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HomeMy WebLinkAboutFluor Brothers -OFD Court St renovation 2009t ,(I ® off A is Document Al 01 TM -2007 Street. 54901 The Owner and Contractor agree as follows. Init. AIA Document A101 Tr^ — 2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961,1963, 1967, 1974, 1977, 1980, 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. 1 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. i I nis oocumeni nas Important Iegai consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 T°° -2007, General Conditions of the Contract for Construction, is adopted in this document by rnzation) reference. Do not use with other general conditions unless this � � 1 � 1y S tL UC t l OIl document is modified. 3- '116 description) Vation Street. 54901 The Owner and Contractor agree as follows. Init. AIA Document A101 Tr^ — 2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961,1963, 1967, 1974, 1977, 1980, 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. 1 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. i TABLE OF ARTICLES THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ARTICLE 1 THE DOCUMENTS ^ The Contract Docutktents consist of this Agreement, Conditions of the Contract (General, Supplementary and other C9rlitions ; Diawi g "Speciflea� ions, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement arzd Modiicarioris 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 ri the parties hereto and supersedes prior negotiations, representations or agreements, either lion of ,the Contract Documents, other than a Modification, appears. in. Article CONTRACT 9. HIS tecute the Work described in the Contract Documents, except as specifically indicated in the to responsibility of others. t J ' ENCEMENT AND SUBSTANTIAL COMPLETION ment of the Work shall be the date of this Agreement unless a different date is stated below date to be fixed in a notice to proceed issued by the Owner. �ment if it differs from the date of this Agreement or, if applicable, state that the date will be 1. § 3.2 The Contract Time shall be measured from the date of commencement. Init. AIA Document A101 — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987,1691, 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 2 prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. 0,: z § 4.1 The owner' shall s pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contracthe Contract Sum shall be Doilars ($ x'07 ,450 .00 E I }i1 )subject to additions and deductions as provided in the Contract Documents. i 'See i Attached Bi'd Form The Contract; Sum is d upon the following alternates, if any, which are described in the Contract Documents and are b�reby acct pted by the Owner: (State the nunbeYS or' other identification of accepted alternates, . If the bidding or proposal documents permit the Owner to accept other alternat�s;s�.ubseauent to the execution of this Agreement, attach a schedule of such other a Allowances included in the Contract Sum, if any: N/A (Ide'n`tify allowance and state exclusions, if any, from the allowance price.) Init. AIA Document A101 TM — 2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. 3 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Provided that an Application for Payment is received by the Architect not later than the twenty fifth ( 2 5th ) day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last ( ) day of the to3lowing ) month. If an,,Application for Payment >s received by the Architect after the application date fixed above, payment shall be made by the Owner not later than th i r t ( 3 0 )days after the Architect receives the Application for Payment. (Federal,-state or local laws may require payment within a certain period of tinge.) 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor m accordance with the Documents. The schedule of values shall allocate the entire Contract Sum among the vafous portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as 'a basis or 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 OVere'a y the Application for Payment. § 5 "1 6 Subject to other prov�stons of the Contract Documents, the amount of each progress payment shall be computed as follbcs k p ` jai '' 1 ,''Take that rhon of the Contract Sum properly alloc able to completed Work as determined by multtplymg 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 of ten ,percent ( 1 0 %). 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 'A201T' -2007, General Condttzons 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 - adv by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of e n percent ( 1 0 %) *' 3 'Subtract '' the ' � ajgregate of previous payments made by the Owner; and 4 Subtract a`r'nounts, 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 prog'res's payn enf amount determined in accordance with Section 5.1.6 shall be further modified under the following, crcumstari'ces: 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, Fr , 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 as follows: (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.) None. ' Init. AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 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. 4 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 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 a final Certificate for Payment has been issued by'the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the -Architect's final Certificate for Payment, or as follows: as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the other individual, not a party to this Agreement, to serve as Initial Decision Maker. �gr"ee, insert the name, address and other contact information of the Initial Decision Maker, if F :f a 9 M K' 4 LUTION but not resolved by, mediation pursuant to Section 15:3 of AIA Document A201 -2007, the fe resolution shall be as follows: �oz If the Owner and Contractor do not select a method of binding dispute resolution below, or >e in writing to a binding dispute resolution method other than litigation, Claims will be a: court of competent jurisdiction.) 'n pursuant to Section 15.4 of AIA Document A201 -2007 in a court of competent jurisdiction ❑ Other (Specify) AIA Document A101 Tm —2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIO 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. " .2 I ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) § 83 The Owner's representative: (Name, address and other'nformation) Chief Tim' Franz' —4— 4 -- § 9. .2 The General i.> § 9.1.3 The Supple Document nt is t his executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. mentary and other Conditions of the Contract: N/A Title Date Pages Init. AIA Document A101 rm —2007. Copyright@ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 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. 6 Unauthorized reproduction or distribution of this Ale 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. purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. lit 5 � lei 6 6 1 ; ARTICL�9Eh § 91 Tie Cont Sections below 1 0 § 9:1 1 The Contractor., ` i 9. .2 The General i.> § 9.1.3 The Supple Document nt is t his executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. mentary and other Conditions of the Contract: N/A Title Date Pages Init. AIA Document A101 rm —2007. Copyright@ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 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. 6 Unauthorized reproduction or distribution of this Ale 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. purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) 7 Additional documents` if any, forming part of the Contract Documents: AIA } Document E201TM -2007, Digital Data Protocol Exhibit; if completed by the parties, or the following: I N I 4 t i + t , R 2 Otte r documents, cry if any, listed below: here, any k iidditiohal documents that are intended to form part of the Contract Documents. AIA Document A201- ' provides that lidding 'requirements such as advertisement or invitation to bid, Instructions to Bidders, sample Sand the Contractor ' s bid are not pdrt of the Contract Documents unless enumerated in this Agreement. They ld be listed here onl`y Fif intended to be part of the Contract Documents.) Sdb attached "Supplementary Conditions to AIA Document A201- 2007." svF- 14l, IIR 1 {=S R7 h fit{ { I' s CLE To" JOURANCE AND BONDS Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document 'rements, if any, and limits of liability for insurance required in Article 11 of AIA Document AIA Document Al 017M — 2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The [nit. American Institute of Architects. All rights reserved. WARNING: This AIA"` Document is protected by U.S. Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIO 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. Number Title Date See Exhibit "B" 9.1.6 The Addenda, if any: Number Date Pages 7/1110: 8 All 7/16/08 All l; I E Q YI 'r - Ii x IAt 6 Port ons of Addenda to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 7 Additional documents` if any, forming part of the Contract Documents: AIA } Document E201TM -2007, Digital Data Protocol Exhibit; if completed by the parties, or the following: I N I 4 t i + t , R 2 Otte r documents, cry if any, listed below: here, any k iidditiohal documents that are intended to form part of the Contract Documents. AIA Document A201- ' provides that lidding 'requirements such as advertisement or invitation to bid, Instructions to Bidders, sample Sand the Contractor ' s bid are not pdrt of the Contract Documents unless enumerated in this Agreement. They ld be listed here onl`y Fif intended to be part of the Contract Documents.) Sdb attached "Supplementary Conditions to AIA Document A201- 2007." svF- 14l, IIR 1 {=S R7 h fit{ { I' s CLE To" JOURANCE AND BONDS Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document 'rements, if any, and limits of liability for insurance required in Article 11 of AIA Document AIA Document Al 017M — 2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The [nit. American Institute of Architects. All rights reserved. WARNING: This AIA"` Document is protected by U.S. Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIO 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. e i City of Oshkosh Mark Rohloff, City Manager, City of Oshkosh (Signature) r - Pamela R. Ubig, City Clerk, C' y of Oshkos (S nature) , Finance Director, City of Oshkosh (Signature) n Attorney, City of Oshkosh (Signature) 8 , r .� ��� �.. r AIA Document A201 -2007 Supplementary Conditions to AIA Document A201 -2007 The following supplements modify, delete from and add to the General Conditions of the Contract for Construction AIA Document, A201 -2007. ARTICLE 1. GENERAL PROVISIONS Change 1.1.8 to read "The Initial Decision Maker shall be the Architect." Add 1.2.3.1 as follows: "1.2.3.1 — In general, the Drawings are intended to nominate and establish the location, quantity and relationship of work, and the Specifications are intended to define the type and quality of materials and workmanship requirements of the work shown. In cases of conflict between the Drawings and Specifications or with either, the Contractor shall submit prompt request for direction before proceeding. The requirements for the greatest quantity or the highest quality shall govern unless otherwise . directed." Add 1.2.3.2. as follows: "1.2.3.2 ' When a requirement is made by the Contract Documents that is not possible to meet, such as the requirements for an unavailable material, the Contractor shall submit prompt notice to the Architect for direction under Article 4.2.1." Add 1.2.4 as follows: "1.2.4 Before bidding, ordering any material or doing any work, each contractor shall verify all measurements and conditions, existing and new, at the jobsite and be responsible for the correctness of the same. No extra charge or compensation will be allowed on account of difference between actual dimensions and conditions and the ones indicated on the Drawings." ARTICLE 2 OWNER Delete 2.1.2 in its entirety. Delete 2.2.1 in its entirety. Add 2.5 as follows: "2.5.1 The Contractor shall keep full and accurate records of all costs incurred and items billed in connection with the performance of the Work, including records of subcontractors, which records shall be open to audit by the authorized representative of the Owner or the Owner during the performance of the Work and for three years after Final Payment." �' a ARTICLE 3 CONTRACTOR Add 3.1.1.1 as follows: "The Contractor is responsible for determining that all of the Contractor's subcontractors are duly licensed in accordance with the federal, state and local licensing laws." Add 3.4.2.1 as follows: "3.4.2.1 By make requests for substitutions as provided above, the Contractor represents that the Contractor has personally investigated the proposed substitute and determined that it is equal or superior in all respects to that specified, represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; and waives all claims for additional costs related to the substitution that subsequently become apparent; and will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be completed in all respects." ( We need to Change 3.6 If we are making tax exempt purchases ) Change 3.7.3 to read "If the Contractor performs Work that the Contractor lmows or reasonably should know to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 3.7.4 Change "21 days" to "5 calendar days ". ARTICLE 4 — ADMINISTRATION TO THE CONTRACT Delete 4.1.3 in its entirety. ARTICLE 5 — SUBCONTRACTORS Delete 5.2.3 the second and third sentences. ARTICLE 6 — CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.3. Omit the words "the Architect ". ARTICLE 7 — CHANGES IN THE WORK (no changes proposed) ARTICLE 8 — TIME 8.1.4 Omit the words "unless otherwise specifically defined." Qe- O y . 8.3.1 Add the following sentence. "The Contractor shall give the Owner written notice of any delay, including delay caused by the Architect, as soon as possible but in any event within seventy two (72) hours of the beginning of the delay." Omit 8.3.3 in its entirety. ARTICLE 9 — PAYMENTS AND COMPLETION Of we I iii , dated dam ARTICLE 10 — PROTECTION OF PERSONS AND PROPERTY Delete 10.3.3 in its entirety. Modify 10.3.4 to read "The Owner shall not be responsible for materials and substances brought to the site by the Contractor." Delete 10.3.6 in its entirety. ARTICLE 11 — INSURANCE AND BONDS Modify 11.1.1 to read "The Contractor shall abide by the Document `City of Oshkosh Contractor's Insurance and Bond Requirements'." Delete 11. 1.2 in its entirety. Modify 11.3.1 to read "Contractor shall provide property insurance as required in the Document `City of Oshkosh Contractor's Insurance and Bond Requirements'." Delete 11.3.1.1, 11.3.1.2, 11.3.1.3, 11.3.1.4, and 11.3.1.5 in their entirety. Modify 11.3.2 -- B8 - ' r,r ae hiro T„ Delete 11.3.3, 11.3.4, 11.3.5, 11.3.6, 11.3.7, 11.3.8, 11.3.9 and 11.3. 10 in their entirety. 11.4.1 and 11.4.2 shall be amended to read: "11.4 The Contractor shall furnish performance and payments bonds covering faithful performance of the Contract and payment of the obligations arising thereunder. Bonds must be obtained through companies licensed to do business in the State of Wisconsin and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal to 100 percent of the Contract Sum." ARTICLE 12 — UNCOVERING AND CORRECTION OF WORK Delete 12.2.2.3 in its entirety. ' ARTICLE 13 — MISCELLANEOUS PROVISIONS Modify 13.1 to read "The Contract shall be governed by the law of the State of Wisconsin." ARTICLE 14 — TERMINATION OR SUSPENSION OF THE CONTRACT 14.2.2 Delete the phrase "upon certification by the Initial Decision Maker that sufficient cause exists to justify such action" from the first sentence." 14.4.3 Delete the phrase "on the Work not executed." ARTICLE 15 - CLAIMS AND DISPUTES 15.1.2 Change both "21 days" to "10 calendar days ". 15.1.6.2 Delete the phrase "except anticipated profit arising directly from the Work ". 15.2.2 Change numbered clause (3) to read: "forward the claim to Owner with a recommendation that the claim be approved ". 15.2.3 Add this sentence to the end of the paragraph: "The Owner may consider but is not required to authorize the retention of additional persons with expertise if requested under this paragraph." 15.2.4 Change the last sentence to read: "Upon receipt of the response or supporting data, if any, the Architect will either reject the claim or forward the Claim to the owner with recommendation that the claim be approved in whole or part." 15.2.5 Change the first sentence to read: "The Architect will evaluate claims by written decision and notify parties of any recommended changes to Contract Sum or Contract Time or both. Modify 15.2.6 by deleting the phrase "at any time, subject to the terms of Section 15.2.6.1" Delete 15.2.6.1 in its entirety. Delete 15.4 Arbitration and all of its subparts. 