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Home My WebLink AboutMiron Construction/Central Garage 8/12/2013i Building Excellence" TO: Mr Kevin Uhen City of Oshkosh PO Box 1130 Oshkosh WI 54903-1130 TT OFT NSMITTAL Date: 8/12/13 Job #:132205 Re: Oshkosh DPW Oshkosh WI AUG 12 ?013 WE ARE SENDING YOU: X Attached Under separate cover DEPT. OF PUBLIC WORKS Shop Drawings Plans/Specifications _ Proj ectS[W( XbH,N&XONSIN Copy of Letter _ Miron Purchase Order Copies Description 03 AIA Document A101 - 2007 - Partially Executed 03 Performance & Payment Bonds, Bond #09123553 01 Miron Certificate of Insurance dated 08/08/13 01 Miron Builder's Risk Policy dated 08/08/13 THE ABOVE IS TRANSMITTED AS MARKED BELOW: For Approval X For Your Signature X For Your Response For Your Use & Info X As Requested REMARKS: Enclosed are the above mentioned documents. Please sign the contract where required. Once fully executed, please forward an original to me for our files. PREPARED BY: Christy M. Grams _ Se r Project Coordinator copya�CONTRACT FILE PUG � Corporate Office til P.O. Box 509 Neenah, WI 54957-0509 MIRON CONSTRUCTION CO., INC. 1479 McMahon Drive Neenah, WI 54956 Building Excellence "t Phone: 9201969-7000 Fax: 920/969-7399 www.rniron-construction.com TRANS# 000002 C QLhk FAx:920-236-5053 -t PHONE: 920-232-5382 lY[pn Date: 8/12/13 Job #:132205 Re: Oshkosh DPW Oshkosh WI AUG 12 ?013 WE ARE SENDING YOU: X Attached Under separate cover DEPT. OF PUBLIC WORKS Shop Drawings Plans/Specifications _ Proj ectS[W( XbH,N&XONSIN Copy of Letter _ Miron Purchase Order Copies Description 03 AIA Document A101 - 2007 - Partially Executed 03 Performance & Payment Bonds, Bond #09123553 01 Miron Certificate of Insurance dated 08/08/13 01 Miron Builder's Risk Policy dated 08/08/13 THE ABOVE IS TRANSMITTED AS MARKED BELOW: For Approval X For Your Signature X For Your Response For Your Use & Info X As Requested REMARKS: Enclosed are the above mentioned documents. Please sign the contract where required. Once fully executed, please forward an original to me for our files. PREPARED BY: Christy M. Grams _ Se r Project Coordinator copya�CONTRACT FILE PUG � Corporate Office til P.O. Box 509 Neenah, WI 54957-0509 MIRON CONSTRUCTION CO., INC. 1479 McMahon Drive Neenah, WI 54956 Building Excellence "t Phone: 9201969-7000 Fax: 920/969-7399 www.rniron-construction.com =.AIA Document A312TM -2010 Performance Bond Bond No. 09123553 ORIGINAL CONTRACTOR: SURETY: (Nrnne, legal stators and address) (Nance, legal status and principal place MIRON CONSTRUCTION CO., INC. ofhusiness) P. O. Box 509 FIDELITY AND DEPOSIT COMPANY OF Neenah, WI 54957-0509 MARYLAND This document has important legal 1400 American Lane, Tower I, 18th Floor consequences_ Consultation with Schaumburg, IL 60196-1056 an attorney is encouraged with OWNER: respect to its completion or (tVanre, legal status acid address) modification. CITY OF. OSHKOSH 215 Church Avenue Any singular reference to Oshkosh, Wf 54903-1130 Contractor, Surety, Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: 7117113 AIA Oocumeni A312 -20t0 combines two separate bonds, a Amoiuif:: Dollars Performance Bond and a ($14,052,771.00) Payment Bond, into one form. Description: This is not a single combined Performance and Payment Bond. (Natne and location) Miran Project #132205, City of Oshkosh Public Works Facility, 639 Witzel Ave, Oshkosh, Wisconsin. BOND. Date: 8/6113 :(Not earner Than Consftwelion Contract Date) Fourteen Million Fifty Two Thousand Seven Hundred Seventy One and 001100 Dollars _Amount; ($14,052,771.00) as Modifications to this Bolin: None ❑ See Section 16 CONTRACTOR AS PRINdPAL SURETY Comlliiv` (C.oiporate I) Company: (Corporate,Seal) MIRON cONSTRU ON CQ, INC FIDELITY AND DEPOSIT GO P YOF RYLAND Signatual Signatures Name David G. Voss, Nsmc Kelly Coby, Attorney Fac[ a11d Titlp: president and Title: (any additional signatures appear on Me last page of this Performance Bond.) (FOR IATFOMI,L,4TION ONLI'— Naitre, address and telephone) . AGENT or BROKER: OWNER'S REPRESENTATIVE: Aon Risk Services Central, Inc. (Architect, Angineer or other party.) :111 North Washington Street, Suite 300 Green Bay, W1 54301 (920) 437-7123 AIA Document A312- —2010. The American Insiilute of Archileds. § 1 'file Contractor and Surely. jointh aurd severally; bind themselves, their heirs, executors, administrators, successors and assigns to lie Owner for the perfo nuance of Ilie Constriction Contract: which is incorporated herein by reference. § 2If[ lie Contractor performs the Constriction Contract, the Surety and the Contractorshall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no OwnerDef hill under the Coustnrction Contract, due Surely's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and tlue Surely that the Owner is considering declaring a Contractor Default. Such notice shall indicate whellter the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, due Suurty may, within five (5) business days after receipt of the Owra&s notice, request such a conference. If lite Surely timely requests a conference, die Owner shall attend. Unless -the Owncr agrees otlicrwisc, any conference requested under this Section 3.1 shall be held within ten (.1.0) business days of the Suiety's receipt of the Owner's notice. If the Owner, the Contractor and Elie Siircty agree, lie Contractor shall be allowed a reasonable time to perform Lite Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Defaull; .2 -the Owner declares a Contrac to r Default, temtinates the Construction Contract and notifies die Surety; and 3 Ilia Owner itis agreed to pay lite Ballance of the Contract Price in accordance with the terms of the Construction Contract to flue Surety or to a contractor selected to perform the Construction Contract. § 4 Faihuic on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply wish a conditionprecedent to lite Sure() 's obligations, or release the Surety from its obligations, except to the extent the Surety deniolml.rates actual prejudice. § 5 whelt the Owner has satisfied the conditions of Section 3, file Surety shall promptly and at tlue Surety's expense take one of the 'following actions: § 5.1.Arrange for the Contrractor, with Lite consent of the Owner, to perform and complete die Constniction Contract; § 5.2 Undertaketo perforin and complele the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perforinat ce.and:cpnlpleLion of the Constriction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor: selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a gMif. ic. d surely equivalent to the bonds issued on the Construction Contract, and pay to the Owner the antount'of claniages as described ill Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the 'CoutiactorDefau11; or § 5.4 Waive its right to -perform and complete, arrange for completion, or obtain a new contractor and with reasonable prong p Bless ui ider the ciicurnsi ances: 1 After inveStigation, detemaine the amount for which it may be liable to the Owner and as soon as practicable.aflerahe anumuat is determined, make payment to the Owner, or .2 Don), liability in whole or in pari and notify the Owner, citing the reasons for denial. § 6 If the Surety. do* not proceed as provided in Section 5 with reasonable promptness, lite Surety sliall be ([coined to be in default oil this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perforin its obligations under this Boild, and the Owner shall be entitled to enforce any remedy anilal l(Lto the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surcty has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available, to the Owner. AIA Document = 2- —2010. The American I nz% lule ar Archileds. § 7 If the Surely elects to act under Section 5.1. 5.2 or 5.;, then the responsibilities of the Surely to the Owncr shall not be greater than those of [he Contractor under [lie Construction Contract, and the responsibilities of the Owner to the Surety sball not be greater than those of the Owner under the Construction Contract. Subject to the coniruilnient by the Owner to pay the Balance of the Contract Price. [lie Surely is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Coiistmction Contract-, .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from lite actions orfailurc to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Constriction Contract, actual damages caused by delayed perform nice or non-perforance of the Contractor. § 8 If the Surely elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of (tic Contractor that tare unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or sol off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10:The Surety hereby waives notice of any chtmge, including changes of lime, to the Construction Contract orto related. subcontracts. purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location inhich the.vork or part of (lie work is located and shall be instituted within two years after a declaration of Conlractor Default or within tvvo years after the Contractor ceased working or within two years after the Surety refuses orfails to perforin its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph arc void orprohibited by ]aw ; tlse m mirmin period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable § 12 Notice to tlae Surely, Ole Qwner or [lie Contractor shall be u►ailcd or delivered to the address shown on (lie page on which Lheir signialuw appears. § 13 Whop this Bond has-been furnished to coanply with a statutory or other legal requirement in the localion where the construction was to be perfonned; any provision in this Bond conflicting with said statutory or legal requiremenl shall be deeune(l deleted lrerefrom and provisions conforming to such statutory or other legal requirement shall be decniad incorporated herein When -so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 1.4 Definition 14:1 Balance of the Cohtract Prue. The total amount payable by the Owner to the Contractor under the Constriction Contract after all proper adjuslnie llsJiave been ouade, including allowance to the Contractor of any amounts ruccived ort o bo reccivcd by the Oi` ner in.settlenient of insurance or other claims for damages to which Ilse Contractor is -- onlitled; reduced by all Valid And.roper payments trade to or on behalf of the Contractor under the Construction Contract. § 14,2. Construction Contract. The agreement between the Owner and Contractor identified on die coverpage, including all.Conlract Dockun6iits and changes made to the agreement and the Contract Documents § 14.3 Contractor Default. Failure of the Contractor, which his not been remedied or waived, to perform or otlienvise to comply with a material term of the Construction Contract. § 14.4 Owner Default_ Failure of the Owner; which has not been remedied or waived, to pay the Contractor as required a inder:the.Constluclion Contract or to perform and complete or comply with flit other material terns of the Construction Contract. § 1 4. 5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for nn agreement belwecl► a Contractor and subcontraclor, the term Conlractor in this Bond shall be deemed to be Subcontractor and the terra Owner shall be deemed to be Contractor, AIA Document A3121" - 2010. The American Institute or Archilects. § 16 vlodirmc itious to this bond are as follows: (Space is provided beloii for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Sea!) Company- (Corporate Seal) Signature: Nome and Title: Address= Signature: Name and Title: , Attorney -in -Fact Address - AIA Document A312- — 2010. The American Inslitule of Archifeds. 4 ILI Document A312TM -2010 Payment Bond CONTRACTOR: (Annie, legal stauts artd address) MIRON CONSTRUCTION CO., INC - P. O. Box 509 Neenah, WI 54957-0509 OWNER: (Name, legal slarus acid address) CITY OF OSHKOSH 215 Church Avenue Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT Date: 7/17113 . Bond No. 09123553 SURETY: (Aanre, legal stales acrd pt'ulcipal place of 6 ashless) FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 American Lane, Tower I, 18th Floor Schaumburg, IL 60196-1056 Amount: Dollars ($14,052,771.00) Description: (Name and location) Miron Protect 4132205, City of Oshkosh Public Works Facility, 639 Wilzol Ave, Oshkosh, Wisconsin. BOND Date: 816113 (Arot em ier than Consn•nefion Conb'act Date) Dollars Amount ($14,052,771.00) Modifications to this Bond] None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Colnpdnv: (C6rporate, l) Company: (Corpo)-ate,Seal) ISnIRON CONSTRU I.. CO., INC. FIDELITY AND DrPo51T O A OF RRYLAND Signature: L(J Signature: Name av ' d C. Voss, .T Name Kelly C dy, Attorney n -Fact and Title: president and Title: (Any additional signatures appear on the Inst page of this Payment Bond.) (F0121A1F0ML47'101' OATLY— Naine, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Aon Risk Services Central, Inc. (Archilect, Engineer o1' other parol -) 1 1 1 :North Washington Street, Suite 300 Green Bay, WI 54301 (920) 437-7123 AIA Document A3121" —2010. The American Inshlule of Archileds. This document has important legal consequences. Consullation with an attorney is encouraged with respecl to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. 5 § 1 The Con(nic[or rend SurctY, loiIII ly and severally, bind Ihentsulves, their heirs; exectiIots, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perforntance of Ilse Construction Conlract, which is incorporated herein by reference, subject to (lie following tens. § 2 IF the Conlraclor promptly makes payment of all sums duc to Claimants, and defends, indemnifies and holds harmless the 0%vner from claims, demands, liens orsuits by any person orentity seeking payment for labor, materials or equipment furnished for use in Ilse perfot7uance of the Construction Contract, then [lie Surety and the Contractor shall It ave no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall brise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of churns, demands, liens or suits against the Owner or the OWIler s properly by any person or entity seeking payment for labor, materials or equipment furnished forusc in the performance of the Construction Contract and tendered defcnsc of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Otvuer has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indetlinify and ]told harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 Tlte. Suraiy's obligations to a Claimant underthis Bond shall arise after the following: § 5,1 CMiniams, who do not have a dirket contract with the Contractor, 1 li<we fur�islied a written notice of non-payment to the Contractor, stating with substantial accuracy the amount c.11lfine d and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last lerfornred labor or last furnished materials or equipment included in the Claim; and 1 have. sent a Clilint to the Surety (at the address described in Section 13). § 5.2 Claimants; who are employed by or have a direct contract with the Contractor; have sent a Claim to the Surety (at the address described in Section 13). § 6 If a jib lice of non-payment required by Section 5.1.1 is given by the Owiter to the Contractor, that is sufficient to satisfy,a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimanthas satisfied the conditions of Section 5.1 or 5,2, whichever is applicable, the Surety shall promptly and at. the Surety's'expense.take the following actions: § 7.1 Send answer to the Claimant, with a cops' to the Owner, within sixo: (60) days after receipt of the Claim, stating the aniourils that are undisputed and the basis for challenging any amounts that are disputed, and § 7-2 Pity: orarrtnge for payinent..'of anyundisputed atnourlls. § 7,3 The Surety's failure to d&harge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undispitted ainotints for.which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations sunder Section 7:1 or Section 7,2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claintan.1 incurs Iheleaflerto recover any sums found to be due and owing to the Claimant_ §' 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's Fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. ............ . . § 9 Aino nis owed by [lie Owner to the Contractor under the Construction Contract shall be used for.11te perfornvnce of the :Construction Contract and to satis6, claims, if any, under any construction performance bond. By the Con actor fitmishing and Ute Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Conslnuction Contract arc dedicated to salisf_y obligations of the Contraclor and Surely under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312- — 2010. The American Institute or Architects. § 10 The SmvI), shall not be liable to the Owl lei C'l:litIla nts or 011ie is far obligations of the Contnictor Iltat are unrelated to the Construction Contract. The Owner shell not be liable for the payment of any costs or expenses of am' Claimant under this Bond, and shall have under Ili -is Bond no obligation to make payments to, or give notice on behalf of; Claimants or otherwise have any obl igations to Claimants under this Bond. § 11 The Surety hereby waives notice of gun• change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be conunenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Constnaction Contract is located or after Lie expiration of one yearfrom the date (l) on which alae Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or sewice was performed by an.vone or alae last materials or equipment were furnished by anyouc under the Construction Contract; whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to surclics as a defense in the jgrisdietioi of the suit shall be applicable. 13 Notice and Claims to the Surety, Ore Owner or the Contractor shall be flailed or delivered to the address shown on the page on which tlicir signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply wills a statutory or other legal requirement in the location where the construction iras to..be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deenaedYleletetl ]iere.from and provisions conforrniug to such statutory or other legal requirement shall be decined incorporated lferent: When so furnished, the intent is That this Bond shall be construed as a statutory bond and not as a conulion law bond. 15 Upon request by jury person or entity appearing to be a potential beneficiary of Ibis Bond, the Contractor and Owner sl►all promptly purnisli a copy of this Bond or shall permit a copy to be made. 16 Definitions §1161 Claim. A written:s.talonleM by the Claimant including ata minimum: 1 the natneof the Claimant; .2 die manic of the person for whom the labor was done, or materials or equipment furnished; 3 a copy,.of lhe.agreenient or purchase order pursuant to wldch labor, materials or equipment was furnished,fornse in the performance of the Construction Contract; .4 a bnef description of rite labor; materials or equipment firnishcd; 5 alae date on wluclthcClaimant last performed labor or Inst furnished materials or equipment for use in the perfarrnance of the Construction Contract; .6 slid total 'amoimt ean►ed by the Claimant for labor, materials or equipment furnished as of the date of the Claim, 7 the total.amount;of previous payments received by the Claimant; and .8 the tota[nmounl due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the, Claim. § 16,2 Claimant. An rttdi`1dtla(or .entity having a direct contract with the Contractor or with a subcontractor of the Conlractor to furnish labor, niaierials or equipnmcni Foruse in Ilse performance of the Constuction Contract. Tlae ter nt Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable tnecharuc's lien or 5inular statute against the real property upon which the Project is located. The intent of this Bond shall be to include willmout limitationin the terns "labor, materials or equipment" that part of water, gas, power, light, heat, oil; gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdictiomr where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between lite Owner and Contractor identified on the cover page, incIndbtg all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A3121" — 2010. The American Institute of Architects, § 16-4 Owner Default- Failure of the Owner , wner, a l►ich has not been remedied or waived, to pay the Conlmutor as required under the Constriction Contract or to perform and complete or comply with the other material lenns of the Constmction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor- § 17 If Ibis Bond is issncd For an agreement between a Contraclor and snbcontractor, Ute terns Contt-actor in this Bond shall be deemed to be Subcontractor and (lie teen Owner steal I be deemed to be Contractor. § 18 Modifications to this bond are as follows (Space is p1-orided below for odditional signatures of adder! parties, other than those appeoring on the co►ger page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate ,Seal) Company: (Corporate Seal) Signature: Signalure: Name and Title: , Narne tmd Title: , Attorney -in -Fact Address: Address: AIA Document AW ZT" —2010. The American lnslitute of Archileds. 8 4 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kelly CODY, Jeffrey R. MEISINGER, Roxanne JENSEN, Kent ARTS, Trudy A. SZALEWSKI, Christopher H. KONDRICK and Brian KRAUSE, all of Green Bay, Wisconsin, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of May, A.D. 2013. ATTEST: 4,-, A 4a'� ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 00 %lot iISAE. M• 4an. i4.... * a —9- J'� WKW Assistant Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland City of Baltimore On this 14th day of May, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and sailh, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by Ilse authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 184-3544 Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 184-3544 A�� D CERTIFICATE OF PROPERTY INSURANCE °08/08/2013"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If this certificate is being prepared for a party who has an Insurable interest III the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER Aon Risk services Central, Inc. Green Bay WI Office 111 N. Washington Street, Suite 300 P. O. BOX 23004 Green Bay WI 54305-3004 USA CONTACT NAME - PHONE(920)FAX WC. No_EA)] 437-7123 lac No.). (920) 431-6345 ADDRESS: PRCUUCER CUSTOMER to 10020138 INSURER 5 AFFORDING COVERAGE NAIC fb INSURED Miron Construction Co., Inc. P.O. BOX 509 NEENAH WI 54957 USA INSURERA: Zurich American Ins CO 16535 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: 0nvcDAC'-Cc r•K0Y1CIr`ATF W[HP IMP0• 570050969538 RFVISI0N IJHAAFIFR- LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY Attach ACORD 101, Additional Remarks Schedule, if mares ace Is required) RE: OSHKOSH DPW, MIRON PROJECT #132205, OSHKOSH, WISCONSIN. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION -OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDfYYYY) POLICY EXPIRATION DATE (MM/DDIYYYY) COVERED PROPERTY LIMITS PROPERTY CAUSES OF LOSS DEDUCTIBLES _ BUILDING PERSONAL PROPERTY BUSINESS Extrra Expenns�e EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG & PP BASIC BROAD SPECIAL BUILDING CONTENTS EARTHQUAKE VVI N D FLOOD A X INLAND MARINE CAUSES OF LOSSPOLICY NAMED PERILS TYPE OF POLICY Builders Risk 04/01/2013 04/01/2014 X X X X Limit Deductible Flood Limit Earthquake Limit $30,000,000 S10,000 NUMBER MBR 5323142-06 Master Builders Risk 510,000,000 510,000,000 CRIME TYPE OF POLICY BOILER & MACHINERY/ EQUIPMENT BREAKDOWN SPECIAL CONDITIONS/ OTHER COVERAGES (Attach ACORD 101, Additional Remarks Schedule; it more space Is required) CERTIFICATE HOLDER CITY OF OSHKOSH 215 CHURCH AVENUE OSHKOSH WI 54903--1130 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE ©1995-2009 ACORD CORPORATION. All rights reserved. ACORD 24 (2009109) The ACORD name and logo are registered marks of ACORD D: W in Z W 1— Q U lL H Q" ILI U AGENCY CUSTOMER ID: 10020138 LOC #: A n ADDITIONAL REMARKS SCHEDULE Page _of_ AGENCY NAMED INSURED Aon Risk services Central, Inc. Miron construction Co., Inc. POLICY NUMBER See certificate Number: 570050969538 INSURER CARRIER NAIC CODE EFFECTIVE DATE: See certificate Number: 570050969538 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Properly Insurance INSURER (S) AFFORDING COVERAGE, MAIC # INSURER POLICY FFNECTIVF. DATF,(NINIfm)/V7'YY) INSURER COVERED PROPERTY INSURER INSURER If a policy below does not include limit information, refer to the corresponding policy on the ACORD IADDITIONALPOLICtES certificate form for policy limits L\SR LTR TYPE OF INSURANCE POLICY NUXIRER POLICY FFNECTIVF. DATF,(NINIfm)/V7'YY) POLICY EXPIRATION DATE (AIAIlDDlYYYY) COVERED PROPERTY LENILTS INLAND MARINE A NSR 5323142-06 04/01/2013 04/01/201.4 Earthquake Deduct $50,000 Master Builders Risk Flood Deductible $50,000 ACORD 101 (2008101) © 2008 ACORD CORPORATIONL All rlghis reserved. The ACORD name and logo are registered marks of ACORD A� ® CERTIFICATE OF LIABILITY INSURANCE DAT 061081220113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, Inc. Green Bay wi office 111 N. Washington Street, Suite 300 P. O. Box 23004 Green Bay WI 54305-3004 USA CONTACT NAME: PHONE (920) 437-7123 FAX (920) 431-6345 (AIC. No. Exq; AIC. No.): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NNGa INSURED MIRON CONSTRUCTION CO., INC. INSURERA: Zurich American Ins Co 16535 INSURER Liberty Insurance underwriters, Inc. 19917 1471 MCMAHON DRIVE P 0 BOX 509 INSURERC: INSURER D: NEENAH WI 54957-0509 USA INSURER E: INSURER F: . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE AE) IN WVD POLICY NUMBER POLICY MMIpp mWo LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY GLO GENERAL LIABILITY EACH OCCURRENCE Sl, 000, 000 DAMAGVR $500,000 PREMISES Ea occurrence MED EXP (Any one person) $10,000 CLAIMS-MADEOCCUR PERSONAL & ADV INJURY $1,000,000 X CONTRACTUAL LIAR GENERAL AGGREGATE $2,000,000 - COMPIOP AGG S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER.' POLICY FT PRD X LOC A AUTOMOBILE LIABILITY BAP 9259228-06 BUSINESS AUTOMOBILE 04/01/2013 04/01/2014 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY ( Per person) BODILYIN.IURY(Peracadenl) ALL OWNEDHSCHEDULED AUTOS AUTOS AUTOS HIRED AUTOS NON -OWNED Ix PROPERTY DAMAGE Per accldeni B 11 x UMORELLALIM uMBRELLALIAB EXCESS LUIB x H OCCUR OCCUR CLALMS-MADE 1000038761-07 UMBRELLA LIABILITY 04/01/2013 04/01/2014 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 DED I RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/ PARTNERI EXECUTNE WC 9259230-06 WORKERS' COMPENSATION 04 01 2013 Q0. 01 2014 TO STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT S500,000 OFFICER/MENiSER EXCLUDED? N (Mandatory In NH) N I A E.L. DISEASE -EA EMPLOYEE $500,000 E.L. DISEASE -POLICY LIMIT $500,006 If yes dewribe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarks Schedule, H more space Is required) RE: OSHKOSH DPW, MIRON PROJECT #132205,. OSHKOSH, WISCONSIN. ADDITIONAL INSURED ON THE GENERAL LIABILITY, AUTO & UMBRELLA THE CITY OF OSHKOSH & ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES & AUTHORIZED VOLUNTEERS & KUENY ARCHITECTS LLC AS RESPECTS THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. ENDORSED POLICIES WILL INCLUDE A 30 DAY NOTICE OF CANCELLATION / NONRENEWAL FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, PROVIDED TO THOSE PARTIES INDICATED IN THE WRITTEN CONTRACT. CERTIFICATE HOLDER CITY OF OSHKOSH 215 CHURCH AVENUE OSHKOSH WI 54903-1130 USA ACORD 25 (2010105) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4 O Z A V w d U V -AIA Document A101 - 2007 ` � ! i�ndard Form of Agreement Between Owner and Contractor where t paymehtis a Stipulated SumWt� c` .. t AGREEMENT made as of the SEVENTEENTH day of JULY in the year TWO t _ THOUSAND THIRVEN (1,;mrd,, indicated y, n(onth and year BETWEEN thebwner' i (h1�me, legal sit trrs;iaddre s and other information) CIfY� OS 05H ' 4 21 C RCTVAVE,.._:. 