On the agenda: Springdale meeting — License Plate Reader (Apr 22)

1. Agenda
Documents:
042226.TCSM.PDF
2. Packet Materials
Documents:
ITEM B1 - ARCILLA RIDGE AGREEMENT TC REPORT 04-22-26.PDF
ITEM B2 - RIVER PARK CONSTRUCTION CONTRACT STAFF REPORT APRIL
2026.PDF
ITEM C1 - BUDGET WORK SESSION TC REPORT 04-22-26 .PDF

118 Lion Blvd PO Box 187 Springdale, UT 84767 * 435-772-3434 fax 435-772-3952

TOWN COUNCIL NOTICE AND AGENDA
THE SPRINGDALE TOWN COUNCIL WILL HOLD A SPECIAL MEETING
ON WEDNESDAY, APRIL 22, 2026,
AT THE CANYON COMMUNITY CENTER, 126 LION BOULEVARD, SPRINGDALE, UTAH
THE MEETING STARTS AT 10:00 AM.
A live stream of this meeting will be available to the public on YouTube.
**Please see the YouTube information below.

Approval of the Special Meeting Agenda
A.

Announcements/Information
1. General Announcements

B.

Administrative Action Items
1. Discussion and Possible Approval of an Agreement with Parkplace Residential, dba Arcilla Ridge, LLC, to
Develop Parcel S-100-C as Workforce Housing, Including the Potential Transfer of Parcel S-100-C from
the Town of Springdale to Parkplace Residential. Pursuant to Section 7-9-2 of the Town Code, the Town
Council will Accept Public Comment Regarding the Proposed Disposal of Parcel S-100-C. Staff Contact:
Thomas Dansie.
2. Review and Possible Approval of Contract Awarding the George A Barker River Park Expansion Project to
Interstate Rock. Staff Contact: Ryan Gubler

C.

Administrative Non-Action Item
1. Budget Work Session to Discuss the FY 2026-27 Budget. Staff Contact: Thomas Dansie.

D.

Adjourn
*To access the live stream for this public meeting, please visit or
click the YouTube link below:
https://www.youtube.com/@SpringdaleTownPublicMeetings

This notice is provided as a courtesy to the community and is not the official notice for this meeting/hearing. This notice is not required
by town ordinance or policy. Failure of the Town to provide this notice or failure of a property owner, resident, or other interested parties
to receive this notice does not constitute a violation of the Town’s noticing requirements or policies.
NOTICE: In compliance with the Americans with Disabilities Act, individuals needing special accommodations or assistance during
this meeting should contact the Town Clerk (435.772.3434) at least 48 hours before the meeting.
Packet materials for agenda items will be available on the Town website: http://www.springdaletown.com/AgendaCenter

Memorandum
To:​
​
From:​ ​
Date:​ ​
Re:​
​

Town Council
Thomas Dansie, Town Manager
April 17, 2026
Agreement with Parkplace Residential, dba Arcilla Ridge, LLC, to develop parcel
S-100-C as workforce housing, including the potential transfer of parcel S-100-C from
the the Town of Springdale to Parkplace residential.

The Town owns a 0.59 acre piece of property at the end of Trapper Circle (parcel S-100-C). The Town
originally acquired the property with the intent of developing workforce housing. Through an RFP
process she Town selected Parkplace Residential, dba Arcilla Ridge, LLC, to be the Town’s affordable
housing partner in developing this project. The Town Council formally selected Parkplace Residential in
the March Council meeting.
While the Council selected Parkplace Residential as the Town’s affordable housing partner, the Town
does not yet have a formal agreement with Parkplace. The attached agreement formalized the Town’s
relationship with Parkplace, assigns responsibilities for developing the parcel as workforce housing to
Parkplace, and commits the Town to transfer ownership of parcel S-100-C to Parkplace.
The Council reviewed the framework of this agreement in the March meeting and was generally
supportive. The Town Attorney used the framework to develop a full legal agreement. The agreement is
attached to this report.
A key part of the agreement is the transfer of parcel S-100-C to Parkplace residential. Section 7-9-2
requires the Town to accept public comment prior to disposing of any property valued at $250,000 of
more. Based on a recent appraisal, the market value of parcel S-100-C is $1.9 million. As this exceeds the
$250,000 threshold the Council is required to accept public comment prior to disposing of this parcel
and transferring it to Parkplace. Staff provided the statutorily required notice to the community of the
proposed property disposal. The Council should allow any members of the community who wish to
comment on the proposed disposal to speak at the meeting.
Council Action
Staff recommends the Council approve the agreement with Parkplace Residential, dba Arcilla Ridge, and
authorize the Mayor to sign the document.

TRAPPER CIRCLE WORKFORCE HOUSING LAND DISPOSAL AND
IMPROVEMENTS AGREEMENT
This Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
(“Agreement”) is entered into as of the _____ day of _______________, 2026 (“the Effective
Date”), by and between the TOWN OF SPRINGDALE, a Utah municipal corporation
(hereinafter the “Town”), and ARCILLA RIDGE, LLC, a Utah limited liability company doing
business
as
“DEVELOPERARCILLA
RIDGE
APARTMENTS”
(hereinafter
“DEVELOPER”). Town and DEVELOPER are sometimes referred to collectively as the “Parties”
or individually as a “Party.”
RECITALS
A.
As the gateway community to Zion National Park, the Town hosts millions of
visitors annually. Many of these visitors secure lodging accommodations in the many hotels, bed
and breakfast inns, and vacation rental properties and patronize the restaurants, coffee shops, retail
shops, outdoor adventure companies, art galleries, and many other businesses located within the
Town.
B.
As a result of this vibrant tourism, businesses within the Town struggle to locate
and retain employees due to the high cost of rental housing and accommodations within the Town
and far distances between the Town and other communities where there are more affordable and
abundant housing accommodations.
C.
Consequently, the Town has identified the development of affordable workforce
housing as a primary goal in its General Plan. Pertinent sections of the General Plan state as
follows:
1. General Plan Vision Statement: Community. Springdale is strengthened by
solid relationships among community members. Community members
come from diverse backgrounds, care for and support each other, respect
and protect the natural environment, and work toward preserving the health
of the community. The Springdale community is a place where everyone is
welcome, all perspectives are valued, and people gather frequently to build
community bonds. Adequate living accommodations are available for all
members of the diverse community.
2. General Plan Housing Chapter–General Goal. Springdale will retain its
rural residential character by protecting existing residential neighborhoods
from the impacts of increased commercialization. The Town will have
housing options that support a diverse population, including low density
residential units, higher density multi-family units in select locations,
accessory dwelling units, and others. This will allow the Town to maintain
housing for a community with families of diverse income. It will benefit
local businesses by providing a larger labor pool. It will benefit the Town
by having the people who are working in businesses also be committed and

REDLINES TS 5 Trapper Circle Workforce Housing Land Disposal Improvement Agreement 227058.26 04.01.26 jgh (CLEAN 04.06.26)

contributing members of the community by having access to attainable
housing.
3. General Plan Housing Chapter–Sub-Goal B. Promote community character
by providing opportunities for more key contributors to the community
(first responders, teachers, business owners/managers, etc.) to live full-time
in the community.
D.
The Town is the owner of a certain parcel of property known as S-100-C, which is
approximately 0.60 acres and situated contiguously to the Moenave Subdivision at the terminus of
Trapper Circle, which is a public street. The Town refers to the subject property as the “Trapper
Circle Property” because it is a flag lot accessed by an ingress and egress easement recorded on
the Moenave Subdivision Plat. The Trapper Circle Property is located within the Town’s Central
Commercial (CC) Zone. A legal description of the Trapper Circle Property is attached hereto as
Exhibit 1.
E.
For the past several years, the Town has prioritized constructing a multi-family
workforce housing structure on the Trapper Circle Property (the “Workforce Housing Project”);
however, until recently, the Town has been unable to consummate an agreement with a developer.
F.
On or about December 8, 2025, the Town published a request for proposals (“RFP”)
on the Town’s website and the Utah Public Notice website, seeking proposals for the following:
1. One or more qualified and experienced affordable housing providers
(AHPs) to construct and manage a workforce housing project in Springdale,
Utah. The project is a multi-family rental unit development on a 0.60 acre
property. The Town anticipates the property will be developed with ten
workforce housing units, occupied by households in which at least one adult
is actively employed in the Town of Springdale or Zion National Park. The
selected AHP will develop the 0.60 acre vacant parcel with ten multi-family
workforce housing rental units, provide ongoing property management, and
ensure the project continues to meet the Town’s workforce housing goals
by:
i.

Certifying the occupant households meet the Town’s standard for
being “actively employed” in the Town of Springdale or Zion
National Park pursuant to section 10-13G-4 of the Town Code;

ii. Ensuring occupant households fall within the income ranges (as a
percentage of AMI) established for the project; and
iii. Developing and administering a framework that ensures the longterm affordability of the housing units.
G.
On January 9, 2026, DEVELOPER issued a written response to the Town’s Request
for Proposals in which it expressed interest in and terms for developing the Workforce Housing
Project on the Trapper Circle Property and, in furtherance of its submittal, represented as follows:
Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 2

1. DEVELOPER has experience working with a wide range of affordable and
workforce housing programs, including state and local housing funds,
grants, below market debt, private capital, and long-term deed-restricted
affordability structures. At the same time, DEVELOPER recognizes that
funding resources for workforce housing are limited and highly
competitive, and it is not anticipated that this project will be awarded
significant subsidy funding. Accordingly, DEVELOPER is experienced in
structuring financially resilient capital stacks that do not rely on uncertain
funding sources, balancing workforce affordability with long-term
operational sustainability and timely project delivery.
2. DEVELOPER has extensive experience managing a diverse portfolio of
multifamily housing types, including public housing, Low Income Housing
Tax Credit (LIHTC) communities, unrestricted workforce housing, and
Class A multifamily properties throughout Utah, Idaho, and Wyoming.
DEVELOPER’s experience spans both income restricted communities
serving local employees and essential workers, as well as some of the
highest-quality, market-rate communities in the Salt Lake Valley. This
breadth of experience allows DEVELOPER to apply institutional-level
management standards, rigorous compliance practices, and residentfocused operations across a wide range of housing types and regulatory
environments.
3. DEVELOPER operates as a vertically integrated property management
firm, managing multifamily communities across Utah, Nevada, Idaho, and
Wyoming. DEVELOPER’s platforms and operating systems are designed
to preserve asset quality, financial performance, and community stability
over the long term. At present, DEVELOPER is involved in the
management, construction oversight, or development coordination of
approximately 3,000 multifamily units throughout the Mountain West.
4. DEVELOPER’s team consists of more than 48 full-time professionals,
including property managers, leasing specialists, maintenance technicians,
accounting staff, and operating principals who are actively involved in dayto-day operations. Locally headquartered in Washington County, Utah,
DEVELOPER owns and operates a newly constructed 34-unit apartment
community in Hurricane, located approximately 42 miles from the proposed
project, and manages 168 apartment units in St. George. In addition,
DEVELOPER maintains significant operating leverage in nearby Mesquite,
Nevada, where it currently manages nearly 400 units, providing strong
regional support and operational depth for the proposed development.
H.
According to public records maintained on the Utah Department of Commerce,
Division of Corporations and Commercial Code website, ARCILLA RIDGE, LLC (Entity No. #
14683814-0160 ) is a Utah limited liability company organized on April 14th, 2026, which does
business as “DEVELOPERArcilla Ridge Apartments” (herein designated as “DEVELOPER”).

Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 3

I.
On March 11, 2026, during its monthly town council meeting, the Town selected
DEVELOPER to construct, develop, own, operate, and manage the Workforce Housing Project,
subject to negotiating mutually acceptable terms of an agreement between the Town and
DEVELOPER.
J.
DEVELOPER represents and warrants that it possesses the skill, experience, time,
resources, and funding needed to appropriately develop and manage the Workforce Housing
Project, and DEVELOPER desires to develop and manage the Workforce Housing Project. The
Town desires to engage DEVELOPER to develop the Workforce Housing Project in accordance
with the terms, conditions, and obligations as set forth in more detail below.
K.
The Town’s request for proposals and DEVELOPER’s accepted proposal
contemplate the Town transferring title to the Trapper Circle Property to DEVELOPER without
the Town receiving any financial compensation.
L.
Springdale Town Code, Title 7, Chapter 9, entitled “Disposal of Town-Owned Real
Property,” requires the town council to hold a public meeting at which it will receive public
comment about the proposal disposal of any parcel of real property valued in excess of $250,000.
Notice of the date, time, and place for the public meeting must be given at least 14 days prior to
the scheduled public meeting.
M.
On or about April 7, 2026, the Town published notice on the Town’s website and
the Utah Public Notice website of a public meeting to be held on April 22, 2026 at 5:00 P.M. at
which the town council would receive public comments about the proposed disposal of the Trapper
Circle Property by transfer of title to DEVELOPER incident to the construction and development
of the Workforce Housing Project.
N.
On April 22, 2026, the town council convened a special public meeting at which it
received public comments, through written public submissions before the scheduled meeting and
by oral public comments at the meeting, in order to decide whether to dispose of the Trapper Circle
Property by transferring title to DEVELOPER for the construction of the Workforce Housing
Project on the Trapper Circle Property. After receiving public comments and deliberating about
the merits of the matter, the town council voted to dispose of the Trapper Circle Property in order
to facilitate the development and construction of the Workforce Housing Project by DEVELOPER,
subject to the Town and DEVELOPER entering into a binding legal agreement.
NOW THEREFORE, in consideration of their mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
AGREEMENTS
1.
Accuracy and Incorporation of the Recitals. The Parties hereby acknowledge the
accuracy of the Recitals, which are incorporated herein by this reference.
2.
Term. This Agreement shall commence on the Effective Date set forth above and
shall continue for a term of fifty (50) consecutive years from the date the first certificate of
occupancy of any residential unit within the Workforce Housing Project is issued.
Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
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3.
Restrictions on Development and Operation. The development of the Workforce
Housing Project including, without limitation, the type of use, the maximum height and size of
buildings, building setback requirements, parking requirements, landscaping requirements, and
provisions for reservation or dedication of land for public purposes, will be governed by the
following (collectively the “Development Criteria”) as they exist at the time DEVELOPER makes
application for any permit, approval or other authorization required as a condition of development,
redevelopment, or future modifications to the Workforce Housing Project,, as the same may be
amended, or in the case of the exhibits identified in subparagraph (b) below being amended and/or
combined together or with other documents from time to time by written agreement of the Parties:
a) All provisions of the Springdale Town Land Use ordinance, found in Title 10 of
the Springdale Town Code, including but not limited to: Administration and
Procedure—Title 10, Chapter 3; Central Commercial Zone –Title 10, Chapter 11A;
Design/Development Review—Title 10, Chapter 15; Architectural Standards and
Design Guidelines—Title 10, Chapter 16; Color Palette, Title 10—Chapter 17; and
Landscaping—Title 10, Chapter 18; and
b) The Exhibits to this Agreement, each of which is incorporated herein by reference,
are as follows:
(i) Legal Description of the Trapper Circle Property (Exhibit 1);
(ii) Site Plan and Unit Plan (Exhibit 2);
(iii) Resident Selection Criteria (Exhibit 3);
(iv) Resident Application Form (Exhibit 4);
(v) Notice of Lien for Deferred Impact Fee Assessments (Exhibit 5);
(vi) General Warranty Deed with Reversionary Clause (Exhibit 6);
(vii) Restrictive Covenant (Exhibit 7); and
(viii) 2026 Town Fee Schedule (Exhibit 8).
4.

Development and Operation.
a) Conveyance of the Trapper Circle Property by General Warranty Deed with
Reversionary Clause
(i) The Town will transfer title to the Trapper Circle Property to
DEVELOPER by general warranty deed with a reversionary clause in the form of
the General Warranty Deed with Reversionary Clause attached here to as Exhibit
6. If DEVELOPER fails to develop the Trapper Circle Property into the Workforce
Housing Project within three (3) consecutive calendar years from the Effective
Date, fee title ownership of the Trapper Cricle Property will revert back to the Town
unless substantial progress is being made on the Workforce Housing Project and
delays have not been due to events that are out of the control of DEVELOPER.
b) Development Application Procedures
(i) At the request of DEVELOPER, the Town will accept applications for and
process on a priority basis, in compliance with the Town’s standard practices and
procedures as required by the Development Criteria and this Agreement, any
Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
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discretionary and non-discretionary approvals or permits which DEVELOPER may
require from time to time with regard to the development or operation of the
Workforce Housing Project, including without limitation any construction permits,
inspections, and certificates of occupancy. Without limiting the generality of the
foregoing, the Town will use its best efforts to promptly issue each construction
permit and other authorization necessary for the development and operation of the
Workforce Housing Project upon complete and satisfactory submission of the
proper applications.
(ii) DEVELOPER shall have the vested right to develop and operate the
Workforce Housing Project in conformance with the Site Plan, the Development
Criteria, and this Agreement.
c) General Requirements for Rentals of Workforce Housing Project Units
(i) DEVELOPER shall ensure a Qualified Tenant (as defined below) does not
make any modifications to a Workforce Housing Project Unit without the prior
written approval of DEVELOPER and in conformity with then prevailing Town
ordinances.
(ii) DEVELOPER will perform a comprehensive annual inspection within
each Workforce Housing Project Unit. DEVELOPER will perform quarterly
inspections outside of each Workforce Housing Project Unit.
5.

Qualified Tenant
a) For purposes of this Agreement, the term “Qualified Tenant” means a person
meeting the income and employment qualifications set forth in this section 5 and
the Resident Selection Criteria attached hereto as Exhibit 3.
b) In order to qualify as a Qualified Tenant, a person must apply using a form provided
by DEVELOPER called a “Resident Application Form.” An example of such a
form is attached as Exhibit 4 to this Agreement. The Resident Application Form
may be subject to change from time to time based upon qualifying criteria
determined by the Parties. This potential renter is referred to as a “Qualified
Tenant.” The Parties will make the final determination of whether a person meets
the requirements to be a Qualified Tenant. The criteria to select Qualified Tenants
will be based on a point system pre-established to the advertisement of the
availability of a Workforce Housing Project Unit. In the event of a tie, a lottery
drawing will be held.
c) Only a person can be a Qualified Tenant.
d) DEVELOPER shall ensure that a Qualified Tenant's household rent is restricted to
100% of the Washington County Area Median Income ("AMI") Limit, as published
annually by the U.S. Department of Housing and Urban Development ("HUD"),
for a household size equal to two (2) persons per bedroom plus one (1) additional
person for the applicable unit type (e.g., for a one-bedroom unit, the applicable
Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
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household size shall be three (3) persons). In the event the Workforce Housing
Project includes unit types with varying bedroom counts, the applicable AMI
household size shall be calculated separately for each unit type using the same
formula. DEVELOPER shall not be required to set a maximum household income
limit, although it may restrict household earnings to a minimum of 2.5 times the
monthly rent amount. The applicable rent limit shall be updated annually upon
HUD's publication of updated AMI figures for Washington County, Utah, and
DEVELOPER shall adjust rents accordingly at the next lease renewal following
such publication. DEVELOPER shall be permitted to charge back common utilities
and a required internet package in addition to rent restricted at 100% of Washington
County AMI as calculated herein.DEVELOPERDEVELOPERDEVELOPER
e) DEVELOPER shall only rent to a Qualified Tenant who is “actively employed” as
defined by Springdale Town Code, Chapter 10, Article 13G, Section 4 as follows:
i. A person must work (1) within the municipal boundaries of the Town of
Springdale or in Zion National Park (persons who work for outdoor or
adventure guiding or tour services based in Springdale and who meet clients
in Springdale satisfy this criterion, even if the guided trip or tour occurs
outside of Springdale); (2) for an employer whose business location is in
the Town of Springdale or Zion National Park; and (3) for at least 1,560
hours per year. A person must meet all three of these criteria to be qualified
as “actively employed.”
f) DEVELOPER shall ensure the Qualified Tenant is “actively employed” for the
entire duration of the person’s tenancy in a Workforce Housing Project Unit.
g) DEVELOPER shall require a Qualified Tenant to certify annually that the Qualified
Tenant meets all the requirements enumerated herein to be a Qualified Tenant by
obtaining from each Qualified Tenant a report by July 31 of each year and
certifying that the Qualified Tenant is in compliance with all requirements of this
Section 5. The report shall contain the following information for each Workforce
Housing Project Unit:
i. Name of the Qualified Tenant(s) who are living in the Workforce Housing
Project Unit;
ii. Name of the business and business manager employing the Qualified
Tenant(s);
iii. Number of hours the Qualified Tenant(s) worked for the employer in the
previous six months;
iv. Number of hours the Qualified Tenant(s) is/are anticipated to work for the
employer(s) in the next six months;
v. Statement by each Qualified Tenant that the Workforce Housing Project
Unit is the Qualified Tenant’s primary residence;
Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
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vi. Statement by each Qualified Tenant that the Qualified Tenant is not
subleasing the Workforce Housing Project Unit; and
vii. The notarized signatures of the Qualified Tenant(s) and the manager(s) of
the business or organization for which each Qualified Tenant affirms
under penalty of perjury that the information on the Resident Application
Form, as well as all annual recertifications thereof, is true and correct.
h) In the event DEVELOPER finds that a Qualified Tenant does not meet the
requirements of Section 5, DEVELOPER shall allow the Qualified Tenant the
following:
i. Thirty (60) calendar days after DEVELOPER receive notice to cure for a
violation of subsections 5(d), 5(g), 5(h), or 5(i);
ii. Thirty (60) calendar days after DEVELOPER receives notice to cure for a
violation of subsections 5(e) or 5(f) if the Qualified Tenant was no longer
“actively employed” based on the Qualified Tenant’s own choice or
because the Qualified Tenant was terminated for cause;
iii. Two (2) months after DEVELOPER receives notice to cure for a violation
of subsections 5(e) or 5(f) if the Qualified Tenant was no longer “actively
employed” because the Qualified Tenant was laid off or suffered a
reduction in force by Qualified Tenant’s former employer and the
Qualified Tenant had been “actively employed” for up to and including
one (1) year; or
iv. Four (4) months after DEVELOPER receives notice to cure for a violation
of subsections 5(e) or 5(f) if the Qualified Tenant was no longer “actively
employed” because the Qualified Tenant was laid off or suffered a
reduction in force by Qualified Tenant’s former employer and the
Qualified Tenant had been “actively employed” for over one (1) year.
i) The Parties shall decide if the cure from subsection 5(i) is satisfactory.
j) Notwithstanding any other provisions of this subsection 5, upon a showing of undue
hardship by a Qualified Tenant, the Parties may, in their sole discretion, approve a
Qualified Tenant’s written application to DEVELOPER to continue residing in a
Workforce Housing Project Unit beyond the cure period.
6.
Waiver of Rights. DEVELOPER agrees, pursuant to disclose in writing to every
Qualified Tenant the rights each Qualified Tenant may be giving up by agreeing to rent a
Workforce Housing Project Unit in accordance with the terms and conditions of this Agreement
as stated below. With the delivery of the disclosure, DEVELOPER agrees to obtain a notarized
document from every Qualified Tenant acknowledging the Qualified Tenant’s waived rights,
which are as follows:

Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
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a) A Workforce Housing Project Unit shall not be sub-leased or rented at any time
without the written permission of DEVELOPER; and
b) A Workforce Housing Project Unit shall be the Qualified Tenant’s primary
residence.
7.
Management of the Workforce Housing Project. DEVELOPER will provide
ongoing property and tenant management for the duration of the Term of this Agreement.
DEVELOPER may self-manage or engage a management company. Such duties of property and
tenant management will include:
a) Collection of rent;
b) Property maintenance, upkeep, and ensuring the property is maintained in a general
state of cleanliness and repair;
c) Addressing and resolving any nuisance issues with property tenants in a timely
manner; and
d) Ensuring the property tenants are qualified (active employment and household
income requirements).
i. DEVELOPER must provide annual verification of compliance with the
active employment and rent limit requirements for all tenant households.
e) DEVELOPER may implement a minimum tenant screening criteria.
8.
Deferral of Impact Fees and Forgiveness of Building Permit, Inspection, and
Zoning Application Fees. The applicable amounts for the Town’s deferral or forgiveness of Town
fees shall be computed at the greater of the rates set forth in the Town’s current Fee Schedule in
effect at the time of application for a building permit. A copy of the 2026 Town Fee Schedule is
attached hereto as Exhibit 8 and incorporated herein by reference.
a) Deferral of Impact Fees. The Town agrees to defer collection of impact fees for
culinary water, and parks and open space (the “Deferred Impact Fees”) for the
Workforce Housing Project for the Term of this Agreement. Upon the expiration
of the Term of this Agreement, the workforce housing restrictions on the Workforce
Housing Project will be removed and the Workforce Housing Project and the
Trapper Circle Property may be used for any use that is allowed by the Town’s land
use regulations then in effect for the zone in which the Workforce Housing Project
and the Trapper Circle Property are situated. At such time, the total amount of
Deferred Impact Fees will be due and payable to the Town by DEVELOPER or its
successor, unless the Workforce Housing Project continues to be exclusively rented
to Qualified Tenants. Deferred Impact Fees will not accrue interest.
b) The impact fee for habitat is a non-deferrable impact fee and will be collected by
the Town as a condition precedent to the issuance of any building permits for the
Workforce Housing Project. The Parties understand and agree that the Town’s
deferral of impact fees shall create a lien against the Workforce Housing Project
and Trapper Circle Property and DEVELOPER authorizes the Town to record those
instruments necessary to protect the Town’s ability to recover the Deferred Impact
Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
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Fees amount upon the expiration of the Term of this Agreement. It is the intent of
the Parties that such lien shall not accrue interest unless and until it becomes a
delinquent obligation. A lien obligation becomes delinquent as soon as the Term
ends and DEVELOPER or its successor fails to fully pay off the amount of the
Deferred Impact Fees after being issued a ten (10) day written notice. From the date
of such occurrence, the delinquent lien obligation shall bear interest at the rate of
eighteen percent (18%) per annum until collected in full. Accordingly, the Parties
agree that the warrant deed to the Trapper Circle Property shall carry a deed
restriction setting forth the amount of the Deferred Impact Fees by the Town for
the Workforce Housing Project. Additionally, the Parties agree that DEVELOPER
shall cause to be recorded in the Office of the Washington County Recorder as a
condition precedent to the issuance of an occupancy permit by the Town the
instrument entitled “Notice of Lien for Deferred Impact Fee Assessment” (attached
hereto as Exhibit 5), which instrument shall at a minimum (1) identify the owner
of the Workforce Housing Project, (2) contain the legal description of the Trapper
Circle Property, (3) state the amount of the Deferred Impact Fees, and (4) indicate
that in the event the Town must commence legal action to collect the lien, including
but not limited to judicial or non-judicial foreclosure proceedings as provided in
the Utah Code, the Town shall be entitled to recover all costs and attorney fees
incurred to recover said lien amount.
c) Forgiveness of Building Permit, Inspection, and Zoning Application Fees. The
Town agrees to forgive and not charge DEVELOPER for any of the following fees
associated with its development of the Project:
i.
ii.
iii.
iv.
v.
vi.

Building permit application fees;
Building permit fee (based on valuation table in Town’s Fee Schedule);
Building plan review fee (65% of building permit fee);
Excavation permit fee (based on valuation table in Town’s Fee Schedule);
Water meter placement fee; and
All fees customarily charged by the Town from applicants for any zoning
or development reviews by the Director of Community Development or
other Town staff, Planning Commission or Town Council.

Notwithstanding the forgoing explanation, the following fees may either not be
waived or represent non-dischargeable fixed costs to the Town and will therefore
be collected by the Town as a condition precedent to the issuance of a building
permit: Fire District review fee, State 1% surcharge tax, Town engineer review fee,
and water meter tap and meter set.
9.
Site Plan and Unit Plan and Multi-Family Structures. DEVELOPER will develop
the Trapper Circle Property with no fewer than nine and no more than ten workforce housing units
in substantial conformity with the Site Plan and Unit Plan attached hereto as Exhibit 2.
DEVELOPER is responsible for all development and construction costs of the Workforce Housing
Project. The exterior design of the nine or ten units and other development on the Trapper Circle
Property will be complementary to (not necessarily copies of) the existing multi-family residential
Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 10

structures on Trapper Circle. The design and development of the Workforce Housing Project will
comply with all Town land use ordinances, design guidelines, building codes, and other applicable
development regulations. DEVELOPER is solely responsible for the costs associated with
ensuring compliance with Town standards, including costs associated with geotechnical and
geohazard investigations, architectural drawings, civil engineering plans, MEP drawings,
structural engineering drawings, surveys, and similar design and engineering costs.
10.
Town Representations and Warranties.
The Town acknowledges that
DEVELOPER is acquiring the Workforce Housing Project, entering into this Agreement, and
expending considerable sums in design and engineering fees associated with the Workforce
Housing Project in reliance on the findings, agreements, representations and warranties of the
Town contained in this Agreement. The Town acknowledges that DEVELOPER shall continue
to expend considerable sums with respect to the same in reliance on the findings, agreements,
representations, and warranties of the Town contained in this Agreement. The Town represents,
warrants and covenants to DEVELOPER that all of the Town’s representations, findings,
warranties and covenants set forth in this Agreement are true in all material respects as of the date
of this Agreement. The Town further represents, warrants and covenants to DEVELOPER as
follows:
a) The Workforce Housing Project is located within the municipal limits of the Town.
b) The Town is a duly organized, validly existing municipal corporation in the State
of Utah. The transactions contemplated by this Agreement, the execution of this
Agreement and the Town’s performance hereunder have been duly authorized by
all requisite action of the Town and no other approval or consent is required for this
Agreement to be binding upon the Town. The individuals executing this
Agreement have all necessary authority to enter into this Agreement and to bind the
Town. The execution of this Agreement and the consummation of the transactions
contemplated hereby will not result in any violation of, or default under, any term
or provision of any applicable agreement, instrument, law, rule, regulation or
official policy to which the Town is a Party or by which the Town is bound.
c) There is no litigation, referendum, investigation, initiative or proceeding pending
or, to the knowledge of the Town, contemplated or threatened against the Town,
the Workforce Housing Project, this Agreement, or the zoning of the Trapper Circle
Property, (collectively, “Actions,” and each individually an “Action”) that would
impair or adversely affect the Town’s ability to perform its obligations under this
Agreement or under any instrument or document related hereto or which would
impair or adversely affect DEVELOPER’s ability to construct the Workforce
Housing Project on the Trapper Circle Property.
11.
DEVELOPER Representations and Warranties. DEVELOPER represents,
warrants and covenants to the Town that all of DEVELOPER’s representations, warranties and
covenants set forth in this Agreement are true in all material respects as of the date of this
Agreement. DEVELOPER represents, warrants and covenants to the Town as follows:
Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 11

a) DEVELOPER is a duly organized, validly existing limited liability company duly
organized under the laws of the State of Utah;
b) DEVELOPER is sufficiently capitalized and has or will have sufficient funds at its
disposal to construct, operate, and maintain the Workforce Housing Project on the
Trapper Circle Property;
c) The transactions contemplated by this Agreement, the execution of this Agreement
and DEVELOPER’s performance hereunder have been duly authorized by all
requisite action of DEVELOPER’s managers, members, and officers, as applicable,
and no other approval or consent is required for this Agreement to be binding upon
DEVELOPER;
d) The execution of this Agreement and the consummation of the transactions
contemplated hereby will not result in any violation of, or default under, any term
or provision of any applicable agreement, instrument, law, rule, or regulation to
which DEVELOPER is a party or by which DEVELOPER is bound.
e) DEVELOPER shall have the right, in its sole discretion, to encumber, hypothecate,
or otherwise pledge the Workforce Housing Project and the Trapper Circle Property
as security or collateral for any construction loan, permanent financing,
refinancing, cash-out refinancing, or other financial obligation, including but not
limited to deeds of trust, mortgages, and assignment of rents. Such financing may
include, without limitation, the recovery and return of DEVELOPER's equity
contribution upon completion of the Workforce Housing Project through
permanent financing or refinancing proceeds, it being expressly acknowledged by
the Town that DEVELOPER's ability to recapitalize its equity investment upon
stabilization is a material inducement to DEVELOPER's entry into this Agreement.
Permissible uses of financing proceeds shall include, without limitation, hard
construction costs, soft costs, architectural and engineering fees, financing costs,
carrying costs, debt service reserves, return of equity, developer fees, and any other
costs or distributions reasonably determined by DEVELOPER in its sole discretion
in connection with the development, construction, operation, or maintenance of the
Workforce Housing Project. DEVELOPER shall provide written notice to the
Town within thirty (30) days of recording any deed of trust or mortgage
encumbering the Trapper Circle Property.DEVELOPER
12.

Cooperation and Alternative Dispute Resolution.
a) Appointment of Representatives. To further the commitment of the Parties to
cooperate in the implementation of this Agreement, the Parties each shall designate
and appoint a representative to act as a liaison between the Town and its various
departments and DEVELOPER. The initial representative for the Town (the "Town
Representative") shall be its Town Manager; the initial representative for
DEVELOPER shall be its ______________________. The representatives shall
be available at all reasonable times to discuss and review the performance of the
Parties’ respective obligations under this Agreement.
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ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
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b) Expedited Town Decisions. The Parties agree that DEVELOPER must be able to
proceed expeditiously with the development of the Workforce Housing Project, the
construction of the Project, and that, accordingly, an expedited Town review
process is necessary once DEVELOPER has submitted complete and satisfactory
applications. The Town shall review all such matters in an expedited manner. The
Town shall publish, post and give all required notices relating to the same in a
diligent and expeditious manner. The Parties agree that if at any time
DEVELOPER believes that an impasse has been reached with the Town staff
concerning any issue affecting the Workforce Housing Project, the Project or the
Public Infrastructure, DEVELOPER shall have the right to immediately appeal to
the Town Representative for an expedited decision pursuant to this paragraph. If
the issue on which an impasse has been reached is an issue where a final decision
can be reached by the Town Staff, the Town Representative shall give
DEVELOPER a final decision within ten (10) business days after the request for an
expedited decision is made. If the issue on which an impasse has been reached is
one where a final decision requires action by the Town Council, the Town
Representative shall be responsible for scheduling a Town Council hearing on the
issue at the next regularly scheduled Town Council meeting after the request for an
expedited decision is made; provided however, that if the issue is appropriate for
review by the Town’s Planning and Zoning Commission, the matter shall be
submitted to the Commission first, and then to the Town Council. All Parties agree
to continue to use reasonably good faith efforts to resolve any impasse pending any
such expedited decision.
13.

Default and Remedies
a) Default by DEVELOPER:
i. If DEVELOPER misrepresents its position to the Town in this Agreement
by giving incorrect or misleading information in any material respect or fails
to comply with any other term of this Agreement, the Town reserves the
right enforce this Agreement in a court of law and DEVELOPER will be
responsible for the Town’s attorney fees and costs to do so.
ii. Except as expressly set forth herein to the contrary, if the Town claims a
default for DEVELOPER’s failure to perform as described in this
Agreement, the Town shall immediately deliver in writing a statement
describing the nature of the default with specificity. Thereafter,
DEVELOPER shall have sixty (60) calendar days from receipt of the
written default claim to cure said default. If DEVELOPER fails to cure
within said timeframe, the Town reserves the right to enforce this
Agreement in a court of law and DEVELOPER will be responsible for the
Town’s attorney fees and costs to do so.
iii. If DEVELOPER is or becomes dissolved.

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ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
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iv. If DEVELOPER becomes insolvent or is unable to pay its debts or fails or
admits in writing its inability generally to pay its debts as they become due.
v. If DEVELOPER makes a general assignment, arrangement or composition
with or for the benefit of its creditors.
vi. If DEVELOPER (A) institutes or has instituted against it, by a regulator,
supervisor or any similar official with primary insolvency, rehabilitative or
regulatory jurisdiction over it in the jurisdiction of its incorporation or
organization or the jurisdiction of its head or home office, a proceeding
seeking a judgment of insolvency or bankruptcy or any other relief under
any bankruptcy or insolvency law or other similar law affecting creditors’
rights, or a petition is presented for its winding-up or liquidation by it or
such regulator, supervisor or similar official, or (B) has instituted against it
a proceeding seeking a judgment of insolvency or bankruptcy or any other
relief under any bankruptcy or insolvency law or other similar law affecting
creditors’ rights, or a petition is presented for its winding-up or liquidation,
and such proceeding or petition is instituted or presented by a person or
entity not described in clause (A) above and either (a) results in a judgment
of insolvency or bankruptcy or the entry of an order for relief or the making
of an order for its winding-up or liquidation or (b) is not dismissed,
discharged, stayed or restrained in each case within 15 days of the institution
or presentation thereof.
vii. If DEVELOPER has a resolution passed for its winding-up, official
management or liquidation (other than pursuant to a consolidation,
amalgamation or merger).
viii. If DEVELOPER seeks or becomes subject to the appointment of an
administrator, provisional liquidator, conservator, receiver, trustee,
custodian or other similar official for it or for all or substantially all its
assets.
ix. If DEVELOPER has a secured party take possession of all or substantially
all its assets or has a distress, execution, attachment, sequestration or other
legal process levied, enforced or sued on or against all or substantially all
its assets and such secured party maintains possession, or any such process
is not dismissed, discharged, stayed or restrained, in each case within fifteen
(15) days thereafter.
x. If DEVELOPER causes or is subject to any event with respect to which,
under the applicable laws of any jurisdiction, has an analogous effect to any
of the events specified in the above clauses (inclusive).
b) Remedies against DEVELOPER:

Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 14

i. If DEVELOPER consolidates or amalgamates with, or merges with or into,
or transfers all or substantially all its assets to, or reorganizes, reincorporates
or reconstitutes into or as, another entity and, at the time of such
consolidation,
amalgamation,
merger,
transfer,
reorganization,
reincorporation or reconstitution the resulting, surviving or transferee entity
fails to assume all the obligations of under this Agreement, the Workforce
Housing Project shall immediately be deeded back to the Town. The Town
will pay DEVELOPER the actual construction costs for the Workforce
Housing Project plus 3% per annum for the value of the Workforce Housing
Project.
ii. If DEVELOPER shall at any time rent any Workforce Housing Project Unit
to a non-Qualified Tenant (i.e., a person who does not meet the definition
of a “Qualified Tenant” as set forth in Section 5 above), and following
written notice by the Town to DEVELOPER, DEVELOPER does not
promptly remove such tenant from the Workforce Housing Property Unit
and replace such non-Qualified Tenant with a Qualified Tenant, the Town
shall be entitled, without prejudice to any other right or remedy that it may
have under this Agreement, at law or in equity, to specific performance by
DEVELOPER of this Agreement and to receive reasonable attorney fees
and costs incurred in enforcing the terms of this Agreement. In the
alternative, the Town may terminate this Agreement and exercise any or all
other remedies available to it at law or in equity.
iii. If DEVELOPER is in default under any provision of this Agreement, the
Town shall be entitled, without prejudice to any other right or remedy that
it may have under this Agreement, at law or in equity, to specific
performance by DEVELOPER of this Agreement and to receive reasonable
attorney fees and costs incurred in enforcing the terms of this Agreement.
In the alternative, the Town may terminate this Agreement and exercise any
or all other remedies available to it at law or in equity.
14.

Notices and Filings.
a) Manner of Serving. All notices, filings, consents, approvals and other
communications provided for herein or given in connection herewith shall be
validly given, filed, made, delivered or served if in writing and delivered
personally, by overnight commercial courier, or sent by registered or certified
United States Mail, postage prepaid, if to:
The Town:

Town of Springdale
118 Lion Blvd.
P.O. Box 187
Springdale, UT 84767
Attn: Town Manager

Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
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DEVELOPER:

ARCILLA RIDGE, LLC
560 South Valley View Drive #3
St. George, UT 84770
P.O. Box 727
Santa Clara, UT 84765
Attn: Kyle Arbizu or Manager

Or to such other persons and addresses as either Party hereto may from time to time
designate in writing and deliver in a like manner.
b) Notices Effective. Notices shall be effective upon receipt or refusal.
15.
Acknowledgement Regarding Legal Representation. DEVELOPER expressly
acknowledges that the law firm of Snow Jensen & Reece, P.C. has heretofore represented, and will
hereafter continue to represent, only the Town in all aspects of this transaction, including the
negotiation and drafting of this Agreement and its incorporated Exhibits and in performing
periodic legal reviews associated with the development of the Workforce Housing Project as
requested by the Town. DEVELOPER further expressly acknowledges that it has not relied upon
any representation, counsel or legal advice from Snow Jensen & Reece, P.C. or any of its attorneys
in deciding whether to enter into this transaction or in evaluating this Agreement or its incorporated
Exhibits, and that DEVELOPER has relied, and will continue to rely, solely upon the
representations, counsel and legal advice of its own attorneys as deemed necessary by
DEVELOPER.
16.

General.
a) Waiver. No delay in exercising any right or remedy shall constitute a waiver
thereof, and no wavier by the Town or DEVELOPER of the breach of any covenant
of this Fourth Amended and Restated Agreement shall be construed as a waiver of
any preceding or succeeding breach of the same or any other covenant or condition
of this Fourth Amended and Restated Agreement.
b) Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. The signature pages from one or more counterparts may
be removed from such counterparts and such signature pages all attached to a single
instrument so that the signature of all Parties may be physically attached to a single
document.
c) Headings. The descriptive headings of the paragraphs of this Agreement are
inserted for convenience only and shall not control or affect the meaning or
construction of any of the provisions hereof.
d) Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated
herein by this reference with the same force and effect as if fully set forth in the
body hereof.
Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 16

e) Further Acts. Each of the Parties hereto shall execute and deliver all such
documents and perform all such acts as reasonably necessary, from time to time, to
carry out the matters contemplated by this Agreement. Without limiting the
generality of the foregoing, the Town shall cooperate in good faith and process
promptly any requests and applications for plans and specifications, plat or permit
approvals or revisions, and other necessary approvals relating to the development
of the Workforce Housing Project by DEVELOPER and its successors.
f) Time of the Essence. Time is of the essence in the performance of this Fourth
Amended and Restated Agreement.
g) Successors and Assigns. All the provisions of this Agreement shall inure to the
benefit of and be binding upon the successors and assigns of the Parties hereof. The
Town may not assign any of its rights or obligations hereunder. DEVELOPER may
only assign its rights and obligations hereunder following written approval by
Town and pursuant to a written instrument that binds the successor(s) or assignee(s)
of DEVELOPER in perpetuity to the covenants and obligations of the Agreement;
and in the event of an assignment by DEVELOPER to a related or successor or
assignee business entity, DEVELOPER will remain jointly and severally liable for
the obligations of such successor or assignee under this Agreement.
h) No Partnership and Third Parties. It is not intended by this Agreement to, and
nothing contained in this Agreement shall, create any partnership, joint venture or
other similar arrangement between DEVELOPER and the Town. No term or
provision of this Agreement is intended to, or shall, be for the benefit of any person,
firm, organization or corporation not a Party hereto, and no such other person, firm,
organization or corporation shall have any right or cause of action hereunder
Specifically, DEVELOPER bears sole responsibility for all liens that may be placed
on the property and for the timeliness of construction and related issues, and the
Town has no liability in respect to the same.
i) Entire Agreement. This Agreement constitutes the entire agreement between the
Parties hereto pertaining to the subject matter hereof.
All prior and
contemporaneous agreements, representations and understandings of the Parties,
oral or written, are hereby superseded and merged herein. Any modification of, or
amendment to, any provision contained in this Agreement shall be effective only if
the modification or amendment is in writing and signed by both Parties. Any oral
representation or modification concerning this Agreement shall be of no force or
effect.
j) Names and Plans. DEVELOPER shall be the sole owner of all names, titles, plans,
drawings, specifications, ideas, programs, designs, and work products of every
nature at any time developed, formulated or prepared by or at the instance of
DEVELOPER in connection with the Workforce Housing Project.

Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 17

k) Governing Law. This Agreement is entered into in Utah and shall be construed and
interpreted under the laws of the State of Utah.
l) Reformation. Should any term, provision, covenant or condition of this Agreement
be held to be void or invalid, the Parties shall reform this Agreement to conform as
closely as possible to the original intent hereof.
m) Excused Delay in Performance. In addition to specific provisions of this
Agreement, for a period of time equal to the period of the force majeure delay,
untimely performance by a Party hereto shall not be deemed to be a default where
delays or inability to perform are due to war, insurrection, strikes, slowdowns,
lockouts, riots, floods, earthquake, fires, casualties, acts of God, acts of the public
enemy, epidemics, quarantine restriction, freight embargoes, lack of transportation,
governmental restrictions or priority, litigation, severe weather, inability (when the
Party which is unable to perform is substantially without fault) of any contractor,
subcontractor or supplier to perform acts of the other Party, acts or the failure to act
of any utility, public or governmental agent or entity and/or other causes beyond
the reasonable control of said Party. In the event that a Party hereto is unable to
perform due to an event constituting force majeure as provided for above, then the
time for performance by said Party shall be extended as necessary for a period of
time up to the period of the force majeure delay.
n) Attorney’s Fees, Jurisdiction and Venue. The Parties expressly agree that the
prevailing Party in any dispute (whether or not such dispute is resolved formally or
informally, or by trial or alternative dispute resolution) shall be entitled to an award
of all of its costs and attorney’s fees. The Parties agree that the Fifth Judicial
District Court for Washington County, Utah shall have jurisdiction to resolve all
legal disputes; and the proper venue for any and all dispute resolution shall be in
Washington County, Utah.
o) Dispute Resolution. The Parties agree to submit to formal, non-binding mediation
before pursuing any other legal means of resolving any disputes over this
Agreement or the Project.
THIS AGREEMENT shall be binding upon the Parties hereto, their administrators,
heirs, successors or assigns and can be changed only by written agreement signed by all Parties.

Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 18

Effective Date.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on the

ARCILLA RIDGE, LLC, a Utah limited liability
company,
By: ____________________________________
Its: ____________________________________

TOWN OF SPRINGDALE,
a Utah municipal corporation,
By: ________________________________
Its: Mayor
ATTEST:
_______________________________
Town Clerk
APPROVED AS TO FORM:
_______________________________
Town Attorney

Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 19

State of Utah
County of Washington

)
ss.
)

The foregoing Trapper Circle Workforce Housing Land Disposal and Improvements
Agreement was acknowledged before me this ____ day of ________, 2026, by
____________________, who represented to me that he/she is the Manager of ARCILLA RIDGE,
LLC, a Utah limited liability company, and is acting on behalf of and with full authority to legally
bind the company to the terms and conditions of this Agreement.

__________________________________
Notary Public

Trapper Circle Workforce Housing Land Disposal and Improvements Agreement
ARCILLA RIDGE, LLC d/b/a DEVELOPERArcilla Ridge Apartments
Page 20

Exhibit 1
LEGAL DESCRIPTION
TRAPPER CIRCLE WORKFORCE HOUSING LAND DISPOSAL AND IMPROVEMENTS
AGREEMENT
Serial/Tax ID: S-100-C

S: 28 T: 41S R: 10W BEG AT PT S 754.746 FT ALG SEC/L & E 225.036 FT FM
W1/4 COR SEC 28 T41W R10W ALSO BEING INTSEC NLY & ELY F/L ALSO
R/W MARKER ON NWLY R/W LN HWY U-15 (NKA U-9) BEAR S 32*11'21 E
725.78 FT TH N 69*23'E 118.31 FT; TH S 04*01'30 W 7.74 FT; TH N 82*33' E
105 FT TO NLY & ELY LN LOT 6 O D GIFFORD SUR SEC 28; TH N 56* W
345.095 FT ALG NLY & ELY LN TO EXTN NLY & SLY F/L; TH S 16*37'10 E
251.01 FT ALG F/L & EXTN TO POB

Exhibit 2
Trapper Circle Site Plan

Trapper Circle Unit Plan

Exhibit 3
RESIDENT SELECTION CRITERIA

Thank you for your interest in our community. We are an Equal Housing Opportunity provider and comply
with the Federal Fair Housing Act, as well as all applicable state and local fair housing laws. We do not
discriminate on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin,
disability, familial status, source of income (where applicable by law), or any other characteristic protected
by federal, state, or local law.
The following standards are applied uniformly to all applicants to ensure consistent, objective, and nondiscriminatory evaluation of rental applications.
1. Application Requirements
• A completed rental application is required for each occupant age 18 or older.
• An application fee (non-refundable) may be required to cover the cost of screening.
• A security deposit and/or administrative fee may be required upon approval.
• Applications are processed in the order received once fully completed.
• Monthly rental rates are subject to change until a lease agreement is signed.
• Providing materially false, incomplete, or misleading information may result in denial.
2. Income and Employment Verification
• Applicants must demonstrate verifiable gross household income of at least 2.5 times the monthly rent,
unless otherwise required by a specific housing program.
• Income may include wages, self-employment earnings, retirement benefits, disability income, housing
vouchers, child support, or other lawful sources.
• All lawful sources of income will be considered in accordance with applicable law.
• Income must be verifiable through documentation such as pay stubs, employer verification, tax returns,
benefit letters, or other reliable records.
3. Rental History
• Applicants should provide up to 24 months of verifiable rental or housing history, where available.
• Positive rental history includes timely payment of rent and compliance with lease terms.
• Lack of rental history will not automatically result in denial; additional documentation or a qualified
co-signer may be considered.
• Evictions, lease violations, or unpaid rental balances may affect eligibility, subject to individualized
review.
4. Credit Screening
• A consumer credit report may be obtained for each applicant.
• Credit history will be evaluated based on overall risk factors, including payment history and
outstanding debt.
• No minimum credit score is required; applications are evaluated holistically.
• Applicants may qualify with an additional deposit or approved guarantor if credit history indicates
elevated risk.
• Any adverse action will comply with the Fair Credit Reporting Act (FCRA).
5. Criminal Background Screening
• A criminal background screening may be conducted in accordance with HUD guidelines.
• Arrest records alone will not be grounds for denial.

1

•

•

•

Convictions will be evaluated using an individualized assessment considering the nature and severity
of the offense, time elapsed since conviction, evidence of rehabilitation, and relevance to resident
safety or property protection.
A criminal background screening may be conducted in accordance with applicable law and HUD
guidance, and arrest records alone will not be grounds for denial. Individuals who are subject to a
lifetime registration requirement under a state sex offender registration program may be denied
occupancy in accordance with federal law. Other criminal convictions, including but not limited to
offenses involving the manufacture or distribution of controlled substances, violent felony offenses, or
conduct presenting a substantial risk to persons or property, will be evaluated through an
individualized assessment considering the nature and severity of the offense, the time elapsed since
conviction or completion of sentence, relevant facts and circumstances, evidence of rehabilitation, and
the relevance of the conduct to the health, safety, and peaceful enjoyment of the community;
management reserves the right to deny an application when it determines, after such review, that the
applicant’s criminal history demonstrates a current, credible risk to the safety of residents, staff, or
property, and this policy will be applied consistently and in a nondiscriminatory manner in compliance
with federal, state, and local fair housing laws.
This policy is applied consistently to all applicants.

6. Identification
• Government-issued photo identification is required to verify identity.
• We do not require proof of citizenship or immigration status unless required by a specific affordable
housing program.
7. Renter’s Insurance
• Proof of renter’s insurance may be required prior to move-in.
• Insurance requirements will be applied uniformly to all residents.
8. Utilities
• Residents are responsible for utilities designated in the lease agreement.
• If required, utility accounts must be established prior to occupancy.
9. Conditional Approval
• Applicants who do not fully meet one or more screening criteria may be eligible for conditional
approval, which may include an additional security deposit (not to exceed applicable legal limits)
and/or an approved guarantor.
• All conditional approvals will be applied consistently and within legal limits.
10. Cancellation Policy
• Applicants may cancel within 48 hours of submission of a holding deposit with written notice. After 48
hours, administrative or holding fees may be forfeited in accordance with applicable law and disclosed
terms.
11. Additional Community-Specific Criteria
• Certain properties may have additional requirements due to regulatory programs (e.g., LIHTC, HOME,
workforce housing). Any additional criteria will be disclosed in writing and applied consistently.

2

Exhibit 4
Application For “Shadow Ridge Apartments”
6129 West 100 South,
Hurricane,UT ,
84737
Phone: (888) 874-3497

Apartment Information
Apartment: 26

Move in Date: 4/3/2026

Floor Plan:

Lease Term : 12

Bed: 1

Deposit: $500.00

Bath: 1.00

Rent: $1,325.00

Area: 598

Applicant Information
Name:
Preferred Name:
Marital Status:
Email:
Phone:
Country:
Address:

Residency From: 3/3/2024

Monthly Rent/Monthly mortgage $2,125.00
payments:
Reason for Moving: moving out of parents
Apartment Community:
Management Company:

Date Of Birth: ********
Do you have a Social Yes
Security Number?:
SSN:
Government Issued ********
Identification Number:
Government Issuing UT
Entity:
License Country: US
Within the past seven No
years (from today), have
you been evicted from a
rental property by court
order?:
If yes, details
Within the past seven No
years (from today), have
you been convicted of a
felony?:
If yes, details
Are you currently a No
defendant in a civil
landlord-tenant or a
criminal case?:

Management Company Phone:
Was 30 days notice given: Yes

Previous Address Information
Address:
Monthly rent paid:

Residency
From:
Reason for
moving:
Was 30 days
Yes
notice given?:
Landlord Name:

US
$0.00

Apartment
Community:
Management
Company:
Management
Company phone:

Landlord
Phone:
Landlord Email:

Employment Information
Country: US
Employment

Job Title: Framer

Employed

Employed Since: 10/12/2023

Status:
Employer:

Monthly Income: $2,600.00

Supervisors Name:

Do you have a No
Housing Voucher?

Address: Travel for work
St george.UT,
84790

Additional Income: $0.00
Additional Income Annually
Period:
Additional Income
Source:
Employers Phone:

Previous Employment Information
Employer:

Job Title:

Supervisors
Name:
Address:

Previous Employer Start
Date:
Previous Employer End
Date:

Monthly Income: $0.00
Additional Income: $0.00
Additional Income Annually
Period:
Additional Income
Source:

Employers Phone:

Emergency Information
Name:
Relationship:
Phone:
Country:
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Pets Information
Pet Type

Weight(lbs)

Age

Color

Name

Breed

Gender

Spayed/Ne
utered

Service
Animal

8.00

2

black

Juniper

Boston
Terrier

Female

Yes

No

10.00

7

Grey

Charlie

Tabby

Male

Yes

No

Vehicle Information
Make

Model

Year

Color

License Plate

State

Ram

1500

2019

White

Unknown

UT

Subaru

Outback

2011

Salmon

Unknown

UT

Terms Accepted

Terms
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Application fee disclaimerI accept that Application fees are non-refundable, even if
Mar 27 2026 9:35AM
the application is denied, except to the extent otherwise
required by applicable law.
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where I am applying to obtain a screening report about
me and agree to pay any applicable and permitted
application or screening fees that are properly disclosed to
me. I also verify that the statements and information that I
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have provided in this application are true, correct, and
complete, and that the email I provided for this
application is valid and belongs to me (or I am authorized
to access and use it in connection with this application),
and that I have read, understand, and consent to all of the
following:
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reference, and/or background check. Click here to read
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Signature in Application InformationBy signing this application, I agree that the information Mar 23 2026 2:52PM
provided in this application is true and correct.

IP
65.130.199.176

65.130.199.176

65.130.199.176
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65.130.199.176

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IP
65.130.199.176
65.130.199.176
65.130.199.176
65.130.199.176
0.0.0.0
172.59.155.23

Exhibit 5
WHEN RECORDED RETURN TO:
J. Gregory Hardman
Snow Jensen & Reece, P.C.
912 West 1600 South
Suite B-200
St. George, UT 84770
SEND PROPERTY TAX NOTICE TO:
Town of Springdale
P.O. Box 118
Springdale, UT 84767
Attn: Town Manager
Serial/Tax ID: S-100-C
NOTICE OF LIEN FOR DEFERRED IMPACT FEES ASSESSMENTS
In accordance with Section 8 of the Trapper Circle Workforce Housing Land Disposal and
Improvements Agreement, dated ________________, 2026, between the TOWN OF
SPRINGDALE, a Utah municipal corporation, and NOBLE REALTY & MANAGEMENT
GROUP LLC, a Utah limited liability company, and pursuant to Utah Code Ann. § 38-12-102,
the property described below is subject to a lien in favor of the Town of Springdale for the
deferral of impact fees for this property for culinary water and parks and open space.
1. The name, address and telephone number of the legal owner of title to the property as of
the recording of this instrument are:
Noble Realty & Management Group LLC
560 South Valley View Drive #3
St. George, UT 84770
P.O. Box 727
Santa Clara, UT 84765
Office: (435) 656-0770
Attn: Manager
2. The legal description of the property is:
S: 28 T: 41S R: 10W BEG AT PT S 754.746 FT ALG SEC/L & E 225.036 FT
FM W1/4 COR SEC 28 T41W R10W ALSO BEING INTSEC NLY & ELY
F/L ALSO R/W MARKER ON NWLY R/W LN HWY U-15 (NKA U-9)
BEAR S 32*11'21 E 725.78 FT TH N 69*23'E 118.31 FT; TH S 04*01'30 W
7.74 FT; TH N 82*33' E 105 FT TO NLY & ELY LN LOT 6 O D GIFFORD
SUR SEC 28; TH N 56* W 345.095 FT ALG NLY & ELY LN TO EXTN
NLY & SLY F/L; TH S 16*37'10 E 251.01 FT ALG F/L & EXTN TO POB

ST 5 Trapper Circle - Deferred Impact Fee Assess. 227058.26 04.06.26 jgh

3. The name, address and telephone number of the lien claimant are:
Town of Springdale
118 Lion Boulevard
P.O. Box 187
Springdale, Utah 84767
Office: (435) 772-3434
Attn: Town Manager
4. The amount of the lien for the deferred impact fee is $__________. This lien shall run
with the land and shall not be extinguished until a Release of Lien is recorded by the
Town of Springdale upon receipt of payment in full of the lien amount, plus any accrued
interest, and attorney fees and costs of collection, if applicable, or until the property is
obtained by the Town of Springdale upon the conclusion of foreclosure proceedings.
5. The duration of the deferral of impact fees is for the Term of the Trapper Circle
Workforce Housing Land Disposal and Improvements Agreement, namely fifty (50)
consecutive years, unless terminated earlier based on an uncured default. Upon the
termination of the deferral period, the amount of the deferred impact fee (i.e., the amount
of the lien) is due and payable to the Town of Springdale in full by Noble Realty &
Management Group LLC, or its successor or assignee, as applicable. If not paid in full
within ten (10) days following the end the Term, the lien will thereafter accrue interest at
the rate of eighteen percent (18%) per annum until paid in full.
6. In the event the Town of Springdale must commence legal action to collect the lien,
including but not limited to judicial or non-judicial foreclosure proceedings as provided
in the Utah Code, the Town shall be entitled to recover all costs and attorney fees
incurred to recover said lien amount.
7. A copy of this Notice of Lien is being served on Noble Realty & Management Group
LLC on the date of recording thereof via certified mail, and the article number contained
on the certified mail receipt is: _______________________________________.
THIS Notice of Lien for Deferred Impact Fees Assessments is recorded on this _____
day of _________, 2026.
TOWN OF SPRINGDALE
_________________________
Barbara Bruno, Mayor

Notice of Lien for Deferred Impact Fee Assessments
Trapper Circle Workforce Housing Project
Page 2

ATTEST AND ACKNOWLEDGEMENT
On the ____ day of _____________, 20___, personally appeared before me
_______________________, Mayor of the Town of Springdale, who upon oath signed the
foregoing Notice of Lien for Deferred Impact Fees Assessments pursuant to authorization by the
Town Council.
_____________________________
Robin Romero, Town Clerk

Notice of Lien for Deferred Impact Fee Assessments
Trapper Circle Workforce Housing Project
Page 3

Exhibit 6
Recorded at request of:
Town of Springdale
c/o Thomas Dansie
P.O. Box 187
Springdale, UT 84767
Return recorded deed and mail tax notice to:
Mountain Country Home Solutions
c/o Director or Administrator
1031 West Center Street
Suite 302
Orem, UT 84057
Serial/Tax ID: S-100-C

GENERAL WARRANTY DEED
(with Right of Reversion)
TOWN OF SPRINGDALE, a Utah municipal corporation, Grantor, hereby CONVEYS and
WARRANTS all right, title, and interest that Grantor has to NOBLE REALTY &
MANAGEMENT GROUP LLC, a Utah limited liability company, with an address of 560 South
Valley View Drive #3, St. George, UT 84770 and P.O. Box 727, Santa Clara, UT 84765, Grantee,
for the sum of TEN DOLLARS, ($10.00) and other good and valuable consideration, the following
described real property located in Washington County, State of Utah (the “Property”):
S: 28 T: 41S R: 10W BEG AT PT S 754.746 FT ALG SEC/L & E 225.036 FT
FM W1/4 COR SEC 28 T41W R10W ALSO BEING INTSEC NLY & ELY F/L
ALSO R/W MARKER ON NWLY R/W LN HWY U-15 (NKA U-9) BEAR S
32*11'21 E 725.78 FT TH N 69*23'E 118.31 FT; TH S 04*01'30 W 7.74 FT; TH
N 82*33' E 105 FT TO NLY & ELY LN LOT 6 O D GIFFORD SUR SEC 28;
TH N 56* W 345.095 FT ALG NLY & ELY LN TO EXTN NLY & SLY F/L;
TH S 16*37'10 E 251.01 FT ALG F/L & EXTN TO POB
Right of Reversion
Grantee acknowledges that Grantor’s willingness to sell the Property to Grantee is
expressly conditional upon Grantee ensuring that the following conditions and uses of the Property
are expressly followed (the “Workforce Housing Project Criteria”):
1. Grantee will only lease Workforce Housing Project Units on the Property to “Qualified
Tenant” as defined below and in and pursuant to the terms of that certain “Trapper Circle
Workforce Housing Land Disposal and Improvements Agreement,” dated
________________, 2026.
General Warranty Deed with Reversionary Clause
Trapper Circle Workforce Housing Project
Town of Springdale, Utah
1

2. Qualified Tenant
a. In order to qualify as a Qualified Tenant, a person must apply using a form provided
by Grantee called a “Resident Application Form.” The Resident Application Form
may be subject to change from time to time based upon qualifying criteria
determined by Grantor and Grantee. This potential renter is referred to as a
“Qualified Tenant.” Grantor and Grantee will make the final determination of
whether a person meets the requirements to be a Qualified Tenant. The criteria to
select Qualified Tenants will be based on a point system pre-established to the
advertisement of the availability of a Workforce Housing Project Unit. In the event
of a tie, a lottery drawing will be held.
b. Only a person can be a Qualified Tenant.
c. Grantee shall ensure that a Qualified Tenant’s household rent is restricted to 100%
of the Washington County Area Median Income (“AMI”) Limit for a one-bedroom
apartment. Grantee shall not be required to set a maximum rent income limit,
although it may restrict household earnings to a minimum of 2.5 times the amount
of rent. At present, this restriction is set to $1,888. Grantee shall be permitted to
charge back common utilities and a required internet package in addition to rent
restricted at 100% of Washington County AMI.
d. Grantee shall only rent to a Qualified Tenant who is “actively employed” as defined
by Springdale Town Code, Chapter 10, Article 13G, Section 4 as follows:
i. A person must work (1) within the municipal boundaries of the Town of
Springdale or in Zion National Park (persons who work for outdoor or
adventure guiding or tour services based in Springdale and who meet clients
in Springdale satisfy this criterion, even if the guided trip or tour occurs
outside of Springdale); (2) for an employer whose business location is in
the Town of Springdale or Zion National Park; and (3) for at least 1,560
hours per year. A person must meet all three of these criteria to be qualified
as “actively employed.”
e. Grantee shall ensure the Qualified Tenant is “actively employed” for the entire
duration of the person’s tenancy in a Workforce Housing Project Unit.
f. Grantee shall require a Qualified Tenant to certify annually that the Qualified
Tenant meets all the requirements enumerated herein to be a Qualified Tenant by
obtaining from each Qualified Tenant a report by July 31 of each year and
certifying that the Qualified Tenant is in compliance with all requirements. The
report shall contain the following information for each Workforce Housing
Project Unit:
i. Name of the Qualified Tenant(s) who are living in the Workforce Housing
Project Unit;

General Warranty Deed with Reversionary Clause
Trapper Circle Workforce Housing Project
Town of Springdale, Utah
2

ii. Name of the business and business manager employing the Qualified
Tenant(s);
iii. Number of hours the Qualified Tenant(s) worked for the employer in the
previous six months;
iv. Number of hours the Qualified Tenant(s) is/are anticipated to work for the
employer(s) in the next six months;
v. Statement by each Qualified Tenant that the Workforce Housing Project
Unit is the Qualified Tenant’s primary residence;
vi. Statement by each Qualified Tenant that the Qualified Tenant is not
subleasing the Workforce Housing Project Unit; and
vii. The notarized signatures of the Qualified Tenant(s) and the manager(s) of
the business or organization for which each Qualified Tenant affirms under
penalty of perjury that the information on the Resident Application Form,
as well as all annual recertifications thereof, is true and correct.
g. In the event Grantee finds that a Qualified Tenant does not meet these
requirements, Grantee shall allow the Qualified Tenant the following:
i. Thirty (30) calendar days after Grantee receives notice to cure for a
violation of subsections 2(d), 2(g), 2(h), or 2(i);
ii. Thirty (30) calendar days after Grantee receives notice to cure for a
violation of subsections (e) or 2(f) if the Qualified Tenant was no longer
“actively employed” based on the Qualified Tenant’s own choice or
because the Qualified Tenant was terminated for cause;
iii. Two (2) months after Grantee receives notice to cure for a violation of
subsections 2(e) or 2(f) if the Qualified Tenant was no longer “actively
employed” because the Qualified Tenant was laid off or suffered a
reduction in force by Qualified Tenant’s former employer and the
Qualified Tenant had been “actively employed” for up to and including
one (1) year; or
iv. Four (4) months after Grantee receives notice to cure for a violation of
subsections 2(e) or 2(f) if the Qualified Tenant was no longer “actively
employed” because the Qualified Tenant was laid off or suffered a
reduction in force by Qualified Tenant’s former employer and the
Qualified Tenant had been “actively employed” for over one (1) year.
h. Grantor and Grantee shall decide if the cure from subsection 2(i) is satisfactory.
i.

Notwithstanding any other provisions of this subsection 2, upon a showing of undue
hardship by a Qualified Tenant, Grantor and Grantee may, in their sole discretion,
General Warranty Deed with Reversionary Clause
Trapper Circle Workforce Housing Project
Town of Springdale, Utah
3

approve a Qualified Tenant’s written application to Grantee to continue residing in
a Workforce Housing Project Unit beyond the cure period.
Without prejudice to the rights and remedies of the Grantor hereunder, it is agreed and
understood that if, after conveyance of the Property to Grantee, Grantee shall fail to carry out the
Workforce Housing Project Criteria, the Grantor may, in the exercise of Grantor’s sole and absolute
discretion, exercise its Right of Reversion, in which event the Grantee shall (if so demanded in
writing by the Grantor) execute such deeds or other documents as may be required to exercise such
Right of Reversion. Before exercising Grantor’s Right of Reversion after the failure of Grantee to
follow any criterion of the Workforce Housing Project Criteria, Grantor will issue Grantee a written
notice to cure (the “Notice to Cure”), providing Grantee thirty (30) calendar days in which to
correct the violation. If the violation is not corrected within thirty (30) calendar days following
Grantor’s issuance of a Notice to Cure to Grantee at the address first set forth above for Grantee,
Grantee will execute and deliver a general warranty deed to Grantor, conveying title to the Property
to Grantor without encumbrances, liens, or any impairments to title whatsoever.
WITNESS the hand of said Grantor, this _____ day of ________________ 2026.
TOWN OF SPRINGDALE

___________________________________
By: Barbara Bruno
Its: Mayor
STATE OF UTAH

)
: ss.
County of Washington )
On the _____ day of ____________________ 2026, personally appeared before me
Barbara Bruno, in her capacity as Mayor of the Town of Springdale, a Utah municipal corporation,
who is personally known to me to be the signer of the foregoing instrument, who duly
acknowledged before me that she executed the same and representing that she has full legal
authority from this entity to execute this General Warranty Deed.
Witness my hand and official seal.