4 CITY OF OSHKOSH CONTRACTOR'S INSURANCE AND BOND REQUIREMENTS The Contractor shall not commence work under this contract until the Contractor has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on subcontract until all similar insurance required of the Subcontractor has been obtained and approved. I. INSURANCE REQUIREMENTS FOR CONTRACTOR— LIABILITY, BONDS & PROPERTY A. Commercial General Liability coverage at least as broad as Insurance Services Office Forms #CG 00 01 07 98 and #CG 25 03 11 85, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits: 1. General aggregate limit (other than Products- Completed Operations) per project $2,000,000 2. Products - Completed Operations aggregate 2,000,000 3. Personal and Advertising Injury limit 1,000,000 4. Each Occurrence limit 1,000,000 5. Fire Damage limit — any one fire 50,000 6. Medical Expense limit - any one person 5,000 7. Watercraft Liability, (Protection & Indemnity coverage) if the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products - Completed carried for two years after completion of work. Operations coverage must be B. Automobile Liability coverage Insurance Services Office Form #CA 00 01 07 97, with minimum combined single limit per accident for Bodily Injury and Property Symbol #1 -Any Auto basis. at least as broad as limits of $1,000,000 Damage, provided on a C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self- insured retention of $10,000. E. Aircraft Liability, if the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Also, see requirements under Section III. G. Bond Requirements 1. Bid Bond. The contractor will provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. 2. Payment and Performance Bond. If awarded the contract, the contractor will provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract's execution. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with a Best's Insurance Reports rating of no less than A- and a Financial Size Category of no less than Class VI. II. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR • All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements contained in Section I. above. III. APPLICABLE TO CONTRACTORS /SUBCONTRACTORS /SUB -SUB CONTRACTORS A. Acceptability of Insurers. Insurance is to be placed with insurers who have a Best's Insurance Reports rating of no less than A- and a Financial Size.Category of no less than Class VI, and who are authorized as an admitted.insurance company in the state of Wisconsin. B. The .City of Oshkosh, the City of Oshkosh's elected or appointed officials, and employees shall be named as additional insureds on all Liability policies for liability arising out of project work. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to City Clerk - City of Oshkosh. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City of Oshkosh. AIA Document A201. - 2007 General Conditions of the Contract for Construction for the following PROJECT: � (NaNe and location or address) Fire Station Renovation This document has important legal 100 Court Street consequences. Consultation with Q`shkosh, , WI 54,9 01 an attorney is encouraged with a" respect to its completion or modification. THE'OWNERi (Name and address) , r City 'of Oshko`sh 21'5 Ch6xcli Averie` O'shkoSh W 5 WNER OR BY SEPARATE CONTRACTORS 2K TIME 15 CLAIMS AND DISPUTES AIA Document A201 TM — 2007. Copyright @ 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 1 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. INDEX Architect's Administration of the Contract (Numbers and Topics in Bold are Section Headings) 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6;6, 9.9.3, 12.3 3.5.1, 4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6 ,9.8.2,9.9.3,9.10.1,9.10.3,12.3 1.1.7,1.5 Access `to Work Architect's Decisions 3.16,'6.2.1, 12.1 3.7.4, 4.2.6, 4.2 Z.4 .2:'11, 4.2.12, 4.2.13, 4.2.14, .... .............. 6.3.1,7.3.7,7_.3'.9;8.1 .3,8.3.1,9.2.1,9.4.1,9.5,9.8.4, 9.9.1-13.5.2, 15.2, 15.3 Architect's Inspections ......_............ ._._.......... I, 8.3.1, 9.5.1, 10.2.5, 3 "7.4,4.2.2,4.2. 9,9.4.2,9.8.3,9.9.2,9.10.1,13.5 15.2 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 1 Architect's Project Representative 4.2.10 Architect's relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9,6.4, 11.3.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits- 3.7.4, 4.2.2, 4. 1 2.1.9; 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7.1,11.3.9,11.3.10, 13.1.1,15.2.5,15.2.6.1,15.3,,1, 15.3.2, 15.4.1 7.3.7, 7.4, "" Boiler and Machinery Insurance 9.2.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.1!0.3; 12. 1, 11.3.2 12.2.1;13.5.1, 133.2, 14.2.2, 14.2,4, 15.1.3, 15.2.1 Bonds, Lien Architect 1 imitations of Authority and Responsibility 7.3.7.4, 9.10.2, 9.10.3 3.12.10,'4.1.2, 4.2.1, 4.2.2, Bonds, Performance,. and Payment 4.2.10; 4.2.12, 4.2.13, 5.2.1, 7.4.1, 7.3.7.4, 9.6.7, 9.10.3,11.3.9, 11.4 9.4.2, 9.5.3'; 9.6. 4';' 15.1.3, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Capitalization 1.3 3,'.9.4, 9.6.3, 9.7.1, 9. 10, Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for 1.3„ 3.10.2, 3.12.8, 3.12.9, 3.12.10, Portions of the Work 5.2 3.1.1, 15.3.2,15.4 Architect, Extent of Authority 2.4. 1,3.12.7,4.1,4.2,5.2,6.3.1,7.1. AIA Document A201 TM —2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. 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 2 / prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyrightCa)aia.org. Certificate of Substantial Completion Compliance with Laws 9.8.3, 9.8.4, 9.8.5 .1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, Certificates for Payment 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 4.2.1, 4.2.5, 42.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 9 10. 1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Concealed or Unknown Conditions Certificates of Inspection, Testing or Approval 3.7.4, 4.2.8, 8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 6.1.1, 6.1.4 ' .10.2,` 11.1.3 Consent, Written Change Orders 3 . 4 . 2 , 3.7.4,3:J2.9 3.44.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 1.1.1,2.4.1,3.4.2,3. 743..8.2.3,3.11.1,3.12.8,4.2.8, 9. 102,9.1.0 .3,11.3.1,13.2,13.4.2,15.4.4.2 5 2.3,7.1.2, 7 1.3, 7.2 T 2, 7.3.6, 7.3.9, 7.3.10, Consolidation or Joinder 8.3 9.3. 1 L, 9.10.3, 0 11.3.1.2, 11.3.4, 11.3.9, 1514.4'' 12. 1.2, 15.L CONSTRUCTION BY OWNER OR BY Change Orders'Defimtioif of SEPARATE CONTRACTORS 7 2.1 1.1.4, 6 z, ,,, �;; CAA ',IN TI1;E WORD Construction Change Directive, Definition of 221 31 A28 7,',721 731,7.4,7.4.1,8.3.1, 7.3.1 9.3 1 1 11 3 9 s Construction Change Directives y.SJi t S� i f ," 1 Claims, Defmrt'i . of 1.1 1 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 1F F 1 15 1`1 �s,� , 9.3.1.1 s „ar s »�a; CLAIMS ANl) DISPUTES Construction Schedules, Contractor's ,•' 324,611,631 7 910.4,10.3.3,15, 3.10 ,3:12.1,3.12.2,6:1.3,15.1.5.2 154 Contingent Assignment of Subcontracts Claims and Timely Asserticin of Claims 5.4, 14.2.2.2 15 4.1 Continuing Contract Performance ` Claims for Additional Cost 15.1.3 r 3 24 3 7 4, 6 1 1 '• 3 9 10 '3 2 f5 1.4 Contract, Definition of Claims for Additional Time 1.1.2 "15.1.5 CONTRACT, TERMINATION OR Concealed or Ul�tknown Conditions, Claims for SUSPENSION OF THE 374 5.4.1.1,1139,14.. i5l Clatii`s "or Da �I,x�„ 's „a Contract Administration 3 24,31$, 611 ,8 3 3,9 51, 9.6.7,10.3.3,11.1.1, 3.1.3, 4, 9.4,9.5 `R'2.4, 15. 1. 6 Contract.Award and Execution, Conditions Relating to i .,. Claims Subject to Arbitration 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 15 3;1 Contract Documents The _ • Clea7ntng Up 1 4 315, 6 3 Contract Documents, Copies Furnished and Use of CO mznenceme4it the Work, Conditions Relating to 1.5.2, 2.2.5, 5.3 of 2.2.1, 3.2.2;` 3.7 ' 3.10.1, 3.12.6, 5.2.1, 5.2.3, Contract Documents, Definition of `62.2;8.1.2,8.2.2,8 .3.1,11.1,11.3.1,11.3.6,11.4.1, 1.1.1 15 1` Contract Sum Commencement of the Work, Definition of 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, Communications Facilitating Contract 15.2.5 u Administration Contract Sum, Definition of 3 9.1, 4.2.4 9.1 Completion, Conditions Relating to Contract Time 3.4.1,3.11,3.15,4 .2.2,4.2.9,8.2,9.4.2,98,9.9.1, 3.7.4,3.7.5,3.10.2 ,5.2.3,7.2.13,7.31,7.3.5,7.4, 9.10” 12 2, 13 7, 14.1.2 8.1.1, 8.2.1, 8.3.1 9.5.1, 9.7.1„ 10.3.2, 12.1.1, 14.3.2, CONIPLETION,' PAYMENTS AND 15.1.5.1, 15.2.5 " " 9 r . Contract Time, Definition of Completion Substantial ' 8.1.1 42.9, 8.1.1; 81.3,'8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, CONTRACTOR 12.2, 13.7 3 Contractor, Definition of 3.1, 6.1.2 Init. AIA Document A201 TM —2007. Copyright @ 1888, 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. 3 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. Contractor's Construction Schedules Damage to Construction of Owner or Separate 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractors Contractor's Employees 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 12.2.4 11.1.1, 11".3.7, 14.1, 14.2.1.1 Damage to the Work Contractor's Liability Insurance 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 X 1.1 Damages, Claims for Contractor's Relationship with Separate Contractors 3.2.4, 3.18, 6.1.1, 8.3.3 9.6.7, 10.3.3, 11.1.1, and Owner's Forces 11.3.5, 11.3.7, 14 L3, 14 2.4, 15.1.6 112.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Damages for Delay Contractor's Relationship with Subcontractors 6.1.1, 8.3:3, 9.5.1.6, 9.7, 10.3.2 1.12, 3.3.2, 3 18.1, 3 18.2, 5, 9.6.2, 9.6.7, 9.10.2 of Commencement of the Work, Definition of 1.1.3.1.2, 11.3.7, sd�r``t Contractor's RelationshlF"with the Architect Date of Substantial Completion, Definition of 1.5,113,'3.2.2,3 .2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 8.1.3 3.7.4, 3 10, 3 11, "3.12 3 16 3..18, 4.1.3, 4.2, 5.2, Day, Definition of 2.2 7, 8 , �d 1 9.2, 9 3, 9i4, 9 . 9.8, 9.9, 10.2.6, 8.1.4 10.3' 11 3 7;1'2, 13.5; 15.1,2;,15;2.1 Decisions of the Architect Contractor's Repr, i ationsl 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 3.2.1 3 2 2'3 5 1 , 12.6; 6 2.2, 9.3.3, 9.8.2 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4, 9.5.1, 9.8.4, 9.9.1, o`3 n Contractor's Res P sibili t fo g or Performing the 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Work ay ° °' Decisions' to Withhold Certification 5`3 1, 6 1 3 6 9 5 1k10.2.8 9.4.1,.9.x, 9.7, 14.1.1.3 Contractor's Review of Contract Documents Defective or Nonconforming Work, Acceptance, 3 _ Rejection and Correction of Contractor's Rightto Stop 2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.52, 9.6.6, ` -9.7 9.8.2, 9.9.3, 9.10.4, 12.2.1 Contractor's Rtght�to Terrrilnate the Contract Defective Work, Definition of 14.'1, 15 1.6' " 3.5.1 Contracto`r's Subrrnttats Definitions 3103 11,3124,427 5.11, 5.2.3, 9.2, 9.3, 9.8.2, 1.1, 2.1.1,3.1.1, 51,3;12.1,3.12.2,3.12.3,4.1.1, 983,997,9.10.2; 9 0 11.1.3, 11.4.2 15.1.1,5.1,6 .1.27.2:1,7.3.1,8.1,9.1,9.8.1 z : Contractor's Superintendent ', Delays and Extensions of Time Contractor s Superviston and 3.2. 3.7.4, 5.2.3, 7.2.1,7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, Construction Procedures 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 3 3, 34, 3 12.10 4.2.2, 4.2.7, 6.1.3, 6.2.4, Disputes 71.3,735,737 82 10,12,14,15.1.3 6.3.1, 7.3.9, 15.1, 15.2 y , .,,. ,,, actual'Lzab lit Tns ,. _ Confrurarice' Documents and Samples at the Site 11:1;`1 8� 11.2 3.11 Coordination and Correlation Drawings, Definition of ". 12 3.2.1,3. '1'3.10 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications Drawings and Specifications, Use and Ownership of 3.11 3.11 Copyrights ' Effective Date of Insurance 1.5, 3.17 8.2.2, 11.1.2 ` Correction of Work Emergencies 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 121 "' 10.4, 14.1.1.2, 15.1.4 ' Correlation and Intent of the Contract Documents '` Employees, Contractor's 1.2 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, Cost, Definition of 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 7.3.7 Equipment, Labor, Materials or Costs 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13.1, 24.1, 3 24; 3 , 382,3..15.2,5.4.2,6.1.1,6.2.3, 3.15.1,4.2.6,4.2.7 ,5.2.1;6.2.1,7.3.7,9.3.2,9.3.3, 7 .3.3.3, 7.3.7, 7 3;8, 73.9, 9.10.2, 10.3.2, 10.3.6, 9.5.1.3, 9.102 , 10 10.2.4, 14.2.1.1, 14.2.1.2 11.3; 12.1.2, 112':1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5.1, 3.14,6.2.5 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Init. AIA Document A201TM - 2007. Copyright © 1888, 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. 4 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright(4 aia.org. Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3; . 9J, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final ,Completion and Final Payment 4.2.9, 9.8.2, 9 .10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 14.2.4, 14.4.3 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Consent to Partial Occupancy 1.5 Companies, Settlement with .4.10 6ENERA" 'PROVISIGONS Intent of the Contract Documents � 1.2.1 , 4.2.7, 4.2.12 f f 4.2.13 7.4 Governing LavV Interest 13:1dt' IW11§ - 13.6 a 3 ='f. Cruarantees (See WirrAnty) Interpretation . i� Iazardou�lViater><als z 1.2.3, 1.4, 4.1.1, 5.1, 6,1.2, 15.1.1" t _ 10.3 ` fxa�Bo�'zfi y Interpretations, Written €! l € Ideotification'of Subcantractors and Suppliers 4.211 4,2.12, 15.1.4 „ 5 2 1 '_ Judgment on Final Award 1 mm Indeficatton 15.4.2 r 3 17 1 3 18; 9 1Q 2 10 3 3; 10.3 10.3.6, 11 3.1.2, , E quipment Labor and Materials p 1E3 7 1.1 3„ 1:1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 15. 1 Inf � ormat on and Services Ike uired of the Own q 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 0.3.2, 9.3 3, 9.5.1.3, l { a ,rt 2 12 22,322 3124,3"1210,6,1.3, 9.10.2, 10.2.1, 10.2.4, 14 2 i„ 9 6 A , 96 "9 92 9 3, 10.3'.3,' 1 13.5.1, Labor Disputes Iql , 14 1513 - 1352141,14,14 8.3.1 ' ImiaT beetsion Laws and Regulation 1152 };tFf 1.5,3.2.3,3f,3., 31210,3.13.1,4:1.1,9.6.4,9.9.1, 7 Initial DeCIsioil, Definition of 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, t ift a 4 2Y V { fy 4i W ,� {I 3Ci8 1 T ,. 11.8 „ 13.6.1, 14, 15.2.8, 15.4 € € ri €l�� Ilutial Decision Maier, Decisions Liens ,F 14.2 2, 14 2, 4, 45- 2 , j 15 15.2.3, 15.2.4, 15.2.5 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Initial Decis�`r�n Maker, Extent, of Authority Limitations, Statutes of 14� 2, 14 2' 4 15 13,15.2.1, 15.2.2, 15.2.3, 15.2.4, 12.2.5, 13.7, 15.4.1.1 + 5. 5 fr Limitations of Liability In�t ry or Damage to Person or Property 2.3.1, 3.2.2, 3.5.1, 3.12.10, 3.17.1, 3.18.1, 4.2.6, 8 10 4!a 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, T &ions 11.1.2, 11.2.1,11.3,7, 12.2.5, 13.4.2 3:13, 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, 2.4, 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, 9.2.1, 9.3.1, 1 1.1 9.3.3, 9.4.1, 9.5, 9.6, 9.7.1, 9.8, 9.9, 9.10, 11.1.3, Instructions to the Contractor 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 3 24, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Loss of Use Insurance Instruments of Service, Definition of 11.3.3 1.1.7 Material Suppliers Tnsura ice "' E "" ° 1.5, 3.12.1, 4.2.4, 4.2.6, 5 2.f, 9.3 9.6, 9.10.5 y 3 18 1 6 1.1; 7 3J 9 3 2, 9.8 9.9.1, 9.10.2, 11 Materials, Hazardous " Insurance,' Boiler and Machinery 10.2.4, 10.3 Materials, Labor, Equipment and Inshfance,`Contractor's Liability 1.1.3, 1.1.6, 1.5:1, 3.4.1, 3.5.1, 3.8.2, 3.8.3, 3.12, 11.1 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, Insurance, Effective Date of 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 8.2.2, 11.1.2 14.2.1.2 AIA Document A201 TM -2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. 5 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. Means, Methods, Techniques, Sequences and Owner's Financial Capability Procedures of Construction 2.2.1, 13.2.2, 14.1.1.4 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Owner's Liability Insurance Mechanic's Lien 11.2 2.1:2 15.2.8 Owner's Loss of Use Insurance Me`dI tioi" 11.3.3 " 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, Owner's Relationship with Subcontractors 15.4.1 1.1.2, 5.2, 5.3, 5.4, 9.6A.9.10.2, 14.2.2 Minor Changes in the Work Owner's Right, to Carley Out the Work 1.1`.1', 3.12.8, 4.2.8, 7.1, 7.4 2.4, 14.2.2 iI MISCELLANEOUS PROVISIONS " Owner's' Right to Clean Up 13 6.3 Modifications, Defimtiozl„of Owner's Right to Perform Construction and to ,1 ' Award Separate Contracts Mo difications to the Contract 6.1 1:1.1, 1 L22 3 11 4 1 2 , 12.1,5.2.3, 7, 8.3.1, 9.7.1, Owner's Right to Stop the Work 10:3 2 11;3 1 2.3 1VIu`tual Reons> ihlp Owner's Right to Suspend the Work 62 Nonconforriung Work, A kance of 143 Owner's Right to Terminate the Contract 96:6,993,123 142 Nonconforming Work, Rejection and Correction of Ownership and Use of Drawings, Specifications 2 3.1, 2 4 1 3.5.1,4 2.6,6.2.4, 9.5.1, 9.8.2, 9.9.3, and Other Instruments of Service 9 10 4 12.2.1 1.1.1, 1.1.6, 1.1.7, 1.5,2.2.5, 3.2.2, 3.11.1, 3.17.1, �Kot ice 4.2.12; 5.3.1 2 2,11 2. 4 1, 3 14 , 3.7.2, 3.12.9, 5.2.1, Partial Occupancy or Use 9 7.1, 9 10, 10 2:2, 11 1 3; ;11.4.6, 12.2.2.1, 13.3,`' 9.6.6, 9.9, 11.3.1.5_ 13 5 1 13 5 2 14 1 4.2' ,. '15 2 8 154.1 Patching, Cutting and Notice, Written 3.14, 6.2.5 23:1, 241, 331 ,392,3129;3.12.10,5.2.1,9.7.1, Patents 91Q 10 22, 103 1 1 13 1 3.17 X15 2 8 4.1 Payment, Applications for ,< Notice'of Claims 4.2.5,7.3. 9, 9.2.1, 9.3, 9.4, 9.5, 9.6.3, 9.7.1, 9.8.5, 4 .5, 10.18 15 12 ' 15:4 9.10.1, 14.2.3, 14.2.4, 14.4.3 Notice of Testing and lnsp'ections Payment, Certificates for .,73;5 1, { 13 1152 4.2.5, 4.2.9,9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, Observatzoris Contractor's 9.10.3, 13.7, 14.1.1.3, 14.2.4 ` 3.2, "3 7 4 „ Payment, Failure of Occup4poy 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 2 2.2 9 11.3 1.5 Payment, Final orders, Written 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 1.1.4.5, 3, 3.9.2, 7, 8.2.2, 11.3.9, 12.