1 OS 'OSH, WI 5490311130 1 sj c `the Cotp�ractor. (1 arfre, legal state address nd other information) IFQN ONS RUG"FIO CO ANY, INC. 1471 9MAgON DRI NEENAH, WISCONS 5495 1.4 )[he I'olloWingine iocalion.and delajled descriptionTY OFOHKOSH PUBLIC WORKS FACILITY 639 WITZEL AVE OSHKOSH WI �,02;THEPROJECT WIL CONSIST OF CONSTRUCTION OF A 150,000 SQ. FT. ' I'ORYBUMDING.TLE BUILDING FRAMING SYSTEM WILL BE STEEL COLUMNS, TRUSS GIRD�R & TRUSS JOISTS OR STEEL BEAMS, AND INSOLATED PRECAST CONCRETE PANEL EXTERIOR AND INTERIOR WALLS. L.OkD BEARING AND.NON-BWINO, WALLS WILL SUPPORT THE PRECAST C9N,CRETE MEZZANINE DECK. TI)E SITE WORK AND BUILDING WILL BE CONSTRUCTED IN DVO PHASES. THE BUILDING ALTERNATES ARE LISTED UNDER SECTION 4f OJF'�HE CONTRACT. \The Architect;, �/ �'V�7. legal st�his,'address and othv information) j. J KUENY ARCHITECTS, LL I 10505 CORPORATE DR ITE 100 PLE�SANT PRAIRIE, WISCONSIN 53158 to O"cr and Cont actor agree as follows. i = I ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as fevislons to the standard form text is available from the author and should be reviewed. A vertical line In the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect toils completion or modification. AIA Document A201 TM' -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101'" —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1901, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American ]nit. Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 19.50.13 on 0810512013 under Order No.8898942129_1 which expires on 08104/2014, and Is not for resale. User Notes: (1499024237) TABLE QF ARTICLES %J} r lHE CONTRACT DOCUMENTS E THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 COOTACT SUM' 5 PAM TS' l S � 7 6 pISPU E R.ESOLOTION 1 I 7 TER INATION OR SUSPENSION 8/ Ml CEL. N OUS PROVISIONS } 9' NUME TION OF ONTRACT DOCUMENTS ' r t`10 fllJ&U jJC1±,AN�D BOND ARTICLE 1f THE ,CQNTRACT DOCUMENTS The;Con�tactDoc6m(s is 6 ist of this Agreement, Conditions of the Contract (General, Supplementary and other I oiidltions), Drawings; Speclfieptions, Addenda issued prior to execution of this Agreement, other documents listed jh►ys Afire �nea an Ivlodlfieasions issxed after execution of this Agreement, all of which form the Contract, and are I s+fully a p tog. h6 Contract s >f attached to this Agreement or repeated herein. The Contract represents the entire ;/ and integrate,} agreementlae� een the parties hereto and supersedes prior negotiations, representations or agreements, %eitit�r wlitteCl of oral An enutneration of the Contract Documents, other than a Modification, appears in Article 9. I ARTICLE ? THE .WORK OF THIS CONTRACT TheContractor shall fullyexecutc the Work described in the Contract Documents, except as specifically indicated in Ithe/Contract Documentstobe tlicresp � Sibility of others. ARTICLE 3 DATE O,P Ct)MMENCEMENT AND SUBSTANTIAL COMPLETION �§ 3.1 The kaai6 of commencement of the Work shalt be the date of this Agreement unless a different date is stated below or proVisI is made for the date tb be fixed in a notice to proceed issued by the Owner. ()it ert the dale�f cgm?�tertcemenl if it differs from the date of this Agreement or, if applicable, state that the date ivill be x4 in a notice to proceed.) COIv M ENC448NT OF THE PROJECT: AUGUST 6TH, 2013. I 'tf, prior :to the coo)'Pencement of the Work, the Owner requires time to file mortgages and other security interests, the y dlvner's Urti6i` I o ent shall be as follows: f NIA ~ — +12 --lb c 12 The Contra t Time shall be measured from the date of commencement. § 3:3 The Z' a for shall achieve Substantial Completion of the entire Work not later than ( ) days from the date o comencetne t, or as follows: riTseYt rruntberojcalendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) NIA Init. AIA Document A101t" —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute a Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treacles. Unaulhorl:ed 2 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the f maximum extent possible under the law. This document was produced by AIA software at 19.50:13 on 08/0512013 under order No.8898942129_1 which expires on 0810412014, and Is not for resale. (1499024237) User Notes: _ Portion of Work Substantial Completion Date aGENERAL CONSTRUCTION SUBSTANTIAL COMPLETION WILL BE 555 DAYS FROM THE DATE OF SIGNING THIS AGREEMENT ,.sul ject to adjustments of this Contract Time as provided in the Contract Documents. (Inser 'provisions, if any, for liquidated damages relating to failare to achieve Substantial Completion on time or for - bottti payments for early completion of the Work.) N4 ' - i AR ICLE 41 C NT4SUM § 41 The;Owneshall payheContractor the Contract Sum in current funds for the Contractor's performance of the Co tract;: The Contract Su sit all be FOURTEEN MILLION FIFTY TWO THOUSAND SEVEN HUNDRED SEVENTY-O r DOLLAR,§ ($ 14,052,771.00), subject to additions and deductions as provided in the Contract f 'r Docuntients. 1 5/4,2 The Contract Ntim is based upon the following alternates, if any, which are described in the Contract Documents hand are hgeby sec ted by th Owner: (State 1h�e rttiinberar other entification of accepted alternates. If the bidding orproposal documents permit the Otter r o ccep{�other lrlterltrrte, strbsegaent to the execution of this Agreement, attach a schedule of suclt other i 1leYit ted sho rtg'the.ar:6�6it for each and the date when that amount expires.) B Bid $ 13,090,000.00 ALTERNATE.3 F`yel island $ 273,716.00 AETFVLN4''TE 5 & b� .Cram $ 75,502.00 LTERNATg Pressure Washer $ 9,677.00 1ALTI -TE 10 Special Foundations $ 587,119.00 ALTEIOIXTE 13 CNG Parks $ 22,405.00 ALTRINATE_14 CNG Sanitation fans only $ 5,767.00 ALTERNATE IS Storm Sewer - $ 139,563.00 S /117otal $14,203.749.00 Credit for Lifts / $ 62,394.00 `..Credit_ for,Landseap"e -_� $ 88,584.00 GND TOTA-L $14,052,771.00 § 4.3 nit prices, if any: \ (Identify and satedlte tacit price tate quantity limitations, if arty, to which the unit price ~trill be applicable.) itemUnits and Limitations Price Per Unit ($0.00) _ SRE A'ITACIIED BID FORM Total of 8 Pages §-4 4 Allo�'ancis inclold in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Price h; :NIA ANTIC E L5 MMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. AIA Document A101TM —2007. Copyright©1915, 1918, 1925, 1931, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Incl. Institute of Architects. All rights reserved. WARNING. This AIAe Document is protected by U.S. copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA* Document, or any portion or it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:50:13 on 08105/2013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. (1499024237) User Notes: 51 2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the as follows: PER 6A.3 Below V..',1 ,Provided that an Application for Payment is received by the Architect not later than the TWEN'T'Y—FIFTH '(2$'_h) day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the LAl T day of the FOAL' WINGmonth. If an Application for Payment is received by the Architect after the application gate fixed!abo e, payment shall be made by the Owner not later than FORTY FIVE (45 ) days after the Art itect re1eoiS`cs the App ication for Payment. (F�Veral, siate dr local Wiis may require payment lvithin a certain period of time.) 1§ 5 .. in accc as a ba §5. ieation fbr Payment shall be based on the most recent schedule of values submitted by the Contractor hthe Contrat Documents. The schedule of values shall allocate the entire Contract Sum among the fthe ork,) he schedule of values shall be prepared in such form and supported by such data to I uragy as the Architect may require. This schedule, unless objected to by the Architect, shall be used wi g the Contractor's Applications for Payment. i5sffor Paytpent shall show the percentage of completion of each portion of the Work as of the end of 1, by the ATic tion for Payment. othet"provisions of the Contract Documents,the amount of each progress payment shall be coniputed`a§ fbllows: �1 Take that por f6n of the Contract Sum properly allocable to completed Work as determined by f multiplying the p rcentage completion of each portion of the Work by the share of the Contract Sum - allocated to that' ortion of the Work in the schedule of values, less retainage of FIVE PERCENT `percent ( S% °/y}. Pending final determination of cost to the Owner of changes in the M ark, amounts not in dispute Shall be included as provided in Section 7.3.9 of AIA Document A201 2007, General Conditions Jthe Contract for Construction; Add that.porti n of the Contract Sum properly allocable to materials and equipment delivered and suitably'storedat the site for subsequent incorporation in thecompleted construction (or, if approved in advance by the Owner, suQbly stored off the site at a location agreed upon in writing), less retainage of FIVE PERCENT percent( 5 .3 Subtract t e a gregate of previous payments made by the Owner; and 4 Subtraet,alltouts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 95 of AIA Document A201-2007. § 5``1:7 The progress pa�yinent amountAkermined in accordance with Section 5.1.6 shall be further modified under the folio ing circumstances:, .1 . - .Add, upon SubSt�ntial Completion of the Work, a sum sufficient to increase the total payments to the '..� ful)-amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work;.nekainage applicable to such work and unsettled claims; and i \ {Section 9.8.5 oftlltl Document x1201-2007 requires release of applicable retainage opal Substantial Completion of Mork with consent of sorely, if any.) 2. Add, if fhpal completion of the Work is thereafter materially delayed through no fault of the Contractor, i any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. i t 5.1;8 Reductio or limitation of retainage, if any, shall be as follows: (Iflf Is -intended. hrior to Substantial Completion of the entire Work, to reduce or limil the retainage restrltingfr ani fire 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,) Retainage to be 5% up to 50% completion, No additional retainage to be held after 50%. AIA Document A101 m — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2907 by The American lnit. Instituto of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIAe Document, or any portion of It, may result In savers civil and criminal penalties, and will be prosecuted to the l maximum extent possible under the law. This document was produced by AIA software at 19:50:13 on 08105/2013 under order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1499024237) .. 51Ekept with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for �S Ion equipment which have not been delivered and stored at the site. F1NAL PAYMENT § 5 g_ tool payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Cpntr�6or when 1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct -- - Work a�provided in Section 12.2.2 of ATA Document A201-2007, and to satisfy other requirements, if '\any, which f extend beyond final payment; and r t 2 :4,finallCerti icate for Payment has been issued by the Architect. § 5 2.2 The Owner'O"final ayment to the Contractor shall be made no later than 30 days after the issuance of the Arc itectls finaICertifiea a"$iqr Payment, or as follows: F AL �A 1�1 T SFIA L 13E DUE WITHIN THIRTY (30) DAYS OF THE ISSUANCE OF A FINAL CERTIFICA 'OF P ,1YMEN' BY THE ARCHITECT. ZRi[GLE `DISP, TE/RESOLUTION X8.1 INIAJ.� DECIS}6,N MAKER :The Ar i ect w �I serve-as Initis Decision Maker pursuant to Section 15.2 of AIA Document A241-2007, unless the paeljes appoitsi)�bglow another:ingividual, not a party to this Agreement, to serve as Initial Decision Maker. (If t�e partied` iniutual�lagr'ee, 1►'rert the name, address and other contact information of the Inifial Decision Maker, if other flown jhe :4rchirect.) l NI 6.,2 BIN [}I G",DISPOTE, RES L[ON 9 any C1ai , the method � f binding dispute resolution shall be as follows: "{Check the app`ropriote bo:If the Owner and Contractor do not select a method of binding dispute resolution below, s or 4 lig! trbsegtrently ageeefJ"n writing to a binding disprrfe resolution method other than litigation, Clainis will be resolvef 6 litigation hi a cgivl of competentjurisdiction.) [1 ;] Arbifration pursuant to Section 15.4 of AIA Document A201-2007 I['X ] Litigation1!1 a court of competent jurisdiction �Other (Specify) r 1 ARTICI E 7, -•TERMINATION "OR SUSPENSION § 7.1 The Contract,may be termi� t ed by the Owner or the Contractor as provided in Article 14 of AIA Document A201� 2007. §`.2 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A201-2007. AItICLE 8 ' MI5GELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract .Document, the erence refers to that provision as amended or supplemented by other provisions of the Contract E woomeriis § 8 2 Payments d e and unpaid under the Contract shall bear interest from the date payment is ducat the rate stated f __ __.;6e10W,_or.10thg�,hbsence 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.) 0% AIA Document A1011" —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This document was produced byAIA software at 19:50:13 on 08/0512013 under Order No.8898942129_1 which expires on 0810412014, and Is not For resale. User Notes: (1499024237) § 8.3 The Owner's representative: (N .qmq, address and other it formation) L tlVtd C.: atek +:- Director f Public Works 215:C�.ggrch Avenue Oshk sh, W154903-1130 - § 8 4 The Contractor's ie resentative: (1YQime, add re slid otlleinforntalion) � lr DE� N BASTEN, CFo �� MIRON CONSTRUCTION COMPANY, INC. 147 McMAHON DRI l NEENAII, CONS 54956 �... §k1e Contractor's representative shall be changed without ten days written notice to the 8:5,Neitherfth6 Owlt&'s nor I otfier party/ i `8:6 Ot er,orovi ions: `N/A ARTICLE 9,� . ENUMERATION OF CONTRACT DOCUMENTS §j6.1 T1h Cpnlrac(Documet�it ;except for Modifications issued after execution of this Agreement, are enumerated in tt�ejsectio s.below. � 9.1.1 The grecment is tfiisrIcuted AIA Document A1012007, Standard Form of Agreement Between Owner j `y)at d Contract r. % 9.1.2. Th General Conditions are AIA Document A201 2007, General Conditions of the Contract for Construction. § 9.7.3 The Supplement4tand other Co ditions of the Contract: Document Title Date Pages ` Section 00'73,00.. % Supplementary General 3/15/2013 10 Pages I Coikductions 9,L4The Specifrcat nS. (Elllrer list the Specifications here or refer to an exhibit attached to this Agreement.) ' Title opi Specifkcations exhibii: -,SEE ATTACHMENT A } (Table deleted) . - § 9.1.t The Drawings:,.. '(Zither list the Dr'atvirigs here or refer to an exhibit attached to this Agreement) I Tai le of Drawings exhibit: SEE ATTACHMENT B 9.1.6 The Adde ida, if any: Number Date Pages AI IDW DUM #1 4/18/2013 133 Total Pages - - - -ADDENDUM # 2 4/25/2013 22 Total Pages ADDENDUM # 3 4/26/2013 12 Total Pages ADDENDUM # 4 4/29/2013 7 Total Pages ADDENDUM # 5 4/29/2013 5 Total Pages AIA Document A101 TO - 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documeritwas produced by AIA software at 19:50:13 on 0810512013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1499024237) ofI fAddenda relating to bidding requirements are not part of the Contract Documents unless the bidding Ygtlfrnts are also enumerated in this Article 9. i -- -- -991,7%_Additional documents, if any, forming part of the Contract Documents: '/ A AIA Document E201Tm 2007, Digital Data Protocol Exhibit, if completed by the parties, or the following IA I .2' Ahq'�dacu r�ients, if any, listed below: (4ts� here ny.rtrdditiaial documents that are intended to form pari of the Contract Documents. AIA o&ttment A20I-2007 provides that bidding requirements such as advertisement or invitation to bid, rinstructr9tt� to ddets, sample forms and the Contractor's bid are not part of the Contract Documents if tless yemtnrera( d in this Agreentent. They should be listed here only if intended to be part of the I ,Conlmct'Docun eats.) Y 1ARTIQL�10. �IN6URA CE pNDi BONDS r The 6oAtrac Gr hall drehase a d maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -200V , (SIaje bo tditigr quiremenls„ifny, and limns ofltabililyfor insurance required in Article 11 ofAL1 Document 201-2007, Tye of Insurance or and Limit of liability or bond amount ($0.00) P.errmadee.Bondd a Material and 100% of Contract or Payment13 nd in the amount equal 1 0_Percent of tho contract. I r i i i AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American !nit. institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA• Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 19:50:13 on 0 810 512 01 3 under Order No.8898942129_1 which expires on 0810412014r and is not for resale. User Notes: (1499024237) This Agreement entered into as of Tuesday, August 6, 2013. t ;. (Signature) I(Izr _fed lame and title) Mark A Rohlo f City Manager r t i X �� 1` Pamela R. Ubriq City Clerk j X 4- v v Peggy Steeno City Comptroller i L0,61c, xa, CONT CTOR (Signature) David G. Voss, Jr. President V. CEO (Printed name and title) AIA Document A101 T" — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1956,1961,1%3.1967,1974,1977,1987,1991.1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING. This AIAe Document Is protected by U.S. Copyright law and International Treacles. Unauthorized 8 reproduction or distribution of this AIAe Document, or any portion or It, may result In severs civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 19:50:13 on 08105/2013 under Order No.8898942129_1 which explres on 08104!2014, and is not for resale. User Notes: (1499024237) Additions and Deletions Report for A!A® Document A1O1rM —2007 This Ad III nS and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has Oddedj4 lite' landard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is Indicated with a horizontal line through the original AIA text. Dote Thf Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by t I i NIA Add ltlons and Deletions Report for AIA Document Al01 TM —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIAe Document, or any portlon of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:50.13 on 08/0512013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes- (1499024237) SUBSTANTIAL COMPLETION WILL BE 555 DAYS FROM THE DATE OF SIGNING TIES AGREEMENT §, 4�1 The Ownett shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the jj CoqThe dntract Stuns al l be {$— }-FOURTEEN MILLION FIFTY TWO THOUSAND SEVEN HUNDRED VEN2Y-0 DOLLARS 14.052,771.00). subject to additions and deductions as provided in the Contract I l Dgc;uments / i Base Bid1 / 13 090 000.00 AL ERNATE Fuel -Island 273 716.00 i J ALITERNA E A'Cranes$ 75 502.00 t i ALTERNATE 9 i Pressure Washer $__ 9 677_00 ALTERNATE,10 - S ecial Foundations 587 119.00 A ATE; 3 XNQParks 22 405.00 AI,T T ;A �,C Sanitation fans only5,767-00 fLTB T 15 fit Sewer 139 563.00 Total/, - $14,203.749.00 f Cr fo Lifts'. / 62 394.00 .Credit for Landsca a $88,584.00 r nRQNr}TOTAL S14.052.771.00 ( � 1 SEE ATTACHED BID FORM Total of 8 Pages j NIA 1 f PAGE 4, r "PER 5.1.3 Below - § 41.3 Provided hat an Application for Payment is received by the Architect not Iater than the TWENTY—FIFTH Edgy bf am nth, the Owner shall make payment of the certified amount to the Contractor not later than the LAST. d$� of th 1FOLIAWING month. If an Application for Payment is received by the Architect after the Application date xed above, payment shall he made by the Owner not later than FORTY FIVE (45) days after the Architect recew the Application for Payment. Additions and Deletions Report for AIA Document A101 T" —20D7. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 19&3,1967,1974,1977,1987. 1991, 1997 and 2007 by The American rnstitute of Architects. All rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and 2 Intematlonal Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:50:13 on 08105/2013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1499024237) 1 i 4 i . r J,2 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of FIVE PERCENT percent ( LOA %). 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 A201Tm 2007, General Conditions of the Contract for Construction; Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of FIVE PERCENT_ percent ( LO/o); iV�/ I° Lor"ianyCZthe ei Z_ od of.bii ding�i resolution shall be as follows: Litigation in a court of competent jurisdiction I DEAN l3ASTEN. Ck'O MIRON CONSTRUCTION COMPANY INC. DRIVE N813f '" " `WfS_ ONSIN 54956 I ,. NIA -------..- _.. Additions and Deletions Report for AIA Document A1011" —2007, CopyrightO1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNINl3: This AIAe Document Is protected by U.S. Copyright Law and 3 International Treaties. Unauthorized reproduciton or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19 50:13 on 08/0512013 under Order No.6698942129_1 which expires on 08104/2014, and Is not for resale. User Notes: (1499024237) Section 00 73 00 Supplementary General 3/15/2013 Conductions 10 Pages 133 Total Paces 22 Total Pages 12 Total Pages 7 Total Paizes 5 Total Pates David G. Voss, Jr. President & CEO Additions and Delellons Report for AIA Document Al01 TM —2007. Copyright®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and 4 International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:50:13 on 0 810 5/201 3 under Order No.8898942129 1 whlch expires on 0810412014, and is not for resale. User Notes: (1499024237) - 'Dp N UM- 4/18/2013 ADDED UM #f 4/25/2013 %t1 DEOD1;_ M i#'3/ 4/26/2013 4/29/2013 / ADDEND 4 5 4/29/2013 AGE7 ISA f � - 1 NIA 1 Performatice Bond and a Material and \� 100% of Contract Labor-Ppyment fond in the amual to 100:Perc n of the contrail / �reeme his t entered into is Qf the day and f y. Augtf st 6 2013 `� Tuesv. fkSt , FiRe above 10 Pages 133 Total Paces 22 Total Pages 12 Total Pages 7 Total Paizes 5 Total Pates David G. Voss, Jr. President & CEO Additions and Delellons Report for AIA Document Al01 TM —2007. Copyright®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and 4 International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:50:13 on 0 810 5/201 3 under Order No.8898942129 1 whlch expires on 0810412014, and is not for resale. User Notes: (1499024237) - -CedeJAcation of Document's Authenticity AR D�cumentt D401Im - 2003 1, Joh 1F. Schmidbauer, hereby certify, to the best of my knowledge, information and belief, that I created the attached ff _ final document simultaneously with its associated Additions and Deletions Report and this certification at 19:50:13 on 0$/05/2013 under Ordek, o. 8898942129_•1 from AIA Contract Documents software and that in preparing the att ched final _document I made no changes to the original text of AIA® Document AI0ITM — 2007, Standard Norm of Ag Bement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as"published by the AIA i If. in i s software, tither,`tjtan.those additions and deletions shown in the associated Additions and Deletions Report, � E 'Y vile i Dpted) ) 1t 1 I i i AIA Document 13401 r" — 2003. Copyrighl ©1992 and 2003 by The American Institute of Architects. AI I rights reserved. WARNING: This AIA" Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this A!A• Document, or any portion of It, may result in savers ctvll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:50:13 on 08/0512013 under Order No 8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1499024237) OSHKOSH PUBLIC WORKS FACILITY Title Page Table of Contents ATTACHMENT PROJECT SPECIFICATIONS FOR THE PUBLIC WORKS FIELD OPERATIONS FACILITY CITY OF OSHKOSH, WI TABLE OF CONTENTS 1 page 4 pages BIDDING AND CONTRACT DOCUMENTS 00 11 13 PRE-BID INFORMATION 00 11 16 Invitation for Bids 1 page 00 21 31 INSTRUCTIONS TO BIDDERS 10 pages 0031 21 INFORMATION AVAILABLE TO BIDDERS 1 page Soil Investigation Data (bound herein) 0041 00 BID FORM 7 pages 00 73 00 SUPPLEMENTARY GENERAL CONDITIONS 10 pages Wage Rates if required SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS (applies to all Contractors) 01 10 00 SUMMARY OF WORK 2 pages 01 2000 PAYMENT AND CHANGE ORDER PROCEDURES 6 pages 01 2300 ALTERNATES 2 pages 01 3000 COORDINATION 01 30 00 Project Coordination 6 pages 01 31 19 PROJECT MEETINGS 4 pages 01 3300 SUBMITTALS 5 pages 01 4500 QUALITY CONTROL 4 pages 01 5000 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 14 pages 01 6000 MATERIAL AND EQUIPMENT 7 pages 01 7000 CONTRACT CLOSEOUT 9 pages 01 73 29 Cutting and Patching 3 pages 01 77 16 Final Cleaning 4 pages May 30, 2012 TABLE OF CONTENTS - 1 OSHKOSH PUBLIC WORKS FACILITY TABLE OF CONTENTS - 2 May 30, 2012 SPECIFICATIONS DIVISION 2 EXISTING CONDITIONS 02 41 00 DEMOLITION 02 41 16 Building Demolition (Alternate #11) 7 pages DIVISION 3 CONCRETE 03 30 00 CAST -IN-PLACE CONCRETE 3 pages 03 40 00 PRECAST CONCRETE 03 41 00 Structural Precast Concrete (Plant Cast) 10 pages DIVISION 4 MASONRY 04 20 00 UNIT MASONRY 8 pages DIVISION 5 METALS 05 12 00 STRUCTURAL STEEL FRAMING 6 pages 05 21 00 STEEL JOISTS AND TRUSS GIRDERS 4 pages 05 30 00 METAL DECKING 5 pages 05 40 00 COLD -FORMED METAL FRAMING 7 pages 05 44 00 Pre -fabricated Light Gauge Steel Roof and Floor Trusses 7 pages 05 50 00 METAL FABRICATIONS 5 pages DIVISION 6 WOOD, PLASTICS AND COMPOSITES 06 10 00 ROUGH CARPENTRY 6 pages 06 17 53 Fabricated Wood Trusses 5 pages 06 40 00 ARCHITECTURAL WOODWORK 7 pages 06 61 00 SOLID POLYMER FABRICATIONS 4 pages DIVISION 7 THERMAL AND MOISTURE PROTECTION 07 10 00 WATERPROOFING 07 11 00 Dampproofing 4 pages 07 21 00 INSULATION 4 pages 07 24 00 Exterior Insulation and Finish Systems 6 pages TABLE OF CONTENTS - 2 May 30, 2012 OSHKOSH PUBLIC WORKS FACILITY 07 30 00 STEEP SLOPE ROOFING 09 50 00 CEILINGS 09 51 00 Acoustical Ceilings 5 pages 09 65 00 RESILIENT FLOORING 6 pages 09 68 00 CARPET 6 pages 09 91 00 PAINTING 12 pages DIVISION 10 SPECIALTIES 10 11 00 VISUAL DISPLAY UNITS 8 pages May 30, 2012 TABLE OF CONTENTS - 3 07 3100 Shingles 5 pages 07 50 00 MEMBRANE ROOFING 07 53 00 Single Ply Elastomeric Sheet Roofing (Direct Glue) 7 pages 07 60 00 FLASHING AND SHEET METAL 4 pages 07 92 00 JOINT SEALERS 07 92 13 Sealants and Caulking 5 pages DIVISION 8 OPENINGS 08 11 00 METAL DOORS AND FRAMES 6 pages 081400 WOOD AND PLASTIC DOORS AND FRAMES 08 14 29 Wood Doors (Pre -Finished) 4 pages 08 30 00 SPECIAL DOORS 5 pages 08 33 00 Coiling Doors 2 pages 0841 11 ENTRANCES AND STOREFRONTS 08 41 13 Aluminum Entrances and Storefronts 6 pages 0871 00 HARDWARE 5 pages 08 80 00 GLAZING 6 pages DIVISION 9 FINISHES 09 20 00 LATH AND PLASTER 09 26 00 Veneer Plaster 15 pages 09 29 00 GYPSUM BOARD 20 pages 09 30 00 TILE 09 31 00 Thin -set Tile 5 pages 09 50 00 CEILINGS 09 51 00 Acoustical Ceilings 5 pages 09 65 00 RESILIENT FLOORING 6 pages 09 68 00 CARPET 6 pages 09 91 00 PAINTING 12 pages DIVISION 10 SPECIALTIES 10 11 00 VISUAL DISPLAY UNITS 8 pages May 30, 2012 TABLE OF CONTENTS - 3 OSHKOSH PUBLIC WORKS FACILITY 10 21 13 TOILET PARTITIONS AND URINAL SCREENS 5 pages 10 21 13.16 Plastic --Laminate-Clad Toilet Compartments pages 10 21 13.19 Plastic Toilet Compartments pages 10 28 00 TOILET AND BATH ACCESSORIES 10 28 13 Toilet Accessories 4 pages 1051 00 LOCKERS 10 51 13 Metal Lockers 7 pages 10 51 26 Plastic Lockers 4 pages 10 75 00 FLAGPOLES 5 pages 10 80 00 MISCELLANEOUS SPECIALTIES 2 pages DIVISION 11 EQUIPMENT 11 11 19 LUBRICATION DISPENSING SYSTEMS