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HomeMy WebLinkAbout2012-227A h14 #A1A Document A101 TM - 2007 as/,1 • aa? 7 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 4 day of January in the year 2013 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original Indian River County Board of County Commissioners AIA standard form. An Additions and 1800 27th Street Deletions Report that notes added Vero Beach, FL 32960 information as well as revisions to Telephone Number: 772-226- 1416 the standard form text is available Fax Number: 772470-5140 from the author and should be reviewed. A vertical line in the left and the Contractor: margin of this document indicates (Name, legal status, address and other information) where the author has added necessary information and where Proctor Construction Company the author has added to or deleted 2050 US Hwy 1 , Suite 200 from the original AIA text. Vero Beach, Fl 32960 This document has important legal Telephone Number: 772-2348164 consequences. Consultation with an Fax Number : 772-234-8188 attorney is encouraged with respect to its completion or modification. for the following Project: AIA Document A201 Tm-2007, (Name, location and detailed description) General Conditions of the Contract for Construction , is adopted in this Indian River County Sheriffs Office Crime Scene Facility document by reference. Do not use 3885 41st Street I with other general conditions unless Vero Beach, FL 32960 this document is modified. Renovation of an approximately 12,000 sq. ft. existing metal building shell and the demolition of a 2500 sq. ft existing metal building addition along with the associated site- work and landscaping. The Architect: (Name, legal status, address and other information) Donadio and Associates, Architects PA 609 l7th Street Vero Beach, FL 32960 Telephone Number: 772494-2929 Fax Number: 772m%2-8600 The Owner and Contractor agree as follows. Init. AIA Document A101 T" - 2007. Copyright © 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1967, 1974, 1977, 1987t 1991 v 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This document was produced by AIA software at 11 :27: 11 on 12/21/2012 under Order No. 4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (1381196135) 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 10 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 the date of this Agreement unless a different date is stated below or provision is-made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differsfrom the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner ' s time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. I § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Two hundred ten ( 210 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated Mth the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Inst. AIA Document A101 TM - 007. Copyright (D 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1967, 1974, 1977, 1987, 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document Is protected by U.S. Copyright law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 11 :27: 11 on 12121 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. ( 1381196135) User Notes: Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) 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 Two Hundred Ninety Nine Thousand Three Hundred Seventeen Dollars ($ 1 ,299,317 ),, subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the, amount for each and the date when that amount expires) ADD Alternate # 1 : Concrete Pavement in Lieu of Asphalt. Value: Five Thousand and Ninety Two Dollars ($5 ,092 .00) Alternate # 1 : Expiration Date: January 30`h 2013 § 4.3 Unit prices, if any: (Idents and state the unit price; state quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price Per Unit ($0.00) § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1 .1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5. 1 .2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or follows: § 5.1 .3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Contractor in accordance with Local Government Prompt Payment Act F. S . 218 . 70 et. seq (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 Init. AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 196301967, 1974, 1977, 1987, 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved, WARNING : This AIA! Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA! Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :27: 11 on 12/21/2012 under Order No.4386727979_1 which expires on 0210512013, and is not for resale. User Notes: (1381196135) by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor' s Applications for 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 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows : . 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7. 3. 9 of AIA Document A201WL2007 , General Conditions of the Contract for Construction; .2 Add 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), less retainage as set forth in F. S 218 .735 (8) .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9. 5 of AIA Document A201-2007. § 5. 1 .7 The progress payment amount determined in accordance with Section 5 . 1 . 6 shall be further modified under the following circumstances: . 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9. 8. 5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9. 10.3 of AIA Document A201-2007. § 5.1 .8 Reduction or limitation of retainage, if any, shall be in accordance with F. S. 218.735(8) (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5. 1. 6. 1 and 5. 1 . 6. 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 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 Section 12.2.2 of AIA Document A201-2007, 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. . 3 A final release of liens have been approved by Owner for all subcontractors, materialmen and suppliers. § 5.2.2 The Owner' s final payment to the Contractor shall be made; in accordance with the Local Government Prompt Payment Act F. S. 218. 70 et. seq. Inst. AIA Document A701 TM - 20117. Copyright m 1915, 1918, &1925, 1937, 1951 , 1958, 1961 , 1963, 1967, 1974, 1977, 1987, 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA! Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 11 :27: 11 on 12/21/2012 under Order No.4386727979_1 which e)pires on 02/05/2013, and is not for resale. User Notes: (1381196135) . ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15 . 2 of AIA Document A2012007, unless the parties appoint below another individual, not a party to this Agreement, to serve as 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 Section 15. 3 of AIA Document A2012007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, 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) [ ] Arbitration pursuant to Section 15 .4 of AIA Document A2012007 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) 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 A20IL2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2012007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8. 1 Where reference is made in this Agreement to a provision of AIA Document A2012007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. I § 8.2 Payments due and unpaid under the Contract shall bear interest in accordance with the Local Government Prompt Payment Act F. S 218.70 et seq. (Insert rate of interest agreed upon, if any.) % § 8.3 The Owner's representative: (Name, address and other information) Lynn Williams-Facilities Manager 1800 27th Street Vero Beach, FL 32960 . Init. AIA Document Al 01T" - 2007. Copyright © 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1967, 1974, 1977, 1987, 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA! Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA! Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 11 :27: 11 . on 12/21/2012 under Order No.4386727979-1 which expires on 02/05/2013, and is not for resets. User Notes: (1381196135) § 8.4 The Contractor ' s representative: (Name, address and other information) Donald L. Tolliver 2050 US Hwy 1 , Suite 200 Vero Beach, FL 32960 Telephone Number: 772-234-8164 Fax Number: 772-2348188 § 8.5 Neither the Owner' s nor the Contractor ' s representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: r ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1 .1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. §: 9.1 .2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1 .3 The Supplementary and other Conditions of the Contract: Document Title Date Pages I Supplementary General See Specification 11 /02/ 12 modified by 16 Conditions Section 00800 Addendum on 11 / 16/ 12 § 9.1 .4 The Specifications. (Either list the Specifications here or refer to an exhibit attached to this Agreement.) See attached Exhibit "C" List of Drawings and Specification Section Title Date Pages § 9.1 .5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) . See attached Exhibit "C" List of Drawings and Specification Number Title Date § 9. 1 .6 The Addenda, if any: Number Date Pages Addendum # 1 November 15, 2012 41 Addendum # 2 November 26, 2012 4 Addendum # 3 November 27, 2012 7 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. Inst. AIA Document A101 '"' - 2007. Copyright © 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1967, 1974, 1977, 1987, 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :27: 11 on 12/21/2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (1381196135) § 9. 1 .7 Additional documents, if any, forming part of the Contract Documents: . 1 AIA Document E2017m-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: . 2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A2014007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor 's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Exhibit "B" Proctor Construction Company W-9 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 of AIA Document A2014007.) . Type of insurance or bond Limit of liability or bond amount ($0.00) I Exhibit "A" Insurance Certificate General Liability/Workers Compensation/Auto Exhibit "D" Construction Bond 100 % Construction Payment and Performance Bond This Agreement entered into as of the day and year first written above. f ogp�upeppppnppbai„ f � a R ( ' ature) r,.•�v • ' ONF�CON igna ure Jo E . Flescher +�`�� Chairman too;o . '•.> &ald L. Tolliver , President (Printed name and title) ted name and title) s p' s ° APPROVED AS TO FOR`Ppq�R : . ,OUF;•a° AND E AL SUFF a ER 0 abb Upllp Milli WILLIAMK: DEBRAAL DEPUTY COUNTY ATTORNEY Inst. AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1967, 1974, 1977, 1987, 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :27: 11 on 12/21/2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes : (1381196135) Certification of Document's Authenticity AIA® Document D40I TM - 2003 I, Donald L. Tolliver, President, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11 :27 : 11 on 12/21/2012 under Order No. 4386727979_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101TM — 2007 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) . (Title) /z /, 2 (Dated) r AIA Document D401 TM - 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :27: 11 on 12/21 /2012 under Order No.4386727979_7 which expires on 02/05/2013, and is not for resale. User Notes: ( 1381196135) i-� Exhibit A - Insurance Certificate PR0CT-2 OP ID: RP ,4coR� ` CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) �-� o1 /15/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement (s). CNT CT PRODUCER 954-776-2222 NAME: Brown & Brown of Florida, Inc. 954-776 446 PHONE ac No 1201 W Cypress Creek Rd # 130 P.O. Box 5727 MAILS FL Lauderdale, FL 333104727 ADDRESS: Ken E Willits, CPCU, CFP, CRIS INSURERS AFFORDING COVERAGE NAIC s INSURERA : Amer(sure Insurance Co. 19488 INSURED Proctor Construction Company INSURER 8 : North River Insurance Co. 21105 2050 Highway US 1 ; Suite 200 INSURER C : Chartis Specialty Ins . Co. 26883 Vero Beach , FL 32960 INSURER 0 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLICY NUMBER MMIDD� MPOLICY LIMITS R GENERAL LIABILITY EACH OCCURRENCE t 11000,00 A X COMMERCIAL GENERAL LIABILITY X GL20346110701 01 /14/13 01/14/14 PREMISES Ea o AMAGE TO T rice i 300100 X CLAIMS•MADE 0 OCCUR MED EXP (Any one person) E 10900 PERSONAL & ADV INJURY $ 11000900 GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS = COMP/OP AGG S 21000,00 17 POLICY X PRO 7 LOC _ AUTOMOBILE LIABILITYO eBBIINEDt SINGLE MIT 11000100 AX ANY AUTO CA20346090701 01/14/13 01/14/14 BODILY INJURY (Pet person) S AUTOS NEO SSC�HEEDULED BODILY INJURY (Per accident) S AOS I X HIRED AUTOS X NON-OWNED P DAMA E S AUTOS Pera dent E X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000.00 B EXCESS UAB CLAIMS•MADE 6811012738 01/14/13 01/14/14 AGGREGATE $ 20,000000 DED X RETENTION $ 0 t WORKERS COMPENSATION X WC STATU-LIM 0TH AND EMPLOYERS' LIABILITY TOR FR A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N / A C203730507 06/25/12 06/25/13 E.L. EACH ACCIDENT 0 11000,00 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 11000100 ifea, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 11000100 C Pollution CPLI067283 01 /28/13 01128/15 Each Loss 2,000900 Liability Aggregate 2,000100 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Project: IRC Sheriffs Office Crime Scene Facility. Indian River County is additional insured as respect general liability as required by written contract. A 30 days notice of cancellation except for 10 days notice of cancellation for non-payment. CERTIFICATE HOLDER CANCELLATION INDIANR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, Indian River County ACCORDANCE WITH THE POLICY PROVISIONS.E WILL BE DELIVERED IN Administration Bldg B 1801 27th Street AUTHORIZED REPRESENTATIVE Vero Beach , FL 32960 �4 4 /a4 01988-2010 ACORD CORPORATION . All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD r - 1120130003569 RECORDED IN THE PLBLIC RECORDS OF JEFFREY R SMITH. CLERK OF COL RT INDLkN RIVER COLNTY FL BI:: 2636 PG : 1070 Page 1 of Public Work 1 14 2013 3 :03 PM F.S. Chapter 255.05 (l )(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 105825147 CONTRACTOR NAME: PROCTOR CONSTRUCTION COMPANY CONTRACTOR ADDRESS : 1401 HIGHWAY A- 1 -A, SUITE 301 VERO BEACH , FL 32963 CONTRACTOR PHONE NO: (772) 2344164 SURETY COMPANY NAME: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA SURETY PRINCIPAL 2420 LAKEMOUNT AVENUE, 4TH FLOOR, BUSINESS ADDRESS: ORLANDO, FL 32814 SURETY PHONE NO: (407) 388-3265 OWNER NAME : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OWNER ADDRESS: 1800 27TH STREET VERO BEACH, FL 32960 OWNER PHONE NO: (772) 226- 1416 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: 19299 ,317 .00 CONTRACT NO: (If applicable) DESCRIPTION OF WORK: INDIAN RIVER COUNTY SHERIFF'S CRIME SCENE FACILITY. RENOVATION OF EXISTING WAREHOUSE AND INTERIOR CONSTRUCTION OF A CRIME PROJECT LOCATION: SCENE OFFICE . BID NO. 2013011 LEGAL DESCRIPTION : (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. IRC Sheriffs Crime Scene Building 00600-2 DAA Project No: 2011 .34 Bid Set - 11 /02/12 PUBLIC CONSTRUCTION BOND Bond No . 105825147 (enter bond number,) TRAVELERS CASUALTY AND BY THIS BOND, We PROCTOR CONSTRUCTION COMPANY , as Principal and SURETY COMPANY OF OMERICA INDIAN RIVER COUT'71' BOARD OF COUNTYa corporation' as Surety' are bound t0 COMMISSIONERS herein called Owner, In the sum of $ 1 ,299,317 .00 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal . 1 . Performs the contract dated bc I 2[AD , between Principal and Owner for construction of _ INDIAN RIVER COUNTY SHERIFF'S CRIME SCENE FACILITY. , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2 . Promptly makes payments to all claimants, as defined in Section 25 5 .05( l ), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3 . Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 .05 (2) , Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. PROCTOR CONSTRUCTION COMPANY DATED ON JANUARY 3 , 2013 , ame of Principal) ,`� By 14 � JOHN W. CHARLTON Attorne in Fact) Iqow' TRAVELERS CASUA Y AND SURETY COMPANY'QE AMEPL1£Aff (Name of Surety) END OF SECTION 00600 IRC Sheriffs Crime Scene Building 00600-3 DAA Project No: 2011 .34 Bid Set - 11 /02/12 F IF WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 216588 Certificate No. O 0 5 O 0 3 9 7 J KNOW ALL MEN BY THESE PRESENTS : That St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota. that Farmington Casualty Company. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters , Inc . , is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the '•Companies"), and that the Companies do hereby make , constitute and appoint D . W. Matson III, and John W . Charlton of the City of Coral Gables State of Florida their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 16th day of August 2012 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company IF .0IF IF `/ %usu Jr Ap° ♦L y r G�BU ; • J F q4 ��'......SG9 JP�........,9q� OJT NR�PA C' . . Oi' .y ♦ . �4 �e 'OR PvRAjf�� ' PORq� ` • "b t, APORA1tp alt i�n+ Wrc� t J 7 a t�9 e i o � 1977 CONK � ttArttraosq < "'� : s � � r gyp[ 1951 �; sEALio' IDS 1."�i : Ec°� �v`•.......•as'! ted•', . :.�a° . •r� �� A°• � dp' .. Y .� A - - AANC IS . AN� •fp" " t•.r ,,t AtN { Al IF State of•Connkicki ` By: City of Hartford ss. Georg Thompson, nior ice President On this the 16th day of August 2012 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc. , St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ID- G•of A A . In Witness Whereof, I hereunto set my hand and official seal . 4=0 My Commission expires the 30th day of June• 2016. p i Marie C. Tetreault, Notary Public 58440-6- 11 Printed in U . S .A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc. , St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer; any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company 's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power . prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or AttorneysAn-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of JANUARY 20 13 ri✓j C . Kevin E. Hughes, Assistant Sec tary v . ? pASU���,` ' � µR66y' QOM*d'� MfGN J►'+• INSYgq� �lY AAPO J6' n "^,'.wNfl/ i � �RP—RA)(•''s YQI`C�p►NN41�:�1^ Vp ', � . peeew,� NAPDRD� CO • t � a o, �` SEAL,Io" ��,SSRL :ID r CCNN. ►y . �N �'V `x�NGE 1S . AN'� 1p•.._.. �� �f '�a � � �t� . To verify the authenticity of this Power of Attorney, call 1 -800421 -3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Exhibit B - Proctor W- 9 Form in M Request for Taxpayer Give Form to the (Rev. Janua►y2011) IdentificationNumber and Certification requester, Do not Department of the Treasury send to the IRS. Intemal Revenue Service Name (as shown on your Income tax return) PROCTOR CONSTRUCTION COMPANY Business nameldisregarded entity name, If different from above d a Check appropriate box for federal tax 0 � classification (required): ❑ IndlviduaUsoie proprietor ❑ C Corporation d S Corporation ❑ Partnership ❑ Ti'ust/estaie Le ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) low ❑ Exempt payee o -------------------------------- p�, ❑ Other (see Instructions) � v 1E Address (number, street, and apt. or suite no.) Requester's name and address (optional) K 2050 US HIGHWAY 1r SUITE 200 City, state, and ZIP code VERO BEACHr FL 312960 List account number(s) here (optional) • Taxpayer identification Number IN Enter your TIN In the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For Individuals, this Is your social security number However, fora ^ t I m( ^ resident alien, sole proprietor, or disregarded entity, see the part i Instructions onn page 3. For other entitles, It is your employer Identification number (EIN) . If you do not have a number, see How to get a I ] TIN on page 3. Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose Employer Identlfloatlon number number to enter. [ r)lfl • Certification Under penalties of perjury, I certify that: 1 . The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because, (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that .l am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that i am no longer subject to backup withholding , and 3. I am a U.S, citizen or other U.S , person (defined below) . Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply, For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the Instructions on page 4. Sign Signature of / 1 Here U.S. person ` X - C��12 Date > 2A 2L� . General Instructions Note. If a requester'glves you a form other than Form W-9 to request Section references are to the Internal Revenue Code unless otherwise Your TIN, you must use the requester's farm If it is substantially similar to this Form W-9 . noted, Definition of a U.S, person. For federal tax purposes, you are Purpose of Form considered a U.S, person if you are, A person who is required to file an information return with the IRS must o An Individual who Is a U.S, citizen or U.S. resident alien, obtain your correct taxpayer Identification number (TIN) to report, for 6 A partnership, corporation, company, or association created or example, Income paid to you, real estate transactions, mortgage Interest organized In the United States or under the laws of the United States, you paid, acquisition or abandonment of secured property, cancellation a An estate (other than a foreign estate), or of debt, or contributions you made to an IRA. o A domestic trust (as defined In Regulations section 301 .7701 -7). Use Form W-9 only If you are a U.S. person (Including a resident Special rules for partnerships. Partnerships that conduct a trade or alien), to provide your correct TIN to the person requesting it (the business In the United States are generally required to pay a withholding requester) and , when applicable, to, tax on any foreign partners' share of Income from such business. 1 . Certify that the TIN you are giving Is correct (or you are waiting for a Further, In certain oases where a Form W-9 has not been received, a number to be Issued), partnership is required to presume that a partner Is a foreign person, 2. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore, If you are a U.S. person that Is a 3. Claim exemption from backup withholding If you are a U.S, exempt partner In a partnership conducting a trade or business In the United payee. If applicable, you are also certifying that as a U,S. person, your States, provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership Income from a U .S. trade or business status and avoid withholding on your share of partnership Income. Is not subject to the withholding tax on foreign partners' share of effectively connected Income. Oat. No. 10281X Form W-9 (Rev, 1 "2011) i Exhibit " C " - List of Drawings and Specifications Current Drawing List Summary Log , Grouped by Type and Discipline Indian River Crime Scene Investigation Facility Project # IRC=CSI0112013 Proctor Construction Co. 3885 41st Street Tel : 772.234.8164 Fax: 772.234.8188 Vero Beach, Florida 32960 Number Rev Title Rev D . Category 3tgrChlteetlaral ARCHITECTUAL A0. 10 11 /2/12 Cover Sheet 11 /2/2012 0 Bid Set A0.20 11 /2/12 Drawing Index 11 /2/2012 0 Bid Set A1 . 10 11 /2/12 Life Safety Plan and Code 11 /2/2012 0 Bid Set Review A2. 10 11 /2/12 Existing / Demolition Plan 11 /2/2012 0 Bid Set A2. 11 11/2/12 Proposed Floor Plan 11 /2/2012 0 Bid Set A2. 12 1112/12 Dimension Plan 11 /2/2012 0 Bid Set A2.20 11 /2/12 Existing / Demolition Roof Plan 11 /2/2012 0 Bid Set A2.21 11 /2112 Proposed Roof Plan and Roof 11 /2/2012 0 Bid Set Drainage Calculations A2 .30 11 /2/12 Enlarged Plans 11 /2/2012 0 Bid Set A2.40 11 /2/12 Proposed Reflected Ceiling 11 /2/2012 0 Bid Set Plan A3. 10 11/2/12 E)asting / Demolition Exterior 11 /2/2012 0 Bid Set Elevations A3. 11 11 /2/12 Proposed Exterior Elevations 11 /2/2012 0 Bid Set A4. 10 11 /2112 Building Sections 11 /2/2012 0 Bid Set A4. 11 11 /2/12 Building Sections 11 /2/2012 0 Bid Set A4. 12 11 /2/12 Building Sections 11 /2/2012 0 Bid Set A4.20 11/2/12 Wall Sections 11/2/2012 0 Bid Set A4.21 11 /2/12 Wall Sections 11 /2/2012 0 Bid Set A4.22 11 /2/12 Wall Sections 11 /2/2012 0 Bid Set A5. 10 11/2/12 Toilet Fixtures & Accessory 11 /2/2012 0 Bid Set Prolog Manager Printed on: 12/20/2012 Prolog Main Office Page 1 Current Drawing List Summary Log , Grouped by Type and Discipline Number Rev Title Rev Date Bulletin % Complete Status Category General Notes Ref RFIs Legend, Details & Interior Elevations A5. 11 11 /2/12 Interior Elevations and Details 11 /2/2012 0 Bid Set A5.20 11/2/12 Interior Details 11 /2/2012 0 Bid Set A5.21 11 /2/12 Interior Details 11 /2/2012 0 Bid Set MAO 11/2/12 Room Finish Schedule and 11 /2/2012 0 Bid Set Door Schedule A6. 11 11 /2/12 Door Detail 11 /2/2012 0 Bid Set A6. 12 11/2/12 Door Detail 11 /2/2012 0 Bid Set Civil C1 11 /2/12 Construction Notes 11 /2/2012 0 Bid Set C2 11 /2/12 Stormwater Pollution 11 /2/2012 0 Bid Set Prevention Plan C3 11 /2/12 Site Plan 11/2/2012 0 Bid Set C4 11 /2/12 Demolition Plan 11 /2/2012 0 Bid Set C5 11 /2/12 Utilities and Grading Plan 11/2/2012 0 Bid Set C6 11 /2/12 Construction Details 11 /2/2012 0 Bid Set None 11 /2/12 Title Sheet 11 /2/2012 0 Bid Set ;Electricals Electrical E0. 1 11 /2/12 Electrical Notes, Legend & 11 /2/2012 0 Bid Set Index E1 . 1 11 /2/12 Site Photometric Plan 11 /2/2012 0 Bid Set El s2 11 /2/12 Site Power Plan 11 /2/2012 0 Bid Set E2A 11/2/12 Lighting Plan 11 /2/2012 0 Bid Set E3. 1 11 /2/12 Power Plan 11 /2/2012 0 Bid Set E4. 1 11 /2/12 Security Plan 11 /2/2012 0 Bid Set E4.2 11/2/12 Security Details 11 /2/2012 0 Bid Set E5. 1 11 /2/12 Electrical Riser Diagram 11 /2/2012 0 Bid Set Prolog Manager Printed on : 12/20/2012 Prolog Main Office Page 2 Current Drawing List Summary Log , Grouped by Type and Discipline Number Rev Title Rev Date Bulletin % Complete Status Category General Notes Ref RFIs Mechanical' IT Mechanical M0. 1 , 11 /2/12 Mechanical Notes, Legend & 11 /2/2012 0 Bid Set Index M2. 1 11 /2/12 Mechanical Flooring Plan 11 /2/2012 0 Bid Set M6. 1 11 /2/12 Mechanical Schedules 11 /2/2012 0 Bid Set Plumbin' T TT Plumbing FS-0. 1 11 /2/12 Fire Sprinkler Performance 11/2/2012 0 Bid Set Spec Notes, Legend & Index FS-2. 1 11 /2/12 Fire Sprinkler Performance 11 /2/2012 0 Bid Set Spec Plan P0. 1 11 /2/12 Plumbing Notes, Legends & 11 /2/2012 0 Bid Set Details P2. 1 11/2112 Sanitary Plan 11 /2/2012 0 Bid Set P3. 1 11 /2112 Domestic Water Plan 11 /2/2012 0 Bid Set P5. 1 11/2/12 Plumbing Isometrics 11 /2/2012 0 Bid Set Site Landscape LA00 10/30/12 Landscape Plan 10/30/2012 0 Bid Set LA01 10/30/12 Landscape Details and 10/30/2012 0 Bid Set Specifications . .ecrf aci tr no sr : . - r General 00020 11 /2/12 Advertisement For Bids 11 /2/2012 0 Bid Set 00100 11 /2/12 Instructions to Bidders 11 /2/2012 0 Bid Set Prolog Manager Printed on : 12/20/2012 Prolog Main Office Page 3 Current Drawing List Summary Log , Grouped by Type and Discipline Number Rev Title Rev Date Bulletin % Complete Status Category General Notes Ref RFIs 00300 11 /2/12 Bid Form &Trench Safety ACT 11 /2/2012 0 Bid Set Compliance Statement 00431 11 /2/12 Schedule of Subcontractors 11 /2/2012 0 Bid Set 00452 11 /2/12 Disclosure of Relationships 11 /2/2012 0 Bid Set 00456 11 /2/12 General Information Required 11 /2/2012 0 Bid Set of Bidders 00530 11 /2/12 Agreement between Owner and 11 /2/2012 0 Bid Set Contractor - AIA Document A101 -2007 00600 11 /2/12 Public'Construction Bond 11 /2/2012 0 Bid Set 00700 11 /2/12 Standard General Conditions of 11 /2/2012 0 Bid Set Construction Contract 00800 11 /2/12 Supplementary General 11 /2/2012 0 Bid Set Conditions and Forms 01100 11 /2/12 Summary 11 /2/2012 0 Bid Set 01250 11/2/12 Contract Modification 11 /2/2012 0 Bid Set Procedures 01290 11/2/12 Payment Procedures 11 /2/2012 0 Bid Set 01310 11 /2/12 Project Management and 11 /2/2012 0 Bid Set Coordination 01320 11 /2/12 Construction Progress 11 /2/2012 0 Bid Set Documentation 01330 11 /2/12 Submittal Procedures 11/2/2012 0 Bid Set 01500 11 /2/12 Temporary Facilities and 11 /2/2012 0 Bid Set Controls 01731 11 /2/12 Cutting and Patching 11 /2/2012 0 Bid Set 01732 11 /2/12 Selective Demolition 11 /2/2012 0 Bid Set 01770 11 /2/12 Closeout Procedures 11 /2/2012 0 Bid Set 01781 11 /2/12 Project Record Documents 11/2/2012 0 Bid Set 02361 11 /2/12 Termite Control 11 /2/2012 0 Bid Set 02821 11 /2/12 Chain-Link Fences and Manual 11 /2/2012 0 Bid Set Operated Gates 02822 11 /2/12 High-Security Chain-Link 11 /2/2012 0 Bid Set Fences and Motor Operated Gates 03300 11 /2/12 Cast-In-Place Concrete 11 /2/2012 0 Bid Set Prolog Manager Printed on : 12/20/2012 Prolog Main Office Page 4 i Current Drawing List Summary Log , Grouped by Type and Discipline Number Rev Title Rev Date Bulletin % Complete Status Category General Notes Ref RFIs 04200 11 /2/12 Unit Masonry Assemblies 11 /2/2012 0 Bid Set 05400 11 /2/12 Cold Form Metal Framing 11 /2/2012 0 Bid Set 05500 11 /2/12 Metal Fabrications 11 /2/2012 0 Bid Set 06100 11 /2/12 Rough Carpentry 11 /2/2012 0 Bid Set 06402 11 /2/12 Architectural Woodwork 11 /2/2012 0 Bid Set 07210 .11 /2/12 Building Insulation 11/2/2012 0 Bid Set 07841 11 /2/12 Through-Penetration Firestop 11 /2/2012 0 Bid Set Systems 07920 11 /2/12 Joint Sealants 11 /2/2012 0 Bid Set 08111 11 /2/12 Standard Steel Doors and 11 /2/2012 0 Bid Set Frames 08112 11/2/12 Security and Bullet-Resistant 11 /2/2012 0 Bid Set Glazing and Accessories 08211 11 /2/12 Flush Wood Doors 11 /2/2012 0 Bid Set 08320 11 /2/12 Security Doors and Frames 11 /2/2012 0 Bid Set 08330 11/2/12 Overhead Coiling Doors 11 /2/2012 0 Bid Set 08710 11 /2/12 Finish Hardware 11 /2/2012 0 Bid Set 08800 11 /2/12 Glazing 11 /2/2012 0 Bid Set 09250 11 /2/12 Gypsum Board 11 /2/2012 0 Bid Set 09290 11 /2/12 Security Mesh 11 /2/2012 0 Bid Set 09310 11 /2/12 Ceramic Tile 11 /2/2012 0 Bid Set 09511 11/2/12 Acoustical Panel Ceilings 11 /2/2012 0 Bid Set 09671 11/2/12 Resinous Flooring 11 /2/2012 0 Bid Set 09681 11 /2/12 CarpetTile-Modular 11 /2/2012 0 Bid Set 09911 11/2/12 Exterior Painting 11 /2/2012 0 Bid Set 09912 11 /2/12 Interior Painting 11 /2/2012 0 Bid Set 10101 11 /2/12 Visual Display Surfaces 11 /2/2012 0 Bid Set 10440 11 /2/12 Identifying Devices 11 /2/2012 0 Bid Set 10500 11 /2/12 Metal Lockers 11 /2/2012 0 Bid Set 10520 11 /2/12 Fire-Protection Specialties 11 /2/2012 0 Bid Set 10801 11 /2/12 Toilet and Bath Accessories 11 /2/2012 0 Bid Set 11132 11 /2/12 Projection Screens 11 /2/2012 0 Bid Set 13471 11 /2/12 Bullet Resistant Fiberglass 11 /2/2012 0 Bid Set Prolog Manager Printed on: 12/20/2012 Prolog Main Office Page 5 i Current Drawing List Summary Log , Grouped by Type and Discipline Number Rev Title Rev Date Bulletin % Complete Status Category General Notes Ref RFIs Panels 13702 11 /2/12 Video Security 11 /2/2012 0 Bid Set Communications 13730 11 /2/12 Access Control 11 /2/2012 0 Bid Set 13760 11 /2/12 Video Surveillance 11 /2/2012 0 Bid Set 15052 11 /2/12 Common Work Results for 11 /2/2012 0 Bid Set Plumbing 15053 11 /2/12 Common Work Results for 11/2/2012 0 Bid Set HVAC 15061 11 /2/12 Hangers and Supports for 11/2/2012 0 Bid Set Plumbing Piping and Equipment 15062 11 /2/12 Hangers and Supports for 11 /2/2012 0 Bid Set HVAC Piping and Equipment 15076 11 /2/12 Identification for Plumbing 11 /2/2012 0 Bid Set Piping and Equipment 15077 11/2/12 Identification for HVAC Piping 11 /2/2012 0 Bid Set and Equipment 15082 11 /2/12 Plumbing Insulation 11 /2/2012 0 Bid Set 15083 11 /2/12 HVAC Insulation 11 /2/2012 0 Bid Set 15140 11 /2/12 Domestic Water Piping 11 /2/2012 0 Bid Set 15145 11/2/12 Domestic Water Piping 11 /2/2012 0 Bid Set Specialties 15150 11 /2/12 Sanitary Waste and Vent Piping 11 /2/2012 0 Bid Set 15155 11/2112 Sanitary Waste Piping 11 /2/2012 0 Bid Set Specialities 15183 11 /2/12 Refrigerant Piping 11 /2/2012 0 Bid Set 15410 11 /2112 Plumbing Fixtures 11 /2/2012 0 Bid Set 15415 11 /2/12 Drinking Fountains and Water 11 /2/2012 0 Bid Set Coolers 15485 11 /2/12 Electric Water Heaters 11 /2/2012 0 Bid Set 15738 11 /2/12 Split System Air Conditioning 11 /2/2012 0, Bid Set Units 15815 11 /2/12 Metal Ducts 11/2/2012 0 Bid Set 15820 11 /2/12 Duct Accessories 11 /2/2012 0 Bid Set 15855 11 /2/12 Diffusers, Registers, and Grilles 11 /2/2012 0 Bid Set Prolog Manager Printed on: 12/20/2012 Prolog Main Office Page 6 i Current Drawing List Summary Log , Grouped by Type and Discipline Number Rev Title Rev Date Bulletin - - - - % Complete Status Category General Notes Ref RF [ s 15950 11 /2/12 Testing, Adjusting, and 11 /2/2012 0 Bid Set Balancing 16050 11 /2/12 Basic Electrical Materials and 11 /2/2012 0 Bid Set Methods 16060 11 /2/12 Grounding and Bonding 11 /2/2012 0 Bid Set 16120 11/2/12 Conductors and Cables 11 /2/2012 0 Bid Set 16130 11 /2/12 Raceways and Boxes 11 /2/2012 0 Bid Set 16140 11 /2/12 Wiring Devices 11 /2/2012 0 Bid Set 16231 11 /2/12 Packaged Engine Generators 11 /2/2012 0 Bid Set 16289 11 /2/12 Transient Voltage Suppession 11 /2/2012 0 Bid Set 16410 11 /2/12 Enclosed Switches and Circuit 11 /2/2012 0 Bid Set Breakers 16415 11 /2/12 Transfer Switches 11 /2/2012 0 Bid Set 16442 11 /2/12 Panelboards 11 /2/2012 0 Bid Set 16491 11/2/12 Fuses 11 /2/2012 0 Bid Set 16511 11/2/12 Interior Lighting 11 /2/2012 0 Bid Set 16521 11 /2/12 EXtedor Lighting 11 /2/2012 0 Bid Set 16670 11 /2/12 Lightning Protection 11/2/2012 0 Bid Set "40nuctural' Structural S-1 11 /2/12 Foundation Plan and Sections 11 /2/2012 0 Bid Set S-2 11 /2/12 Structural Elevations and 1. 