Exhibit_B-_A221-2018_-_Working_Draft.pdf
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- Attached to
- Building Construction Contractors
- Solicitation number
- RFQ-54-2022
- Issued by
- Rutherford County, Newport City, Tennessee
About this file
The document is an AIA Document A221™ - 2018 Work Order template for use with a Master Agreement between an Owner and Contractor, designed to be utilized for multiple work orders under a single master contract. This standard form provides a flexible framework for defining specific work assignments, with blank spaces to be filled in with project-specific details such as the scope of work, contract sum, substantial completion dates, insurance requirements, and other critical contractual parameters. The template is intended to be used in conjunction with AIA Document A121™–2018, which establishes the overarching master agreement between the parties.
The document outlines standardized sections for defining contract terms, including the work scope, commencement and completion dates, payment structures, insurance and bonding requirements, and enumeration of contract documents. While the specific details are not filled in, the template allows for multiple pricing approaches, including a stipulated sum, cost of work plus contractor's fee, or a guaranteed maximum price. The form provides flexibility for different project types by allowing customization of insurance requirements, representative information, and additional contract documents. The template includes provisions for addressing changes, modifications, and potential liquidated damages, providing a comprehensive framework for managing construction project engagements.
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AIA
Document A221™ – 2018 Work Order for use with Master Agreement Between Owner and Contractor
AIA Document A221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 13:56:20 ET on 06/16/2022 under Order No.3104236655 which expires on 02/12/2023, 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 copyright@aia.org.
User Notes: (1449883001)
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.
This document has important legal consequences.
Consultation with an attorney is encouraged with respect to its completion or modification.
This document provides the Contractor’s scope of Work, and related information, and is intended to be used with AIA Document A121™– 2018, Standard Form of Master Agreement Between Owner and Contractor where Work is provided under multiple Work Orders.
ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.
WORK ORDER number « » made as of the « » day of « » in the year « » (In words, indicate day, month, and year.)
BETWEEN the Owner:
(Name, legal status, address, and other information) and the Contractor:
(Name, legal status, address, and other information) for the following PROJECT:
(Name, location, and detailed description)
The Architect for the Project:
(Name, legal status, address, and other information)
THE CONTRACT
This Work Order, together with the Contract Documents enumerated herein, including the Master Agreement between Owner and Contractor dated the « » day of « » in the year « » (In words, indicate day, month, and year.)
form the Contract.
The Owner and Contractor agree as follows.
mstrode Typewritten Text
EXHIBIT B
AIA Document A221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 13:56:20 ET on 06/16/2022 under Order No.3104236655 which expires on 02/12/2023, 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 copyright@aia.org.
User Notes: (1449883001)
TABLE OF ARTICLES
1 THE WORK OF THIS WORK ORDER
2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3 CONTRACT SUM
4 PAYMENTS
5 INSURANCE AND BONDS
6 PARTY REPRESENTATIVES
7 ENUMERATION OF CONTRACT DOCUMENTS
ARTICLE 1 THE WORK OF THIS WORK ORDER
The Contractor shall execute the Work described in the Contract Documents enumerated in Article 7 of this Work Order, and any modifications issued after execution of this Work Order, except as specifically indicated in the Contract Documents to be the responsibility of others.
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 2.1 The date of commencement of the Work shall be:
(Check one of the following boxes.)
[ « » ] The date of this Work Order.
[ « » ] A date set forth in a notice to proceed issued by the Owner.
[ « » ] Established as follows:
(Insert a date or a means to determine the date of commencement of the Work.)
If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Work Order.
§ 2.2 The Contract Time shall be measured from the date of commencement.
§ 2.3 Substantial Completion § 2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:
(Check the appropriate box and complete the necessary information.)
[ « » ] Not later than « » ( « » ) calendar days from the date of commencement of the Work.
[ « » ] By the following date: « »
§ 2.3.2 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
§ 2.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 2.3, liquidated damages, if any, shall be assessed as set forth in Section 3.6.
AIA Document A221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 13:56:20 ET on 06/16/2022 under Order No.3104236655 which expires on 02/12/2023, 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 copyright@aia.org.
User Notes: (1449883001)
ARTICLE 3 CONTRACT SUM
§ 3.1 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 one of the following:
(Check the appropriate box.)
[ « » ] Stipulated Sum, in accordance with Section 3.2 below
[ « » ] Cost of the Work plus the Contractor’s Fee, in accordance with Section 3.3 below
[ « » ] Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below
[ « »] Other, in accordance with Section 3.5 below
(Based on the selection above, complete Section 3.2, 3.3, 3.4 or 3.5 below.)
§ 3.2 Stipulated Sum § 3.2.1 The Stipulated Sum shall be « » ($ « » ), subject to additions and deductions as provided in the Contract Documents.
§ 3.2.2 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the Owner is permitted to accept other alternates subsequent to the execution of this Work Order, attach a schedule of such other alternates showing the change in the Stipulated Sum for each and the deadline by which the alternate must be accepted.)
§ 3.2.3 Unit prices, if any:
(Identify the item and state the unit price and any applicable quantity limitations.)
Item Units and Limitations Price per Unit ($0.00)
§ 3.2.4 Allowances, if any, included in the Stipulated Sum:
(Identify each allowance.)