__________________________________________
Notary Public
Commission Expires: ________________________

General Warranty Deed with Reversionary Clause
Trapper Circle Workforce Housing Project
Town of Springdale, Utah
4

Exhibit 7

WHEN RECORDED, PLEASE RETURN TO:
J. Gregory Hardman
SNOW JENSEN & REECE, PC
912 West 1600 South, Suite B-200
St. George, Utah 84770
Serial/Tax ID: S-100-C

RESTRICTIVE COVENANT
This RESTRICTIVE COVENANT is entered into this _______ day of ______________,
2026 (the “Effective Date”), by and between ARCILLA RIDGE, LLC, a Utah limited liability
company (the “Developer”), as Grantor, and the TOWN OF SPRINGDALE, UTAH, a municipal
corporation (the “Town”), as Grantee.
RECITALS
A.
The Developer owns Washington County, Utah parcel S-100-C, which is situated
within the Town of Springdale, Utah, and legally described as follows:
S: 28 T: 41S R: 10W BEG AT PT S 754.746 FT ALG SEC/L & E 225.036 FT
FM W1/4 COR SEC 28 T41W R10W ALSO BEING INTSEC NLY & ELY
F/L ALSO R/W MARKER ON NWLY R/W LN HWY U-15 (NKA U-9) BEAR
S 32*11'21 E 725.78 FT TH N 69*23'E 118.31 FT; TH S 04*01'30 W 7.74 FT;
TH N 82*33' E 105 FT TO NLY & ELY LN LOT 6 O D GIFFORD SUR SEC
28; TH N 56* W 345.095 FT ALG NLY & ELY LN TO EXTN NLY & SLY
F/L; TH S 16*37'10 E 251.01 FT ALG F/L & EXTN TO POB
(hereinafter the “Subject Property”).
B.
Developer acquired ownership of the Subject Property from the Town on condition
that Developer construct, operate, and manage the Trapper Circle Workforce Housing Project (the
“Workforce Housing Project”) on the Subject Property for a term of not less than fifty (50) years
as memorialized in that certain Trapper Circle Workforce Housing Land Disposal and
Improvements Agreement, dated ___________________, 2026.
C.
The Developer can proceed with its development of the Workforce Housing Project
only if it first provides this Restrictive Covenant affecting the Subject Property as detailed herein
(the “Covenant”).
D.
The Covenant will apply to and be enforceable against the Developer, its
successors, and assigns, and any one or all of which may be future owners of the Subject Property
that is affected by this Covenant and will restrict and limit development on the Subject Property
as set forth herein.
REDLINES-ST 5 Trapper Circle - Restrictive Covenant 227058.26 04.07.26 jgh (2)

THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the Developer and the Town
hereby agree as follows:
RESTRICTIVE COVENANT
1.
Covenant Defined. The Developer hereby covenants that from and after the
Effective Date of this Restrictive Covenant, any and all future and further development and use of
the Subject Property will be consistent with the requirements stated in this Restrictive Covenant
and in the Trapper Circle Workforce Housing Land Disposal and Improvements Agreement, dated
___________________, 2026.
Specifically, Developer covenants as follows:
(a)
Development Criteria. The development of the Workforce Housing Project
including, without limitation, the type of use, the maximum height and size of buildings, building
setback requirements, parking requirements, landscaping requirements, and provisions for
reservation or dedication of land for public purposes, will be governed by the following
(collectively the “Development Criteria”) as they exist at the time Developer makes application
for any permit, approval or other authorization required as a condition of development:
(i)
All provisions of the Springdale Town Land Use ordinance, found
in Title 10 of the Springdale Town Code, including but not limited to: Administration and
Procedure—Title 10, Chapter 3; Central Commercial Zone –Title 10, Chapter 11A;
Design/Development Review—Title 10, Chapter 15; Architectural Standards and Design
Guidelines—Title 10, Chapter 16; Color Palette, Title 10—Chapter 17; and Landscaping—Title
10, Chapter 18.
(b) General Requirements for Rentals of Workforce Housing Project Units.
(i)
The term “Qualified Tenant” means a person meeting the income
and employment qualifications set forth in this Restrictive Covenant the Resident Selection
Criteria attached to the Trapper Circle Workforce Housing Project Land Disposal and
Improvements Agreement as Exhibit 3.
(ii)
Developer shall ensure a Qualified Tenant does not make any
modifications to a Workforce Housing Project Unit without the prior written approval of
Developer and in conformity with then prevailing Town ordinances. Developer will perform a
comprehensive annual inspection within each Workforce Housing Project Unit. Developer will
perform quarterly inspections outside of each Workforce Housing Project Unit.
(iii) Parkplace shall ensure that a Qualified Tenant's household rent is
restricted to 100% of the Washington County Area Median Income ("AMI") Limit, as published
annually by the U.S. Department of Housing and Urban Development ("HUD"), for a household
Restrictive Covenant
Trapper Circle Workforce Housing Project
Page 2

size equal to two (2) persons per bedroom plus one (1) additional person for the applicable unit
type (e.g., for a one-bedroom unit, the applicable household size shall be three (3) persons). In the
event the Workforce Housing Project includes unit types with varying bedroom counts, the
applicable AMI household size shall be calculated separately for each unit type using the same
formula. Parkplace shall not be required to set a maximum household income limit, although it
may restrict household earnings to a minimum of 2.5 times the monthly rent amount. The
applicable rent limit shall be updated annually upon HUD's publication of updated AMI figures
for Washington County, Utah, and Parkplace shall adjust rents accordingly at the next lease
renewal following such publication. Parkplace shall be permitted to charge back common utilities
and a required internet package in addition to rent restricted at 100% of Washington County AMI
as calculated herein.
(iv)

Only a person can be a Qualified Tenant.

(v)
Developer shall only rent to a Qualified Tenant who is “actively
employed” as defined by Springdale Town Code, Chapter 10, Article 13G, Section 4. This means
a person must work (aa) within the municipal boundaries of the Town of Springdale or in Zion
National Park (persons who work for outdoor or adventure guiding or tour services based in
Springdale and who meet clients in Springdale satisfy this criterion, even if the guided trip or tour
occurs outside of Springdale); (bb) for an employer whose business location is in the Town of
Springdale or Zion National Park; and (cc) for at least 1,560 hours per year. A person must meet
all three of these criteria to be qualified as “actively employed.”
(vi)
Developer shall ensure the Qualified Tenant is “actively employed”
for the entire duration of the person’s tenancy in a Workforce Housing Project Unit.
(vii) Developer shall require a Qualified Tenant to certify annually that
the Qualified Tenant meets all the requirements enumerated herein to be a Qualified Tenant by
obtaining from each Qualified Tenant a report by July 31 of each year and certifying that the
Qualified Tenant is in compliance with all requirements of this Restrictive Covenant and the
Trapper Circle Workforce Housing Project Land Disposal and Improvements Agreement.
(c)
Binding Nature, Duration, and Amendment of Covenant. The terms of this
Restrictive Covenant constitute covenants running with the land that are binding upon the
Developer and all assigns, representatives, and successors of the Developer for a term of fifty (50)
consecutive years from the Effective Date. The Workforce Housing Project in the Subject Property
will be held, conveyed, hypothecated, encumbered, leased, rented and occupied subject to the
covenants, limitations, and restrictions set forth herein and in the Trapper Circle Workforce
Housing Land Disposal and Improvements Agreement. Any buyer or transferee of Developer, by
acceptance of a deed therefor, or by the signing of such contract or agreement, will be deemed to
have consented to and accepted the Restrictive Covenant, whether or not there is any express
reference to this Restrictive Covenant in such deed or contract. This Covenant applies for the time
Restrictive Covenant
Trapper Circle Workforce Housing Project
Page 3

periods stated in this subsection (c). This Restrictive Covenant may be amended at any time by a
recorded document executed and acknowledged by the Developer and the Town.
2.
Enforcement. The Town reserves the right to review and enforce compliance with
all provisions of this Restrictive Covenant against the Developer and all legal representatives or
successors and assigns of the Developer.
(a)
In the event the Town believes that the Developer is in default of any of the
provisions of this Restrictive Covenant, the Town will give the Developer thirty (60) calendar
days’ written notice of such default, which notice will state the nature of the default. If the default
is not cured to the satisfaction of the Town within thirty (60) calendar days from the giving of the
notice, the Town may pursue any or all remedies available in law or in equity.
(b)
The remedies available to the Town for a default include, by way of
example and not by limitation, the right to specific performance of this Restrictive Covenant, the
right to a mandatory injunction requiring compliance with this Restrictive Covenant, the
disgorgement of revenue received from any sale or rental conducted in violation of this Restrictive
Covenant, and damages and injunctive relief for breach of this Restrictive Covenant. All the
remedies available to the Town shall be cumulative, and the Town’s election to pursue any remedy
will not preclude the Town from then or later pursuing one or more other remedies.
(c)
In any action based on this Restrictive Covenant, the prevailing party will
be awarded its costs and attorneys’ fees from the other party. Venue for any legal action for breach
of, or to enforce, this Restrictive Covenant will be proper only in Washington County, Utah.
(d)
If any Workforce Housing Project Unit is transferred or rented in a manner
that is not in full compliance with the terms of this Restrictive Covenant, the transfer or rental
agreement will be wholly null and void and will confer no title whatsoever or rights of occupancy
upon the purported transferee or tenant, as applicable.
(e)
This Restrictive Covenant will be senior and superior to, and will not be
subordinated to, any other liens or encumbrances on title to all portions of the Subject Property
and will survive and not be extinguished by foreclosure of or deed-in-lieu of foreclosure regarding
any such other liens or encumbrances.
3.

Miscellaneous.

(a)
Notices. Notice to the parties will be given in writing and delivered in
person or sent by certified U.S. Mail, postage prepaid and return receipt requested, or by national
commercial courier to the parties as set forth below. Such notice will be deemed given when
delivered in person or to the recipient party by the U.S. Mail or national commercial courier.
The Town:

Town of Springdale
118 Lion Blvd.
Restrictive Covenant
Trapper Circle Workforce Housing Project
Page 4

P.O. Box 187
Springdale, UT 84767
Attn: Town Manager
The Developer:

ARCILLA RIDGE, LLC
560 South Valley View Drive #3
St. George, UT 84770
P.O. Box 727
Santa Clara, UT 84765
Attn: Manager

Or to such other persons and addresses as either party hereto may from time to time designate in
writing and deliver in a like manner.
(b)
Severability. If any provision of this Restrictive Covenant is held by a
court of proper jurisdiction to be invalid or unenforceable, the remaining provisions will survive
and their validity, legality and enforceability will not in any way be affected or impaired thereby;
and the court may, but will not be required to, fashion a substitute for the provision held to be
invalid or unenforceable.
(c)
Headings. The headings of this Restrictive Covenant are for convenience
and will not be used to interpret the meaning of any provision hereof.
(d)
Governing Law. This Restrictive Covenant is entered into in Utah and
shall be construed and interpreted under the laws of the State of Utah.
IN WITNESS WHEREOF, the Developer and the Town have caused this Restrictive
Covenant to be executed as of the Effective Date.
ARCILLA RIDGE, LLC
_________________________________
By: Kyle Arbizu
Its: Managing Member
State of Utah
County of Washington

)
ss.
)

The foregoing Restrictive Covenant was acknowledged before me this _____ day of
_________________, 2026, by Kyle Arbizu, a managing member of the Developer, for the uses
and purposes set forth herein.
Restrictive Covenant
Trapper Circle Workforce Housing Project
Page 5

__________________________________
Notary Public

Restrictive Covenant
Trapper Circle Workforce Housing Project
Page 6

TOWN OF SPRINGDALE,
a Utah municipal corporation,
__________________________________
By: Barbara Bruno
Its: Mayor
ATTEST:
_______________________________
Robin Romero, Town Clerk

Restrictive Covenant
Trapper Circle Workforce Housing Project
Page 7

Memorandum
To:
From:
Date:
Re:

Springdale Town Council
Ryan Gubler, Director of Parks and Recreation
April 16, 2026
River Park Project Contract Approval

In 2024, Assist, Inc. completed their public engagement efforts for the redesign and expansion of
the George A. Barker River Park. In the June 12 Town Council Meeting, a final design of the
park was approved after input was received by members of the community. Later, the Town was
awarded grant money from both the Utah Division of Outdoor Recreation and Washington
County Destination Development Fund to assist in the completion of the project. The next step
in the process was to identify and hire a contractor to complete the construction of the new park
space.
With the help of Assist, The Town was able to advertise an invitation for bids for the project in
March 2025. The Town received sealed bids from three different applicants: Interstate Rock
Products, Progressive Contracting, and Mountain States Contractors.
Per Chapter 9 of Town Code and in compliance with the Town’s procurement policy, The Town
went through the competitive sealed bid process which stipulates that any procurement with a
dollar amount of $50,000.00 or more “shall be awarded to the lowest responsible and responsive
bidder, whose bid meets the requirements and criteria set forth in the invitation for bids” (Town
Code 1-9-6 (D)).
Interstate Rock Products submitted the application with the lowest bid at $1,355,775.80. It was
determined through analyses and bid tabulation by Assist that this bid was both responsible and
responsive.
Once approved by Town Council, a Notice to Proceed will be issued and the contractor will be
allowed to begin work. The anticipated length of this project for Interstate Rock is 120 days.
Included with this report is a copy of the following:
•
•
•

A bid tabulation showing the bid amounts from all three applicants
A proposed contract and supporting documents between the Town and Interstate Rock
Products that have been reviewed by our legal team at Snow, Jensen, and Reece
A copy of the approved site plan

It is recommended that the Council approve the contract between the Town of Springdale and
Interstate Rock Products for construction services for the George A. Barker River Park
expansion project and direct the Mayor to sign.

Springdale River Park Expansion and Redevelopment

Bid Tab
Bidding Contractor
Interstate Rock Products, Inc.
Progressive Contracting, Inc.
Mountain States Contractors, Inc.

Addendum Acknowledgement
Add 01
Add 02
Add 03
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

Asphalt Unit Pricing: $ / SF
Resurfacing
Replacement
$
0.60 $
3.60
$
8.20 $
12.00
$
2.71 $
7.57

Bid Bond?
Yes
Yes
Yes

Work Duration
120 Days
90 Days
148 Days

$
$
$

Bid Amount
1,355,775.80
1,999,974.06
1,417,059.19

®

AIA Document A201 – 2017
®

General Conditions of the Contract for Construction
for the following PROJECT:
(Name and location or address)
George A. Barker River Park Expansion and Redesign
1751 Zion Park Blvd
Springdale, UT 84767
THE OWNER:
(Name, legal status and address)
Town of Springdale
118 Lion Blvd
Springdale, UT 84767
THE ARCHITECT:
(Name, legal status and address)
ASSIST Inc
218 East 500 South
Salt Lake City, UT 84111
TABLE OF ARTICLES
1

GENERAL PROVISIONS

2

OWNER

3

CONTRACTOR

4

ARCHITECT

5

SUBCONTRACTORS

6

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7

CHANGES IN THE WORK

8

TIME

9

PAYMENTS AND COMPLETION

10

PROTECTION OF PERSONS AND PROPERTY

11

INSURANCE AND BONDS

12

UNCOVERING AND CORRECTION OF WORK

13

MISCELLANEOUS PROVISIONS

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.

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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, 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 [email protected].
User Notes:
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1

14

TERMINATION OR SUSPENSION OF THE CONTRACT

15

CLAIMS AND DISPUTES

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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, 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 [email protected].
User Notes:
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2

INDEX
(Topics and numbers in bold are Section headings.)
Acceptance of Nonconforming Work
9.6.6, 9.9.3, 12.3
Acceptance of Work
9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3
Access to Work
3.16, 6.2.1, 12.1
Accident Prevention
10
Acts and Omissions
3.2, 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, 15.2
Addenda
1.1.1
Additional Costs, Claims for
3.7.4, 3.7.5, 10.3.2, 15.1.5
Additional Inspections and Testing
9.4.2, 9.8.3, 12.2.1, 13.4
Additional Time, Claims for
3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6
Administration of the Contract
3.1.3, 4.2, 9.4, 9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13
Allowances
3.8
Applications for Payment
4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10
Approvals
2.1.1, 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, 13.4.1
Arbitration
8.3.1, 15.3.2, 15.4
ARCHITECT
4
Architect, Definition of
4.1.1
Architect, Extent of Authority
2.5, 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, 15.2.1
Architect, Limitations of Authority and
Responsibility
2.1.1, 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, 15.2
Architect’s Additional Services and Expenses
2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4
Architect’s Administration of the Contract
3.1.3, 3.7.4, 15.2, 9.4.1, 9.5
Architect’s Approvals
2.5, 3.1.3, 3.5, 3.10.2, 4.2.7

Architect’s Authority to Reject Work
3.5, 4.2.6, 12.1.2, 12.2.1
Architect’s Copyright
1.1.7, 1.5
Architect’s Decisions
3.7.4, 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, 15.2
Architect’s Inspections
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4
Architect’s Instructions
3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2
Architect’s Interpretations
4.2.11, 4.2.12
Architect’s Project Representative
4.2.10
Architect’s Relationship with Contractor
1.1.2, 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, 15.2
Architect’s Relationship with Subcontractors
1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3
Architect’s Representations
9.4.2, 9.5.1, 9.10.1
Architect’s Site Visits
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4
Asbestos
10.3.1
Attorneys’ Fees
3.18.1, 9.6.8, 9.10.2, 10.3.3
Award of Separate Contracts
6.1.1, 6.1.2
Award of Subcontracts and Other Contracts for
Portions of the Work
5.2
Basic Definitions
1.1
Bidding Requirements
1.1.1
Binding Dispute Resolution
8.3.1, 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, 15.4.1
Bonds, Lien
7.3.4.4, 9.6.8, 9.10.2, 9.10.3
Bonds, Performance, and Payment
7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5
Building Information Models Use and Reliance
1.8
Building Permit
3.7.1
Capitalization
1.3
Certificate of Substantial Completion
9.8.3, 9.8.4, 9.8.5
Certificates for Payment
4.2.1, 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, 15.1.4

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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, 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 [email protected].
User Notes:
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3

Certificates of Inspection, Testing or Approval
13.4.4
Certificates of Insurance
9.10.2
Change Orders
1.1.1, 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, 12.1.2
Change Orders, Definition of
7.2.1
CHANGES IN THE WORK
2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1,
11.5
Claims, Definition of
15.1.1
Claims, Notice of
1.6.2, 15.1.3
CLAIMS AND DISPUTES
3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4
Claims and Timely Assertion of Claims
15.4.1
Claims for Additional Cost
3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5
Claims for Additional Time
3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6
Concealed or Unknown Conditions, Claims for
3.7.4
Claims for Damages
3.2.4, 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, 15.1.7
Claims Subject to Arbitration
15.4.1
Cleaning Up
3.15, 6.3
Commencement of the Work, Conditions Relating to
2.2.1, 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, 15.1.5
Commencement of the Work, Definition of
8.1.2
Communications
3.9.1, 4.2.4
Completion, Conditions Relating to
3.4.1, 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, 15.1.2
COMPLETION, PAYMENTS AND
9
Completion, Substantial
3.10.1, 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, 15.1.2
Compliance with Laws
2.3.2, 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 Conditions
3.7.4, 4.2.8, 8.3.1, 10.3
Conditions of the Contract
1.1.1, 6.1.1, 6.1.4

Consent, Written
3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2,
15.4.4.2
Consolidation or Joinder
15.4.4
CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
1.1.4, 6
Construction Change Directive, Definition of
7.3.1
Construction Change Directives
1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3,
7.3, 9.3.1.1
Construction Schedules, Contractor’s
3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2
Contingent Assignment of Subcontracts
5.4, 14.2.2.2
Continuing Contract Performance
15.1.4
Contract, Definition of
1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE
5.4.1.1, 5.4.2, 11.5, 14
Contract Administration
3.1.3, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating
to
3.7.1, 3.10, 5.2, 6.1
Contract Documents, Copies Furnished and Use of
1.5.2, 2.3.6, 5.3
Contract Documents, Definition of
1.1.1
Contract Sum
2.2.2, 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, 15.2.5
Contract Sum, Definition of
9.1
Contract Time
1.1.4, 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, 15.2.5
Contract Time, Definition of
8.1.1
CONTRACTOR
3
Contractor, Definition of
3.1, 6.1.2
Contractor’s Construction and Submittal
Schedules
3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2
Contractor’s Employees
2.2.4, 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, 14.2.1.1
Contractor’s Liability Insurance
11.1

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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, 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 [email protected].
User Notes:
(1213811044)

4

Contractor’s Relationship with Separate Contractors
and Owner’s Forces
3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4
Contractor’s Relationship with Subcontractors
1.2.2, 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, 11.4
Contractor’s Relationship with the Architect
1.1.2, 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, 15.2.1
Contractor’s Representations
3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2
Contractor’s Responsibility for Those Performing the
Work
3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8
Contractor’s Review of Contract Documents
3.2
Contractor’s Right to Stop the Work
2.2.2, 9.7
Contractor’s Right to Terminate the Contract
14.1
Contractor’s Submittals
3.10, 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, 9.10.3
Contractor’s Superintendent
3.9, 10.2.6
Contractor’s Supervision and Construction
Procedures
1.2.2, 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, 15.1.4
Coordination and Correlation
1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1
Copies Furnished of Drawings and Specifications
1.5, 2.3.6, 3.11
Copyrights
1.5, 3.17
Correction of Work
2.5, 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, 15.2.1
Correlation and Intent of the Contract Documents
1.2
Cost, Definition of
7.3.4
Costs
2.5, 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, 14
Cutting and Patching
3.14, 6.2.5
Damage to Construction of Owner or Separate
Contractors
3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4
Damage to the Work
3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4
Damages, Claims for
3.2.4, 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, 15.1.7

Damages for Delay
6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2
Date of Commencement of the Work, Definition of
8.1.2
Date of Substantial Completion, Definition of
8.1.3
Day, Definition of
8.1.4
Decisions of the Architect
3.7.4, 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, 15.2
Decisions to Withhold Certification
9.4.1, 9.5, 9.7, 14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of
2.5, 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, 12.2.1
Definitions
1.1, 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, 15.1.1
Delays and Extensions of Time
3.2, 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, 15.2.5
Digital Data Use and Transmission
1.7
Disputes
6.3, 7.3.9, 15.1, 15.2
Documents and Samples at the Site
3.11
Drawings, Definition of
1.1.5
Drawings and Specifications, Use and Ownership of
3.11
Effective Date of Insurance
8.2.2
Emergencies
10.4, 14.1.1.2, 15.1.5
Employees, Contractor’s
3.3.2, 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, 14.2.1.1
Equipment, Labor, or Materials
1.1.3, 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, 14.2.1.2
Execution and Progress of the Work
1.1.3, 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
Extensions of Time
3.2.4, 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, 15.2.5
Failure of Payment
9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2
Faulty Work
(See Defective or Nonconforming Work)
Final Completion and Final Payment
4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3

