 092216 NON-STRUCTURAL METAL FRAMINGSECTION 092900 GYPSUM BOARDSECTION 093013 CERAMIC TILINGSECTION 095113 ACOUSTICAL PANEL CEILINGSSECTION 096400 WOOD FLOORINGSECTION 096519 RESILIENT FLOOR TILESECTION 096513 RESILIENT BASE AND ACCESSORIESSECTION 096519 RESILIENT FLOOR TILESECTION 099113 EXTERIOR PAINTINGSECTION 099123 INTERIOR PAINTINGSECTION 099600 HIGH-PERFORMANCE COATINGSDIVISION 10 – SPECIALTIESSECTION 102800 TOILET, BATH, AND WASHROOM ACCESSORIESSECTION 104413 FIRE EXTINGUISHER CABINETSSECTION 104416 FIRE EXTINGUISHERSSECTION 105500.13 USPS-DELIVERY POSTAL SPECIALTIESDIVISION 11 – EQUIPMENTSECTION 113100 RESIDENTIAL APPLIANCESDIVISION 12 FURNISHINGSSECTION 122113 HORIZONTAL LOUVER BLINDSSECTION 122116 VERTICAL LOUVER BLINDSSECTION 123530 RESIDENTIAL CASEWORKSECTION 123661.19 QUARTZ AGGLOMERATE COUNTERTOPSDIVISION 13 SPECIAL CONSTRUCTIONS (N/A)DIVISION 14 CONVEYING EQUIPMENT (N/A)TABLE OF CONTENTS TOC - 2
DCHA MONTANA-5 RAD CONVERSION PROJECTS (4THOF 5)VILLAGER APARTMENT 3810 SOUTHERN AVENUE, SEDIVISION 21 – FIRE PROTECTIONSECTION 21 1000 FIRE SPRINKLER AND STANDPIPE SYSTEMSDIVISION 22 - PLUMBINGSECTION 22 0500 COMMON WORK RESULTS FOR PLUMBINGSECTION 22 0519 METERS AND GAUGES FOR PLUMBING PIPINGSECTION 22 0523 GENERAL DUTY VALVES FOR PLUMBING PIPINGSECTION 22 0700 PLUMBING PIPING INSULATIONSECTION 22 1116 DOMESTIC WATER PIPINGSECTION 22 1119 DOMESTIC WATER PIPING SPECIALTIESSECTION 22 1123 FACILITY NATURAL GAS PIPINGSECTION 22 1316 SANITARY WASTE AND VENT PIPINGSECTION 22 1319 SANITARY WASTE AND VENT PIPING SPECIALTIESSECTION 22 3400 FUEL-FIRED, DOMESTIC-WATER HEATERSDIVISION 23 - MECHANICALSECTION 23 0500 COMMON WORK RESULTS FOR HVACSECTION 23 0513 COMMON MOTOR REQUIREMENTS FOR HVACSECTION 23 0553 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENTSECTION 23 0700 HVAC INSULATIONSECTION 23 0900 INSTRUMENTATION AND CONTROL FOR HVACSECTION 23 2300 REFRIGERANT PIPINGSECTION 23 3113 METAL DUCTSSECTION 23 3300 AIR DUCT ACCESSORIESSECTION 23 3416 CENTRIFUGAL HVAC FANSSECTION 23 3713 AIR DEVICESSECTION 23 4100 PARTICULATE AIR FILTRATIONSECTION 23 7433 PACKAGED, OUTDOOR, HEATING AND COOLING MAKEUP AIR UNITSECTION 23 8126 SPLIT SYSTEM AIR CONDITIONSSECTION 23 8239 UNIT HEATERSDIVISION 26 - ELECTRICALSECTION 26 0500 COMMON WORK RESULTS FOR ELECTRICALSECTION 26 0519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLESSECTION 26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMSSECTION 26 0529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMSSECTION 26 0533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMSSECTION 26 0543 UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMSSECTION 26 0544 SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAY AND CABLINGSECTION 26 0553 IDENTIFICATION FOR ELECTRICAL SYSTEMSSECTION 26 0572 OVERCURRENT PROTECTIVE DEVICE COORDINATION STUDYTABLE OF CONTENTS TOC - 3
DCHA MONTANA-5 RAD CONVERSION PROJECTS (4THOF 5)VILLAGER APARTMENT 3810 SOUTHERN AVENUE, SESECTION 26 0923 LIGHTING CONTROL DEVICESSECTION 26 2200 LOW-VOLTAGE TRANSFORMERSSECTION 26 2413 SWITCHBOARDSSECTION 26 2416 PANELBOARDSSECTION 26 2713 ELECTRICITY METERINGSECTION 26 2726 WIRING DEVICESSECTION 26 2813 FUSESSECTION 26 3600 TRANSFER SWITCHESSECTION 26 4113 LIGHTNING PROTECTION FOR STRUCTURESSECTION 26 4313 SURGE PROTECTION FOR LOW-VOLTAGE ELECTRICAL POWER CIRCUITSSECTION 26 5116 FLUORESCENT EXTERIOR LIGHTINGSECTION 26 5119 LED INTERIOR LIGHTINGSECTION 26 5617 FLUORESCENT EXTERIOR LIGHTINGSECTION 26 5619 LED EXTERIOR LIGHTINGDIVISION 27 – COMMUNICATIONS (N/A)DIVISION 28 - FIRE ALARMSECTION 28 3111 DIGITAL, ADDRESSABLE FIRE- ALARM SYSTEMDIVISION 31 - EARTHWORKSECTION 321313 CONCRETE PAVINGSECTION 321373 CONCRETE PAVING JOINT SEALANTSDIVISION 32 - EXTERIOR IMPROVEMENTS (N/A)DIVISION 33 – UTILITIES (N/A)
TABLE OF CONTENTS TOC - 4
DCHA MONTANA-5 RAD CONVERSION PROJECTS (4THOF 5)VILLAGER APARTMENT 3810 SOUTHERN AVENUE, SESECTION 010000 - GENERAL REQUIREMENTSPART 1 - GENERAL1.1 PROJECT TITLE: VILLAGER APARTMENT .PART 2 - PRODUCTS (Not Used)PART 3 - EXECUTION (Not Used)END OF SECTION 010000
GENERAL REQUIREMENTS 010000 - 1
Exhibit D - 6.
Exhibit E - 7.
Exhibit F - Allowances8.
No.DescriptionQuantity Unit Unit Price Total Value1.Labor and material for existing window well repairs1 LS 16,000.00 16,000.00$ 2.Public Space Permit1 EA 10,000.00 10,000.00$ 3.Public Space Permit Expeditor1 EA 10,000.00 10,000.00$ 4.Labor and material for FF&E allowance1 LS 10,000.00 10,000.00$ 5.General Scope Allowance1 LS 413,894.00 413,894.00$ TOTAL ALLOWANCES 459,894.00$ Villager ApartmentsExhibit - AllowancesThe following Allowances are included in the Guaranteed Maximum Price (GMP) but are exclusive of overhead, profit and bond markup. The total markup for these items is included in the GMP. In order to maintain current budget and scheduling, all design input must be received within 30 days of Notice To Proceed unless otherwise agreed upon in writing.
Exhibit G - Contractors Clarifications9.
The Villager ApartmentsAssumptions 1.2.3.4.5.6.7.8.9.10.11.12.1.2.3.4.1.
The Owner is responsible for contracting and cost of all temporary site security.
The Contract excludes any and all scope of work for landscaping, planting, and tree trimming identified on Addendum #3 RFI Responses dated 7/26/24.The Contract includes a $16,000.00 lump-sum allowance for any cost and work associated with concrete window well repairs identified on Drawing AS.001.00 Note S06.Division 2 - Site WorkDivision 5 - MetalsThe Contract excludes any cost and work associated with Specification section-051200 Structural Steel Framing.
The Contract Time assumes that DCHA will engage Hamel to release the preparation of the Fireline publicspace permit by 12/2/24, for the preparation and submission of the DDOT occupancy and work permits tomeet the construction schedule.The Contract Time assumes 3 months for test data commencing 10/1/24 for Flow Test report to be available to Hamel by 12/30/24.The Contract includes the cost for design and an approved traffic control plan for the project.The Contact excludes any and all scope of work for the solar photovoltaic system. The Owner will pay for the cost to remove the existing system, store any components of the existing system and reinstall the existing system.
The Contract duration assumes that the Building Permits for The Villager current. The Contract Time Assumes 4 phases at Villager. Hamel requires 1 vacant unit, 005 - 2BR, at thecommencement of phase I work. Hamel assumes unit numbers 002 and 003 and 004 are vacant for phase Iin addition to the termite and water damaged units 001, 004 and 011.The Contract Time assumes that DCHA has secured DC Water Approvals for the Public Utility Work at The Villager which shall make available for Hamel by 10/1/2024 for the preparation of Traffic Control Plans and the approval of the work by 1/2/2025.The Contract excludes all tenant relocation services.
Monday, June 16, 2025Contractor has made the following assumptions in preparation of the Guaranteed Maximum Price Contract and all costs for construction. Without altering or qualifying any other items contained within the Drawings and Specifications for construction of the Project, these assumptions shall take precedence over the Drawings and Specifications as outlined herein.Division 1 - General ItemsThe Owner is responsible for contracting and cost of all third-party monitoring, testing, quality control testing, ancillary design, inspections, DC Water Certificates and Fees.
The Contract excludes any and all scope of work associated with bed bug management in the event that bed bugs are discovered in a dwelling unit. The Owner is responsible for providing clearance documentation of each unit before units are provided to the Contractor.The Contact excludes any and all scope of work for Coordination Drawings identified in Specification Section 013100-1.5 Coordination Drawings.The Contract excludes any and all scope of work for hazmat remediation. The Contract assumes that resident relocation will commence in accordance with the Contract construction schedule. Any delays as a result of a resident refusing to move in accordance of the schedule will be subject to a Contract time extension.
1.2.3.4.1.2.3.1.1.1.1.2.3.4.5.The sprinkler systems will be installed in occupied units prior to commencement of renovation work in the units. (2) vacant unit will be used as hospitality suites during this phase of work. The duration of the installation of the sprinkler system will be approximately 1 month at each property.The Contract requires that the operation to replace Resident bathtubs in elevated floor ceiling assemblies will require access to bathtub plumbing from the ceiling of the dwelling unit below. Refer to the construction schedule for this sequence as the tub replacement operation will require access to occupied units.
Division 7 - Thermal & MoistureThe Contract excludes FSC Certified wood products and FSC Chain of Custody documentation identified on specification section 061000-1.3-A.Division 6 - Woods & PlasticsThe Contract excludes any cost and work associated with roof sheathing removal and replacement. Refer to the Contract Unit Price exhibit for any sheathing replacement that may be required as a result of the roofing replacement scope of work.The Contract excludes any cost and work associated with termite damage identified on drawing AD.101.00 Note #64.
The Contract excludes the supply and installation of domestic water circulation pumps. The cost of removal and replacement of the circulation pumps will be provided upon request. The Contract excludes any cost and work associated with water damage/infiltration identified on drawing AD.101.00 Note #47. The Contract excludes any cost and work associated with Preparation for Re-Roofing identified in Specification Section 070150.19-Preparation for Re-Roofing. The Contract excludes any cost and work associated with Specification Section 064116-Plastic-Laminate-Faced Architectural Cabinets.Division 8-Doors & WindowsThe Contract includes the installation Tapco #100 Series security screens in lieu of Kane Innovations A-PRO-B identified in Specification Section 089210 Window Security Screen. The Contract includes the installation of firestopping at all new penetrations through rated walls and ceilings. The Contractor will notify the Owner/Architect of any existing penetrations as a result of the demolition operation that will need to be addressed. Division 10 - SpecialtiesThe Contract excludes any cost and work associated with canopy installation on the north elevation of the building. Division 12 - FurnishingsThe Contract includes a $10,000.00 lump-sum allowance for FF&E at each property. Division 15 - MechanicalThe Contract excludes any cost and work associated with fire pumps. The Contract includes current HVAC equipment costs as of 9/17/24. The Contract value for the HVAC equipment is only valid for 30 Days from 9/17/24. The equipment will be released for order at the time the approved submittals are received. Any increase in the equipment pricing at the time of the order for HVAC equipment, will be subject to a Contract Change Order for the difference at the time of ordering.
1.Division 16 - ElectricalThe Contract excludes any cost and work associated with the existing fire alarm system including but not limited to the work associated with the new sprinkler system being installed.
Exhibit H - Schedule of Values - AIA G702/70310.
APPLICATION AND CERTIFICATION FOR PAYMENTAIA DOCUMENT G702PAGE ONE OF PAGESTO OWNER:District of Columbia HousingAuthorityPROJECT:Villager ApartmentsAPPLICATION NO:1Distribution to:300 7th St. SW 10th Floor3810 Southern Avenue SEX OWNERWashington, DC 20024 Washington, DC 20020X ARCHITECTX CONTRACTORPERIOD TO:08/25/25X LENDERFROM CONTRACTOR: VIA ARCHITECT:Hamel Builders, Inc. AMAR Group LLC5710 Furnace Avenue, Suite H 6230 3rd Street NW, Suite 4PROJECT NO:Elkridge, MD 21075 Washington, DC 20011CONTRACT FOR: Renovation of 20 units. CONTRACT DATE:CONTRACTOR'S APPLICATION FOR PAYMENTThe undersigned Contractor certifies that to the best of the Contractor's knowledge,Application is made for payment, as shown below, in connection with the Contract.information and belief the Work covered by this Application for Payment has beenContinuation Sheet, AIA Document G703, is attached. completed in accordance with the Contract Documents, that all amounts have been paid bythe Contractor for Work for which previous Certificates for Payment were issued andpayments received from the Owner, and that current payment shown herein is now due.1. ORIGINAL CONTRACT SUM 3,803,224$2. Net change by Change Orders$CONTRACTOR:Hamel Builders, Inc.3. CONTRACT SUM TO DATE (Line 1 ± 2) 3,803,224$4. TOTAL COMPLETED & STORED TO$DATE (Column G on G703)By: Date:5. RETAINAGE:Peter Saunder, Project Executivea. of Completed Work$State of:MarylandCounty of:(Column D + E on G703)Subscribed and sworn to before me this day ofb. of Stored Material$Notary Public:(Column F on G703)My Commission expires:Total Retainage (Lines 5a + 5b orTotal in Column I of G703)$ARCHITECT'S CERTIFICATE FOR PAYMENT6. TOTAL EARNED LESS RETAINAGE$In accordance with the Contract Documents, based on onsite observations and the data(Line 4 Less Line 5 Total)comprising the application, the Architect certifies to the Owner that to the best of the7. LESS PREVIOUS CERTIFICATES FORArchitect's knowledge, information and belief the Work has progressed as indicated,PAYMENT (Line 6 from prior Certificate)the quality of the Work is in accordance with the Contract Documents, and the Contractor8. CURRENT PAYMENT DUE$is entitled to payment of the AMOUNT CERTIFIED.9. BALANCE TO FINISH, INCLUDING RETAINAGE 3,803,224$(Line 3 less Line 6)AMOUNT CERTIFIED . . . . . . . . . . . $CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS(Attach explanation if amount certified differs from the amount applied. Initial all figures on thisTotal changes approvedApplication and on the Continuation Sheet that are changed to conform with the amount certified.)in previous months by Owner$$ARCHITECT:Total approved this Month$$By: Date:TOTALS$$This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to theContractor named herein. Issuance, payment and acceptance of payment are withoutNET CHANGES by Change Order$prejudice to any rights of the Owner or Contractor under this Contract.AIA DOCUMENT G702APPLICATION AND CERTIFICATION FOR PAYMENT1992 EDITIONAIA©1992 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC 200065292User may obtain validation of this document by requesting a completed AIA Document D401 (Certification of Document's Authenticity) from the Licensee.
EXHIBIT H
CONTINUATION SHEETAIA DOCUMENT G703PAGE OF PAGESAIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing APPLICATION NO: 1Contractor's signed certification is attached. APPLICATION DATE: 8/25/2025In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: 8/25/2025Use Column I on Contracts where variable retainage for line items may apply. PROJECT NO:0A B C D E F G H IITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGENO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G ÷ C) TO FINISH (IF VARIABLEAPPLICATION STORED AND STORED (CG) RATE)(D + E) (NOT IN TO DATED OR E) (D+E+F)3 Metals 110,673$$$$$ 0% 110,673$$4 Rough Carpentry 111,595$$$$$ 0% 111,595$$5 Finish Carpentry 78,641$$$$$ 0% 78,641$$6 Waterproofing 30,050$$$$$ 0% 30,050$$7 Insulation 14,924$$$$$ 0% 14,924$$8 Roofing 80,626$$$$$ 0% 80,626$$10 Doors 35,013$$$$$ 0% 35,013$$11 Windows 113,581$$$$$ 0% 113,581$$12 Glass & Miscellaneous 28,105$$$$$ 0% 28,105$$14 Drywall 246,068$$$$$ 0% 246,068$$15 Tile Work 40,000$$$$$ 0% 40,000$$18 Resilient Flooring 79,200$$$$$ 0% 79,200$$19 Painting & Decorating 62,495$$$$$ 0% 62,495$$20 Specialties 24,136$$$$$ 0% 24,136$$22 Cabinets 85,076$$$$$ 0% 85,076$$23 Appliances 55,874$$$$$ 0% 55,874$$24 Draperies & Shades 7,884$$$$$ 0% 7,884$$28 Plumbing 365,223$$$$$ 0% 365,223$$29 Fire Sprinkler 75,800$$$$$ 0% 75,800$$30 HVAC 180,695$$$$$ 0% 180,695$$31 Electrical 158,675$$$$$ 0% 158,675$$32 Modules 10,000$$$$$ 0% 10,000$$33 Allowances 459,894$$$$$ 0% 459,894$$34 Earth Work 103,462$$$$$ 0% 103,462$$35 Site Utilities 92,850$$$$$ 0% 92,850$$36 Roads & Walks 23,810$$$$$ 0% 23,810$$37 Site Improvements 6,420$$$$$ 0% 6,420$$38 Lawns & Plantings 1,800$$$$$ 0% 1,800$$41 Demolition 217,802$$$$$ 0% 217,802$$AIA DOCUMENT G703CONTINUATION SHEET FOR G7021992 EDITIONAIA©1992THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 200065232G7031992
CONTINUATION SHEETAIA DOCUMENT G703PAGE OF PAGESAIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing APPLICATION NO: 1Contractor's signed certification is attached. APPLICATION DATE: 8/25/2025In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: 8/25/2025Use Column I on Contracts where variable retainage for line items may apply. PROJECT NO:0A B C D E F G H IITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGENO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G ÷ C) TO FINISH (IF VARIABLEAPPLICATION STORED AND STORED (CG) RATE)(D + E) (NOT IN TO DATED OR E) (D+E+F)Total Contract Costs 2,900,372$$$$$ 0.000% 2,900,372$$1 General Requirements 615,278$$$$$ 0.0% 615,278$$2 Overhead 62,035$$$$$ 0.0% 62,035$$3 Profit 155,088$$$$$ 0% 155,088$$4 Payment and Performance Bond 23,741$$$$$ 0% 23,741$$5 Builder's Risk 19,251$$$$$ 0% 19,251$$6 Cost Certification 20,000$$$$$ 0% 20,000$$7 General Insurance 7,459$$$$$ 0% 7,459$$8 Other$$$$$$$9 Other$$$$$$$Total Original Contract 3,803,224$$$$$ 0% 3,803,224$$APPROVED CHANGE ORDERS1 0$$$$$$$2 0$$$$$$$3 0$$$$$$$4 0$$$$$$$5 0$$$$$$$6 0$$$$$$$7 0$$$$$$$8 0$$$$$$$9 0$$$$$$$10 0$$$$$$$Subtotal Change Orders$$$$$$$GRAND TOTALS 3,803,224$$$$$ 0% 3,803,224$$User may obtain validation of this document by requesting a completed AIA Document D401 (Certification of Document's Authenticity) from the Licensee.AIA DOCUMENT G703CONTINUATION SHEET FOR G7021992 EDITIONAIA©1992THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 200065232G7031992
Exhibit I - Construction Schedule11.