`1,12.2.2.1, I 1 '1 2 ? 14.3 12.3.1, 13.7, 14.2.4, 14.4.3 13,$ 1 Payment Bond, Performance Bond and OW NER 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4 �. 2 Payments, Progress Owner, Definition of 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 2 1.1 Owner, Information and Services Required of the PAYMENTS AND COMPLETION 9 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3 6.1.4, 6.2,5, 9.3.2; Payments to Subcontractors 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2.1, 1 1.3, 13.5.1, 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4,, 9.6.7, ''11.4.8, 13 5 2, 141'x.14' 14.1.4, 15.1 3 14.2.1.2 i Owner's Author ty PCB 15,`211 2:31,24 .1,3.4.2,3.8.1,3.12.10,3.14.2, 10.3.1 1.3, 4 .2. 4;'4.2.9,5.2.1, 5.2.4, 5.4.1, 6.1, 6.3.1, Performance Bond and Payment Bond 7.2: 7.3.1;`8.`2.2,`8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, Permits, Fees, Notices and Compliance with Laws 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 Init. AIA Document A201Th — 2007. Copyright ©1888, 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. 6 Unauthorized reproduction or distribution of this Ale 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. Safety Precautions and Programs 3.3.1,4.2 * 2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 Samples, efinition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 '4 9 3, 9.6, 9.8.5, 9.10.3 13 6, 14.2.3; 15.1.3 1.4.11.1.3110, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Project, Defimtion of the , Separate Contracts and Contractors 1 1 14 1:1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 11.4.7, Protect Representatives 12.1.2 32. 10 i Shop Drawings, Definition of P oerty Titstxrance s it a,' ya 3.12.1 16 2 5, 11 Shop Drawings, Product Data and Samples s= PROTECTION `CSF PERSONS AND PROPERTY 3.11, 3.12, 4.2.7 • {. IEISf Y t. 1 f - I ; 1p rl i �; s k �i, Site, Use of `Regulations an Laws 3.13, 6.1.1, 6.2.1 3 12 10 3'A 3, 4.1.1, 9.6.4, 9.9.1, Sitelnspeettons 1 402.2 ­ 41 1;, 114 111, 1 3'4 13 51, 13.5.2, 13.6, 14, 3.2.2, 113, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 n 15 2 8 15 4. �� ,` Site Visits, Architect's 12election "of Wor, -" !, = 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13 =.5 >r „��' 3 5'.1 4.2.6, 12 2"1 ' Special Inspections and Testing 2e leases and Waivers of 1 lens 4.2.6, 12.2.1, 13.5 Specifications, Definition of the Repte5ehlafions $ 2.1, 9.3.3, 9.4.2, 9.5.1, Specifications, The 98.2,910'1 1.1.1,1.1. 612. 2,1.5,3::11,3.12.10,3.17,4.2.14 Representatives Statute of Limitations' 2` L�1, 3 1 1 3 9, 4.1 1, 4 2 `1,4.2.2, 4.2.10, 5.1.1, 13.7, 15.4.1.1 13 2 1 , ^r;`i� ' Sto pp m the Work g ,..,•,; i onsibiYity for hose performing the Work u tgRe9p T 2.3, 9.7, 10.3, 14.1 3 18, "i4 ' 2.3.,5.3.1, 6,1.3, 6.2, 6.3, 9.5.1, 10 Stored Materials Retamage s 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 d ' .93':1, 9 6 2 9 8;5; X 9.9.19.10.2, 9.10.3 Subcontractor, Definition of r Reyew of Contract Documents and Field Conditions by Contractor SUBCONTRACTORS 3.12 7, 6..1S ' ,''�' � 5 Review of Contractor's Submittals by Owner and Subcontractors, Work by Architect " 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 3.10.1,3.102;3. 11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 9.6.7 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, 11.4.7, 11.4.8, 3'12 14.1, 14.2.1 Rights and Remedies Submittals 1.1.2,2.3,2.4,3.5.1, 3.7.4,3.15.2,426,4.5,5.3;'`5.4, 3.10,3.11,3.12,4 .2.7,5.2.1,5.2.3,7.3.7,9.2;9.3, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7 10.2.5 1003„ 12.2.2, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 2.2 .4 13 4, 14, 15.4 Submittal Schedule Koyalties, Patents and Copyrights 3.10.2, 3412.5, 4.2.7 pP 31 ? 1 Subrogation, Waivers of Rules` lnd Notices; for Arbitration 6.1.1, 11.4.5, 11.317 15:4. I '''� .i Substantial Completion Safety of Persons and Property 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 10.2, 10.4 12.2, 13.7 AIA Document A201 TM —2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958,1961, 1963, 1966, 1970, 1976,1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treatises. 7 Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be J prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. Substantial Completion, Definition of Time Limits 9.8.1 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, Substitution of Subcontractors 4.4, 4.5, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 5.2.3, 5.2.4 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, Substitution of Architect 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14, 15.1.2, 4. 13 15.4 Sub`stitut ons of Materials Time Limits on Claims 3.4:2 3.5.1, 7.3.8 3.7.4, 10.2.8, 13.7, 15.1.2 Sub- sthcontractor, Definition of Title to Work 5.1.2 9.3.2, 9.3.3 "Subsurface Conditions Transmission of Data in Digital Form 4 1.6 Successors and Assigns UNCOVERING AND CORRECTION OF WORK Suiperinterident Uncovering of Work 39;1026�� , 12.1 Supervision and ConStructidn' Unforeseen Conditions, Concealed or Unknown § Procedures 12 10, 4.2 2, 42.7, 6.1.3, 6.2.4, 3.7.4, 8.3.1, 10.3 1'.3, 7 3 . 2, 8 3 1, 9.4.2, 10,12, 14, 15.1.3 Unit Prices Surety "'� 7.3.3.2, 7.3.4 5.4.1 2 9.8.5, 9 10.2 9.103 14.2.2, 15.2.7 Use of Documents Surety Consent of` 9 10 2, 9 10 3 IJSe of Site Surveys` .13, 6.1.1, 6.2.1 Values, Schedule of Suspens> on by the`Own`er i'or'Convemence 9.2, 9.3.1 14.3 ` Waiver of Claims by the Architect Suspension of the off_" 5.4.2 14 3 Waiver of Claims by the Contractor Suspension or 1 ernunatiori of fhe Contract 9.10.5, 11.4.7, 13.4.2, 5A. 1 11 9, 14 �;� °' 4 Waiver of Claims by the Owner Taxes ' 9.9.3, 9.10.3,9 .10.4 11.4.5, 11.4.7, 12.2.2.1, 363$2.1',73.7.4' 13.4.2, 142.4,.15.1.6 Ter nmatiout by the Oontractor Waiver of Consequential Damages 14.1 15 1 f' 14.2.4,15.1.6 Termination by the Owner for Cause Waiver of Liens 5.4.1 1,`4.2, 15. 6' F 9.10.2, 9.10.4 Termination b the Owner' " or Convenience Waivers of Subrogation 6.1.1,11.4.5,11.3.7 Ter rination of the Architect Warranty 4 1.3 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1 Termination of the Contractor Weather Delays f4.2.2 15.1.5.2 TERMINATION OR SUSPENSION OF THE Work, Definition of CONTRACT 14 Written Consent Tests and Inspections 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 3 1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9,2 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4:2 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 Written Interpretations TIME 4.2.11, 4.2.12 8 Written Notice Time, Delays and Extensions of 2.3 2.4, 3.3.1, 3.9, 3.119, 3.12.10, 5.2.1, 8.2.2, 9.7, 3 2.4 3 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 9.10,10.2.2,10.314 1 111 3 11.4.6, 12.2.2, 12.2.4, 13.3, 1, 14. 3.2 15:1.5 15.2.5 10 3.2 10 , , 14, 15.4.1 , . Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 [nit. AIA Document A201 TM — 2007. Copyright i1888, 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. 8 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in `'the"Agree'tnent and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written ' order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the ntr information furn sh d b in the Owner in antici of reeeivin bids orsproposals, In Bidders, sample forms, f; y p g the Contractor's bid or 5' p roposal, or portions of Addenda relating to bidding requirements. § 1 i.2 THE 66 the Contract Documents form the Contract for Construction. The Contract represents the entire and integrated +ra 4 a reement between g � tl' 6 parties hereto and supersedes prior negotiations, representations or agreements, either written { or oral The Contracf maybe amended or modified only by a Modification. The Contract Documents shall not be of n r construed to creat a contrac of any kind (1) between the Contractor and the Architect or the '` Architect's ebnsultants (2) between the Owner and a Subcontractor or a Sub - subcontractor, (3) between the Owner and die Archrtect of the Areh>tect s consultants or (4) between any persons or entities other'than the Owner and the Contractor The Architect shall, however, be entitled to performance and_ enforcement of obligations under the Contract intended to faeihtate performance of the Architect's duties. i; IV r 1 1 1.3 TH E WORK a ,� �,�r� >i The term `Work "' fi fis the construction and services required by the Contract Documents, whether completed or .rW. ii V #sr s .. parttally completee� +, and includes all otheraabor� materials, equipment and services provided or to be provided, by the ContractOr "to fulfill ihoe;C>'ontractor's obligations. The Work may constitute the whole or a part of the Project. 10I W § `I 14 THE PROJEC`f' � xn Ni The',Prolect'is the total construction of which the Work performed under the Contract Dacuments may be the whole or a part and uvluch'may include construction by the Owner and by separate contractors: bf "8 PHEDRAWINGS`,M t a of the Contract Documents showing the design, location and. -levations, sections, details, schedules and diagrams. locuments consisting of the written requirements for materials, the Work, and performance of related services. k 1.`1 7 INSYRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. §1.1.8 INITIAL DECISION MAKER I 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. § 12 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS u h , § 1' ­­ 1 ­­­ ' ­ ' 2 Te intent of the Contract Documents is to include all items necessary for the proper execution and conipletsriof the Work by the Contractor. The Contract Documents are complementary, and what is required by ohe'sha be as , Inding as if required by all; performance by the Contractor shall be required only to the extent consistenf`wbith the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A201 7 2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. 9 Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be J prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright@aia.org. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 13 Unless otherwise stated in the Contract Documents, words that have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of " numb ere d articles or (3) the titles of other documents published by the American Institute of Architects. § 14 INTERPRETATION Tn the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such .As the and ` but the fact that a modifier or an article is absent from one statement and appears in another is not ,intended to affect the interpretation of either statement. § 1 5 OWNE�tSFIIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE + tt , �a , , § 1 51 The Architect and the Ar`chitect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and othe'rreserved rights mcludirig`copyrights. The Contractor, Subcontractors, Sub - subcontractors, and material or equtpmenE suppli ' shall iidt 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 Publication in derogation d the Architect's or Architect's consultants' reserved rights. t I( S t Y § ;5. The :Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers are authorizedz to use and reproduce the Tnstrurnents of Service provided to them solely and exclusively for execution of the Work. All co p ies made under this authorization shallbear 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 Instriiments of Service on.otlier projects or for additions to this Project outside the scope of the Work without the specific Wrz fen consent of the Owner, Architect and the Architect's consultants. § TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend' to fxansrn tInstruments of Service or any other informationor documentation in digital form, they shall end6AVor fo establish necessary protocols governing such transmissions, unless otherwise already provided in the A g greement or the Contract Documents. rt ARTICLE 2 OWNER § 4, § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means he ner or th e Owner's authorized representative. t Ow § i1. The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information ecessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, it 'usually referred tows the site, and the Owner's interest'therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2 2 1 Pr>or';to commencement of the Work, the Contractor may request in writing that the Clwner provide Treasonable 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 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 the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. t AIA Document A201TM — 2007. Copyright @ 1888, 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 Ale Document is protected by U.S. Copyright Law and International Treatises. 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. Ini 10 § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 223 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 shall 'furnish information or services required of the Owner by the Contract Documents with reasonable promptness Tbe Owner shall also furnish any other information or services under the Owner's control an relevant t o written o awes {or's performance of the Work with reasonable promptness after receiving the Contractor ' s for such information or services. t ss otherwise provtded in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents fortirposes of making reproductions pursuant to Section 1.5.2. .t A m t t t t of k .i ry ix a § 2.3 OWNER'S RIGHT TO I OP THE WORK I � I�, t. If the Contractor fails to coxrect Work that is not in accordance with the requirements of the Contract Documents as a4WfB retltlxgd by Section 12 2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owz ex may'>ss1 e a tten order to the Contractor to stop the Work, or any portion thereof, until the cause for such g ° order has been elini"' dted, hoatev6r, the right of the Owner to ,stop the Work shall not give rise to a duty on the part of the O n6r to eXerVAe this tight for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6 1 3 yin � Q E S'2.4 1111ktk RIGHY TO CARIT 'OUT THE WORK �x neglects to carry out the Work in accordance with the Contract Documents and fails er receipt of written notice from the Owner to commence and; continue correction of such p ence and promptness, the Owner may, without prejudice to other remedies the Owner Ficiencies. In such case an appropriate Change Order shall`be issued deducting from r due the Contractor the reasonable cost of correcting such deficiencies, including pensation for the Architect's additional services made necessary by such default, neglect le Owner and amounts charged to the Contractor are both subject to prior approval of the n or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor the .Owner. ,', § 3.1 1 The Confractoz ;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 wfere the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections;0"approvals required or performed by persons or entities other than the Contractor: I�EVI W OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3;2 1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. AIA Document A201TM —2007. Copyright© 1888,1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright taw and International Treaties. 1 Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and wig! be / prosecuted to the maximum extent, possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright@aia.org. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, 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 purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall profiiptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 12.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable law's; statutes, ordinances'codes, rules and regulations, or lawful orders of public authorities, but the Contractor all promptly report t o the Architect any nonconformity discovered by or made known to the Contractor as a request for'nformation rn such form as the Architect may require. ves, that additional cost or time is involved because of clarifications or instructions the o the Contractor's notices or requests for information pursuant to Sections 3.2.2 or ike h daims as provided in Article 15. If the Contractor fails to perform the obligations contractor shall pay such costs and damages to the Owner as would have been i performed such obligations. If the Contractor.performs those obligations, the to the Owner or Architect for damages resulting from errors, inconsistencies or edinents, for differences between field measurements or conditions and the Contract mities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules rders of public authorities § 3.3 SUPERV1510N AND CONSTRUCTION. PROCEDURES §`3.3 1 The Contractor shall superv>se and - direct the Work, using the Contractor's best skill and.. attention. The Contractof shall be isolely respdf s' ible for, and have control over, construction means, method sequeinces' and pfocedures and for coordinating all portions of the Work under the Contract, unless the Contract meiiits give other specific instructions concerning these matters. If the Contract Documents give specific f instructi bids 'conceerriing"'construction means, methods, techniques, sequences or procedures, the Contractor shall 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, et; hods, techmes, qu sequences or procedures may not be safe, the Contractor shall give timely written notice to the n , Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect If the Contractor is then instructed to proceed with the required means, methods, techniques, seg V uences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner- required means, methods, techniques, sequences or procedures a.' § 3.3 .2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subeoniractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.41 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,' equlprrient, tools, construction equipment and machinery, water, heat, utilities transportation, and other facilities arei services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or riot incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 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. Init. AIA Document A201 2007. Copyright © 1888, 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 12 / prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyrightgaia.org. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except 'for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient rriaintenaned improper operation, or normal wear and tear and normal usage. If required by the Architect, tl>�e Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. a z h § 3.6 TAXES "The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are'rdeeived or negotiations concluded, whether or not yet effective or merely scheduled to 6 into effect. 1 r yl i § 3.7 PERMITS, SEES, NOVICES, AND COMPLIANCE WITH LAWS tt� z § 37 f U othrvnse ptovlded in the Contract Documents, the pertxilt as "well for othei perrruts, fees, licenses, and inspections execution 2nd completion ft work that are customarily secure for shall secure and pay for the building err agencies necessary for proper execution of the Contract and legally required at the time bids are received or negotiations concluded. 3:7 2 Contractor shall c^o ply with and give notices required by applicable laws, statutes, ordinances, codes, rules and and,l�wful orders of public authorities applicable to performance of the Work. ' at , § 3 7 3 J the Contr',actor performs Work knowing it to be contrary to applicable laws, statutes, ordma nces, codes, ` rules and re"gularions or la *ful'orders of public authorities, the Contractor shall assume appropriate responsibility lib. 3,.4 for Work and shall 1}ear'the costs attributable to correction. r4 t i ,i § 3.7 4 Conceale&or, Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface "or otherwise ,concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily '' found to ex>st`andigenerally recognized as inherent in construction activities of the character provided for in the +' Contract bocurneiits, 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 investigate such conditions and, if the Architect determines that they differ materially and cause an increase or l decrease iii tYte Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment x`nfthe 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 ,Eu terms ,if the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the 3�ur�, . reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. ' 0 ' ,7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence ofburial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them, and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue,with all other operations that do not affect those remains or features. Requests'for adjustments in the 3 Contrast Suni and Contract: Time arising from the existence of such remains or features may be made as provided in Article 1S § 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, Init. AIA Document A201 rm — 2007. Copyright © 1888, 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 J prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright@>aia.org. 13 but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, 1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, Less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and " .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly ,,by Change Order. The amount of the Change Order shall''Teflect (1) the difference between actual costs and ih allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 4 3.8.2 2 § 3 8 3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. S a.0 ourCKm I MUCly § 3.31 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance At the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to `the superintendent shall be as binding as if given to the Contractor. § 3. 9 The Contractor, as:: as practicable after award of the Contract; shall furnish in writing to the Owner through the' 'Architect the'name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor rn writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed'supennterident or, (2) that the Architect requires additional time to review. Failure of the Architect to re ly p;. within the 14 day shall constitute notice of,no reasonable objection. § 3. 9 i 3 The Contractor shall not`ernploy a proposed superintendent to whom the Owner or Architect h as 'made reas`onable and timely'obleett6h The, Contractor shall not change the superintendent without the Owner's consent, ig which shall not unreasonalZly'be withheld or delayed. f § 3.10 CONTRACTbR'S CONSTRUCTION SCHEDULES ' §3, 10 1 The Contractor' prorixptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's, infoimatzo#1 aContractor's construction schedule for the Work. The schedule shall not exceed time limits current under the "font act Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Profect, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious Arid practicable execution of the Work. �. § 3. 102 The ;Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's appr'o'val 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 submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. , §3 10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the;Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE 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 during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals T,he's'6'shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upori'coinpletion of the Work as a record of the Work as constructed, Init. AIA Document A201"m — 2007. Copyright © 1888, 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. 14 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. t §1 2 2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures,, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portio. n of the Work. `{ § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards byivhich the Work will be judged. § 3.12.4 Shop wings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is s to'demonstrate 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 subrtuttals. Revie� by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which,the Architect is not expected to take responsive action may be so identified in the Contract Documents. Subnuttals thatare'not the Contract Documents may be returned by the Architect without action. ss y ^ , r� 1� ontractor sha11 review for compliance with the Contract Documents, approve and submit to the JaWings Prouct Data, Samples and similar submittals required by the Contract Documents in th the subrriittal; schedule approved by the Architect or, in the absence of an approved submittal reasonable promptness and in such sequence as W-cause delay in the Work or in the activities of e€ separate ct�ntractors. I ° bmitting Shop I�`rawings, Product Dam. and similar submittals, the Contractor represents to 1 Architect that the Contractor has (l) reviewed and approved them, (2) determined and verified 3 measurements and field construction criteria related thereto, or will do so and (3) checked and x to inf y o q rmation contained within such submittals with the requirements of the Work and of the Contract 1 Mil � ontrctor shall "perform no portion of the Work for which the Contract Documents require submittal Shop br'awings, Product Data, Samples or similar submittals until the respective submittal has been h►e,Archztect�'' p �„ 312.8 The Work shall bein accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop f Drawings; productY7ata; Samples or similar submittals unless the Contractor has specifically informed the Architect ar µ ' + , m vyriting of suckx at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued � s i.l authorizing: the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop i Drawings, product D6fa Samples or similar submittals by the Architect's approval thereof. § 12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, 3 Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the f,> >.abs'ence 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 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) provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures The Contractor shall not be required to p rovide 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 �{ Coritractor'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 such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled Init. AIA Document A201 TM —2007. Copyright © i888,1911, 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. 15 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance 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 shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documen s. §` 3:13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Con tr t.:Documents and shall not unreasonably encumber the site with hidterials or equipment. § 3:14 CUTTING AND PATCHING § 3.141 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fi't pYoperly A11 areas requiring cutting, fitting and patching shall be restored to the condition e$sttng pr`'ox tOr he cutting, fitting and patching, unless otherwise required by the Contract Documents. 317 ROYALTIOSPATE § ` NTS AND COPYRIGHTS "The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and' patenf 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 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. } § 3:18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted bylaw the Contractor shall indemnify and hold harmless the Owner, Architect Arclaatect's consultants,'' and! agents and employees of any of them from and against &I air damages, losses atld 'expenses, including but not limited to attorneys' fees, arising out of or resulting m fro performance of the iglig ork, provided that such claim, damage, loss or expense is attributable to bodily, injury; sickness, disease or death, action of tangible property (other than the Work itself) but only to the extent caused by the o znlury to or h destr acts or' omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce Init. AIA Document A201 TM — 2007. Copyright © 1888, 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. 16 Unauthorized reproduction or distribution of this Ale 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they maybe liable, the inde'tniiification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ' 4 ARCHITECT § 41 GENERAL 641.1 The Owner shalt r'efain an architect lawfully licensed to practice architecture or an entity lawfully practicing �i architecture the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement an is refereed to throughout the Contract Documents as if singular in number. § 4, "1,2 Duties ° ;1esposib ides; and limitations of authority of the Architect as set forth in the Contract Documents shall not be 'restricted modified " extended without written consent of the Owner, Contractor and Architect. Con.cPnt ghaTl net ha nnrx'easbnably withheld. ' l l 131f the !ernploynnenE of the Architect is terminated, the Owner shall employ a successor architect as to whom Contractor has: no reasonable objection and whose status under the Contract Documents shall be that of the hitect. Y t' ADMIN(STRATION` bF TH"E CONTRACT 211 Tfie Architect will provide' administration of the Contract as described in the Contract Documents and will be )wner's during construction until the date the Architect issues the final Certificate For Payment. Architect will ha'ye authority to act on behalf of the Owner only to the extent provided in the Contiact I t t �uirients : ' 3!I 1 �j� kd'` pY 6� � iiti 21 The Architect, vsrt'tlie site at intervals appropriate to the stage of construction, or as otherwise agreed 114,6 wrier to bec�ome' � familiar with the progress and quality of the portion of the Work completed, 3 r F N t t6 determine in general if the Work observed is being performed in a manner ndicating that the Work, when completed k+ wi11 be in accfrdarice with the Contract Documents. However, the Architect will not be required to re exhaustive oz contmizoiis on -site inspections to check the quality or quantity of the Work. The Architect will o c ", have control over, t barge of, or responsibility for, the construction means, methods, techniques,` sequences or cedures, r�r for the safety precautions and programs in connection with the Work, since these are solely the itractor's rights end > esponsibilities under the Contract Documents, except as provided in Section 3.3.1. Ni , , is § 4 3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality ofJhe portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents `arid fr'oiri tide 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'iri accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of an will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 3 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 thron'gh the Architect. Communications by and with Subcontractors and material suppliers shall he through the CoAtractor.`_Coih unications by and with separate contractors shall be through the Owner. s i'# § 41 5 Based on't ie 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 necess or advisable, the Architect will have authority to require inspection or testing of the Init. AIA Document A261TM' — 2007. Copyright © 1888, 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. 17 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 taw. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. 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 such authority shall 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. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as .Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance t 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 easonable promptness while allowing sufficient time in the Architect's professional ,r judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and'e mpleteness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance.of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract'Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor 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, techni ques sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an § 42'. 8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor cl'ange`s in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recoixiiiiendations regarding concealed and unknown conditions as provided in Section 3.7.4. a e k a - § 4 2.9 he Architect will conduct inspections to dete e the date or dates of Substantial Completion and the date of final completion, issue Ce'fcates of Substantial Completion pursuant to Section 9.8; receive and forward. to the Owner, for the'Ownef's review and records, written warranties and related documents required by the Contract and assembled` by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to F Section 9 `10 j 4. § 4.210 If the Owner'and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architec't's responsibilities at the site. The duties, responsibilities and limitations of authority of such 13rolect representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. a ,yi " § 4;2 11 The Architect wiTf�interpret and decide matters concerning performance under, and requirements of, the All Contract DOCurllentS on written request of either the Owner or Contractor. The Architect's response to such requests will be made m writing within any time limits agreed upon or otherwise with reasonable promptness. e reta'tions and decisions § 4.2 12 Int rp of the Architect will be consistent with the intent of, and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisiohs,i the ° Arclii'tect will endeavor to secure faithful performance by both Owner and Contractor, will not sho 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. i - § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be ,made in writing within any time limits agreed upon or other wise ,with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. k ARTICLE,5. Sf1BCONTRACTORS - § 51 DEF "' ION i t § 5:1 1 A Subco-iitractor 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. Init. AIA Document A201 rm — 2007. Copyright © 1888, 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. 