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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, 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 [email protected].
User Notes:
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5

Financial Arrangements, Owner’s
2.2.1, 13.2.2, 14.1.1.4
GENERAL PROVISIONS
1
Governing Law
13.1
Guarantees (See Warranty)
Hazardous Materials and Substances
10.2.4, 10.3
Identification of Subcontractors and Suppliers
5.2.1
Indemnification
3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3
Information and Services Required of the Owner
2.1.2, 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, 15.1.4
Initial Decision
15.2
Initial Decision Maker, Definition of
1.1.8
Initial Decision Maker, Decisions
14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Initial Decision Maker, Extent of Authority
14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Injury or Damage to Person or Property
10.2.8, 10.4
Inspections
3.1.3, 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, 13.4
Instructions to Bidders
1.1.1
Instructions to the Contractor
3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2
Instruments of Service, Definition of
1.1.7
Insurance
6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5,
11
Insurance, Notice of Cancellation or Expiration
11.1.4, 11.2.3
Insurance, Contractor’s Liability
11.1
Insurance, Effective Date of
8.2.2, 14.4.2
Insurance, Owner’s Liability
11.2
Insurance, Property
10.2.5, 11.2, 11.4, 11.5
Insurance, Stored Materials
9.3.2
INSURANCE AND BONDS
11
Insurance Companies, Consent to Partial Occupancy
9.9.1
Insured loss, Adjustment and Settlement of
11.5

Intent of the Contract Documents
1.2.1, 4.2.7, 4.2.12, 4.2.13
Interest
13.5
Interpretation
1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1
Interpretations, Written
4.2.11, 4.2.12
Judgment on Final Award
15.4.2
Labor and Materials, Equipment
1.1.3, 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, 14.2.1.2
Labor Disputes
8.3.1
Laws and Regulations
1.5, 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,
15.4
Liens
2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8
Limitations, Statutes of
12.2.5, 15.1.2, 15.4.1.1
Limitations of Liability
3.2.2, 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, 13.3.1
Limitations of Time
2.1.2, 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, 15.1.5
Materials, Hazardous
10.2.4, 10.3
Materials, Labor, Equipment and
1.1.3, 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, 14.2.1.2
Means, Methods, Techniques, Sequences and
Procedures of Construction
3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2
Mechanic’s Lien
2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8
Mediation
8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1,
15.4.1.1
Minor Changes in the Work
1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4
MISCELLANEOUS PROVISIONS
13
Modifications, Definition of
1.1.1
Modifications to the Contract
1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7,
10.3.2
Mutual Responsibility
6.2

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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, 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 [email protected].
User Notes:
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Nonconforming Work, Acceptance of
9.6.6, 9.9.3, 12.3
Nonconforming Work, Rejection and Correction of
2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4,
12.2
Notice
1.6, 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, 15.4.1
Notice of Cancellation or Expiration of Insurance
11.1.4, 11.2.3
Notice of Claims
1.6.2, 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, 15.4.1
Notice of Testing and Inspections
13.4.1, 13.4.2
Observations, Contractor’s
3.2, 3.7.4
Occupancy
2.3.1, 9.6.6, 9.8
Orders, Written
1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2,
14.3.1
OWNER
2
Owner, Definition of
2.1.1
Owner, Evidence of Financial Arrangements
2.2, 13.2.2, 14.1.1.4
Owner, Information and Services Required of the
2.1.2, 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, 15.1.4
Owner’s Authority
1.5, 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,
15.2.7
Owner’s Insurance
11.2
Owner’s Relationship with Subcontractors
1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2
Owner’s Right to Carry Out the Work
2.5, 14.2.2
Owner’s Right to Clean Up
6.3
Owner’s Right to Perform Construction and to
Award Separate Contracts
6.1
Owner’s Right to Stop the Work
2.4
Owner’s Right to Suspend the Work
14.3
Owner’s Right to Terminate the Contract
14.2, 14.4

Ownership and Use of Drawings, Specifications
and Other Instruments of Service
1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12,
5.3
Partial Occupancy or Use
9.6.6, 9.9
Patching, Cutting and
3.14, 6.2.5
Patents
3.17
Payment, Applications for
4.2.5, 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, 14.4.3
Payment, Certificates for
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
Payment, Failure of
9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2
Payment, Final
4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3
Payment Bond, Performance Bond and
7.3.4.4, 9.6.7, 9.10.3, 11.1.2
Payments, Progress
9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4
PAYMENTS AND COMPLETION
9
Payments to Subcontractors
5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2
PCB
10.3.1
Performance Bond and Payment Bond
7.3.4.4, 9.6.7, 9.10.3, 11.1.2
Permits, Fees, Notices and Compliance with Laws
2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION
OF
10
Polychlorinated Biphenyl
10.3.1
Product Data, Definition of
3.12.2
Product Data and Samples, Shop Drawings
3.11, 3.12, 4.2.7
Progress and Completion
4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4
Progress Payments
9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4
Project, Definition of
1.1.4
Project Representatives
4.2.10
Property Insurance
10.2.5, 11.2
Proposal Requirements
1.1.1
PROTECTION OF PERSONS AND PROPERTY
10

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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, 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 [email protected].
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Regulations and Laws
1.5, 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,
15.4
Rejection of Work
4.2.6, 12.2.1
Releases and Waivers of Liens
9.3.1, 9.10.2
Representations
3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1
Representatives
2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1
Responsibility for Those Performing the Work
3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10
Retainage
9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3
Review of Contract Documents and Field
Conditions by Contractor
3.2, 3.12.7, 6.1.3
Review of Contractor’s Submittals by Owner and
Architect
3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2
Review of Shop Drawings, Product Data and
Samples by Contractor
3.12
Rights and Remedies
1.1.2, 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, 15.4
Royalties, Patents and Copyrights
3.17
Rules and Notices for Arbitration
15.4.1
Safety of Persons and Property
10.2, 10.4
Safety Precautions and Programs
3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4
Samples, Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11, 3.12, 4.2.7
Samples at the Site, Documents and
3.11
Schedule of Values
9.2, 9.3.1
Schedules, Construction
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2
Separate Contracts and Contractors
1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2
Separate Contractors, Definition of
6.1.1
Shop Drawings, Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.11, 3.12, 4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1

Site Inspections
3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4
Site Visits, Architect’s
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4
Special Inspections and Testing
4.2.6, 12.2.1, 13.4
Specifications, Definition of
1.1.6
Specifications
1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14
Statute of Limitations
15.1.2, 15.4.1.1
Stopping the Work
2.2.2, 2.4, 9.7, 10.3, 14.1
Stored Materials
6.2.1, 9.3.2, 10.2.1.2, 10.2.4
Subcontractor, Definition of
5.1.1
SUBCONTRACTORS
5
Subcontractors, Work by
1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4,
9.3.1.2, 9.6.7
Subcontractual Relations
5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1
Submittals
3.10, 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, 9.10.3
Submittal Schedule
3.10.2, 3.12.5, 4.2.7
Subrogation, Waivers of
6.1.1, 11.3
Substances, Hazardous
10.3
Substantial Completion
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, 15.1.2
Substantial Completion, Definition of
9.8.1
Substitution of Subcontractors
5.2.3, 5.2.4
Substitution of Architect
2.3.3
Substitutions of Materials
3.4.2, 3.5, 7.3.8
Sub-subcontractor, Definition of
5.1.2
Subsurface Conditions
3.7.4
Successors and Assigns
13.2
Superintendent
3.9, 10.2.6
Supervision and Construction Procedures
1.2.2, 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, 15.1.4

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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, 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 [email protected].
User Notes:
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8

Suppliers
1.5, 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, 14.2.1
Surety
5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2,
15.2.7
Surety, Consent of
9.8.5, 9.10.2, 9.10.3
Surveys
1.1.7, 2.3.4
Suspension by the Owner for Convenience
14.3
Suspension of the Work
3.7.5, 5.4.2, 14.3
Suspension or Termination of the Contract
5.4.1.1, 14
Taxes
3.6, 3.8.2.1, 7.3.4.4
Termination by the Contractor
14.1, 15.1.7
Termination by the Owner for Cause
5.4.1.1, 14.2, 15.1.7
Termination by the Owner for Convenience
14.4
Termination of the Architect
2.3.3
Termination of the Contractor Employment
14.2.2
TERMINATION OR SUSPENSION OF THE
CONTRACT
14
Tests and Inspections
3.1.3, 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, 13.4
TIME
8
Time, Delays and Extensions of
3.2.4, 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 Limits
2.1.2, 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, 15.4

Time Limits on Claims
3.7.4, 10.2.8, 15.1.2, 15.1.3
Title to Work
9.3.2, 9.3.3
UNCOVERING AND CORRECTION OF
WORK
12
Uncovering of Work
12.1
Unforeseen Conditions, Concealed or Unknown
3.7.4, 8.3.1, 10.3
Unit Prices
7.3.3.2, 9.1.2
Use of Documents
1.1.1, 1.5, 2.3.6, 3.12.6, 5.3
Use of Site
3.13, 6.1.1, 6.2.1
Values, Schedule of
9.2, 9.3.1
Waiver of Claims by the Architect
13.3.2
Waiver of Claims by the Contractor
9.10.5, 13.3.2, 15.1.7
Waiver of Claims by the Owner
9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7
Waiver of Consequential Damages
14.2.4, 15.1.7
Waiver of Liens
9.3, 9.10.2, 9.10.4
Waivers of Subrogation
6.1.1, 11.3
Warranty
3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2,
15.1.2
Weather Delays
8.3, 15.1.6.2
Work, Definition of
1.1.3
Written Consent
1.5.2, 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, 15.4.4.2
Written Interpretations
4.2.11, 4.2.12
Written Orders
1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1

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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, 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 [email protected].
User Notes:
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9

ARTICLE 1 GENERAL PROVISIONS
§ 1.1 Basic Definitions
§ 1.1.1 The Contract Documents
The 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 Contract
The 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 Work
The 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 Project
The 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 Drawings
The 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 Specifications
The 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 Service
Instruments 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 Maker
The 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. The Contract Documents are complementary, and what is required by
one shall be as binding as if required by all; 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.
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§ 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 Capitalization
Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of
numbered articles, or (3) the titles of other documents published by the American Institute of Architects.
§ 1.4 Interpretation
In 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, Subsubcontractors, 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 if a method for electronic transmission is set forth in the Agreement.
§ 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.
§ 1.7 Digital Data Use and Transmission
The 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 Reliance
Any 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.

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§ 1.9 Order of Precedence
In the case of conflicts between the Drawings and Specifications, the Drawings govern Specifications for quantity
and location and Specifications govern Drawings for quality and performance. If in direct conflict, within the
Drawings themselves (a) large scale details shall govern over small scale details and (b) something scheduled or
noted shall take precedence over something drawn. In any case of omissions or errors in figures, drawings, or
specifications, the Contractor shall submit the matter to the Architect for clarification. The Architect’s clarifications
are subject to an equitable adjustment in Contract Time or Contract Sum pursuant to the provisions of Articles 7 and
8 or dispute resolution in accordance with Article 15.
ARTICLE 2 OWNER
§ 2.1 General
§ 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.
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.
§ 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 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. 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. If the Owner fails to
provide such evidence, as required, within fourteen 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, 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,
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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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
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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 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 Work
If 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 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 Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a ten-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. 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 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. 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. The Contractor further represents and warrants to the
Owner as follows:
.1 The Contractor is registered with and licensed by all necessary governmental and quasi-governmental
authorities to perform the Work and to undertake the other obligations required by the Contract Documents;
.2 The Subcontractors and Sub-subcontractors of any tier, as defined in Article 5, performing any portion of
the Work are registered with and licensed by all necessary governmental and quasi-governmental
authorities to perform the Work; and
.3 The Contractor is financially solvent and possesses sufficient expertise, licenses, authority, personnel and
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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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
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working capital to complete the Work within the Contract Time; and the Contractor has visited the site and
has become familiar with the local conditions under which the Work is to be performed and has correlated
such observations with the requirements of the Contract Documents.
§ 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.
§ 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.
§ 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 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.
§ 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 using
its alternative 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.
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§ 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.
§ 3.4 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. The Contractor shall employ or use labor in connection with the Work that works
harmoniously with all trades, crafts or other individuals associated with the Project.
§ 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. The warranty period is to be according to State of Utah law which is interpreted to be one year, but
which shall not be construed to reduce the period of any manufacturer-specific warranties.
§ 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.
§ 3.6 Taxes
The Contractor shall pay sales, consumer, use and similar taxes 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.
§ 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 the building
permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
execution and completion of the Work that are customarily secured after execution of the Contract and legally
required at the time bids are received or negotiations concluded.
§ 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 Conditions
If 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 days
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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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with
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after first observance of the conditions. The Architect will promptly 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, stating the reasons. If either party disputes the Architect’s
determination or recommendation, that party may submit a Claim as provided in Article 15. . It is understood and
agreed that the Contract Sum will not be increased for any costs arising out of concealed subsurface or physical
conditions that could have been discovered or anticipated by an examination of the site or a review of the documents
and information regarding the Project site provided to the Contractor by the Owner, its consultants or agents prior to
the execution of the Agreement. This includes, but is not limited to, any costs arising out of the existence of
subsurface or physical condition which are reasonably shown or inferable from the Contract Documents, which
could have been reasonably discovered during the Contractor’s site inspections or during any investigations,
explorations, tests or studies of the site actually performed by the Contractor, or which are inherent to the Work and
could have been reasonably anticipated by the Contractor.
§ 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,
.1
allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and
all required taxes, less applicable trade discounts;
.2
Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit,
and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum
but not in the allowances; and
.3
whenever costs are more than or less than allowances, the Contract Sum 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 and equipment under an allowance shall be selected by the Owner with reasonable promptness.
§ 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
communications given to the superintendent 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 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 or delayed.
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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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§ 3.10 Contractor’s Construction and Submittal Schedules
§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s
information a 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 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.
§ 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current
submittal schedule, 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.
§ 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.
§ 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.
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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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§ 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 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 Site
§ 3.13.1 The 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.
§ 3.13.2 Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the
Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed
from the Project site. Protection of construction materials and equipment stored at the Project site from weather,
theft, damage, vandalism, and all other adversity is solely the responsibility of the Contractor. Construction
materials and equipment shall be secured to prevent unauthorized use and to prevent removal or displacement by
persons, weather or other events.
§ 3.13.3 The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable
access, both vehicular and pedestrian, to existing buildings and facilities on the project site. The Work shall be
performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the
Work shall be free from all debris, building materials, and equipment likely to cause hazardous conditions.
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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
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§ 3.13.4 The Contractor and any entity for whom the Contractor is responsible shall not erect any sign on the Project
site without the prior written consent of the Owner, which may be withheld in the sole discretion of the Owner.
§ 3.13.5 Without prior approval of the Owner, the Contractor shall not permit any workers to use any existing
facilities at the Project site, including, without limitation, lavatories, toilets, entrances, and parking areas other than
those designated by the Owner.
§ 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. The Contractor shall leave the project site “broom clean” or its equivalent. The Contractor shall
thoroughly wash and clean all glass, replace broken glass, clean hardware, and remove paint stains, spots, smears,
marks and dirt from all surfaces, fixtures, floors and concrete to remain permanently exposed.
§ 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.
§ 3.16 Access to Work
The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever
located.
§ 3.17 Royalties, Patents and Copyrights
The 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.
§ 3.18 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, liabilities, liens (to the extent payments due have been made hereunder), judgments, costs, and expenses,
including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, 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.
§ 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,
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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
No.2114756629 which expires on 08/28/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with
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compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts,
disability benefit acts, or other employee benefit acts.
§ 3.19 Site Security
The Contractor will be solely responsible for security of the site related to the performance of the Work, the
improvements thereon and Contractor’s materials and equipment and no protection from vandalism or theft will be
provided by the Owner. The Owner assumes no responsibility or liability for the physical condition or safety of the
Project site or any improvements located thereon.
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.
§ 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 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.
§ 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.
§ 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.
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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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§ 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 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 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 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. 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 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 Subsubcontractor.

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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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§ 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 award of the
Contract, 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 days of
receipt of the information, the Architect 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
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.
§ 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.
§ 5.3 Subcontractual Relations
By 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 Subsubcontractors.
§ 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
.1
assignment 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; and
.2
assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Contract.
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and
obligations under the subcontract.
§ 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.
§ 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,
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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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
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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.
§ 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. 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 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 Up
If 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.
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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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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 and signed by the Owner, Contractor, and
Architect stating their agreement upon all of the following:
.1
The change in the Work;
.2
The amount of the adjustment, if any, in the Contract Sum; and
.3
The 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 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 of a Change
Order.
§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be
based on one of the following methods:
.1
Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation;
.2
Unit prices stated in the Contract Documents or subsequently agreed upon;
.3
Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or
percentage fee; or
.4
As 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 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:
.1
Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom,
workers’ compensation insurance, and other employee costs approved by the Architect;
.2
Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or
consumed;
.3
Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
Contractor or others;
.4
Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly
related to the change; and
.5
Costs of supervision and field office personnel directly attributable to the change.

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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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§ 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 Contractor
may request payment 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 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 Work
The 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 Effect of a Change Order
§ 7.5.1 A Change Order signed by the Contractor constitutes the Contractor’s agreement that, when implemented by
the Owner, the adjustment in the Contract Sum and/or the Contract Time shall fully and finally compensate the
Contractor and its Subcontractors and Sub-subcontractors of any tier for any and all additional costs, damages or
expenses arising directly or indirectly out of such change in the Work and the events referred to in the Change
Order. Furthermore:
.1

.2

All Change Orders shall be conclusively presumed to constitute settlement of all claims for direct or
indirect damages of the Contractor, its Subcontractors and their respective Subsubcontractors of any tier
arising out of the change in the Work and the events referred to in the Change Order. This shall include,
but is not limited to, any and all so-called "delay", "equitable adjustment", "impact", "cumulative impact",
"acceleration", "constructive acceleration", "inefficiency", "interference", "indirect", "ripple" or
"consequential" claims, costs or damages and all direct or indirect costs pertaining to the Contractor’s home
or field site office and all other costs and affects whatsoever relating to the change in the Work and the
events referred to in the Change Order.
Any statement unilaterally added by the Contractor to the face of a Change Order or contained in any
transmittal or separate correspondence wherein the Contractor unilaterally attempts to reserve rights to seek
any further increases in the Contract Sum or extensions of the Contract Time arising out of the events
referred to in the Change Order shall be null and void.

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
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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.
§ 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 in the commencement or progress of the Work for five (5) calendar days or less in
the aggregate by reason of any events or causes beyond the control of the Owner, the Contractor and the
Contractor’s Subcontractors and Subsubcontractors of any tier ("Force Majeure Delays"), such delays shall not be
the basis for an increase in the Contract Sum and the Contractor’s sole remedy shall be an extension of the Contract
Time which fairly reflects any critical path delay in substantially completing the entire Work.
§ 8.3.2 If the Contractor is delayed at any time in the commencement or progress of the Work for more than five (5)
calendar days by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate
Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay 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) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5)
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.
§ 8.3.3 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.4 This Section 8.4 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 Values
Where 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 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. 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
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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications
for Payment.
§ 9.3 Applications for Payment
§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
Architect an itemized Application for Payment prepared in accordance with the 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.
§ 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, and transportation to the site, for such materials and equipment stored off the site.
§ 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.
§ 9.4 Certificates for Payment
§ 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, 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.

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
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§ 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 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
.1
defective Work not remedied;
.2
third party claims filed or reasonable evidence indicating probable filing of such claims, unless
security acceptable to the Owner is provided by the Contractor;
.3
failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,
materials or equipment;
.4
reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5
damage to the Owner or a Separate Contractor;
.6
reasonable 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
.7
repeated 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, at its sole option,
issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make
payment 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.
§ 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.
§ 9.6.2 The Contractor shall pay each Subcontractor, no later than seven 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.
§ 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.
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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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§ 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 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 Payment
If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven 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 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 startup, 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 occupy or utilize the
Work for its intended use. Issuance of a Certificate of Occupancy, if applicable to the Work or an agreed portion
thereof being considered for Substantial Completion, shall be a condition precedent to the Substantial Completion of
such portion of the Work and to the certification by the Architect of Substantial Completion. Notwithstanding the
above condition, if, however, a Certificate of Occupancy is withheld by the appropriate governmental officials for
reasons not the fault or responsibility of the Contractor or its Subcontractors or anyone directly or indirectly
employed by them or for whose acts any of them may be liable, then issuance of Certificate of Occupancy shall not
be a condition precedent to Substantial Completion.
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees 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. 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.
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
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§ 9.8.5 The Certificate of Substantial Completion 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. 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 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 Architect (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
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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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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
.1
liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled;
.2
failure of the Work to comply with the requirements of the Contract Documents;
.3
terms of special warranties required by the Contract Documents; or
.4
audits 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.
§ 9.11 Subtier Payments
To the extent reasonably necessary to protect the Owner from loss because of the recording or filing, or the potential
recording or filing, of any mechanics liens or stop notices by the Contractor’s Subcontractors or Sub-subcontractors
of any tier, the Owner shall be entitled to make payment to the Contractor on account of any services, materials,
labor or other Work (1) furnished or performed by the claimant or potential claimant and (2) included in any
Application for Payment submitted hereunder, including an application for final payment, by delivering to the
Contractor a check payable jointly to the Contractor, to the claimant or potential claimant and to any other person or
entity, besides the Contractor, who may have, directly or indirectly, retained the claimant or potential claimant in
connection with the Work.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 Safety Precautions and Programs
The 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
.1
employees on the Work and other persons who may be affected thereby;
.2
the 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
.3
other 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
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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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
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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 Property
If 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, 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 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 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.
§ 10.3.2 Upon receipt of the Contractor’s 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 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 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.
§ 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.
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 draft was produced at 10:57:58 ET on 12/19/2025 under Order
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§ 10.3.6 If, without negligence 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 Emergencies
In 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.
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 AIA Document A101-2017 Exhibit A –
Insurance and Bonds, Sections A.3.1 and A.3.2. 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 under AIA Document A101-2017 Exhibit A – Insurance and Bonds, Section A.3.4. 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 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 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
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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.
§ 11.3 Waivers of Subrogation
§ 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, subsubcontractors, 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 Insurance
The 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.