AND WASTE OIL SYSTEMS 11 pages 11 11 26 TOUCHLESS WASH SYSTEMS WITH WATER RECLAMATION 12 pages 11 11 28 FUEL DISPENSING SYSTEMS AND ISLAND CANOPY pages 11148 MONITORING SYSTEMS pages DIVISION 12 FURNISHINGS 12 21 00 WINDOW BLINDS 3 pages DIVISION 13 SPECIAL CONSTRUCTION 13 34 00 PRE-ENGINEERED STRUCTURES 13 34 23 Salt Dome 16 pages DIVISION 14 CONVEYING SYSTEMS 14 20 00 ELEVATORS 14 pages 14 40 00 LIFTS 14 45 00 Vehicle Lifts pages DIVISION 21 FIRE SUPPRESSION 21 05 00 COMMON WORK RESULTS FOR FIRE SUPPRESSION 9 pages 21 05 29 HANGERS AND SUPPORTS 4 pages 21 10 00 WATER BASED FIRE SUPPRESSION SYSTEMS 10 pages TABLE OF CONTENTS - 4 May 30, 2012 OSHKOSH PUBLIC WORKS FACILITY DIVISION 22 PLUMBING 22 05 00 COMMON WORK RESULTS FOR PLUMBING 22 05 13 COMMON WORK REQUIREMENTS FOR PLUMB EQUIPMENT 22 05 14 PLUMBING SPECIALTIES 22 05 23 GENERAL DUTY VALVES FOR PLUMBING PIPING 22 05 29 HANGERS AND SUPPORTS FOR PIPING & EQUIPMENT 22 07 00 PLUMBING INSULATION 22 10 13 VEHICLE OIL PIPING 2211 00 FACILITY WATER DISTRIBUTION 22 1300 FACILITY SANITARY SEWERAGE 22 1400 FACILITY STORM SEWERAGE 22 15 13 GENERAL SERVICE COMPRESSED -AIR PIPING 22 30 00 PLUMBING EQUIPMENT 22 42 00 COMMERCIAL PLUMBING FIXTURES DIVISION 23 HEATING, VENTILATING AND AIR CONDITIONING 23 05 00 COMMON WORK RESULTS FOR HVAC 23 05 13 COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT 23 05 14 VARIABLE FREQUENCY DRIVES 23 05 15 PIPING SPECIALTIES 23 05 23 GENERAL DUTY VALVES FOR HVAC PIPING 23 05 29 HANGERS AND SUPPORTS FOR PIPING AND EQUIPMENT 23 05 93 TESTING, ADJUSTING AND BALANCING FOR HVAC 23 07 00 HVAC INSULATION 23 09 14 PNEUMATIC AND ELECTRIC INSTUMENTATION AND CONTROL DEVICES FOR HVAC 23 09 93 SEQUENCE OF OPERATION FOR HVAC CONTROLS 2311 00 FACILITY FUEL PIPING 2321 13 HYDRONIC PIPING 2321 23 HYDRONIC PUMPS 2331 00 HVAC DUCTS AND CASINGS 23 33 00 MVAC AIR DUCT ACCESSORIES 23 34 00 HVAC FANS 23 37 13 DIFFUSERS, REGISTERS AND GRILLES 2341 00 PARTICUALTE AIR FILTRATION 23 52 00 HEATING BOILERS 23 54 00 FUEL FIRED HEATING EQUIPMENT 23 62 13 PACKAGED AIR-COOLED REFRIGERANT COMPRESSOR AND CONDENSING UNITS 23 82 00 HEATING AND COOLING TERMINAL UNITS DIVISION 26 ELECTRICAL 10 pages 2 pages 5 pages 4 pages 5 pages 7 pages pages 7 pages 5 pages pages 5 pages 3 pages 4 pages 8 pages pages pages pages 2 pages 6 pages 4 pages 3 pages 6 pages 3 pages 5 pages pages pages 5 pages 3 pages 2 pages 3 pages pages pages 2 pages 3 pages 3 pages 26 05 00 ELECTRICAL PROVISIONS 8 pages 26 05 19 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 6 pages 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 4 pages May 30, 2012 TABLE OF CONTENTS - 5 OSHKOSH PUBLIC WORKS FACILITY 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 2 pages 26 05 33.13 CONDUIT FOR ELETRICAL SYSTEMS 6 pages 26 05 33.16 BOXES FOR ELECTRICAL SYSTEMS 4 pages 26 05 33.23 SURFACE RACEWAYS FOR ELECTRICAL SYSTEMS 4 pages 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 2 pages 26 05 83 WIRING CONNECTIONS 2 pages 26 09 16 ELECTRIC CONTROLS AND RELAYS 2 pages 26 09 19 ENCLOSED CONTACTORS 4 pages 2621 16 LOW -VOLTAGE UNDERGROUND ELECTRICAL SERVICE ENTRANCE 2 pages 26 22 13 LOW -VOLTAGE DISTRIBUTION TRANSFORMERS 4 pages 26 24 13 SWITCHBOARDS 4 pages 26 24 16 PANELBOARDS 6 pages 26 27 16 ELECTRICAL CABINETS AND ENCLOSURES 2 pages 26 27 26 WIRING DEVICES 6 pages 26 28 13 FUSES 2 pages 26 28 16.16 ENCLOSED SWITCHES 4 pages 26 29 13 ENCLOSED CONTROLLERS 4 pages 25 32 00 PACKAGED GENERATOR ASSEMBLIES 8 pages 26 36 23 AUTOMATIC TRANSFER SWITCHES 6 pages 2651 00 INTERIOR LIGHTING 8 pages 26 56 00 EXTERIOR LIGHTING 6 pages DIVISION 28 ELECTRONIC SAFETY AND SECURITY 28 31 00 FIRE DETECTION AND ALARM 6 pages DIVISION 31 EARTHWORK 31 20 00 EARTHWORK 11 pages 31 60 00 SPECIAL FOUNDATIONS DIVISION 32 EXTERIOR IMPROVEMENTS 32 10 00 PAVING AND SURFACING 32 12 00 Asphaltic Concrete Paving 15 pages 32 31 13 CHAIN-LINK FENCES AND GATES 3 pages 32 31 19 ORNAMENTAL FENCES AND GATES 4 pages 32 90 00 LANDSCAPING 9 pages DIVISION 41 MATERIAL PROCESSING AND HANDLING EQUIPMENT 41 14 36 SCALES 6 pages 41 22 00 HOISTS AND CRANES 6 pages TABLE OF CONTENTS - 6 May 30, 2012 OSHKOSH PUBLIC WORKS FACILITY THIS PAGE LEFT INTENTIONALLY BLANK May 30, 2012 TABLE OF CONTENTS - 7 1.0 Title Sheet CIVIL Cl Existing Conditions C2 Existing Conditions C3 Site Prep & Erosion Control Plan 04 Grading Plan C5 Utility Plan C5.1 New Utility Plan C6 Erosion Control Details C7 Grading & Paving Details C8 Utility Notes & Detains C9 Stormwater Quality Unl Details ARCHITECTURAL 1.1 Architectural Site Plan 12 Site Plan Details 1.3 Landscape Plan 2.1 First Floor Plan 2.2 Mezzanine Plan 2.3 Enlarged Plans 2.4 Repair Bay 2.5 Shop Plans 2.6 High and Mid Roof Plan 2.7 Exterior Elevations 2.8 Enlarged Elevations & Details 2.9 Outbuildings - Ground Floor Plans 2.10 Outbuilding - Exterior Elevations 2.11 Outbuildings - Exterior Elevations 2.12 Salt Dome Plan and Elevation 2.13 Sall Donne Sections Details 3.1 Buikiing Sections 3.2 Building Sections 33 Building Sections 4.1 Wall Sections 42 Wall Sections 4.3 Wall Sections 4.4 Wall Sections 4.5 Walt Sections 4.6 Wall Sections 4.7 Walt Sections 4.8 Wall Sections 4.9 Wall Sections 4.10 Outbuilding Wall Sections 4.11 Outbuilding Wall Sections 4.12 Wall Sections 5.1 Building & Structural Details 5.2 Building & Structural Details 5.3 Building & Structural Details 5.4 Building & Structural Details 6.1 Door Schedule 6.2 Special Door Schedule 6.3 Room Schedule 7.1 Interior Elevations 7.2 Interior Elevations 7.3 Stairs - Enlarged Plans & Sections 8.1 Reflected Ceiling & Floor Finish Plans 9.1 Foundation Plan 9.2 Mezzanine & Mid Roof Framing Plan 9.3 Roof Framing Plan 9.4 Special Girders and Framing Details 9.5 Outbuildings - Foundation and Framing Plan 9.6 Special Joists PLUMBING P2.7 Outbuilding Plumbing Plan P2.8 Salt Dome Plumbing Plan FIRE PROTECTION FP2.4 Outbuilding Fire Protection HVAC H2.6 Outbuilding HVAC Plan H2.7 Existing Parks HVAC Plans H2.8 Existing Sanitation Garage HVAC ELECTRICAL El Electrical Site Plan - Site Lighting E2 Office Lighting Plan E3 Repair Bay, CNG Bay, & Weld Shop Lighting Plan E4 Wash Bay & Shop Lighting Plan E5 Sanitation, Utility Shop & Vehicle Parking Lighting Plan ES Mezzanine Lighting Plan E7 Office Power & Systems Plan E8 Repair Bay, CNG Bay & Weld Shop Power & Systems Plan E9 Wash Bay & Shop Power and Systems Plan E10 Sanitation, Utility Shop & Vehicle Parking Power & Systems Ell Mezzanine Power & Systems Plan E12 Warm Storage Lighting Plan E13 Warm Storage Power & Systems Plan E14 Sad Shed Electrical Plan E15 Schedule & Details E16 Schedules & Details E17 Schedules & Details E18 Schedules & Details E19 Schedules & Details E20 Schedules & Details E21 Schedules & Details E22 Parks Dept. Garage Exhaust Fan - Electric - Altemate 13 E23 Sanitation Storage Building - 4th Ave & Michigan - Electrical Plan - Alternate 14 IT -1 Information Technology -1 sl Floor ATTACHMENT "B" 1. All concrete to test 4000 psi (exte 2. Verify all dimensions, access, uti 3. Conform to all applicable codes, 4. Obtain and pay for all required pe 6. Notify Architect immediately if wr described in the Specification 6. No concrete to be poured wlthoul 7. All Contractors to co-operate wit representatives. 8. Leave site clean, neat and free of 9. Each Prime and Sub -contractor it Specifications, Drawings, Ad 10. Guard against interfering with O 11. These Drawings contain no pro% Contractor and their employe ordinances and provide their 12. The locations of existing underc shown in an approximate wa, verified by the Owner or Its ri determine the exact location work, and agrees to be fully r might be occassioned by the preserve any and all undergr- 13. Services perform for this projec with the level of care and skll profession currently practicer constraints. No warranty, ex, MXTE=MUM ME Earth Backfill i71r- Rigid 1 r - Rigid Insulation I I I I I I Concrete Block Aluminum Lumber (Rough) Steel ��/ + 100.0 New or Required Point I +100.0 Existing Point Elevatior +100.0 Existing Contours +100.0 New or Required Conto a- Grid Lines Rnom I Room/Space Number ODoor Number �i Wall Tag amopic CIVIL TerraTec Engineering (262)377-9905 Project Manager- Linda Joh ARCHITECT KuenyArchilecls (262)857.8101 Archilect of Record -Jon P. I e-mail address: lonw@kuenj PLUMBING Southport Engineered Systei (262)818-4409 OSHKOSH PUBLIC WORKS FACILITY BID FORM ■■■■■■■■■� a ■�■u t■■■■r■■■■■■■■■■■■■■■N■■■rs■r�■r■rar■■:■■■■■■■■■■■■■■■■rs■r■■r■ Contractor: Mi.ron Construction Division of Work: Contract 13--08 ` General Co,, Inca To: City of Oshkosh - Owner 830 Witzel Avenue Oshkosh, Wisconsin 54903 For: The City of Oshkosh Public Works Facility Dated 4/30/13 A. The undersigned, having familiarized themselves with the local conditions affecting the cost of the Work, and with the Bidding Documents including Invitation for Bids, Instructions to bidders, Bid Form, Sid Bond, Agreement, performance Bond, Labor and Material Payment Bond, Certificate of Insurance, Pians and Specifications, including all Addenda thereto, as prepared by Kueny Architects, LLC, and on file at the office of the Architect; hereby proposes to perform everything required to be performed and to provide and furnish all labor, materials, necessary tools, expendable equipment and al utilities and transportation services necessary to complete in a workmanlike manner all Work listed below, as follows.- 1. ollows: 1. GE=NERAL CONSTRUCTION a. Base Bid All labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh public Works Facility, the Sum of p �� u Dollars ($ 0, 0710DDD b. AL7ERNATE NO. 1 ADD to the base bid amount for a Warm Storage Building all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of ollars ($��2°3 c, ALTERNATE NO. 2 ADD to the base bid amount for a Salt Storage Structure all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of ` - Dollars ($�� ) TM March 15, 2013 0041 00-1, BID FORM ± OSHKOSH PUBLIC WORKS FACILITY d. ALTERNATE NO.3 ADD to the base bid amount for a Fuel Island all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of ollars ($ 7-73716" ) e. ALTERNATE NO.4 ADD to the base bid amount for an Auto Wash Bay all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of �css r j,ac� Dollars ($ 204 f. ALTERNATE NO. 5 ADD to the base bid amount for a Repair Bay Crane 1 all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of ! en Dollars ($_ g. ALTERNATE NO. 6 ADD to the base bid amount for a Weld Bay Crane 2 all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of Dollars ($ 'fig h. ALTERNATE; NO. 7 ADD to the base bid amount for a Bulk Fluid System all labor, materials, services and equipment necessary for completion or the Work required for The City of l Oshkosh public Works Facility, the Sum of Dollars ($ 00 41 00-2 March 15, 2013 BID FORM OSHKOSH PUBLIC WORKS FACILITY i. ALTERNATE NO. 8 ADD to the base bid amount for a Green Roof System all labor, materials, services and equipment necessary for completion or the Work required for The City of . Oshkosh Public Works Facility, the Sum of 4, Dollars ($ i. ALTERNATE NO. 9 ADD to the base bid amount for Miscellaneous Equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of r k. ALTERNATE NO. 10 ADD to the base bid amount for Intermediate Foundation System all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum ofL tars I. ALTERNATE NO. 11 ADD to the base bid amount for Demolition of Existing Structures and relate infrastructure (noted as buildings 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16 and ,17 all other existing buildings and structure are part of base bid) all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of Dollars ($ � 76 7 a ) m. ALTERNATE NO. 12 ADD to the base bid amount for Radiant Heat all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of av �� ( Ptclof tars ($ 41 l� ) March 15, 2013 0041 00-3 BID FORM OSHKOSH PUBLIC WORKS FACILITY n. ALTERNATE NO: 13.- -- ADD to the base bid amount for CNG upgrade at the Parks Dept. all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of t uL-- Dollars ($I o. ALTERNATE NO. 14 ADD to the base bid amount for CNG upgrade at Sanitation all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh+ Public Works Facility, the Sum of Ilars ($ 30 J p. ALTERNATE NO. 15 ADD to the base bid amount for the Main Line Storm Sewer (from City MH DPW1 to City MH DPW5) all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of &" ,v r�e4o �� ollars ($ % R 37� coo ) •,�V--p4r "'d Lw , q. ALTERNATE NO. 16 ADD to the base bid amount for a Concrete Parking Lot in lieu of an Asphalt Parking Lot, all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public -�Works Facility, the Sum of Dollars ($�, r. ALTERNATE NO. 17 ADD to the base bid amount for a Steel Platform Scale all labor, materials, services and equipment necessary for completion or the Work required for The City of Oshkosh Public Works Facility, the Sum of , � Dollars ($ #Z144Z q0 ) 0041 00-4 March 15, 2013 BID FORM OSHKOSH PUBLIC WORKS FACILITY 2. Unit Prices FOR ALL GENERAL CONSTRUCTION Should more or less Work of the following categories be required, adjustment will be made to the Contract Sum at the following unit prices, which shall include all expenses, transportation, trucking, restocking charges and overhead profit. 1). Unit Price 1A (Section 31 20 00) Price per cubic yard of soil excavated, for additional depth required to each good bearing soil for foundation walls and wall footings, the amount of Dollars (${� ) per cubic yard, or omitting same. 2). Unit Price 1 B (Section 31 20 00) Price per cubic yard of compacted backfill, in place, at floor slabs or asphalt paving, the amount of ZG Tz't+`-�d6 Dollars ($ 2-5�" ) per cubic ard. 3). Unit Price 1 C (Section 03 30 00) Price per cubic yard of additional concrete, formwork and Reinforcement (in place) required for additional depth of foundation Walls, the amount of 4z.��—Dollars ($ S per cubic yard or amitling same. 4). Unit Price 1D (Section 31 20 00) Price per Ton of Impacted Soil - Classified to be haul to the landfill above the minimum stated within the specification, the amount of C Dollars ($ 20,�� ) per Ton or oUhitting same. (Tipping fees to be paid for by the Owner) (tons will be paid from tipping tickets) March 15, 2013 0041 00-5 BID FORM OSHKOSH PUBLIC WORKS FACILITY B. Accompanying this Proposal is a Bid Bond in the amount of five percent (5%) of the Bid, as required by the Instructions to Bidders. C. In accord with part E -of the Instructions to Bidders, we suggest the following substitutibns, and will reduce this Bid in the amount shown for each one that is accepted. Item Specified Substitution Reduce Bid D. It will require he following number of calendar days to complete the Work required by this Contract_ ss days. E. Receipt of the following Addenda to the Contract Documents are acknowledged: Number and Date Number and Date 1 41813 F. In Submitting this Proposal, it is understood that the Owner reserves the right to reject any or all Proposals , to waive technicalities, and to advertise for new Proposals, but that this Bid shall remain open and shall not be withdrawn for a period of 90 days from the date prescribed for its opening. G. If written notice of the acceptance of this Bid is mailed or delivered personally to the undersigned within 30 days after the date set for opening of this Bid, or at any time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the Contract Documents to the Owner in accord with this Bid as accepted, and will also furnish an deliver to the Owner all required Bonds and proof of insurance coverage required, all within 20 days after personal delivery or deposit in the mail of a notification of acceptance of this Bid. H. Notice of acceptance or request for additional information may be addressed to the undersigned at the address set fourth below. I. Wherever in this proposal an amount is stated in both words and figures, in case of discrepancy between words and figures the words shall prevail. 0041 00-6 March 15, 2093 BID FORM OSHKOSH PUBLIC WORKS FACILITY J. Pursuant with the requirements of the Instructions to Bidders, the Bid is based on the following subcontractors (list on name for each branch or subtitle of Work to be subcontracted): WORK CONTRACTOR - CITY March 15, 2013 0041 00-7 BID FORM OSHKOSH PUBLIC WORKS FACILITY K. I hereby certify that all statements are made on behalf of Miron Constriction co_., Inc. (Name of Corporation, Partnership or Individual submitting Bid) of the city of Neenah , State of WI , that I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked same detail before submission; that I have fully authority to make such statements, and Proposal in (its, their, my) behalf, and that said statements are true and correct. a Please check one Signed zazekro e 27�q- of the following: Contrac or --Davia1:c.-'v ss-,- Jr L ---president Sole Owner Corporation x Partnership_ Name of Partners: 0041 00-8 BID FORM Address 1471 McMahon Dr. Neenah, WI 54956 Byf Dean J. B .en -- Secretary/Treasurer State of: Wisconsin County of: Winnebago Subscribed and sworn to before Me this30 day of April 20 13 Notary Public: My commission expires: 6/8/14 March 15, 2013 v VvAIADocument A201" — 2007 la! Conditions of the Contract for Construction fRr the following PROJECT: de a»d location or address) CITY OF OSHKOSH, 63? WITZEAVE O OSH WI 54903 TH OWNEFf' 1 i 4 t I iw me, le C1 YOF 21 C w i -0s QS TI jE ARC[ (3Va Fite, k l/ l,l/JQJ TABLE:OF GE OV 4 F 54903�11130� flatus rrnd/addres) MTr CYs, !, - )Itsl E DRYIr, SUITE 100 IM CONSIN 53158 tTICLES ; RACTOR IT'ECT -' , 5/. SUBCONTRACTORS 6 CONSTRUCTION BY OWNER.04Y SEPARATE CONTRACTORS f 7 CHANGESIN"THE V ORK . '. '8�., TIME _ 0 ti� PAYMENTS. AND COMPLETION 10 PR'OTECTIONP,E,A$ S AND PROPERTY 1 INSURANCE AND BONDS ` 12. UNCQVERING�ND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS t TERMINI TION OR SUSPENSION OFTHE CONTRACT ,A 'rI SAND DISPUTES ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion_ The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text Is available from the author and should be reviewed. A vertical line in the left margin of this document Indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A20111— 2007. Copyright 81911,1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. InsWule 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 seven civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This document was produced byAlA software at 19:37:36 on 08105/2013 under Order No.8898942129_1 which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) INDEX _ (Tics aild numbers in bold are section headings.) _- -_- Acceptpnce of Nonconforming Work -9'.9.3,12.3 - - -.. Aceeptancc of Work 1, 9.5.1, 10.2.5, t or.drivitati" Bid 2,_9.3, 9,4, 9:5 1 9:6:3 9J-; 9.10, 11.1.3 - -2:4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 9.2 7;=9.3.2,.13.5.1 = _ Arbitration - - 8.31;11.3.10, 13.1 15-2 154;1 Architect; Definition of Architect, Extent of Authority 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9 3 1, 9 4 _9 3;9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, -15.,1334f4 1 2.2, 14.2.4, 15.1.3, 15.2.1 Architect=Llrrutations of Authority and Responsibility 211,3-124, 1=2.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5,2, 15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 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 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, 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, 99, 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, 4.2.9, 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 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15,3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.103, 11.3.9, 11.4 Building Permit 3.7.1 AIA Document A201T —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and Internatlonal Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This documentwas produced byAlA software at 19:37:36 on 08105/2013 under Order No.8898942129_1 which expires on 0810412014, and is not for resale. User Notes: (1869236535) AIA Document A201 41 - 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute otArchitects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA* Document, or any portion of it, may result In seven civil and criminal penalties, and will be prosecuted to the ! maximum extent possible under the low, This document was produced by AIA software at 19:37:36 on 08105/2013 under Order Ne.8898942129_1 which expires on 0810412014, and Is not rot resale. User Notes: (1869236535) Capitalization Compliance with Laws W 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, f ftp T } of Substantial Completion ,. 11. 1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, I , ¢4,9.8.5 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 CcrtifiMes for Payment Concealed or Unknown Conditions 4,2.1,_4.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 3.7.4, 4.2.8, 8.3.1, 10.3 . 2:1419.10.3, 14.1.1.3, 14.2.4, 15.1.3 Conditions of the Contract "Certificates of Inspection, Testing or Approval 1.1.1, 6.1.1, 6.1,4 - 13.15.4 1 Consent, Written Certificates cifdnsurati`ce 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9,3.2, 9,8.5, 9.9.1, .0., ,2, 11 1?3 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4,2, 15.4,4.2 i Chnge Orders 1,1,11, 2.4,-3.4:2; 3.7,:4, 3.8.2L3, 3.11, 3.12.8, 4.2.8, Consolidation or Joinder 15.4.4 j 5.2.P, 7.1:2, 7 1., 7.2-7.312, 7.3.6, 7.3.9, 7.3.10, 8.3.1, CONSTRUCTION BY OWNER OR BY 9,3 it 1, 4:10 3, i0f3 2, 13 1.� 11.3.4, 11.3.9, 12.1.2, SEPARATE CONTRACTORS f 153 �•, Chauge Orders; Defi ttton of 1.1.4,6 Construction Change Directive, Definition of �l CHANE IN TI E' /W' 0, G 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 ;` Clap►? �Aefitt)fiQn of ' Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 MAIMS,AND D�SPVIPES Contingent Assignment of Subcontracts I 3JA, 6.,111, 6,3,1,7.3..9, 9.3.3, 9'10.4, 10.3.3, 15, 15.4 5.4, 14.2.2.2 dlaims and,.Titnely Asse=*n;ofClaims Continuing Contract Performance 15.1.3 Claims forAdditi"i At Cost Contract, Definition of J112 4, 3.7.4, 6s1 ;1-, 7.3.9,.lv/.2, 15.1,4 1.1.2 Cpinn8 for �dd Boreal Time CONTRACT, TERMINATION OR 3.214, 3:?.6 1.1,-8.3.2; Q;3)2,15.1.5 SUSPENSION OF THE Couceale o- U ikuowiTCo iditious, Clams for 5.4.1.1, 11.3.9,14 3.7,4,.. � Contract Administration f Cl9ims for Damages 3.1.3, 4, 9.4, 9.5 f 3.2.4, 3:18, 6.1:.1, $ 3 3,..5 1, 9.6.7, 10.3.3, 11.1.1, Contract Award and Execution, Conditions Relating 11.315, 11.3.7,14.1.3,,14.2.4) 15.1.6 to "Claimstubject to Arbitration 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 .. Contract Documents, Copies Furnished and Use of Cleaning Up ) i 1.5.2, 2,2.5, 5.3 f3.1�, (i.3 Contract Documents, Definition of y Commgnceme�t of the Work, -Conditions Relating to 1.1.1 € 2.2.1t 3.2.2; 3; .1,`3,7.1; 3.10:1; 312,6, 5.2.1, 5.2.3, Contract Sum V 6.2,2,8.1.2, 8.2.2, 8:3,1, 11 l,. i l i1, 11.3.6, 11.4,1, 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, 51:4, - 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 m I cemeutof1he Work, Definition of Contract Sum, Definition of $, 12 9.1 OoA1municAtionS'F_}_icilltatiug Contract Contract Time Administration 3.7.4, 3,7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, - 3,9 1, 4.x.4 8.1.1, 8.2,1, 8.3,1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, C4ttipletion,Conditions Relating to 15.1.5.1, 15.2,5 3.4 1, '3,11;,3,1-5,i4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1, Contract Time, Definition of 9 10, 1%;2, 1317�;.., 4.1.2 CQMPIETIION PAYMENTS AND CONTRACTOR 9 3 Completion, Substantial Contractor, Definition of 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 3.1, 6.1.2 13.7 AIA Document A201 41 - 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute otArchitects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA* Document, or any portion of it, may result In seven civil and criminal penalties, and will be prosecuted to the ! maximum extent possible under the low, This document was produced by AIA software at 19:37:36 on 08105/2013 under Order Ne.8898942129_1 which expires on 0810412014, and Is not rot resale. User Notes: (1869236535) Contractor's Construction Schedules 3.10 3 _12.1, 3.12.2, 6.1.3, 15.1.5.2 ontrarad tot's Employees 3.3 '__W-3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3.7, 14.1, 14.2. 1.1 _ -Contractor's Liability insurance -= -17LO Contractor's Relationship with Separate Contractors ..and Owner's Forces _ = 115,3.14.2j. 4.2.4, 6� L11,3.7, 12.1.2, 12.2.4 Contractor'sRelationship:V vith Subcontractors 1:2:2, 3.3.2, 3 1_$.l, klllj5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2,1137 1138 = a Contractor s Re)ationshlpwith the Architect 32 2; 3;131-12 4, 3.3.1, 3.4.2, 3.5, 3=10, 3 14, 3,72, 316';5 1'$, 4.1.3, 4.2, 5.2, 6.2.2, 7831,-9:2,93;9.4 9597 9.8,9.9,10.2.6,10.3, -13 7,_12; 13 5,151 2, 13:2 1= Cofi actor:'s Rep�etentaQ6 = f 2, 3 5, 3.12 616:22# 8.2.1, 9.3.3, 9.8,2 ContractoesResp96CIbillly for Those Performing the Work 33 2 3 1$ 5 3, 613r 6 29 51;; `10.2,8 Contractor's Revi_e_w'of Contract Documents -2 Contractor's Right: to Stop the_=York Contractor's Riot to lerrninate the Contract - __Contractor's Submits = 3:10,311,3124 427,-5,,21,5.2.3,9.2,9.3,9.8.2, 99:1, 9. 10:2, 910 3 '1=1.1.3, 11.42- Contractor's 1 4;2Contractor's S►ipertat A t 3:9, A0.2b -Contracto-r's Shpt rvt o[i and Construction .'Pro(cdures - 1:22,33ba 3, 6.2.4, 7,1.3,, 7.3 5 7.33. 8-2 10 12, 14, 15 13 - 'ContractualLtatiility Insurance 1,111.8; 11.2 - Coordihation and CotrelA6-A___ 1.2,3.2.1,33.1,3:10,312-6,5-1-:3,6.2.1 Copies Furnished of Drawings ani Specifications _---- - Copyrights - 1: - 'A - - Corection of Work --`- 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 -_- Correlation anddiltent of the Contract Documents Cast, Defimttan-of -_ - -- 2.4, 3.2,4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.39, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.4,11.3.1,12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1,8.3.3,9.5.1.6,9.7,10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5,.15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of . 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 AIA Document A201 T - 2097. Copyright d 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Archilecls. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA* Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the ! maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08/05/2013 under Order No.8898942129_1 which expires on 0810412014. and Is not for resale. User Notes: (1009236535) Execution and Progress of the Work 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, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, t5 ,� 1, 10. 2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 I )xtensitiils of Time _ 3,2A-3,).4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, tb,4, X1..3, 15.1.5, 15.2.5 IFailure of Payment 9513 9.7, 9.10.2, 13f6, 14.1.1.3, 14.2.1.2 Fa Ity Wor)�'� 1 (S Defectiva�r No�conforming Work) .'linpl Comoletin anti Ali al Payment 4.2,11, 4.2.�, 9:8'.�, 9;10, 12.1,14.2.4,14.4.3: 1 FininciM Arrangtn eents,�Owfl is i 2.2� 13.2,2, }}4.11 4 i Fire and Exte/tic}ed Co erage IgIurance I GENE L PROVISIONS r ' GoverningFLA 7" Gualantees (See Warranty) l Hslzardous�eterla�s ' , . I depth lea�ioti dfS,ullcgnttaCtors` rid Suppliers i udemniticl�tiQtl ,' / 3.17, 3;18 9 0:2; 10.3.3, 10!3.5, 10.3.6, 11.3.1.2, 11.3.7 Informat3011 And Services Jiequired of the Owner 2.1.2, 2,2;13 2.2, 3 12.4, 3:1:10, 6.1.3; 6,14, 6.2.5, 9.6.�', 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 1IN, 13.5.1, 13.5.2, 14.1.1.4, 1.4.1.4, 15.1.3; Initial DeCisiotit Initiol'!