1$ 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 maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub - subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. § 5 2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK " §'5:2:1• Unless otherwise stated in the Contract Documents 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 p'ers "o'n`s or entities (including those who are to furnish materials or equipment fabricated do a special design) pr`op'osed 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 "I 1-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 ir`easonableand timely objection. The Contractor shall not be required to contract with anyone to whom the 5: y § 5 13 If the Owner 6f Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejecte 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 1hange, and an appropriate Change Order IR shall be issued before cornmencerrient of the substitute Subcontractor's Work. However, no increase in the Contract t ISurn or Contract Tim shall be allowed for such change unless Contractor has acted promptly and responsively i tii'Subrnttting namr s' required § 5.2 4 1<'he Contractor shall not substitute a Subcontractor, person or entity previously selected if the Own , er or Architect "makes xeasdinable obl66iion to such substitution. - '4 ° ° Hk y� .M 7 f°Sciss {lei 5.3 RELATIONS t1�4 By approprlate agreement where legally required for validity, the Contractor shall require each Subcontract "tor, to `the ektent of the Work to be performed by the Subcontractor to be bound to the Contractor by {terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, sneluding the respons'bllity'for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall p reserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontractEng thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically } ' provided otherwise in.tle sul °contract 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 Contracfo "hshall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor srtafl 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 rf i't K;f. 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. i § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of 'the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and 2,> assignment! is subject to the prior rights of the surety, if any, obligated bond relating to the 3 Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. Init. AIA Document A201 rm — 2007. Copyright © 1888, 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 Ale Document is protected by U.S. Copyright Law and International Treaties. 1 9 Unauthorized reproduction or distribution of this Ale 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. purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright@a!a.org. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5 .3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a succes §or'contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the ''Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. AR TCC,LE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 61'OWNER'S RIGHT TO 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 awardseparate contracts in connection with other portions of the Project or 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 involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6J.2 When separate contract's are awarded for different portions of the Project or other construction or operations on the site. the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes 1, § 61 3 The'Owner` `shall pr`avide for coordination of the activities of the Owner's own forces and of each separate corxtractot with the Work of the Contractor, who shall cooperate with them. 'The Contractor shall participate with otfii" r s` pante contractors'aiid the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the cotstruction schedule deemed necessary, after a'joint review and mutual agreement. The construction schedules'' then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised 6.1 4 Unless otherwise'ptovided�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 and to hav Swine rights that apply to the Contractor under the Conditions of the Contract, including, without 1 eXciudin'g'6tbers those stated'in Article 3, this Article 6 and Articles 10, 11 and,124 § 6 2 MUTUAL RESPONSIBILII Y § 611 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and ✓ y .,.. storage of their materials and equipment and performance of their activities, and shall connect and coordinate the 'Contractor's cdnstruction and operations with theirs as required by the Contract Documents. § 6.214f part of the Contracttor's Work depends for proper execution or results upon construction or operations by the dwner br 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 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. § 623 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage'to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially " "' { completed eo nstruction or to property of the Owner, separate contractors as provided in. Section' 10.2.5. § 6.2 5 The ° Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. Init. AIA Document A201 TM — 2007. Copyright ©1888, 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. 2® 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright@aia.org. § 6.3 OWNER'S RIGHT TO CLEAN UP - If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. AItfiICLE 7, CHANGES IN THE WORK 71 GENERAL § 7,1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the C'ortract, 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. § 71.2 A Change Order shall be based upon agreement among the Owner,'Contractor and Architect; a Construction Change Directive require' agreement by the Owner and Architect and may or may not be agreed to by the Cori der for a minor change in the Work maybe issued by the Architect alone. tractor an er § 71 3 Changes n- the 4�ork shall be performed under applicable provisions of the Contract Documents, and the TT Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order fora mrn6t change Tn the Work. owNY' � tten instrument prepared by the Architect and signed by the Owner, Contractor and l upon all of the following: le'VVork; le adjustment, if any, in the Contract Sum; and adjustment, if any in the Contract Time. I'' DIRECTIVES Directive is written order prepared by the Architect and signed by thez Owner and the Work prior to agreement on adjustment, if any, in the ContractSum or Contract 'by Construction Change Directive, without invalidating the Contract, order changes scope of the Contract consisting of additions, deletions or other revisions, the ae being adjusted accordingly. Directive shall be used in the absence of total agreement on the terms of a Change 'hange Directive provides for an adjustment to the Contract Sum, the adjustment shall be ttual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to 2 .," U"'it pri*6' stated in the Contract Documents or subsequently agreed upon; Y , .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or 4 t 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 a lication 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. § 7 Upon receipt of a Construction. Change Directive, the Contractor shall promptly proceed with the change in the'ork involved and advise the Architect of the Contractor's agreement or disagreement. with the method, if any, i r:� - provided in the Construction" Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. AIA Document A201 TM —2007. Copyright @ 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING : This AIA Document is protected by U.S. Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this Ale 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 7.37 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, 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 ataiotint for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and,present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise } provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, in social security, old age and unemployment insurance, fringe benefits �.,. required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or s` consumed,'`. 3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor `6?' others; 4' Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to ' x1� +1 the Work, 2nd 5' x 4iy Adchtiohal'costs of supervision and field office personnel directly attributable to the change. § T$ 8 The;amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decreasz m the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and icredltsovenng related Work f or substitutions are involved in a change, the allowance for overhead and profit shall .; be figured opt the basis net increase, if any, with respect to that change. § 7. 14 qp ing final determination of the total cost of a Construction Change Directive to the Owner, the Contractor mad requ'es't payineht for V� oriC completed under the Construction Change Directive in Applications for Payment. The Architect will'make'an interim determination for purposes of monthly certification for payment for those costs , and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasoknably justified Ihe'Architec` s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order; subject to the right of either party to disagree and assert a Claim in accordance with Article 15. �t ti z § 7. 0 cn the Owner'and Contractor agree with a determination made by the Architect concerning the adjustments m the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such ''agreement shall be': effective immediately and the Architect will prepare a Change Order. Change Orders may be issued foi `all or and part of a Construction Change Directive. § 7:4 MI IN THE WORK The Architect has�uthority 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. ARTICLE S ` TIME' § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be AIA Document A201 TM — 2007. Copyright @ 1888, 1911, 1915, 1918, 1925, 1937,1951 1958, 1961, 1963,1966, 1970, 1976, 1987, 1997 and 2007 by The Init. 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 22 / prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. 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 PAYMENT § 4;1 The Architect will, 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 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. The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, ' based on the Architect s evaluation of the Work and the data com'prisang.the Application for Payment, that, to the 6 != nest of the AAitect s knowledge, information and belief, the Workhas progressed to the point indicated and that the_quality of the Work is it 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'tests''and ins sections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualrficatzons &pressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that t'he Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for'�ay will not be a representation that the Architect has (1) made exhaustive or continuous on- Site ins eetons to check the duality or quantity of the Work, (2) reviewed construction means, methods, techniques, ; sequences or proeedur. t3) reviewed copies of requisitions received frgm Subcontractors and material suppliers and other data requested 15 t, e Owner to substantiate the Contractor's right to payment, or (4) made examination to a`so " rtain hoiv or for w O purpose':the Contractor has used money previously paid on account of the Contract Sum. § S DECISIONS 6'WITHHQLD CERTIFICATION Vatlijiold a Certificate forPayment in whole or in part, to the extent reasonably necessary nthe' Architect's opinion the representations to the Owner required by Secti6n''9.4.2'cannot is`unalale to certify payment in the amount of the Application, the Architect will notify the r pr6* de'd in Section 9.4.1. If the Contractor and Architect cannot agree on °a revised h,pxgtriptly issue a Certificate for Payment for the amount for which the Architect is able to > #s' 'the Owner. The Architect may also withhold a Certificate for Payment or, because of evidence, may nullify the whole or apart of a Certificate for Payment previously issued, to &8e §4(fy in the Architect's opinion to protect the Owner from loss for which the Contractor ' s 'resulting from acts and omissions described in Section 3.3.2, because of Work not remedied; ,,claims filed or reasonable evidence indicating probable filing of such claims unless cceptable to the Owner is provided by the Contractor; the Contractor to make payments properly to Subcontractors or for labor, materials or 4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 5 ! damage't'o the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the W , inpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 7 repeated failure to carry out the Work in accordance with the Contract Documents. § When the above reasons for withholding certification are removed, certification will be made for amounts p f6iously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, I , ufl , issue joint checks to the Contract& and to any Subcontractor or material or equipment suppliers to' whom the Col fade to make payment for Work properly performed or material or equipment, suitably delivered. If the C)wnermakes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such Vaynient orr the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and with the time provided in the Contract Documents, and shall so notify the Architect. AIA Document A201 Tm — 2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING. This AIA Document is protected by U.S. Copyright Law and International Treaties. 24 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. §'8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at anytime in the commencement or progress of the Work by an actor neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed' by the Owner; or by anges ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contra'ctor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change &aeer for such reasona: e dine as the Architect may determine. §,8 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8. 3 Th s ;t Sectioii 8 `does not preclude recovery of damages for delay by either party under other provisions of r the Contract Documents § 91 C( WRACT SUM The Contract Sure 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. . o § 2 SCHEDULE 0P VALUES Where the Contract is based oh a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect before` the fitst Application for Payment, a schedule of values allocating the entire Contract Sum to the Varidus`pbrtions of the Work and prepared, in such form and supported by such data to substantiate its accuracy as the Architect mad "require phis schedule; unless objected to by the Architect, shall be used as'a basis for reviewing "i the Contractor's Applr6atioh§ for Payment. §A3 3 APP I'CAT10 „ NS �'OR PAYMENT § 9 . 1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under ,.p ,., Section 9.2 , for coiripteted portions of the Work. Such application shall be notarized, if required, and supported by f ubs such data `stantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of h requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract 7 § 9 31 1 A 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 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. q.12 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 in ance,'storage'and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Paymen ha been previo issued and payments received from the Init. AIA Document A201 TM —2007. Copyright @ 1888, 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. 23 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in a similar manner.: § 9,6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, inforrnation regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor 9.6.4 The Owner has the right to request written evidence from the-Con tractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted B 7➢ � Wa'rk If the Contractor faits 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 o'I go tion,topay or to see to the payment of money to a Subcontractor, except as may otherwise be required bylaw. Vk , 1. 01 0 } � 9.6 . 5 Contraetor.pa"yffients to material and equipment suppliers shall be treated in a manner similar to that provided iri Sections 9 26 2, 9 6 3 ana 9 b 4 y _. vf !t g 4s V Certificate for PA merit, a progress payment, or partial or entire use or occupancy of the Project by the ­­ Owner �ot ccsnstitute acceptance of Work not in accordance with the Contract Documents. 4 § 9. 