1 /2/2012 0 Bid Set Details S-3 11 /2/12 Roof Framing Plan, Sections 11 /2/2012 0 Bid Set and Specifications Prolog Manager Printed on : 12/20/2012 Prolog Main Office Page 7 *.j6ATATM Document A201 - 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Indian River County Sheriff s Office Crime Scene Facility 3885 41st Street ADDITIONS AND DELETIONS : Vero Beach, FL 32960 The author of this document has added information needed for its THE OWNER: completion. The author may also ._66 Kill have revised the text of the original (Name, legal status and address) AIA standard form . An Additions and Indian River County Board of County Commissoners Deletions Report that notes added VVI 1:3 1 6. 11661800 27th Street information as well as revisions to Vero -&66h, FL 32960 'At k1lthe standard form text is available V%Fill from the author and should be Al r THE ARCHITECT: reviewed . A vertical line in the left (Name, legal status and address) margin of this document indicates 90 : Donadio and Associates, Architects PA where the author has added 609 17th Street necessary information and where Vero Beach, FL 32960 the author has added to or deleted from the original AIA text. TABLE OF ARTICLESlIr This document has important legal consequences. Consultation with an 1 GENERAL PROVISI ON$ attorney is encouraged with respect IT to its completion or modification. 2 OWNER 3 CONTRACTOR Ar 99 1 I 999r 4 ARCHITECT99 r 1ir 9r rr 99 rr 5 SUBCONTRACTORSrir 9. 99 99 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHArr NGES IN THE WORK 8jr TIME 9 999 9 99 9 PAYMENTS AND COMPLETION 99 M 10 PROTECTION OF PERSONS AND PROPERTY 9r rr r 9991. 11INSURANCE'AND BONDS _ r r12 UNCOVERING AND CORRECTION OF WORK .199 9 99 r 13MISCELLANEOUS PROVISIONS NE rl .. 14 TERMINATION OR SUSPENSION OF THE CONTRACT Cr r irr 15 CLAIMS AND DISPUTES AIA Document A201 T° - 2007. Copyright m 1911 , 1915, 1918, 1925, 1937, 19510 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. Al) rights reserved. WARNING : This AIA® Document is protected by U.S. copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the I maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) INDEX Architect' s Additional Services and Expenses (Topics and numbers in bold are section headings.) 2 .4. 1 , 11 . 3 . 1 . 1 , 12.2 . 15 13 . 5 .29 13 . 5 .39 14.2 .4 Architect' s Administration of the Contract 3 . 1 . 3 , 4.2, 3 . 7.4 , 15 .2, 9A,, I , 9. 5 , Acceptance of Nonconforming Work Architect' s Approvals lit 9.6. 6, x , 12.3 2 .4. 1 , 3 . 1 .3 , 3 .5 , 3 . 10 .2, 4.2. 7 Acceptance of Work Architect' s Authority to Reject Work 9 .6: 6, 9. 8 .29 9 .9 .3 , 9 . 10. 1„ 9. 10.35 12 . 3 3 . 5, 4.2. 69 12. 1 . 2, 12. 2. 1 Access to Work Architect' s Copyright 3. 16, 6.2. 19 12. 1 1 . 1 .7, 1 . 5 Accident Prevention Architect' s Decisions 1p 3 . 7.4, 4.2.694.2 . 7, 4 .2. 1194 .2. 12, 4.2 . 13 , 4 .2 . 14, 6 . 31 Acts and Omissions • 7. 3 . 71 7.3 .91 8 . 1 . 39 8 . 3 . 1 , 9 .29 9.4. 1 , 9. 5, 9 . 8.4, 9.9. 19 3 .2, 3 . 3 ,2, 3 , 12 8, 3 . 18, 4:2.3 , 8. 3 . 15 9. 5 . 1 , 10.2 .5, 13 . 5 .2, 15 .2, 15 . 3 10 .2. 8, 13 .4.2; 13 . 7,' 14. 1 , 15 .2 Architect' s Inspections Addenda 3 . 7.4, 4. 2 .23 4.2 . 9, 9.4.2, 9 . 8.3 , 9. 9.29 9. 10. 1 , 13 . 5 1 : 1 . 1 , 3 . 11 . 1 Architect' s Instructions Additional Costs, Claims for 3 .2.4, 3 .3 . 1 , 4 .2 . 61 4 .2.7, 13 . 5 .2 3 .7.4, 3 . 7. 5 , 61 . 1 , 7. 3 .7. 5, ,10. 3 , 15 14 Architect' s Interpretations Additional Inspections and Testing 4 .2. 11 , U., 12 9.4.2, 9. 8 .3 , 12.2 . 1 , 13. 5 Architect' s Project Representative lit I Additional Insured 4 .2. 10 191 14 Architect' s Relationship with Contractor Additional Time, Claims for 1 . 1 .2, 1 . 5 , 3 . 1 .39 3 .2 .29 3 .2 . 3 , 3 .2.4, 3 . 3 . 1 , 3 .4.2, 3 . 5, 3 .2.4, 3 .7.4, 37. 5, 3 . 10.2, 8 . 3 .2, 15. 1 .5 3 . 7.4, 3 . 7.5 , 3 .9.25 3 . 9. 3, 3 . 10, 3 . 119 3 . 129 3 . 169 3 . 185 Administration of the Cont 4. 1 .2, 4. 1 .3 , 4 .2, 5 .2, 6.2.2, 79 8 . 3 . 1 , 9.21 9. 3 , 9.4, 9. 5, 3 . 1 . 3 ; 4.2 , 9.4, 9. 5 9. 79 9. 89 9.9, 10.2.6, 10 .3 , 11 .3 . 7, 12, 13 .4. 2, 13 . 51 Advertisement or Invitation to Bid 15 .2 It Z L 1 . 1 Architect' s Relationship with Subcontractors Aesthetic Effect 1 . 1 .2, 4.2 .3 , 4.2 .4, 442.69 9 .6.39 9. 6.4, 11 . 3 .7 442013 Architect' s Representations Allowances 9 .4.21 9. 5 . 1 , 9 . 10 . 1 3.8, 7, 3 . 8 Architect' s Site Visits All-risk Insurance 3 . 7.4, 4.2 .29 4 .2 .9, 9 .4.29 9. 5 . 1 , 9.9.29 9. 10. 1 , 13 . 5 11 . 3 . 1; 113. 1 Asbestos Applications for P1 99 ayment 10. 3 . 1 4.2. 5 , 7.3 :9, 9;2, ,9.3, 9 4, 9.5 . 1 , 9. 6:3 , 9 .7 9. 10, Attorneys' Fees 11 . 1 . 3 ' 3 . 18. 19 9. 10.2, 10. 3 . 3 tr Approvals Award of Separate Contracts 2 , 1 , 1 , 2.2 .2 , 2,4, 3 . 1 . 3, 3 . 10.2; 3,, 12 . 8, 3 . 12 .9, 3 . 12 . 103 6 . 1 . 1 , 6. 1 .2 4 .2. 7, 9. 3 .2, 13 . 5 . 1 Award of Subcontracts and Other Contracts for Arbitration Portions of the Work 8 . 3 . 1 , 11 . 33 % : 43 . 1 .,1 , 15 . 3 .2 ; 15.4 5.2 ARCHITECT Basic Definitions 4 1 . 1 Architect, Definition 919 ' of Bidding Requirements 4. 1. 1 1 . 1 . 1 , 5 .2 . 1 , 11 .4 . 1 Architect, Extent of Authority Binding Dispute Resolution 2 .4. 1 , 3 . 12,7, 4. 1 4.2, 5 .2, 6. 3, 7. 1 . 2, 7. 3 . 7, 7.4, 9.2, 9. 7, 11 . 3 . 9, 11 . 3 . 10, 13 . 1 . 1 , 15 .2 . 5, 15 . 2.6. 1 , 15 . 3 . 1 , 9 . 3 . i , 9.4 , 9. 5 9. 6. 3 , 9. 8, 9. 10. 1 , 9. 10. 3 , 12. 1 , 12 .2. 1 , 15 . 3 .2, 15 .4. 1 13 . 5 . 1 ', 13 , 5 .2 14.2 .2 , 14.2.4, 15 . 1 . 3, 15 .2. 1 Boiler and Machinery Insurance Architect, Limitations of Authority and 11 .3.2 Responsibility Bonds, Lien 2 . 1 . 1 , 3 . 12.4, 3 . 12. 8, 3 . 12 . 10, 4. 1 .2, 4. 2 . 1 , 4 .2.2, 7. 3 . 7.4, 9 . 10 .2, 9. 10. 3 4 .2.39 4.2 .6, 4 .2. 7, 4 . 2. 10, 4 .2. 12, 4.2 . 139 5 .2 . 1 , 7.41 Bonds, Performance, and Payment 9 .4. 2, 9. 5 .3 , 9 .6 .4, 15 . 1 . 3 , 15 .2 7 . 3 . 7.4, 9 .6 .79 9 . 10 .3 , 11 .3 .9, 11 .4 Init. AIA Document A201 Tm - 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958t 1961 , 1963, 19660 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright law and International Treaties, Unauthorized 2 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes : (811102566) Building Permit Completion, Substantial 3 . 7. 1 1 4.2.9, 8 . 1 . 1 , 8 . 1 . 3, 8 .2. 39 9 .4. 2, 9. 8, 9 .9. 1 , 9. 10. 3 , Capitalization 12.2, 13 .7 ILL 13 Compliance with Laws Certificate of Substantial Completion 1 . 6. 19 3 .2.3 , 3 .6, 3 .75 3 . 12. 109 3 . 131,, 4. 1 . 1 , 9.6.49 9. 8.31 9. 8 .4, 9. 8 . 5 10 .2 .29 11 . 1 , 11 . 3 , 13 . 1 , 13 .4, 13 . 5 . 1 , 13 . 5 .2, 13 . 6, ILL Certificates for Payment 14 . 1 . 1 , 14.2. 1 .3 , 15 . 2 . 8, . 15.4.2, 15.4.3 ILL . I 4,2. 1 , 4.2 . 5 , 4.2 . 9, 9 .3 . 3, 9.4, 9. 5, 9.6 . 1 , 9 . 6. 6, 9. 7, Concealed or Unknown Conditions 9 . 10. 1 , 9. 10. 3 , 14. 1 . 1 .3 , 14.2 .4, 15. 1 . 3 3 .7.4, 4.2 .8 , 8 .3 . 1 , 10 .3 Certificates of Inspection, :Testing or Approval Conditions of the Contract '• 13 . 5.4 1 . 1 . 1 , 6. 1 . 1 , 6. 1 .4 ILL I Certificates of Insurance Consent, Written 9. 10.2, 11 . 1 , 3 3 .4.2, 3 . 7.4, 3 . 12 . 8 , 3 . 14 .2, 4 . 1 .2, 9.3 .2, 9. 8 . 5, 9. 9. 1 , Change Orders 9. 10.2, 9. 10. 3 , 11 .3 . 1 , 13 .25 13 .4. 29 15 .4.4.2 1 . 1 . 1 , 2.4. 1 , 344.2, 3 . 7,4, 3 . 8.2 3 , 3 . 11 . 1 , 3 . 12 . 8, 4.2. 8, Consolidation or Joinder 5 ,2. 3 , 7. 1 .2, 7:1 . 3, 7.27.3 . 2, IAM 7 . 3 . 6, 7. 3 . 9, 7. 3 . 10, 15.4.4 8 . 3 . 1 , 9.3 . 1 . 1 , '9 . 10 . 3 , '10 11 . 3 .4, 11 . 3 .9, CONSTRUCTION BY OWNER OR BY 12 . 1 . 2; 15 . 1 . 3ItSEPARATE CONTRACTORS Change Orders, Definition of 1 . 1 .4, 6 7t,111 Construction Change Directive, Definition of CHANGES N& THE WORK 7.3. 1 it I 2.2. 1 , 3 . 11 , 4.2. 8, 7, 7.2.1 , 7.3 . 1 , 7.4, 7.4. 15 8. 3 . 19 Construction Change Directives 1 , 11 . 3 .9 1 . 1 . 1 , 3 .4 .2, 3 . 12 .8, 4.2 . 8, 7. 1 . 1 , 7. 1 .2, 7. 1 . 3 , 7.3, Ar Claims, Definition of 9. 3 . 1 . l Construction Schedules, Contractor' s CLAIMS AND DISPUTES 3 . 10, 3 . 12. 1 , 3 . 12.2, 6. 1 . 3, 15 . 1 . 5 . 2 3 .2.4, 6. 1 . 1 , 6 .1: 3. 3 .9, 9.3 .•3, 9 � 10.4, 10.3 . 3 , 15, 15 .4 Contingent Assignment of Subcontracts ClLIL aims and Timely Assertion' of Claims 5.4, 14 .2.2.2 :11 IinAiii , Continuing Contract Performance Claims for Additional Cost 15. 1.3 I ILL . 3 .2.4, 3 .7 .4, 6. 1 . 1 , 7 . 19; 110. 3 .2,° 15. 1 .4 Contract, Definition of CI 111— laims1 . 1 for Additional Ti1 . me 1 . 1.2 3 2.4, 3 . 7 .46. 1 . 1 , 8 . 3 .2, 10. 3 .2, 15. 1.5 CONTRACT, TERMINATION OR 14 :1Concealed = orILL Unknown Conditions, - Claims for SUSPENSION OF THE LL ILL 3. 7.4 5 .4. 1 . 1 , 11 . 1 % 14 L- NClaimsILL . for Damages Contract Administration 3 .2.4, 3 . 18, 6. 1 . 1 , 8 . 3.3 , 9. 5 . 1, 9 .63, 10.3 . 3 , 11 . 1 . 1 , 3 . 1 . 3 , 49 9.4, 9. 5 ttL rr 11 . 3 . 5; 11 .3 . 7; 14. 1 . 3 , 14.2 .4 15 . 1 . 6 Contract Award and Execution, Conditions Relating Claims Subject to Arbitration to 15 . 3 . 1 , 15.4. 1 3 . 7. 1 , 3 . 10, 5 .25 6. 1 , 11 . 1 . 3, 11 . 3.6, 11 .4. 1 Cleaning UpILL Contract Documents, Copies Furnished and Use of 3. 15, 6. 3 1 . 5 .2, 2.2 .5 , 5 .3 rr LL rr LL Ir Commencement of the Work, Conditions Relating to Contract Documents, Definition of I ILL2 .2 . 1 , 3 .2 .2, 3 ,4 . 1 , 3 ,7. 1 , 3 . 10. 1', 3 . 12 .6, 5 .2 . 1 , 5 .2. 3 , 1 . 1. 1 6.2.2, 8. 1 .2, 842 .2, 8 . 3 1 , 11 . 19 11 . 3 . 19 11 . 3 . 6, 11 .4. 11 Contract Sum 15, 1 .4LIVLLL 3 .7.4, 3 . 8, 5 .2 .3 , 7.2 , 7. 3 , 7.4, 9. 15 9.4.2, 9. 5 . 1 .4, Commencement of the Work, Definition of 9. 6. 7, 9.7, 10. 3 .2, 11 .3 . 1 , 14.2.4, 14. 3 .2, 15 . 1 .4, 8. 1 .2 15 .2. 5 'rLrCommunications Facilitating Contract Contract Sum, Definition of Administration 9. 1 LVLLL 3I LL .9. 1 , 4.2.4 Contract Time I ILLCompletion, Conditions Relating to 3 . 7.4, 3 . 7 .5 , 3 . 10 .2, 5 .2 .3 , 7 .2. 1 .3 , 7.3 . 1 , 7.3 . 5 , 7.4, 3 .4. 1 , 3 . 11 , 3, 115, 4 .2.2, 4.2.9, 8. 2, 9.4.2, 9. 8, 9.9. 1 , 8 . 1 . 12 8.2 . 1 , 8 .3 . 1 , 9 . 5 . 1 , 9 . 7, 10.3 .2, 12 . 1 . 11 14 .3 .2, I ILL rr 9. 10, 12 .2, 13 .7, 14. 1 .2 15 . 1 . 5 . 1 , 15 .2 . 5 COMPLETION, PAYMENTS AND Contract Time, Definition of 1. 9 8. 1. 1 Init. AIA Document A201 Tm — 28007. Copyright ® 1911 , 1915, 1918, 19251 1937, 1951 , 1958, 19610 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American 3 Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) CONTRACTOR Costs 3 2.4. 1 , 3 .2 .42 3 .7. 3, 3 . 8.2, 3 . 15 .2, 5 .4.2; 6. 1 . 1 , 6.2 . 35 Contractor, Definition of 7. 3 .3 . 3 , 7 .3 . 7, 7 .3 . 8, 7. 3 . 9, 9. 10.2, 10. 3 .2, 10. 3 . 6, 3. 1, 6. 1.2 11 . 3 , 12 . 1 .2, 12 .2. 1 , 12 .2.4, 13 . 5, 14 Contractor's Construction Schedules Cutting and Patching VIF 3. 10, 3 . 12 . 1 , 3 . 12.2; 6. 1 . 3 , 15 . 1 . 5 .2 3. 14, 6.2. 5 Contractor' s Employees Damage to Construction of Owner or Separate aa 3 . 3 . 2, 3 .4 . 3 , 3 . 8 . 1 , 3 .9, 3 . 18.2, 4.2 . 31 4 .2. 6, 10 .29 10. 3 , Contractors I ;Err 11 ,1 . 1 , 11 . 3 .7, 14. 1 , 14.2. 1 . 1 , 3 . 14.2, 6.2.4, 10.2. 1 .2, 10.2 . 5910.4911 . 1 . 1 , 11 .3, Ir r Contractor' s Liability Insurance 12 . 2.4 1 Ll Damage to the Work Contractor's Relationship with Separate Contractors 3 . 14.2, 9.9. 11 10.2. 1 .2, 10.2 . 5 , 10.4. 1 , 11 .3 . 19 12.2 .4 Uir tr . Zr VE rrand Owner's Forces Damages, Claims for 3 . 12. 5 , 3 . 14.2, 4. 2.4, 6, 11 . 3 .7, 12 . 1 .23 12 .2.4 3 .2.4, 3 18 6. 1 . 1 , 8. 3 .3 , 9. 5 . 1 , 9.6. 7, 10 .3. 3 , 11 . 1 . 1rr , :i Contractor's Relationship with Subcontractors 11 . 3 . 5 , 11 . 3 . 75 14. 1 . 3 , 14.2.4, 15 , 1 . 6 1 .2.2, 131 %. 3 . 18 . 1 , 3 . 18 .2 ; 5, 9. 6.2 , 9. 6 .7, 9. 10.2, Damages for Delay 11. 3 . 1 ,2, 11 . 3.7, 113 . 8 6. 1 . 1 , 8.3 .3 , 9 .5 . 1 . 6, 9. 7, 10 . 3 .2 IIrir Contractor's Relationship rjEt,with the Architect Date of Commencement of the Work, Definition of It i . 1 .2, 1 5, 3 . 1 :3 , 3 .2 .2, 3 .2 . 3, 31. 2.49 3 . 3 . 19 3 .4. 2, 3 . 5, 8. 1.2 3 . 7.4, 3 . 10, 1 1 , 3 . 12, 3 . 16,3 . 18, 4. 1 . 3 , 4.2, 5 .2, Date of Substantial Completion, Definition of 6 .2.2, .7, 8. 31 ; 9.2, 9. 3, 9.4,°9. 5, 9 .7, 9 . 8, 9 .9, 10.2 .69 8. 1.3 10rrr . 3, 11 . 3 . 7, 12, 13 . 5; 15. 1 .2; 15.2. 1 Day, Definition of Contractor's Representations ` 8. 1.4 Ir 3 .2. 1 , 3`.2 .2, 3,IM Ir ;5 , 3 . 12:6, 6.2.2, 8:2 . 19 9 . 3 . 3, 9 . 8. 2 Decisions of the Architect Contractor' s Responsibility for Those Performing the 3 . 7.4, 4. 2 .6, 4 .2 .7, 4.2. 11 , 4 .2. 12, 4 .2 . 13 , 15 .2, 6. 3 , E . Work : Errr . 7 .3 . 7, 7. 3 .9, 8 . 1 . 3 , 8 .3 . 15 9 . 29 9.4, 9. 5 . 1 , 9. 8.4, 9. 9.1 , 3 . 3 .2, 3 . 18, 5. 3 . 1 , 6. 1 :3 , 6,20 9. 5 . 1 , 10.2 . 8 13 . 5 .22 14.2.2, 14.2.4, 15 . 1 , 15 .2 1. r iir III Contractor' s Review of Contract Documents Decisions to Withhold Certification 3 ,2EVr: 9.4. 1 , 9.5, 9. 79 14. 1 . 1 .3 Contractor's Right to Stop the Work Defective or Nonconforming Work, Acceptance, 9, 7 Rejection and Correction of Contrar.rctor' s Right to Terminate the Contract 2 . 3 . 1 , 2.4 . 1 , 3 . 5 , 4.2 . 6, 6 .2 . 59 9. 5 . 1 , 9 . 5 .2, 9. 6.6, 9. 8.2, 14 . 1 15 . 1 .6it r 9 .9. 3 , 9. 10.4, 12.2. 1 Ur r Contractor' s Submittals Definitions 3 . 10, 3 , 11 , 3 . 12 .4, 4 . 2.7, 5 .2. 1 , 5 .2. 3 , 9:2, 9. 3 , 9. 8.2, 1 . 112. 1 . 1 , 3 . 1 . 1 , 3 . 5 , 3 . 12. 1 , 3 . 12.2, 3 . 12. 394. 1 . 15 9. 8.31 9.9 . 1 , 9. 10.2, 9 . 10.3 , 11 . 1 .39 11 .4 .2 15 . 1 . 11 5 . 1 , 6. 1 .25 7.2 . 11 7. 3 . 1 , 8 . 19 9. 1 , 9. 8. 1 Contractor' s Superintendent Delays and Extensions of Time 3 .9, 10.2: Ir .6 3 .2, 3 . 7.4, 5 .2 .3 , 7.2 . 1 , 7.3 . 1 , 7.4, 8.3, 9 . 5 . 1 , 9. 7, Contractor' s Supervision and ConstIt —ruction 10. 3 .29 10.4. 1 , 14. 3 .2, 15. 1 . 5 , 15.2. 5 Procedures Disputes 1 ,2.2, , 3 . 3 , 366 .4, 3 . 12. 10, 4.2.2; 4.2.7, 6. 1 .3 , 6. 2 .4, 639 739 % 15 . 1 , 15 .2 6 66 7. 1 . 3 , 7. 3 . 5, 7:3 . 7, R2, 10, 12, 14, 15 . 1 . 3 Documents and Samples at the Site Ir Contractual Liability Insurance 3. 11 I Ar t IV 11 . 1 . 1 .8 , 11 .2 Drawings, Definition of Coordmation 'and Correlation 1 . 1.5 L2 3 .2. 1 ,' 3. 3' 66r r .. 1rt 11r, 3 . 16.66 Lr ©, 3 , 12.6, 6. 1 . 3 , 6.2 . 1 Drawings and Specifications, Use and Ownership of It, I1.6 Vir Copies Furnished of Drawings and Specifications 3 . 11 1 . 51, 2. 2. 51, 3 . 11 Effective Date of Insurance Copyrights 8 . 2.2, 11 . 1 .2 1596,30 17. Emergencies Correction of Work 10.4, 14. 1 . 1 .2, 15 . 1 .4 2 . 3, 2 4, 3 . . 3 9.4.2, 9. 8 .2 , 9. 8.3, 9.9. 1 , 12 . 1 .2, 12.2 Employees, Contractor ' s An Correlation and ' Intent of the Contract Documents 3 .3 . 2, 3 .4 .39 3 .8 . 1 , 3 .9, 3 . 18 .2, 4 .2 . 3 , 4.2. 6, 10.2, 1 .2 10. 3 . 3911 . 1 . 1911 . 3 .7, 14. 1 , 14 .2. 1 . 1 Cost, Definition of 7.3.7 (nit. AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) Equipment, Labor, Materials or Instruments of Service, Definition of 1 . 1 . 3, 1 . 1,.6, 3 .4, 3 . 5 , 3 . 8 .2, 3 . 8 . 39 3 . 123 3 . 13 . 1 , 3 . 15 . 1 , 1 . 1 .7 4 .2.6, 4 2 11 5 .2 . 11 6.2. 1 , 7 . 3 . 7, 9. 3 .2, 9. 3 . 35 9. 5 . 1 .39 Insurance 9 . 10.2 10.2 . 1 , 10.2.4, 14.2. 1 . 1 , 14 .2. 1 .2 3 . 18. 1 , 6. 1 . 15 7. 3 .7, 9 .3 .2, 9 . 8.4, 9 .9. 1 , 9. 10.2, 11 Execution and Progress of the Work Insurance, Boiler and Machinery 191 .3 , 1 ,2 . 1 , 1 .2 .29 2 .2. 3, 2 .2. 59 3 . 1 , 3 . 3 . 19 3 .4. 11 3 . 59 11.3.2 3 . 7. L 3910. 1 , 3 . 121 3 . 149 4 .2, 6 .2.2, 7 . 1 . 39 7. 3 . 5 , 8.29 Insurance, Contractor' s Liability 9 . 5. 1 , 9. 9. 1 , 10.2, 10. 3 , 1202, 14 .21 14. 3 . 1 , 15. 1 .3 11 . 1 Extensions of Time Insurance, Effective Date of IN If Ji III 3 ,2:4, 3 . 7.45 5 .2 .31 7 .2. 1 , 7 . 39 7.41 9 . 5 . 1 , 9. 7, 10 .3 .2, 8 .2.21 11 . 1 .2 1004. 1 , 14.3, 15 , 1 . 5, 15 .2 . 5 Insurance, Loss of Use Failure of Payment 11 .3.3 fill 19. 5 . 1 . 3, 9.7, 9'. 10 .2 , 13 , 6, 14. 1 . 1 .3 , 14.2 . 1 .2 Insurance, Owner' s Liability Faulty Work11 .2 (See Defective or Nonconforming Work) Insurance, Property Final Completion and Firrrnal Payment 10 .2. 5 , 11.3 4,2. 1 , 4.2 .9, 9: 8 .2, 9.10, 1 I . 12, 11 . 1 . 3 , 11 . 3 . 19 11 . 3 . 5 , Insurance, Stored Materials 12 . 3 . 1; 14.2.4, 14. 4.�iLN3 ' 9 . 3 . 2 Financial Arrangements, Owner' s INSURANCE AND BONDS 2jr,r IN ,.2. 1 , 1tr. 3 .2.2, ;14. 1 . 1 . 11 Fire and Extended CoverN . 41age Insurance Insurance Companies, Consent to Partial Occupancy 11 . 3 . 1 . 1I IN 9.9. 1 GENERAL PROVISIONS Intent of the Contract Documents 1N . 1 .2. 1 , 4.2 .7, 4.2 . 12, 4.2 . 13 , 7A Governing Law Interest 13. 1 13.6 rN Guarantees (See Warranty) Interpretation Hazardons_Mater'rals 1 .2. 311 .4, 4. 1 . 1 , 5 , 6. 1 .2, 15 . 1 . 1 10.2.A , 10.3 It rr Interpretations, Written Identification of Subcontractors and Suppliers 4 .2. 11 , 4.2. 12 , 15 . 1 A 5.2. 1 Judgment on Final Award Indemnificaf><on 15 .4.2 :i fir 11 r r 3 . I7, 3. 18, 9. 10 .2," 10',.3 .3, 10.3 . 