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Exhibit J - Davis Bacon Wage Determination12.
2117725,8:56AM
"GeneralDecisionNumber:0¢202500032/14/2025
SupersededGeneralDecisionnumber:0¢26240003
state:DistrictofColumbia
ConstructionType:Residential
County:DistrictofColumbiaStatewide.
RESIDENTIALCONSTRUCTIONPROJECTS(consistingofsinglefamilyhosesandaparteentsuptoandincluding4 stories).
Note:ContractssubjecttotheDavis-BaconActaregenerallyrequiredtopayatleasttheapplicableminimumwageraterequiredunderExecutiveOrder14026orExecutiveOnder13658.PleasenotethattheseExecutiveOrdersapplytocoveredcontractsenteredintobythefederalgovernmentthatareSubjecttotheDavis-BaconActitself,butdonotapplytocontractssubjectonlytotheDavis-BaconRelatedActs,Includingthosesetforthat29CFR5.1(a)(2).
ExecutiveOnder14076generallyappliestothecontract.‘ThecontractormustpayallcoveredworkersatLeast$17.75perhour(or‘theapplicablewagerateListedonthis wagedetermination,ifitishigher)forailhoursspentperforsingonthecontractin2025.
EfthecontractisenteredintoonorafterJanuary30,|2022,onthecontractisIrenewedorextended(e.g.,anloptionisexercised)onor|afterdanuary30,2022:

|TFthecontractwasawardedon|lonbetweenJanuary1,2035and|JDanvary29,2022,andtheJcontractisnotFenewedorJextendedonorafterJanuary|e,2022:
ExecutiveOnder13658generallyappliestothecontract.‘Thecontractormustpayall]coveredworkersatleast$13.38perhour(ortheapplicablewagerateListed!fonthiswagedetermination,ifitishigher)forallhoursspentperformingonthatcontractin2025.
‘TheapplicableExecutiveOnderminimumwageratewillbeadjustedannually.IfthiscontractAscoveredbyoneoftheExecutiveOrdersandaclassificationconsiderednecessaryforperformanceofworkonthecontractdoesnotappearonthisagedetermination,thecontractormuststillsubmit@conformancerequest.
AdditionalinforsationoncontractorrequirementsandworkerprotectionsundertheExecutiveOrders1savailableathttp://aw.dol.gov/whd/govcontracts
ModificationNumber Publicationvatee 21/03/2025a 21/10/20252 02/14/2025
-ASBE024-00810/01/2024
Rates Fringes
ASBESTOSWORKER:HAZARDOUSMATERIALHANDLER. 8 28.46 10.193
Includespreparation,wetting,stripping,resoval,scrapping,vacuuming,bagginganddisposingofallinsulationmaterials,whethertheycontainasbestosonnot,frommechanicalsystems
PATOHOLIDAYS:NewYear"sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans"Day,ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidestheesployeeworkstheregularworkdaybefore
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andafterthepaidholiday.

*ELeveeie-0011/01/2025
Rates Fringes
ELEVATORMECHANIC. $57.16 38.435+040
2.PAIDHOLIDAYS:NewYear'sDay,MesorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDay,Christmasay’andtheFridayafterThanksgiving.

b.VACATIONS:Employercontributes8Xofbasichourlyratefor5yearsormoreofservice;6%ofbasichourlyratefor6monthsto5yearsofserviceasvacationpaycredit.

PLuMoe0s-203@8/e1/2024
Rates Fringes
PLUMBER. 8 28.45 14.3600
a.PAIDHOLIDAYS:LaborDay,Veterans’Day,ThanksgivingDayandthedayafterThanksgiving,ChristmasDay,NewYear'sDay,MartinLutherKing'sBirthday,MenorialDayandtheFourthofJuly.

PLuma6e2-203@8/e1/2024
Rates Fringes
PIPEFITTER(HVACPipeInstallation) $52.27 23.7908
a.PAIDHOLIDAYS:NewYear’sDay,MartinLutherKing'sBirthday,MenorsalDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDayandthedayafterThanksgivingandChristmasDay.

* sunc2e09-08805/27/2009
Rates Fringes
BRICKLAVER. $20.71 2.00
CARPENTER,IncludingOrywal1Hanging. 8:37.83+ 2.37
(CEMENTMASON/CONCRETEFINISHER...$18.72 2.00
DRYWALLFINISHER/TAPER.$15.00** 2.00
ELECTRICIAN.esssssesesseseeesese$19,93 Ban
ConnonorGeneral. $:12.54* 2.00

:MasonTenderforpointing,caulking,cleaningofexistingmasonry,brick,stoneandcementstructures(restorationwork);excludesPointing,caulkingandleaningofneworreplacesentmasonry,brick,stoneandcement...sessecvceeseso$12,59*%
PAINTER:BrushandRoller.

$15.32" 5.18
POINTER,CAULKER,CLEANER,Includespointing,caulking,Cleaningofexistingmasonry,brick,stoneandcement.structures(restorationwork);excludespointing,caulking,cleaningofneworreplacesentmasonry,brick,stoneorcenent $18.33
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ROOFER.ssseseseeveeseeneeeeenee$26.33 2.00
8:18.33 2.00 SHEETMETALWORKER
WELDERS-Receiverateprescribedforcraftperforaing‘operationtowhichwelding1sincidental.

s+WorkersinthisclassificationmaybeentitledtoahigherminimumwageunderExecutiveOrder14026($17.75)or13658($13.30).PleaseseetheNoteatthetopofthewageGeterminationfornoreinforwation.PleasealsonotethattheminimumwagerequiresentsofExecutiveOrder14026arenotCurrentlybeingenforcedastoanycontractonsubcontracttoWhichthestatesofTexas,Louisiana,onMississippi,includingtheiragencies,areaparty.
Note:ExecutiveOrder(EO)13706,EstablishingPaidSickLeaveforFederalContractorsappliestoallcontractssubjecttotheDavis-BaconActforwhichthecontractisawarded(andanysolicitationwasissued)onorafterJanuary1,2817.IfthiscontractiscoveredbytheEO,thecontractormustprovideemployeeswith1hourofpaidsickleaveforevery30hours‘theywork,upto56hoursofpaidsickleaveeachyear.Employeesaustbepermittedtousepaidsickleavefortheirfounillness,injuryorotherhealth-relatedneeds,includingPreventiveCare;toassistafamilymenber(orpersonwhoisLikefamilytotheemployee)whoisill,injured,onhasotherhealth-relatedneeds,includingpreventivecare;orforreasonsresultingfrom,ortoassistafasilysenber(orpersonwhoisLikefamilytotheemployee)whois2victinof,domesticViolence,Sexualassault,orstalking.Additionalinformationfoncontractorrequirementsandworkerprotectionsunderthe£0isavailableatinttps://mm.dol.gov/agencies/whd/goverment-contracts.
Unlistedclassificationsneededforworknotincludedwithin‘thescopeoftheclassificationsListedmaybeaddedafterawardonlyasprovidedinthelaborstandardscontractclauses(29ceR5.5(a)(2)(341).

‘Thebodyofeachwagedeterminationliststheclassifications‘andwageratesthathavebeenfoundtobeprevailingforthetype(s)ofconstructionandgeographicareacoveredbythewagedetermination.Theclassificationsarelistedinalphabeticalorderunderrateidentitiersindicatingwhethertheparticularrateisaunionrate(currentunionnegotiatedrate),asurveyrate,aweightedunionaveragerate,astateadoptedrate,orasupplesentalclassificationrate.
UnionRateIdenté¢iers
AAfour-letteridentifierbeginningwithcharactersotherthan“rsu"","*UAVG"*,25A2,or2SC?denotesthataunionratewasprevailingforthatclassificationinthesurvey.Example:PLUM@198-0057/01/2024.PLUMisanidentifieroftheunionwhosecollectivelybargainedrateprevailedinthesurveyforthisclassification,whichinthisexasplewouldbePluabers.0198indicatesthelocalunionnuaberordistrictcouncilumberwhereapplicable,i.e.,PlumbersLocal0198.Thenextrusber,@05intheexanple,isaninternalnunberusedinProcessingthewagedetermination.Thedate,07/01/2024intheexample,istheeffectivedateoftheaostcurrentnegotiatedrate.

UnionprevailingwageratesareupdatedtoreflectallchangesovertimethatarereportedtoWHOintheratesinthecollectivebargainingagreement(CBA)governingtheclassification.
UnionAverageRateIdentifiers
‘TheUAVGidentifierindicatesthatnosinglerateprevailedforthoseclassifications,butthat10a%ofthedatareportedfortheclassificationsreflectedunionrates.EXAMPLE:\UAVG-0H-00101/81/2824.UAVGindicatesthattherateis@weightedunionaveragerate.OMindicatestheStateofOhio.Thenextnumber,@818intheexanple,isaninternalnuaber
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usedinproducingthewagedetermination.Thedate,01/01/2026Antheexample,indicatesthedatethewagedeterminationwasupdatedtoreflectthemostcurrentunionaveragerate.
‘AUAVGratewillbeupdatedonceayear,usuallyinJanuary,toreflectaweightedaverageofthecurrentratesinthecollectivebargainingagreementsonwhichtherateisbased.
SurveyRateIdentifiers

The “*Su"*identifierindicatesthateitherasinglenon-unionrateprevailed(asdefinedin29CFR1.2)forthisClassificationinthesurveyorthattheratewasderivedbycomputingaweightedaverageratebasedonalitheratesreportedinthesurveyforthatclassification.asaweightedaveragerateincludesallatesreportedinthesurvey,itmayincludebothunionandnon-unionrates.Example:SUFL2022-0076/27/2026.SUindicatestherateis2singlenon-unionprevailingrateoraweightedaverageofSurveydataforthatClassification,FLindicatestheStateofFlorida.2022istheyearofthesurveyonwhichtheseclassificationsandratesarebased.Thenextnumber,@07intheexaeple,isaninternalrusberusedinproducingthewagedetermination.Thedate,6/27/2024intheexample,indicatesthesurveyCompletiondatefortheclassificationsandratesunderthatidentifier.
2SU?wageratestypicallyremainineffectuntilanewsurveyisconducted.However,theWageandHourDivision(WD)hastheGiscretiontoupdateSuchratesunder29CFR1.6(c)(2).
StateAdoptedRateIdentifiers

‘The""SA™"identifierindicatesthattheclassificationsandprevailingwageratessetbyastate(orlocal)governmentwereadoptedunder29C.F.R1.3(g)-(h).Example:SAME2023-00701/03/2024.SAreflectsthattheratesarestateadopted.MEreferstotheStateofMaine.2023istheyearduringwhichthestatecompletedthesurveyonwhichthelistedclassificationsidratesarebased.Thenextnumber,@@7intheexample,isanAnternalnusberusedinproducingthewagedetermination.Thedate,91/03/2024intheexample,reflectsthedateonwhich‘theclassificationsandratesunder‘the2SA?identifiertookeffectunderstatelawAnthestatefromwhichtherateswereadopted.

WAGEDETERMINATIONAPPEALSPROCESS
1)Hastherebeenaninitialdecisioninthematter?Thiscanbe:
a)2surveyunderlyingawagedetermination) anexistingpublishedwagedetermination€)aninitialWHOlettersettingforthapositionon2wagedeterminationmatter4)aninitialconforsance(additionalclassification‘andrate)detersination
onsuoveyrelatedmatters,initialcontact,includingrequestsforsumariesofsurveys,shouldbedirectedtotheKHOSranchOfWageSurveys.Requestscanbesubmittedviaemailtodavisbaconinfo@dol.govorbymailto:
BranchofWageSurveysWageandHourDivisionU.S.DepartmentofLabor200ConstitutionAvenue,NW.Washington,Oc20210
Regardinganyotherwagedeterminationmattersuchasconformancedecisions,requestsforinitialdecisionsshouldbeGirectedtotheWHOBranchofConstructionKageDeterminations.RequestscanbesubmittedviaemailtoSCHD-OFFiceBdol.govorbymailto:
BranchofConstructionWageDeterminationsWageandHourDivisionU.S.DepartmentofLabor200ConstitutionAvenue,NW.Washington,Oc20210

2)Ifaninitialdecisionhasbeenissued,thenanyinterested
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party(thoseaffectedbytheaction)thatdisagreeswiththeGecisioncanrequestreviewandreconsigerationfromtheWageandHourAdsinistrator(See29CFRPart1.8and23CFRPart7).Requestsforreviewandreconsiderationcanbesubaittedviafenailtodba.reconsiderationgdol.govonbymailto:
WageandHourAdainistratorU.S.DepartmentofLabor260ConstitutionAvenue,NalWashington,0c20210

Therequestshouldbeaccompaniedbyafullstatenentoftheinterestedparty'spositionandanyinformation(wagepaymentGata,projectdescription,areapracticematerial,etc.)that‘thePequestorconsidersrelevanttotheissue.
3)IfthedecisionoftheAdministratorisnotfavorable,aninterestedpartymayappealdirectlytotheAdministrativeReviewBoard(FormerlytheWageAppealsBoard).writeto:
AdministrativeReviewBoardU.S.DepartmentoFLabor200ConstitutionAvenue,NW.Washington,0c20220.

ENDOFGENERALDECISION”
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Exhibit K - Federal Labor Standards Provisions13.
Federal Labor Standards ProvisionsU.S. Department of Housingand Urban DevelopmentOffice of Labor Relations
Previous editions are obsolete Page 1 of 5form HUD-4010(06/2009)ref. Handbook 1344.1
ApplicabilityThe Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers.(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and(2) The classification is utilized in the area by the construction industry; and(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part
Previous editions are obsoletePage 2 of 5form HUD-4010(06/2009)ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the W age and Hour Division Web site at ht tp:/ /ww w .dol .gov /esa/w hd/forms /w h347i ns tr.htmor its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the W age and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:(1)That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
Previous editions are obsoletePage 3 of 5form HUD-4010(06/2009)ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(ii)(b).(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.(iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by theEmployment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by
Previous editions are obsoletePage 4 of 5form HUD-4010(06/2009)ref. Handbook 1344.1
the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph.7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.8. Compliance with Davis-Bacon and Related Act Requirements.All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.(ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration transactions”, provides in part: “W hoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.”11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contractare applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
Previous editions are obsoletePage 5 of 5form HUD-4010(06/2009)ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract W ork Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000.(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.(2)The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq.(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
Exhibit L - Intentionally Omitted14.
Exhibit M - Intentionally Omitted15.
Exhibit N - DCHA Section 3 Requirements16.
Exhibit O - HUD Form 5307 - General Conditions for Construction Contract - Public Housing Programs17.