7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received' by 'the C ­' ontractor for Work properly performed by Subcontractors and suppliers shall be held by th ' , e "Contractor for ; those Suhcoritractors or suppliers Wh'o performed Work or furnished materials, or both, under. contract with the Coniia"Mt for which payment was made by the Owner. Nothing contained herein shall require money too be placed in a soparate aceount'and not commingled with money of the Contractor, shall create any fiduciary liability or tort liabiity on the part of the Contractor for breach of trust or shall entitle any person or entity { iglt to an award of pumt, via ages against the Contractor for breach of the requirements of this provision. t < =s`irM t'' rr'' § 5 7 FA LURE 6FPAYMENT `If the Architect doe ff6t issue a Certificate for Payment, through no fault of the'Contractor, within seven days after receipt of the 'Coritx °actor's i 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 resoiutlon ;then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop t il payirlent of the amount owing has been received. The Contract Time shall be extended appYopnately and "the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut- dotu fi, ilzlay aird start-up, plus interest as provided for in the Contract Documents. raa r iau f rwii^ :ztw;, -, WAW A COMPLETION ubstantial Completion is the stage in the progress of the Work when the Work or designated portion thereof tently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. „ § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8 3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or I designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not iricXuded oil the Contractor'.s list, which is not sufficiently complete in accordance wit h the Contract Documents so that the Ownez='ean occupy or utilize the Work or designated portion thereof for'its intended use, the Contractor sfiall, before rssunnce of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. Init. AIA Document A201TM —2007. Copyright ©1888, 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. 25 Unauthorized reproduction or distribution of this AIO 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work r designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAC'OCCUPANCYOR USE § 9 9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion Is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the r" as requlre'd under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the' Owner end Contractor have'accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, ; aini6nance, heat, utilities, damage to the Work and insurance, and have agreed in writing ' r i lie period for correction of the Work and commencement of warranties required by the Contract Document`s ". When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall, not be onably w withheld. The stage of the progress of the Work shall be determined by written agreement bety­ieen tote" Own and or, if no agreement is reached, by decision of the Architect. § i 9 } 9 2 Immediate rior to such 1 } y p •partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work . be used in order to determine and record the condition of_the Work f F 11. ; v § 9.93 Unless otherw> e agreed upon, partial occupancy or use of a portion or portions of the Work shall not 4 •' constitute acceptance,of,Work not complying with the requirements of the Contract Documents. LEtION`AI�rD FINAL PAYMENT § 9 '10 FINAL COMP ,.�... .� _ § 9.10.1 Upon redetpt 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 Architect finds the Work. acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a n 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 entided to final payment have been fulfilled. § 9.101 Neii er' final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect 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 lie`Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data 1 establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or'encprnbrances ar sing out of the Contract, to the extent and in such form as may be designated by the Owner If a S S'ubcontractor 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 payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. AIA Document A201 TM —2007. Copyright @ 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 26 Unauthorized reproduction or distribution of this Ale 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining, balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Docimeni , and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion 6f 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, a,, except that it shall not constitute a waiver of claims. §.9.10.4 The making of final payment shall constitute a waiver of Claims; by the Owner except those arising from 1 liens Claim's, security interests or encumbrances arising out `of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or 3 '' 'terms Qf special warranties required by the Contract Documents. 5 Aca`ept "ance, of final payment by the Contractor, a Subcontractor or material supplier shall constitute a er of claims by that payee'except those previously made in writing and identified by that payee as unsettled at me of final Application for payment. CLE 10' PROT � � r C i �� LCTIQ�COF PERSONS AND PROPERTY i SAFf =7Y PRI= CAUTid "JVSND PROGRAMS c ontractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs nnection with the peformA6b of the Contract. g r: > SA tfy OF PERSONSANJb'PROPERTY 1 The Corirtactor shall take reasonable precautions for safety of, and shall provide reasonable protection to nt damage, injury or loss to y , employees' "'n the Work and 'other persons who may be affected thereby; ;2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the h site undet `care;'custody or control of the Contractor or the Contractor's Subcontractors or Sub- „r I sub ontzactdr and I other prbp'erty at the site or adjacent thereto, such as trees; shrubs; lawns, walks, pavements, d vays; "`striicfures and utilities not designated for removal, relocation or replacement in the course (tractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, ions, agd`lawful orders of public authorities bearing on safety of persons or property or their drsiae; iniur'y or loss. § 10 Ti e`&ntractor shall erect and maintain, as required by existing conditions and performance of the Contract, Y reasonable's'afegiiards;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 for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under 'supervision of properly qualified personnel. ' §A 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 maybe liable and for which the Contractor is responsible under ` Sections 10 La 12 and 10.2.1.3, 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' of attri`butable to the fault or negligence of the Contractor. The foregoing olaligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. Init. AIA Document A201TM — 2007. Copyright @ 1888, 1911, 1915, 1918, 192 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. 27 Unauthorized reproduction or distribution of this AEA 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 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. 2.1 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an" unsafe condition. § 10 2,8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of otii'ers for whose acts such party 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 y sliall provide sufficient detail to enable the other party to investigate the matter. § 10 3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is 'responsible for compliance with any requirements included in the Contract Documents regarding hazarc ous'materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract bo'cuments and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death k3l to persons "resulting fro. a material or substance, including but not limited to asbestos or polychlorinated biphenyl R s ; (PCB) encountered on the site'by the Contractor, the Contractor shall, upon recognizing the condition, immediately ij� stop Work m the affected area „and report the condition to the Owner and Architect in writing. ; § 1 ' 01 Z, 2 , pon receipt of the Contractors written notice, the Owner shalt 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 6r' stance is found to'be present, to cause it to be rendered harmless. Unless otherwise required by the Contract'7ocuments, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications - of persons or 60&e 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 wi11 promptly `r`eply to the Ownex'in writing stating whether or not either has reasonable objection to the +` persons of entitl's'pzoposed by Uie Owner. If either the Contractor or Architect has an objection to a person or entity ro osed b the owner the Owner shall propose another to whom the Contractor and the Architect have no easbnable,oblection When the material or substance has been rendered harmless Work in the affected area shall resume upon writteri�agr'eement of the Owner and Contractor. By Change Ordeir, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractors reasonable addltiorial'costs of shut down, delay and start -up. § 1 b 3 3 I q the fullest extent permitted bylaw, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect; Architect's consultants and agents and employees of any of them from and against claims; damages; los's,es and expenses, including but not limited to attorneys' fees, arising out of or resulting from Y pezformance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death'"`asidescribed to Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense`is- 4tribu'table to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the`party seeking indemnity. § 10 14 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 fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a+ , a iaterial 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 neghgehc' e. § 10.3.6 if,' without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. AIA Document A201 rm —2007. Copyright @ 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 28 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor n � on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 111�'66NTRACTOR'S LIABILITY INSURANCE a § 11; The Contractor shall 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 Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a or by an cpe directly or indirectly employed by any of them, or by anyone for whose acts any of ■ may be liable: A tCfaims tinder workers' compensation, disability benefit and other similar employee benefit acts that aYe applicable to the Work to be performed; 2 Maims for damages because of bodily injury, occupational sickness or disease, or death of the iC�ontraetor's employees; 3 Clai for damages because of bodily injury, sickness or disease, or death of any person other than i 4 ` �laMis for" damages insured by usual personal injury liability coverage; 5 Claizris�f€sr other than to the Work itself, because of injury to or destruction of tangible 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 owiler$liip, maintenance or use of a motor, vehicle; 7 ' Clairrts for I adily injury or property damage arising out of completed operations; and 8 Ciatns involving "contractual liability insurance applicable to the Contractor's obligations under " ' �Sect�on 3 18 ' .:: �It'J 4'1�) rf,:Iv 1 2 T ie 644itce required by Section 11.1.1 shall be written for not less than limits of liability specified in the Crac t Documents otl required by law, whichever coverage is greater. Coverages whether written on an genre dr ° clairr xtiatle,basis, shall be maintained without interruption from,the date of commencement of the d K s fk � ✓ h 4d f �r k laptil the date of troll payment and termination of any coverage required to, be maintained after final payment, wiry respect to the 040ktor's completed operations coverage, until the expiration of the period for correction Tork or for such other ,period for maintenance of completed operations coverage as specified in the Contract uments: ` "UM910F �r.3 FRS' J .t "a § 11;1 3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the` Work and thereafter'upon "renewal or replacement of each required policy of insurance. These certificates and the msOfance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will`not be c anceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional 6ertifie'at6 idencing continuation of liability coverage, including coverage for completed operations, hiilI be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal 1 or replacem6fit of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction 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. § 1.1.4 The Contractor shall cause the commercial lability coverage required by the Contract Documents to include Owner, the Architect and the Architect's Consultants as additional insureds for claims caused in whole for in part by the Contractor's negligent acts or:omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole "or in part by the Contractor's negligent acts or omissions during the Contractor's 06 leted operations k J tE §'11` 2 R'S LIABILITY 'INSURANCE I"he.Ownei shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's AIA Document A201 TM — 2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 29 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. risk "all -risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, 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 or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, wliichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. § 111 1.1 Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation, insurance against the peels of fire (with extended coverage) and physical loss or damage including, without duplication of coverage 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, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a`result of such insured loss. ;u Fs 112 If #the Owner does riff ntend to purchase such property insurance required by the Contract and with all of verag"es� in the amount described above, the Owner shall so inform the Contractor in writing prior to cfic 6fit of the Work T ie Contractor may then effect insurance that will protect the interests of the tctor, Subcontractors 'and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof e charged to the Owner. f the Contractor is damaged by the failure or neglect of the Owner to purchase or tin insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all able costs proper I' attributable thereto. 4 1 S the property msurance requires deductibles, the Owner shall pay costs not covered because of such 1A This property insurance shall cover portions of the Work stored off the site, and also portions of the Work 4Y � Cif E Jy * i n { kE ° ads p,' 1 Nrtiai o'68%i" ancy "or use in accordance with Section 9.9 shall not commence until the insurance company 1panies providing property insurance have consented to such partial occupancy or use by endorsement or rise. The OZvner al 'i the Contractor shall take reasonable steps to obtain consent of the insurance company or nies and shall without`'`mutual written consent, take no action with respect to partial occupancy or use that cause cancellation,''lapse or reduction of insurance. 301LERAND MACHINERY INSURANCE _i.: ier`'shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by ch`shall specifically cover such insured objects during installation and until final acceptance by the Owner; E i r„ M all rantMall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, o'wne'r and Contractor shall be named insureds. f11:3.3 LOSS OF USE INSURANCE The Owner, at''the Owner's option, 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 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, in such msurance, and the' cost thereof shall be charged to the Contractor by appropriate Change Order. E § 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 'ert insurance is to be provided on the completed Project through a policy or policies other than those insuring Pro p Y P P j g P Y P g the Project during 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 policies shall provide this waiver of subrogation by endorsement or otherwise. AIA Document A201 TM — 2007. Copyright @ 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. 3® 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 11.3.6 Before an exposure to loss 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, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision h at th t e 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. § 113.,7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described iq Article 6, if any, and any of their subcontractors`; sub - subcontractors, agents and employees, for damages caused by` or other causes of loss to the extent covered b y property insurance obtained pursuant to this 'Section 11 3 or other property insurance applicable to the Work,'except such rights as they have to proceeds of Stich insurance field by the Owner as fiduciary. The Owner or:Contractor, as appropriate, shall require of the 'I4 fil'�Is �. Architect Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub - li u subcontractors' agents and `employees of any of them, by appropriate agreements, written where legally required for validity, sirnxlar'waiveYS each in,favor of other parties enumerated herein. The policies shall provide such waivers of fl/ R , q G subrogation by endotse#nent or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the rasura}ice pYexnium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged ' § 111.31 loss ansured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made p yable It Elie Owaier as fiduciary for the insureds as their interests may appear, subject to requirements of any J1 M app licablemiortga�g &e clause and of Section 11.3. 10. The'Contractor shall pay Subcontractors their just shares of — �1 dW S1A P I insurance pioceod5'.