5, 10 3 .6, 41 . 3 . 1 .2, Labor and Materials, Equipment 11 1103 71 1 . 1 . 3 , 1 . 1 .6, 3.4, 3 . 5 , 3 . 8 .2, 18 .3 , 3 . 12, 3 . 139 3 . 15 . 1 , Information and Services Required of the Owner 4 .2.6, 4.2 .7, 5 .2 . 1 , 6 . 2 . 1 , 7. 3 . 7, 9. 3 .21 9. 3 .39 9. 5 . 1 . 3 , 2 . 1 .2, ;2.2 , 3.2.2, 3 .12 ,4, 3 . 12 ': 10, 6. 1 .3 , 6. 1 .4, 6 .2 . 5, 9. 10.2 , 10,2. 15 10.2.49 14.2. 1 . 19 14 .2 . 1 .2 9, 6. 1 , 9.6. 4, 9.9 .2, 9 . 10 . 3 , 10. 3 . 3 , 11it ;2, 11 .4, 13 . 5 . 1 , Labor Disputes 13 . 5 .2, 14. 1 . 1E 4, 14. 1 .4, 15 . 1 >3 8 . 3 . 1 Initial Decision' Laws and Regulations 15.2 1 . 5, 3 . 2. 313 .6, 3 . 713 . 12. 10, 3 . 13 . 134 . 1 . 1 , 9. 6.459. 9. 19 Initial Decision Maker, Definition of 10.2.29 11 . 1 . 11 11 . 31 13 . 1 . 1 , 13 .4, 13 . 5 . 1 , 13 . 5 .2, r. 1 . 1 . 8 13 . 6. 1914, 15 .2 . 81, 15 .4 Initial; Decision Maker, Decisions Liens 14 .2.21 14.2.4, 15 .2, 1 , 15 .2.2, 15.2. 31 15 .2 .4, 15 . 2. 5 2 . 1 .29 9. 3 .31, 9. 10 .2, 9. 10 .49 15 .2 .8 'IN 14 Initial Decision Maker; Extent of Authority Limitations, Statutes of 14rr Ir. I _r .2.2, 14.2.4, 15'. 1 . 315 .2. 1 , 15 .2.2, 15 .2. 3 , 15 .2.4, 12.2. 5, 13 .7, 15 .4. 1 . 1 15 .2. 5MIM-NLimitations of Liability Injury or Damage to Person or Property 2 . 3 . 1 , 3 .2 .29 3 .59 3 . 12 . 10, 3v 179 3. 18. 1 , 4.2.6, 4.2.7, 10.2.$, 10.4, 1 4.2. 12, 6.2.2, 9. 4.2, 9.6 .49 9,6.71 10 .2 . 5, 10.3 . 3 , Inspections 11 . 1 .2, 11 . 2, 11 . 3 . 7, 12 .2. 59 13 .4.2 3 . 1 .3 , ' 3 . 3 . 3 , 3 .7 . 1 , 4 .2.2, 4 .2.6, 4.2 .9, 9.4.2, 9. 8 .3 , Limitations of Time 9. 9.2, 9, 10. 1 ; 12.2. 1 , 13 . 5 2. 1 .2, 2.2, 2.49 3 .2. 2, 3 . 10, 3 . 11 , 3 . 12 . 5, 3 . 15 . 1 , 4 .2.7, Instructions to Bidders 5 . 2, 5 . 3 . 1 , 5 .4 . 1 , 6.2 .4, 7.3 , 7.4, 8.2, 9.2, 9.3 . 1 , 9. 3 .39 1 . 1 . 1 9 .4. 1 , 9. 5 , 9.69 9. 79 9. 81 9.9, 9. 10, 11 . 1 . 3 , 11 . 3 . 1 . 59 Instructions to the Contractor 11 . 3 . 69 11 . 3 . 101, 12 .29 13 .59 13 . 7, 145 15 3 .2.4, 3 . 3 . 1 , 3 . 8 . 19 5 .2. 1 , 7, 8 .2 .2, I29 13 . 5 .2 Loss of Use Insurance 11 .3.3 Illit. AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 5 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale: User Notes: (811102566) Material Suppliers Owner, Information and Services Required of the 1 . 5, 3 . 12. 1 , 4.2.4, 4.2 .6, 5 .2 . 1 , 9.3 , 9.4 .2, 9.6 , 9. 10 .5 2 . 1 .2, 2.2, 3 .2 .2, 3 . 12 . 10, 6. 1 .3 , 6. 1 .4, 6.2 . 5, 9 . 3 .2, Materials, Hazardous 9 . 6. 1 , 9.6 .49 9 .9.2, 9. 10 . 3 , 10. 3 . 39 11 .29 11 . 39 13 . 5 . 1 , 10.2.4 10.3 13 . 5 .2, 14. 1 . 1 .49 14. 1 .4, 15 . 1 .3 Materials, Labor, Equipment and Owner ' s Authority 1 19 1 . 1 . 3913 . 6, 1 . 5 . 1 , 3 .4. 1 , 3 . 51, 3 . 8.2, 3 . 8. 3 , 3 . 12, 1 . 592. 1 . 192.3 . 192.4 . 193 .4 .2, 3 . 8. 1 , 3 . 12. 1053 . 14 .2, cp If .9r 3 . 13 , 1 , 3 . 15. 1 , 4.2. 6, 4.2 .7, 5 .2 . 1 , 6.2. 1 , 7 . 3 . 7, 9.3 . 2, 4 . 1 .294. 1 .304 .2 .494.2.995 .2. 195 .2.4, 5 .4. 116. 156. 39 9. 5 . 1 . 3, 9. 10 . 2, 10.2. 1 .2, 10 .2.45 14.2. 1 . 1 , 7.2. 1 , 7. 3 . 19 8 .2 .2, 8 . 3 . 1 , 9 . 3 . 1 , 9. 3 .2, 9. 5 . 11 9. 6 .4, 14,2. 1 .2 9 .9. 1 , 9. 10.2, 10. 3 .2, 11 . 1 . 35 11 . 3 . 32 11 . 3 . 10, 12.2 .29 Means, Methods, Techniques, Sequences and 12 .3 . 1 , 13 .2.2, 14. 39 14 .4, 15 .2 .7 Procedures of Construction Owner' s Financial Capability fm 3 . 3 . 1 , 3 . 12. 10, 4.2.2, 4.2 .7, ;9 .4 .2 2 .2. 1 , 13 .2.2, 14. 1 . 1 .4 Mechanic ' s1ien Owner' s Liability Insurance 2 . 1 :2, 15 .2. 8 11 .2 Mediation9iffm Owner' s Relationship with Subcontractors 8 .An 139. . 1 , 10.3 . 5 , 10.3 .6, 15 .2. 1; rr 15„2. 5 , 15 .2.6, 15.3, 1 . 1 .23 5 .2, 5 . 3 , 5 .4, 9.6.4, 9. 10.2, 14.2.2 if 15:4. 1jj Owner's Right to Carry Out the Work Minor: Changes in Ni the Work ir 2.4, 14.2.2 1 . 1 . 1 , 3 . 12. 8, 4.2 . 8, 7 . ,1 , Z4 Owner's Right to Clean Up MISCELLANEOUS PROVISIONS 6.3 13 Owner's Right to Perform Construction and to Modifications, Definition of Award Separate Contracts 1 . 1, 1 6. 1 Modifications to the Contract Owner' s Right to Stop the Work 99 1 . 1 . 1 , .1 . 1 .2 , 3 . 11 , 4. 1 .2, 4.2 . 1 ; 5 .2 . 3 , 7, 8. 3 . 1 , 9.7, 2.3 10 . 3 .2,' 11 .3 . 1 ” Owner' s Right to Suspend the Work Mutual Resbonsibility 14. 3 6.2 ' Owner ' s Right to Terminate the Contract Nonconforming Work, Acceptance of 14 .2 9.6. 6, 9.9 .3 , 12.3 . Ownership and Use of Drawings, Specifications Nonconforming Work, Rejection and Correction of and Other Instruments of Service 2 . 3 . 1 , 2.4 . 1 , 3 :5 , 4.2 .6; 6.2 .4, 9. 5 . 1 , 9 . 8 .2, 9.9. 3 , 1 . 1 . 1 , 1 . 1 .6, 1 . 1 . 7, 1 .5, 2 .2 . 5, 3 .2. 2, 3 . 11 . 1 , 3 . 17, 9 . 10.:4, 12.2. 1 4 .2. 12, 5. 3 . 1 NoticePartial Occupancy or Use 2 .2. 1 , 2. 3 . 1 , 2 .4 . 1 , 3 .2:4, 3 . 3, 1 , 3 .7.2, 3 :12. 9, 5 .2. 1 , 9 .6. 6, 9.9, 11 . 3 . 1 . 5 9. 7, 9.9,10, 10.2:2; 11 . 1 :3, 12 .2.2. 1 , 13 . 31 13 . 5 . 1 , Patching, Cutting and 13 . 5 .2, 14. 1 , 14 .2, 15 .2 . 8, 15 .4. 1 3. 14, 6.2. 5 Notice, Written Patents 2 , 3 . 1 , 2.4 . 1 , 3 :3 . 1 , 3 .9.:2, 3 . 12. 9, 3 . 12: 10, 5 .2 . 1 , 9 . 7, 3 . 17 9 . 10, 10.2.2, 1031 11 .1 . 3 , 11 . 3 . 6, 12.2.2. 1 , 13.3, 14, Payment, Applications for 15.2. 8, 15 .4. 1 le IMM, rrr 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 , Notice of Claims 14 .2. 3 , 14. 2.4, 14.4. 3 3 . 7.449 r, 10, 2. 8, 15. 1.2 , 15 .4 Payment, Certificates for Notice of Testing and Inspections 4 .2. 59 4.2 .99 9 .3 .3 , 9.4, 9 .5 , 9 .6 . 1 , 9 .6 .6, 9 . 7, 9 . , 10. 1 1305111 , 13415112 9. 10.3 , 13 . 7914 . 1 . 1 . 3914.2.4 Observations, Contractor' s Payment, Failure of 9. 5 . 1 . 3, 9.7, 9. 10.21 13 .69 14. 1 . 1 .3 , 14 .2 . 1 .2 Occupancy Payment, Final 2 ,2.2, 9.6.6, 9 .81 11 . 3 . 1 . 5 4 .2. 1 , 4.2 .9, 9 .8 .2, 9. 10, 11 . 1 .2, 11 . 1 . 3 , 11 .4. 1 , 12. 3 . 19 fir Orders, Written 9913 . 7, 14.2.4, 14 .4. 3 ia . l , 2.3 , 3 . 9.2, 7; 8. 2. 2, 11 . 3 . 9, 12. 1 , 12.2.2. 19 Payment Bond, Performance Bond and 13 . 5 .2; 14. 3 . 1 7 . 3 . 7.4, 9 .6 . 71 9 . 10. 3, 11 .4 OWNER Payments, Progress 2 9. 3 , 9.6, 9. 8. 5 , 9. 10.3 , 13 .61, 14 .2.31, 15 . 1 . 3 Owner, Definition of PAYMENTS AND COMPLETION 2. 1. 1 9 Init. AIA Document A201 TM 111112007. Copyright ® 1911 , 19150 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) Payments to Subcontractors Rights and Remedies %_. 5 .4.2, 9. 5 . 1 . 3 , 9 .6. 25 9.6. 3 , 9.6.4, 9.6. 7, 14.2. 1 .2 1 . 1 .2, 2.3 , 2.4, 3 . 59 3 . 7.4, 3 . 15 .2, 4.2. 6, 5 . 3 , 5 .4, 6* 11 all PCB 6 . 39 7. 3 . 1 , 8 . 3 , 9. 5 . 19 9. 79 10. 2. 51 10. 3 , 12 . 2.29 12 .2.4, 10.3 . 1 . 13.4, 14, 15 .4 _ .. . _ Performance Bond and Payment Bond Royalties, Patents and Copyrights 7. 3 .7 .4, 9 .6 . 799 . 10111 .4 3. 17 Ir Permits, Fees, Notices and Compliance with Laws Rules and Notices for Arbitration 2 .2. 23.79 3o 139 7.3 . 7.4, 10.2.2 15 .4. 1 PERSONS AND PROPERTY, PROTECTION Safety of Persons and Property OF 10.2, 10 .4 10 Safety Precautions and Programs Polychlorinated Biphenyl 3 . 3 . 1 , 4.2 .2, 4 .2 . 715 . 3 . 1 , 10. 1 , 10.21, 10.4 10 , 3 . 1 Samples, Definition of Product Data, Definition of . 3. 12.3 3, 12,2 Samples, Shop Drawings, Product Data and Product Data and Samples, Shop Drawings 3 . 11 , 3. 12, 4.2. 7 3' Err I . 11 , 3. 12m4nr . r.: nE , 4,2. 7 , Samples at the Site, Documents and Ir Ir irProgress and Completion 3. 11 4 .2.2, 8.2; 9. 8; . 9,9. 1 14. 1 .4, 15 . 1 .3 Schedule of Values Progress Payments9.2, 9. 3 . 1 9 . 3, 9.6, 9. 8. 5 ; 9: 10.3 , 13 . 6, 14 2 3 , 15 . 1 . 3 Schedules, Construction Project, Definition of 3 . 10, 3 . 12. 1 , 3 . 12.2, 6. 1 . 3, 15 . 1 . 5 .2 Separate Contracts and Contractors Project Representatives 1 . 1 .4, 3 . 12. 5 , 3 . 14.2, 4. 2 .4, 4 .2 .7, 6, 8 .3 . 1 , 12. 1 .2 42, 10 . Shop Drawings, Definition of Property Insurance 3. 12. 1 10 .2. 5Ell Shop Drawings, Product Data and Samples PROTrr ECTION OF PERSONS AND PROPERTY 3o 115 3. 12, 4 .2.7 10ir Site, Use of Rr I.egulations and Laws : 3. 13, 6. 1 . 1 , 6.2. 1 1 . 5, 3 .2. 3 , 3 . 6 3 . 7, 3 . 12. 10, 3 : 13 , 4 . 1 . 1 , 9.6.49 9. 9, 1 , Site Inspections 10 .2.2; 11 . 1 , 11 .4, 13Ir r .1 , 13 .4 13 . 5 . 1 , 13 . 5 .2, 13 .6, 14, 3 .2.2, 3 . 3 .3 , 3 .7. 1 , 3 . 7.4, 4 .2, 9 .4.2, 9 . 10. 19 13 . 5 15:2. 8, 15.4Ir I . Site Visits, Architect' s Rejection of Work 3 . 7.4, 4.2 .2 , 4.2 .95 9 .4.2, 9 . 5 . 1 , 9.9.2, 9. 10. 1 , 13 . 5 30594926 12.2. 1 Special Inspections and Testing Releases and Waivers of Liens 4 .2. 6, 12.2. 1 , 13 . 5 _ _ _. .. 9 , 10,2 Specifications, Definition of Representations , 1 . 1.6 3 ,2. 1 , 3 , 5, 3 . 12. 6, 60:21 8.2 . 1; 9 .3 .3„9.4.2, 9. 5 . 19 Specifications ' 'Er 9 , 8 .2,, 9. 10. 1 11 96, 1 .2 .2, 1 . 5, 3 . 11 , 3 . 12. 10, 3 . 17, 4 .2. 14 Representatives Statute of Limitations 2 . 1 . 1 , 3 . 1 . 1 , 39, 4. 1 . 1 , 4.2 . 1 , 42.2, 4 .2. 10, 5 . 1 . 1 , 13 . 7, 15 .4. 1 . 1 5 . 1 .2, ;13 . 2, 1 Stopping the Work Responsibility far Those Performing the Work 2 .39 9. 7, 10 .3 , 14 . 1 3 , 3 .2, 3 . 181 4.2.3 , 5 .3 ;,1 , 6. 1 . 39 6 .2, 6.3 , 9. 5 . 19 10 Stored Materials Retainage 6.2. 1 , 9. 3 .2, 10.2 . 1 .2, 10 .2.4 9.•3 . 1 , 919%81115, 9 .9. 1 ,- 9 . 10.2, 9. 10.3 Subcontractor, Definition of Review of Contract Documents and Field 5. 1. 1 Conditions by Contractor SUBCONTRACTORS 3.2, 3 .12. 7, 6. 1 . 3 5 Review of Contractor' s Submittals by Owner and Subcontractors, Work by Architect 1 .2.2, 3 . 3 .25 3 . 12 . 1 , 4 .2 . 3, 5 .2. 3 , 5 .3 , 5 .4, 9.3 . 1 .2, tr . r3 . 10. 1;, 3 . 10.2, 3 . 11 , 3 . 12, 4 .29 5 .2, 6. 1 . 3, 9.2, 9. 8 .2 9. 6. 7 rr Review of Shop Drawings, Product Data and Subcontractual Relations Samples by Contractor 5.3, 5 .4, 9.3 . 1 .2, 9.6, 9. 10, 10.2. 1 , 14 . 19 14 .2. 1 3 . 12 Init. AIA Document A201 TM - 907. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American 7 Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/2112012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) I Submittals Tests and Inspections 3 . 1053 . 11, 3 . 1294. 2 . 7, 5.2 . 155 .2. 31, 7.3 .71, 9.2, 9. 35 3 . 1 . 353 . 3 .394.2 .21, 4.2. 694 .2. 999.4.2, 9. 8. 3 , 9. 9 .25 9 . 8, 9. 9. 1 , 9. 10.29 9. 10. 31 11 . 1 . 3 9. 10. 11, 10. 3 .2, 11 .4. 1 . 11 12.2 . 1 , 13. 5 SubtriittaI Schedule TIME 3 . 10,2; 3 . 12. 5 , 4.2.7 8 Subrogation, Waivers of Time, Delays and Extensions of 6 . 1 . 1', 11.3.7 3 .2.4, 3 . 7.4, 5 .2 . 3 , 7 .2. 1 , 7. 3 . 1 , 7.4, 8.3, 9 . 5 . 1 , 9.7, 99.6 99. 99 Substantial Completion 10 .3 .2, 10.4. 19 14. 3 .21, 15 . 1 . 51 15 .2. 5 4.2099 8. 1 . 1 , 8 . 1 . 39 8 .2.3, 9 .4.21, 9.8, 9,9. 15 9. 10. 31 Time Limits 12 .2, 13 . 7 2 . 1 . 2, 2.29 2.49 3 .2.21, 3 . 109 3 . 1 1 , 3 . 12 . 5, 3 . 15 . 15 4 .2, Substantial Completion, Definition of 5 .2, 5 . 3, 5 .49 6.2.4, 7. 3 , 7.49 8 .2, 9 .2, 9 . 3 . 1 , 9 . 3 . 3 , 9.8.1 1 9 .4. 11, 9. 5 , 9.69 9. 7, 9. 89 9. 9, 9. 10, 11 . 1 . 39 12. 21, 13 . 5, Sub...stitution .4 of Subcontractors 13 . 7, 14, 15 . 1 .2 , 15 5 .2 3 , 5 .2 .4 Time Limits on Claims Substitution of Architect 3 . 7.4, 10.2. 8, 13.7, 15 . 1 . 2 4. 1 . 3ritnnr : Ir Title to Work In Substitutions ofMaterials 9. 3 .2, 9.3 .3 3 ,4. 2, 3 . 5 , 7, 3 . 8 Transmission of Data in Digital Form 1 1 16 An Sub-subcontractors Definition of 1 .6 ir 5. 1,2 : UNCOVERING AND CORRECTION OF 3 9Subsurface Conditions WORK 191.9:9r 3 .nr Z4 12 Successors and Assigns Uncovering of Work nitE 13.2 12. 1 91166 InEt Superntende'int Unforeseen Conditions, Concealed or Unknown 3.9, 10.2.66 r r 3 .7.498. 3 . 1 , 10. 3 Superwision ' and Construction Procedures Unit Prices 1 .2.2, 3.3, 3.4, 30 120 101 4 2.2,: 4:2.7, 6. 1 .3 , 6.2 .4, 7. 3 . 3 . 2, 7.3 .4 7. 1 .3 , 7.It 3 .7, 8,2, 8 .3 . 1', 9,4. 2, 10, 12, 14, 15. 1 . 3 Use of Documents Surety: 1 . 1 . 1 , 1 . 5 , 2.2 .5 , 3 . 12 .6, 5 . 3 I 6r6 rr 5 .4. 1 .2, 9 . 8 . 5, .9 . 10.2, 9. 10. 3, 14.2 .2, 15 .2 . 7 Use of Site Surety, Consent of 3. 13, 6 . 1 . 1 , 6.2. 1 9 . 10.2, 9. 10. 3in. Values, Schedule of Surveys99 9.29 9. 3 . 1 2 .2. 3 Waiver of Claims by the Architect 61 9 99 66 Suspension by the Owner for Convenience 13 .4.2 16 14,3r 6 Waiver of Claims by the Contractor Suspension of the Work 9. 10. 51, 13 .4.21, 15 . 1 . 6 5 ,4.2, 14. 3 Waiver of Claims by the Owner Suspension or Termination of the Contract 9. 9. 31, 9. 10. 3 , 9. 10.49 12.2.2 . 1 , 13 .4 .21, 14. 2 .49 15 . 1 .6 5 .4. 1 . 1 , 14Waiver of Consequential Damages r93 r 9 11 99 116 r Taxes 14 .2.4, 15 . 1 . 6 99 rr 3 .6, 3 : 8. 2 . 1 , 7.3 .7. 4 Waiver of Liens Termination by the Contractor 9 . 10. 21, 9. 10.4 14. 1, 15 . 1 .6 , Waivers of Subrogation Termination by the Owner for Cause 6. 1 . 1 , 11.3.7 5 .4. 1 . 1 , 14.2, 15 . 1.6 Warranty Termination by the Owner for Convenience 3 . 5, 4.2.99 9. 3 .39 9. 8 .4, 9 .9 . 11 9. 10.4, 12 .2 .29 13 .7 . 1 14. 46 Weather Delays Termination of the Architect 15 . 1 . 5 .2 4. 1 . 3 Work, Definition of Terr r mination of the Contractor 1 . 1 .3 66 91442,2 Written Consent TERMINATION OR SUSPENSION OF THE 1 . 5 .21, 3 .4 .29 3 .7 .43 3 . 12 . 81, 3 . 14 .2, 4. 1 . 21, 9 . 3 .21, 9. 8 . 51, CONTRACT 9 .9. 11, 9. 10.2, 9. 10. 31 11 .4. 1 , 131. 25 13 .4.21, 15 .4.4.2 14 Written Interpretations 4 .2. 119 4.2. 12 Init. AIA Document A201 "m - 2007. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 8 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes : (811102566) Written Notice Written Orders 2 .3, 204, 3 . 3 . 1 , 9,3 . 3 . 12.9, 3 . 12. 10, 5 .2. 1 , 8 .2.2, 9. 79 1 . 1 . 1 , 2. 3 , 3 . 9, 7, 8 .2.2, 12 . 1 , 12 .2, 13 . 5 .2, 14.3 . 1 , In 9. 10, 10 .2.2, 10. 31 11 . 1 . 3, 12 .2 .21, 12 .2 .4, 13.3, 143 15 . 1 .2 4:511 ' I In InIn in n iti 41 Fill Ill 11 Ell Ir Ir Vr lr r Ir lrr Ir It IF— r 11 Elt ni If IF rr in I Ir :rl in rr rr Ir Irr Ir r in lr rr Ell nr LL LL I Ell I rr In 11 E2L trti LL rit' rL LL lir r jr rr 11 AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 19589 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 9 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No. 4386727979_1 which expires on 02/05/2013, and is not for resale. U (811102568) User Notes : ARTICLE 1 GENERAL PROVISIONS § 1 ,1 BASIC DEFINITIONS § 1 .1 ,1 THE CONT4: 11 1 RACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Fitt 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 I IFIt , Ito the Contract signed by both parties, (2) a Change Order,IF (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 in 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, portionsx: f Addenda relating to bidding requirements. § 1 .7 .2 THE, C©NTRACT The Contract Documents form ,the Contract for Construction. The Contract represents the entire and integrated Fri r1:1 agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or, oral. The Contract may beam ended or modified only by a Modification. The Contract Documents shall not be rr construed to 'create contract 3r 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 6f 6and the Architect or the Arclitect' 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 tr 111- 1. IFContract intended to facrrr ilitate performance of the Architect' s duties. IF IF 66 'IF IF 666 6 66 § 1 :pf :rrri IF 16tr .: 6 .1 .3 THE WORK6666 . The te'IFrm "Work" means the construction and services required by the Contract Documents, whether completed or p166 r -6artially completed, and includes all other labor, materials, equipment and services provided or to be provided by 66 1. Fr I. t IF part rrr 16, the Contractor to fulfill the Contractor' s obligations. The Work may constitute the whole or a part of the Project. 11 .6 § 1 .1 .4 THE PROJECT r Fr r:6666 IF .6 rr The Project is th-Fttre total construction of which the Work performed under the Contract Documents maybe the whole 66 IF r 66 66 r Nr rora If part and which may include construction by the Owner and by separate contractors, 616 § ir 11 ,5 THE DRAWINGS 1. 6 The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and 666 IF dimensions of the Work16 , generally including plans, elevations, sections, details, schedules and diagrams. 6 .6 IF 1 . 666 III rr § 1 ,1r66 .5 THE SPECIFICATIONS 661 1 IF rrr 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. 661 16 § .1 . 1 ,7 INSTRUMENTS OF SERVICE . 