U.S.DepartmentofHousingandUrbanDevlopmentOfficeofPublicandIndianHousing‘OMBApprovalNo.2577-0157(exp.11/30/2023)
General ConditionsforConstruction
Contracts- PublicHousingPrograms

‘Applicability.Thisformisapplicabletoany
construction/developmentcontractgreaterthan$150,000.
Publicreportingburdenforthiscollectionofinformationisestimatedtoaverage1hour.Thisincludesthetimeforcollecting,reviewing,andreporting
thedata,Theinformationrequestedisrequiredtoobtainabenefit.ThisformincludesthoseclausesrequiredbyOMB'scommonruleongrantee
procurement,implementedatHUDin2CFR200,andthoserequirementssetforthinSection3oftheHousingandUrbanDevelopmentActof1968andits
amendmentbytheHousingandCommunityDevelopmentActof1992,implementedbyHUDat24CFRPart135.Theformisrequiredforconstruction
contractsawardedbyPublicHousingAgencies(PHAS).TheformisusedbyHousingAuthoritiesinsolicitationstoprovidenecessarycontractclauses.
Iftheformwerenotused,PHASwouldbeunabletoenforcetheircontracts..Therearenoassurancesofconfidentiality.HUDmaynotconductor
sponsor,andanapplicantisnotrequiredtorespondtoacollectionofinformationunlessitdisplaysacurrentlyvalidOMBcontrolnumber.

Clause Page Clause Page
1] Dettons z ea| ContractorsResponsibilityforWork 2 [25| ContractPeriod o'3.__[Architect'sDuties,ResponsibiltiesandAuthority 2__|26._|OrderofPrecedence 3
4.__|OtherContracts 3_[ 27.| Payments 3oO EP e | ContractModiicatons 0
S| PreconstructionConferenceandNoticetoProceed 3_| 29,_|Changes: 06.| ConstructionProgressSchedule '3_[-30._|SuspensionofWork ci7._|SiteInvestigationandConditionsAffectingtheWork ‘3 [31]Disputes it'&._|DifferingSiteConditions. 4 [32]Default 1‘8.| SpecficationsandDrawingsforConstruction 4_[33._|Liquidated 210-_|As-BuiltDrawings 5_| 34.| TerminationofConvenience: 12,711._|MatenalandWorkmanship 5 | 35.__|AssignmentofContract 2.12._|PermitsandCodes 5 | 36.__|Insurance 1213._|Health,Safety,andAccidentPrevention 6 | 37._|Subcontracis 13“TemporaryBuildingsandTransportationMaterials ‘8B —| SubcontractingwithSmallandMinorlyFirms,Women’s| 8BusinessEnterprise,andLaborSurplusAreaFims.15.| AvailabiltyandUseofUtilityServices 6_[ 38. EqualEmploymentOpportunity 13‘B_| ProtectionofExistingVegetation,Structures, “@| Employment,Training,andContractingOpportunitieswEquipment,Utities,andImprovements. 6 forLow-IncomePersons,Section3oftheHousingandUrbanDevelopmentActof19687_|TemporaryBuildingsandTransportationMaterials 7 [41 interestofMembersofCongress 5‘8 [CleanAirandWater ‘ZT interestofMembers,Officers,orEmployeesand| ©FormerMembers,Officers,orEmployees79._|EnergyEfficiency 7_|43.—_[LimitationsonPaymentsMadetoInfluence 520._|InspectionandAcceptanceofConstruction 7_| 44.| RoyaltiesandPatents 15.21._|[UseandPossessionPriorto a (45. minationan na rs 15.22_|WarrantyofTitle ‘8| 46.__|LaborStandards-Davis-Baconand RelatedActs 1523._|Warrantyof ‘8| 47.| Non-FederalPrevailingWageRates 1924.| ProhibitionAgainst ‘9 [48.—|ProcurementofRecovered 18Liens Materials
Previouseditionsareobsolet PageToto TormHUD-5370(014)ReplacesformHUD-5370-A

41.Definitions
(2)‘Architect’meansthepersonorotherentityengagedbythePHAtoperformarchitectural,engineering,design,andotherservicesrelatedtotheworkasprovidedforinthecontract,WhenaPHAusesanengineertoactinthis,capacity,theterms“architect”and‘engineer’shallbesynonymous.TheArchitectshallserveasatechnicalrepresentativeoftheContractingOfficer.TheArchitectsauthorityisassetforthelsewhereinthiscontract.(©)‘Contract’meansthecontractenteredintobetweenthePHAandtheContractor.ItincludestheformsofBid,theBidBond,thePerformanceandPaymentBondorBondsorotherassuranceofcompletion,theCertifications,Representations,andOtherStatementsofBidders(formHUD-5370),theseGeneralConditionsoftheContractforConstruction(formHUD-5370),theapplicablewageratedeterminationsfromtheU.S.DepartmentofLabor,any‘specialconditionsincludedelsewhereinthecontract,thespecifications,anddrawings.Itincludesallformalchangestoanyofthosedocumentsbyaddendum,cchangeorder,orothermodification.(©)"ContractingOfficer’meansthepersondelegatedtheau-thoritybythePHAtoenterinto,administer,and/orterminatethiscontractanddesignatedassuchinwritingtotheContractor.ThetermincludesanysuccessorContractingOfficerandanydulyauthorizedrepresentativeoftheContractingOfficeralsodesignatedinwriting.TheContractingOfficershallbedeemedthe‘authorizedagentofthePHAinalldealingswiththeContractor(@)‘Contractor’meansthepersonorotherentityenteringintothecontractwiththePHAtoperformalloftheworkrequiredunderthecontract.(@)‘Drawings’meansthedrawingsenumeratedinthescheduleofdrawingscontainedintheSpecificationsand{asdescribedinthecontractclauseentitledSpecificationsandDrawingsforConstructionherein,( HUD”meanstheUnitedStatesofAmericaactingthroughtheDepartmentofHousingandUrbanDevelopmentincludingtheSecretary,oranyotherpersondesignatedtoactonitsbehalf.HUDhasagreed,subjecttotheprovisionsofan‘AnnualContributionsTermsandConditions(ACC),toprovidefinancialassistancetothePHA,whichincludesassistanceinfinancingtheworktobeperformedunderthiscontract.As definedelsewhereinthese General
Conditionsorthecontractdocuments,thedeterminationofHUDmayberequiredoauthorizechangesinthework0forreleaseoffundstothePHAforpaymenttotheContractor.NotwithstandingHUD'sroe,nothinginthiscontractshallbeconstruedtocreateanycontractualrelationshipbetweentheContractorandHUD.(@)“Project”meanstheentieproject,whetherconstructionoFrehabilitation,theworkforwhich isprovidedforin
holeorinpartunderthiscontract(b)"PHA"meansthePublicHousingAgencyorganizedunderapplicablestatelaweswhichisapartytothis,contrac.()"Specications*meansthewrittendescriptionofthe{echnicalrequirementsforconstructionandincludesthecriteriaandtestsfordeterminingwhethertherequirementsaremet,(I)"Work"means materials,workmanship,and manufacture
andfabricationofcomponents,
2.Contractor'sResponsibilityforWork
Previouseditionsareobsolete PagezarioReplacesformHUD-5370-A
(a)TheContractorshallfurnishallnecessarylabor,materials,tools,equipment,andransporationnecessaryforperformanceofthework.TheContractorshallalso
furishallnecessarywater,heat,ight,andpowernotmadeavaiabletotheContractorbythePHApursuanttotheclauseentitedAvailabiltyandUseofUtityServicesrere(b)The Contractorshallperformon the site,and withitsown
organization,work equivalenttoatleast{— ](12percent.Unlessotherwiseindicated)ofthetotalamountofworktobeperformedundertheorder.Thispercentagemaybereducedbyasupplementalagreementtothisorderif,duringperformingthework,theContractorrequestsa
reductionandtheContractingOfficerdeterminesthatthereductionwoulbetotheadvantageofthePHA.(c)Atalltimesduringperformanceof thiscontractand until
theworkiscompletedand accepted,theContractorshall
directlysuperintendtheworkorassignandhaveontheworksiteacompetentsuperintendentwhoissatisfactorytotheContractingOffcerandhasauthoriytoactfortheContractor(d)The Contractorshallbe responsibleforalldamages to
personsorpropertythatoccurasaresultoftheContractor'sfaultornegligence,and shalltakeproper
safetyand healthprecautionstoprotectthe work,the
workers,thepublic,and thepropertyofothers.The
ContractorshalloidandsavethePHA,isofficesandagents,freeand harmlessfromliabilityofany nature
accasionedbytheContractorsperformance.TheContractorshallalsoberesponsibleforallmaterialsdeliveredandworkperformedunticompletionandacceptanceoftheentirework,exceptforanycompletedunitofworkwhich may havebeen acceptedunderthe
contact(e)TheContractorshalllayouttheworkfrombaselinesandbenchmarksindicatedonthedrawingsandberesponsibleforalllines,levels,and measurementsofall
Workexecutedunderthecontract.TheContractorshallverifythefiguresbeforelayingoutthework and willbe
heldresponsibleforanyerorresultingfromtsfaluretodoso.(f)The Contractorshallconfinealloperations(including
storageofmaterials)onPHApremisestoareas,authorizedorapprovedbytheContractingOffice.(@)TheContractorshalatallmesKeeptheworkarea,includingstorageareas,freefromaccumulationsofwastematerials.Aftercompletingtheworkandbeforefinalinspection,theContractorshall(1)remove fromthe
premisesallscaffolding,equipment,tools,andmaterials{includingrejectedmaterials)thatarenotthepropertyof‘thePHA and allrubbishcausedby itswork;(2)leavethe
workareainalean,neat,andorderycondition‘satisfactorytotheContractingOfficer,(3)performalll
spectedtests;and,(4)delivertheinstallationincompeteandoperatingcondition(h)The Contractor'sresponsibilitywillterminatewhen all
workhasbeencompleted,thefinalinspectionmade,andtheworkacceptedbytheContractingOfficer.TheContractorwilthenbereleasedfromfurtherobigationexceptas requiredby thewarrantiesspecifiedelsewhere
inthecontract.

3.Architect'sDuties,Responsibilities,andAuthority
(@)TheArchitectforthiscontract,andanysuccessor,shallbedesignatedinwritingbytheContractingOfficer.
TermHUD-S370(2014)

(b)TheArchitectshallserveastheContractingOfficer'stechnicalrepresentativewithrespecttoarchitectural,‘engineering,anddesignmattersrelatedtotheworkperformedunderthecontract.TheArchitectmayprovidedirectiononcontractperformance.Suchdirectionshallbewithinthescopeofthecontractandmaynotbeofanaturewhich:(1)institutesadditionalworkoutsidethe‘scopeofthecontract;(2)constitutesachangeasdefined,intheChangesclauseherein;(3)causesanincreaseordecreaseinthecostofthecontract;(4)alterstheConstructionProgressSchedule;or(5)changesanyoftheotherexpresstermsorconditionsofthecontract.(c)TheArchitect'sdutiesandresponsibiltiesmayincludebutshallnotbelimitedto:(1)Makingperiodicvisitstotheworksite,andonthebasisofhis/heron-siteinspections,issuingwrittenreportstothePHAwhichshallincludeallobserveddeficiencies.TheArchitectshallfileacopyofthereportwiththeContractor'sdesignatedrepresentativeatthesite;(2)Makingmodificationsindrawingsandtechnical‘specificationsandassistingtheContractingOfficerinthepreparationofchangeordersandothercontract,‘modificationsforissuancebytheContractingOfficer,(8)Reviewingandmakingrecommendationswithrespectto-(i)theContractor'sconstructionprogress‘schedules;(i)theContractor'sshopanddetalled‘drawings;(ji)themachinery,mechanicalandother‘equipmentandmaterialsorotherarticlesproposedforusebytheContractor,and,(v)theContractor'spricebreakdownandprogresspaymentestimates;

and,(4)Assistingininspections,signingCertificatesofCompletion,andmakingrecommendationswithrespecttoacceptanceofworkcompletedunderthecontract.
4.OtherContracts,
‘ThePHAmayundertakeorawardothercontractsforadditionalworkatornearthesiteoftheworkunderthiscontract.TheContractorshallfullycooperatewiththeothercontractorsandwithPHAemployeesandshallcarefullyadaptschedulingandperformingtheworkunderthiscontracttoaccommodatetheadditionalwork,heedinganydirectionthatmaybeprovidedbytheContractingOfficer.TheContractorshallnotcommitorpermitanyact‘thatwillinterferewiththeperformanceofworkbyanyothercontractororbyPHAemployees
ConstructionRequirements
5.Pre-constructionConferenceandNoticetoProceed
(a)Withintencalendardaysofcontractexecution,andprior‘tothecommencementofwork,theContractorshallattendapreconstructionconferencewithrepresentativesofthePHA,itsArchitect,andotherinterestedparties,convenedbythePHA.Theconferencewillservetoacquainttheparticipantswiththegeneralplanoftheconstructionoperationandallotherrequirementsofthecontract.ThePHAwillprovidetheContractorwiththedate,time,andplaceoftheconference.(b)ThecontractorshallbeginworkuponreceiptofawrittenNoticetoProceedfromtheContractingOfficerordesignee.TheContractorshallnotbeginworkpriortoreceivingsuchnotice.
PreviouseditionsareobsoleteReplacesformHUD-5370-A Pagesorio
6.ConstructionProgressSchedule
(2)TheContractorshall,withinfivedaysaftertheworkcommencesonthecontractoranotherperiodoftimedeterminedbytheContractingOfficer,prepareand‘submittotheContractingOfficerforapprovalthreecopiesofapracticablescheduleshowingtheorderinwhichtheContractorproposestoperformthework,andthedates‘onwhichtheContractorcontemplatesstartingandcompletingtheseveralsalientfeaturesofthework(includingacquiringlabor,materials,andequipment).TheScheduleshallbeintheformofaprogresschartof‘Suitablescaletoindicateappropriatelythepercentageof‘workscheduledforcompletionbyanygivendateduringtheperiod.IftheContractorfailstosubmitaschedulewithinthetimeprescribed,theContractingOfficermaywithholdapprovalofprogresspaymentsortakeotherremediesunderthecontractuntitheContractorsubmitstherequiredschedule.(b)TheContractorshallentertheactualprogressonthechartasrequiredbytheContractingOfficer,andimmediatelydeliverthreecopiesoftheannotatedscheduletotheContractingOrfcer.IftheContractingOfficerdetermines,uponthebasisofinspectionConductedpursuanttotheclauseentitledInspectionand‘AcceptanceofConstruction,hereinthattheContractoris‘notmeetingtheapprovedschedule,theContractorshalltakestopsnecessarytoimproveitsprogress,includingthosethatmayberequiredbytheContractingOfficer,‘withoutadditionalcosttothePHA.Inthiscircumstance,theContractingOfficermayrequiretheContractortoincreasethenumberofshifts,overtimeoperations,dayscofwork,and/ortheamountofconstructionplant,andto‘submitforapprovalanysupplementaryscheduleorschedulesinchartformastheContractingOfficerdeemsnecessarytodemonstratehowtheapprovedrateofprogresswillberegained.(c)FailureoftheContractortocomplywiththerequirementsoftheContractingOfficerunderthisclauseshallbe‘groundsforadeterminationbytheContractingOfficerthattheContractorisnotprosecutingtheworkwithsufficientdiligencetoensurecompletionwithinthetime‘specifiedintheContract.Uponmakingthisdetermination,theContractingOfficermayterminatetheContractor'srighttoproceedwiththework,orany‘separablepartofit,inaccordancewiththeDefaultclauseofthiscontract,
7.SiteInvestigationandConditionsAffectingtheWork
(2)TheContractoracknowledgesthatithastakenstepsreasonablynecessarytoascertainthenatureandlocationofthework,andthatIthasinvestigatedandsatisfieditselfa tothegeneralandlocalconditionswhichcanaffectthe‘workoritscost,includingbutnotlimitedto,(1)conditions.bearingupontransportation,disposal,handling,and‘storageofmaterials;(2)theavailabiltyoflabor,water,‘electricpower,androads;(3)uncertaintiesofweather,riverstages,tides,orsimilarphysicalconditionsatthesite;(4)theconformationandconditionsoftheground;and(6)thecharacterofequipmentandfacilitiesneededpreliminarytoandduringworkperformance.TheContractoralsoacknowledgesthatithassatisfieditselfastothecharacter,quality,andquantityofsurfaceandsubsurfacematerialsorobstaclestobeencountered.Insofarasthisinformationis
TermHUD-S370(2014)