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. s, � 11' J If rGequired>ai writing by party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond prop "er p'ezorrnfince of the Owner's duties. The cost of required bonds shah be. charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proce.eds so received, which the KA Owtter shad distribute m accordance with such agreement as the parties in interest may reach, or as determined in &6rdan6e, wit t12 m� thod of binding dispute resolution selected in the Agreement between the Owner and Contractor. If a t6f i 9 ch loss'no other special agreement is made and unless the Owner terminates the Contract for -' " co6enience, replaceiiient of damaged property shall be performed by the Contractor after notification of a Change .A in the Worl� in'accordance with Article 7. lie Orvnr as `fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in i?l1 object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such >xnade,. the dispute shall be resolved in the manner selected by the Owner and Contractor as the method dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute )ution 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 the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically re'gizired 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 of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a ropy to be furrmhed. ,.. ARTICLE 12' UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. AIA Document A201 TM — 2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 31 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 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 cos ' t o correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate ° contractor in which event the Owner shall be responsible for payment of such costs. § 12 2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The. Contractor shall promptly correct Work rejected by the Architect or failink to conform to the requirements of the Contract Documents;; ,whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses � rk 6 ma e necessary thereby, shall be at the Contractor's expense. § 112 2 AFTER. UB'STA NTIAL COMPLETION 12:2 21 Iri addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Compfetioii of t1 Work or designated portion thereof or after the date for commencement of warranties estabjishec� under' ecti9`q. ie l; or by terms of an applicable special warranty required by the Contract Documents, any of tfie Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shat correct'Jtro after`receipt of written notice from the Owner to do so unless the Owner has p reviously givel the Contractor" a Written acceptance of such condition. The Owner shall give such notice 'promptly after discovery`of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and gi e the Cantr`actor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractot and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming ork within a reasonable: dime during that period after receipt of notice from the Owner or Architect, the Owner`inay correct`A m accordance with Section 2.4. § f2 2 12 Th e one year periodTiSr correction of Work shall be extended with respect to portions of Work first pie ri &J after Substantial, Completion by the period of time between Substantial Completion and the actual era: pletlon of that ° portion of the. Work. ' § 12'.2 2 3 The'o'ne� - 3 yeaf p d for correction of Work shall not be extended by corrective Work performed by the Contract pursuant to this Section 12.2. 12 Contractor shall remove from the site portions of the Work that are not in accordance with the requirement's 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 partially `co`nipleted, of the Owner or separate contractors caused by the Contractor's correction or removal of Work tFiat is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one -year period for correction of Work as described in Section 12.2.2 relates onlyto the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within: which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12:3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the r Owner maydo so instead of e r quiring its removal and correction, in which case the Contract Sum will be reduced as app ropriate'and equitable. Such adjustment shall be effected whether or not final payment has been made. AIA Document A201 TM —2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 32 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright@)aia.org. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW 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 § 132 1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal r� t rep're'sentatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in S"'ection 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either . party attempts to make such an assignment without such consent, that party shall nevertheless remain psi;^ �.: ��. legally responsible for all obligations under the Contract. § 3;2.2 The Ow er mad, without consent of the Contractor, assign the Contract to a lender providing construction financing for tie Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. TheContractor shall' &&ute all consents reasonably required to facilitate such assignment. ';Er,1i4r.. 3 "13:3 VVKI I I CN NU I IVC Written notice sh be deemed to have been duly served if delivered in person to the individual, to a member of the . ic irn 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 giviti', notice - § 13,4 RIGHTS AND REMEDIES .��' �.�._ , s i p§ 13.4 buties and'obiigatwns ! iposed by the Contract Documents and rights and remedies available thereunder !; g shall be in addition to and pot limitation of duties, obligations, rights and remedies otherwise imposed or available b law t o� ,3"`ar ,, t loo action or ailuKe to ac by the Owner, Architect or Contractor shall constitute a ai wver of a right or duty ft u u orae 'ere udder �,liie tact, nor shall such action or failure to act constitute approval of or acquiescence in a breac I here finder,' except as may be specifically agreed in writing. § 1� 5' � AND INSPittY 0NS r dz'lst A +� t 13'.5 f Tu 7 p ts inspections „trio approvals of portions of the Work shall be made as required by the Contract �9f .. Documents and by applicable laws, statutes, ordinances, codes,, rules and regulations or lawful orders of public ,, o p a& orities 'finless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals ati independent testing laboratory or entity acceptable to the Owner, or with the appropriate public y autltorit , and shall' bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect 3 timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures `Tie f 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. 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 l off' approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, 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 „1 by such failure including those of repeated procedures and compensation for the Architects services and expenses ishatl be at'tlie C'ontractor's expense. f § 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. AIA Document A201TM —2007. Copyright,© 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 33 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 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. § 1.6 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. §1 i7 TIME LIMITS ON CLAIMS The Owner and Contractoir, shall commence all claims and causes of action, whether in contract, tort, breach of w`artanty or otherwise, aga mtthe other arising out of or related to the Contract in accordance with the requirements of 'tle final daspute resolution method selected in the Agreement within the time period specified by applicable law, butn an ' y case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims And causes of action not commenced in accordance with this Section 13.7. S�. f F, 119 ART�CI,E 14 TERMINATION OR SUSPENSION OF THE CONTRACT 8 . _ _w 1141 The Contr4etor may 0minate the Contract if the Work is stopped fora period of 30 consecutive days through no act or fault oft e 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 anyof the following reasons ' 1 ' Issuance of an order of a court or other public authority having jurisdiction that requires all Work to s be stopped 2 An act of goverriinent, such as a declaration of national emergency that requires all Work to be stopped, 3 " Because the Arekiitect has not issued a Certificate for Payment and has not notified the Contractor of 3 ' the reason for tliholding certification as provided in Section 9.4 1, or because the Owner has not meat 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 W = 1 Y {f t evidence asrequired by Section 2.2.1. o� ', The Contractor t NWIe' rminate the Contract if, through no act or fault of the Contractor or a Subcontractor, 2 contractor " their i u or � ;i, C. .. Sub' - sub agents or employees or any other persons or entities performing portions of the Work under direct tor Ridirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Otv'tiet described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled h ° cc" ripleti 'fi, or 120 days in any 365 -day period, whichever is less. § 14 3,1 Xf on, of the reasons described in Section 14. 1.1 or 14. 1.2 exists, the Contractor may, upon seven days' written t`ce'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. § 1.4 If th'e 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 respect 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. § 14.2 TERMINATION BY THE OWNER FO R CAUSE `'114'2 1 The Own`e'r may terminate the Contract if the Contractor ' 1 repeatedly refuses or fails to supply enough properly skilled workers" orkers or proper materials; 2 fails to make payment to Subcontractors for materials or labor in:aecordance with the respective 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. AIA Document A201 TM —2007. Copyright © 1888, 1911, 1915, 1918,1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 34 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright@aia.org. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that 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: 1' Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor, 2 Accept assignment of subcontracts pursuant to Section 5.4; and "'.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14,.2.3When'the Ownerfprminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to,recei her payment until the Work is finished. ea �y ( t M sr } - �rtt€ t l tf a s y 4: § 14;2 4 If tle' unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for thelrchtteet's Services a>fid expenses made necessary thereby, and other damages incurred by the Owner and not e�cpessly # awed, such`e?t'cess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the ,Corifrac or shall p"ay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case rriay be s`fiA be by the,Initial Decision Maker, upon application, and this obligation for payment shall F NER FOR CONVENIENCE t cause, order the Contractor in writing to suspend, delay or interrupt the Work in of time as the Owner may determine. `ontract Time shall be adjusted for increases in the cost and time caused by i as described in Section 14.3.1. Adjustment of the Contract Sum shaltinclude ade to the extent is, was.o would have been so suspended, delayed or interrupted by another cause tractor is responsible; or adjustment is made or denied under another provision of the Contract. written notice from the Owner of such termination for the Owner's convenience, the ceaso "operation's as directed by the Owner in the notice; ta�Ce' actions necessary, or that the Owner may direct, for the protection and preservation of the Work; 3 * xce t for Work directed to be performed prior to the effective date of termination stated in the P p notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts F and purchase orders. § 14 *3 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 ternation, along with reasonable overhead and profit on t€ the Work not executed. `'ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 151 1 DEFINITION „ly; b3Gi s s A Claim as � a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with i i' et to the terms. of the Contract. The term "Claim" also includes other disputes and matters in €r l questio>[1 befween 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 CLAIMS 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. AIA Document A201TM —2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING. This AIA Document is protected by U.S. Copyright Law and International Treaties. 35 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright@aia.org. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1 .3 CONTINUING CONTRACT PERFORMANCE Peridmg final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall roceed diligently with performance of the Contract and the Owner shall continue to make P g Y P pay 7ierits 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 If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering fife or property arising under Section 10.4. �;. . § 151.5 CLAIMS FOR ADDITIONAL TIME § 15.1 51 Tf the Contractor to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on < ,g progress of the Work In the case of a continuing delay, only one Claim is necessary. w a r § 15:1 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 anpated and had an adverse effect on the scheduled construction. §15 15 CLAIMS FOR DAMAGES The`Cont` d46r and Owngtw, ai've Claims against each other for consequential damages arising out of or relating to this Contract This mutual `waiver includes 'p �� 1 damages ino°I ft 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 r : s eh'person"s, and " 2 damages Ynd Hed by the Contractor for principal office expenses including the compensation of �:�,.. i personnel stationed there, for losses of financing, business and reputation, and for loss of profit r � except anticipated profit arising directly from the Work. is mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance ° with Article 14. Nothing contained in this Section 15:1.6 shall be deemed to preclude an award of liquidated damages; when applicable, in accordance with the requirements of the Contract Documents. § : 1 INIT aims, excluding ' 15 , E x § those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated'in -the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be ��e as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. t' § 15.2.2 The Initial Decision Maker will review Claims acid within ten days of the receipt of a Claim take one Or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information tp evaluate the merits of the Claim or if the Initial DecisionMaker that, in the Initial Decisioti Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the § 15.2.3 In'eval�uating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. Init. AIA Document A201 TM — 2007. Copyright @ 1888, 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. 36 Unauthorized reproduction or distribution of this Ale 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. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 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 furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 1525 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the initial Decision Maker is unable to resolve the Claim. This initial decision shall ('1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both, The initial decision shall be final and binding ,l on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding diOute resolution. mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. n 30 days from the date of an initial decision, demand in writing that the other party of the initial decision. If such a demand is made and the party receiving the i within the,time required, then both parties waive their rights to mediate or pursue ;dings with respect to the initial decision gainst the Contractor, the Own er'rnay; but is not obligated to, notify the surety, if the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner fy the surety and request the surety's assistance in resolving the controversy. the subject of a mechanic's lien, the party asserting such Claim may proceed in o comply with the lien notice or filing deadlines. r matters in controversy arising out of or related to.: the Contract except those as 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent ie^par s:shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree shall be administered by the American Arbitration Association in accordance with its Construction mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in eliie;eed tothe other' party to the Contract, and filed with the person or entity administering the mediation. st may be'made concurrently with the filing of binding dispute resolution proceedings but, in such event, slay proceed in advance of binding dispute resolution proceedings, which shall be stayed pending fora period of 60 days from the date of filing, unless stayed for a longer period by agreement of the court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed ctikof the arbitrator(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 Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreemen s in any court having jurisdiction thereof. § 16.