1 6IF r IF IF IF rrInstruments of Service are representations, in any medium of expression now known or later developed, of the IF IIF tangible and intangible creativeIF work performed by the Architect and the Architect' s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, IF IF surveys, models, sketches, drawings, specifications, and other similar materials. § 1 .1 .8 INITIAIF L DECISION MAKER IF IF The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15 .2 and certify termination of the Agreement under Section 14.2.2 . § J 11 1 ,2 CORRELATION AND INTENT OF THE CONTrr RACT DOCUMENTS r 11 § 1 .2,1 ThI "IFe intent of the Contract Documents is to include all items necessary for the proper execution and rr C ompletion of the Work by the Contractor. The Contract Documents are complementary, and what is required by IF, I III 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. AIA Document A201 TM 111112007. Copyright ® 1911 , 19150 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. rights1 O Institute of Architects. All reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28:34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. U (811102566) User Notes: § 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 perfolimed by any trade. It § 13.3 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. I I 'LL § 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 INTERPRETATIONffln 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 s not intended to affect the interpretation of either statement. §1 .5 OWNERSHIP AND USE O.F DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1 .5.1 .ILL The Architect.. and the Architect' s consultants shall be deemed the authors and owners of their respective it Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserrights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors; and material or ved equipment 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 this Project is not to be construed as ii; 4,Lpublication in 'derogaton of the Architect' s or Architect' s consultants' reserved rights. Litt , In LL- § 1 .5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce' the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under thi authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the I I 'LL specific written consent of the Owner, Architect and the Architect' s consultants. I LL § 1 .0 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. I ' LL LL I INE I ARTICLE 2tOWNERAL It LI LL LL § 2. 1 GENERAL § 2.1 .1 The ON 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 m Section 4 .2 . 1 , the Architect does not have such authority. The term "Owner" means I LLILL the Owner or the Owner' s authorized representative. LL I LL LL § 2.1 .2 TheLL 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 III * shall mclude 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. tit § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § JLLL LL L 2.2. 1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner' s obligations under the Contract, Thereafter, the Contractor may only request such evidence if ( 1 ) the Owner fails to make payments to the I I 'LL 11 1 _.m . Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum ; or (3 ) the Contractor identifies in writing a reasonable concern regarding the Owner' s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or Init AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970$ 1976, 1987t 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) the portion of the Work affected b a material change. After the Owner i p yEarn sties the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including tithose required under Section 3 . 7. 1 , the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 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. § 2.2.4 The Owner s . 11 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. ti it § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the ContractDocuments for purposes of making reproductions pursuant to Section 1 . 5 . 2. Ll § 2.3 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 4: 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 wil 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 . 114 § 2.4 OWNER'S RIGHT JO CARRY OUT THE WORK If the Contractor defaults or neglects to cant' out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such titdefault or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter, . �th duee Contractor 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 1 it. tiltIt or failure., Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. ifpayments then or thereafter . due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the, difference to the Owner.:1 sit ' 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 it the Contractor.' or the Contractor' s authorized representative. 9 N; § 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 obligations to perform the Work in accordance with the Contract ir 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. Init. AIA Document A201 TM — 2007. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566 § 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 JI"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 Ms the information furnished by the Owner pursuant to Section 2 .2. 3 , 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 1 3' purpose of facilitating coordination and construction by the Contractor and are not for the p1 F urpose 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 Ill r a request foriiinformation in such form as the Architect may require. It is recognized that the r ' III 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 isnot required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, Fcod'es, 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 m such form as the Architect may require. § 3.2.4IIf 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 ' 13 .2:3 , the Contractor shall make' 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 as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the e Contractor"'shall not bliable 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 nonconfihnities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules IF , and regulations, and 1awful 'orders of public authorities. V, F § 3.3 SUPERVISION AND C: IVONSTRUCTION PROCEDURES § 3.3. 1 The Contractor shall supervise and direct the Work, using the Contractor' s best skill and attention. The ContracFV­ tor 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, unless the Contract FIFO,Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall LI rr evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, V VVVV methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contract1.or is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences IF or procedures, ; § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor ' s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions 1 lie aproper 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 Init. AIA Document A201 TM . 2007. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) 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. V. AL PILL § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections VM2 "I3 1 or . 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. LfJ "LL 'It § 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. iv LL § 3.3 WARRANTY 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 thI'LL Iat the Work will cL-Lonform to the requirements of the Contract Documents and will be free from defects, LI except for those inherent in the ;quality of the Work the Contract Documents require or permit. Work, materials, or PILequipment not conforming these requirements may be considered defective. The Contractor' s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor sil allilpay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when"bids 11;are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § V: tCLL.LL It ' 3,7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS lIt§ 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 LL 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 CIVILwith 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, LI ILL rules and regulations or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such 3 ti 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 LL 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 21 days after first observance of the conditions. The Architect will promptly Li I investigate such conditions and, if the Architect determines that they differ materially and cause an increase or I LL decrease in the Contractor' s cost of, or time required for, performance of any part of the Work, will recommend an ... . . equitable adjustment 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 t 1". ermsL of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect' s determination or recommendation, that party may proceed as provided in Article 15 . § 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 AIA Document A201 TM - 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) I 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 1 11 IF 1 I 'dContract Sum and Contract Time arising from the existence of such remains or features may be made as provided in d"I Fill: Article 15. All I'd § 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, IF , 11but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable IF objection. 1.66. 6 § 3.8.2 Unless otherwrr 66 rr 66 . ise provided in the Contract Documents, r 116l6 . 1 Allowa' I Fnces shall cover the cost to the Contractor of materials and equipment delivered at the site and 1 IF all required" taxes, less applicable trade discounts; .2Con tractor' 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 nolit ttt i6 6n the allowances; and IF . 11 IF 3 . Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted 1616n.666 III I 1 accordingl16 y by Change Order. The amount of the Change Order shall reflect ( 1 ) the difference 6F Ibeit .tween actual" costs and the allowances under Section 3 . 8.2 . 1 and (2) changes in Contractor' s costs 6. 6 under 666 r IF ion Mid 116 666. 116 6 § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. I IF §r 3.9 SUPERINTENDENT § 3.9. 1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance IF r r 11 at the Project site during performance of the Work. The superintendent shall represent the Contractor, and IF 1116 IF- Comm616 given"to IF IF the ;superintendent shall be as binding as if given to the Contractor. - 66r r66 6 l IF r Fill : 11 § 3.9I- r.2 T1 11he dr.lt6t Fill III rr Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through t1.he Architect the name and qualifications of a proposed superintendent. The Architect mayreply within 14 IF days to the Contractor in writing stating ( 1 ) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2)IF Fri that .tle Architect requires additional time to review. Failure of the Architect to reply within`the 14 day period shall constitute notice of no reasonable objection, § .9.3. The The ContractoIF r 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. §,r 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.'1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner ' s and Architect ' s informationa Contractor' s construction schedule for the Work. The schedule shall not exceed time limits IF current under the Contral dififients, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. r IF § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter Irr IF IF as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect' s approval. The Architect' s approval shall not unreasonably be 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 r All: submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any . increase in Contract Sumor extension of Contract Time based on the time required for review of submittals. I IF § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. AIA Document A201 TM — 2007. Copyright ® 1911 , 19159 1918, 1925, 19373 1951 , 1958, 1981 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized 5 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (81110256 I - § 3. 11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications; Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made I At I lin, rN during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be 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 rare 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. r. 99 § 3.12.2 Product Data ardr 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 SampNNr lei rt s are physical examples that illustrate materials, equipment or workmanship and establish standards by whichgthe Work will be judged. 91 94 999r 99r 9r ti r 99 § 3. 12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate It the way by which 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 11 91 ....uponwhich the Architect is not expected to take responsive action may be so identified in the Contract Documents. 11 IN: Submittals that are not required by the Contract Documents may be returned by the Architect without action . 19 § 3.'12.5 The Contractor shall �review for compliance with the Contract Documents, approve and submit to the tr Lr r 99 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 1— rthe Owner or of separate contractors. rr § 3AZ6 By submitting Shop Drawings; Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architeot 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 I Nrcoordinated the inform_ ation contained within such submittals with the requirements of the Work and of the Contract IF Documents. 9r I § 3.'12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal IN- and revieiNpiw of Shop Drawings, Product 'Data, Samples or similar submittals until the respective submittal has been ,,: approved by the Architect. 9 19 § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of 99 responsibility for deviations from. requirements of the Contract Documents by the Architect' s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect 9911 m writing of such deviation at the time of submittal and ( 1 ) the Architect has given written approval to the specific devi9 3.ation 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. 9N9 9 § 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 written 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 AIA Document A201Tm - 2007. Copyright ® 1911 , 19150 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized s reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) i required to provide professional services in violation of applicable law. 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 cause such services or certifications to be provided by a properly 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 Nil such professional ' s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or 1 , 116 provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance1­ 6 and design criteria that such services must satisfy. Pursuant to this Section 3 . 12 . 10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor IF " I FF Ishall not be responsible for the adequacy of the performance and design criteria specified in the Contract IF; 6DOGUlnent& 1111.6- 6 1 16 § 3.13 USE OF SITE The C_11.61ontractor shall 111 confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules Nand regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. ' 16 Fill 1 11 IF § 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 UH its. parts fit togett. her1 1 .properly. All areas requiring cutting, fitting and patching shall be restored to the condition 111. IF IF .: existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. IF 66466 61 FlI , § 3.14.2 The. Contractor shall not damage or endanger a portion of the Work or fully or partially completed 666 6.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 such construction by the Owner or a separate contractor 1 6161.61 except with written con senf of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor' s consent to cutting or otherwise altering the Work. 1 16 § 3.15 CLEANING UP An 411.6 tt § 13, 15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operationsunder 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. 1 F41 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. Fill. 11 IF IF § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever 1166 6IF located. 66, 66 § 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 such 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 16 116 Ill 6 I ' ll 116 contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. Init. AIA Document A201 rm - 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1981 , 1983, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102568) i § 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, ill ILL L I' LL IN L losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, ' provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the I I- negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may liable, regardless of whether or not such claim, damage, loss or expense is L : Icaused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce I I 'LLL LLL, ILL I L ILL other rights or obligations of indemnity which 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 ILL indemnification obligation under Section 3 . 18 . 