reasonablyascertainablefromaninspectionofthesite,includingallexploratoryworkdonebythePHA,aswellasfromthedrawingsandspecificationsmadeapartofthiscontract,AnyfailureoftheContractortotaketheactionsdescribedandacknowledgedinthisparagraphwillnotrelievetheContractorfromresponsibiltyfor‘estimatingpropertythediffcultyandcostofsuccessfullyperformingthework,orforproceedingtosuccessfullyperformtheworkwithoutaddtionalexpensetothePHA.(b)ThePHAassumesnoresponsibiltyforanyconclusionsorinterpretationsmadebytheContractorbasedontheinformationmadeavailablebythePHA.NordoesthePHAassumeresponsibiltyforanyunderstandingreachedorrepresentationmadeconcerningconditionswhichcanaffecttheworkbyanyofitsofficersoragentsbeforetheexecutionofthiscontract,unlessthatLnderstandingorrepresentationisexpresslystatedinthiscontract.
8,DifferingSiteConditions
(2)TheContractorshailpromptly,andbeforetheconcitionsaredisturbed,giveawritennoticetotheContractingOfficerof(1)subsurfaceorlatentphysicalconditionsatthesitewhichdiffermateriallyfromthoseindicatedinthiscontract,ot(2)unknownphysicalconditionsatthesite(s),ofanunusualnature,whichdiffermateriallyfromthoseordinarilyencounteredandgenerallyrecognizedasinheringinworkofthecharacterprovidedforinthecontract(6)TheContractingOrfcershalinvestigatethesiteConditionspromptlyafterreceivingthenotice.Workshallnotproceedattheaffectedsite,exceptattheContractor’risk,untitheContractingOfficerhasprovidedwritteninstructionstotheContractor.IftheConditionsdomateriallysodifferandcauseanincreaseordecreaseintheContractor'scostof,orthetimerequiredfor,performinganypartoftheworkunderthiscontract,whetherornotchangedasaresultoftheconditions,theContractorshalfleaclaiminwritingtothePHAwithintendaysafterreceiptofsuchinstructionsand,inanyevent,beforeproceedingwiththework.An‘equitableadjustmentinthecontractprice,thedeliveryschedule,orbothshallbemadeunderthisclauseand‘thecontractmodifiedinwitingaccordingly.(6)NorequestbytheContractorforanequitableadjustmenttothecontractunderthisclauseshallbeallowed,unlesstheContractorhasgiventhewritennoticerequired;provided,thatthetimeprescribedin(a)aboveforgiving‘writtennoticemaybeextendedbytheContractingOfcer.(@)NorequestbytheContractorforanequitableadjustmenttothecontractfordifferingsiteconditionsshallbeallowedifmadeafterfinalpaymentunderthiscontract.
9,SpecificationsandDrawingsforConstruction
(@)TheContractorshallkeepontheworksiteacopyofthedrawingsandspecificationsandshallatalltimesgivetheContractingOfficeraccessthereto.Anythingmentionedinthespecificationsandnotshownonthedrawings,orshownonthedrawingsandnotmentionedinthespecifications,shallbeoflikeeffectasifshownor‘mentionedinboth.Incaseofdifferencebetweendrawingsandspecifications,thespecificationsshallgovern.Incaseofdiscrepancyinthefigures,inthedrawings,orinthespecifications,themattershallbe
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promptlysubmittedtotheContractingOfficer,whoshallpromptlymake@determinationinweting.AnyadjustmentbytheContractorwithoutsuchadeterminationshallbeatitsownriskandexpense.TheContractingOficershallfurnishfromtimetotimesuchdetalleddrawingsandotherinformationasconsiderednecessary,unlessotherwiseprovided,(b)Whereverinthespecificationsoruponthedrawingsthewords‘directed’,required’,‘ordered’,“designated”,‘prescribed’,orwordsoflkeimportareused,itshalbeUnderstoodthatthe“direction”,requirement’,“order,“designation’or‘rescription”oftheContractingOfficerisintendedandsimilarlythewords"approved’,"accepiable’,“satisfacton’,orwordsofikeimportshallmean‘approvedby’,or“acceptableto"or*BatisfactorytotheContractingOfficer,unlessotherwiseexpresslystated(c)Where“asshown’‘asindicated”,‘asdetailed’,orwordsOfsimilarimportareused,itshalbeunderstoodthatthereferenceismadetothedrawingsaccompanyingthisContractunlessstatedotherwise.Theword“provided”asUsedhereinshallbeunderstoodtomean‘providecompleteinpiace”thatisfunishedandinstalled’.(6)‘Shopdrawings"meansdrawings,submitiedtothePHAbytheContractor,subcontractor,oranylowertier‘subcontractor,showingindetail(1)theproposedfabricationandassemblyofstructuralelementsand(2)theinstalation(Le,form,ft,andattachmentdetails)ofmaterialsofequipment.Itincludesdrawings,diagrams,layouts,schematics,descriptiveliterature,ilustrations,scheduies,performanceandtestdata,andsinilarmaterialsfurnishedbytheContractortoexplainindetailspecificportionsoftheworkrequiredbythecontract.ThePHAmayduplicate,use,anddiscloseinanymannerand‘oranypurposeshopdrawingsdeliveredunderthiscontract

(©)thiscontractrequiresshopdrawings,theContractorshallcoordinateallsuchdrawings,andreviewthemforaccuracy,completeness,andcompliancewithothercontractrequirementsandshallindicateitsapprovalthereonasevidenceofsuchcoordinationandreview.ShopdrawingssubmittedtotheContractingOfficerwithoutevidenceoftheContractorsapprovalmaybereturnedforresubmission.TheContractingOfficerwillindicateanapprovalordisapprovaloftheshopdrawingsandifnotapprovedassubmittedshallindicatethePHA'sreasonstherefore.AnyworkdonebeforesuchapprovalshallbeattheContractor'srisk.ApprovalbytheContractingOfficershalnotrelievethe Contractorfromresponsiblyforanyerrorsoromissionsinsuch‘drawings,norfromresponsibiltyforcomplyingwiththerequirementsofthiscontract,exceptwithrespecttovariationsdescribedandapprovedinaccordancewith(f)below.(0Ifshopdrawingsshowvariationsfromthecontractrequirements,theContractorshaldescribesuchVariationsinwriting,separatefromthedrawings,atthe‘imeofsubmission.IftheArchitectapprovesanysuchvariationandtheContractingOfficerconcurs,theContractingOfficershallissueanappropriatemodificationtothecontract,exceptthat,ifthevariationis‘minorordoesnotinvolveachangeinpriceorintimeofperformance,amodificationneednotbeissued.(g)ItshallbetheresponsibiltyoftheContractortomaketimelyrequestsofthePHAforsuchlargescaleandfull‘sizedrawings,colorschemes,andotheradcitionalinformation,notalreadyinhispossession,whichshallbe

TomHUD-S370(2014)

requiredintheplanningandproductionofthework.Suchrequestsmaybesubmittedastheneedarises,buteach‘suchrequestshallbefiledinampletimetopermitappropriateactiontobetakenbyallpartiesinvolvedsoa8toavoiddelay.(h)TheContractorshallsubmittotheContractingOfficerforapprovalfourcopies(unlessotherwiseindicated)ofall‘shopdrawingsascalledforunderthevariousheadingsofthesespecifications.Threesets(unlessotherwiseindicated)ofallhopdrawings,willberetainedbythePHAandonesetwillbereturnedtotheContractor.AsrequiredbytheContractingOfficer,theContractor,uponcompletingtheworkunderthiscontract,shallfurishacompletesetofallshopdrawingsasfinallyapproved.Thesedrawingsshallshowallchangesandrevisionsmadeuptothetimetheworkiscompletedandaccepted,()Thisclauseshallbeincludedinallsubcontractsatanytier.ItshallbetheresponsibiltyoftheContractortoensurethatallshopdrawingspreparedbysubcontractorsaresubmittedtotheContractingOfficer.
10.As-BuiltDrawings
(2)"As-builtdrawings,"asusedinthisciause,means<rawingssubmittedbytheContractororsubcontractoratanytiertoshowtheconstructionofaparticularstructure‘orworkasactuallycompletedunderthecontract.“As-buitdrawings"shallbesynonymouswith“Recorddrawings.”(b)AsrequiredbytheContractingOfficer,theContractorshallprovidetheContractingOfficeraccurateinformationtobeusedinthepreparationofpermanentas-built‘drawings.Forthispurpose,theContractorshallrecordonConesetofcontractdrawingsallchangesfromtheinstallationsoriginallyindicated,andrecordfinallocationsofundergroundlinesbydepthfromfinishgradeandbyaccuratehorizontaloffsetdistancestopermanentsurfaceimprovementssuchasbuildings,curbs,oredgesofwalks,()Thisclauseshallbeincludedinallsubcontractsatanytier.ItshallbetheresponsibiltyoftheContractortoensurethatallas-builtdrawingspreparedbysubcontractorsaresubmittedtotheContractingOfficer.
11.MaterialandWorkmanship
(2)Allequipment,material,andarticlesfumishedunderthiscontractshallbenewandofthemostsutablegradeforthepurposeintended,unlessotherwisespecificallyprovidedinthiscontract.Referencesinthecontractto‘equipment,material,articles,orpatentedprocessesby‘radename,make,orcatalognumber,shallberegardedasestablishingastandardofqualityandshallnotbeconstruedaslimitingcompetion.TheContractormay,atitsoption,useanyequipment,material,aricl,orprocessthat,inthejudgmentof,andasapprovedbytheContractingOfficer,isequaltothatnamedinthespecifications,unlessotherwisespecificallyprovidedinthiscontract.(0)Approvalofequipmentandmaterials(1)TheContractorshallobiaintheContractingOfficer's‘approvalofthemachineryandmechanicalandotherequipmenttobeincorporatedintothework.Whenrequestingapproval,theContractorshallfurnishtotheContractingOfficerthenameofthemanufacturer,the‘modelnumer,andotherinformationconcemingtheperformance,capacity,nature,andratingofthe

PreviouseditionsareobsoleteReplacesformHUD-5370-A Pagesori9
‘machineryandmechanicalandotherequipment.When requiredby thiscontractorby theContracting
Officer,theContractorshalalsoobtaintheContractingOfficer'sapprovalofthematerialoraiticleswhichtheContractorcontemplates,incorporatingntothework.Whenrequestingapproval,theContractorshalllprovidefullinformation
‘concerningthematerialorarticles.Machinery,equipment,material,andarticlesthatdonothavetherequiredapprovalshallbeinstalledorusedattheriskofsubsequentrejection.(2)When requiredby thespecificationsorthe
ContractingOffcer,theContractorshallsubmitappropriatelymarked samples (and certificates
relatedtothem)forapprovalattheContractor's
‘expense,withallshippingchargesprepaid.TheContractorshallabel,orotherwisepropertymarkonthecontainer,thematerialorproductrepresented,itsplaceoforigin,thenameoftheproducer,theContractorsname,andtheidentificationoftheConstructionprojectforwhichthematerialorproductisintendedtobeused.(3)Certificatesshallbe submittedintriplicate,describing
‘eachsamplesubmittedforapprovalandcertifyingthatthematerial,equipmentoraccessorycomplieswithcontractrequirements.Thecerficatesshallincludethename and brandof the product,name of
‘manufacturer,andhelocationwhereproduced.(4)Approvalofasampleshallnotconstituteawaiverof‘thePHA righttodemand fullcompliancewithcontract
requirements.Materials,equipmentand accessories
may be rejectedforcauseeventhoughsampleshave
beenapproved.
(5)Wherever materialsarerequiredtocomplywith
recognizedstandardsorspecifications,such‘specificationsshallbe acceptedas establishingthe
technicalqualitiesand testingmethods,butshallnot
governthenumberoftestsrequiredtobemadenor‘modifyothercontractrequirements,TheContractingOfficermayrequitelaboratorytestreportsonemssubmittedforapprovalormayapprovematerialsonthebasisofdatasubmitedincerifcateswithsamples.Check testswillbe made on materials:
deliveredforuseonlyas frequentlyas theContracting.
Officerdeterminesnecessarytoinsurecomplianceof‘materialswiththespecifications.TheContractorwill‘assumealcostsofretestingmaterialswhichfilto‘meetcontractrequirementsandiortestingmaterials,offeredinsubstitutionforthosefounddeficient.(6)Afterapproval,sampleswillbe keptintheProject
‘officeuntilcompletionofwork.Theymaybebuiltntothework aftera substantialquantityofthe materials
theyrepresenthasbeen builtinand accepted.
(c)Requirementsconcerninglead-basedpaint.TheContractorshallcomplywiththerequirementsconcerninglead-basedpaintcontainedintheLead-BasedPaintPoisoningPreventionAct(42U.S.C.4821-4846)asimplementedby24CFRPart35.
12,PermitsandCodes
(@)TheContractorshallgiveallnoticesandcomplywithallapplicablelaws,ordinances,codes,rulesandregulations.NotwithstandingtherequirementoftheContractorto‘complywiththedrawingsandspecificationsinthecconiract,allworkinstalledshallcomplywithallapplicable‘codesandregulationsasamendedbyany
TermHUD-S370(2014)

waivers.Beforeinstallingthework,theContractorshall‘examinethedrawingsandthespecificationsforcompliancewithapplicablecodesandregulationsbearingontheworkandshallimmediatelyreportanydiscrepancyitmaydiscovertotheContractingOfficer.‘Wheretherequirementsofthedrawingsand‘specicationsfailtocomplywiththeapplicablecodeorregulation,theContractingOfficershallmadithecontractbychangeorderpursuanttotheclauseentitledChangeshereintoconformtothecodeorregulation(b)TheContractorshallsecureandpayforallpermits,fees,andlicensesnecessaryfortheproperexecutionand‘completionofthework,WherethePHAcanarrangefortheissuanceofallorpartofthesepermits,feesandlicenses,withoutcosttotheContractor,thecontract,amountshallbereducedaccordingly.
13.Health,Safety,andAccidentPrevention
(@)Inperformingthiscontract,theContractorshall:(1)Ensurethatnolaborerormechanicshallberequiredtoworkinsurroundingsorunderworkingconditionswhichareunsanitary,hazardous,ordangeroustohis/herhealthandlorsafetyasdeterminedunderconstructionsafetyandhealthstandardspromulgatedbytheSecretaryofLaborbyregulation;(2)Protectthelives,health,andsafetyofotherpersons;(3)Preventdamagetoproperty,materials,supplies,andequipment;and,(4)Avoidworkinterruptions.(0)Forthesepurposes,theContractorshall(1)Complywithregulationsandstandardsissuedbythe‘SecretaryofLaborat29CFRPart1926.Failureto‘complymayresultinimpositionofsanctionspursuanttotheContractWorkHoursandSafetyStandardsAct(PublicLaw91-54,83Stat.96),40U.S.C.3701et‘seq.;and(2)Includethetermsofthisclauseineverysubcontract‘0thatsuchtermswillbebindingoneach

‘maintainanaccuraterecordof‘exposuredataonallaccidentsincidenttoworkperformedunderthiscontractresultingindeath,traumaticinjury,‘occupationaldisease,ordamagetoproperty,materials,supplies,orequipment,andshallreportthisdatainthemannerprescribedby29CFRPart1904(@)TheContractingOfficershallnotifytheContractorofanynoncompliancewiththeserequirementsandofthecorrectiveactionrequired.Thisnotice,whendeliveredtotheContractorortheContractor'srepresentativeatthesiteofthework,shallbedeemedsufficientnoticeofthenoncomplianceandcorrectiveactionrequired.Afterreceivingthenatice,theContractorshallimmediatelytakecorrectiveaction.IftheContractorfailsorrefusestotakecorrectiveactionpromptly,theContractingOfficermayissueanorderstoppingallorpartoftheworkuntil‘satisfactorycorrectiveactionhasbeentaken.TheContractorshallnotbaseanyclaimorrequestfor‘equitableadjustmentforadditionaltimeormoneyonanystoporderissuedunderthesecircumstances.(©)TheContractorshallberesponsibleforitssubcontractors’‘compliancewiththeprovisionsofthisclause.TheContractorshalltakesuchactionwithrespecttoanysubcontractasthePHA,theSecretaryofHousingandUrbanDevelopment,ortheSecretaryofLaborshalldirect2sameansofenforcingsuchprovisions.
PreviouseditionsareobsoleteReplacesformHUD-5370-A Pagesario
14,TemporaryHeating
‘TheContractorshallprovideandpayfortemporaryheating,covering,andenclosuresnecessarytoproperlyprotectallworkandmaterialsagainstdamageby‘dampnessandcold,todryoutthework,andtofacilitatethecompletionofthework.Anypermanentheating‘equipmentusedshallbeturnedovertothePHAintheconditionandatthetimerequiredbythespecifications.

15,AvailabiltyandUseofUtilityServices
(a)ThePHAshallmakeallreasonablyrequiredamountsofuliltiesavailabletotheContractorfromexistingoutlets.andsupplies,asspecifiedinthecontract.Unlessotherwiseprovidedinthecontract,theamountofeachutltyserviceconsumedshallbechargedtoorpaidforbytheContractoratprevailingrateschargedtothePHAor,‘wheretheutltyisproducedbythePHA,atreasonableratesdeterminedbytheContractingOfficer.TheContractorshallcarefullyconserveanyutitiesfurnishedwithoutcharge.(b)TheContractor,atitsexpenseandinamannersatisfactorytotheContractingOfficer,shallinstallandmaintainallnecessarytemporaryconnectionsanddistributionlines,andallmetersrequiredtomeasuretheamountofeachutilityusedforthepurposeofdeterminingcharges.BeforefinalacceptanceoftheworkbythePHA,theContractorshallremoveallthe‘temporaryconnections,distributionlines,meters,andassociatedparaphernal

16.ProtectionofExistingVegetation,Structures,Equipment,Utlities,andImprovements
(2)TheContractorshallpreserveandprotectallstructures,equipment,andvegetation(suchastrees,shrubs,and{grass)onoradjacenttotheworksite,whicharenottoberemovedunderthiscontract,andwhichdonotunreasonablyinterferewiththeworkrequiredunderthiscontract,(b)TheContractorshallonlyremovetreeswhenspecificallyauthorizedtodoso,andshallavoiddamagingvegetationthatwillremaininplace.Ianylimbsorbranchesoftreesarebrokenduringperformanceofthiscontract,orbythecarelessoperationofequipment,orbyworkmen,theContractorshalltrimthoselimbsorbrancheswithacleancutandpaintthecutwithatree-pruningcompoundas.directedbytheContractingOfficer.()TheContractorshallprotectfromdamageallexistingimprovementsandutilities(1)atorneartheworksiteand(2)onadjacentpropertyofathirdparty,thelocationsof‘whicharemadeknowntoorshouldbeknownbytheContractor.Priortodisturbingthegroundattheconstructionsite,theContractorshallensurethatallUndergroundutityinesareclearlymarked.(@)TheContractorshallshoreup,brace,underpin,secure,andprotectasnecessaryallfoundationsandotherpartsofexistingstructuresadjacentto,adjoining,andinthevicinityofthesite,whichmaybeaffectedbythe‘excavationsorotheroperationsconnectedwiththeconstructionoftheproject.(@)AnyequipmenttemporarilyremovedasaresultofworkUnderthiscontractshallbeprotected,cleaned,andreplacedinthesameconditionasatthetimeofawardofthiscontract.
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( Newworkwhichconnectstoexistingworkshall‘correspondinallrespectswiththattowhichitconnectsandlorbesimilartoexistingworkunlessotherwiserequiredbythespecications.(@)Nostructuralmembersshallbealteredorinanyway‘weakenedwithoutthewrittenauthorizationoftheContractingOfficer,unlesssuchworkisclearlyspecifiedintheplansorspecifications.(h)Iftheremovaloftheexistingworkexposesdiscoloredorunfinishedsurfaces,orworkoutofalignment,such‘surfacesshallberefinished,orthematerialreplacedas,necessarytomakethecontinuousworkuniformandharmonious.This,however,shallnotbeconstruedtorequiretherefinishingorreconstructionofdissimilarfinishespreviouslyexposed,orfinishedsurfacesingoodCondition,butindifferentplanesorondifferentlevels‘whenbroughttogetherbytheremovalofintervening‘work,unlesssuchrefinishingorreconstructionisspecifiedintheplansorspecifications.()TheContractorshallgiveallrequirednoticestoanyadjoiningoradjacentpropertyownerorotherpartybeforethecommencementofanywork.()TheContractorshallindemnifyandsaveharmlessthePHAfromanydamagesonaccountofsettlementorthelossoflateralsupportofadjoiningproperty,anydamagesfromchangesintopographyaffectingdrainage,andfromalllossorexpenseandalldamagesforwhichthePHAmaybecomeliableinconsequenceofsuchinjuryor‘damagetoadjoiningandadjacentstructuresandtheir

premises.(TheContractorshallrepairanydamagetovegetation,structures,equipment,utilities,orimprovements,includingthosethatarethepropertyofa thirdparty,resultingfromfailuretocomplywiththerequirementsofthiscontractorfailuretoexercisereasonablecareinperformingthework.IftheContractorfailsorrefusestorepairthedamagepromptty,theContractingOfficermayhavethenecessaryworkperformedandchargethecosttotheContractor.