*clsion Maker, Defirdtion-Of,,, � 1 �.Lg Initial Decision 013W),Decisions I 14121 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial I?ecision Maker, Extent of Authority !) 14.2,2, 14.2.4,151.3, 15.2.1, IS. , 15.2.3, 15.2.4, r ` 152, 1�jury or Damage to Person or Property 10.2,8, rpA Inspections 3.1:3, 3.3.31 3,7;1; 4.2.2, 4.2.6, 4.29, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 -- - lnskructions to;B dders 1;1 AN! etions to'.th Contractor 5.2.1, 7, 8.2.2, 12, 13.5.2 jus..tr tinents of JService, Definition of — --- - --------=--1.1.7 - Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 lusurauce, Property 10,2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7,4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, IS. 1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1. 5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9. 1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3,3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Lass of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 AIA Document A20i m —2007. Copyright Q 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorised 5 reproduction or distribution of this AIAe Document, or any portion of It, may result In seven civil and criminal penalties, and will be prosecuted to the maximum extent posslble under the law. This document was produced by AIA software at 19:37:36 on 08105/2013 under Order No.8898942129_1 which expires on 0810412014, and is not for resale. User Notes: (1869236535) Materials, Labor, Equipment and 1_1.3,_1.16, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, �=�54 4.=2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, -9 5 1 Kgi10.2 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 `Means4lethods, Techniques, Sequences and _.Procedures of Construction Mechanic's Lien -:-23I 2, 15.2.8 -.. C Latton -- .-_ -; $:3;1,10.35;10.3.6, 152,15.2.5,15.2.6,15.3, Minor Changes; in tlf&-Work 1a 1,3.128,4.2.8,71,.74 ._ MISCELLANEOUS PROVISIONS - 1 1Vlodtflirai�ons Definiflon-of 11 1 - -_ = -. Modifications to�he Corifract=, 1:1 1;11:2, 3 11,E 1 2 42 1 5.2.3, 7, 8.3.1, 9.7, 10 3 2,.11,3 i Mutual Responsibthty Nancouformrug y{�ork, ticcegance of 96 6, 9:9.3,_12.3` _- _Noneanfdrming )ft . Refection and Correction of :2.3,24;5 426;6:24,9.9.3,9.10,4, 1122 I Notice - - 22.1,2KIA- 24,331;3.7.2,3.12.9,5.2.1,9.7, 9.10, 10`2-2 11.1,3, 12.2;2.1, 13.3, 13.5.1; 13.5.2, 14.1, 14;2; 15.2..-8 --15 4 1- 17 Notice, Written: 23;24,;3.31 392,3.12.9,312.10,5;21,9.7,9.10, 10,3, 11 13 11-3:6, 122;2:1;13.3, 14, 15.2.8. 5.4:1_ NotRe of Claims 4, .15.1.2, 15.4 =- Nottce bf`Testing and Inspections t3 5-1, 13:5.2 Obser_vations,.Contractor's = 3.2, 3.7.4 Occupancy 2.22 96,6,98,i_13I3'- - -OTders, Wf-itten --� _ 11.3.9, 12.1, 12.2.2.1, 13.5.2, - - 14.3.1 = =' OWNER = C?wue, Definition of Otivn�r; Iuforinatiou and Services Required of the ;2L2,.:2.2 2 2;.12.10,6-1.3,61.4,6.2.5,93.2, 9.6.1, 9.6.4, 9.9.2, 9.103, 10.3.3, 11,2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9. 1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1. 1.2, 5.2, 5.3, 5.4, 9.6.4, 9. 10. 2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5,7.3.9,92,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, 14.2.3, 14.2.4, 14.4.3 Payntent, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.23, 15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 AIA Document A2011' — 2007. Copyright ©1911, 1915, 1818, 1925, 1937, 1951, 1958, 1951, 1963, 1966. 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treatles. Unauthorized 6 roproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0 810 512 01 3 under order No.8898942129_1 which expires on 08/04/2014• and is not for resale. User Notes: (1869236535) Performance Bond and Payment Bond Rules and Notices for Arbitration 7.3.7.4 9.6.7, 9.10.3, 11.4 15.4.1 I T ees, Notices and Compliance with Laws Safety of Persons and Property 3.13, 7.3.7.4, 10.2.2 10.2, 10.4 pER50 S AND PROPERTY, PROTECTION OF Safety Precautions and Programs 10 -7 3.3.1, 4.2.2, 4.2,7, 5.3, 10.1, 10.2, 10.4 !olyc lorinated Biphenyl Samples, Definition of 14 3.1 3.12.3 Pr duct Data, Definition of Samples, Shop Drawings, Product Data and S42 2 3.11, 3,12,4.2.7 1 ti 'Pr: !duct Dl�tslud S} itij tI s, Shop Drawings Samples at the Site, Documents and I't 3.12,42.1' ' 3.11 Progress pud Comp,letioil Schedule of Values 4.2.2, 8.2, 9.8, 99.1, 1.4,1:. 4, 1.1.3 9.2, 9.3.1 Proi rens Pytlents Schedules, Construction q.- 9.6, 8;-59.10 3yA .¢, ;14:.3, 15.1.3 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Pr lett; Defti of Separate Contracts and Contractors 1�. / ` 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 /1 Pr6jcct Reproentativ, Shop Drawings, Definition of /4.2.10 I 3.12,1 ;PropertyrI' sur lice Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 PR TECrj N OE' PERSON AND PROPERTY Site, Use of 10 /.' / 3.13, 6.1.1, 6.2.1 R�gti ns-and,Laws Site Inspections 1 St 3 2 3; 4.1.1, 9.6.4, 9.9.1, 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 f r )t0(2 2, 11,17 11A 13,19'13A; 115.1, 13.5.2, 13.6, 14, Site Visits, Architect's y _ 15`2 8 154 .. / 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 �RC}ection of�Volk Special Inspections and Testing 3;$, 4 2 G; }'2 2'1. 4.2.6, 12.2.1, 13.5 ke:ime's a�1d Waivers of L1e. s Specifications, Definition of 9.102 JJ f - 1.1.6 Representations Specifications 3.21,"3:5; 3.12.6, 6 2 2, 8.2.1, 9:3.3, 9.4;,2, 9.5.1, 9.8.2, 1.1.1, 1.1,6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 9.10.1, - Statute of Limitations Repteselitatives 13,7, 15.4.1.1 -2.1.1, 31:1, 3.9,'9 1:1, 4.2.1,.4.2:2.,4:2,10, 5.1.1, 5.1,2, Stopping the Work > 2,3, 9.7, 10,3, 14.1 114 onsibility fyr Th6�e Performing the Work Stored Materials 3:3.,\\3.18, 4.2.3, 5.3� 6_.1.3, 6.2, 6.3, 9.5.1, 10 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Retainge Subcontractor, Definition of 1; 9.3.1, 9.6.2;9.,.5, 9.9.1, 9.10.2 9,10.3 5.1.1 Revi&J of Contract Documoiitsatd Field SUBCONTRACTORS onditiotls by Goutractor 5 3. , 3.127, 6 1 3':, ` Subcontractors, Work by Re ew of ConlraGtor'. Submittals by Owner and 1.2.2, 3.3.2, 3.12.1, 4.2,3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Arc itect Subcoutractual Relations 3.10.1, 3.10,2, 3. 11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 5.3, 5.4, 9.3.1.2, 9,6, 9.10, 10.2.1, 14.19 14.2.1 Review-of-Shop_rawings, Product Data and Samples Submittals F by Cortr*cfP 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 3. i2 9.9.1, 9.10.2, 9.10.3, 11.1.3 R.gWod Rem dies Submittal Schedule 112,2.3,24,3. ,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, 3.10.2,3.12.5,4.2.7 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2,5, 10.3, 12.2.2, 12.2.4, Subrogation, Waivers of 13.4,14,15.4 6.1.1, 11.3.7 Royalties, Patents and Copyrights 3.11 AIA Document A201 *" — 2007. Copyright ©1911, 1915, 1918, 1925,1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All r[ghls reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIAe Document, or any portion of N, may result In seven civil and criminal penalties, and will be prosecuted to the ! maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08105/2013 under Order No.8898942129_1 which expires on 08/0412014, and is not for resale. User Notes: (1869236535) Substantial Completion 4.2_9,_8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, S ibst- al Completion, Definition of _.8.i--1 Substitution of Subcontractors SiiWltution of Architect -,-4;1,3 A S►iiistitutions _of Materials; 1;2, 3.5, 7:3:8_ Snl3-subcontractor, Definition of - Silisurface Conditions.. 3;7 4 -_ S essors acrd A- -3.9,4 0,167 s 3.9, 1026- _ Supervision aff Constructibn Procedures 12 2;33,,3 4f31210 4 22, 4.217, 6.1.3, 6.2.4, 7.1.3, 15.1.3 Surety 5, 9.102, 9 JA 3, 14.2.2, 15 1.7 Surety, Consent of =9.:10 2,9;10,3 - - - surveys - 2.2 3 - SuspiiWo"v the Owner - for Convenience 143 - Suspension of the Work== 5.4 2, 14:3 ` - - -.Suspension or Termination of the Contract - -_- ' 3.0y'j -?5. Y. t; 1 Irmfuation TermivatioWby the Owner for Cause 5:41,1, 14-.2,'15.1.6 Tei�n11_i_kation by the Owner -"for Convenience 14.4 _ Termination of the Archifect -_-_ =Term inalion of t14 Cotttractor 14;2.2 _ - TERIVIINATION_OR-SUSPENSION OF THE _= . _. -= CONTRACT Tests ana-Inspections —K-31, 4 212 4.2.6, 4.2.9, 94.2, 9.8.3, 9.9.2, 9;10 1,=111:3 2, 1_14.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Time Limits 2,1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 99, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3,13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2,9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1,9.10.2,9.10.3,11.4.1,13.2,13.4.2,15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, M2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A201" —2007. Copyright ID 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this AIA* Document, or any portion of It, may result In severs civil and criminal penalties, and will be prosecuted to the r maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1869236535) ARTICLE I GENERAL PROVISIONS 1 1 BASIC DEFINITIONS 'µ § E CONTRACT DOCUMENTS �0 act Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the _ AgPcdt) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), I - -:-.Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and kifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract r sio6d by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor chs ge in the Work is agQd by the Architect. Unless specifically enumerated in the Agreement, the Contract � uments dd,not mc�l{d' the advertisement or invitation to bid, Instructions to Bidders, sample forms, other in f rmationrfil ishe� by t e Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or por ions of Add nda rclatig to bidding requirements. i ,. § 1,1.2 THE C NTRACJT { The Contract D ctiment f ''nt the Contract for Construction. The Contract represents the entire and integrated ! i agr. etnent bet ecn the artigstcreto and supersedes prior negotiations, representations or agreements, either written i �,� r 4 or �rai. The ��ontract r' ay be aritended or modified only by a Modification.1he Contract Documents shall not be c4orued tq,Create a coritractu 1 relationship of any kind (1) between the Contractor and the Architect or the 5 �/ �Uhlteet $$ cpnSttU �its� () b¢ een the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner arid the 4�fchitect or tie :rehitect's consultants or (4) between any persons or entities other than the Owner and the Cctttra for.,") it t' ha I . owever, be entitled to performance and enforcement of obligations under the `Gorttrt,inten e¢�t$.facil3tp formance of the Architect's duties. § 111.3 THE WO s pe.tertt� "Work" means their nstruction and services required by the Contract Documents, whether completed or ra Pally -curb Iet.0 and, I clod' all other labor, materials, equipment and services provided or to be provided by the r pp f I t e C r .o or's obligations, The Work may constitute the whole or art of the Project. � o�tractar td f}�l tl h .. nt u g Y p J ✓ § 1 1 4'HE)PRQ.IECT The Project 1S.thp total.con truction of which the Work performed under the Contract Documents may be the whole or i a part at d Wch may include construction by the Owner and by separate contractors. § LL5 THE DRAWING Th Drawings are the graphic 41fd pieto ial portions of the Contract Documents showing the design, location and dlensions of the Work; genet`ally'including plans, elevations, sections, details, schedules and diagrams. -\'§1.1.6,T-1J E SPECIFICATIONS ' ' he Specifieatiops are that portion of thy Contract Documents consisting of the written requirements for materials, eq 1pmcnt, systetlts;'sf ndards and workmanship for the Work, and performance of related services. § 1.1r7�NSTI�UMENTS OI? SERVICE ' Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible } and intangible creative world "ft med by the Architect and the Architect's consultants under their respective rofesslonal -p -,A es agreements. Instruments of Service may include, without limitation, studies, surveys, models, s ecifleations and other similar materials. s_ etches''drswtpg , , § 111,8 INITIAL DECISION MAKER r I The Initial Decision Maker shall be the Architect. § LATION AND INTENT OF THE CONTRACT DOCUMENTS 1.7"10 'Jitlof the Contract Documents is to include all items necessary for the proper execution and completion of theWs?tl ',"1 C Contractor. The Contract Documents are complementary, and what is required by one shall be as € _ _ bm(144 i tt fqu}red by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Documont A20110 —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1983, 1966, 1970, 1976, 1987, 1997 and 2007 by The American ]nit. InsUtUte of Architects. All rights reserved. WARNING: This AIAs Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized 9 reproduction ordistdbution of this AIAe Document, orany portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the j maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08105/2013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1869236535) § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. §1.2 7i►less otherwise stated in the Contract Documents, words that have well-known technical or construction =industrt -ymeanings are used in the Contract Documents in accordance with such recognized meanings. -- -§-1:2:3.1 In clarifying ambiguities or settling disputes, the following order of precedence of the Contract Documents _shall be used: :ate Modifications to the above Agreement. b= The Agreement between Owner and Contractor. c= Addenda; d 'Supplementary General Conditions. -- e= General; Conditions. _ _ = f Urawtngs _- -€1 VritiaDimensions. _2 Scaled1,imensions. 3 Detailed Drawings. - GeaeralIlrawings Inahe case of an inconststencybetween Drawings and Specification or within either Document not clarified by Addendutn,_the better quality or=greater quantity of Work shall be provided in accord with the Architect's �nterpretationr - - - §`123 2, In general, theDrawings are intended to nominate and establish the location, quantity and relationship of y -work and the Spetafieatloris are'.intended to define the type and quality of materials and workmanship requirements of _=t7terwork own Jn`cases.ol`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 qualitys} Vkovern unless -otherwise directed. When a_requiremerit is made by the Contract Documents that is not possible to meet, such as the requirementsfor 'an unai+aiI ble material, the Contractor shall submit prompt notice to the Architect for direction tide' Article 4 2.1 -1.2 4 Before bidding .ordering anyfiaterial or doing any work, each contractor shall verify all measurements and condition§, existing aitl new, at the jobsite and be responsible for the correctness of the same. No extra charge or compen ation will -be allowed on -account of difference between actual dimensions and conditions and the ones ?indicated on the_Drawings; §1,3 ;CAPITALIZATION -Ternis capita-lized_in these:' y neral Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of6ther .documents published by the American Institute of Architects. _§ 14 INTERPRETATION - _ _Li the interest ofb. i:bvity the Contract Documents frequently omit modifying words such as "all" and "any" and ar#icles such as "the"-and"ani"'but the fact that a modifier or an article is absent from one statement and appears in another is not intended to -affect=thb interpretation of either statement. I J § 15 OWNERSVIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF I — SE�TTCE 3 -X I1ie Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instrutrteirts of Se vice, including the Drawings and Specifications, and ,,01 retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. AIA Document A201T —2007. Copyright ©1911, 1915, 191 a, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Instilute of Architects. All rights reserved. WARNING: This AIA• Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 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 j maximum extent possible under the law. This document was produced by AIA software at 19:37:35 on 08/0512013 under Order No.8898942129 1 which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use y ace the Instruments of Service provided to them solely and exclusively for execution of the Work. All 71 de under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The i ;Coritihtif , Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of -_-- Service pn other projects or for additions to this Project outside the scope of the Work without the specific written 00$e #f of the Owner, Architect and the Architect's consultants. l; t 16 TRANSMISSION OF DATA IN DIGITAL FORM f If t e parties 1 tend to�tt��p mit Instruments of Service or any other information or documentation in digital form, they fI AA endca r; est jbli�h�ecessary protocols governing such transmissions, unless otherwise already provided in the i Ag�eement oY. the Cntret ocuments. , AR IC.LV, 2 WNER.. 1 § 2.� GENE i § 21 / ,ho O71F.r,� Ith p son or entity identified as such in the Agreement and is referred to throughout the Contract D�c�urltepts slt�gu a ,[,q.pu lber. The Owner shall designate in writing a representative who shall have express a thority to bi id'.Ihc er .with respect to all matters requiring the Owner's approval or authorization. Except as ; /otherwt:5'�dti iiittQn .2.1, the Architect does not have such authority. The term "Owner" means the Owner l of the wne '1:0RqArZU'' resentative. I f'§ 21 Oftiteti�� § 22.2 Oj ted §?2 2 QRM`A'IIQ �ND RVICES REQUIRED OF THE OWNER �(Paragrapl \deleted) - § 2.2.1 Davit ed. § 2.23The Owned slt3JI.furn1sh surveys describing physical characteristics, legal limitations and utility locations for the site Qf ithp P g eet� nd,Wcgal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by.the Owner buall exercise proper precautions relating to the safe performance of the Work;' / § 2.2:4 The O"n4 sllall fifrq)sh information or services required of the Owner by the Contract Documents with N�reasonable pfortiptness. The.Owner shall also famish any other information or services under the Owner's control and relevant to the Contractor's performanea f the Work with reasonable promptness after receiving the Contractor's written. request for stic� information qr services. 1 ` §teach-pl imc Con(ractor, i l be provided, free of charge, the following numbers of sets of the Contract Documentss: � 1) One copy for, the Conlracto}'s office. 2. e ogpafQr the an site office. \ 3. � cul r�4uired to obtain permits. \\\�4. One copy,for e�. h subcontractor or material supplier listed in the Proposal. Additional copies may be purchased':fd thb:p an deposit fee listed in the Invitation for Bids. §.2.3 MVIN. RIGHT TO STOP THE WORK If the Co' r l ails to correct Work that is not in accordance with the requirements of the Contract Documents as rgptre, n 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner l ma is 1 order to the Contractor to stop the Work or an portion thereof, until the cause for such order has p Y - — Been i'lI' I ate ; owever, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. AIA Document A201T" —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987,1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIM Document Is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AIAe Document, or Any portion of It, may result In seven clvl I and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0610512013 under Order No.8898942129_1 which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails Vs+ithtn a ten-day period after receipt of written notice from the Owner to commence and continue correction of such def MG- neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may - _hare, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then:or.!hereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses compensation for the Architect's additional services made necessary by such default, neglect or failure. Such _action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the _difference to,tbe Owrler, 2:5 RECORDS The Contractor shall keep full and accurate records of all costs incurred and items billed in connection with the erformar3ce of the Work_;; including records of the subcontractors, which records shall be open to audit by the authorized represe_otattve of-ttic Owner or the Owner during the performance of the Work and for three years after Final Payment _ ARTICLXr3 C0l\ITRAGTOR §'3 111iieon[raetor is the -person or entity identified as such in the Agreement and is referred to throughout the Contract Documents aslfingular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction = w-here'theproject_lsioeRed The.Contractor shall designate in writing a representative who shall have express aathorityto bind the Contractor.with respect to all matters under this Contract. The term "Contractor" means the ( tractor= or the. Eontractor's'authorized representative. The Contractor is responsible for determining that all of the Contractor's subcontractors are duly licensed -in accordance u+ith=thi federal', state and local licensing laws. §1 12 lie Contracloroshali perform the Work in accordance with the Contract Documents. §-313 T ie Contractor shallaiot be relieved of obligations to perform the Work in accordance with the Contract _Docitmerits eltrtte< by activities or duties_of.the Architect in the Architect's administration of the Contract, or by tests, -- inspections or apprpv-is`required or performed by persons or entities other than the Contractor. §'3 2 REVIEW OR CONTRACT --DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR - §:3.2.1 Ezecufi. &the_`Confract by the Contractor is a representation that the Contractor has visited the site, become generally famthaiwth Iota! condltor►s,under which the Work is to be performed and correlated personal observations '_with requieements of the Contract Documents. =- - - §`3 2,2 Becaliserthe Contra_ ct Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully stud yand cdinpare the various Contract Documents relative to that portion of the Work, as well as the information.fnmished byahe_0wber pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that'portlon 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 ofdtscove BIR elTors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly`report t-o_�the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as ai euest for information in such Form as the Architect may require. Itis 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 provided in the Contract Documents. §1 23 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,=ordipances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly_repori to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3,2„4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, AIA Document A201" — 2007. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIAO Document, or any portion or It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Jaw. ThSs document was produced by AIA software at 19:37:36 on 08105/2613 under Order No.8898942129_t which expires on 0810412014, and is not for resale. User Notes: (1869236535) the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if I actor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not dDWID the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Do6nimift s, for differences between field measurements or conditions and the Contract Documents, or for T,110401aformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and &ders of public authorities. t in SUPERVISIOTJ AND CONSTRUCTION PROCEDURES 1 The Qbntractor h It supervise and direct the Work, using the Contractor's best skill and attention. The actor1 be soIVresponsible for, and have control over, construction means, methods, techniques, sequences rocedufeS in fib r.T, dinating all portions of the Work under the Contract, unless the Contract Documents give speeitia iii truet0fis, onceming these matters. If the Contract Documents give specific instructions concerning on 111, ns� •ucti; meth s, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety ►find, eFCept a$ st ed l?ow, shall be fully and solely responsible for the jobsite safety of such means, methods, tyuft'r$e u�hCes O ptt�3t, ures. When the Contract Documents give specific instructions concerning uption � ethods An s, the Contractor will review such instructions (including those recommended by factu. rs) and �dvise the chitect if the specified procedures deviate from good construction practice; will It - ally warrant Ile)(tdtt�` the Contractors general warranty or of any objections the Contractor may have to the dtye �fidtQr setatl alternative procedure which the Contractor will warrant. If the Contractor determines u h /lneat}srfr�ptues, sequences or procedures may not be safe, the Contractor shall give timely A tid rchitect and shall not proceed with that portion of the Work without further written ctloiis 0t 'A 6 jAtch�eGf. 'f the Contractor is then instructed to proceed with the required means, methods, iques►fsequenfes oP procedures without acceptance of changes proposed by the Contractor, the Owner shall be re�poAsible for"any'loss or damage arising solely from those Owner -required means, methods, techniques, r33.2 '11hoC\bntraci~or shall b responsible to the Owner for acts and omissions of the Contractor's employees, S{tbcolttrhGt s end titell : gents and employees, and other persons or entities performing portions of the Work for, or i `Qn 1 bol f f, !11eV6 tradtof or any of its Subcontractors. ontraetor'shail be responsibll for inspection of portions of Work already performed to determine that r' stlG 'portions are in proper condition to receive subsequent Work. § 3 4 L"OR AND M TERIALS § 3 4,1 Unless otherW�6pro�ided in the Contract Documents, the Contractor shall provide and pay for labor, ~�maleria s uipmetit, tools, aonstr.It,tio 1"quipment and machinery, water, heat, utilities, transportation, and other f� it 1i an�ervices necessat y,fb' .proper execution and completion of the Work, whether temporary or permanent and whether or 9 incorporated or to,.tie incorporated in the Work. (Paraagrap h . de(eted) § 3.4.1..1 Contracti* shall pad+ t�prevailing wage rates for this work, and provide certification of this to the OrirA).§ 3.4.2 Except 1rt . 6 4ase;of minor changes in the Work authorized by the Architect in accordance with \e�ti ons ill+] 4file Contractor may make substitutions only with the consent of the Owner, after evaluation by Arc! tie t ltti tft cordance with a Change Order or Construction Change Directive. § 3.4.2.1 Aftet• kk (7ititt�act has been executed, the Owner and the Architect will consider a formal requesk for the substitution of products in place of those specified, only under the conditions set forth in the General Requirements of theSpecifaatign (Division 1). + l A 4. 