1 shall not be limited by a limitation on amount or type of damages, ILLCotmpensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or otherLLLLL employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1 .1 . 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. Li 'LL § 41. .2 Duties; responsibilities and limitations of authority of the Architect as set forth in the Contract Documents LL shall riot be restricted; modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. LL Lt L § 4.1 ,3 If the employment of.the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. '99 9 999r 99 gr L L LL 911. § 4.2 ADMINISTRATION OF THE CONTRACT 99 99 9L tL LL.LrL § 4.2.1 The Ari"LLchitect 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 LL I 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, L 99 and to determine in general if the Work observed is being performed in a manner indicating that the Work, when 99 fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to rr rr make exhaustive or continuous on=site inspections to check the quality or quantity of the Work. The Architect will 9. 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, except as provided in Section 3 . 3 . 199. 99 . § 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 report to the Owner ( 1 ) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor' s failure to perform the Work in a999 9 ccordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and LLLwill not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or Lr LL employees, or any other persons or entities performing portions of the Work. AIA Document A201 ^° — 2007, Copyright 031911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 19701 1976, 1987, 1997 and 2007 by The American Init. 8 Institute of Architects. All ri hts reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthonized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect' s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. It Lr § 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 tr Work in accordance with Sections 13 . 5 . 2 and 13 . 5 . 3 , whether or not such 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 su :authority sh ch all give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 11 § 4,2.7 The Architect willit 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 ir judgmrr ent to permitinni.t . adequatereview. Review of such submittals is not conducted for the purpose of determining the accuracy and cor.11mpleteness 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 Ir I 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, unless otherwise specifically stated by the Architect, 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 wilForepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regardilr ing concealed and unknown conditions as provided in Section 3 .7 .4 . _ __ __ _ 16666.6 It 66 § 4.2.9 The Architect will conduct irispections to determine the date or dates of Substantial Completion and the date I- I.- : of final completion; issue Certificates of Substantial Completion pursuant to Section 9. 8; receive and forward to the Owner, -for th1 6 , e Owner ' s review and records, written warranties and related documents required by the Contract and assembled by the Contractorpursuant 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 duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 66: § 4.2.11 The Architect will iinterpret and decide matters concerning performance under, and requirements of, the 6. Contract Documents on written request of either the Owner or Contractor. The Architect' s response to such requests 66 Ill . rrwill be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2. 12 Interpretations and decisions of the Architect w6 1 it It 16 ill 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 -irtand decisions,66 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. AIA Document A201 TU 111112007. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 19 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. U (811102568) User Notes: III § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect' response to such requests wi11 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 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 I X- 1Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub= subcontractor, § 51 AWARD 4F SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 , Unless : otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) 93 proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating ( 1 ) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply 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 3 hom the Owner or Architect has no reasonable objection. If the proposed but 1 .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 allowedfor such change unless the Contractor has acted promptly and responsively in submittingnames as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5,11SUBCONTRACTUAICRELATIONS r3 r By appropriate agreement, written where legally required for validity, the Contractor shall require each Sir rrSubcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by ill . 'Err I .rrrr terms of the ContractDocuments, and to assume toward the Contractor all the obligations and responsibilities, it i1 . rtl14 the responsibility for safety of the Subcontractor' s Work, which the Contractor, by these 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 AIA Document A201 TM — 907. Copyright © 1911 , 19150 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved . WARNING : This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. U (811102586) User Notes: be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4. 1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that 11 IL . 1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to I -ILL It I Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the SI'LL Iubcontractor and Contractor in writing; and I -ILL V ILL IL .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 It obligations under the subcontract. § 5.4.2 Upon such assignment,� if the Work has been suspended for more than 30 days, the Subcontractor' s compenILL sation shall be equitably adjusted for increases in cost resulting from the suspension. L ILL I ILL § 5.4.3 :Upon such assignment to the Owner under this Section 5 .4, the Owner may further assign the subcontract to a ILLsuccessor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, thII I - LLe Owner shall nevertheless remain legally responsible for all of the successor contractor' s obligations under the It LKII subcontract. VI.11 ILL ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 61 OWNER'S RIGHTi4TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1 .1 The Owner reserves the right to perform construction or operations related to the Project with the Owner' s own forces, and to award separate contracts in connection with other portions of the Projector other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is iIt- nvolved becauseI' LL of such action by the Owner, the Contractor shall make such Claim as provided in Article 15 . I ILL § 6.1 .2 When separtI ate contracts are awarded for different portions of the Project or other construction or operations on th'e site, the; terrn '"Contractor" 1 the Contract Documents in each case shall mean the Contractor who executes I -LL each separate Owner-Contractor Agreement. § 6, 1 ,3 ,.Th6 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 I 'LL ILL 11 other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any LL revisions to, the consK" Ltruction LLLschedule deemed necessary after a joint review and mutual agreement. The construction ILL I LLL LL schedules shall then constitute the `schedules to be used by the Contractor, separate contractors and the Owner until ILL subsI 'LLequently revised. LL I § 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, the Owner shall be deemed to be subject to the same obligations I IV ILL I LL LL and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding oCLLthers, those stated in Article 3 , this Article 6 and Articles 10, 11 and 12. ILL ILLLL § 6.2 MUTUAL RESPONSIBILITY § 42,1. 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 ILL Contractor's construction and operations with theirs as required by the Contract Documents. IN, § 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 report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that Inst AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28:34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) the Owner' s or separate contractor' s completed or partially completed construction is fit and proper to receive the Contractor' s Work, except as to defects not then reasonably discoverable. IF § 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. §124 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially C construction or to property of the Owner or separate contractors as provided in Section 10 .2. 5 . § 6.2.5 The Owner an �eacfir separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3 . 14. §116.3 OWNER'S RIGHT TO CLEAN UP 91 Fr r if a 99 dispute arises among theContractor, separate contractors and the Owner as to the responsibility under their respective contractst or maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean .99 up and the Architect will allocate the cost among those responsible. ARTICLE 7CHANGE$ IN THE WORK GENERAL § 7. 1 ,1 Changes in the Work may 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, 11Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall.proceed promptly, unless otherwise proviIt t ded in the Change Order, Construction Change Directive or order for a minor change in the Work. 1 11 r Ir § .7.2 CHANGE ORDERSr. rr r It- § 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; rr :r F: it .2irrr The amount of the adjustment, if any, in the Contract Sum; and Or r .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANIn :rGE DIRECTIVES rl :x IF § 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 ii it 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. IF 11 IF" § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. i , r IF § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be ased 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 AIA Document A201 TM 111112007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 19630 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) - I .4 As provided in Section 7.3 . 7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that 1 . application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 11 ILL § 7.3.5 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, L ILL provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or I ILL Contract Time. M ILL 11 ILI 11 11 L § .7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor' s agreement therewith, L EMI 11 11 includiILLng adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall 11%. be effective immediately and shall be recorded as a Change Order. nr- § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, MI the Architect shall determine the method and 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 proLML fit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a ML I reasonable amount. In .ME such case, and also under Section 7. 3 .3 . 3 , the Contractor shall keep and present, in such form FILL as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise Provided in the ContrIF act DocLE 1 uments, costs for the purposes of this Section 7.3 . 7 shall be limited to the following: . 1Casts of labor, ;including social security, old age and unemployment insurance, fringe benefits I II in Enn required by agreement or custom, and workers' compensation insurance; 91 1 .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; MI 9 L9 .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the LL 99 Contractor or. others; 4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the 39 WL-Anork; and , .5 Additional costs of supervision and field office personnel directly attributable to the change. LL I i.I.Linnnn LL 99 § 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 9.net decrease in the Contract Stun shallbe 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 991 , be figured on tfiel basis of net increase, Lif any, with respect to that change. nq § 7.3.9 Pending finaldetermination ofthe 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. EM." The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for p - FEE, the amount that the Architect determines, in the Architect' s professional judgment, to be 91 reasonably justified. The Architect' s interim determination of cost shall adjust the Contract Sum on the same basis 11 1LL 99 as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15 . LL I n LL 91 § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the I LL LL adjustments in the. Contract Stun 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. 9. LL 9 LL §7.4 MINOR CHANGES IN THE WORK it I The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. Init AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918; 1925, 1937, 1951 , 1958, 1981 , 1963, 1966, 1970 , 1976, 1987, 1997 and 2007 by The Americj43 Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorize reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted tomaximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566 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. IF IF § 8.1 .3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9 . 8 . § $. 1 .4 The term "day as used in the Contract Documents shall mean calendar day unless otherwise specifically IF .IF IF 1 11 defined. IF I § 8.2 PROGRESS AND COMPLETION .11 r IFIrrr rr IF " I § 8:2. 1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirIrlms 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, prematurely commence operations on . the IF site or elsewhere prior to the effective date of insurance required by Article 11 to be IF furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the I :Neffective date of such,ainsurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion win the Con ithtract Time. ; rr § ,1.3 DELAYS AND EXTENSIONS OF TIME § 8.3.11f the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of Irl I the Owner or Architect, or of 'nn 'employee of either, or of a separate contractor employed by the Owner; or by changes orderedlin thrrre Work :-, by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other 11 causes beyond the Contractor' s control; or by delay authorized by the Owner pending mediation and arbitration; or ir b" I rI . y other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change IF 1 .11Order for� such reasonable time as the Architect may determine. IF - Fit 1 r1rr . I § 8.3.2 Claims IF reto tilating me shall be made in accordance with applicable provisions of Article 15 . r IF § 8.3.3 This Section 8.3 does not IF preclude recovery of damages for delay by either party under other provisions of IF the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9. 1 CONTRACT SUM 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. rr 'IF r § 9.2•SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Fri .IF IF r Architect, before:the first Application for Payment, a schedule of values allocating the entire Contract Sum to the IF : 2FIF F arious portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as IF r , Ithe Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing Air the Contractor' s Applications for Payment. IF IF I § 9.3 APPLICATIONS FOR PAYMENT IF § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the 111I IF Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under IF rr SeIF ction 9,2, for completed portions of the Work. Such application shall be notarized, if required, and supported by Ill such data substantiating the Contractor' s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. Init. AIA Document A201 TM — 2007. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 24 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) § 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 material 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 Kit nsurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.31 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later thanthe 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, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PA1fMENT § 9.4. 1 The Architect wf ll, within seven days after receipt of the Contractor' s Application for Payment, either issue to the Owner a Certificate for, Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect' s reasons for withholding certification in whole or in part as provided in Section 9 . 5 . 