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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
Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense.
§ 12.2 Correction of Work
§ 12.2.1 Before Substantial Completion
The 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 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 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 Work
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.
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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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ARTICLE 13 MISCELLANEOUS PROVISIONS
§ 13.1 Governing Law
The 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 execute all consents reasonably required to facilitate the assignment.
§ 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.
§ 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.
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§ 13.5 Interest
Payments 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.
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 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:
.1
Issuance of an order of a court or other public authority having jurisdiction that requires all Work to
be stopped;
.2
An act of government, such as a declaration of national emergency, that requires all Work to be
stopped;
.3
Because 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
.4
The 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 exists, the Contractor may, upon seven days’
notice to the Owner and Architect, 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.
§ 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 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
.1
repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
.2
fails to make payment to Subcontractors or suppliers in accordance with the respective agreements
between the Contractor and the Subcontractors or suppliers;
.3
repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of a public authority; or
.4
otherwise is guilty of substantial breach of a provision of the Contract Documents.
§ 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, without prejudice to any other rights or remedies of the
Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ 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.

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§ 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, and other damages incurred by the Owner and not
expressly waived, such excess 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 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;
.2
take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;
and
.3
except 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 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.
ARTICLE 15 CLAIMS AND DISPUTES
§ 15.1 Claims
§ 15.1.1 Definition
A 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 Claims
The 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 21 days after
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occurrence of the event giving rise to such Claim or within 21 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.
§ 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 Cost
If the Contractor wishes to make a Claim for an increase in the Contract Sum, 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.
§ 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, 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 Damages
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to
this Contract. This mutual waiver includes
.1
damages 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
.2
damages 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.
§ 15.2 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. If an initial decision has not been
rendered within 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 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,
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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.
§ 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 60 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.
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§ 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 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.

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®

AIA Document A101 – 2017
®

Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a Stipulated Sum
AGREEMENT made as of the Twenty-second day of April in the year Twenty Twenty-Six
(In words, indicate day, month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information)
Town of Springdale
118 Lion Blvd
Springdale, UT 84767
and the Contractor:
(Name, legal status, address and other information)
Interstate Rock Products Inc
42 South 850 West #201
Hurricane, UT 84737
for the following Project:
(Name, location and detailed description)
George A. Barker River Park Expansion and Redesign
1751 Zion Park Blvd
Springdale, UT 84767
The Architect:
(Name, legal status, address and other information)
ASSIST Inc
218 East 500 South
Salt Lake City, UT 84111
The Owner and Contractor agree as follows.

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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.)
[X]

The date of this Agreement.

[]

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
Agreement.
§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.
§ 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.)
[X]

Not later than one hundred and twenty ( 120 ) calendar days from the date of commencement of the

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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.
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 « One Million Three Hundred Fifty-Five Thousand Seven Hundred SeventyFive and 80/100 Dollars » ($ « 1,355,775.80 » ), 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
1. Resurfacing of existing parking lot.
2. Removal of existing asphalt parking lot
to base course, and replacement w/ 4”
depth hot mix asphalt.

Units and Limitations
Square Foot
Square Foot

Price per Unit ($0.00)
$0.60
$3.60

§ 4.5 Liquidated damages, if any:
(Insert terms and conditions for liquidated damages, if any.)
The parties acknowledge and agree that time is of the essence under the Contract, and delays in Substantial
Completion of the Work beyond the date specified in the Contract, subject to adjustment as provided in the Contract,
would result in additional administrative costs to the Owner and additional loss of use of park facilities by town
residents. Accordingly, the parties hereby agree that if Contractor fails to achieve Substantial Completion of the
Work within such time specified in the Contract, subject to adjustment as provided in the Contract, then Owner’s
remedy, in addition to other remedies at law or in equity if not otherwise waived in the Contract Documents, for
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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 draft was produced at 10:23:57 ET on 12/19/2025 under Order
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such failure shall be to recover from Contractor, the sum of Five Hundred and 00/100 Dollars ($500.00) for each
calendar day Substantial Completion is so delayed. Liquidated Damages are not a penalty and are capped at eight
percent (8%) of the Contract Sum plus eight percent (8%) of any accepted change orders.
§ 4.6 Other:
(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)
« »
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.
§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month,
the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following
month. 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.
§ 5.1.6 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:
.1
That portion of the Contract Sum properly allocable to completed Work;
.2
That 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
.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.

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All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
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§ 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:
(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.)
Five Percent (5%)
§ 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.)
« »
§ 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.)
« »
§ 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.
§ 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.
§ 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
.1
the 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
.2
a 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 Interest
Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, if any.)
12 % per annum

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 draft was produced at 10:23:57 ET on 12/19/2025 under Order
No.2114756623 which expires on 08/28/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with
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ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 Initial Decision Maker
The 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 Resolution
For 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.
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.
§ 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.
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 amended or supplemented by other provisions of the Contract
Documents.
§ 8.2 The Owner’s representative:
(Name, address, email address, and other information)
Ryan Gubler
Town of Springdale
118 Lion Blvd
Springdale, UT 84767
[email protected]
§ 8.3 The Contractor’s representative:
(Name, address, email address, and other information)
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 draft was produced at 10:23:57 ET on 12/19/2025 under Order
No.2114756623 which expires on 08/28/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with
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Greg Gutierrez
Interstate Rock Products
42 South 850 West
Hurricane, UT 84737
[email protected]
435.375.2112
§ 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.
§ 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, 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:
« »
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 This Agreement is comprised of the following documents:
.1
AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor
.2
AIA Document A101™–2017, Exhibit A, Insurance and Bonds
.3
AIA Document A201™–2017, General Conditions of the Contract for Construction
.4
Building information modeling exhibit, dated as indicated below:
(Insert the date of the building information modeling exhibit incorporated into this Agreement.)
« »
.5

Drawings
Number
See Exhibit B

.6

Date
01.14.2026

Title
Specifications

Date
01.14.2026

Date
03.11.2026
03.21.2026
03.24.2026
03.24.2026

Pages
24 Sheets
7 Sheets
2 Sheets
7 Pages

Specifications
Section
See Exhibit C (Table of Contents)

.7

Title
Drawing Index

Pages
3 Pages

Addenda, if any:
Number
Addendum 01
Addendum 02
Addendum 03
Q&A Responses (Compiled)

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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 draft was produced at 10:23:57 ET on 12/19/2025 under Order
No.2114756623 which expires on 08/28/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with
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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.
.8

Other 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

.9

Title

Date

Pages

Other 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.)
« »

This Agreement entered into as of the day and year first written above.

OWNER (Signature)

CONTRACTOR (Signature)

« »« »
(Printed name and title)

« »« »
(Printed name and title)

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 draft was produced at 10:23:57 ET on 12/19/2025 under Order
No.2114756623 which expires on 08/28/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with
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®

AIA Document A101 – 2017
®

Exhibit A

Insurance and Bonds
This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Contractor, dated the
Twenty-second day of April in the year Twenty Twenty-Six
(In words, indicate day, month and year.)
for the following PROJECT:
(Name and location or address)
George A. Barker River Park Expansion and Redesign
1751 Zion Park Blvd
Springdale, UT 84767
THE OWNER:
(Name, legal status and address)
Town of Springdale
118 Lion Blvd
Springdale, UT 84767
THE CONTRACTOR:
(Name, legal status and address)
Interstate Rock Products Inc
42 South 850 West #201
Hurricane, UT 84737
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 A.2.3. The copy of the policy or policies provided shall contain all applicable
conditions, definitions, exclusions, and endorsements.
§ A.2.2 Liability Insurance
The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance.

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Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was
produced at 09:46:16 ET on 04/01/2026 under Order No.2114756623 which expires on 08/28/2026, is not for resale, is licensed for one-time
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§ 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.
§ 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. Sublimits, 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.
§ 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
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 Structures
If 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.
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 draft was
produced at 09:46:16 ET on 04/01/2026 under Order No.2114756623 which expires on 08/28/2026, is not for resale, is licensed for one-time
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(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.
« »
[ « » ] § 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.
« »
[ « » ] § 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.
« »
[ « » ] § 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
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.)
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Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was
produced at 09:46:16 ET on 04/01/2026 under Order No.2114756623 which expires on 08/28/2026, is not for resale, is licensed for one-time
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[ « » ] § 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 selfinsured 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.
§ 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:
(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 ) each occurrence, Three Million Dollars ($ 3,000,000 ) general
aggregate, and Three Million Dollars ($ 3,000,000 ) aggregate for products-completed operations hazard, providing
coverage for claims including
.1
damages because of bodily injury, sickness or disease, including occupational sickness or disease,
and death of any person;
.2
personal injury and advertising injury;
.3
damages because of physical damage to or destruction of tangible property, including the loss of use
of such property;
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 draft was
produced at 09:46:16 ET on 04/01/2026 under Order No.2114756623 which expires on 08/28/2026, 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
[email protected].
User Notes:
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4

.4
.5

bodily injury or property damage arising out of completed operations; and
the 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:
.1
Claims 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.
.2
Claims 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.
.3
Claims for bodily injury other than to employees of the insured.
.4
Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees
of the insured.
.5
Claims or loss excluded under a prior work endorsement or other similar exclusionary language.
.6
Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary
language.
.7
Claims related to residential, multi-family, or other habitational projects, if the Work is to be
performed on such a project.
.8
Claims related to roofing, if the Work involves roofing.
.9
Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior
coatings or surfaces, if the Work involves such coatings or surfaces.
.10 Claims related to earth subsidence or movement, where the Work involves such hazards.
.11 Claims 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 Two Million Dollars ($ 2,000,000 ) 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 One Hundred Thousand ($ 100,000 ) each accident,
One Hundred Thousand ($ 100,000 ) each employee, and Five Hundred Thousand ($ 500,000 ) 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
§ 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.
§ A.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Contractor 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.
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 draft was
produced at 09:46:16 ET on 04/01/2026 under Order No.2114756623 which expires on 08/28/2026, 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
[email protected].
User Notes:
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5

§ 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.
§ 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.
§ 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.)
[ « » ] § 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 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.
[ « » ] § 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.
[ « » ] § 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.

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 draft was
produced at 09:46:16 ET on 04/01/2026 under Order No.2114756623 which expires on 08/28/2026, 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
[email protected].
User Notes:
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6

[ « » ] § A.3.3.2.6 Other Insurance
(List below any other insurance coverage to be provided by the Contractor and any applicable
limits.)
Coverage

Limits

§ A.3.4 Performance Bond and Payment Bond
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
Payment Bond
Performance Bond
Maintenance Bond

Penal Sum ($0.00)
Penal Sum ($1,355,775.80)
Penal Sum ($1,355,775.80)
Penal Sum ($1,355,775.80)

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 Agreement.
ARTICLE A.4 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows:
« »

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 draft was
produced at 09:46:16 ET on 04/01/2026 under Order No.2114756623 which expires on 08/28/2026, 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
[email protected].
User Notes:
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7

George A. Barker River Park Expansion and Redesign
EXHIBIT B – DRAWING SHEET INDEX
GENERAL
G0.00
G0.01
G0.01
G1.00
G1.01
G1.02
G2.00

Title Sheet
Symbols & Abbreviations
Work Scope Plan
Existing Development & Natural Features
Site Photos
Park Phasing Plan
Architectural Site Plan

CIVIL
1.0
2.0
3.0
4.0
4.1
4.2
5.0
6.0

Cover Sheet
Demolition Plan
Site Plan
Grading & Drainage Plan
Grading Plan
Grading Profiles
Utility Plan
Detail Sheet

LANDSCAPE
L-LP00
Landscape Plan Cover and Notes
L-IP00
Irrigation Plan Notes and Legend
L-IP01
Irrigation Plan Overview
L-IP02
Irrigation Plan North
L-IP03
Irrigation Plan South
L-IP04
Irrigation Plan Details
L-PP00 Planting Plan Notes and Legend
L-PP01 Planting Plan Overview
L-PP02 Planting Plan North
L-PP03 Planting Plan South
L-PP04 Planting Plan Details
L-MP00
Materials Plan Notes & Legend
L-MP01
Materials Plan Overview
L-MP02
Materials Plan Details
ARCHITECTURAL
A1.01 Existing Restroom Improvement Plans
A2.01 Existing Restroom Improvement Elevations
A4.01 Wall Section
A5.01 Site Details
A5.02 Bench Details
A6.01 Schedules
Page 1 of 1

George A. Barker River Park Expansion & Redesign

02/11/26

EXHIBIT C – SPECIFICATIONS TABLE OF CONTENTS
DIVISION 01 - GENERAL REQUIREMENTS
011000
012100
012200
012500
012600
012900
013100
013200
013233
013300
014000
014200
015000
016000
017300
017419
017700
017823
017839
017900
019113

SUMMARY
ALLOWANCES
UNIT PRICES
SUBSTITUTION PROCEDURES
CONTRACT MODIFICATION PROCEDURES
PAYMENT PROCEDURES
PROJECT MANAGEMENT AND COORDINATION
CONSTRUCTION PROGRESS DOCUMENTATION
PHOTOGRAPHIC DOCUMENTATION
SUBMITTAL PROCEDURES
QUALITY REQUIREMENTS
REFERENCES
TEMPORARY FACILITIES AND CONTROLS
PRODUCT REQUIREMENTS
EXECUTION
CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
CLOSEOUT PROCEDURES
OPERATION AND MAINTENANCE DATA
PROJECT RECORD DOCUMENTS
DEMONSTRATION AND TRAINING
GENERAL COMMISSIONING REQUIREMENTS

DIVISION 02 – EXISTING CONDITIONS
024113
024114
024119

SELECTIVE SITE DEMOLITION
PAVEMENT REMOVAL
ACTIVE BUILDING DEMOLITION

DIVISION 03 – CONCRETE
031100
032000
033004
033005
033010
033500
033900

CONCRETE FORMING
CONCRETE REINFORCING
CONCRETE
CONCRETE TESTING
CONCRETE PLACEMENT
CONCRETE FINISHING
CONCRETE CURING

DIVISION 04 - MASONRY
040516
MASONRY MORTAR AND GROUT
0443
STONE VENEER
DIVISION 05 – METALS
050523

BOLTS NUTS AND ACCESSORIES

TABLE OF CONTENTS

1

George A. Barker River Park Expansion & Redesign
05
05

02/11/26

FLASHING
BIKE LOCKS

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES
06

WOOD SIDING

DIVISION 07 - THERMAL AND MOISTURE PROTECTION
071300
073113
076220

SHEET WATERPROOFING
ASPHALT SHINGLES
COPPER GUTTERS AND DOWNSPOUTS

DIVISION 09 – FINISHES
09

WOOD FINISH SEALER

DIVISION 22 – PLUMBING
220100
220500
220700
221113
221116
221319
224000
224700

GENERAL REQUIREMENTS
MECHANICAL GENERAL REQUIREMENTS
HVAC AND PLUMBING INSULATION
FACILITY WATER DISTRIBUTION PIPING
DOMESTIC WATER PIPING
SANITARY WASTE PIPING SPECIALTIES
PLUMBING FIXTURES
DRINKING FOUNTAINS AND WATER COOLERS

DIVISION 23 – HEATING, VENTILATING, AND HVAC
238323

RADIANT HEATING ELECTRIC PANELS

DIVISION 26 – ELECTRICAL
260500
260513
260533
260534
265113

ELECTRICAL GENERAL REQUIREMENTS
CONDUCTORS AND CABLES
RACEWAY
ELECTRICAL BOXES AND FITTINGS
HALO LIGHTING

DIVISION 31 – EARTHWORK
310519
311100
312316
312326
312500
313119

GEOTEXTILES
SITE CLEARING
EXCAVATION
COMPACTION
EROSION AND SEDIMENTATION CONTROL
VEGITATION CONTROL

TABLE OF CONTENTS

2

George A. Barker River Park Expansion & Redesign

02/11/26

DIVISION 32 - EXTERIOR IMPROVEMENTS
320131
320190
320191
320193
321123
321216.15
321216.18
321313
321373
321416
321613
321614
321723
328000
329119
329200
329300

PAVEMENT SMOOTHNESS
MAINTENANCE OF PLANTING
TREE ROOT CUTTING
PRUNING TREES
AGGREGATE BASE COURSES
WARM MIX ASPHALT
RECYCLE BITUMINOUS PAVEMENT
CONCRETE PAVING
CONCRETE PAVING JOINT SEALANTS
BRICK UNIT PAVING
DRIVEWAY SIDEWALK CURB GUTTER
CURB CUT ASSEMBLY
PAVEMENT MARKINGS
LANDSCAPE IRRIGATION
LANDSCAPE FINE GRADING AND SOIL PREPARATION
LANDSCAPE TURF
LANDSCAPE PLANTING

DIVISION 33 – UTILITIES
330514
330520
330525
331300
333100
334100

UTILITY GRADE ADJUSTMENT
BACKFILING TRENCHES
PAVEMENT RESTORATION
DISINFECTION
SANITARY SEWAGE SYSTEMS
DRAINAGE SYSTEMS

TABLE OF CONTENTS

3

Memorandum
To:​
​
From:​ ​
​
​
Date:​ ​
Re:​
​

Town Council
Thomas Dansie, Town Manager
Dawn Brecke, Treasurer
April 17, 2026
FY 2026-27 Budget Work Session: Presentation of the Staff Budget for Council Review

INTRODUCTION
The Town’s fiscal year runs from July 1 to June 30. The Town must adopt a budget of anticipated
revenues received and expenditures made during the fiscal year. Utah State Code requires the Mayor to
submit a Tentative Budget to the Town Council at or prior to the first regularly scheduled meeting in May
(see UCA 10-5-107). Springdale Town Code charges the Town Manager with responsibility for assisting
the Mayor and Town Council in the preparation of the budget (see Town Code 1-6A-4(D)). The Town
Manager fulfills this responsibility in partnership with the Town Treasurer.
It is the Town Council’s practice to hold a budget work session in April prior to the presentation of the
Tentative Budget in May’s regular meeting. This work session allows the Council to provide insight and
guidance to direct the Town Manager and Treasurer in the final preparation of the Tentative Budget. This
work session gives the Council the ability to discuss forecasted revenues and anticipated expenditures,
and express priorities that will be used to refine the Tentative Budget.
The Town Manager, Treasurer, and Department Heads have created an initial Fiscal Year 26-27 budget
proposal (the “Staff Budget”) for the Council’s review. The Staff Budget is a starting place for the
Council’s discussions during the work session. The Council can modify, add to, or take away from any
element of the Staff Budget. The Staff Budget is included as an attachment to this report.
Purpose of the Work Session:
Staff suggests the Council use this work session to ensure the FY26-27 budget reflects the Town’s
priorities as outlined in the General Plan, other master plans, and the capital priorities planning
document (attached to this report). Based on the Council’s discussion given at the work session staff will
make changes to the Staff Budget and prepare a Tentative Budget for the Council to review in the May
meeting.
Note that the Council is not taking final action on the budget at this meeting. The Council will take formal
and official budget action in adopting a Tentative Budget in the May meeting and a Final Budget in the
June meeting.

REPORT OUTLINE
This report follows the outline presented below:
1.​ Staff Budget Summary (page 3): Shows projected revenues and anticipated expenditures from
the Staff Budget in each of the Town’s major funds: General Fund, Irrigation Fund, Water Fund,
Sewer Fund, Springdale Municipal Building Authority (SMBA) Fund, and Transportation Fund.
2.​ Fund Balance Summary (page 5): Shows the fund balances as they existed on June 30, 2025, and
the projected impact of the FY25-26 budget on those balances. This will give the Council
information about the health the fund balances.
3.​ Projected Revenues Summary (page 7): Shows the revenue forecasted to be received in
FY26-27.
4.​ Anticipated Expenditures Summary (page 9): Shows the expenses proposed in the FY26-27
Staff Budget for each of the Town’s funds. Also includes a discussion of key expenditures and
projects in each fund.
5.​ Budget Review and Approval Process (page 13): Outlines the next steps the Council should be
aware of regarding the annual budget process.
6.​ Summary and Key Consideration Topics (page 14): Contains a brief discussion of some of the
critical budget issues the Council may wish to address during the work session, as well as
concerns to be aware of during the near future.

Page 2 of 14

1.0 BUDGET SUMMARY
The Town budget has six1 major funds: General Fund, Irrigation Fund, Water Fund, Sewer Fund,
Springdale Municipal Building Authority Fund, and Transportation Fund. The projected revenues and
total expenses for each fund are summarized below. Details on both revenues and expenditures are
contained in the Staff Budget.
The general fund must balance across each budget year–anticipated expenses must match projected
revenues. The Staff Budget proposes a balanced budget (technically a $206 surplus) as shown in the
table below.

FY 2026-27 Staff Budget Summary
General Fund
General Fund
General Fund Revenue

$ 6,338,802

General Fund Expenditures

$ 6,338,595

Over (Under)

$ 206

The other five funds in the budget are enterprise funds. These act similar to a standard business budget.
They are not required to balance each year–they can run either a surplus or a deficit. Obviously, it is not
financially sound to run a large deficit, or to run deficits for several years in a row.
With the exception of the sewer fund, all of the enterprise funds show a surplus this fiscal year. However,
the surpluses in the irrigation fund and the water fund are only possible due to transfers from the
general fund and appropriated use of the beginning balances in these funds. The table on the following
page gives a summary of revenue and expenditures for the enterprise funds.

1

There are two other funds in the budget used to hold funds for capital improvements (Streets Capital Projects and
Parks Capital Projects). These are project based funds used to hold resources for imminent or ongoing projects and
are not analyzed in this summary. Details on these funds are in the Staff Budget.

Page 3 of 14

FY 2026-27 Budget Summary
Enterprise Funds
Irrigation Fund
Irrigation Fund Revenue

$ 162,405

Irrigation Fund Expenditures

$ 159,028

over (under)

$ 3,377

Water Fund
Water Fund Revenue

$ 2,047,508

Water Fund Expenditures

$ 1,977,892

over (under)

$ 69,616

Sewer Fund
Sewer Fund Revenue

$ 834,842

Sewer Fund Expenditures

$ 1,057,693

over (under)

$ (222,851)

SMBA Fund
SMBA Fund Revenue

$ 249,980

SMBA Fund Expenditures

$ 245,480

over (under)

$ 4,500

Transportation Fund

Page 4 of 14

Transportation Fund Revenue

$ 1,258,500

Transportation Fund Expenditures

$ 1,030,045

over (under)

$ 228,456

2.0 FUND BALANCE SUMMARY
While the general fund budget is required to balance each year, in reality total expenditures are often
less than what was originally budgeted, revenues exceed original projections, or a combination of both.
When this occurs the surplus between actual revenue and actual expenses accrues in the “fund
balance.” The fund balance is the difference between what the Town collects in revenues and what the
Town spends in expenditures. If this is a positive amount at the end of the year the surplus rolls into the
fund balance.
The fund balance is a kind of rainy day fund that allows the Town to be prepared to react to emergencies
and unforeseen circumstances without going into financial dire straits. State law allows the Town to
accrue a fund balance equal to 100% of the General Fund revenue. For the Town of Springdale that
would be approximately $6 million. Due to sound conservative fiscal leadership over many years, the
Town has been able to build a sizable fund balance (although nowhere near the limit of 100% of General
Fund revenue).
The Town has recently completed (or is in the process of completing) a number of projects paid for from
the fund balance. Additionally, the fund balance is used each year to fund a variety of major purchases
(e.g., annual replacement of several police vehicles), and the fund balance is often used to plug holes in
the budget to make the budget balance. These expenditures are shown in the budget as “appropriated
use of the fund balance.” In the past several years the fund balances of all of the Town’s major funds
have decreased due to appropriated use of the fund balance.
To help the Council see the impact of appropriated use of the fund balance it may be helpful to reference
the table on the following page. It shows the fund balances in each fund as they existed at the end of the
last fiscal year (on June 30, 2025), the anticipated decrease based on appropriated use of the fund
balance in the current (FY25-26) budget, and what the fund balances are projected to be on June 30,
2026 not accounting for any potential increases from excess revenue or decreased expenditures during
the current fiscal year.