2" t1fAkng requests for substitutions based on Clause 3.4.2.1 above the Contractor. ents that he/she has personally investigated the proposed substitute product and determined that itis �4 or superior in all respects to that specified. .2 Represents that he/she will provide the same warranty for the substitution that would be provided for that specified. .3 Certifies that the cost data presented is complete and includes all related costs under this Contract but excludes costs under separate contracts, and excludes the Architect's redesign costs, and waives all claims AIA Document A201 "' —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAs Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIAs Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent posslble under the law. This documentwas produced by AIA software at 19:37:36 on 08/0512013 under Order No 8898942129_1 which expires on 0810412014, and is not for fesale. Usar Notes-. (1869236535) for additional costs related to the substitution which subsequently become apparent; and 4 _ Will coordinate the installation of the accepted substitute, making such changes as may be required for the work to be complete in all respects. -§ 3 4 3Jhe 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 �lledin tasks assigned to them. -§-3.5 WARRANTY e Contractor warrantsto the Owner and Architect that materials and equipment furnished under the Contract will be y Mood qua hry_and nbw uftless the Contract Documents require or permit otherwise. The Contractor further warrants _ 64 the Work will conform to the requirements of the Contract Documents and will be free from defects, except for -#hose inherentin the quality of the Work the Contract Documents require or perm it. Work, materials, or equipment not edi formfn`g to_these requ Cements maybe 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 t a►►tenance, m` n, or normal wear and tear and normal usage. If required by the Architect, the Contractor -shall furnish satisfactory evidence as to the kind and quality of materials and equipment. L7i 74: §36TAXES = - Tlie Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are 1e_galiyienactedT4eoldsare received or negotiations concluded, whether or not yet effective or merely scheduled to i_go into ef%dk _ §'3 b 1 Tlie Contractors wiIl 1n6lude sales tax on all products purchased for this project. §`3 7�ERMITSFEES, NOTICES AND COMPLIANCE WITH LAWS 3MIM-6 Contractor shall secure and the Owner will pay for the building, mechanical, electrical and plumbing _ eyrew permits,,the envtrontnental impact fees due to water and sewer confections, and the zoning regulation fees and -' perrQ"S requireOthe jurisdiction listed elsewhere in the specification. The Contractor shall secure and the Owner -will payor all other permits and governmental fees, licenses and inspections necessary for proper execution of and cbmpietioii of their Contrac_f which are legally required when bids are received or negotiations concluded.§ 3.7.2 The -- Contradfor shall:cornply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations and lawful orders of public authorities applicable to performance of the Work. (Paragraph delet4 = -- x-;%_§-3.7=.3 If the Con -tractor performs Work that the Contractor knows or reasonably should know to be contrary to app hcat?le laws =statutes, ordtn;,codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriateresponsibility for such Work and shall bearthe costs attributableto correction. § 3 7 4 Concealed or Unknown Conditions, If the Contractor encounters conditions at the site that are (1) subsurface -0r oterwise _concealed, physical conditions that differ materially from those indicated in the Contract Documents or (2) ui>known.physical oadtti-fis'of an unusual nature, that differ materially from those ordinarily found to exist and geti_erally recognize a5 inherent ln'construction activities of the character provided for in the Contract Documents, the -Contractor_shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event lakes than 5: calendar days after first observance of the conditions. The Architect will promptly investigate such coijditions and, if,tho Architect determines that they differ materially and cause an increase or decrease in the C retractor s cost:of, pr lime required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are -_ _--,—not =material ly-different from those indicated in the Contract Documents and that no change in theterm s of the Contract t _7is)ustified theArchitect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either patty disputes4he Architect's determination or recommendation, that party may proceed as provided in Article 15. §-3 7 5 Ifsn thy -course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall AIA Document A201m —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and international Treaties. Unauthorized 14 reproduction or distribution of This AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08105/2013 under Order No.8898942129_l which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract f Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. ig OWANCES $15=`11 e Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items -- covered.by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but 1het�tractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3 8.2 Unless otherw}5o�rovided in the Contract Documents, 1 (S ilowefte; ..shall cover the cost to the Contractor of materials and equipment delivered at the site and axes, less applicable trade discounts; 2 { ontr 'gApr' costs for unloading and handling at the site, labor, installation costs, overhead, profit and iothcrid0of es contemplated for stated allowance amounts shall be included in the Contract Sum but At ih the4 lov�ances; and i l 3 vcr cq�tS are more than or less than allowances, the Contract Sum shall be adjusted accordingly I • ; ! rl y Q6ie1S0ij . e Cjrd: The amount of the Change Order shall reflect (1) the difference between actual costs I end th all 11 es under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2 ex.cep when Ins; allation is specified as part of the allowance in the General Requirements (Division 1 ol: ions). 1$3 3 M4erfal" ani prri/e�r�tLnder an allowance shall be selected by the Owner with reasonable promptness. §3 'SfIpF� dN3'ENDEN1T, § 3,9.1 The., Contragtor,shall em toy a competent superintendent and necessary assistants who shall be in attendance at t � Prgject site during performance of the Work. The superintendent shall represent the Contractor, and cbnitntlni�ations,glYor ,.to he su erintendent shall be as binding as if given to the Contractor. This superintendent will i "1 n '!+;- o'd�olvi all Punch List items after inspection b the Owner and Architect. 1 a so iieres � 1'b.. � fir \ i p � � P Y v�§' i 2 ` 7ieon raptor, s s n as practicable after award of the Contract, shall furnish in writing to the Owner througb`th�✓ ytbiioot the name and qualifications of a proposed superintendent. The Architect may reply within 14 dais tq th Contractor in writ ng stating (1) whether the Owner or the Architect has reasonable objection to the 1 pro}�psed upptfr tolld .4ti`bthat the Ar�hitect requires additional time to review. Failure of the Architect to reply withln the 14dayperiod,shall constituter otice of no reasonable objection. § 3,T]re Contractor all net employ proposed superintendent to whom the Owner or Architect has made reas6n �ble and timely, b ect1on The Contractor shall not change the superintendent without the Owner's consent, E whichkali nn&unreasonabjy b0 SviMe d or delayed. 3 1U`CpNT CTO �'S CUNSTI[i1JCTION SCHEDULES 3.0,1 The Con ract6r, promptly ager being awarded the Contract, shall prepare and submit for the Owner's and Archit�cct's jnformatlori a'Cof4tr ctor's construction schedule for the Work. The schedule shall not exceed time limits 1 11 current under tie Contrac[ Docut ents, shall be revised at appropriate intervals as required by the conditions of the I J Wbrk!and Project, shall boll3to�: o the entire Project to the extent required by the Contract Documents, and shall - rovide,fo�o7t��jikious anti practicable execution of the Work. § . X10.2 The Coilllact4. shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter tis necessary to_iriaintatn a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld, The submittal schedule shall (1) be coordinaked >y(th, the Contractor's construction schedule, and (2) allow the Architect reasonable time to review sultYli( 0191<fft°�Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in CgltLrgCl. �U xitension of Contract Time based on the time required for review of submittals. 3,10x3fti G'} ractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. AIA Document A20111 — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute ofArchilects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 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 j maximum extent possible under the law. This document was produced byAIA software at 19:37:36 on 08/05/2013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1869236535) § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change =sand other Modifications, in good order and marked currently to indicate field changes and selections made duffing construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon_cotnpletion of the Work as a record of the Work as constructed. =§ 312 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 12.1 Shop Drawings_are drawings, diagrams, schedules and other data specially prepared for the Work by the 06htractor oCa Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of Product'Data are_illustrations, standard schedules, performance charts, instructions, brochures, diagrams and tither information funilshed 6y the Contractor to illustrate materials or equipment for some portion of the Work. §Z2 3 Samplesreph3'sicay examples that illustrate materials, equipment or workmanship and establish standards by wh id :the W ork,w� lI be j udged. -'-63. 1244 -Shop iav ings,Trodtict Data. Samples and similar submittals are not Contract Documents. Their purpose is tc`demonstrate 00way by- yiiich the Contractor proposes to conform to the information given and the design concept ezpress_ed in the,Coiltrac_t bcOffients for those portions of the Work for which the Contract Documents require -� submittals: iteview bythe-Ar' Act is subject to the limitations of Section 4.2.7. Informational submittals upon which Architect is not ex=t_edto'take responsive action maybe so identified in the Contract Documents. Submittals that - ace not `requlred:by the CbatraefDocuments may be returned by the Architect without action. - _-- s g`3 °12 5`The Contractor slail,reyiew for compliance with the Contract Documents, approve and submit to the _-- ArK6 bcawmgs,_roduct Data, Samples and similar submittals required by the Contract Documents in accordance with the submittaLschedule approved by the Architect or, in the absence of an approved submittal schedule; with reascih4ble�ptness and in such sequence as to cause no delay in the Work or in the activities of the - Owner orof separate_conlractors. §=312 ti By submiring Shop�rawings;_ProductData, Samples and similar submittals, the Contractor represents to the = Owner and Architect thatthe Contractor has (1) reviewed and approved them, (2) determined and verified materials, - field rrieasurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the informat gn containedvrithin spch`subinittals with the requirements of the Work and of the Contract Documents. §-.3.12.7---The Contractor shall peiform,po portion of the Work for which the Contract Documents require submittal and revlcw of -Shop, Drawings; Product DataSamples or similar submittals until the respective submittal has been apprdved_by rile Architect:' _ -3.12-.8 The.Work-shall be m'accordance with approved submittals except that the Contractor shall not be relieved of ns frorii requirements of the Contract Documents by the Architect's approval of Shop responsibihty_:;for 3eviatlo Dr4wings, Product Data ;samples or similar submittals unless the Contractor has specifically informed the Architect -in writing of suchAevtafion at the time of submittal and (1) the Architect has given written approval to the specific i eviation as a Miiior'change in the Work, or (2) a Change Order or Construction Change Directive has been issued _ -`- aiithoriziltig the,deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop _ - Drawings,Product Data; Samples or similar submittals by the Architect's approval thereof. §:3:12:4=The._ Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, _Samples=or stmilr submittals, to revisions other than those requested by the Architect on previous submittals. In the essence ofsuch kitten notice, the Architect's approval of a resubmission shall not apply to such revisions. 61JTJW he Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to C31Ty out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a AIA Document A201"' : 2007. Copyright @ 1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Init. Institute of Archilecls. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AiAe Document, or any portion of It, may result In severe civil and criminal pen all les, and will be prosecuted to the j maxlmum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08105/2013 under Order No 6698942129_1 which expires on 08104/2014, and Is not for resale. User Notes: (1669236535) design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services �ru y. The Contractor shall cause such services or certifications to be provided by a properly licensed design d r: _ al, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Dra fi`wand other submittals prepared by such professional. Shop Drawings and other submittals related to the Work _de�sggc or certified by such professional, ifpreparcd by others, shall bear such professional's written approval when bb�n `ted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and 'doth}`; eteness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner achitect have specified to the Contractor all performance and design criteria that such ices mustatisfy ant to this Section 3.12.10, the Architect will review, approve or take other appropriate 4".. i f non In r the limited purpose of checking for conformance with information given and the design coli' eptextiiretract Documents. The Contractor shall not be responsible for the adequacy of the performancce de§tgli criteria specified in the Contract Documents. T 1 rt on. ;canst§jlt� I l F §'oai GL Et�NING� QIP r 315.17he Contractor shall keep the pr-�j�nises and surrounding area free from accumulation of waste materials or ! iubIbi�haiaused by.operations udder the , ontract. At completion of the Work, die Contractor sliall remove waste matchala, rubbish, the,C ntractot 8 64s, construction equipment, machinery and surplus materials from and about the Project �', \y§ 3.15.21f Contractor:fall;; #o cleatrl0 as provided in the Contract Documents, the Owner may do so and Owner Aatlbe entitled to r,eir bursement from the Contractor. § 3.1\siCC"S 'I'O-WORK-� The Contractor shall provide theQwner and Architect access to the Work in preparation and progress wherever ' located. 17 Ii YY' Ms� PATENTS AND COPYRIGHTS TI1 Contiactor�halJipa all royalties and license fees. The Contractor shalt/ defend suits or claims for infringement of copyrights and patem jhts 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 s equired by the Contract Documents, or where the copyright violations arc contained in Drawings, SPeclfoiittlo",other documents prepared by the Owner or Architect. However, if the Contractor has reason to belt@1th�lt tllo'k quired design, process or product is an infringement of a copyright or a patent, the Contractor shall beresl5tsjbto'So: such loss unless such information is promptly furnished to the Architect. x a § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, PSITE s�tiall c4 fri tions; ��nd a to wl / erations at the site to areas permitted by applicable laws, statutes, ordinances, codes, 1 orders of public authorities and the Contract Documents and shall not unreasonably or equipment. isible for cutting, fitting or patching required to complete the Work or to make requiring cutting, fitting and patching shall be restored to the condition existing unless otherwise required by the Contract Documents. or shall:not damage or endanger a portion of the Work or fully or partially completed vtsl%or separate contractors by cutting, patching or otherwise altering such construction, or by •aet'or=shall not cut or otherwise alter such construction by the Owner or a separate contractor �nSrlh pft a Owner and of such separate contractor; such consent shall not be unreasonably )t9r tifnot unreasonably withhold fromthe Owner or a separate contractor the Contractor's ttherse altering the Work. AIA Document A201 TO —2007. Copyright 8`191!t 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 17 reproduction or distribution of this AIAe Document, or any portion of It, may result In severs civil and criminal penalties, and will be prosecuted to the maxlmum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08!05!2013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1869236535) provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to iniury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or issions of the Contractor, a Subcontractor, a Sub -subcontractor, anyone directly or indirectly employed by tletli or anyone for whose acts they maybe liable, regardless of whether or not such claim, damage, loss or expense is -part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, of reduce -_:._ - _,otherrights or obligations of indemnity that would otherwise exist as to a party or person described in this Section any person or entity indemnified under this Section 3.18 by an employee of the Conti -actor, irectly or indirectly employed by them or anyone for whose acts they may be liable, the 'under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, jayable by or for the Contractor or a Subcontractor under workers' compensation acts, ther employee benefit acts. architect lawfully licensed to practice architecture or an entity lawfully practicing :re the Project is located. That person or entity is identified as the Architect in the ighout the Contract Documents as if singular in number. d limitations of authority of the Architect as set forth in the Contract Documents shall ended without written consent of the Owner, Contractor and Architect. Consent shall 4.13, Omitted -3 § 4 2 ADMINISTRA'T`ION OI+' THE CONTRACT § 4.2 TI>e Architect ti►nll_°provide administration of the Contract as described in the Contract Documents and will be an Owne`r'srepresentaiWdduring construction until the date the Architect issues the final Certificate for Payment. The =Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4 2 -i The, Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar =with the progress and quality of the portion of the Work completed, and to �eterminean general if Work observed is being performed in a manner indicating that the Work, when fully completed; will b'ein accordance with the Contract Documents. However, the Architect will not be required to make 'ekhaustive or continuous onsite inspections to check the quality or quantity of the Work. The Architect will not have _ 'control -over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or ;for 'or andprograms n connection with the Work, since these are solely the Contractor's rights and -responsibilltiesi►hder;the ContiactDocuments, except as provided in Section 3.3.1. §4.23:On the basis of th-Csite visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion oftheWbi-k_completed, and report to the Owner (1) known deviations from the Contract Documents and from the inostrecent construction schedule submitted by the Contractor, and (2) defects and _defieiencies obsi:rved to lie -Work. The Architect will not be responsible for the Contractor's failure to perform the _Work in'�-ccord;ince'_i4'ith the requirements of the Contract Documents. The Architect will not have control over or = _ charge of `and Niill:not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or -__- -= employees, br ariy oche .persons or entities performing portions of the Work. --.- ;;_--§:5:2:4=G�1VfMiJNICATIONS FACILITATING CONTRACT ADMINISTRATION _ -_ - Except asott`eriuise provided in the Contract Documents or when direct communications have been specially atithonz.ed, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters aismg out of or relating to the Contract. Communications by and with the Architect's consultants shall be through tY eArcbitect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. Any direct communication between Owner and Contractor that affect the performance or administration of the Contract shall be made or confirmed in writing, with copies to the Architect, and any such communications that represent a modification of the Contract requirements will be documented appropriately. Any communications among the Architect and AIA Document A201" — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966,1970, 1976, 1987, 1997 and 2007 by The American !nit. Insltlute of Architects. All rights reserved. WARNING: This AIM Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 18 reproduction or distribution of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0 810 512 01 3 under Order No.8898942129_1 which expires on 0 810 412014, and is not for resale. User Nates: (1869236535) Subcontractors should be confirmed in writing to the Contractor. r H df sed on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review the amounts due the Contractor and will issue Certificates for Payment in such amounts. 6 Pe Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the ect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the W in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. Ijo. ever, neither this ilY ority of the Architect nor a decision made in good faith either to exercise or not to exercise slkCi authortt halt gi 'V641 e to a duty or responsibility ofthe Architect to the Contractor, Subcontractors, material and t equipment s iers th l�` gents or employees, or other persons or entities performing portions of the Work. § 4.. 7 The Arc heart ivrll"review and approve, or take other appropriate action upon, the Contractors submittals such as.Shop Draw1"As, PrgdU t D to and Samples, but only for the limited purpose of checking for conformance with 1nf6 matiols gbkn,attd3lvi6 es concept expressed in the Contract Documents. The Architect's action will he taken i in-accq} dlgiie- t tithe' �ibirtitt schedule approved by the Architect or, in the absence of an approved submittal edu sct@; ivit r so h{I . _liptness while allowing sufficient time in the Architect's professional judgment to i p rni t.adeq terevi .. Re�!i0} of such submittals is not conducted for the purpose of determining the accuracy and . coltispleteness gf4tl�er tjeWIS shch as dimensions and quantities, or for substantiating instructions for installation or p�rforlit nc�e�of equtrttent or//systems, all of which remain the responsibility of the Contractor as required by the - /Cotstra' i Doe �nt� a :Aici ltYet's review of the Contractor's submittals shall not relieve the Contractor of the obllg "tlot�srin eoscotjal) 3 , and 3.12. The Architect's review shall not constitute approval of safety precautions or, uApss of erWise sPecif icailj+'_rtated by the Architect, of any construction means, methods, techniques, sequences or preduresT}ieArchltect's apl7 oval of a specific item shall not indicate approval of an assembly of which the item is a ompo�ent. " / / l .- i hitect wtl"Pro"a)e Change Orders and Construction Change Directives, and may authorize minor j i§ `}r2rr Slier& . g g Y ch�` its t e Work as`provided in Section 7.4. The Architect will investigate and make determinations and 1;i70recQmlrtenda togs reg�lydilincealed and unknown conditions as provided in Section 3.7.4. j §, 4 2 �n Architect wilj coduct inspections to determine the date or dates of Substantial Completion and the date of fi1f 1'C9l lileii4tt tests C }�y Icates,of$ b tantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's f6iew Arid recors, written warranties and related documents required by the Contract and asserribled by the. Contractor pursuant to, -Section 9.10; and issue a final Certificate for Payment pursuant to Section § 42,10 'A Project:ke'presentati +i �lli,be employed on a periodic basis at the Site by the Architect. The Project 1 epresentattve's duties, rdsponsibiiities abd limitations of authority are similar to those set forth in ATA Document B i F h-Time'Projecl Rep?esentative,.a co of which shall be furnished to the Contractor. § 4.\1 The Architect. will intereret and decide matters concerning performance under, and requirements of, the '- Contract Documents on Written request of either the Owner or Contractor. The Architect's response to such requests ' will b� made in writing wjthin`poy�time limits agreed upon or otherwise with reasonable promptness. s° §'.2.12',Jnb*-pret4 Qht and decisions of the Architect will be consistent with the intent of, and reasonably inferable fro1, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and deetsions, the Archltectwill endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. §" 2yr�3rt(1] Ae� itect's decisions on matters relating to aesthetic effect will be final if consistent with the intent xprQss, allil bck I ontract Documents. f.Oitect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. Init. AIA Document A2011m —2007. Copyrighl ©1911, 1915, 1818, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1076, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized 19 reproduction or distribution or this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08/0512013 under order No.8898942129_1 which expires on 08104/2014, and is not for resale. User Notes: (1869236535) ARTICLE 5 SUBCONTRACTORS §_5.1 DEFINITIONS Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the -Work etthe site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number aridmean's a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not — _ ---_ -_ -include a separate contractor or subcontractors of a separate contractor. 