17.TemporaryBuildingsandTransportationofMaterials
(a)Temporarybuildings(e.g.,storagesheds,shops,offices,
sanitaryfacilities)anditiesmaybeerectedbytheContractoronlywiththeapprovaloftheContractingOficerandshallbebuiltwthlaborandmaterials{urishedbytheContractorwithoutexpensetothePHA“ThetemporarybuidingsandutitesshallremainthepropertyoftheContractorandshallberemovedbytheContractorattsexpenseuponcompletionoftheworkWiththewrittenconsentoftheContractingOfficer,the
buildingsandutilesmaybeabandonedandneednotberemoved,(b)TheContractorshall,asdirectedbytheContractingOfficer,useonlyestablishedroadways,orusetemporaryroadwaysconsiructedbytheContractorwhenandasauthorizedby theContractingOfficer.When materialsare
‘transportedinprosecutingthework,vehiclesshallnotbeloadedbeyondtheloadingcapacityrecommended by the
manufacturerofthevehicleorprescribedbyanyfederal,slate,0locallaworregulation.WhenitisnecessarytoCrosscurbsorsidewalks,theContractorshallprotectthem‘fromdamage.TheContractorshallrepairorpayfortherepairofanydamagedcurbs,sidewalks,orroads.
18,CleanAirandWater
PreviouseditionsareobsoleteReplacesformHUD-5370-A
‘ThecontactorshallcomplywiththeCleanAirAct,asamended,42USC7401etseq.,theFederalWaterPollutionControlWaterAct,asamended,33U.S.C.1251‘etseq.,andstandardsissuedpursuanttheretointhefaclitiesinwhichthiscontractistobeperformed.
18.EnergyEfficiency
TheContractorshallcomplywithmandatorystandardsandpoliciesrelatingtoenergyefficiencywhicharecontainedintheenergyconservationplanissuedincompliancewiththeEnergyPolicyandConservationAct(Pub.L.94-163)fortheStateinwhichtheworkunderthecontractisperformed.
20.InspectionandAcceptanceofConstruction
(@)Definitions.Asusedinthisclause-(1)“Acceptance”meanstheactofanauthorizedrepresentativeofthePHAbywhichthePHAapprovesandassumesownershipoftheworkperformedunderthiscontract.Acceptancemaybepartialorcomplete,(2)‘Inspection’meansexaminingandtestingthework‘performedunderthecontract(including,when‘appropriate,rawmaterials,equipment,components,andintermediateassemblies)todeterminewhetheritconformstocontractrequirements.(@)"Testing"meansthatelementofinspectionthatdeterminesthepropertiesorelements,includingfunctionaloperationofmaterials,equipment,ortheircomponents,bythe applicationofestablishedscientificprinciplesandprocedures.(b)TheContractorshallmaintainanadequateinspectionsystemandperformsuchinspectionsaswillensurethattheworkperformedunderthecontractconformstocontractrequirements.AllworkissubjecttoPHAinspectionandtesta allplacesandatallreasonabletimesbeforeacceptancetoensurestrictcompliancewiththetermsofthecontract.(©)PHAinspectionsandtestsareforthesolebenefitofthePHAanddonot:(1)relievetheContractorofresponsibiltyforprovidingadequatequalitycontrolmeasures;(2)relievetheContractorofresponsibiltyforlossordamageofthematerialbeforeacceptance;(3)Constituteorimplyacceptance:or,(4)affecttheContinuingrightsofthePHAafteracceptanceoftheCompletedworkunderparagraph()below.(@)ThepresenceorabsenceofthePHAinspectordoesnotrelievetheContractorfromanycontractrequirement,noristheinspectorauthorizedtochangeanytermorconditionofthespecificationswithouttheContractingOfficer'swritenauthorization.AllinstructionsandapprovalswithrespecttotheworkshallbegiventotheContractorbytheContractingOfficer.(©)TheContractorshallpromptlyfurnish,withoutadditionalcharge,allfacilities,labor,andmaterialreasonablyneededforperformingsuchsafeandconvenientinspectionsandtestsasmayberequiredbytheContractingOfficer.ThePHAmaychargetotheContractoranyadditionalcostofinspectionortestwhenworkisnotreadyatthetimespecifiedbytheContractor,{orinspectionortest,orwhenpriorrejectionmakesreinspectionorretestnecessary.ThePHAshallperformallinspectionsandtestsinamannerthatwillnotunnecessarilydelaythework.Special,fllsize,andperformancetestsshallbeperformedasdescribedinthecontract.

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(ThePHAmayconductroutineinspectionsoftheconstructionsteonadallybasis.(@)TheContractorshall,withoutcharge,replaceorcorrect‘workfoundbythePHAnottoconformtocontractrequirements,unlessthePHAdecidesthatitisinitsinteresttoaccepttheworkwithanappropriateagjustmentincontractprice.TheContractorshallpromptlysegregateandremoverejectedmaterialfromthepremises.(h)IftheContractordoesnotpromptlyreplaceorcorrect‘ejectedwork,thePHAmay(1)bycontractorotherwise,replaceorcorrecttheworkandchargethecosttotheContractor,or(2)terminatefordefaulttheContractorsrighttoproceed.(0Ifanyworkrequiringinspectioniscoveredupwithoutap-provalofthePHA,itmust,ifequestedbytheContractingOfficer,beuncoveredattheexpenseoftheContractor.Ifatanytimebeforefinalacceptanceoftheentirework,thePHAconsidersitnecessaryoradvisable,toexamine‘workalreadycompletedbyremovingortearingitout,theContractor,shallonrequest,promptlyfurnishallnecessaryfacies,labor,andmaterial.Ifsuchworkis‘oundtobedefectiveornonconforminginanymaterialrespectduetothefaultoftheContractororits‘subcontractors,theContractorshalldefrayallthe‘expensesoftheexaminationandofsatisfactoryreconstruction.If,however,suchworkisfoundtomeettherequirementsofthecontract,theContractingOfficershallmakeanequitableadjustmenttocoverthecostoftheexaminationandreconstruction,including,ifcompletionoftheworkwastherebydelayed,anextensionoftime.()TheContractorshallnotitytheContractingOfficer,writing,28tothedatewhenintsopinionalloradesignatedportionoftheworkwillbesubstantiallyCompletedandreadyforinspection.IftheArchitectdeterminesthatthestateofpreparednessis2srepresented,thePHAwillpromptlyarrangefortheinspection.Unlessotherwisespecifiedinthecontract,thePHAshallaccept,assoonaspracticableaftercompletionandinspection,ailworkrequiredbythecontractorthatportionoftheworktheContractingOfficerdeterminesanddesignatescanbeacceptedseparately.Acceptanceshallbefinalandconclusiveexceptforlatentdefects,fraud,‘9r0ssmistakesamountingtofraud,orthePHA'srightUnderanywarrantyorguarantee.

21,UseandPossessionPriortoCompletion
(a)ThePHAshallhavetherighttotakepossessionoforuseanycompletedorpartiallycompletedpartofthework.Beforetakingpossessionoforusinganywork,theContractingOfficershallfurnishtheContractoralistofitemsofworkremainingtobeperformedorcorrectedonthoseportionsoftheworkthatthePHAintendstotakePossessionoforuse.However,failureoftheContractingOfficertolistanyiterofworkshallnotrelievetheContractorofresponsibiltyforcomplyingwiththetermsofthecontract.ThePHA’spossessionoruseshallnotbedeemedanacceptanceofanyworkunderthecontract.(b)WhilethePHAhassuchpossessionoruse,theContractorshallberelievedoftheresponsibiltyfor(1)thelossofordamagetotheworkresultingfromthePHA'spossessionoruse,notwithstandingthetermsoftheClauseentitledPermitsandCodesherein;(2)allmaintenancecostsontheareasoccupied;and,(3)furnishingheat,ight,power,andwaterusedintheareas,
Previouseditionsareobsolete PagesorioReplacesformHUD-5370-A
‘occupiedwithoutproperremunerationtherefore.IfpriorpossessionorusebythePHAdelaystheprogressofthe‘workorcausesadditionalexpensetotheContractor,an‘equitableadjustmentshallbemadeinthecontractpricecrthetimeofcompletion,andthecontractshallbemodifiedinwritingaccordingly.
22,WarrantyofTitle
‘TheContractorwarrantsgoodtitletoallmaterials,‘supplies,andequipmentincorporatedintheworkand.agreestodeliverthepremisestogetherwithallimprovementsthereonfreefromanyclaims,liensorcharges,andagreesfurtherthatneitheritnoranyotherperson,firmorcorporationshallhaveanyrighttoalien‘uponthepremisesoranythingappurtenantthereto.
23,WarrantyofConstruction
{@)Inadaitiontoanyotherwarrantiesinthiscontract,theContractorwarrants,exceptasprovidedinparagraph()ofthisclause,thatworkperformedunderthiscontractConformstothecontractrequirementsandisfreeofanydefectinequipment,material,orworkmanshipperformedbytheContractororanysubcontractororsupplieratany‘ir.Thiswarrantyshallcontinueforaperiodof(oneyearunlessotherwiseindicated)fromthedateoffnalacceptanceofthework.IfthePHAtakespossessionofanypartoftheworkbeforefinalacceptance,thiswarranty‘shallcontinueforaperiodof(oneyearunlessotherwiseindicated)fromthedatethatthePHAtakes

possession.(b)TheContractorshallremedy,attheContractor'sexpense,anyfailuretoconform,oranydefect.Inaddition,theContractorshallremedy,attheContractor'sexpense,anydamagetoPHA-ownedorcontrolledrealorpersonalpropertywhenthedamageistheresultof—(1)TheContractorsfailuretoconformtocontractrequire-ments;or(2)Anydefectsofequipment,material,workmanshipor‘designfurnishedbytheContractor.(¢)TheContractorshallrestoreanyworkdamagedin{ulfllingthetermsandconditionsofthisclause.TheContractor'swarrantywithrespecttoworkrepairedorreplacedwillrunfor(oneyearunlessotherwiseindicated)fromthedateofrepairorreplacement.(@)TheContractingOfficershallnotifytheContractor,inwriting,withinareasonabletimeafterthediscoveryofanyfailure,defectordamage.(©)IftheContractorfallstoremedyanyfailure,defect,or‘damagewithinareasonabletimeafterreceiptofnotice,thePHAshallhavetherighttoreplace,repairorotherwiseremedythefailure,defect,ordamageattheContractor'sexpense.(fWithrespecttoallwarranties,expressorimplied,from‘subcontractors,manufacturers,orsuppliersforworkPerformedandmaterialsfumishedunderthiscontract,theContactorshal(1)Obtainallwarrantiesthatwouldbegiveninnormal‘commercialpractice;(2)Requireallwarrantiestobeexecutedinwriting,forthebenefofthePHA;and,(3)EnforceallwarrantiesforthebenefitofthePHA.(@)IntheeventtheContractor'swarrantyunderparagraph{a)ofthisclausehasexpired,thePHAmaybringsuitatitsownexpensetoenforceasubcontractor’,‘manufacturer'sorsupplier'swarranty.
TermHUD-S370(2014)

(h)UnlessadefectscausedbythenegligenceoftheContractororsubcontractororsupplieratanyter,theContractorshallnotbeliablefortherepairofanydefectof‘materialordesignfunishedbythePHAnorfortherepairofanydamagethatresultsfromanydefectinPHAfumishedmaterialordesign.(i)Notwithstandinganyprovisionshereintothecontrary,the‘establishmentofthetimeperiodsinparagraphs(a)and(c)aboverelateoniytothespecificobligationoftheContractortocorrectthework,andhavenorelationshiptothetimewithinwhichitsobligationtocomplywiththeContractmaybesoughttobeenforced,nortothetimewithinwhichproceedingsmaybecommencedtoestablishtheContractor’liabilitywithrespecttoitsobligationotherthanspecificallytocorrectthework.()ThiswarrantyshallnotmitthePHA'srightsundertheInspectionandAcceptanceofConstructionclauseofthiscontractwithrespecttolatentdefects,grossmistakesorfraud.
24,ProhibitionAgainstLiens,
‘TheContractorisprohibitedfromplacinga lienonthePHA'sproperty.Thisprohibitionshallapplytoall‘subcontractorsatanytierandallmaterialssuppliers.
AdministrativeRequirements
25,ContractPeriod
thiscontractwithin calendardaysoftheeffectivedateofthecontract,orwithinthetimescheduleestablishedinthenoticetoproceedissuedbytheContractingOfficer.
26.OrderofProvisions
IntheeventofaconflictbetweentheseGeneralConditionsandtheSpecifications,theGeneralConditionsshallprevail.Intheeventofaconfictbetweenthecontractandanyapplicablestateorlocallaworregulation,thestateorlocallaworregulationshallprevail;providedthatsuchstateorlocallaworregulation‘doesnotconflictwith,orislessrestrictivethanapplicablefederallaw,regulation,orExecutiveOrder.Intheeventof‘suchaconflict,applicablefederallaw,regulation,andExecutiveOrdershallprevail.
27.Payments
(@)ThePHAshallpaytheContractorthepriceasprovidedin,thiscontract.(©)ThePHAshallmakeprogresspaymentsapproximately‘every30daysastheworkproceeds,onestimatesof‘workaccomplishedwhichmeetsthestandardsofquality‘establishedunderthecontract,asapprovedbytheContractingOfficer.ThePHAmay,subjecttowritten‘determinationandapprovaloftheContractingOfficer,makemorefrequentpaymentstocontractorswhicharQualifiedsmallbusinesses.(c)Beforethefirstprogresspaymentunderthiscontract,theContractorshallfurnish,insuchdetailasrequestedbytheContractingOfficer,abreakdownofthetotalcontractPriceshowingtheamountincludedthereinforeachprincipalcategoryofthework,whichshallsubstantiatethepaymentamountrequestedinordertoprovidea

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basisfordeterminingprogresspayments.ThebreakdownshallbeapprovedbytheContractingOfficerandmustbeacceptabletoHUD.Ifthecontractcoversmorethanoneproject,theContractorshallfurnishaseparatebreakdownforeach,Thevaluesandquantitiesemployedinmakingupthisbreakdownarefordeterminingthe‘amountofprogresspaymentsandshallnotbeconstrued‘asabasisforadditionstoordeductionsfromthecontract,price.TheContractorshallprorateitsoverheadandprofit‘overtheconstructionperiodofthecontract.(@)TheContractorshallsubmit,onformsprovidedbythePHA,periodicestimatesshowingthevalueoftheworkperformedduringeachperiodbasedupontheapproved
submittednotlaterthan daysinadvanceofthedatesetforpaymentandaresubjecttocorrectionandrevisionasrequired.TheestimatesmustbeapprovedbytheContractingOfficerwiththeconcurrenceoftheArchitectpriortopayment.Ithecontractcoversmorethanoneproject,theContractorshallfurnisha‘separateprogresspaymentestimateforeach.(@)Alongwitheachrequestforprogresspaymentsandtherequiredestimates,theContractorshallfumishthe{followingcertification,orpaymentshallnotbemade:|herebycertify,tothebestofmy knowledgeandbelief,tat(1)Theamountsrequestedareonlyforperformancein‘accordancewiththespecifications,terms,and‘conditionsofthecontract;(2)Paymentstosubcontractorsandsuppliershavebeen‘madefrompreviouspaymentsreceivedunderthe‘contract,andtimelypaymentswillbemadefromtheproceedsofthepaymentcoveredbythiscertification,inaccordancewithsubcontractagreements;and,(3)Thisrequestforprogresspaymentsdoesnotinclude‘anyamountswhichtheprimecontractorintendstowithholdorretainfromasubcontractororsupplierinaccordancewiththetermsandconditionsofthe‘subcontract.