Page 5 of 14

Fund Balances Summary
Fund Balances as of June
30, 2025

FY25-26 Budgeted
Appropriated Use of the
Fund Balance

June 30, 2026 (Budgeted)

General Fund

$611,951

($652,940)

($40,989)

Irrigation Fund

$371,382

($24,400)

$346,982

Water Fund

$832,934

($850,000)

($17,066)

Sewer Fund

$96,583**

($155,000)

($58,417)

Transportation Fund

$1,417,438

($455,000)

$962,438

** The Sewer Fund Balance is skewed due to the ongoing sewer filtration building construction project.
There has been constant inflow and outflow of funds in the sewer fund as part of the construction project.
The figure in the table above shows the fund balance as it exists as of the date of this report.

As shown in the table above, all of the funds except Irrigation and Transportation will have a negative
balance at the end of the year, unless FY25-26 actual revenues exceed FY25-26 actual expenditures. In
practice, revenues typically always exceed expenditures because the Town has traditionally been
conservative in forecasting revenue. Revenues collected to date substantiate this trend and staff is
reasonably certain there will be a budget surplus which will increase the fund balances. However, the
Council should use this chart as a demonstration of the current health of the fund balances.

Page 6 of 14

3.0 PROJECTED REVENUE SUMMARY
A key part of the budget process is forecasting anticipated revenue for the coming fiscal year. Typically
these forecasts are based on revenue trends over the past several years, adjusted based on known
conditions that could impact revenue. This process usually results in projected revenues that are
typically around 5% higher than the previous year’s budgeted revenue2.
Out of extreme fiscal caution, the Staff Budget proposes using the same projected revenue as the
FY25-26 budget, with some minor adjustments. The result is budgeted revenues that are virtually
unchanged from the current budget year3. As discussed earlier, actual revenue typically exceeds
budgeted revenue. Further, actual revenue typically increases year over year. By holding projected
revenue constant in the FY26-27 staff is being doubly cautious about projected revenues.
Tax revenue is the Town’s primary source of revenue in the general fund, accounting for nearly 80% of
total revenue. The table below shows the projected general fund revenue from taxes in the Staff Budget.
Projected Revenue Summary

2

FY26-27

FY25-26

Current Year Property Taxes

$ 83,032

$ 83,032

Prior Year Property Taxes

$ 7,000

$ 6,000

Sales & Use Taxes

$ 1,000,000

$ 1,000,000

Resort Taxes

$ 2,850,000

$ 2,850,000

Transient Room Tax

$ 800,000

$ 800,000

Telecommunications Tax

$ 6,000

$ 6,000

Fee-In-Lieu

$ 1,750

$ 1,750

RAP Tax

$ 60,000

$ 58,000

Municipal Energy Tax

$ 145,000

$ 145,000

Hwy/Transit Tax

$ 96,000

$ 94,000

Taxes Total

$ 5,048,782

$ 5,043,782

Staff notes that due to the Town’s history of conservative fiscal management, actual revenues have almost always
been higher than budgeted revenues.
3
Based on the original FY25-26 budget. These revenues changed dramatically through a budget amendment that
transferred additional revenue into the general fund for the River Park expansion project. For the purposes of year
over year budgeting staff is referencing the original budget to remove the anomaly of the large transfer associated
with the River Park project.

Page 7 of 14

In addition to taxes, the Town receives general fund revenue from user charges, licenses and permits,
grants, other intergovernmental revenue, and transfers / contributions. Details on these revenue sources
are in the Staff Budget attached to this report.
Revenue in the enterprise funds comes primarily from user charges (utility payments in irrigation, water,
and sewer; parking fees in transportation). As with the general fund, the Staff Budget uses the same
revenue projections in the enterprise funds as the current (FY25-26) budget.

Page 8 of 14

4.0 ANTICIPATED EXPENDITURES SUMMARY
The budget process is critical to ensure the Town spends its resources efficiently, and in a way that
accomplishes the goals and objectives of the General Plan and other adopted master plans. Budgeted
expenses should help fulfill priorities from these adopted planning documents. In many cases this means
budgeting for ongoing operational costs that allow the Town to continue to provide excellent services to
the community. In other cases this means budgeting for projects, programs, and equipment that will
help accomplish a specific goal or objective. The Council should analyze budgeted expenditures with this
perspective in mind: how does this budgeted expense fulfill the priority goals and objectives of adopted
planning documents?
Details of budgeted expenditures are contained in the Staff Budget attached to this report. The Council
should review the budgeted expenditures to ensure they are in line with Town priorities.
The following chart provides a breakdown of anticipated general fund expenditures in each department.
This general summary gives a broad indication of how Town funds are anticipated to be spent. The
Council should consult the individual budget sheets for each department in the Staff Budget for details
on specific budgeted expenses.
General Fund Expenditures

FY26-27

Percent Change

FY25-26

Legislative-Council

$149,246

-1%

​

150,246

Administration

$ 894,549

-5%

​

943,917

Non-Departmental

$ 108,531

-13%

​

124,517

Government Buildings

$ 536,366

-19%

​

660,784

Public Safety

$ 2,423,436

4%

Streets

$ 411,554

43%

​

286,796

Parks

$ 455,670

3%

​

442,260

Community Development

$ 806,463

-16%

​

960,496

Canyon Community Center

$ 245,984

2%

​

242,091

Historic Preservation

$ 25,005

107%

Transfers

$ 281,791

34%

​

209,791

Total General Fund Expenditures

$ 6,338,595

-1%

​

6,371,037

​

2,338,039

​

12,100

As with the general fund, details on the budgeted expenditures in the enterprise funds are contained in
the Staff Budget attached to this report.

Page 9 of 14

Key Expenditures
The bulk of the Town’s anticipated expenditures pay for employees and contract labor. The Town has
highly capable and competent staff. To recruit and retain the highest caliber staff the Town offers
competitive salaries and benefits. The Town also invests in employees with ongoing training and
professional development. In addition to Town staff the Town expends money on contract labor, most
notably the Town Attorney and Town Engineer. These services are also essential to provide ongoing
excellent service. Another large part of expenditures are necessary operational and overhead costs.
These include buildings and grounds operation and upkeep, equipment, computers, software, office
equipment, etc.
All the above expenditures are necessary and bring overall value to the community in the form of
excellent high quality services. In that sense these are necessary operational costs and there is limited
discretion with regard to these costs if the Town wishes to maintain its current level of staffing and
services provided to the community.
There are other expenditures that are not ongoing operational costs, but that add value to the
community and help promote the goals and objectives of the Town’s adopted plans. These are costs for
key projects, equipment, programs, and plans that the Council could choose to delay, or to eliminate
altogether, and the Town would continue to function. However, delaying or eliminating these
expenditures would impact the Town’s ability to provide the highest quality service to the community
and to fulfill goals and objectives of adopted plans.
Some of these key projects, equipment, programs, and plans are detailed below. These projects are all
included in the Staff Budget. The Council should consider whether or not these expenditures are
necessary and appropriate for the Town to accomplish its established goals:
GENERAL GOVERNMENT / ADMIN
Medical Clinic Design and Site Master Planning, $334K
This project includes the design of a medical clinic building and the overall site planning for the
Town’s newly acquired two-acre parcel. It is funded through a grant from GOEO. The Town has
expended about $55,000 so far on this project.
Town Jail Rehabilitation and Interpretation, $20K
The stone jail near the Springdale Elementary school was recently placed on the National
Register of Historic Places. The jail is currently not in a state that is safe for visitors to explore.
This project will rehabilitate the jail to make it safe, as well as provide some interpretive signage
about the jail’s history.
PARKS
River Park Expansion, $1.3M
This project will begin imminently. It is being funded by grants, park impact fees, RAP tax, and
general fund revenue.
Page 10 of 14

POLICE / PARKING
Police vehicles, $90K
In order to maintain reliable and dependable vehicles the Police Department rotates its fleet of
vehicles on a three year schedule–each year one third of the fleet is replaced. This year the
Police Department plans to replace three vehicles. The total cost to the Town is reduced based
on the value of the old vehicles which are traded in.
LPR Replacement for Parking Car, $34K
The Town uses License Plate Reader (LPR) technology on the parking vehicle to aid in parking
enforcement. The Town is using the original LPR equipment acquired in 2018. It is in need of
replacement.
PUBLIC WORKS
Street maintenance Moenave, $40K
This project is regular preventative maintenance (crack seal and seal coat) on roads in the
Moenave subdivision necessary to extend the life of the road. This maintenance should be done
on all roads on a seven to ten year schedule.
Drainage study on Balanced Rock Hill, $15K
Stormwater runoff from Balanced Rock Will routinely creates impacts on properties adjacent to
the hill and SR9. Street crews spend tens of hours after each storm cleaning SR9 of mud and
debris carried by stormwater. This project will investigate improvements that could redirect the
stormwater and associated mud away from SR9.
Big Springs Road Design, $100K
Now that Big Springs Road is officially a public street the Town needs to perform much needed
maintenance on the road (i.e. reconstruction of the road). This project will fund the design of the
required reconstruction, which could include creative measures and design to protect the
residential character of the neighborhood.
Church to Quail Ridge Road sidewalk, $355K
This project is in the current FY25-26 budget. However, due to issues with getting the design
approved through UDOT it has not yet been constructed. It is likely that the project won’t be
constructed until the FY26-27 budget year. A portion of the funding for this project comes from
UDOT contingency funds.
Red Hawk Drive Maintenance, $10K or $400K
The pavement on Red Hawk Drive has large cracks and is in a state of disrepair. The Town spent
nearly $500K reconstructing this road about four years ago. Engineers have analyzed the issues
surrounding the current road failure and have provided a solution that will cost $400K to
construct. However, the workforce housing units in Red Hawk will likely be constructed within
the next year. It may make sense to delay reconstructing Red Hawk Drive until the five workforce
Page 11 of 14

housing units are constructed to avoid construction impacts on the new road. The Streets
Department has proposed a $10K fix of roadbase and crack seal could make the road last
another year. The Staff Budget includes the $10K option.
Settling Pond Dredging, $100K
The Town’s settling ponds near the water treatment plant accumulate sediment. This sediment
reduces the capacity of the ponds. It is necessary to routinely dredge the ponds of accumulated
sediment. This is a recurring project necessary each year.
Sewer Master Plan Update, $60K
The Town’s sewer master plan needs to be updated. The plan was last updated in 2021. That
plan identifies major improvements that will be necessary around 2034 (replacement and
upsizing of the main sewer line). The plan should be updated to provide more clear direction on
how to prepare for these major improvements.
Sewer filter building chemicals, $160K
The Town recently completed constructing a sewer filter treatment building. This building is
intended to reduce the TSS in the sewer outflow from the sewer lagoons. For the filter to
function effectively a chemical polymer must be added to the effluent. The anticipated annual
cost of this chemical is between $110 and $160K.
Streets Department Truck, $60K
One of the Streets Department team members is using a model year 2017 truck for daily
operations. At this age the vehicle is more susceptible to major repairs. It makes financial sense
to replace the truck rather than pay for potentially costly repairs to a truck at the end of its
useful life.

Page 12 of 14

5.0 BUDGET TIMELINE AND APPROVAL PROCESS
The annual budget process will proceed according to the following schedule:
●​ January 28, 2026: Town Council review of the Capital Priorities List
○​ The Council met in January to review anticipated capital expenditures proposed for
FY26-27, for the next two years, and for three or more years in the future. The Staff
Budget includes the priorities for FY26-27 discussed in the Council’s Capital Priorities LIst
review.
●​ April 22, 2026: Council Budget Work Session
○​ This is the current step in the process.
●​ May 13, 2026: Council review of the Tentative Budget
○​ The Council will review the following as part of this step in the process:
■​ FY26-27 Tentative Budget
■​ Review of RAP Tax applications and award of RAP Tax funds
●​ June 10, 2026: Council review of the Final Budget
○​ The Council will review the following as part of this step in the process:
■​ FY26-27 Final Budget
■​ Executive Compensation Increase Hearing
●​ June 24, 2026: End of Year Final FY25-26 Budget Amendment Review
○​ The Council will close out the FY25-26 budget with a final amendment during this
meeting.

Page 13 of 14

6.0 SUMMARY AND KEY CONSIDERATIONS
The Council should review the Staff Budget and provide staff direction to aid in the preparation of the
Tentative Budget. The Council is not making a final decision on the budget at this meeting. The Council is
merely providing input and direction to guide the direction of the Tentative Budget. The Council will
consider and take action on the Tentative Budget in the May meeting.
As the Council discusses the Staff Budget, the following key considerations may be helpful:
●​ Is the Staff Budget approach to projected revenues (keeping them essentially flat from FY25-26)
appropriate for the FY26-27 revenues?
●​ How extensively should the Town rely on appropriated use of the beginning fund balances for
expenditures and to balance fund budgets?
●​ Are the key expenditures discussed in this report appropriate uses of Town funds?
○​ Are there other expenditures in the details shown on the Staff Budget that should be
discussed?
○​ Are there projects, equipment, programs, or plans that are not budgeted for, but should
be in order to accomplish Town priorities?

Page 14 of 14

FY 2026-27 Budget Summary
General Fund

FY26-27
6,338,802

% Change
-24%

FY25-26
8,352,303

149,246
894,549
108,531
536,366
2,423,436
411,554
455,670
806,463
245,984
25,005
281,791
6,338,595

-65%
-1%
-83%
2651%
13%
68%
0%
-21%
7%
150%
-88%

422,104
902,393
641,557
19,498
2,139,443
244,923
455,304
1,017,299
228,991
10,000
2,270,791
8,352,303

Total Expenditures
over (under)

6,338,595
206.65

-24%

8,352,303

total budget (all funds)

12,641,733

-7%

13,532,243

Revenue
Expenditures
Legislative-Council
Administration
Non-Departmental
Government Buildings
Public Safety
Streets
Parks
Community Development
Canyon Community Center
Historic Preservation
Transfers

Irrigation Fund

1,688,692
26.6%
38.2%
6.5%
11.1%
13.1%

Revenue
Expenditures
over (under)
Water Fund
Revenue
Expenditures
over (under)
Sewer Fund
Revenue
Expenditures
over (under)
SMBA Fund
Revenue
Expenditures
over (under)
Transportation Fund
Revenue
Expenditures
over (under)

FY26-27
162,405
159,028
3,377

% Change
16%
14%

FY25-26
140,000
139,504

FY26-27
2,047,508
1,977,892
69,616

% Change
9%
5%

FY25-26
1,884,658
1,882,137

FY26-27
% Change
834,842
37%
1,057,693
76%
(222,851)

FY25-26
611,280
602,295

FY26-27
249,980
245,480
4,500

% Change
292%
285%

FY25-26
63,750
63,750

FY26-27
1,258,500
1,030,045
228,456

% Change
56%
56%

FY25-26
806,700
658,352

Fiscal Year 2024/2025
Account
Taxes
10-31-100
10-31-200
10-31-300
10-31-400
10-31-500
10-31-505
10-31-511
10-31-600
10-31-700
10-31-800
10-31-900

Description
Current Year Property Taxes
Prior Year Property Taxes
Sales & Use Taxes
Franchise Taxes
Resort Taxes
Transient Room Tax
Telecommunications Tax
Fee-In-Lieu
RAP Tax
Municipal Energy Tax
Hwy/Transit Tax
Taxes Total

Licenses And Permits
10-32-100 Business Licenses
13-32-200 Sign Permits
10-32-210 Building Permits
10-32-215 Demo/Excav/Fill Permits
10-32-216 Conditional Use Permits
10-32-217 Open Air Display Permits
10-32-218 Temporary Use Permits
10-32-219 Home Occupation Permits
10-32-220 Agricultural Use Permits
10-32-221 Fence Permits
10-32-222 Special Event Permits
10-32-223 Encroachment Permits
10-32-224 Pool Permits
10-32-225 Large Outdoor Event Permits
10-32-226 Erosion Hazard Development Permits
10-32-227 Solar Permit
10-32-250 Animal Licenses
Licenses Total
Intergovernmental Revenue
10-33-400 State Grants

10-33-500
10-33-501
10-33-560
10-33-570
10-33-580
10-33-585
10-33-590
10-33-591
10-33-700
10-33-750
10-33-800
10-33-900

Misc Intergovernmental
Cares Act Revenue
Class "C" Road Funds Allotment
FEMA Proceeds
Beer Tax Funds
Law Enforcement Grant Proceeds
Federal Revenue Sharing
USDA - Black's Canyon Wash
Pedestrian Safety Funds
UDOT Cooperative Project Funds
Police Services Virgin
Police Services Rockville
Intergovernmental Total

General Fund Revenue

Final Budget

Town Manager

26-27 Budget

25-26 Actual

25-26 Budget

83,032
7,000
1,000,000

79,065
7,626
553,659

83,032
6,000
1,000,000

2,850,000
800,000
6,000
1,750
60,000
145,000
96,000
5,048,782

1,545,815
434,727
3,319
1,022
35,458
79,095
53,082
2,792,868

2,850,000
800,000
6,000
1,750
58,000
145,000
94,000
5,043,782

3,025,323
768,370
6,577

25,000
1,100
50,000
2,000

6,245
975
24,024
666

23,050
1,176
66,269
2,214

250
-

250
100
250

100

100

1,500
2,000
1,000
200
83,150

150
1,050
1,300
150
85
35,345

23,000
1,100
65,000
2,000
400
175
100
1,500
2,000
1,000
1,250
200
97,725

424,000

449,385

424,000

424,000
- Car Free Springdale TPA grant
90,000 Invasive species project grant revenues
334,000 GOEO Grant - Medical Clinic Architectural Servic

30,000

24,805

19,000

4,500

25,000

12,500

28,000
13,000
25,000

498,000

491,189

490,000

Request

Explanation

6,145
974,019

Certified tax rate of .xxxxxx per Wash Co Clerk

2,625,000.00

62,928
147,073
94,524
56%

425
175
115
285
1,540
2,800
1,181
1,438
242

28,138
12,696

As of 4/15/2026Page 2 of 61

Fiscal Year 2024/2025
Account

Final Budget

Description

Charges for Services
10-34-240 Inspection Fees - Plan Check fees
10-34-600 Zoning Fees - Misc
10-34-601 Building Permit Applicaions
10-34-602 Zoning Map/Ordinance Revisions
10-34-603 Appeals
10-34-604 Design/Development Review
10-34-605 Ordinance Interpretations
10-34-606 Subdivision Applications
10-34-607 Variances
10-34-810 Sale of Cemetery Lots
10-34-830 Burial Fees
10-34-850 DCD Review Fees
10-34-860 Parking meters
Charges Total
Fines and Forfeitures
10-35-100 Fines and Forfeitures
10-35-200 Parking Citations
10-35-300 Evidence and Forfeitures
10-35-400 Civil Citations (Code Enf)
Fines Total
Canyon Community Center
10-36-100 Donations
10-36-200 Rentals
10-36-300 Events
10-36-400 Grant revenue
10-36-500 Merchandise (totes, bottles, etc.)
10-36-600 Class registration/fees
CCC Total
Historic Preservation/History Center
10-36-700 County Tourism (GreaterZion)
10-36-701 Local Tourism (ZCVB)
10-36-703 State Grants
10-36-705 Sponsors/Donations/Fundraising
10-36-706 Retail Sales
10-36-707 Event Proceeds
Historic Preservation Total

26-27 Budget

25-26 Actual

25-26 Budget

43,000
200
4,500
5,000
500
5,000
1,000
1,000
7,500
1,500

15,616
1,500
5,000
2,525
100
375
1,200
7,500
225

43,000
200
4,500
5,000
500
5,000
1,000
800
7,500
2,500
-

69,200

34,041

70,000

38,000
100
3,000

28,621
2
-

38,000
250
3,000

41,100

28,623

41,250

1,250

925

3,500

2,992

1,000
1,250
2,500

4,750

3,917

4,750

-

-

5,000

-

5,000

Music Festival Revenues
10-37-700 Donations and Fundraising Events
Music Festival Total
Interest
10-38-100
10-38-105
10-38-106

Interest Income - General Acct
Interest Income - Open Space
Interest Income - RAP Tax

General Fund Revenue

Request

Town Manager

Explanation

43,211
200
4,380
5,600
500
4,865
1,230
1,120
7,925
2,905

38,243
25 Court Fines/PD - Springdale, Rockville
296
3,433

1,895 cash donations
1,295 community Center rental fees
216 Earth Day
2,366
2,534

-

-

-

-

4,000
2,000
4,000

5,922
2,076
5,428

750
2,000
3,000

363
1,191
2,936

As of 4/15/2026Page 3 of 61

Fiscal Year 2024/2025

Final Budget

Account

Description

10-38-110
10-38-115
10-38-120
10-38-121
10-38-125

Interest Income - PTIF Gen Acct
Interest Income - Municipal Parking
Interest Income - Cemetery Acct
Interest Income - LLEBG Grant
Investment Interest
Interest Total

Miscellaneous Revenues
10-38-010 Reimbursements
10-38-030 Gazebo Rental Fees
10-38-040 Grant Revenue
10-38-050 YAZ Revenue
10-38-060 Medical Clinic Lease Revenue
10-38-300 ULGT/PEHP Dividend
10-38-400 Sale of Fixed Assets
10-38-450 Sale of Bonds
10-38-460 Debt Proceeds - Capital Lease
10-38-500 Photocopies and Research
10-38-610 Zoning Maps
10-38-900 Sundry Revenues
10-38-905 Credit Card Convenience Fee
10-38-910

Event Revenues

Misc Total
Contributions and Transfers
10-39-100 Contributions from Private Sources
10-39-110 Contributions - Ambulance
10-39-115 Contributions to Tennis Court Fund
10-39-120 Contributions - Parks and Recreation
10-39-122 Contribution to ISTEA match
10-39-123 Contribution to Library Fund
10-39-870 Interfund Loan, Transfer or Contribution