5:1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform —_ — -_- a_portion of the Work afihe 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 SIMCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK §-5..2.1 Unless otherwi"ted in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after; award of=the;Contract, shall furnish in writing to the Owner through the Architect the names of persons or°entities (Including]those who are to furnish materials or equipment fabricated to a special design) proposed - fol "each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing staking (1) whether tf>e Owned or Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires_addttronal time for review. Failure of the Owner or Architect to reply within the 14 -day period shall -co nstrtute'notrce_-of do reasonable objection. § 5 21 Not later thaq ) 4 .days=from the contract date, the Contractor shall provide a list showing the name of the - 1Vianufactuiers jiroposed to beused for each of the products identified in the General Requirements of the Specifications (Qsion. })and where applicable, the name of the installing Subcontractor. § 5 2 12 The Architect -v promptly reply in writing to the Contractor stating whether the Owner or the Architect, - after due investigation; has reasonable objection to any such proposal. If adequate data on any proposed Manufacturer = or installer Is not ayadable; lid Architect may state that action will be deferred until the Contractor provides further data Failure of the OwiiiE. Architect to reply promptly shall constitute notice of no reasonable objection. Failure to object to a �lianufacture.r "shall not constitute a waiver of any of the requirements of the Contract Documents, and all iroducts furnished by the listed Manufacturer must conform to such requirements. § 5 2 2 die Coritt_ai for shall'iiot contract -.with a proposed person or entity to whom the Owner or Architect has made reasonable and tiriely objection..The Contractor shall not be required to contract with anyone to whom the Contractor - has Mader_ easopable'objection 5 2 3 If theOtutier or Architect has reasonable objection to a person or entity proposed by the Contractor, the I Contractor shall propose another t6 Whom the Owner or Architect has no reasonable objection. - § 5 2 4'The Coritiactor_shallrlot substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUB CONTRA.CTV L RELATIONS By appropriate agreement;-wrrlten-where legally required for validity, the Contractor shall require each Subcontractor, 'to the extent -of the WorkCo be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract y '-Documents, and toassume toward the Contractor all the obligations and responsibilities, including the responsibility fb safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and - Architect. Each subcottiact agreement shall preserve and protect the rights of the Owner and Architect under the = Contract Documents �nrith respect to the Work to be performed by the Subcontractor so that subcontracting thereof will _not prejudice -such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agrceinent, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the ContractDacuments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter mtoatmtlaragreements with Sub -subcontractors. The Contractor shall make available to each proposed _ ubcohtrsctor,_}s>`tor to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. AIA Document A201 m —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American lnit. Institute of Architects. All rights reserved. WARNING: Thla AIA® Document Is protected by U.S. Copyright Law and Internatlonal Treatles. Unauthorized 20 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 f maximum extent possib Is under the law. ThIsdocurnent was produced by A IA software al19:37:36 on 08/05/20113 under Order No.88989421291 whilchexpires on 0810412014, and Is not for resale. User Notes: (1&69236535) 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS ' hs deleted) i 3 ` y h 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 I .2 assignme t is subject to the prior rights of the surety, if any, obligated under bond relating to the �x Contrak-- 1 1 r 1 When the Qwpe accepts t e assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations Ode the subc retract. § 51�.2 iSp*sychlnssign cht, if the Work has been suspended for more than 30 days, the Subcontractor's eor peiisatton46.11 be �yiiabt. adjusted for increases in cost resulting from the suspension. )50.3 Upo)f such os ient,� the Owner under this Section 5.4, the Owner may further assign the subcontract to a III 6cessorzntracto. ot`oth�er tity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner-s all ii�e;theEe§s f6filain legally responsible for all of the successor contractor's obligations under the AR CLE 6 e�ONSTI�UC'�'I , N BY OWNER OR BY SEPARATE CONTRACTORS l § 611 OWNER'$ WGIITTOERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6 1 11e Ownef reserves lh right to perform construction or operations related to the Project with the Owner's own i ;iQes, and•to award separateceihtracts in connection with other portions of the Project or other construction or j - pp�Otions.Of the Me under Conditions of the Contract identical or substantially similar to these including those pof tionsd t ,rel teo ifsurance,and waiver of subrogation. If the Contractor claims that delay or additional cost is involveth'b0 use of such, a�i n by the Owner, the Contractor shall make such Claim as provided in Article 15. 4. § 6.12' WI en separate.contradts are awarded for different portions of the Projector other construction or operations an 'the sitei,llie tel to "Contra :tor(1 in the Contr ct Documents in each case shall mean the Contractor who executes each sepnfate Owrier-Contractor Agreeinent.: § 13.The Owner shall'provide.for coordination of the activities of the Owner's own forces and of each separate coni raptor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other 'separate'booiiactors and the Owner in.-reviewing their construction schedules. The Contractor shall make any revisions to the constr tion schedule deemed neeyssary after a joint review and mutual agreement. The construction schedules shall "then consti�t�te.th� schedules to,be used by the Contractor, separate contractors and the Owner until subsequently } § 6.1.4 Unless,otherwtse provid�e in the Contract Documents, when the Owner performs construction or operations related to the ProjectVlth the''O"\er's own forces, the Owner shall be deemed to be subject to the same obligations nd to have the Arne rights thaCapply to the Contractor under the Conditions of the Contract, including, without e eluding others tbo stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6A MUTUALRESPONSIBILITY § 6,2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and - - storage.of their aterials and equipment and performance of their activities, and shall connect and coordinate the CCn(rA0tor)$ 003 truction and operations with theirs as required by the Contract Documents. i § 6 71 2If part pft ic Contractor's Work depends for proper execution or results upon construction or operations by the Owner `pro)se00f to 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 ft and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. AIA Document A20117" —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1983, 1966, 1970, 1978, 1987, 1997 and 2007 by Tho American Init. Institute of Architects. All rights reserved. WARNING: This AIAs Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 reproduction or distribution of this AIAe Document, or any portion of K. may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810 512 01 3 under Order No.8898942129_1 which expires on 0810 412 01 4, and is not for resale. User Notes: (1869236535) §_6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor bRE ause. 9f the Contractor's delays, improperly timed activities or defective construction. The Owner shall he responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly -timedacttvities, 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 construction or to property of the Owner or separate contractors as provided in Section 10.2.5. §_152.5The C described for ler and each separate contractor shall have the same responsibilities for cutting and patching as are Contractor in Section 3.14. S RIGHTTO CLEAN UP s among -the, Contractor, separate contractors and the Owner as to the responsibility under their icts for:maintaining the -premises and surrounding area free from waste materials and rubbish, the n up and willW.allocate the cost among those responsible. MANGES:A THE WORK be accomplished after execution of the Contract, and without invalidating the ruction Change Directive or order for a minor change in the Work, subject to the and elsewhere in the Contract Documents. based upon agreement among the Owner, Contractor and Architect; a Construction nent by the Owner and Architect and may or may not be agreed to by the Contractor; e Work may be issued by the Architect alone. shall be performed under applicable provisions of the Contract Documents, and the lmptly, unless otherwise provided in the Change Order, Construction Change Directive or the Work. -.._...f..141J.t}11lTAa'_VA4/Ju.rU; 7:2.1 A Change _Order isa written in prepared by the Architect and signed by the Owner, Contractor and Architect stating _(b agreement uponfall of the following: - 1 SheAtinge in the^Work, 2 The amount:of the adjustment, if any, in the Contract Sum; and =:3. The extent of the adjustment, if any, in the Contract Time. -7.3 CONSTRUCTIO_ N CHANGE -DIRECTIVES § 7,3;1 A Constructloii Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing.a changem the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time e, or both. The Owner may by;Construction Change Directive, without invalidating the Contract, order changes in the Work within the general sc_6bCof the Contract consisting of additions, deletions or other revisions, the Contract -.Sum an lime being adjusted accordingly. §,73.2 A Cottstructi&`!Xhange Directive shall be used in the absence of total agreement on the terms of a Change Order. §3 3 3lfthe Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be -__ .based:on one of_ he following methods: IGlutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or AIA Document A201 m —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American [nit, Institute or Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 19;37.36 on 08105120113 under Order No,8898942129_1 which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) §? Co oc -- 7 ler and each separate contractor shall have the same responsibilities for cutting and patching as are Contractor in Section 3.14. S RIGHTTO CLEAN UP s among -the, Contractor, separate contractors and the Owner as to the responsibility under their icts for:maintaining the -premises and surrounding area free from waste materials and rubbish, the n up and willW.allocate the cost among those responsible. MANGES:A THE WORK be accomplished after execution of the Contract, and without invalidating the ruction Change Directive or order for a minor change in the Work, subject to the and elsewhere in the Contract Documents. based upon agreement among the Owner, Contractor and Architect; a Construction nent by the Owner and Architect and may or may not be agreed to by the Contractor; e Work may be issued by the Architect alone. shall be performed under applicable provisions of the Contract Documents, and the lmptly, unless otherwise provided in the Change Order, Construction Change Directive or the Work. -.._...f..141J.t}11lTAa'_VA4/Ju.rU; 7:2.1 A Change _Order isa written in prepared by the Architect and signed by the Owner, Contractor and Architect stating _(b agreement uponfall of the following: - 1 SheAtinge in the^Work, 2 The amount:of the adjustment, if any, in the Contract Sum; and =:3. The extent of the adjustment, if any, in the Contract Time. -7.3 CONSTRUCTIO_ N CHANGE -DIRECTIVES § 7,3;1 A Constructloii Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing.a changem the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time e, or both. The Owner may by;Construction Change Directive, without invalidating the Contract, order changes in the Work within the general sc_6bCof the Contract consisting of additions, deletions or other revisions, the Contract -.Sum an lime being adjusted accordingly. §,73.2 A Cottstructi&`!Xhange Directive shall be used in the absence of total agreement on the terms of a Change Order. §3 3 3lfthe Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be -__ .based:on one of_ he following methods: IGlutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or AIA Document A201 m —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American [nit, Institute or Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 19;37.36 on 08105120113 under Order No,8898942129_1 which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) .4 As provided in Section 7.3.7. nit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally .r botlte►Yi ted are materially changed in a proposed Change Order or Construction Change Directive so that It at t of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contrc or, the applicable unit prices shall be equitably adjusted. §J7 3. Upon receipt ofa. Construction Change Directive, the Contractor shall promptly proceed with the change in the Wok involved and advlk�e the Architect of the Contractor's agreement or disagreement with the method, if any, f prided in iii Consttyclton Change Directive for determining the proposed adjustment in the Contract Sum or l r i ltract Ttrhe.. r r § 7.6.6 A Const ct}ott Chnge Directive signed by the Contractor indicates the Contractor's agreement therewith, i including adjust ent in C ntract Sum and Contract Time or the method for determining them. Such agreement shall be effective im 4ately,W Shall be recorded as a Change Order. f § 7.3,7 If the Contractff does n t respond promptly or disagrees with the method for adjustment in the Contract Sum, 4he Architect stall determine t e method and the adjustment on the basis of reasonable expenditures and savings of t ose pert rm#r;g t Oork ogftqutable to the change, including, in case of an increase in the Contract Sum, an amount /for overl3Z and p oftt asset forth in (lie Article 7.3.10.1 through 7.3.10.5 below. In such case, and also under Section ` 3.3 the Coq raelpr l alllkcee and present, in such form as the Architect may prescribe, an itemized accounting \ toget ,Ir�Mth45pr;9prlat. syppot!ing data. Unless otherwise provided in the Contract Documents, costs for the purposes of Mils SOct#q 7x.7 sh II be limited to the following: A , Costs of labor, irpcluding social security, old ageand unemployment insurance, fringe benefits required :by-greement,or custom, and workers' compensation insurance; 2 Cysts of 0i tectal;$, supplies and equipment, including cost of transportation, whether incorporated or t �bn aped;, If .3� }L`ental.costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor 1 or others, / i4ttspfptd turns for all bonds and insurance, permit fees, and sales, use or similar taxes related to the WQrk, and' i Addettotial is of supervision and field office personnel directly attributable to the change. i § 7/3.8 The amount of credit to be allo� d by the Contractor to the Owner for a deletion or change that results in a net decrease in the ContraefSum shall be actual net cost as confirmed by the Architect. When both additions and credits cov6riitg relatcd Worklor s'ut)titutions are involved in a change, the allowance for overhead and profit shall be figured on th$14sig ofnet-increase, rf any; with`espect to that change. § 719 Pendin)nal dgtermrttat on :of the total cost of a Construction Change Directive to the Owner, the Contractor ' rrty request paymetit for Work completed under the Construction Change Directive in Applications for Payment. The Architect wjll. oke an int�rini, etermination for purposes of monthly certification for payment for those costs and t certify for payerit the amount tht the Architect determines, in the Architect's professional judgment, to be reAso�ably justified The Arehitecs interim determination of cost shall adjust the Contract Sum on the same basis as Change Ordcr;;sub'ect to the right of either party to disagree and assert a Claim in accordance with Article 15. i § 713.10 In.Subparagra h 7.3.7 the allowance for overhead and profit combined, included in the total cost to the OW ler, shajl bee basedon the following schedule: A For the Contractor, for any Work performed by the Contractor's own forces, 10 percent of the cost. - - - -- - - --.Z For.the Contractor, for Work performed by the Contractor's Subcontractor, 5 percent of the amount due the l Sdb ,4 actor. .3 For ach Subcontractor or Sub -subcontractor involved, for any Work performed by the Subcontractor's o�uti f41 es, five percent of the cost. .41p (Oer to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontractors. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, th ey shall be itemized also. In no case wi 11 a change involving over $500.00 be approved without such itemization. AIA Document A201 T" — 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No.8898942129_1 which expires on 08104/2014. and is not for resale. User Notes: (1869236535) ,S The Architect will have access to all records and costs from prime contractors, sub -contractors, and _ s uppliers for the base bid work, alternatives and change orders in order to evaluate certificates of payment i = = and change order requests. § 7 4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be =effected by written order signed by the Architect and shall be binding on the Owner and Contractor. §:8:1.1 Unless=otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in _ flie Contract Documents for Substantial Completion of the Work. _ = _ _ §-8.1.2 Tlie date ofcommencement of the Work is the date established in the Agreement. _ - § 81 3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. 81 4 The term' -'day' asf'used in the Contract Documents shall mean calendar day. § 8, 2 PROGRESS AND COMPLETION -§'8;2_J TimeLmlts_stated'tn thy=Contract Documents are of the essence of the Contract. By executing the Agreement =the Contractor confirms that the Contract Time is a reasonable period for performing the Work. - § 8.2 2'Ihe Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on'-tiie site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and_`Owner. The date of commencement of the Work shall not be changed by the effective .-da &ofsgcl.insurance "911 3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion withiatlie=Cor,tractTime: _-'- §: 8.3. DELAYS AND EXTENSIONS OF TIME §.8 3 1Jfthe Contractor is dela'--- - taay time in the commencement or progress of the Work by an act or neglect of tine Owner or Architect or of an'elnployee of either, or of a separate contractor employed by the Owner; or by changes -.ordered in'tli A' ork, or byilabor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes _7. beyondihe Contractor's control, oe by=delay authorized by the Owner pending mediation and arbitration; or by other - catrses that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the ArcJi 6$34nay determine. 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 seventytwo (72) hours of the. beginning of thedelay: § 813:2 Claims relating t-dtime sh, all be made in accordance with applicable provisions of Article 15. ARTICLE 9 PAYMENTS AND COMPLETION 9 1, CONTRACT SUM The Contract'Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the _ Owi7er to_the Contractor for performance of the Work under the Contract Documents. - - -A-9 2 SCHEDUL E OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the AIA Document A201n — 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American !nit. Institute of Architects. All rights reserved, WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized 24 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 19.37:36 on 08105/2013 under Order No.8898942129 1 which expires on 0810412014, and Is not for resale. User Notes: (1869236535) Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. LICATIONS FOR PAYMENT least fifteen days before the date established for each progress payment, the Contractor shall submit to the rchltect an itemized Application for Payment prepared in accordance with the schedule of values, if required under N.itori 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such to substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of teq isitions from Subgg7ktractors and material suppliers, and shall reflect retainage ifprovided for in the Contract p uments.� a form of�pplicalion for Payment shall be notarized AIA Document G702, Application and 06tificatio>t;t?�Y Payrpe& supported by AIA Document G 703, Continuation Sheet. § 9.3.1.1 As pro idgd in" S�ction 7.39, such applications may include requests for payment on account of changes in the IWork`that h ve-been pf operly authorized by Construction Change Directives, or by interim determinations of the Arcitept, butot,yet included in Change Orders. § 9.33.2 A� p ficatlonsjfor Pa ent shall not include requests for payment for portions of the Work for which the �;ontractor Oes.riot i 'tend top y a Subcontractor or material supplier, unless such Work has been performed by others whom the/ ohiractor intends t pay. 9.3.1.3 Mat'il& Work'5,O pe r•cent complete, the Owner will pay 95 percent of the amount due the Contractor on accou/ pf progre$s pa encs. t the time the Work is 95 percent complete and thereafter, if the manner of colli letion o the Wo k and its ogress are and remain satisfactory to the Architect, and in the absence of other good and s(1ffi6ient reqs, s,: the Architect will (on presentation by the Contractor of Consent of Surety for each A plication)'autrbrize any.rgmaining partial payments to be paid in full. 9�i} e,u�l Cgntract ret nage may be reinstated if the maturer of completion of the Work and its progress do Y hot7emaintis etory.to the:.chitect (or ifthe Surety withholds its consent) or for other good and sufficient reasons. § 9.- J 5 _er the Work, is,Aubstantially complete and the Architect has determined that the list of items to be completed arld corrected 4cceptable,-the retention shall be adjusted so that the sum has a direct relation to the value of the Work lne'luded oq.the IisSr r I f §-9.3:2 Unless other'wise)provided In the Contract Documents, payments shall be made on account of materials and equipment delivered and sttil� bly stored at the site for subsequent incorporation in the Work. If approved in advance ? by the.Owr ;payment may.similaily.=be made for materials and equipment suitably stored off the site at a location agreed upon 1h,writing. Paymettt for tYtoerials and equipment stored on or off the site shall be conditioned upon co plia andace by. the C'optractor with procedures satisfactory to the Owner to establish the Owner's title to such materials quipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage ` and h a sporta t4e-for such materials and equipment stored off the site. § 9.3 p The Contractor warrants t at title to all Work covered by an Application for Payment will pass to the Owner no -later tha� the ti0v of payment."The Contractor further warrants that upon submittal of an Application for Payment alt Work for wlllah Certtf cates for Payment have been previously issued and payments received from the Owner shall, to the rk f of the Contras..Q 's knowledge, information and belief, be free and clear of liens, claims, security interests or enehmbrances in favor. -df 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 33 I .The firs payment application shall be accompanied by the Contractor's partial waiver of lien only, for the fah alnoUnt ofth, payment. Each subsequent monthly payment application shall be accompanied by the Contractor's partial'waive r, a d by the partial waivers of Subcontractors and suppliers who were included in the immediately recedin' a r t application to the extent of the payment. Application for final payment shall be accompanied b P.: g: p pp P Ym pP P Yt p Y final waivers of lien from the Contractor, Subcontractors and Suppliers who have not previously furnished such final waivers. Inst. AIA Documont A201 m —2007. Copyr[ghl ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1903, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights roserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This document was produced byAlA software at 19:37;30 on 08105/2013 under Order No.8898942129_1 which expires on 08/04/2014, and Is not for resale. User Notes: (1869236535) _—&,9.4 CERTIFICATES FOR PAYMENT R_9 4 Me 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 is :__ _ properly`due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. _9.4 2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based _onahe Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledg0Jnfoi..rr►ation and belief, the Work has progressed to the paint indicated and that the quality of the Work is fn_accordance=with the Contract Documents. The foregoing representations are subject to an evaluation of -'the- Work for conformancewith the Contract Documents upon Substantial Completion, to results of subsequent tests — and inspections,to correetibn of minor deviations from the Contract Documents prior to completion and to specific _ qualifieations_eitpressed by the Architect. The issuance of a Certificate for Payment will further constitute a r_epYesentattoti that_ahe Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payirient -1 1 rtof be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the_quairtyQr quantity -the Work, (2) reviewed construction means, methods, techniques, sequences or procedures,{3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data - request6d-b the Ownei to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for- what_ purpgse tfie Contra_cfor has used money previously paid on account of the Contract Sum. ___§a.5__ DEG]SION$ TO WITHHOLD CERTIFICATION ASA The ArchiFect may wltlliold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the; Owner; if In the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made -lf,the Architect ts-Unable to certify payment in the amount of the Application, the Architect will notify the pr Contractor and Owner as_ovidd in Section 4.4,1. If the Contractor and Architect cannot agree on a revised amount, ahe Architect wrll_}iromptlyassue a Certificate for Payment for the amount for wh ich the Architect is able to make such __ epm- tatiotls tothe Owner :The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evIdence, mayn—ullify the whole or a part of a Certificate for Payment previously issued, to such extent as - may ben+ aessaryin-the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, inclu&gloss resulting froln,'Acts and omissions described in Section 3.3.2, because of _ _ defective=Work not remedied; .2 thirdphrty claims filed or -reasonable evidence indicating probable filing of such claims unless security _ = acceptable to the owner is provided by the Contractor; - - - — - -3 failure of the Contract=or to make payments properly to Subcontractors or for labor, materials or equipment;'; t9 reasonable evidence-tfiat.the Work cannot be completed for the unpaid balance of the Contract Sum; '.5 ':_damage to the Owner or d -separate contractor; reasonable evidence 6at'the Work will not be completed within the Contract Time, and that theunpaid balance'would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure_to carry out the Work in accordance with the Contract Documents. § 9.5:2 When the above rea_so_ na.for withholding certification are removed, certification will be made for amounts previously_withheld. — §:9.5,3 If the Arcltect.withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks_to ttieContractor and to any Subcontractor or material or equipment suppliers to whom the - Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner-_makes;payments by joint check, the Owner shall notify the Architect and the Architect will reflect such __payment on tt►erext Certificate for Payment. §'9 6PR6GRESS PAYMENTS f Affff theArchitect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the !nit. AIA Document A201TO —2007. Copyright Q 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 AIAe Document Is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized 26 reproduction or distribution of this AIM Document, or any portion of It, may result Inaevere civil and criminal penalties, and will be prosecuted to the f maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0 810 512 01 3 under Order No,8898942129_1 which expires an 0 810 412 01 4, and is not for resale. Us er Notes: (1869236535) 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 matmer. e Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of f coin ti` or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account ofpgrtgns of the Work done by such Subcontractor. - _§-9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid ontractors and m to ial and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Wo k. If the Contract4-r°Is to furnish such evidence within seven days, the Owner shall have the right to contact Su. ontractors io asce"Oki, whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or t6i sde to the payment of money to a Subcontractor, except as may otherwise be required bylaw. i material and equipment suppliers shall be treated in a manner similar to that provided A Ceeif cote fo'r Payrrieht, a progress payment, or partial or entire use or occupancy of the Project by the shall/n ot cotastittl`te acceptance of Work not in accordance with the Contract Documents. AIA Document A2017m --2007. Copyright CEJ 1911, i 915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNfNG: This AIA* Document Is protected by U.S. Copyright I.ew and International Tnetlse. Unauthorized 27 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the ! maximum extent possible under the law. This document was produced by AIA software at 19'37:36 on 08/0512013 under Order No.8898942129_1 which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) Unless the Contraetorprovides the Owner with a payment bond in the full penal sum of the Contract Sum, payine. (S16&4,6the ogtractor for Work properly performed by Subcontractors and suppliers shall be held by t�adtoi/for those'S bCoht'actors or suppliers who performed Work or furnished materials, or both, under eon7act_mthi the Co tktar for�which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any Fiduciary lipb}lity r tort7lliility on thppart ofthe Contractor for breach of trust or shall entitle anyperson or entity to an award of unitive, am4ges agaipsfthe'Contractor for breach of the requirements of this provision. 