Nave
The
Dae
(9ExceptasotherwiseprovidedinStatelaw,thePHAshallretainten(10)percentoftheamountofprogressPaymentsuntilcompletionandacceptanceofalworkUnderthecontract;except,thatifuponcompletionof50,percentofthework,theContractingOfficer,afterConsultingwiththeArchitect,determinesthattheContractor'sperformanceandprogressaresatisfactory,thePHAmaymaketheremainingpaymentsinfullforthe‘worksubsequentlycompleted.IftheContractingOfficersubsequentydeterminesthattheContractor'sperformanceandprogressareunsatisfactory,thePHA‘hallreinstatetheten(10)percent(orotherpercentageasprovidedinStatelaw)retainageuntilsuchtimeastheContractingOfficerdeterminesthatperformanceandprogressaresatisfactory.(@)TheContractingOfficermayauthorizematerialdelivered‘onthesiteandpreparatoryworkdonetobetakenintoConsiderationwhencomputingprogresspayments.
TermHUD-S370(2014)

MaterialdeliveredtotheContractoratlocationsotherthanthesitemayalsobetakenintoconsiderationiftheContractorfurnishessatisfactoryevidencethat(1)ithasacquiredtitletosuchmaterial;(2)thematerialisproperlystoredinabondedwarehouse,storageyard,orsimilarsuitableplaceasmaybeapprovedbytheContractingOfficer,(3)thematerialisinsuredtocoveritsfullvalue;and(4)thematerialwillbeusedtoperformthiscontract.Beforeanyprogresspaymentwhichincludesdeliveredmaterialismade,theContractorshallfurnishsuchdocumentationastheContractingOfficermayrequiretoassuretheprotectionofthePHA’sinterestinsuchmaterials.TheContractorshallremainresponsibleforsuchstoredmaterialnotwithstandingthetransferofttle‘othePHA.(h)Allmaterialandworkcoveredbyprogresspaymentsmadeshall,atthetimeofpaymentbecomethesolepropertyofthePHA,butthisshallnotbeconstruedas(1)relievingtheContractorfromthesoleresponsibiltyforall‘materialandworkuponwhichpaymentshavebeenmadeortherestorationofanydamagedwork;or,(2)waivingtheTightofthePHAtorequirethefulfilmentofallofthetermsofthecontract.IntheeventtheworkoftheContractorhasbeendamagedbyothercontractorsorpersonsotherthan‘employeesofthePHAinthecourseoftheiremployment,theContractorshallrestoresuchdamagedworkwithoutcosttothePHAandtoseekredressfortsdamageonlyfromthosewhodirectlycausedit(0)ThePHAshallmakethefinalpaymentduetheContractorUnderthiscontractafter(1)completionandfinalacceptanceofallwork;and(2)presentationofreleaseofallclaimsagainstthe PHAarisingbyvirtueofthiscontract,otherthanclaims,instatedamounts,thattheContractorhasspecificallyexceptedfromtheoperationoftherelease.Eachsuchexceptionshallembracenomorethanoneclaim,thebasisandscopeofwhichshallbeclearlydefined.Theamountsforsuchexceptedclaimsshallnotbeincludedintherequestforfinalpayment.AreleasemayalsoberequiredoftheassigneeiftheContractorsclaimtoamountspayableunderthiscontract,hasbeenassigned.(Priortomakinganypayment,theContractingOfficermayrequiretheContractortofurnishreceiptsorotherevidenceofpaymentfromallpersonsperformingwork‘andsupplyingmaterialtotheContractor,iftheContractingOfficerdeterminessuchevidenceisnecessarytosubstantiateclaimedcosts.(&)ThePHAshallnot;(1)determineoradjustanyclaimsforpaymentordisputesarisingthereunderbetweentheContractoranditssubcontractorsormaterialsuppliers;or,(2)withholdanymoneysfortheprotectionofthe‘subcontractorsormaterialsuppliers.ThefailureorrefusalofthePHAtowithholdmoneysfromtheContractorshalinnowiseimpairtheobligationsofany‘suretyorsuretiesunderanybondsfurnishedunderthiscontract.
28,ContractModifications
(@)OnlytheContractingOfficerhasauthoritytomodityany{ermorconditionofthiscontrac.Anycontract‘modificationshallbeauthorizedinwriting(b)TheContractingOfficermaymodifythecontractunilaterally(1)pursuanttoaspecificauthorizationstatedinacontractclause(e.g,Changes);or(2)for‘administrativematterswhichdonotchangetherightsor
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responsibilitiesoftheparties(e.g.,changeinthePHA.address).Allothercontractmodificationsshallbeintheformof supplementalagreementssignedbytheContractorandtheContractingOfficer.(c)WhenaproposedmodificationrequirestheapprovalofHUDpriortoitsissuance(e.9..achangeorderthat‘exceedsthePHA'sapprovedthreshold),suchmodificationshallnotbeeffectiveuntitherequiredapprovalisreceivedbythePHA.

29.Changes
(@)TheContractingOfficermay,atanytime,withoutnoticetothesureties,bywrittenorderdesignatedorindicatedtobeachangeorder,makechangesintheworkwithinthegeneralscopeofthecontractincludingchanges:(1)Inthespecifications(includingdrawingsanddesigns);{2)Inthemethodormannerofperformanceofthework;(8)PHA‘urnishedfacilites,equipment,materials,services,ositeo,(4)Directingtheaccelerationintheperformanceofthework.(b)Anyotherwrittenorderororalorder(which,asusedinthisparagraph(b),includesdirection,instruction,interpretation,ordetermination)fromtheContractingOfficerthatcausesachangeshallbetreatedasachangeorderunderthisclause;provided,thattheContractorgivestheContractingOfficerwrittennoticestating(1)thedate,circumstancesandsourceoftheorderand(2)thattheContractorregardstheorderas@changeorder.(c)Exceptasprovidedinthisclause,noorder,statementorConductoftheContractingOfficershalbetreatedaschangeunderthisclauseorentitletheContractortoanequitableadjustment.(@IfanychangeunderthisclausecausesanincreaseordecreaseintheContractor’costof,orthetimerequired‘ortheperformanceofanypartoftheworkunderthiscontract,whetherornotchangedbyanysuchorder,theContractingOfficershallmakeanequitableadjustmentandmodifythecontractinwrting.However,exceptforaadjustmentbasedondefectivespecifications,noproposal‘oranychangeunderparagraph(b)aboveshallbeallowedforanycostsincurredmorethan20days(5days{ororalorders)beforetheContractorgiveswrittennoticeasrequired.InthecaseofdefectivespecificationsforwhichthePHAisresponsible,theequitableadjustmentshallincludeanyincreasedcostreasonablyincurredbytheContractorinattemptingtocomplywiththedefectivespecifications.(©)TheContractormustassertsrighttoanadjustmentunderthisclausewithin30daysafter(1)receiptofa‘writenchangeorderunderparagraph(a)ofthisclause,or2)thefurnishingofawrittennoticeunderparagraph(b)ofthisclause,bysubmittingawritenstatementdescribingthegeneralnatureandtheamountoftheproposal.Ifthefactsjustiit,theContractingOfficermay‘extendtheperiodforsubmission.Theproposalmaybeincludedinthenoticerequiredunderparagraph(b)above.NoproposalbytheContractorforanequitableadjustmentshallbeallowedifassertedafterfinalPaymentunderthiscontract.( TheContractor'swnittenproposalforequitableadjustmentshallbesubmittedintheformofalumpsumproposalsupportedwithanitemizedbreakdownofallincreasesanddecreasesinthecontractinatleastthefollowingdetails:

TermHUD-S370(2014)

(1)DirectCosts.Materials(istindividualitems,thequantityandunitcostofeach,andtheaggregatecost);Transportationanddeliverycostsassociatedwithmaterials;Laborbreakdownsbyhoursorunitcosts(identifiedwithspecificworktobeperformed);Constructionequipmentexclusivelynecessaryforthechange;Costsofpreparationand/orrevisiontoshopdrawingsresultingfromthechange;Worker's‘CompensationandPublicLiabilityInsurance;EmploymenttaxesunderFICAandFUTA:and,BondCostswhensizeofchangewarrantsrevision.(2)IndirectCosts.Indirectcostsmayincludeoverhead,‘generalandadministrativeexpenses,andfringebenefitsnotnormallytreatedasdirectcosts.(3)Proft.Theamountofproftshallbenegotiatedand‘mayvaryaccordingtothenature,extent,andcomplexityoftheworkrequiredbythechange.TheallowabilityofthedirectandindirectcostsshallbedeterminedinaccordancewiththeContractCostPrinciplesandProceduresforCommercialFirmsinPart31oftheFederalAcquisitionRegulation(48CFR1-31),asimplementedbyHUDHandbook2210.18,ineffectonthedateofthiscontract.TheContractorshallnotbeallowedaprofitontheprofitreceivedbyany‘subcontractor.Equitableadjustmentsfordeletedworkshallincludeacreditforprofitandmayincludeacreditforindirectcosts.Onproposalscoveringbothincreasesanddecreasesintheamountofthecontract,theapplicationofindirectcostsandprofitshallbeonthenet-changeindirectcostsfortheContractororsubcontractorperformingthework.(g)TheContractorshallincludeintheproposalitsrequestfortimeextension(ifany),andshallincludesufficientinformationanddatestodemonstratewhetherandtowhatextentthechangewilldelaythecompletionofthecontractinitsentirety.(h)TheContractingOfficershallactonproposalswithin30daysaftertheirreceipt,ornotifytheContractorofthedatewhensuchactionwillbetaken.(i)FailuretoreachanagreementonanyproposalshallbeadisputeundertheclauseentitledDisputesherein.Nothinginthisclause,however,shallexcusetheContractorfromproceedingwiththecontractaschanged.()Exceptinanemergencyendangeringlifeorproperty,no‘changeshallbemadebytheContractorwithouta’prior‘orderfromtheContractingOfficer.
30.SuspensionofWork
(@)TheContractingOfficermayordertheContractorin‘writingtosuspend,delay,orinterruptalloranypartofthe‘workofthiscontractfortheperiodoftimethattheContractingOfficerdeterminesappropriateforthe‘convenienceofthePHA,(6)Iftheperformanceofalloranypartoftheworkis,foranunreasonableperiodoftime,suspended,delayed,orinterrupted(1)byanactoftheContractingOfficerintheadministrationofthiscontract,or(2)bytheContractingOfficersfailuretoactwithinthetimespecified(orwithinareasonabletimeifnotspecified)inthiscontractanadjustmentshallbemadeforanyincreaseinthecostofPerformanceofthecontract(excludingprofit)necessarilycausedbysuchunreasonablesuspension,delay,orinterruptionandthecontractmodifiedinwritingaccordingly.However,noadjustmentshallbemadeUnderthisclauseforanysuspension,delay,orinterruptiontotheextentthatperformancewouldhave

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beensosuspended,delayed,orinteruptedbyanyothercause,includingthefautornegligenceoftheContractorOFforwhichanyequitableadjustmentisprovidedfororexcludedunderanyotherprovisionofthiscontract.(6)claimunderthisclauseshallnotbeallowed(1)foranycostsincurredmorethan20daysbeforetheContractorshallhavenotifiedtheContractingOfficerinwritingoftheactorfailuretoactinvolved(butthisrequirement‘shallnotapplyastoaclaimresultingfromasuspensionorder};and,(2)unlesstheclaim,inanamountstated,isassertedinwritingassoonaspracticableaftertheterminationofthesuspension,delay,orinteruption,butnatlaterthanthedateoffinalpaymentunderthecontract.
31.Disputes
(@)"Claim,asusedinthisclause,meansawrittendemandorwritienassertionbyoneofthecontractingparties,seeking,asamatterofright,thepaymentofmoneyina‘sumcertain,theadjustmentorinterpretationofcontractterms,orotherreliefarisingunderorrelatingtothecontract.Aclaimarisingunderthecontract,unlikeaclaimrelatingtothecontract,isaclaimthatcanberesolvedunderacontractciausethatprovidesforthereliefsoughtbytheclaimant.Avoucher,invoice,orotherroutinerequestforpaymentthatisnotindisputewhen‘submittedisnotaclaim.Thesubmissionmaybeconvertedtoaclaimbycomplyingwiththerequirementsofthisclause,fitsdisputedeitherastoliabiltyoramountorisnotacteduponinareasonabletime.(b)ExceptfordisputesarisingundertheclausesentitledLaborStandards-DavisBaconandRelatedActs,herein,alldisputesarisingunderorrelatingtothiscontract,includinganyclaimsfordamagesfortheallegedbreachthereofwhicharenotdisposedofbyagreement,shallberesolvedunderthiscause.(©)AllclaimsbytheContractorshallbemadeinwritingand‘submittedtotheContractingOfficerforawrittendecision.‘claimbythePHAagainsttheContractorshallbesubjecttoawrittendecisionbytheContractingOrficer.(4)TheContractingOfficershal,within60(unlessotherwiseindicated)daysafterreceiptoftherequest,decidetheclaimornotifytheContractorofthedatebywhichthedecisionwillbemade.(6)TheContractingOfficer'sdecisionshallbefinalunlesstheContractor(1)appealsinwritingtoahigherlevelinthePHAinaccordancewiththePHA'spolicyandprocedures,(2)referstheappealtoanindependentmediatororarbitrator,or(3)filessultinacourtofcompetentjurisdiction.Suchappealmustbemadewithin(30unlessotherwiseindicated)daysafterreceiptoftheContractingOfficer'sdecision.(TheContractorshallproceeddiligentwithperformanceofthiscontract,pendingfinalresolutionofanyrequestforrelief,claim,appeal,oractionarisingunderorrelatingtothecontract,andcomplywithanydecisionoftheContractingOfficer.
32.Default

(a)IftheContractorrefusesorfallstoprosecutethework,oranyseparablepartthereof,withthediligencethatwillinsureitscompletionwithinthetimespecifiedinthis,‘contract,oranyextensionthereof,orfailstocompletessaidworkwithinthistime,theContractingOfficermay,bywrittennoticetotheContractor,terminatetherightto
TermHUD-S370(2014)

proceedwiththework(orseparablepartofthework)thathasbeendelayed.Inthisevent,thePHAmaytakeover‘theworkandcompleteit,bycontractorotherwise,andmaytakepossessionofanduseanymaterials,‘equipment,andplantontheworksitenecessaryfor‘completingthework.TheContractoranditssuretiesshallbeliableforanydamagetothePHAresultingfromtheContractor'srefusalorfailuretocompletetheworkwithinthespecifiedtime,whetherornottheContractor'srighttoproceedwiththeworkisterminated.ThislabiltyincludesanyincreasedcostsincurredbythePHAincompletingthework,(b)TheContractor'srighttoproceedshallnotbeterminatedortheContractorchargedwithdamagesunderthisclauseif—(1)ThedelayincompletingtheworkarisesfromunforeseeablecausesbeyondthecontrolandwithoutthefaultornegligenceoftheContractor.Examplesofsuchcausesinclude(i)actsofGod,orofthepublicenemy,(i)actsofthePHAorothergovernmentalentityineitheritssovereignorcontractualcapacity,(ii)actsofanothercontractorintheperformanceofacontractwiththePHA,(iv)fires,(v)floods,(vi)epidemics,vii)quarantinerestrictions,(vii)strikes,(09freightembargoes,(x)unusuallysevereweather,or(xi)delaysofsubcontractorsorsuppliersatanytierarisingfromunforeseeablecausesbeyondthecontrol‘andwithoutthefaultornegligenceofboththeContractorandthesubcontractorsorsuppliers;and(2)TheContractor,withindays(10daysunlessotherwiseindicated)fromthebeginningofsuchdelay(unlessextendedbytheContractingOfficer)notifiestheContractingOfficerinwritingofthecausesofdelay.TheContractingOfficershallascertainthefactsandtheextentofthedelay.IfinthejudgmentoftheContractingOfficer,thefindingsoffactwarrantsuchaction,timeforcompletingtheworkshallbeextendedbywrittenmodificationtothecontract.ThefindingsoftheContractingOfficershallbereducedtoawriten.decisionwhichshallbesubjecttotheprovisionsoftheDisputesclauseofthiscontract,(©)If,afterterminationoftheContractor'srighttoproceed,itisdeterminedthattheContractorwasnotindefault,orthatthedelaywasexcusable,therightsandobligationsofthepartieswillbethesameasiftheterminationhadbeenforconvenienceofthePHA.