Item Price
§ 3.3 Cost of the Work plus Contractor’s Fee § 3.3.1 The Cost of the Work is as defined in AIA Document A121™– 2018 Exhibit A, Determination of the Cost of the Work.
§ 3.3.1.1 The following costs are subject to the Owner’s prior approval:
§ 3.3.2 The Contractor’s Fee:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee and the method of adjustment to the fee for changes in the Work.)
§ 3.4 Cost of the Work plus Contractor’s Fee with a Guaranteed Maximum Price § 3.4.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work.
AIA Document A221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 13:56:20 ET on 06/16/2022 under Order No.3104236655 which expires on 02/12/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
User Notes: (1449883001)
§ 3.4.1.1 The following costs are subject to the Owner’s prior approval:
§ 3.4.2 The Contractor’s Fee:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee and the method of adjustment to the fee for changes in the Work.)
§ 3.4.3 Guaranteed Maximum Price § 3.4.3.1 The sum of the Cost of the Work and the Contractor’s Fee is guaranteed by the Contractor not to exceed « » ($ « » ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.
(Insert specific provisions if the Contractor is to participate in any savings.)
§ 3.4.3.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Work Order, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)
§ 3.4.3.3 Unit Prices, if any:
(Identify the item and state the unit price and any applicable quantity limitations.)
Item Units and Limitations Price Per Unit ($0.00)
§ 3.4.3.4 Allowances, if any, included in the Guaranteed Maximum Price:
(Identify each allowance.)
Item Price
§ 3.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based:
§ 3.4.3.6 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order.
§ 3.4.3.7 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions contained in Section 3.4.3.5. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions contained in Section 3.4.3.5 and the revised Contract Documents.
§ 3.5 Other § 3.5.1 The Contract Sum shall be determined in accordance with the following:
(Insert a description of how the Contract Sum will be determined.)
AIA Document A221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 13:56:20 ET on 06/16/2022 under Order No.3104236655 which expires on 02/12/2023, 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 copyright@aia.org.
User Notes: (1449883001)
§ 3.6 Liquidated damages, if any:
(Insert terms and conditions for liquidated damages, if any.)
ARTICLE 4 PAYMENTS
§ 4.1 Payments shall be in accordance with Article 3 of the Master Agreement, except as indicated below:
(Indicate all payment terms that differ from those set forth in the Master Agreement, such as period covered by each Application for Payment or date upon which each Application for Payment is due.)
§ 4.2 Retainage will be withheld in accordance with Article 3 of the Master Agreement, except as indicated below:
(Indicate all retainage terms that differ from those set forth in the Master Agreement, such as retainage amount, items not subject to retainage, terms for reduction, or limitation of retainage.)
ARTICLE 5 INSURANCE AND BONDS
§ 5.1 Insurance shall be in accordance with Article 15 of the Master Agreement, except as indicated below:
(Insert any insurance requirements that differ from those stated in the Master Agreement, such as coverage types, coverage limits, and durations for professional liability or other coverages.)
§ 5.2 In addition to insurance requirements in the Master Agreement, the Contractor shall carry the following types of insurance.
(List below any other insurance coverage to be provided by the Contractor, not otherwise set forth in the Master Agreement, and any applicable limits.)
Coverage Limits
§ 5.3 Pursuant to section 15.1.7 of the Master Agreement, 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.
§ 5.4 Pursuant to section 15.1.8 of the Master Agreement, the Contractor shall procure Pollution Liability insurance, with policy limits of not less than « » ($ « » ) per claim and « » ($ « » ) in the aggregate.
§ 5.5 Pursuant to section 15.1.9 of the Master Agreement, the Contractor shall procure a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than « » ($ « » ) per claim and « » ($ « » ) in the aggregate.
§ 5.6 The 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
Performance Bond
Payment 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 Work Order.
AIA Document A221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 13:56:20 ET on 06/16/2022 under Order No.3104236655 which expires on 02/12/2023, 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 copyright@aia.org.
User Notes: (1449883001)
ARTICLE 6 PARTY REPRESENTATIVES
§ 6.1 The Owner identifies the following representative in accordance with Section 1.4.1 of the Master Agreement:
(List name, address, and other information.)
§ 6.2 The Contractor identifies the following representative in accordance with Section 1.5.1 of the Master Agreement:
(List name, address, and other information.)
ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
§ 7.1 The Contract Documents are defined in Section 5.2 of the Master Agreement and, except for Modifications issued after execution of this Work Order, are enumerated in the sections below.
§ 7.1.1 This Work Order
§ 7.1.2 The Master Agreement
§ 7.1.3 The Supplementary and other Conditions of the Contract:
Document Title Date Pages
§ 7.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Work Order.)
Section Title Date Pages
§ 7.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Work Order.)
Number Title Date
§ 7.1.6 The Addenda, if any:
Number Date Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 5.
AIA Document A221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 13:56:20 ET on 06/16/2022 under Order No.3104236655 which expires on 02/12/2023, 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 copyright@aia.org.
User Notes: (1449883001)
§ 7.1.7 Additional documents, if any, forming part of the Contract Documents:
(List here any additional documents that are intended to form part of the Contract Documents.)
This Work Order entered into as of the day and year first written above.
OWNER (Signature) CONTRACTOR (Signature)
(Printed name and title) (Printed name and title)
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