1 f § 9.7 VAI[. RE OF )PAYM�NT l6weAI chitect ¢qes not tss a Certificate for Payment, through no fault of the Contractor, within seven days after rec�tt;f the Coltlraotbr'pplication for Payment, or if the Owner does not pay the Contractor within seven days i after the it to established iiiII)e Contract Documents the amount certified by (lie Architect or awarded by binding dispute f" of the the04he'I ontractor may, upon seven additional days' written notice to the Owner and Architect, 9.'8 S(TBSTAIVTIAL COMPI.ETIq § 9 $ 1 Substantial Completion is the stain the progress of the Work when the Work or designated portion thereof is su f� cicntly c6mplete f accordance Wlth the Contract Documents so that the Owner can occupy or utilize the Work for its ntended use, I l? § 9.8.2 When tfte`Contr-actor confiders that the Work, or a portion thereof which the Owner agrees to accept se0ar4tely, is substantially cotnp!.�te, the Contractor shall prepare and submit to the Architect a comprehensive list of Items to -be oQmpleted or corrected prior to final payment. Failure to include an item on such list does not alter the tponsi,lijlh� blithe contractor to complete all Work in accordance with the Contract Documents. § 9;8.3 UpoiY'iet}4t of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete, If the Architect's inspection discloses any item, whether or not — ii4cluded;vn kht contractor's list, which is not sufficiently complete in accordance with the Contract Documents so #1►t lltein occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, befvx t ti466 .e' f the Certificate of Substantial Completion, complete or correct such item upon notification by the AP�I}iteCt' >Ultic case, the Contractor shall then submit a request for another inspection by the Architect to determine Sitb [alttia Cori letion. § 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 § 9.6.5 Init. 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 acceptance by the City of Oshkosh City Manager. § °9 8 STlie 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 or designated portion thereof. Such payment shall be`adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §_9.9 PARTIAL OCCUPANCY OR USE The Owner may -occupy or use any completed or partially completed portion of the Work at any stage when _ = such portion ts-designated''-by separate agreement with the Contractor, provided such occupancy or use is consented to by_#the insurer as,requtred under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. S"rtial occupancy or use may commence whether or not the portion is substantially complete, provided t -he Owner and-ract _Contor haye accepted in writing the responsibilities assigned to each of them for payments, retainage; 11 any, security; maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing _ cohoelntrig the period for correction of the Work and commencement of warranties required by the Contract Documents WhetilheCoptractor considers a portion substantially complete, the Contractor shall prepare and submit a_ list to the Arcf►>tect as pr9yded under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not -be unreasonably vintftheld"The stage of the progress of the Work shall be determined by written agreement between - = the Owner and Goiitractor or if no agreement is reached, by decision of the Architect. ' §=9�I Itnmediatelyprto�'to su partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to b- aci;upled nobrtion of the Work to be used in order to determine and record the condition of the Work. § -9 9 3TJnless oth`erwtse agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Worknot compl_Ndng with the requirements of the Contract Documents. § 910 FINAL CON TLETION AND FINAL PAYMENT Upo § 4101 n receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and -' upon -_receipt of :finai Application for Payment, the Architect will promptly make such inspection and, when the Architect finds theWork acceptable under the Contract Documents and the Contract fully performed, the Architect ivil! pPomptly�&sue a final -Certificate for Payment stating that to the best of the Architect's knowledge, information and belief; and out the basis of the`ArGhlfeck'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 rioted iff.the _finai.Cerrificate is due and payable. The Architect's final Certificate for Payment will constitute a fttrthe representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being -T entitled to:final.payrnenthave ,beeri-;fulfilled. § - 9. XO t In addition to tlieArchtfects`fiisnal certificate for payment, the work must be accepted by the Owner. -§ 9.10.2 Neither finalpayment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidaytt that_.payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which thc.Owner.or.Ihe Owner's property might be responsible or encumbered (less amounts withheld -byOwner) have -been paid or otherwise satisfied, (2) a certificate evidencing That insurance required by the Contract Documents 6 remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least3 days' pFior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no subsiisrtttal °teason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing - - -- payment_ or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or ricumbraacesaising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may fut-nisii a bond satisfactory tothe Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are tiiadesth contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including alt costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the AIA Document A201 TM —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. WARNING: This AIAo Document Is protected by U.S. Copyright Law and International Treaties_ Unauthorized 28 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 19:37:36 on 0 810 51201 3 under Order No.8898942129 1 which expires on 0810412014, and is not for resale. User Notes: (1869236535) Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contractmake payment of the balance due for that portion of the Work fully completed and accepted. If the remaining r r Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if t e been famished, the written consent of surety to payment of the balance due for that portion of the Work ! 'fully:.com leted and accepted shall be submitted by the Contractor to the Architect prior to certification of such § . paymeq Such payment shall be made under terms and conditions governing final payment, except that it shall not ,�3 egtlshl to a waiver of claims. 910,4 The making offnal payment shall constitute a waiver of Claims under the contract by the Owner except those arming from! security interests or encumbrances arising out of the Contract and unsettled; .2,`f ilur¢ of,th Work to comply with the requirements of the Contract Documents; or to ms of wa rarities required by the Contract Documents. § 9.10.5'Acccpance of fi al p�ymcnt by the Contractor, a Subcontractor or material supplier shall constitute a waiver of ail{ s,byt4 t payee exgept:-t ose previously made in writing and identified by that payee as unsettled at the time of fill l t�pplieat ori. for P�yment, POTEC IQN OF PERSONS AND PROPERTY Y §'14.1 AFiTY'P CAjOTIONS AND PROGRAMS �The:Coj�tr�ctor�h4t� berespopki le for initiating, maintaining and supervising all safety precautions and programs in Gonne tion w.i the perfo(m nce of the Contract. §10.2 SA> ETY OF' PERS01�1 AND PROPERTY § 0.2.1 he Coptr4clor shalj•take reasonable precautions for safety of, and shall provide reasonable protection to P event t# mage,initiry:ort1dss t ._ 1 `r1, clnploye.�oo ' Work and other persons who maybe affected thereby; J 2 ;tom Work and �Iterials and equipment to be incorporated therein, whether in storage on or off the site, updeY. ears; custody or control of the Contractor or the Contractor's Subcontractors or ,Sub.§t.tbcontractors; and Qther property t the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, i st ucttiressd utilities not -designated for removal, relocation or replacement in the course of constructio § 10.i,2'Oc Contractor''phall comply ith and give notices required by applicable laws, statutes, ordinances, codes, rules apd regulations, o►td laAl orders of public authorities bearing on safety of persons or property or their i !�protectiohnfrom,damage, injury or Igss,, § 12.3 The.Cofttractoj shall crect andmaintain, as required by existing conditions and performance of the Contract, teas. nable safeguards`for safety and protection, including posting danger signs and other warnings against hazards, promulgating afelyregulations and notifying owners and users of adjacent sites and utilities. § 10.7A When use or storage of losives 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 SL ervislon of properly qualified personnel. §.11 .2.4.1 When use. gr�torage of explosives or other hazardous materials or equipment or unusual methods are necessary, the Contractor shall give the Owner reasonable advance notice. Contractor shall promptly remedy damage and loss (other than damage or loss insured under property Insurance regpired by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in pattthe Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by _any of thcnt 90t), anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. AIA Document A201 ru — 2007. Copyright ®1911, 19 15, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved, WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 29 reproduction or distribution of this AIA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810 512 01 3 under Order No.8898942129_1 which expires on 08/0 02014. and Is not for resale. User Notes: (1869236535) § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty sl alllo-iheprevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated 6y the Contractor in writing to the Owner and Architect. _ _ §10.2.7_The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. __§_10.2.8 INJURY OR-DAMAGE TO PERSON OR PROPERTY Ifeither party _suffers injury or damage to person or property because of an act or omission of the other party, or of _ others for whose acts such party is legally responsible,written notice of such injury or damage, whether or not insured, - shall be given fo the okher=party within a reasonable time not exceeding 21 days after discovery. The notice shall provide suff tient detail toenable the other party to investigate the matter. § 10.3 HAZARDOUS- RIALS Contractor is:ie---- sible for compliance with any requirements included in the Contract Documents = regarding-hazardous materials,=lf the Contractor encounters a hazardous material or substance not addressed in the Contracti Documents and_if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting-from arriat6ial or substance, including but not limited to asbestos or polychlorinated biphenyl _- (P,CB),_encountered on the_si#e by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work jn Alfeaffectedarea olid report the condition to the Owner and Architect in writing. - - r § 40 3 2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to uerifythe presence or ahsence of the material or substance reported by the Contractor and, in the event such material or substance is fobn to 6c-'— 't to cause it to be rendered harmless. Unless otherwise required by the Contract t Documents the Owner shall furnish in writing to the Contractor and Architect the names and qualifications ofpersons -or entitles'who are to perform-tests verifying the presence or absence of such material or substance or who are to ;perform the task of removal Wsafe containment of such material or substance. The Contractor and the Architect will pfomptly reply to the O"erin writing stating whether or not either has reasonable objection to the persons or entities proposed =by the Owner. f either the Contractor or Architect has an objection to a person or entity proposed by the Orierz the Owner shall prolfose another to whom the Contractor and the Architect have no reasonable objection. - When -the material_or substance has been-rendered harmless, Work in the affected area shall resume upon written _agreeinent of t11e Owner and Contractor-By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased,in.the=amount of the Contractor's reasonable additional costs of shut-down, delay and start u _ §10 3 3 Omitted -` _419.3..4The Owner shall Vnot be iespansible for materials and substances brought to the site by the Contractor.. 193.5 The,Contractor-shiiTindemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or kubstance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault __or negligence - 10.3.6 Omitted` = — § 10.4 EMERGENCIES _Tn an-emergericy_._affecting-safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent dafeii6d damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. -T ARTICLE 11 'INSURANCE AND BONDS - _ § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 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 project the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the AIA Document A201 i —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966,1970, 1976, 1987, 1997 and 2007 by The American Init. Instilule of ArchUecls. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 30 reproduction or distribution of this AIAB Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the ! maximum extant possible under the law. This document was produced byAlA software at 19:37:36 on 08105!2013 under Order No -8898942129_1 which expires on 0810412014, and is not for resale. User Notes: (1869236535) contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor, or by a Sub -Sub Contractor or by anyone directly or indirectly employed by any of them, or by anyone acts any of them may be liable. Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; -- - z.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the i - Contragtor's employees; .41.1claims 1'br1 amages insured by usual personal injury liability coverage; 1 .5 t,' �lalm3 forjamages, other than to the Work itself, because of injury to or destruction of tangible s p operty,'in luding loss of use resulting therefrom; bI C altl`►s for' amages because of bodily injury, death of a person or property damage arising out of o�ership ma ntenance or use of a motor vehicle; .7 C ]aims fo�bodlly injury or property damage arising out of completed operations; and :8 :Cl0ims.irw91Vin contractual liability insurance applicable to the Contractor's obligations under Section/3.18. 11.1,2'Tc Contr�actor shall 'bide by the document City of Oshkosh Contractors Insurance without Property I Insurance Requir. hleilts". §4931 4ertif.� c res o'#`f urallce acceptable to the Owner shall be filed with the Owner prior to commencement of the Wor� and thy' fter union rend 1 or replacement of each required policy of insurance. These certificates and the instlra'nce l? licies,required by this Section 11.1 shall contain a provision that coverages afforded under the policies wt�l,tiot be panc9led.oi• allowed to expire until at least 30 days' prior written notice has been given to the Owner. An a6gitiona� cci(ificateevidp�ncingt . eontinuation of liability coverage, including coverage for completed operations, shall estib)nitt wflli thefilial Apo ication for Payment as required by Section 9.10.2 and thereafter upon renewal or e lacemen ofs ch'coverage until the expiration of the timerequired by Section 11.1.2. Information concerning \' `r ddct on: sof o�veerageon stunt of revised limits or claims paid under the General Aggregate, or both, shall be furnish l hi :Contraeto- with reasonable promptness. 11 I,4:Crhfigates pfIrsu once for the ave covers es and the Owner's Protective Polic shall be submitted to the § ,' g Y Architect fb5 transmittal to the Qwner:prt r to the start of construction. If the "additional insureds" have other i4rahee.which is applicable to the los� it shall be on a excess or contingent basis. The amount of the company's liability under this polio sh.ali'not be%duced by the existence or such other insurance. Contractors' certificates shall be In duplicate on standk4CORD forms. f +r §'11.1.5 The ob igations of the.contracl? under the provisions of this Article shall not extend to the liability of the Afchitcct, his agents, or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, sur bys, change orders designs, or specifications, or (2) the giving of or the failure to give directions or instructions by ' the Akhitect,.h is agents or �rnployees to the extent that such giving or failure to give is the cause of the injury or damage. 0WNF4R'S.,LIABILITY INSURANCE e Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 1 .3 PROPERTY°I1 URANCE § 11,3,1 Contractor shall be compensated to provide property insurance as required in the Document 'City of Oshkosb,Con(ruc or's Insurance with Property lnswanceRequirem ents'. (Paragial. d+ 1qed) § 11.34 $QILER AND MACHINERY INSURANCE Contractor shal l be compensated to provide Boiler & Maehineryl urance as required in the document "City of Oshkosh Insurance with Property Insurance Requirements". (Paragraphs deleted) § 11.4 PERFORMANCE BOND AND PAYMENT BOND Intt. AIA Document A201 .- 1 2007. Copyright (01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 reproduction or distribution of this A1Ae Document, or any portron of It, may result In seven civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced byAIA software at 19:37:36 on 08105/2013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1869236535) (Paragraphs deleted) --§-1-1.4 The Contractor shall furnish performance and payments bonds covering faithful performance of the Contract and`pajrlent of the obligations arising thereunder. Bonds must be obtained through companies licensed to do business �n the,$tate of Wisconsin and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equ�00 percent of the Contract Sum. -- -==A1tTICLE 12 UNCOVERING AND CORRECTION OF WORK - - - - -§7fL4 UNCOVERING OF WORK If a portion of the Work is covered contrary to the Architect's request or to requirements specifically --expressed in,the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's - examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If:a portion ofthe"Workhas 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 withahe Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, beat -ft .Ownerr-!s expense. If such Work is not in accordance with the Contract Documents, such costs andthe:cost of correction Aiallbe 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. 6.12 2 ff RRECTION OF WORK § 12 2!"BFFOPX OR AFTER SUBSTANTIAL COMPLETION _ The COntractar shall proiriptly correct Work rejected by the Architect or failing to conform to the requirements of the - corrtraet:TJocuments, 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 uncpvering and replacement and compensation for the Architect's services and expenses made necessary thereby, shall be; at the Co►rtractor.'s expense. § 12 2 2 AFT &.-SUBSTANTIAL COMPLETION §--121.2Jin addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work'or designated portion thereof or after the date for commencement of warranties established = under, Section 9.9.1, orbytethis of an applicable special warranty required by the Contract Documents, any of the V4!ork ts;found to.be not 1naccordance.with., the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor _- wW itten acceptance of such coridinon _The Owner shall give such notice promptly after discovery of the condition. If — -an lssuefisknowfil uriiig the on year period for correction of Work and if the Owner fails to notify the Contractor and v --e, the -Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the 'Contractor and to make a claim for-breac_h of warranty. If the Contractor fails to correct nonconforming Work within a seasonable time during that penod_afte- receipt of notice from the Owner or Architect, the Owner may correct it in accordance with -Section 2A 7. §-`12 2;2.2 The one year period for correction of Work shall be extended with respect to portions of Work first performed atter Substantial Completion by the period of time between Substantial Completion and the actual completion of that portlon'_of the'Work. = E §';12 2 2:3, Omitted §=12.2.3 The Contractor shall remove fi-om the site portions of the Work that are not in accordance with the requirements of the Contract Documents and areneither 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 y. -comp efed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work 'that 1s not_in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, andhas no relationship to the time within which the obligation to comply with the Contract Documents may be AIA Document A201m —2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, i961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American snit. Institute of Architecls. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 reproduction or distribution of this AIAS Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08105/2013 under Order No.8898942129_1 which expires on 08/04/2014, and Is not for resale. User Notes: (1869236535) sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liabilit with respect to the Contractor's obligations other than specifically to correct the Work. 1 an requirements shall be extended to all corrected work. I ------ - ;§ 12,3 ACCEPTANCE OF NONCONFORMING WORK `If t e caner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Own r may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as -ap. Wopriate and equitablec Such adjustment shall be effected whether or not final payment has been made. AR;TICLE J:3 \MIS,"UANEOUS PROVISIONS §.41 GO,VE INO Lr'Y Th I Contract shA II'be governed by the law of the State of Wisconsin. § 13.2 SUCCF�SSQRS r, 6"ASSIGNS § 1 ,2,1 The•Owncr and Cbrit+tor respectively bind themselves, their partners, successors, assigns and legal rs resetttahvps to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Stiction 131'2,'neither party tol1the Contract shall assign the Contract as a whole without written consent of the other. I if either p�ty'atte�J �t� to make such an assignment without such consent, that party shall nevertheless remain legally responsF ?e,for all/abtigations lander the Contract. § 13;�;2,Tht; O�per'iritiy' wtt�4 .t consent of the Contractor, assign the Contract to a lender providing construction financing foX the Piojgj-if chi l hder assumes the Owner's rights and obligations under the Contract Documents. The Co tractor,sQ, exeate all cot lents reasonably required to facilitate such assignment. 1- i ,�` i3 s wiur ren ivsJ-r tv� Wrttten;notiu�e 6611 be eetttied'to have been duly served if delivered in person to the City of Oshkosh Director of �ubltc Works or to t ie CFO o /6ron Construction; or if delivered at, or sent by registered or certified mail or by �courter stSrVi�Ce }irovfdltig pr96f of delivery to, the last business address known to the party giving notice. ! § 13 .4, RI HTS AND REI FDIES § 13 41 U' u0s; and obllgaW s imposed. -by the Contract Documents and rights and remedies available thereunder 1 shal be in addition to anal Wt a ]'imitation.df duties, obligations, rights and remedies otherwise imposed or available by lati § 13;4,1 No action or fat uredo act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afford4thin under the Contracl ri6r s all such action or failure to act constitute approval of or acquiescence in a breach' thernder, except asmaybe spifically agreed in writing. § 13.5 TEST AND I SPECTIONS § 13.51 Tests, inspections anti• pprovals of portions of the Work shall be made as required by the Contract Documents and by;applicable lal�, statutes, ordinances, codes, rules and regulations or lawful orders of public authot'ities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with ob-igdependent testing laboratory or entity acceptable to the Owner, or with the appropriate public a ihority; atr'sh'all r all related costs of tests, inspections and approvals. The Contractor shall give the Architect tinlely notice of when a�d where tests and inspections are to be made so that the Architect may be present for such procedures. Ihe!Owh ,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 lawss o� regulations prohibit the Owner from delegating their cost to the Contractor. s l § 13-04 f thoArchitect, Owner or public authorities having jurisdiction determine that portions of the Work require itddttt?itia tefitltlg inspection or approval not included under Section 13.5.1, the Architect will, upon written authbflrailon Monrl the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect maybe present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. trait. AIA Document A2011 —2007. Copyright(D 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1986, 1970, 1978, 1987, 1997 and 2007 by The American InstituteofArchilects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 reproductlon 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 1 maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08/0512013 under Order No.8898942129_1 which expires on 08104/2014, and is not for resale. User Notes: (1869236535) § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the __- portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the_ Contractor's expense. -- _g 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. - -- =§:13.55 If the Architect=is to observe tests, inspections or approvals required by the Contract Documents, the & Itect wit: do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests of inspections conducted pursuant to the Contract Documents shall be made promptly to avoid = unreasonable delay in the Work. 13.61NTEREST - # =Payments due and mribaid Linder 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 rviere the Pro}ect is ocaed. _- §.13 7 T1N1E LIMITS ON ELAIMS The Owner and Contracti5rshall commence all claims and causes of action, whether in contract, tort, breach of warranty or otlierwise,;againstfhe other arising out of or related to the Contract in accordance with therequirements of #tie final-�isputeresolution method selected in the Agreement within the time period specified by applicable law, but in - anycase riot more than 10 -years after the date of Substantial Completion of the Work. The Owner and Contractor :Waive !]