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject bo 'but not resolved by, mediation shall be subject to arbitration which, unless the'parties mutually agree btherwise; shall be administered by the American Arbitration Association in accordance with its Construction Industry Arnitration Rulesn 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 which arbitration is permitted to be demanded. AIA Document A201 Tm — 2007. Copyright @ 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be i prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. § 15.4. 1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for Init. AIA Document A201TM — 2007. Copyright @ 1888, 1911, 1915, 1918, 192®, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. 38 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 taw. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. EXHIBIT "A" ALTERNATES: The foregoing Base Bid Proposal may be increased or decreased in accordance with such of the following Alternate Proposals as may be selected: ALTERNATE #1: Office renovation Add: $67,500.00 ALTERNATE #2: Bedroom renovation Add: $84,000.00 ALTERNATE #3: Renovate unisex 107 Add: $ 9,400.00 ALTERNATE #4: Window replacement — see plan Add: $48,500.00 ALTERNATE #5: Replace kitchen waste piping to foundation wall. Add: $ 2,800.00 ALTERNATE #6: Replace north overhead doors and add man Door. Add: $ 9,000.00 ALTERNATE #7: Replace 3 Entry Doors- see plan Add: $14,450.00 ALTERNATE #8: Sprinkler System — Entire Building Add: $87,500.00 ALTERNATE #9: Remove and replace Basement Exit lights and lighting Add: $ 4,400.00 ALTERNATE #10: Remove and replace all existing HVAC pneumatic controls with electronic If not already replaced in base bid. Add: $11,500.00 City of Oshkosh Fire Department - Bid /Tender Form 00300-1 EXHIBIT "B" Drawings_ Architectural Cover Sheet G1.1 — General Information Sheet C1.1 — Site Plan A1.OX — Existing Basement Floor Plan A1.1 X — Existing First & Second Floor Plans D1.1 — First & Second Floor Demolition Plans A1.1 — First & Second Floor Plans A1.2 — First & Second Floor Reflected Ceiling Plans A5.1 —Wall Sections A6.1 — Interior Elevations Plumbing P1.1 — Basement Plumbing Demo. Plan, Legend & Notes P1.2 — First & Second Floor Plumbing Demo. Plans P2.1 — Basement Plumbing Plan, Schedule & Details P.2.2 — First & Second Floor Plumbing Plans P3.1 - Plumbing Isometrics HVAC M2.1 — Basement Mechanical Floor Plan M2.2 — First Floor Mechanical Plan M2.3 — Second Floor Mechanical Plan M7.1 — Mechanical Schedules & Details Electrical E2.1 — Base Demolition Plan E2.2 — First & Second Floor Demo Plans E2.3 — Base Lighting & Power /Systems Plans E2.4 — First & Second Floor Lighting Plans E2.5 — First & Second Floor Power /Systems Plans E2.6 — Electrical Details E2.7 — Electrical Schedules E2.8 — Electrical Schedules City of Oshkosh Fire Department EXHIBIT "C" SECTION 00005 — TABLE OF CONTENTS DIVISION 0 INTRODUCTORY PAGES 00005 Table of Contents 00020 Advertisement for Bids 00100 Instructions to Bidders Wage Rate Determination 00300 Bid - Tender Form 00700 General Conditions 00800 Supplementary Conditions DIVISION 1 GENERAL REQUIREMENTS 01019 Contract Considerations 01039 Coordination and Meetings 01300 Submittals 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01510 Public Utilities 01600 Material and Equipment 01650 Starting of Systems 01700 Contract Closeout DIVISION 2 SITE WORK 02055 Demolition DIVISION 3 CONCRETE 03001 Concrete DIVISION 4 MASONRY 04100 Mortar & Grout 04300 Unit Masonry DIVISION 5 METALS 05400 Cold - Formed Metal Framing DIVISION 6 CARPENTRY 06100 Rough Carpentry 06200 Finish Carpentry DIVISION 7 MOISTURE PROTECTION 07600 Sheet Metal Flashings 07900 Joint Sealers DIVISION 8 DOORS, WINDOWS, GLASS 08110 Steel Doors and Frames City of Oshkosh Fire Department Table of Contents - 1 EXHIBIT "C" 08210 Wood Doors 08360 Sectional Doors 08411 Aluminum Doors & Windows 08710 Door Hardware 08800 Glazing DIVISION 9 FINISHES 09260 Gypsum Board Systems 09300 Tile 09511 Suspended Acoustic Ceilings 09650 Resilient Flooring 09680 Carpet 09900 Painting DIVISION 10 MISCELLANEOUS SPECIALTIES 10001 Miscellaneous Specialties 10400 Identifying Devices 10800 Toilet and Bath Accessories DIVISION 12 FURNISHINGS 12300 Manufactured Casework DIVISION 15A PLUMBING 15000 - Plumbing Index 15300A - Design -Build Fire Protection System Requirements 15400A, - General Plumbing Requirements 15405A - Plumbing Demolition for Remodeling 15410A - Plumbing Piping 15415A - Plumbing Piping & Equipment Insulation 15420A - Plumbing Supports and Anchors 15430A - Plumbing Specialties 15440A - Plumbing Fixtures DIVISION 15B HVAC 15000E - Mechanical Index 150108 - General HVAC Requirements 15140B - Supports and Anchors 15170B - Motors 15242B - Vibration Isolation 152608 - HVAC Piping Insulation 15290B - Ductwork Insulation 15511 B - Piping and Fittings 15512B - Valves 155138 - Piping Specialties 15540B - HVAC Pumps 155608 - Boilers 15580B - Venting, Breeching, Chimneys and Stacks 15740B - Air Cooled Compressor Condensing Unit 15831E - Terminal Heat Transfer Units 158558 - Blower Coil Air Handling Units 15861B - In -Line Fans City of Oshkosh Fire Department Table of Contents - 2 EXHIBIT " C " 15885B - Air Cleaning 15890B - Ductwork 15910B - Ductwork Accessories 15936B - Air Outlets and Inlets 15975B - Temperature Controls 159908 - Testing, Adjusting and Balancing DIVISION 16 ELECTRICAL 16000 - Electrical Index 16010 - General Electrical Requirements 16011 - Electrical Demolition and Remodeling 16050 - Basic Electrical Materials and Methods 16123 - Building Wire and Cable 16130 - Raceway and Boxes 16140 - Wiring Devices 16147 - Occupancy Sensors 16150 - Wiring Connections 16411 - Enclosed Switches 16421 - Enclosed Controllers 16442 - Panelboards 16510 - Luminaires 16701 - Fire Alarm System City of Oshkosh Fire Department Table of Contents - 3 SECTION 00300 — BID f TENDER FORM PROJECT: City of Oshkosh Fire Department Renovation 101 Court Street, Oshkosh, Wisconsin TO: City of Oshkosh 215 Church Street Oshkosh, W l 54901 ARCHITECT: AEC Architects / Engineers PO Box 40, Winnebago, Wl 54985 -0040 5703 County Road A, Oshkosh, WI 54901 BASE PROPOSAL FOR: Proposal 'GC" General Contract PROPOSAL The Undersigned, having familiarized themselves with the local conditions affecting the cost of the work and with the Contract Documents, including Advertisement for Bids, instructions to Bidders, General conditions, Drawings, Specifications, and any acid all Addenda issued, hereby proposes to perform everything required to perform and to provide and furnish all the labor, materials, tools, expendable equipment, utility and transportation services, etc., necessary to perform and complete in a workmanlike manner all work required under Base Bid for the aforementioned project, all in strict accordance with the Contract Documents prepared by AEC Architects Engineers. In consideration of all the above rec luirements, the undersigned agrees to accept in payment the sum of: 1L °t Dollars ($ ' Sri >i� Base Bid. Said sum to be sect to all of the terms of the contract and to include all move '' llowanees called for in the specifications applicable thereto. List proposed subcontractors as follows: Site Plumbing UMW0 Heating Ventilating T�n ' Electrical �fL� City of Oshkosh Fire Department Bid / Tender Form 00300-1 LM J n 0 n ALTERNATES: The foregoing Base Bid Proposal may be increased or decreased in accordance with such of the following Alternate Proposals as may be selected: ALTERNATE #1: Office renovation Add/DeducL ALTERNATE #2: Bedroom renovation Add /l✓udw..;�: ALTERNATE #3: Renovate unisex 107 Add /Deft: ALTERNATE #4: Window replacement — see plan Add /gedttet: ALTERNATE #5: Replace kitchen waste piping to ALTERNATE #6: ALTERNATE #7: ALTERNATE #8: ALTERNATE #9: ALTERNATE #10: foundation wall. Replace north overhead doors and add man Door. Replace 3 Entry Doors- see plan Sprinkler System — Entire Building Add /De4tret: $ Z, Cl"' : Add /De4w,E+ $ �'� Um' Add /Detl Add /D: $ i Remove and replace Basement Exit lights and lighting Add / . $ Remove and replace all existing HVAC pneumatic controls with electronic If not already replaced in base bid. Add /f3t-dtet: $ VOLUNTARY ALTERNATES: The following volunt altemEr (Attach specifications). 1. a 3. are offered for substituting materials and / or equipment. / Deduct: $ Add I Deduct: $ A educt. $ 4. -' Add / Deduct: UNIT PRICES: Not Used. TIME FOR COMPLETION: The undersigned agrees to commence work operation immediately upon award ofi contract, and to substantially complete the work as noted in Section 00100, par. 12, and that the proposed bid is in full consideration of this. City of Oshkosh Fire Department Bid /Tender Form f 00300 -2 ALLOWANCES: The Undersigned has included all allowances in his proposal as provided in the contract documents. WITHDRAWAL / PROPOSAL GUARANTY: The Undersigned agrees in submitting this bid that the price stated in this proposal will not be withdrawn for a period of forty -five (45) consecutive days from the bid date. Further, accompanying this bid is a Bid Bond, as required, consisting of: 5% that the selected Bidder will enter into Contract with. the Owner. TAXES: The Undersigned acknowledges that the price stated above includes all taxes of whatever character or description. SUPPLEMENTAL FEES: The Undersigned hereby agrees to the following fees for handling additional work. a. By subcontractors or suppliers, add to subcontractor's price a fee of five percent (5 %) b. By own forces, add to actual cost of all labor and materials including insurance and taxes (less all discounts) a fee of ten percent (10 %). C. Subcontractor's fees shall be ten percent (10 %) for work by their own forces and five percent (5 %) for work by their subcontractors or suppliers. The foregoing fees include the contractor's charges for overhead and profit. All quotations shall be supported by an itemized breakdown, including Tabor costs by trade and material quantity(s) with unit prices. t>aN ► 0.1 Addenda issued during bidding period covering additions, deletions, or changes to documents be acknowledged as having been received and included in the Proposal. Addendum No. Dated 1 ) Addendum No. Zo' Dated t Addendum No. Dated Addendum No. Dated NEGOTIATION: The Undersigned agrees that, should the overall cost exceed the funds available, he will be willing to negotiate with the Owner and Architect for the purpose of making further reductions in the contract City of Oshkosh Fire Department Bid /Tender Form 003-00-3 work, and shall agree to give full credit for all such reductions in the'work requested by the Owner, including full value of labor, materials, and subcontract work and reasonable proportionate reductions in overhead and profit, thereby arriving at an agreed upon contract price. Contractor will endeavor to determine the most cost effective method of accomplishing the Owner's objective and report same to Owner and Architect. CONTRACT EXECUTION: The Undersigned agrees to execute a contract for work covered by this proposal provided that he be notified of its acceptance within forty -five (45) days after the opening of bids. The Undersigned hereby declares that he / she has the legal status checked below: ( ) Individual ( } Partnership having the following partners: ( }() Corporation incorporated under the state laws of: This proposal is submitted in the name of and notice of acceptance should be mailed, telegraphed, or delivered to: A ,11 Firm Name (signature) Date 'r� c'J° . °. sa -- .•% SAM �C7 '•, IN P ESENCE 0 rJd�lGfid. Telephone # • .- ' ®sr ° °' 17 1-2 42)71e�o Title - �e INSTRUCTIONS: This form is supplied in DUPLICATE. Submit one copy and retain one copy for file_ City of Oshkosh Fire Department Bid / Tender Form 00300-4 SECTION 00700 - GENERAL CONDITIONS DOCUMENTS "The General Conditions of the Contract for Construction ", A.I.A. Document A- 201,1997 Edition, forms a part of these specifications and shall have the same effect as if bound herein. This document is modified as described in Supplementary Conditions. Contractors shall be held responsible for having familiarized themselves with this document and all other documents affecting their contracts in this specification. This document is on file at the Architect's office or can be obtained from. AIA Wisconsin 321 S Hamilton St Madison WI 53703 END OF SECTION 00700 City of Oshkosh Fire Department General Conditions 00700-1 q' Bid Bond The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Fluor Bros. Construction Co., Inc. as Principal, hereinafter called the Principal, and Granite Re, Inc. 14001 Quailbrook Dr, Oklahoma City, OK 73134 a corporation duly organized under the laws of the State of Oklahoma Surety are held and firmly bound unto City of Oshkosh 215 Church Ave, Rm 104 P.O. Box 1130 Oshkosh, WI 54901 as Obligee, hereinafter called the Obligee, in the sum of day of for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. W H E R E A S, the Principal has submitted a bid for City of Oshkosh Fire Department Renovations Project No. 08018 NOW T HEREFORE , ,, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and se led this 10 th / fitness Five Percent of Bid Amount Dollars ($ 5% of [aid Amount , as surety, hereinafter called the July 20 08 Fluor Bros. Construction Co., Inc. (seal) B y : /J�; (Title) Granite Re, Inc. (seal) Michael J. Douglas i e) Attorney in Fact AIA Document No. A310 , State of County of On this ACKNOWLEDGMENT OF PRINCIPAL (Individual) day of , in the year 20 , before me personally come(s) _ to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that he executed the same. State of County of On this Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) day of in the year 20__._. , before me personally come(s) - -- .._... ------ ----- ...... a member of the co- partnership of - -- -------------- _ —._ --_----- _.__ - -- to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public State of ACKNOWLEDGMENT OF PRINCIPAL (Corporation) �- .� - -�� County of =� On this of in the year 20, before me personally come(s) - to me known, who being duly sworn, deposes and says that he resides in the City T f of the .__. that he is the -,_� the corporation described in and which executed the foregoing instrument,and that he St . of Wisconsin ACKNOWLEDGMENT OF SU County of _ St. Croix___. ........... ..._._ On this 10th day of July come(s) Mich J. Douglas his e 'tYder i • r,_ CPO Ffublic; V_L0 ? V na g , in the year 2008 , before me personally Attorney(s) -in -Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he /she reside(s) in Hudson. WI that he/she is (are) the Attorney(s) -in -Fact of company Granite Re, Inc. the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as Attorneys) -in -Fact of the said Company by like order. Notary Public ov -08 4 Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS, CHRIS STEINAGEL; - LIB MOSCA, L1SA FLIPP its true and lawful Attorney -in- Fact(s) for the following purposes, to wit: To sign its nam eiy Fy acknowledge any and all bonds, and to respectively do and perform any and all e�as s ur to, and to execute, seal and acts and things set forth �i�»the res'o "lution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this r.of Attorney; and the said GRANITE RE, INC'. through us" Board of Directors, her ratifies and confirms all and whatsoever the said: .. % Y p MICHAEL J. DOUGLAS, Cy R1- STE) LIZ MOS.CA; LISA FLIP,P may lawfully do -in the premises byvirfue of these presents. " In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 15" day of May, 2008 Kenneth D. Whittin' on; President STATE OF OKLAHOMA ) S E A 1' r . SS: COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer On this 15' day of May; 2008, before me` personally "came Kenneth D'. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates Secreta /Treasurer of said Com" ry pany, with both of whom I am 'personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A • Frates were respectively fhe Presidentand the Secretary/Treasurer of the GRANITE RE, INC:; fhe corporation described m and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so fixed' by order of the Board of [directors of said corporation, and that they signed their' naive thereto by like,orde'r as President and' Secretary/ Treasurer, respectively, of the Company. My Commission, Expires: May 9, 2012 , � Notary Pu Commission #: 00005708 GRANIT,&RE, INC. Certificate THE UNDERSIGNED, being the duly elected'and acting Secretary/Treasurer Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the Juiy 15,:1 X87, minutes ofahe meeting of'the .Board of'D rectors of Granite Re, Inc. and that said Power "of Attorney has ;not been revoked and is now in ful forcerand effect "RESOLVED, that the President, any Vice President, the Secretary, and „any Assistant Vice President shall each have authority to appoint individuals as attorneys -rn fact „or under other appropriate titles with authority to execute on behalf of the.company fidelity and surety, m bonds and other docuents "of similar, character ied b ssu the Company °in the course of its. business.” ” "usiness. On any instrument making or " y evidencing such appointment; the signatures may beaffixed by facsimile: On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile #hereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or"undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed.the corporate seal of the Corporation this loth day of Jul 2008' ktq£ Rfi S M' A1. �. odmanA :Frates, Secretary/Treasurer GRO800 -1 OCT 0 1 2008 CITy� -FICEI 4 II