1 . § 9,4.21h6issuance - f 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 comprising the Application for Payment, that, to the best of the Architect' s knowledge, in and belief the Work has progressed to the point indicated and that the quality of the Work is in accordance.with the Contract Documents. The foregoing representations are subject to An evaluation :of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent testsand inspections, to correction of minor deviations from the Contract Documents prior to completion and to, specific qualifications 'expressed by the Architect. The issuance of a Certificate for Payment will further Lim I constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for PaymentAl ill not be a representation that the Architect has ( 1 ) made exhaustive or continuous on- site inspections to check the qualityor quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3 ) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor' s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5. 1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect' s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4. 1 . If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequenI It tly discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to 1, rim rm % such extent as may 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; Init. AIA Document A201 TM — 2007. Copyright ® 1911 , 1915 , 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) .3 failure of the Contractor to make payments properly to Subcontractors or 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; 11 or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 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 material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the I . . lOwner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. 11 r I Ir § 9.6 PROGRESS PAYMENTS - I 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. §19.0 The Contractor , hall 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. IU 1 1. § 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 lid ire right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment 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 to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obliga#ion m to pay or to see to the payent of money to a Subcontractor, except as may otherwise be required by law. I- rtr,r 111.11'r r rt tr § 9.6.5Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided Irr in Sections 9.6.2, 9 . 6. 3 and 9. 6.4. r Lr rr ' Ir § 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 and 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, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity LL to anaward of:punitive damages against the Contractor for breach of the requirements of this provision. LL § 9.7 FAILLr IURE 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' written notice to the Owner and Architect, Init. AIA Document A201 T'" 111112007. Copyright ® 1911 , 19150 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 26 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) 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 shut- down, ;del: nIay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8. 1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work' for its intended use. IF § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept 11 1 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. ' IF§ 9.8.3 Upon If recnnn, eipt ofthe Contractor' s list, the Architect will make an inspection to determine whether the Work or designated pInFI - Fortion IF is substantially complete. If the Architect' s inspection discloses any item, whether or not FI included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner I can occupy I or utilize the Work or designated portion thereof for its intended use, the Contractor IF I IF shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification IF 1: by the ArI ' llchitect. 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 I It .1IF Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish 1 . responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance_ FF, and shall fix IF ,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 F 11 of the Work or designatennt ,d portion thereof unless otherwise provided in the Certificate of Substantial Completion. 11 Ft I I § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written IF 11 11 IF acAll I . ceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if IF 11 1 11 any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment 11 1 shall be adj4IFFusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. I .i not . -IFF § 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 I IFsuch portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented in Ito by the insurer as required under Section 11 . 3 . 1 . 5 and authorized by public authorities having jurisdiction over the Project Such FF ninninir Ininnninnpartial occupancIIIy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have acFILL cepted in writing the responsibilities assigned to each of them for payments, IF retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in IF I writing concerning the perioIIId: for correction of the Work and commencement of warranties required by the Contract IF Documents. When the Contractotin' Itr. 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 LL between the Owner and , Contractor or, if no agreement is reached, by decision of the Architect. I LL in § 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. LLL I IF I § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not IF 1 11 1 ConFit Fit ,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 written 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 and, when the Init. AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All tights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 1212112012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) 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 terms and conditions of 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 I .to the Architect ( 1 ) anaffidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Workfor 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 and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3 ) a written statement that the Contractor knows of no substantial 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 and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, 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. If such lien remains unsatisfied after I ' llpayments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in F11 I discharging such lien, including all costs and reasonable attorneys' fees. 1$.10-3 It after Sub antitill 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 and accepted. If the remaining balance for;. Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and > f bonds have been furnished, the written consent of surety to payment of the balance due for that Portion,. of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. I FL §It 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 mens, Claims, securityIF or or encumbrances arising out of the Contract and unsettled; .2 failure of the 'Work to comply with the requirements of the Contract Documents; or ' .3 termsof special warranties required by the Contract Documents. §:,g 10 5 Acceptance of final payment by the Contractor, a Subcontractor or material 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 Api 'Fplication for„ Payment. LL I ARTICLE 10 PROTECTION OFI.`PERSONS AND PROPERTY LL § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs LL in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY §102.1 The Contractor shall take reasonable precautions for safety of; and shall provide reasonable protection to IF prevent damageinjury or loss to , . 1 employees on the Work and other persons who may be affected thereby, LL ,2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the Fit ;site, under care, custody or control of the Contractor or the Contractor ' s Subcontractors or Sub- 11 subcontractors; 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. Init. AIA Document A201TM Fit 2007. Copyright © 1911 , 19159 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970 , 1976, 1987t 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21/2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, lilt. til :- 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 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 owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary far , 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 . F1 :and10.2: 1 .3 , except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to, the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor' s obligations under Section 3 . 18 . 11 1 § ,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 unsate condition9. . § 1018 INJURY OR DAMAGE TO PERSON OR PROPERTY 91 16 If either party suffers injury or damage to person or property because of an act or omission of the other party, or of 9. others for whose acts such p 1 66 arty is legally, responsible, written notice of such 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. 19 § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. 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 9 9 LL stop Work m the affe1, 999 cted area and report the condition to the Owner and Architect in writing. § 10.3.2U. receipt of the Contractor' s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance its found to be present, to cause it to be rendered harmless. Unless otherwise required by the 9,99 9 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 such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entitieLL s 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 r 91 esume 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 in the amount of the Contractor ' s reasonable additional costs of shut-down, delay and start-up. Init. AIA Document A201 T" — 28007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by All software at 11 :28:34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) § 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 nnn claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from L IF 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 (otherahan the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence III of.the party seeking indemnity. I Ant, § 10.3.4 The Owner shall not be responsible under this Section 10. 3 for 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 materials or substances required by the Contract Documents, except to the extent of the Contractor' s F - I11 fault or negligence inthe use and handling of such materials or substances. 11 tL § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs ( 1 ) for remediation of I' LL L a IF material or substance 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. nt § 10.3.6 If, withou11 " t 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 I In Contract Documents, ; the Owner shall indemnify the Contractor for all cost and expense thereby incurred. . § 10.4 EMERGENCIES IVI'II n an emrIr ergency affecting safety of persons or property, the Contractor shall act, at the Contractor' s discretion, to prevent threatened damage, injuII ry 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 : AII RTICLE 11 :Lr INSURANCE AND BONDS § 11 , 1 CONTRACTOR'S LIABILITY INSURANCE § 1rIL 1 .1 :1 The Contractor shall: II purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor' s operations and completed operations under the ContrIF—ar ­ rct and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor ornby anyone directly or indirectly employed by any of them, or by anyone for whose acts any of -_r-them- maybe liable: . 1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicableto the Workto be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor' s employees; .3 Claims fof damages because of bodily injury, sickness or disease, or death of any person other than the ContrIF acr. rI torLL ' s eLnn n A Claims for damages"insured by usual personal injury liability coverage, III .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible LLF property, including loss of use resulting therefrom ; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor ' s obligations under 11 Section 3 . 18 . § 11 . 1 !2 TherrrI irI nsurance required by Section 11 . 1 . 1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor ' s completed operations coverage, until the expiration of the period for correction Init. AIA Document A201T" — 28007. Copyright ® 1911 , 19152 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American 30 Institute of Architects. All ri hts reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (81110256 of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. ILL ILL I ILL § 11 .1 .3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of I ILL 11 11 1 I ILL 11 11 the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11 . 1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9 . 10.2 and thereafter upon renewal L . or replacement of such coverage until the expiration of the time required by Section 11 . 1 .2 . Information concerning reduI —ILLction of coverage ;on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. I ' M Amn Is — ILL § 1 -CIA The Contractor shall cause the commercial liability coverage required by the Contract Documents to include ( 1 ) the Owner, the Architect land 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 I I ' LL additional insured for claims caused in whole or in part by the Contractor' s negligent acts or omissions during the Contractor's completed operations. ILL I § 11 .2 OWNER'S LIABILITY INSURANCE The , he Owner shall be responsible for purchasing and maintaining the Owner' s usual liability insurance. ti ILI § 1ir : rt 1 ,3 PROPERTY INSURANCE § 11 .3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully L'Lauthorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder' s r ILL ILL ILLLL risk "all risk" or equivalentLr policy form in the amount of the initial Contract Sum, plus value of subsequent Contract rI Modifications and cost oI I f materr rials supplied or installed by others, comprising total value for the entire Project at L . the site on a replacement L. cost basis without optional deductibles. Such property insurance shall be maintained, Lrrrr unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9. 10 or until no person ILI rr Lr LL I or L.Lentity other than the Owner has an insurable interest in the property required by this Section 11 .3 to be covered, whichever is later. ThigIinsurance shall include interests of the Owner, the Contractor, Subcontractors and Sub- subcontraetors inthe Project. Property msurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication'I LLL of coverarr ge, theft; vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, d shall cover reasonable compensation for Architect' s and Contractor' s services I LL—L Iand expenses required as a result of such insured loss. ILL § 11LL 'I.3.1 .2 If the Owner ILL —does not intend to purchase such property insurance required by the Contract and with all of I ILLtheLL coverages in the amLiL;ount described above, the Owner shall so inform the Contractor in writing prior to LL rr commencerr ment of the Work. The Contractor may then effect insurance that will protect the interests of the ContractorLILL11 , Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged fo the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or is L.r maintain insurance as 'described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. LL 3r rr § 11 ,3:1 .3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11 .3.1 A This , property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11 .3.1 .5 Partial occupancy or use in accordance with Section 9. 9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or Init. AIA Document A201 TM 111112007. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11 .31 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, i which shall specifically cover such insured objects during installation and until final acceptance by the Owner; iL 11 " L this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11 .3.3 LOSS OF USE INSURANCE Fit The Owner, at the Owner' soption, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner' s property, including consequential losses due to fire or other hazards however caused. § 11 .3;4 If FILL , the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11 .3.5 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 theProject duriFL ng the construction period, the Owner shall waive all rights in accordance with the terms of Section 11 . 