33,LiquidatedDamages.
(@)IftheContractorfailstocompletetheworkwithinthetime‘specifiedinthecontract,oranyextension,asspecifiedintheclauseentitledDefaultofthiscontract,theContractorshallpaytothePHAasliquidateddamages,thesumof8, ContractingOfficerinsertamount]for‘eachdayofdelay.Ifdifferentcompletiondatesarespecifiedinthecontractforseparatepartsorstagesofthe‘work,theamountofliquidateddamagesshallbeassessedonthoseparisorstageswhicharedelayed.TotheextentthattheContractor'sdelayornonperformanceisexcusedunderanotherclauseinthiscontract,liquidateddamagesshallnotbeduethePHA.TheContractorremainsliablefordamagescausedotherthanbydelay(b)IfthePHA terminatestheContractor'srightto proceed,
‘theresultingdamage willconsistofliquidateddamages
untlsuchreasonabletimeasmayberequiredforfal
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‘completionoftheworktogetherwithanyincreasedcosts‘occasionedthePHAincompletingthework.(©)IfthePHAdoesnotterminatetheContractor'srighttoproceed,theresultingdamagewillconsistofliquidateddamagesunttheworkiscompletedoraccepted.
34,TerminationforConvenience
(@)TheContractingOfficermayterminatethiscontractin‘hole,orinpart,whenevertheContractingOfficerdeterminesthatsuchterminationisintheDestinterestofthePHA.AnysuchterminationshallbeeffectedbydeliverytotheContractorofaNoticeofTerminationspecifyingtheextenttowhichtheperformanceofthe‘workunderthecontractisterminated,andthedateupon‘whichsuchterminationbecomeseffective.(b)Iftheperformanceoftheworkisterminated,eitherinwholeorinpart,thePHAshallbeliabletotheContractor{orreasonableandpropercostsresultingfromsuch{terminationuponthereceiptbythePHAofaproperlypresentedclaimsettingoutindetail(1)thetotalcostoftheworkperformedtodateofterminationlessthetotalamountofcontractpaymentsmadetotheContractor;(2)thecost(includingreasonableprofit)ofsettingandpayingclaimsundersubcontractsandmaterialordersfor‘workperformedandmaterialsandsuppliesdeliveredtothesite,paymentforwhichhasnotbeenmadebythePHAtotheContractororbytheContractortothe‘subcontractororsupplier,(3)thecostofpreservingandprotectingtheworkalreadyperformeduntilthePHAorassigneetakespossessionthereoforassumesresponsibiltytherefore;(4)theactualorestimatedcostoflegalandaccountingservicesreasonablynecessarytoprepareandpresenttheterminationclaimtothePHA;and(6)anamountconstitutingareasonableprofitonthevalueoftheworkperformedbytheContractor.(©)TheContractingOfficerwillactontheContractor'sclaimwithindays(60daysunlessotherwiseindicated)ofreceiptoftheContractorsclaim.(@)AnydisputeswithregardtothisclauseareexpresslymadesubjecttotheprovisionsoftheDisputesclauseofthiscontract.
36.AssignmentofContract,
‘TheContractorshallnotassignortransferanyinterestinthiscontract;exceptthatclaimsformoniesdueortobecomeduefromthePHAunderthecontractmaybeassignedtoabank,trustcompany,orotherfinancialinstitution.SuchassignmentsofclaimsshallonlybemadewiththewrittenconcurrenceoftheContractingOfficer.IftheContractorisapartnership,thiscontractshallinuretothebenefitofthesurvivingorremainingmember(s)ofsuchpartnershipasapprovedbytheContractingOfficer.
36.Insurance
(@)Beforecommencingwork,theContractorandeachsubcontractorshallfurnishthePHAwithcertificatesofinsuranceshowingthefollowinginsuranceisinforceandwilinsurealloperationsundertheContract(1)Workers’Compensation,inaccordancewithstateorTerntorialWorkers’Compensationlaws.(2)CommercialGeneralLiabiltywitha combinedsinglelimitforbodilyinjuryandpropertydamageofnotlessthan, [ContractingOfficerinsertamount]
TermHUD-S370(2014)
/ Seller /Seller /Seller
/Seller /Seller /Seller /Seller /Seller

/Seller /Seller

41.InterestofMembersofCongress
NomemberofordelegatetotheCongressoftheUnitedStatesofAmericashallbeadmittedtoanyshareorpartofthiscontractortoanybenefitthatmayarisetherefrom.
42.InterestofMembers,Officers,orEmployeesandFormerMembers,Officers,orEmployees
Nomember,officer,oremployeeofthePHA,nomemberofthegoverningbodyofthelocalityinwhichtheprojectIssituated,nomemberofthegoverningbodyofthelocalityinwhichthePHAwasactivated,andnootherpublicofficialofsuchlocalityorlocalitieswhoexercises:anyfunctionsorresponsibitieswithrespecttotheproject,shall,duringhisorhertenure,orforoneyearthereafter,haveanyinterest,directorindirect,inthiscontractortheproceedsthereof.
43.Limitationson PaymentsmadetoInfluenceCertainFederalFinancialTransactions

(@)TheContractoragreestocomplywithSection1352ofTitle31,UnitedStatesCodewhichprohibitstheuseofFederalappropriatedfundstopayanypersonforInfluencingorattemptingtoinfluenceanofficeror‘employeeofanyagency,aMemberofCongress,andofficeroremployeeofCongress,oranemployeeofaMemberofCongressinconnectionwithanyofthe{followingcoveredFederalactions:theawardingofanyFederalcontract;themakingofanyFederalgrant;themakingofanyFederalloan;theenteringintoofany‘cooperativeagreement;orthemodificationofanyFederalcontract,grant,loan,orcooperativeagreement.(b)TheContractorfurtheragreestocomplywiththerequirementoftheActtofurnishadisclosure(OMBStandardFormLLL,DisclosureofLobbyingActivities)ifanyfundsotherthanFederalappropriatedfunds(includingprofitorfeereceivedundera coveredFederaltransaction)havebeenpaid,orwillbepaid,toanyperson{orinfluencingorattemptingtoinfluenceanofficeror‘employeeofanyagency,aMemberofCongress,anofficeroremployeeofCongress,oranemployeeofaMemberofCongressinconnectionwithaFederalcontract,grant,loan,orcooperativeagreement.
44,RoyaltiesandPatents
‘TheContractorshalpayallroyaltiesandlicensefees.It‘shalldefendallsultsorclaimsforinfringementofanypatentrightsandshallsavethePHAharmlessfromlossonaccountthereof,exceptthatthePHAshallberesponsibleforalluchlosswhenaparliculardesign,processortheproductofaparticularmanufacturerormanufacturersisspecfiedandtheContractorhasnoreasontobelievethatthespecifieddesign,process,orproductianinfringement.If,however,theContractorhasreasontobelievethatanydesign,processorproduct‘specifiedisaninfingementofapatent,theContractorshallpromptlynotitytheContractingOfficer.FailuretosivesuchnoticeshallmaketheContractorresponsible{orresultantoss,
48,ExaminationandRetentionofContractor'sRecords
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(@)ThePHA,HUD,orComptrollerGeneraloftheUnitedStates,oranyoftheirdulyauthorizedrepresentatives,shall,until3yearsafterfinalpaymentunderthiscontract,hhaveaccesstoandtherighttoexamineanyoftheContractor'sdirectlypertinentbooks,documents,papers,orotherrecordsinvolvingtransactionsrelatedtothisContractforthepurposeofmakingaudit,examination,excerpts,andtranscriptions.(b)TheContractoragreestoincludeinfirst-tersubcontractsunderthiscontractaclausesubstantiallythesameasparagraph(a)above.“Subcontract,”asusedinthisclause,excludespurchaseordersnotexceeding$10,000.(c)Theperiodsofaccessandexaminationinparagraphs(a)and(b)aboveforrecordsrelatingto(1)appealsundertheDisputesclauseofthiscontract,(2)ligationorsettlementofclaimsarisingfromtheperformanceofthiscontract,or(3)costsandexpensesofthiscontracttowhichthePHA,HUD,orComptrollerGeneraloranyoftheirdulyauthorizedrepresentativeshastakenexceptionshallContinueuntildispositionofsuchappeals,Itigation,claims,orexceptions.

48,LaborStandards-Davis-BaconandRelatedActs
Ifthetotalamountofthiscontractexceeds$2,000,theFederallaborstandardssetforthintheclausebelowshallapplytothedevelopmentorconstructionworktobeperformedunderthecontract,(@)MinimumWages.(1)AlllaborersandmechanicsemployedunderthisContractinthedevelopmentorconstructionoftheproject(s)involvedwillbepaidunconditionallyandnotlessoffenthanonceaweek,andwithoutsubsequent‘deductionorrebateonanyaccount(exceptsuchpayrolldeductionsasarepermitedbyregulationsissuedbytheSecretaryofLaborundertheCopelandAct(28CFRPart3),thefullamountofwagesandbonafidefringebenefits(orcashequivalentsthereof)dueattimeofpaymentComputedatratesnotlessthanthosecontainedinthewagedeterminationoftheSecretaryofLaborwhichis.attachedheretoandmadeaparthereof,regardlessofanycontractualrelationshipwhichmaybeallegedtoexistbetweentheContractorandsuchlaborersandmechanics.ContributionsmadeorcostsreasonablyanticipatedforbonafdefringebenefitsunderSection4(0)(2)oftheDavis-BaconActonbehalfoflaborersormechanicsareconsideredwagespaidtosuchlaborersormechanics,subjecttotheprovisionsof29CFR5.5(@)(1)v);also,regularcontributionsmadeorcostsincurredformorethanaweeklyperiod(butnotlessoftenthanquarterly)underplans,funds,orprogramswhichcovertheregularweeklyperiod,aredeemedtobeconstructivelymadeorincurredduringsuchweeklyperiod.Suchlaborersandmechanicsshallbepaidtheappropriatewagerateandfringebenefitsinthewagedeterminationfortheclassificationofworkactuallyperformed,withoutregardtokil,exceptasprovidedin29CFR5.5(a)(4).Laborersormechanicsperforming‘workinmorethanoneclassificationmaybecompensatedattheratespecifiedforeachclassificationforthetimeactuallyworkedtherein;provided,thatthe‘employer'spayrollrecordsaccuratelysetforththetimespentineachclassificationinwhichworkisperformed.‘Thewagedetermination(includinganyadditonalclassificationandwageratesconformedunder28CFR5.5(@\1){i)andtheDavis-Baconposter(WH-1321)shall
TermHUD-S370(2014)
bepostedataltimesbytheContractoranditssubcontractorsatthesiteoftheworkinaprominentandaccessibleplacewhereitcanbeeasilyseenbythe‘workers,
{2)())Anyclassoflaborersormechanics,includinghelpers,whichisnotlistedinthewage
determinationandwhichistobeemployedunderthecontractshallbeclassifiedinconformancewiththewagedetermination.HUDshallapproveanadditionalclassificationand wage rateand fringe
benefitsthereforonlywhenallthefolowingcriteriahavebeenmet:(A)Theworktobeperformedbytheclassificationrequestedisnotperformedby a
classificationinthewage determination;and (B)
‘Theclassificationisutilizedintheareaby the
constructionindustry;and(C)Theproposedwagerate,includinganybonafidefringebenefits,bears2reasonablerelationshiptothewagerates,containedinthewage‘determination.(i)IftheContraciorandthelaborersandmechanicstobe employedintheclassification(ifknown),or
thelrrepresentatives,andHUDoriisdesignee‘agreeontheclassificationandwagerate{includingtheamountdesignatedforfringebenefitswhere appropriate),a reportoftheaction
takenshallbe sentby HUD oritsdesigneeto the
‘AdministratoroftheWageandHourDivision,EmployeeStandardsAdministration,U.S.DepartmentofLabor,Washington,DC20210.‘TheAdministrator,oranauthorizedrepresentative,willapprove,modify,ordisapprove‘everyadditionalclassificationactionwithin30daysofreceiptand so adviseHUDor its designeeor will
notifyHUDoritsdesigneewithinthe30-dayperiodthatadditionalimeisnecessary.(iIntheeventtheContractor,thelaborersor‘mechanicstobeemployedintheclassificationortheirrepresentatives,andHUDoritsdesigneedonotagreeontheproposedclassificationandwagerate(includingtheamount designatedforfringe
benefits,where appropriate),HUD oritsdesignee
shallreferthequestions,includingtheviewsofalinterestedpartiesandtherecommendationofHUDoritsdesignee,totheAdministratoroftheWage‘andHourDivisionfordetermination.The‘Administrator,oranauthorizedrepresentative,willissue@determinationwithin30daysofreceiptand‘80adviseHUD oritsdesigneeorwillnotifyHUD or
itsdesigneewithinthe30-dayperiodthatadditionalimeisnecessary.(iv)The wage rate(includingfringebenefitswhere
appropriate)determinedpursuantto
‘subparagraphs(a)(2)ii)or(iii)ofthisclauseshall
bepaidtoallworkersperformingworkintheclassificationunderthiscontractfromthefstday‘onwhichworkisperformedinclassification.(8)Whenevertheminimumwagerateprescribedinthecontractforaclassoflaborersormechanicsincludesafringebenefitwhichisnotexpressedasanhourlyrate,theContractorshalleitherpaythebenefitas
statedinthewagedeterminationorshallpayanotherbonafidefingebenefitoranhourlycashequivalent.thereof.
(4)IftheContractordoesnotmakepaymentstoatrusteeorotherthirdperson,theContractormayconsideraspartofthewagesofanylaborerormechanicthe
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‘amountofanycostsreasonablyanticipatedinprovidingbonafidefringebenefitsunderaplanorprogram;provided,thattheSecretaryofLaborhasfound,uponthewrittenrequestoftheContractor,thattheapplicablestandardsoftheDavis-BaconActhavebeenmet.TheSecretaryofLabormayrequiretheContractortosetasideinaseparateaccountassetsforthemeetingofobligationsundertheplanorprogram.(b)Withholdingoffunds.HUDoritsdesigneeshall,uponits‘ownactionoruponwrittenrequestofanauthorizedrepresentativeoftheDepartmentofLabor,withholdorcausetobewithheldfromtheContractorunderthiscontractoranyotherFederalcontractwiththesameprimeContractor,oranyotherFederally-assistedContractsubjecttoDavis-Baconprevailingwagerequirements,whichisheldbythe sameprimeContractor,somuchoftheaccruedpaymentsoradvancesasmaybeconsiderednecessarytopaylaborersandmechanics,includingapprentices,trainees,andhelpers,employedbytheContractororany‘subcontractorthefullamountofwagesrequiredbythecontract.Intheeventoffailuretopayanylaborerormechanic,includinganyaporentice,trainee,orhelper,‘employedorworkingintheconstructionordevelopmentoftheproject,allorpartofthewagesrequiredbythecontract,HUDoritsdesigneemay,afterwrittennoticeto‘theContractor,takesuchactionasmaybenecessarytocausethesuspensionofanyfurtherpayment,advance,orguaranteeoffundsuntilsuchviolationshaveceased.HUDoritsdesigneemay,afterwrittennoticetotheContractor,disbursesuchamountswithheldforandon‘accountoftheContractororsubcontractortotherespectiveemployeestowhomtheyaredue.(©Payrolsandbasicrecords,(1)Payrolisandbasicrecordsrelatingtheretoshallbe‘maintainedbytheContractorduringthecourseoftheworkandpreservedfora periodofthreeyearsthereafterforalllaborersandmechanicsworkingintheconstructionordevelopmentoftheproject.Suchrecordsshallcontainthename,address,andsocialsecuritynumberofeachsuchworker,hisorhercorrectclassification,hourlyratesofwagespaid{includingratesofcontributionsorcostsanticipatedforbonafidefringebenefitsorcashequivalentsthereofofthetypesdescribedinsection1(b)(2)(B)oftheDavis-BaconAct),dailyandweeklynumberofhoursworked,deductionsmade,andactualwagespaid.WhenevertheSecretaryofLaborhasfound,under29CFR5.5(a)(1)(v),thatthewagesofanylaborerormechanicincludetheamountofcostsreasonablyanticipatedinprovidingbenefitsunderaplanorprogramdescrivedinsection1(b)(2)(B)oftheDavis-BaconAct,theContractorshallmaintarecordswhichshowthatthecommitmenttoprovide‘suchbenefitsisenforceable,thattheplanorprogramisfinanciallyresponsible,andthattheplanorprogramhasbeencommunicatedinwritingtothelaborersormechanicsaffected,andrecordswhichshowthecostsanticipatedortheactualcostincurredinprovidingsuchbenefits.Contractorsemploying‘apprenticesortraineesunderapprovedprogramsshallmaintainwrittenevidenceoftheregistrationof‘apprenticeshipprogramsandcertificationoftraineeprograms,theregistrationoftheapprenticesandtrainees,andtheratiosandwageratesprescribedintheapplicableprograms.