10-39-880

Transfer from SMBA Fund

10-39-890

Transfers

10-39-990

Appropriated Use of BF Balance

26-27 Budget

25-26 Actual

25-26 Budget

40,000
1,000

51,721
874
36,877
102,897

31,000
500
45,000
82,250

31,262
524

4,850
8,190
9,859
407
-

2,000
14,040
14,000
400
-

2,107 Town Hall/gazebo rentals

28,000

29,012

28,000

63,440

52,318

58,440

25,500

-

25,500

-

-

-

413,880

40,000
91,000

7,000
14,040
14,000

400
-

413,880

Request

Explanation

47,555

14,040 Clinic lease
14,000

300

28,000
25,000 Butch Cassidy 10K Race
3,000 Chalk and Earth Fest

25,500
25,500 Transportation Fund - Street Maintenance
-

413,880
50,000
20,000
177,880
70,000
6,000

General Fund Revenue

Town Manager

RAP Tax Retained Funds:
Park Projects - dog park
Transfer to Irrigation Fund
Misc Engineering Reviews
Lion Blvd property debt service
Parks Cap Projects (CP-45)
Beer tax
Vehicle Purchasing:

As of 4/15/2026Page 4 of 61

Fiscal Year 2024/2025
Account

Description

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

Request

Town Manager

Explanation

90,000 Police Vehicles and Equipment
- Streets Vehicles and Equipment
- Parks Vehicles and Equipment

Contributions and Transfers Total

439,380

Total General Fund Revenues
GF Exp

6,338,802
6,338,595
207

General Fund Revenue

3,546,198

439,380
6,327,577

As of 4/15/2026Page 5 of 61

Fiscal Year 2024/2025

Final Budget

Account
10-41-110

Description
Salaries & Wages

26-27 Budget

25-26 Actual

25-26 Budget

45,500

33,425

45,500

Request
45,500

10-41-120

Payroll tax expense

4,636

2,586

4,636

4,636

10-41-130

Employee benefits

309

-

309

309

10-41-150

Payroll taxes

-

-

-

10-41-190

Council meeting expense

2,973

10,120

10-41-200

Treasurer expense

-

-

10-41-220

Public Notices

1,000

-

1,000

10-41-230

Travel

9,000

7,729

8,000

10-41-240

Office Supplies & Expense

10-41-250

Equip/maint

10-41-280

Telephone

10-41-330

Education & Training

8,620

Who

Explanation

Clerk
Clerk

Recognitions
Misc meeting expenses
Zoom Subscription

1,000

Clerk

Council notices

9,000
5,000
4,000

Treas

Travel to ULCT in SLC (5 council members)
POV Mileage Reimbursement/Working Lunches - Mayo

8,620
750
6,000
1,870
-

275

75

275

275
275

Treas

misc office supplies

1,935

1,243

1,935

1,935
1,560
375

Treas
Treas

portion of upstairs copier maintenance agreement (split
portion of LaserFiche maintenance agreement (split)

-

-

1,070

6,250

Clerk

Open Meeting/Public Officials Training Expense
ULCT SLC Conference (5 council/commission members
ULCT St. George (5 council/commission members)
Various Councilmember Training Registrations

6,250

6,250
1,250
2,750
2,000
250

10-41-340

Dues & Memberships

3,415

2,342

3,415

3,415
2,415
100
375
475
50

10-41-345

Election Expense

2,500

2,182

4,500

2,500

10-41-480

Special Dept Supplies

1,700

610

1,560

1,700
250
400
200
850

Legislative-Council10-41

Town Manager

Treas
Treas
Treas
Treas
Treas

ULCT (paid in May)
Night Sky Assoc.
AASLH Membership
ZCVB (paid in May)
State of Utah entity registration
election year

Treas
Treas
Treas

Council uniform shirts
Wellness/staff meeting/ERP split
Staff Christmas party split
Public officials recognition

As of 4/15/2026Page 6 of 61

Fiscal Year 2024/2025

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

840

1,000

480

Insurance/Surety Bonds

3,491

3,256

10-41-540

Contributions

59,575

10-41-610

Misc Supplies

10-41-620

Misc Services

10-41-740

Capital Outlay

Account

Description

10-41-490

Computer Supplies

10-41-510

Request
840
480
360

Who

Explanation

Treas
Treas

Mayor Lenovo lease (L27-07/2022)
Mayor Internet Reimbursement

3,491

3,491
11
3,480

Treas
Treas

Equipment insurance (split)
Liability insurance (split)

55,791

58,575

59,575
100
175
500
100
200
4,000 Treas
2,500
500
- RAP
14,500
8,000
- RAP
14,500
12,000
2,500

100

-

100

100

Treas

100

-

100

100

Treas

-

-

FY26-27 Budget
Previous Year
Difference
Percentage Change

149,246
150,246
(1,000)
-1%

GF Rev
GF Exp

6,338,802
6,338,595
207

Legislative-Council10-41

114,281

Town Manager

Washington County Arts Council
Washington County Water Fair
Zion Canyon HHS Scholarship
misc
ZNHA
Tuition Reimbursements
ZCMF Donation
Paiute Tribe Donation
Rap Tax Projects (on prioritized list)
Pickleball Windscreens
Pickleball restroom improvements
Rap Tax Cultural Organizations
Zion Canyon Mesa
Z-Arts
Arts to Zion

150,246

As of 4/15/2026Page 7 of 61

Fiscal Year 2024/2025

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

391,186

310,170

434,083

Request
391,186

Who
Treas

Payroll Tax Expense

32,781

23,671

36,607

32,781

Treas

10-43-130

Employee Benefits

175,896

120,630

181,508

175,896

Treas

10-43-150

Contract Labor

-

-

10-43-160

Employee Bonus

-

-

10-43-165

Fire Marshall

-

-

-

10-43-210

Books & Subscriptions

580

580
250
330

Treas

Magazine subscriptions, books for library
Spectrum Subscription

Clerk

Classifieds

TM
TM
TM
Treas
Treas
Treas
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
TM
TM
TM
Treas
Treas

ULCT Annual conference
ICMA National Conference
Rotary District Conference
APT US&C National Conference - Dawn
IACP Conference Travel
Annual Wellness Council Conference
Business license, records management and election
IIMC Training
UMCA fall conf
ULCT Annual conference
Mileage reimbursement - Town Clerk
Mileage reimbursement - Deputy Clerk
Mileage stipend per agreement - Tom
Monthly Manager's meetings
Monthly Zion Canyon Mayors meetings
Treasurer's Institute (fall) - Dawn
Treasurer's Institute (fall) - Tonya

Account
10-43-110

Description
Salaries & Wages

10-43-120

10-43-220

Public Notices

10-43-230

Travel

580

30

.

Explanation

-

400

779

400

400
400

16,650

14,881

15,450

16,650
1,000
1,000
700
800
750
1,200
750
100
100
6,000
350
900
1,500
1,500

Business License Inspections

10-43-235

Vehicle Expense (Gas, R/M)

1,800

539

1,800

1,800
800
1,000

Treas

Fuel/Maintenance for Explorer
Tires

10-43-240

Office Supplies

4,900

1,475

4,900

4,900
3,800
1,100

Treas

General office supplies
Records management supplies

Administration10-43

Town Manager

As of 4/15/2026Page 8 of 61

Fiscal Year 2024/2025

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

Request

Who

Explanation

2,994

1,243

2,585

2,994
1,950
394
500
150

Treas
Treas
Treas
Clerk
Clerk

Upstairs Copier Maint (split)
Downstairs Copier Maint (split)
Laser Fiche maintenance contract (see split)
Sound system repair/maintenance (mics, mixer)
Misc. equipment supplies and maintenance

1,200

Treas

Admin Uniform Shirts/Hats/Jackets ($200 per ee)

18,000

18,000

Treas

TH Electricity/Propane/Dumpster/Drinking Water/Internet

11,076

15,000

15,000

Treas

Admin Cell/Long Distance/TH Phone/Verizon One Talk

2,638

3,000

3,500

Treas

Postage Split (see worksheet)

Treas
Clerk

Pelorus Support/Financial Statement Prep (split)
Recodifcations
Municode hosting (split with CED)
paid social media (post boosting)
Property appraisals
Annual Shred Event

Account

Description

10-43-250

Equip Supp/Maint

10-43-260

Bldgs & Grounds/Supplies & Maint

10-43-265

Uniforms

1,200

452

1,200

10-43-270

Utilities

18,000

12,220

10-43-280

Telephone

15,000

10-43-290

Postage

3,500

10-43-300

Newsletters

10-43-310

Professional services

10-43-320

Legal Fees

10-43-330

Training & Education

-

12,261

5,731

-

12,194

-

12,261
2,311
7,200
750
500
1,500

157,000

204,731

157,000

157,000
83,000
20,000
4,000
50,000
-

6,600

3,853

8,250

6,600
350
300
800
200
200
750
150
150
1,000
1,000
700
300
700

Administration10-43

Town Manager

Clerk

General representation
Prosecution
Public Defender
Civil Violation Appeals
Lititgation
Misc legal
Treas
Treas
Treas
Treas
TM
TM
TM
TM
TM
TM
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk

UAPT Spring Conference (Dawn/Tonya)
IACP Annual Conference
UAPT Treasurers Academy (Dawn/Tonya)
UGFOA Conference
UCMA conferences (spring)
ICMA National Conference
ULCT Annual Conference
ULUI Spring Conference
Utah GFOA conference
Rotary District Conference
UMCA fall conference (Clerk & Dep. Clerk)
UMCA Spring conference (Clerk & Dep. Clerk)
IIMC Training (Clerk & Dep. Clerk)
ULCT Annual Conference
Business license and records management
ULCT Recorder's Day/Misc IIMC Trainings

As of 4/15/2026Page 9 of 61

Fiscal Year 2024/2025
Account

Description

10-43-340

Dues & Memberships

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

Request

4,944

3,735

6,074

4,944
250
960
560
30
100
180
250
150
150
260
244
50
800
200
90
400
70
200

10-43-480

Special Dept Supplies

3,600

2,015

2,910

3,600
2,400
1,200

10-43-490

Computer supplies

7,718

7,774

10,970

7,718
500
420
456
264
420
420
360
420
312
384
600
320
120
160
160
240
240
240
240
600
160
160
120
132
270

Administration10-43

Who

Explanation

TM
TM
Clerk
Clerk
Clerk
Clerk
Clerk
Treas
Treas
Treas
Treas
Treas
Treas
TM
Clerk
Treas
Treas
Treas

ICMA (City Managers National Association)
UCMA (Utah City Managers)
HPC Storage Unit
IIMC (Municipal Clerks National Association)
SWRCA (So. Utah Clerks Association)
UBLA (Utah Business License)
UMCA (Utah Municipal Clerks)
GFOA Membership
PSHRA-UT Membership
UAPT Membership (Dawn/Tonya)
APT US&C Membership (Dawn/Tonya)
SHRM Membership
UGFOA Membership
Zion Canyon Rotary [Tom]
National Notary Association
Annual Springdale sign permit (UDOT)
Technology Net Membership
Costco Membership
Real Colors Membership

Treas
Treas

Wellness/staff meeting/ERP/retreat split
Staff Christmas party split

Treas
Treas
Treas
Treas
Treas
Treas
Treas
Treas
Treas
Treas
Treas
Treas
Treas
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
Treas
TM

Printer Toner/Misc. Supplies
Dawn Computer lease (new lease)
Aren Lenovo lease (L33-10/2024)
Robin Lenovo Thinkpad lease (L31-11/2023)
Dawn Laptop lease (L20-07/2019)
Tom Computer lease (L27-07/2022)
Tonya Desktop lease (L29-06/2023)
Raylynn Desktop lease (L32-07/2024)
Tonya Lenovo Yoga lease (L33-10/2024)
LaserFiche Computer lease (L29-06/2023)
Tonya Scanner lease (L34-02/2025)
Robin Lenovo Thinkbook lease (L34-02/2025)
Tom HP Notebook lease (L34-02/2025)
Dropbox Software (clerk, DCD and TM)
Robin Canva Pro
April Grammarly
Robin Grammarly
Adobe Pro software (Robin)
Adobe Pro software (Aren)
Adobe Pro software (Front Desk)
Adobe Pro software (Tom)
misc computer software/maint
zoom webinar subscription
Zoom Rooms License
Dawn Grammarly
Tonya Grammarly
Dawn Canva Pro
AI-Pro subscription
Dawn AnyDesk

Treas
Treas
Treas
Treas
Treas

Town Manager

As of 4/15/2026Page 10 of 61

Fiscal Year 2024/2025
Account

Description

10-43-510

Insurance/surety bonds

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

Request

Who

Explanation

5,220

4,379

6,773

5,220
120
1,499
3,584
17

Treas
Treas
Treas
Treas
Treas
Treas
Treas

Treasurer's Bond #68766025 (split w/51)
Position schedule bond - Mayor/TM/Council Member #7005
Blanket & Individual Notary and E & O bonds
Auto Insurance (split)
Liability Insurance (split)
Equipment Insurance (split)

10-43-520

Bank chgs

23,000

17,546

19,700

23,000

Treas

ACH/Merchant/Direct Deposit Fees

10-43-610

Misc supplies

2,000

1,351

1,500

2,000
1,000
1,000

Treas
Clerk

Springdale branded items

Treas

Vaccinations/Drug Testing/Misc.

Treas

Canon DX-C39351 for Upstairs (split w/1078)
Vehicle Purchasing:
vehicle account payment: Admin Department

500

368

500

500
500

6,819

-

2,933

6,819
3,886
2,933

FY26-27 Budget
Previous Year
Difference
Percentage Change

894,549
943,917
(49,368)
-5%

751,287

943,917

GF Rev
GF Exp

6,338,802
6,338,595
207

10-43-620

Misc Services

10-43-740

Capital Outlay-Equipment

Administration10-43

Town Manager

As of 4/15/2026Page 11 of 61

Fiscal Year 2024/2025

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

Account
10-50-230

Description
CARES Act Expenses

10-50-270

Utilities

2,000

965

2,000

2,000
900
50
1,050

Blue Sky Power (245 blocks as of 2024)
Solar energy montoring
Utah Renewable Communities (Utah 100)

10-50-310

Professional/Technical Services

7,920

7,928

7,760

7,920
5,920 Treas
2,000 Treas

Audit (see split)
Employers Council (see split)

10-50-350

City Celebrations

70,300

36,281

68,850

70,300
27,000 Treas
2000
2000
10000
200
100
25000
1200
500
800
500
1000

Butch Cassidy 10K Race
Light Parade/Sweets Social
Wreaths Across America
New Year's Eve
Community Bike Ride
9/11 Day of Service
Zion Chalk and Earth Fest
Town Birthday Party
Arbor Day
Senior Birthday Party
Night Sky Events
Miscellaneous Celebrations

10-50-490

Computer Supplies

28,311

26,768

30,260

28,311
110
1,000
2,700
1,725
1,671
4,000
5,500
10,405
1,200

Infowest Web hosting split
Misc. Supplies
Mountain West Computer Service contract (split)
Slack subscription (see split)
PaperTrl Subscription (split w/51, 52, 55)
Google/gmail/g-suite email account (split)
Civic Review
Civic Plus website hosting & support (split)
Sunrise Engineering CloudSmart/ArcGIS software/progra

-

Request Who
- Treas

10-50-620

Misc Services

-

-

-

10-50-625

Bad Debt

-

-

-

10-50-630

Underground Power

-

-

-

10-50-631

Zions Credit Line Payment

-

-

-

10-50-635

Debt Service Principal

-

-

-

Non-Departmental10-50

Treas
Treas
Treas
Treas
Treas

Town Manager

Explanation
Expenses reimbursed by CARES Act Funding

As of 4/15/2026Page 12 of 61

Fiscal Year 2024/2025

Final Budget

10-50-636

Debt Service Interest

-

-

-

10-50-650

Grant Expense

-

-

-

10-50-780

Capital Outlay - Property Acquisition

-

-

10-50-990

Appropriated Increase Fund Balance

-

15,647

-

FY26-27 Budget
Previous Year
Difference
Percentage Change

108,531
124,517
(15,986)
-13%

GF Rev
GF Exp

6,338,802
6,338,595
207

Non-Departmental10-50

71,942

Town Manager

RAP Tax Allocation (held until projects identified)
fund balancing

124,517

As of 4/15/2026Page 13 of 61

Fiscal Year 2024/2025

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

2,964

2,312

2,652

Request Who
2,964 Treas

Payroll Tax Expense

298

181

267

298 Treas

10-51-130

Employee Benefits

20

-

18

20 Treas

10-51-175

Rent

-

-

10-51-250

Equipment: Supplies/Maint

1,000

-

1,000

1,000
500
500

10-51-260

Bldgs & Grounds/supplies/maint

10,314

9,382

10,614

10,314
4,000
1,800
167
47
2,000
300

Account
10-51-110

Description
Salaries/Wages

10-51-120

Professional/Technical Services

10-51-480

Special Dept Supplies

10-51-510

Insurance

10-51-720

Capital Outlay - Buildings

10-51-730

Capital Outlay - Improvements

10-51-830

Lease payment to SMBA

336,360

7,530

FY26-27 Budget
Previous Year
Difference
Percentage Change

Government Buildings10-51

56,138

8,180

336,055

336,360
700
500
300
500
360
334,000

-

-

7,238

Phone system maintenance
Locksmith services/maintenance

Treas
Treas

TH Supplies
Medical Clinic electric service
Fire Extingusher inspections
Annual Fire Marshall Inspection (TH, CCC, WTP, Shops)
Town Hall Maint. (lights, repairs, etc.)
Town Hall lobby seasonal décor

Treas
Treas

Generator Maintenance
Treas
Treas
Treas
Treas
Treas
grant

7,530
3,877 Treas
3,584 Treas
69 Treas

-

-

-

-

-

-

-

177,880

-

177,940

177,880

536,366
535,784
582
0%

76,194

535,784

Explanation

TM
Treas

2,000
10-51-310

Town Manager

Alarm monitoring Town Hall/Fire alarm inspection
Pest control
Alarm Troubleshooting
Heating/Air conditioning maintenance
Medical clinic pest control
Medical clinic architecture/design (GOEO grant)

Property Insurance (split)
Liability Insurance (split)
Equipment Insurance (split)

Emergency Management Supplies
fund balance Lease Payment to SMBA

As of 4/15/2026Page 14 of 61

Fiscal Year 2024/2025

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

103,480

89,134

100,622

Request
103,480

Who
Treas

Payroll Tax Expense

10,759

7,272

10,420

10,759

Treas

10-60-130

Employee Benefits

44,404

41,826

43,738

44,404

Treas

10-60-150

Contract Labor

-

-

-

10-60-210

Books & Subscriptions

-

-

-

10-60-220

Public Notices

-

-

-

10-60-230

Travel

500

-

500

500

10-60-235

Vehicle Repair/Maintenance

9,000

4,955

9,000

9,000
3,000
2,000
4,000

10-60-236

Fuel

12,000

9,127

12,000

12,000

10-60-237

Dump Truck Rental Expense

-

-

-

10-60-240

Office Supplies/Expense

150

111

150

150

10-60-250

Equip: Supplies/Maint

4,000

9,263

11,000

4,000
4,000

Account
10-60-110

Description
Salaries & Wages

10-60-120

10-60-255

Shop Equipment and Supplies

5,200

2,717

7,025

5,200
3,000
700
1,500
-

10-60-260

Streets Maintenance

91,250

21,531

35,750

91,250
1,000
7,000
1,500
500
10,000
2,000
2,000
1,000
250
40,000
20,000
6,000

Streets Department10-60

Town Manager

Explanation

Prison work crew 4 days @ 300/day

Misc Repair/Maintenance
Tires
Sweeper maintenance
Treas

Fuel

Treas
Various tools and supplies
Equipment rental
PW shop maintenance (bulk items, fuel, trailer maintenance
PW shop tools
Safety supplies and signs (split 4 - streets, irigation, water,
Vehicle maintenance
Welding tools/supplies
road patching (hot mix/cold mix)
Road base, A-Core cutting services, asphalt repair,
project overruns
Other misc signs and poles
Sidewalk grinding (trip and fall fixes)
Sidewalk replacement (damaged, heaving, trip and fall)
Road stiping paint/supplies
weed maintenance/PPE
water filling station maintenance
Tiley Road Maintenance Agreement
Seal coat Moenave
Paved trail mainteneance (Hyatt Hotel)
Message board panels (6)

As of 4/15/2026Page 15 of 61

Fiscal Year 2024/2025

Final Budget

Account

Description

26-27 Budget

25-26 Actual

25-26 Budget

Request

10-60-265

Uniforms

2,180

1,089

2,180

2,180
2,000
180

10-60-270

Utilities

11,700

10,044

11,700

11,700
175
11,525

Treas
Treas

10-60-280

Telephone

1,500

914

1,500

1,500

Treas

10-60-310

Professional/Technical Services

38,400

1,765

23,700

38,400
500
700
10,000
10,000

Treas

10-60-330

Education/Training

10-60-340

Dues & Memberships

10-60-480

Special Dept Supplies

10-60-490

Computer Supplies

10-60-510

Insurance/Surety Bonds

10-60-610

Explanation
Quartermaster Uniform - PW
PPE/safety equipment
Power at shop
School crossing lights, street lights, shuttle/pedestrian lights

15,000
2,200

misc services
Shop pest control services
stormwater cleaning
Tree removal MeMe's
Development Standards update
Tree ROW survey
Drainage Study slide hill
FEMA drone flights

2,000
2,000

CEUs/Training

815

2,000

-

-

1,470

605

1,470

1,470
600
370
500

840

1,004

1,320

6,221

5,921

Misc Supplies

250

50

10-60-620

Misc Services

500

10-60-740

Capital Outlay - Equipment

65,750

Streets Department10-60

2,000

Who

Town Manager

Treas
Treas

Wellness/Staff Meeting/ERP/Retreat Split
Staff Christmas Party Split
Event banners (event specific)

840
420
420

Treas
Treas
Treas

Robert Desktop (L27-07/2022)
Robert Thinkpad (L33-10/2024)
Koby Thinkpad (L32-07/2024)

6,221

6,221
3,480
1,817
852
72

Treas
Treas
Treas
Treas

Liability Insurance (split)
Auto Insurance (split)
Property Insurance (split)
Equipment Insurance (split)

250

250

Treas

-

500

500

Treas

-

5,750

65,750

Vaccinations/Misc

fund balanvehicle purchasing: New Employee Vehicle
fund balanvehicle purchasing: new vehicle equipment
5,750
vehicle account payment: Streets Dept
60,000
Koby New Vehicle

As of 4/15/2026Page 16 of 61

Fiscal Year 2024/2025

Final Budget
26-27 Budget

25-26 Actual

25-26 Budget

Account

Description

10-60-750

Capital Outlay - Shop Equip

-

-

-

-

10-60-780

Capital Outlay - Streets Projects

-

-

-

-

10-60-790

Capital Outlay - Other

-

-

-

6081 Capital Lease Principal

-

-

6082 Capital Lease Interest

-