3 . 7 for damages caused:by fire or other causes of loss covered by this separate property insurance. All separate polieies shall provtde, this waiver of subrogation by endorsement or otherwise. § 11 .3.6 Before an exposureMloss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11 .3 . Each policy shall contain all generally applicable conditions, definifions,' exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been ' given to the Contractor . § 11 .3:7 WAIVERS OF SUBROGATION FX LF9 The Owner and Contractor waive all 'rights against ( 1 ) each other and any of their subcontractors, sub- I -LI LL 11subcFit LLontractors, aLittgents and employees, each of the other, and (2) the Architect, Architect' s consultants, separate contractors described m Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, I LL for damages caused by fire or other causes of loss to the extent covered by properly insurance obtained pursuant to thiLL s Section 11 .3 or oIL 'ther property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Archifect, Architect' s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub- subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effectL' LLL ive as to a person or entity even IF I.tl though that person or , entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay I IL I LLthe insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damageI I'LL d. §: :.,l 13.8 A loss insured under the Owner' s property insurance shall be adjusted by the Owner as fiduciary and made I ' LL I 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 . 3 . 10 . The Contractor shall pay Subcontractors their just shares of LL LL I I ILL insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. ­L I§ 11 .3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner' s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the AIA Document A201 TM - 2007. Copyright 01911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28:34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes : (811102566) Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11 .3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in - ' interest shall object in writing within five days after occurrence of loss to the Owner' s exercise of this power; if such objection is made, the, dispute shall be resolved in the manner selected by the Owner and Contractor as the method ofbinding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11 .4 PERFORMANCE BOND AND PAYMENT BOND § 11'.4. 1 The Owner, shall have the right to require the Contractor to furnish bonds covering faithful performance of It 11 the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11 .4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment IN: ItTI:t- III I . 11 1 of obligations arising under the Contract, the Contractor shall promptly famish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12. 1 UNCOVERING OF WORK §12.11:11f 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 LL Architect's examination and be replaced at the Contractor' s expense with 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, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner ' s expense. If such Work is not in accordance with the Contract Documents, such costs and the, cost of correction shall be at the Contractor ' s expense unless the condition was caused by the Owner or LLL a separate contractor in which eye Ithe Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether ,discdvered before or after Substantial Completion and whether or not fabricated, installed LL or Icompleted'. 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. § 12.292 AFTER SUBSTANTIAL COMPLETION 1 : 12111211121111 ,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 an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor andgive 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 2.4. Init. AIA Document A201 T'" — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 19870 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes : (811102566) I § 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 . § 1213 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, whether completed or In - In partially completed, of the Owner or separate contractors caused by the Contractor' s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. It: § 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 correinrction of Work asidescribed in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and hl no relahonsl ip to the time within which the obligation to comply with the Contract Documents M ay be sought to be enn-tiforced; nor to the time within which proceedings may be commenced to establish the lit 11 fill nContractor' 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 equitl Such adjustment shall be effected whether or not final payment has been made. ILI rr rr rr ARTICLE 13 ' MISCELLANEOUS PROVISIONS 1, A1111 § 13.1 GOVERNING LAW tr The Contract shall be governed by the law of the place where the Project is located except that, 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 m1 Section 13 .22, neither party to the Contract shall assign the Contract as a whole without written consent of the if other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally, responsible for all obligations under the Contract. jlrIt § 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 a11, l consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or, by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder In Lr.r shall be in ll addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by lalLLL LLLrw, § 13.4.2 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 there under, except as may be specifically agreed in writing. AIA Document A201 Tr — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987i 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 34 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) § 11M TESTS AND INSPECTIONS §:;l .5.1 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 ( 1 ) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. §- 13.5.2 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 . 5 . 1 , the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection ut 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 asprovided in Section 13 . 5 .3 , shall be at the Owner' s expense. § 13.5.3 If such procedures . for testing, inspection or approval under Sections 13 . 5 . 1 and 13 . 5 .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 mcludIng those of repeated procedures and compensation for the Architect ' s services and expenses shall be at the Contractor' s expense. § 13.5.4 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. All § 13.5.5 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. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST. , Payments due :and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties ! may 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 § 13.7 TIME LIMITS ON: CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution 'method selected in the Agreement within the time period specified by applicable law, tI but in any case not more . att,tn 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 13 .7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT I Intl § 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 or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, 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 I Z stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937 , 1951 , 1958, 1981 , 1983, 1988, 1970, 1978, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4388727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102588 .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 promptly, upon the Contractor' s request, reasonable evidence as required by Section 2.2. 1 . § 14. 1 .- 2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, 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' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.,I A If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner' s obligations under the Contract Documents with resp9r 9 ect to matters important to the progress of the Work, the Contractor may, upon seven additional days', written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14: 1 .3 . rrr rr im rr r. § 14.2 TERMINATION BY THE OWNER FOR CAUSE 9 9,9A § 14.2.9 111 The Owner may terminate the Contract if the Contractor , A I repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to "makepayment to Subcontractors for materials or labor in accordance with the respective rr agreements between the Contractor and the Subcontractors, .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. 9. 19 v. § 14.2.2 When , any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that tM sufficient " cause exists to justify such action, 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' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1I 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 Acceptt, assignment of subcontracts pursuant to Section 5 .4; and .3 9 91 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written r 99 r9 9 request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs r incurred by the Owner in finishing the Work. 999r 9- 99 99 § 14.2.3 Whenahe 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 maybe, 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. Init. AIA Document A201 TM 111112007. Copyright © 1911 , 1915, 1918, 19259 1937, 1951 , 1958, 1961 , 19631196611970* 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566 § 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 as described in Section 14. 3 . 1 . Adjustment of the Contract Sum shall include it 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 41 Upon receipt of written notice from the Owner of such termination for the Owner' s convenience, the Contractor. shall .1DUNcease operations as directed by the Owner in the notice; .2 Aake 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 Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES §15 1 CLAIMS § 15.1 ,1 DEFINITION A Claim is wdemand or assertion by one of the parties seeking, as a matter of right, payment of money, 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 . § 15.1 .2 NOTICE OF CWMS Claims by either the Owner or Contractor.must be initiated by written 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 must be mitiated within 21 days after occurrence of the event giving rise to such Claim or 13 within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15 13 CONTINUING CONTRACT PERFNut- L ORMANCE 66 t6 6 Pending 56666 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 'dilgently with performance of the Contract and the Owner shall continue to make payments in accordance with -the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15. 1 .4 CLAIMS FOR ADDITIONAL COST 66 If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall 6 . 1 61 It be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4 . § 15.1 .5 CLAIMS FOR ADDITIONAL TIME § 15. 1 .5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided 66 1 herein shall be, given. The Contractor' s Claim shall include an estimate of cost and of probable effect of delay on 1.6 ,6 Iprogress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1 .5.2 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. Init. AIA Document A201 TM . 2007. Copyright ® 1911 , 1915, 1918, 19259 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes : (811102566) i 1 1 § 15.1 .6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1 The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to j 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. rrrThis mutual waiver is applicable, with limitation, to all consequential damages due to either party' s termination in accordance with Article 14. Nothing contained in this Section 15 . 1 .6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION r - 11 r § 15.2.1 Claims, excluding those arising under Sections 10 .3 , 10.4, 11 . 3 . 9, and 11 . 3 . 10, shall be referred to the Initial IMF — tr Decision MakerI for initial decision . The Architect will serve as the Initial Decision Maker, unless otherwise r r : In in the Agreement.` Except for those Claims excluded by this Section 15 .2 . 1 , an initial decision shall be required is a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been OJNHIr rr —r rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide It dispute%tottrs between the Contractor and persons or entities other than the Owner. r—rat§ 15.2:2 Thr,rre Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the followi1 . ng 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, Ir or {5) adyise ''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: 'Ir rr It § 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 orr om 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 the Owner' s expense. tr rr such persons atIr Ir rr § 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 such 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 famished 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 input. § 15.295 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the InitiaLDecision 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 ih 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 1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision . AIA Document A2017M - 2007. Copyright 01911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987 , 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes : (811102566) i § 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. § 15.28 _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 fornin Sections 9. 10 .4, 9 . 10. 5 , and 15 . 1 .6 shall be subject to mediation as a condition precedent to Binding dispute resolution. I Milt It § 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 otherHarty 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 All 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: Arbitr61 ator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator ' s fee and any filing fees equally. The mediation shall be held in the place where the Projectxis 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 beradministered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. 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 61 I 'llwhich 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 lilt .1 mediation, but in no event shall it be `made after the date when the institution of legal or equitable proceedings based it . 11 1on the Claim would be barred by the , applicable statute of limitations. For statute of limitations purposes, receipt of a wrimia ­ tten 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 is any court having jurisdiction thereof. § 15.4.3 The foregoing ageement 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. I 'V § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, 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, an (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, 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 AIA Document A201 TM - 2007. Copyright © 1911 , 1915, 19181 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987 , 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes : (811102566) IF IF 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. IF IF § 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 the Owner and Contractor under this Agreement. IF IF IF IF jr IF If I rr IF t CLLL'LL r. LL rL Ir r IF r r IF r Lr Ir IF rr rr It IF I IF Lr. AIA Document A201 TM — 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 19761 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 40 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 :28:34 on 12/21 /2012 under Order No.4386727979_1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) Certification of Document's Authenticity A /A Document D401 T - 2003 I, Donald L. Tolliver, President, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11 :28 : 34 on 12/21 /2012 under Order No. 4386727979_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201TM — 2007lit 6 116 1 - 16, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. MIN PI {Signed) (Title) lilt 9999 1 r 96 919 16 91, :19:16i 6 16 fZ Z/ (Dated) rrrr9.19 116 99 1 99 rl: ii 1 99 C- 99 99 1 6-6r 66 tr r 9999 r.6 9r 6 1-6 166 �64 66 j:r it 16 96 6 16 6 tt 1.6 91166 66 61 rr 9.1 6666 16 6 19 99 161 999 r 99,99'.916 119% 616 6r 99 6t 19 r rr 99 6 99 1 99 99 r6 6 19 99 AIA Document D401 TM — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11 : 28:34 on 12/21 /2012 under Order No.4386727979 1 which expires on 02/05/2013, and is not for resale. User Notes: (811102566) t —