TermHUD-S370(2014)

{2)(TheContractorshallsubmitweeklyforeachweekinwhichanycontractworkisperformedacopyofallpayrollsfotheContractingOfficerfor‘transmissiontoHUDoritsdesignee.Thepayrolls‘submittedshallsetoutaccuratelyandcompletelyalloftheinformationrequiredtobemaintainedundersubparagraph(c)(1)ofthisclause,Thisinformationmaybesubmittedinanyformdesired.‘OptionalFormWH-347(FederalStockNumber(029-006-00014-1)isavailableforthispurposeand‘maybepurchasedfromtheSuperintendentofDocuments,U.S.GovernmentPrintingOffice,Washington,D.C.20402.TheContractorisresponsibleforthesubmissionofcopiesofpayrollsbyallsubcontractors.(ApprovedbytheOfficeofManagementandBudgetunderOMBControlNumber1214-0149.)(i)Eachpayrollsubmittedshailbeaccompaniedbya“StatementofCompliance,”signedbytheContractororsubcontractororhisorheragentwhopaysorsupervisesthepaymentofthepersonsemployedunderthecontractandshallCertifythefollowing{A)Thatthepayrollforthepayrollperiodcontainstheinformationrequiredtobemaintainedunderparagraph(c)(1)ofthisclauseandthat‘suchinformationiscorrectandcomplete;(8)Thateachlaborerormechanic(includingeachhelper,apprentice,andtrainee)employedonthecontractduringthepayrollperiodhasbeenpaidthefullweeklywageseamed,withoutrebate,eitherdirectlyorindirectly,andthatnodeductionshavebeenmadeeitherdirectlyorindirectlyfromthefullwageseamed,otherthanpermissibledeductionsassetforthin29CFRPart3;and(C)Thateachlaborerormechanichasbeenpaidnotlessthantheapplicablewageratesandfringebenefitsorcashequivalentsforthe<lassificationofworkperformed,asspecifiedintheapplicablewagedeterminationincorporatedintothecontract.(ii)TheweeklysubmissionofaproperlyexecutedcertificationsetforthonthereversesideofOptionalFormWH-347shallsatisfythe
makesuchrecordsavailablemaybegroundsfordebarmentactionpursuantto29CFR5.12.(4)(1)Apprentices.Apprenticeswillbepermittedtoworkat
requirementsforsubmissionofthe“StatementofCompliance”requiredbysubparagraph(c)(2)iofthisdause(W)Thefalsicationofanyoftheabovecertifications‘maysubjecttheContractororsubcontractortocivil‘oFcriminalprosecutionunderSection1001ofTile418andSection3728ofTile31oftheUnitedStatesCode.(8)TheContractororsubcontractorshallmaketherecordsrequiredundersubparagraph(c)(1)availableforinspection,copying,ortranscriptionbyauthorizedrepresentativesofHUDoritsdesignee,theContractingOrcer,ortheDepartmentofLaborandshallpermitsuchrepresentativestointerviewemployeesduringworkinghoursonthejob.IftheContractororsubcontractorfastosubmitthefequitedrecordsortomakethemavailable,HUDoritsdesigneemay,aterwrittennoticetotheContractor,takesuchactionasmaybenecessaryto‘causetheSuspensionofanyfurtherpayment,‘advance,orguaranteeoffunds.Furthermore,failuretosubmittherequiredrecordsuponrequestorto
PreviouseditionsareobsoleteReplacesformHUD-5370-A Pagei7or9
lessthanthepredeterminedratefortheworktheyperformedwientheyareemployedpursuanttoandindividuallyregisteredinabonafideapprenticeshipprogramregisteredwiththeU.S.DepartmentofLabor,EmploymentandTrainingAdministration,OfficeofApprenticeshipand Training,Employerand
LaborServices(OATELS),orwithaSlate‘ApprenticeshipAgencyrecognizedbyOATELS,oritapersonisemployedinhisorherfrst90daysofprobationaryemploymentasanapprenticeinsuchanApprenticeshipprogram,whoisnotindividuallyregisteredintheprogram,butwhohasbeencertiiedbyOATELSoraStateApprenticeshipAgency(whereappropriate)tobe eligibleforprobationary
employmentasanapprentice.TheallowableratioofapprenticestojourneymenonthejobsteinanycraftClassificationshallnotbegreaterthantherato,permitedtotheContractora totheentireworkforceundertheregisteredprogram.Anyworkerlistedon@payrolltanapprenticewagerat,whoisnotregisteredorotherwiseemployedasstatedinthisparagraph,shallbepaidnotlessthantheapplicablewagerateonthewagedeterminationfortheclassificationofwork actuallyperformed.Inaddition,
‘anyapprenticeperformingworkonthejobsitinexcessoftheratiopermittedundertheregisteredprogramshallbe paidnotlessthanthe applicable
wagerateonthewagedeterminationfortheworkactuallyperformed.Where a contractorisperforming
Constructiononaprojectinalocalotherthanthatinwhichitsprogramisregistered,theratiosandwagerates(expressedinpercentagesofthejoureymen'shourrte)specifiedintheContractorsorsubcontractorsregisteredprogramshallbeobserved.Everyapprenticemustbepaidatnotlessthantheratespecifiedintheregisteredprogramfortheapprentice'slevelofprogress,expressedas a percentageof the
joureymanhourlyratespeciedintheapplicablewage determination.Apprenticesshallbe paidfringe
beneftsinaccordancewththeprovisionoftheapprenticeshipprogram,Iftheapprenticeshipprogramdoesnotspectyfringebenefits,apprertioesmustbepaldthefulamountoffingebeneflistedonthewagedeterminationfortheapplicableclassification.IttheAdministratoroftheWageandHourDwvisiondeterminesthatadifferentpracticeprevailsfortheapplicableapprenticeclassification,fringesshallbe
paldinaccordancewiththatdetermination.IntheeventOATELS,oraStateApprenticeshipAgencyrecognizedby OATELS, withdrawsapprovalof an
apprenticeshipprogram,theContracorwillnolongerbepermittedtoutlizeapprenticesatessthantheapplicablepredeterminedratefrtheworkperformeduntilan acceptable
programisapproved(2)Trainees.Exceptas providedin29 CFR 5.16,
traineeswilntbepermitedtoworkatlessthanthepredeterminedratefrtheworkperformedunlessthey2areemployedpursuanttoandindvidualyregisteredin'programwhichhasreceivedpriorapproval,evidencedby formalcertificationby theU.S.
DepartmentofLabor,EmploymentandTrainingAdministration,Theraooftraineestojouneymenonthejositeshallnotbegreaterthanpermittedunder
TermHUD-S370(2014)

theplanapprovedbytheEmploymentandTraining‘Administration,Everytraineemustbepaidatnotlessthantheratespecifiedintheapprovedprogramforthetrainee’slevelofprogress,expressedasapercentageofthejourneymanhourlyratespecifiedintheapplicablewagedetermination.Traineesshallbepaid‘ringebenefitsinaccordancewiththeprovisionsofthetraineeprogram.Ifthetraineeprogramdoesnotmentionfringebenefits,traineesshallbepaidthefull‘amountoffringebenefitsistedinthewagedeterminationunlesstheAdministratoroftheWageandHourDivisiondeterminesthatthereisanapprenticeshipprogramassociatedwiththecorrespondingjoumeymanwagerateinthewage{determinationwhichprovidesforlessthanfullfingebenefitsforapprentices.AnyemployeelistedonthepayrollatatraineeratewhoisnotregisteredandparticipatinginatrainingplanapprovedbytheEmploymentandTrainingAdministrationshallbepaid‘notlessthantheapplicablewagerateinthewagedeterminationfortheclassificationofworkactuallyPerformed.Inaddition,anytraineeperformingworkon‘thejobsiteinexcessoftheratiopermittedundertheregisteredprogramshallbepaidnotlessthantheapplicablewageraeinthewagedeterminationfortheworkactuallyperformed.IntheeventtheEmploymentandTrainingAdministrationwithdrawsapprovalofa‘rainingprogram,theContractorwillnolongerbepermittedtoutlizetraineesatlessthantheapplicablepredeterminedratefortheworkperformedUntilanacceptableprogramisapproved.(3)Equalemploymentopportunity.Theutilizationofapprentices,trainees,andjoureymenunderthisclauseshalbeinconformitywiththeequal‘employmentopportunityrequirementsofExecutiveOrder11246,asamended,and29CFRPart30.(e)CompliancewithCopelandActrequirements.TheContractorshallcomplywiththerequirementsof29CFRPart3,whichareherebyincorporatedbyreferenceinthiscontract,(fContracttermination;debarment.AbreachofthiscontractclausemaybegroundsforterminationofthecontractandfordebarmentasaContractorandasubcontractoras.providedin29CFR8.12.(@)CompliancewithDavis-BaconandrelatedActrequirements.AllrulingsandinterpretationsoftheDavis-BaconandrelatedActscontainedin29CFRParts1,3,and§arehereinincorporatedbyreferenceinthiscontract.(h)Disputesconcerninglaborstandards.Disputesarisingoutofthelaborstandardsprovisionsofthisclauseshallnotbesubjecttothegeneraldisputesclauseofthiscontract.SuchdisputesshallberesolvedinaccordancewiththeproceduresoftheDepartmentofLaborsetforthin29CFRParts5,6,and7.DisputeswithinthemeaningofthisclauseincludedisputesbetweentheContractor(oranyofitssubcontractors)andthePHA,HUD,theU.S.DepartmentofLabor,ortheemployeesortheirrepresentatives,()Certificationofeligibility.(1)Byenteringintothiscontract,theContractorcertifiesthatneitherit(norheorshe)noranypersonorfirmwhohasaninterestintheContractor'sfirmisapersonorfirmineligibletobeawardedcontractsbytheUnitedStatesGovernmentbyvirtueofsection'3(a)oftheDavis-BaconActor29CFR5.12(a)(1).
PreviouseditionsareobsoleteReplacesformHUD-5370-A PageIBor9
(2)NopartofthiscontractshallbesubcontractedtoanypersonorfirineligibleforawardofaUnitedStatesGovernmentcontractbyvirtueofsection3(a)oftheDavis-BaconActor29CFR5.12(a)(1).()ThepenaltyformakingfalsestatementsisprescribedintheU.S.CriminalCode,18U.S.C.1001.()ContractWorkHoursandSafetyStandardsAct.Asusedinthisparagraph,theterms“laborers”andmechanics"includewatchmenandguards(1)Overtimerequirements.Nocontractoror‘subcontractorcontractingforanypartofthecontract.workwhichmayrequireorinvolvetheemploymentoflaborersormechanics,includingwatchmenand‘guards,shallrequireorpermitanysuchlaboreror‘mechanicinanyworkweekinwhichtheindividualisemployedonsuchworktoworkinexcessof40hours,insuchworkweekunlesssuchlaborerormechanicreceivescompensationataratenotlessthanoneand‘one-halftimesthebasicrateofpayforallhours,workedinexcessof40hoursinsuchworkweek,(2)Violation;iablityforunpaidwages;iquidateddamages.Intheeventofanyviolationoftheprovisionssetforthinsubparagraph(1)ofthisclause,theContractorandanysubcontractorresponsiblethereforshallbeliablefortheunpaidwages.Inaddition,suchContractorandsubcontractorshallbeliabletotheUnitedStates(inthecaseofworkdoneundercontractfortheDistrict‘ofColumbiaoraterritory,tosuchDistrictortosuchteritory),forliquidateddamages.Suchliquidateddamagesshallbecomputedwithrespecttoeachindividuallaborerormechanic(includingwatchmen‘andguards)employedinviolationoftheprovisionssetforthinsubparagraph(1)ofthisclause,inthe‘sumof$10foreachcalendardayonwhichsuchindividualwasrequiredorpermittedtoworkinexcessofthestandardworkweekof40hourswithoutpaymentoftheovertimewagesrequiredbyprovisionssetforthinsubparagraph()(1)ofthisause.(@)Withholdingforunpaidwagesandliquidated‘damages.HUDoritsdesigneeshalluponitsownactionoruponwrittenrequestofanauthorizedrepresentativeoftheDepartmentofLaborwithholdorcausetobewithheld,fromanymoneyspayableonaccountofworkperformedbytheContractoror‘subcontractorunderanysuchcontractoranyFederalcontractwiththesameprimeContractor,oranyotherFederally-assistedcontractsubjecttothe ContractWorkHoursandSafetyStandardsAct,whichisheldbythesameprimeContractor,suchsumsasmaybedeterminedtobenecessarytosatisfyanyliabilitiesof‘suchContractororsubcontractorforunpaidwagesandliquidateddamagesasprovidedintheprovisionssetforthinsubparagraph()(2)ofthisclause.(&)Subcontracts.TheContractororsubcontractorshallinsertimanysubcontractsalltheprovisionscontainedinthisclause,andsuchotherclausesasHUDoritsdesigneemaybyappropriateinstructionsrequire,andalso@clauserequiringthesubcontractorstoincludetheseprovisionsinanylowertiersubcontracts.TheprimeContractorshallberesponsibleforthecompliancebyanysubcontractororlowertiersubcontractorwithalltheseprovisions.

TermHUD-S370(2014)

47.Non-FederalPrevailingWageRates
(@)Anyprevailingwagerate(includingbasichourlyrateandanyfringebenefits),determinedunderStateortriballaw‘0beprevailing,wthrespecttoanyemployeeinany‘radeorpositionemployedunderthecontract,isinapplicabletothecontractandshallnotbeenforcedagainsttheContractororanysubcontractor,withrespect,toemployeesengagedunderthecontractwhenever‘suchnon-Federalprevailingwagerateexceeds!(1)TheappicablewageratedeterminedbytheSecretary‘ofLaborpursuanttotheDavis-BaconAct(40U.S.C.3141etseq)tobeprevailinginthelocalitywithrespecttosuchtrade;(0)AnapplicableapprenticewageratebasedthereonspecifiedinanapprenticeshipprogramregisteredwiththeU.S.DepartmentofLabor(DOL)or2DOL-recognizedStateApprenticeshipAgency;or(©)AnapplicabletraineewageratebasedthereonspecifiedinaDOL-certfiedtraineeprogram

48,ProcurementofRecoveredMaterials.
(@)InaccordancewithSection6002oftheSolidWasteDisposalAct,asamendedbytheResourceConservationandRecoveryAct.theContractorshallprocureitemsdesignatedinguidelinesoftheEnvironmentalProtection‘Agency(EPA)at40CFRPart247thatcontainthehighestpercentageofrecoveredmaterialspracticable,consistentwithmaintainingasatisfactorylevelofcompetition.TheContractorshallprocureitemsdesignatedintheEPA‘QuidelinesthatcontainthehighestpercentageofrecoveredmaterialspracticableunlesstheContractordeterminesthatsuchitems:(1)renotreasonablyavailablein@reasonableperiodoftime;(2)failtomeetreasonableperformancestandards,whichshallbedeterminedonthebasisoftheguidelinesoftheNationalInstituteofStandardsandTechnology,ifapplicabletotheitem;or(3)ateonlyavailableatanunreasonableprice(b)Paragraph(a)ofthisclauseshallapplytoitemspurchasedunderthiscontractwhere:(1)theContractorpurchasesinexcessof$10,000oftheitemunderthiscontract;or(2)duringtheprecedingFederalfiscalyear,theContractor:()purchasedanyamountoftheitemsforuseunderacontractthatwasfundedwithFederalappropriationsandwaswithaFederalagencyoraStateagencyoragencyofapoliticalsubdivisionofaState;and(i)purchaseda{otalofinexcessof$10,000oftheitembothunderandoutsidethatcontract.

Previouseditionsareobsolete Page19ar19ReplacesformHUD-5370-A TermHUD-S370(2014)
18. Exhibit P - Permits and Approvals
Exhibit P – Permits and ApprovalsThis Exhibit represents the parties' current understanding of the permits and approvals required for the Project, which are subject to modification by applicable jurisdictions and agencies. The Contractor shall use reasonable efforts to notify the Owner of any new requirements, approvals, procedures, or similar changes that may impact the Work, and which the Owner is obligated to secure or provide. Any delays in inspections, approvals, or arising from new procedures pursuant to this provision shall entitle the Contractor to an adjustment of the Contract Time and Contract Sum through a Change Order. 1. Department of Buildings (DOB) Building Permit2. DOB approved complete set of drawings (including architectural, structural, mechanical,electrical, civil, landscaping, etc.)3. Public Space Approvals/Permits for ramp, if required.4. PEPCO approved | stamped Structural Facility Drawings (permanent services, plusOwner’s contributions paid)5. Public Space Construction Permit – Dry Utilities, new conduit to power building (byPEPCO)6. Public Space Occupancy Permit – Dry Utilities, new conduit to power building (byPEPCO)7. Communications (Verizon | Comcast | RCN), Design & Conduits (N/A)8. Work Hours + Site Access – Must be from 7 AM to 7 PM from Monday thru Friday and 8AM to 6 PM on Saturdays9. Certificates of Occupancy (if required)
Date:
Contractor:
Contract Number:
Project Title:
Job/Title/Project No:
Approved Job/Task Order
Amount:
Name of Contractor
(Subcontractor/Supplier) Role Trade Certification(s) Certification#
Planned Contract
Amount ($) Planned %
Actual Contract
Amount ($) Actual %
Admiral Construction Subcontractor Flooring M/W/S/CBE LSDZRVE52279062025 188,149.00$ 5% -$ 0%
Alpha Security Subcontractor Security M/W/S/CBE LSDZ63672062026 258,684.00$ 7% -$ 0%
A. Wash & Associates Subcontractor Electrical M/S/CBE LSZXR61329042025 97,300.00$ 2% 0%
F&L Construction Subcontractor Site Preparation/ExcavationM/S/CBE LSDX44535042028 74,336.00$ 2% 0%
HRGM Corporation Subcontractor Roofing M/S/CBE LSZXR59945072027 72,924.00$ 2% 0%
Hugee Corporation Subcontractor HVAC M/W/S/CBE LSDZ55033042027 559,500.00$ 14% 0%
MH Mechanical Subcontractor Plumbing SBE/CBE L68369082027 365,223.00$ 9% 0%
Maryland Sign Design Subcontractor Signage WBE N/A 5,458.00$ 0% 0%
POS Construction Subcontractor Painting M/S/CBE/Section03 LSD86868082025 216,495.00$ 6% 0%
Other Subcontractors TBD 1,146,004.00$ 29% -$ 0%
Hamel Builders Preconstruction 180,000.00$ 5% -$ 0%
Hamel Builders Management 729,615.00$ 19% -$ 0%
Total 3,893,688.00$ 100% -$ 0%
Contractor Reporting Planned Actual
certification # CBE 47%
MBE 38%
WBE 26%
SBE 47%
Section 3 Business 6%
Total Man Hours Planned Actual
Total Project Man
Hours 35,000
Section 03 Reporting 10% Goal Actual
Section 03 Man Hours 3,500
New Section 03 Hires 0
Contractor Signature:
Title:
Date:
UTILIZATION COMPLIANCE - PROJECT TRACKING
4/9/2025
Hamel Builders, Inc.
Construction Services for Villager Apartments
$3,893,688.00
Oscar A. Macció, EVP
4/9/25
0013-A-2022-DC5024.02