-.claims and ca—uses-of action not commenced in accordance with this Section 13.7. -§ 13 8,1`1bb Contractor;shallsi aintain policies of employment as follows: 1 ''The:Contractor; a11Subcontractors, and Sub Subcontractors shall not discriminate against any employee or app3tcant for eii'iployment because of race, religion, color, sex, national origin or age. The Contractor shall #oke affirmative, action to insure that applicants are employed, and that employees are treated during 'employment wtthoiit regard to,their race, religion, color, sex, national origin or age. Such action shall include; -but nofbo limited t6, -t110 following: employment, upgrading, demotion or transfer; recruitment or .iecruitment adverttsmg,-layoff_or termination; rates or pay or other forms of compensation; and selection for - training 'including apprenticeship. The Contractor agrees to post in conspicuous places, available to 'titlployees ai d'applicants for employment, notices setting forth the policies of non-discrimination. 2 :The Contractor, all Subcontractors, and Sub -Subcontractors shall, in all solicitations or advertisements for employees placed_by then or on'their behalf, state that all qualified applicants will receive consideration for -_emp inenEvithout regard fo race, religion, color, sex, national origin or age. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14 1 TERMINATION BY -THE CONTRACTOR §'14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through rid -act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entttlespmfbfming portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; :2 __ _1n act of government, such as a declaration of national emergency that requires all Work to be stopped; 63 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the = reason for withholding cet-tification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to famish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. AIA Document A201 ^' — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architecls. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 34 reproduction or distribution of this AIA® Document, or any portion of ll, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 19:37:36 on 0810512013 under Order No.8898942129 1 which expires on 08104/2014, and is not for resale. User Notes: (1869236535) § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub subcontractor or their agents or employees or any other persons or entities performing portions of the Work under t4. direct contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the lyil�r described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days schedule for completion, or 120 days in any 365 -day period, whichever is less. ��If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work - executed, including reds nable overhead and profit §'1 4.1,4 If theork is sto ped for a period of 60 consecutive days through no act or fault of the Contractor or a Sutwcontractor o� their ager s or employees or any other persons performing portions of the Work under contract with the IContrgctoir b+ cause th. Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents wit it t m Iters important to the progress of the Work, the Contractor may, upon seven additional da ' written n ties to th Ov er and the Architect, terminate the Contract and recover from the Owner as provided in See ion' 14.1:3 114.2 TERMJNAT}ON BY r HE OWNER FOR CAUSE )L4.2.1 lye,Ownef may tcrmPate the Contract if the Contractor 4 41 rep&jtedlyre�ses or fails to supply enough properly skilled workers or proper materials; -2 :fills to lrtakq/p 'tent to Subcontractors for materials or labor in accordance with the respective greemen� b tw n the Contractor and the Subcontractors; 3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful ord fs of a publW authority, or 4 olheryvise is guifty of substantial breach of a provision of the Contract Documents. f • §) 4 2,2rn, &n liy of th'e above: easons exist, the Owner may without prejudice to any other rights or remedies of the /OWner atid``after gNt.ng" he'l�o tractor and the Contractor's surety, if any, seven days' written notice, terminate erllployment� f the Contrac� 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 constru&tioiv' 4uipment and machinery thereon owned by the Contractor; r .c0ept-4iasIgn hent of su.bc retracts pursuant to Section 5.4; and i' :3 Finish th6�AL/ork ley whate & reasonable method the Owner may deem expedient. Upon written request of the Contractor ,the 0 er shall furnish to the Contractor a detailed accounting of the costs incurred 1 by the Owner in finishing the Work. § 14 2.3•Wlien the O"caner terminateselle Contract for one of the reasons stated in Section 14.2.1, the Contractor shall l ikot be gnt.itled•tQreceive,llirtherphymel Cuntil the Work is finished. § 141 4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for } the Architect. ,services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waiyW such excess ,sh 111 be paid to the Contractor. If such costs and damages exceed the unpaid balance, th¢ Contractor shall pay Ilse difteeehce to the Owner. The amount to be paid to the Contractor or Owner, as the case ay be, shall be Certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive minat�on of.th,e Co tract. § 1 .3 SUSPF S)(ON � Y THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in - - — - -whole or,.,in part for such period of time as the Owner may determine. § 14,3.2:The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspcnsion, dela} or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. € No adjuMTieht,Aall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. AIA Document A201m —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1897 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and Intematlonal Trestles. Unauthorized 35reproduction or distribution of this AIAs Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No -8898942129_1 which expires on 08104/2014. and Is not for resale. User Notes: (1859236535) § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE §414.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. §Y9.4�=Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the `Contractor shall _-= .1 cease operations as directed by the Owner in the notice; 2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and _— -- .3 except for. Work directed to be performed prior to the effective date of termination stated in the notice, _ = termmate-all existing subcontracts and purchase orders and enter into no further subcontracts and r.,purchase orders. I § 14 4 3 In ease;of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work_eXebi1ti6d along`with reasonable overhead and profit. - ARTICLE 15; CLAIMS:AND DISPUTES §_151_CLAIMS - -§ 151 1_ DFINZTItON �, Claims a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief =rithrespect t0lic terms ofttie Contract. The term "Claim" also includes other disputes and matters in question - between the Owifer find Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest y�th,the_partymaktng=t►e Claim. §:15.1.2 NOTICE OF CLATIIIS = Claims byeitlterthe Owner or'Contractor must be initiated by written notice to the other party and to the Initial _ Decision Maker whit a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims 1iy either pay must beinittated`tivithin 10 calendar days after occurrence of the event giving rise to such Claim or within10 calendar days:after-the claimant first recognizes the condition giving rise to the Claim, whichever is later. §15J,13 CONTINiTING-CONTRACT PERFORMANCE _Pending_final-resolutron:of 4. Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, = fhe Contractor shall proceed diligently: with performance of the Conti -act and the Owner shalt continue to make payments In aceoi=danae°_with the,C-ontract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance With the decisions of the Initial Decision Maker. § 15.14 CLAIMS FOR ADDITIONAL COST Ifthe-C6_ntractor=wishes to make i Claim for an increase in the Contract Sum, written notice as provided herein shall Be given Before proceeding to 6x4ute 6 Work. Prior notice is not required for Claims relating to an emergency - cridangering'life or property arising under Section 10.4. - § f5 1S CLAIMS_ .O.RA DITIONAL TIME If kh-e Contractor wi§W to make a Claim for an increase in the Contract Time, vA-itten notice as provided herein shall be given The-_Carttractor's Claim shall include an estimate of cost and of probable effect of delay on progress_of theork In tlse'case of a continuing delay, only one Claim is necessary. 15.1.5.2'Ifadverse-weather conditions are the basis for a Claim for additional time, such Claim shall be documented - § - -- _ by -data substantiating -that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. Normal weather shall be determined based on - - records -far =the nearest station of the United States Environmental Data Service. Claims for additional time based on a vers:6weath-er'will only be allowed in the event that they have a material effect on the exterior construction portions '__T3 L5 3 -Tie time for completion stated in Paragraph 5 of the Proposal shall be consecutive calendar days with no allowance assumed for unusual weather. The Architect will maintain a daily weather record to verify any claims for an extension of time of an increase in the Contract sum because of bad weather. The Contractor will be expected to have included in his proposal a sum to cover working continuously in the normal temperature conditions found at the building site. Contractor is not expected to work in the rain or snore. AIA Document A201111 — 2007. Copyright 01911, 1915, 5916, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Archilecls. All rights reserved. WARNING: This AIA& Document Is protected by U.5. Copyright Law and International Treaties. Unauthorized 36 reproduction or distribution of this AIAG Document, or any portion of It, may result In severe clvil and criminal penalties, and will be prosecuted to the f maximum extent possible under the law. This document was produced by AIA software at 19:3T:36 on 0 810512 01 3 under Order N0.8898942129_1 which expires on 0610412014, and is not forte sale. User Notes: (1869236535) 151 6 CLAIMS FOR CONSEQUENTIAL DAMAGES actor and Owner waive Claims against each other for consequential damages arising out of or relating to this &*Woi. his mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personneirtationed there, for losses of financing, business and reputation, and for loss of profit.. Thi' mutua,Na'ver is applicable, without limitation, to all consequential damages dueto either party's termination in acc�rdance.''with�Artacle 141 Nothing contained in this Section 15. 1.6 shall be deemed to preclude an award of i liq idated-dama es, when applicable, in accordance with the requirements of the Contract Documents. § 11,2 INITIAf, , DECISION \ i § 15.2;1 ClaiTs, excluding'tho o arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Dgcision M4er-for in)tial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated inthe Agrefnent. Except for diose Claims excluded by this Section 15.2.1, an initial decision shall be required as a conditionP?ecedegto bin dingldisputeresolution of any Claim arising prior to the date final payment is due, unless 30 days have passed dfter the CVim has been referred to the Initial Decision Maker with no decision having been renderecr i�nles titeIn.itia/ls D i Ion Maker and all affected parties agree, the Initial Decision Maker will not decide disput�,bet�Ve, ; the Cop{rat for And persons or entities other than the Owner. § 16.2.21I 6Ifiitial,Decision 1.Jdker will review Claims and within ten days of the receipt of a Claim take one or more I1 ot�the fo lowing dctibns: (1),request additional supporting data from the claimant or a response with supporting data f o i the �lherparty, (2) riled tqe Claim in whole or in part, (3) forward the claim to Owner with a recommendation fhgt thec[4 be approved,�(4) S ggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable Jio;resolve the d9im if thelnitidl Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the In'ilial De�ision lvlaker esthat, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial . ec>Ision Maker -fa resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not 4 obligated to; cgt sbIt with or seek information from either party or from persons with special knowledge or expertise44 may assist ty Initial Decisyon Maker in rendering a decision. The Initial Decision Maker may request the 1Owner'to authorize retention of such persons at the Owner's expense. The Owner may consider but is not required to attt�&],e the retention of additionalJ��ersons with expertise if requested under this paragraph.§ 15.2.4 If the Initial 1 Decision Maker requestta party to pr6vide a response to a Claim or to furnish additional supporting data, such party shall respond, within tedda .s afler receipt of such request, and shall either (1) provide a response on the requested \ "supportii g,data, (2) advise the Initi s Decision Maker when the response or supporting data will be furnished or (3) \qvise the Initial Decision`Maker- that no supporting data will be furnished. Upon receipt of the response or supporting dat� if any,theArchi(ect will either reject the claim or forward the Claim to the owner with recommendation that the h claim be approved in whole or in part. (%i-agrapli.dIled) § 1515 The Architect will evalu t claims by written decision and notify parties of any recommended changes to onttaci Sum or,Conntract Time or both. T1iis initial decision shall (1) be in writing; (2) state the reasons therefor; and ( Znotify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sutra:.or Contract Time or both. The initial decision shall be final and binding on the parties but subject to binding dispute "resolution, if the parties fail to resolve their dispute. { § 15;2.6 Either pt�rty may file for binding dispute resolution of an initial decision. § 15.2;63 Omijted § 15;2.7 In tho event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. Init. AIA Document A201 "' —2007. Copyright (0 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: Thrs AIAs Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 37 reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent poselble under the law. This document was produced byAIA software at 19:3T:36 an 08/05/2013 under Order No.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1869236535) § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in ,3 AIA Document A201 T —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951,1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 38 reproduction or distribution of this Al A* Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No.8898942129_i which expires on 08104/2014, and is not for resale. User Motes: (1869236535) Additions and Deletions Report for AIA® Document A201 TM -2007 t- Th1/��l�grZ and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has ad di dlTie standard form AIA document In order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. i Note 71 'dditions and Deletions Report Is provided for information purposes only and is not incorporated Into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA so tware at 19:37:36 on`Q81.0512013. l PAGE TY Q 39 J CITY: 1 oIC KUENIc 10503.. PLE I PAGE 9 OSHKOSH f e9q/ sfalys andaddre�sf ARCHITECTS. LLC 1 4. General Drawings § 1.2.3.2 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 Additions and Deletions Report for AIA Document A20110 — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inslrtute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AIAe 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. This document was produced by AIA software at 19:37:36 on 08!0512013 under Order No.8896942129_1 which expires on 08110412014, and Is not for resale. User Notes: (1669236535) the work shown. In cases of conflict between the Drawinys and Specifications -or with -either the Contractor shall --PAGE 11- & 2 2-2 Omittcd be provided, free of charge, the following numbers of sets of the Contract Documents: 1. One copy for the Contractor's office. 2. One copy for the on-site office. 3. The copies -required to obtain -permits. Additions and Deletions Report for AIA Document A20110 —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1497 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and 2 International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No.8898442129_1 which expires on 0 810 412 01 4, and is not for resale. User Notes: (1869236535) 4. One copy for each subcontractor or material supplier listed in the Proposal. Additional copies may be rtnal�ra tnent. :X.1:1.1he donlracton'is mbonsible for determinini2 that all of the Contractor' � r r E 13 f § 3,3, /Ilse co�'IAOF sh' 1 syp vise and direct the Work, using the Contractor's best skill and attention. The Con c.toi Sh ll,b'esoler�sp6n�tble for, and have control over, construction means, methods, techniques, sequences and�6roced eee,,s and Fo�coordin�ttng all portions of the Work under the Contract, unless the Contract Documents give of er sp ctfie Inst uchons con ernfng these matters. If the Contract Documents give specific instructions concerning c. nstruction m ns, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety ereofand, fxc4t as fated W w, shall be fully and solely responsible for the jobsite safety of such means, methods, echni'ques, sequences Ori toe /Ores. When the Contract Documents give specific instructions concerning rnnctnreti'nImi=.fhm'! anrf'rHrnnc the ('AntrAPtAr will rPuiPw midi inetrnrtinnc Iinrhvlina thncn rPrnmmPnrlPri k r'riint>es' 'idcludi the Contractor's general warranty or of any ob'ections the Contractor may have to the _.. Yilie.att�tsto: alternativeprocedure which the Contractor will warrant. If the Contractor determines ! that such means,Meth mbds�.techniques,sei Xiences or procedures may not be safe, the Contractor shall give timely wrifen notice to the Owner ancj,Are111teFt and shall not proceed with that portion of the Work without further written ins ructions frotn;the Arrhitect:.If theyContractor is then instructed to proceed with the required means, methods, techniqugs,,sequogces,�r pror/edures without acceptance of changes proposed by the Contractor, the Owner shall be solelyTos�bnsible for --any loss or .damage arising solely from those Owner -required means, methods, techniques, \sequences $r,procedures. el in 3.4,2,2 By making requests for substitutions based on Clause 3.4.2.1 above the Contractor: .1 Represents that he/she has personally investiaated thenronosed substitute product and determined that it is equal or superior in all respects to that specified. .2 Represents that he/she will movide the same warranty for the substitution that would be L)rovided for that Additions and Deletions Report for AIA Document A201i11 —2007. Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute or Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and IntemaHnnsl Trestles. Unauihori:ed reproduction or distribution of this AIAe Document, or any portion of It, may result In seven civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No 8898942129_1 which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) 3 specified. -- - excludes costs under separate contracts, and excludes the Architect's redesign costs, and waives all claims _= for additional costs related to the substitution which subsequently become apparent; and Will coordinate the installation of the accented substitute. making such changes as may be reouired for the work to be complete in all respects. 1. --PAGE 14 •a5 ar6l, 14e 1'� egefiaiiens eon �' ' '.The Contractor shall secure and the Owner will pav for the h n ma mechanical, electrical` and plumbing review permits, the environmental impact fees due to water and sewer eannect ores and the zor It iY=retrulation fees and permits as required by the jurisdiction listed elsewhere in the ectflca#ion The Coni:actor shall secure and the Owner will pay for all other permits and governmental fees, licenses and mspect�ons necessaryfoi uroper execution of and completion of their Contract wh ich are lel4ally required when bids afe'receided'or negotiations'concluded.§3.7.2 The Contractor shall comply with and give notices required by aaallcable-lawss; staZut6 ordtnan,ces, codes, rules and regulations, and lawful orders ofpublic authorities ap�cable to - per of the Work. - - F J ) J Aim �- A 173 -if 1he Contractor performs Work knowing -it -that the Contractor knows or reasonably should know to be - _ cont rary4o_applicable Ws - tatutes, ordinances, codes, ruies and regulations, or lawful orders of public authorities, the C or chill assume appropriate responsibility for such Work and shall bear the costs attributableto correction. - § 3 7 d Concealet►rd Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical coridltib is that differ materially from those indicated in the Contract Documents or (2) tulknown physical conditions .of an unusual nature, that differ materially from those ordinarily found to exist and generally.recogniied as_irtherent ii1 construction activities of the character provided for in the Contract Documents, the -r Coritracfor shall'promptky provide notice to the Owner and the Architect before conditions are disturbed and in no event late_r_tttari 2i=5"calendar 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 decrease in the Contractor's cos€ oft or,tinierequired.f6r, performance of any part of the Work, will recommend an equitable - --_-- -' 'adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially differenlfrom those indicated in the Contract Documents and that no change in the terms of the Contract is justified, theP,t ohltect_shall in notify the Owner and Contractor in writing, stating the reasons. If either party disp -ics the Architect's doter ri nation or recommendation, that party may proceed as provided in Article 15. PAGE 15 = .3 Wlient vee costs are more than or less than allowances, the Contract Sinn shall be adjusted accordingly _- by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 2 3.8.2.2 except when installation is specified as part of the allowance in the General Requirements (Division 1 of the Specifications), § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who sliall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and Additions and Deletions Report for AIA Document A20110 —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and a International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of H, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No.8898942129 1 which expires on 08/0412014. and is not for resale. User Notes: (1869236535) communications given to the superintendent shall be as binding as if given to the Contractor. This superintendent will _ -. § 3.18,1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, `Aruhil ect's consultants, and agents and employees of any of them from and against claims, damages, losses and expeIsles, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to inj. ry to or destruction o?tangible property (other than the Work itself), but only to the extent caused by the negligent r reel or omi sio�s of the t-ontractor, a Subcontractor, a Sub -subcontractor, anyone directly or indirectly employed by they or anyone for xyhoso ets they may be liable, regardless of whether or not such claim, damage, loss or expense is cau ed in arE b r a party igdemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce oth r rights or obligations,of.indemnity that would otherwise exist as to a party or person described in this Section 3.1 PAGE 98Z 4.1,3 1 , S �t: mettcil ,� f. �cept a�. other se,provded%iii the Contract Documents or when direct communications have been specially Ithorized; the O kner an 6ontkactor shall endeavor to communicate with each other through the Architect about afters arisit gout of orrelatin to the Contract. Communications by and with the Architect's consultants shall be tough the,�lrch ted. Corttrputttcations by and with Subcontractors and material suppliers shall be through the antractor. Corr>munica. ->;y and with separate contractors shall be through the Owner. Any direct communication -tw et and Contrdetor that affect the performance or administration of the Contract shall be made or fi me_ m writing with-aobies to the Architect, and any such communications that represent a modification of the Mtrack.regtitremenls 0111 l e documente_d.appropriately. Any communications among the Architect and ibcontractors should be,confirmed in writing to the Contractor. VGE 19 1 1 responsibilities and limitations of authority of products furnished by the listed Manufacturer must conform to such requirements; Additions and Deletlons Report for AIA Document A201 m —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Th[s AIA* Document is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or dlaldbutlon of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under OrderNo.8898942129_1 which expires on 0810412014, and Is not for resale. User Notes: (1869236535) § 5.2.3 If the Owner or Architect has reasonable objection to a. person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. if the pf:opesed�rt 21 "e!�tterr-��nnre� - _ enlrrra!tt�aeesntr.�.a++r_rs . - - :22 Fspute ailses among the Contractor 'separa(e contractors and the Owner as to the responsibility under their ctive.contracts for =maintaining ti -e premises and surrounding area free from waste materials and rubbish, the r may clean-up and th -' will allocate the cost among those responsible. ,71f the Contrac-tor does not-fei spond promptly or disagrees with the method for adjustment in the Contract Sum, rehitect.shail,detetmine the method and the adjustment on the basis ofreasonable expenditures and savings of performing the Wor1t attributable to the change, including, in case of an increase in the Contract Sum, an amount verhead and pl ofit asset forthi in the AgFeemetit, eF if ne sueh aineunt is set farth in ffie AgFeeffient, Article 9:3 10,1 throbgh 7.3.10.5 below. In such case, and also under Section 7.3.3.3, the Contractor shall andpresent ;1&i _ uch form as the Architect may prescribe, an itemized accounting together with appropriate )rting-dMd. Wess,otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 be limi[ed=to t_h=following: .1 For the Contractor, for any Work -performed by the Contractor's own forces, 10 percent of the cost. .2 For the Contractor, for Work performed by the Contractor's Subcontractor, 5 percent of the amount due the Additions and Deletions Report for AIA Document A201 —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American InsUtule of Architects- All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and 6 International Treaties. Unauthorized reproduction or dlslrlbutlon of this AIA® Document, or any portion of It, may result in severe civ 11 and criminal penaftles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 an 08/0512013 under Order No.8898942129_1 which expires on 08/0412014, and is not for resale. User Notes: (1869236535) Subcontractor. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change involving over J $500.00 be approved without such itemization. .5 The Architat will have access to all records and costs from prime contractors, sub -contractors, and suntiliers for he'base bid work, alternatives and change orders in order to evaluate certificates of payment ( and &an a Qrdirl': a uests. PA E24 § 8. .4 ter "day" a used in the Contract Documents shall mean calendar ., I ff"the Cont actoris delayed at any time in the commencement or progress of the Work by an act or neglect of ` the Owper.or Architect, or dal �mployee of either, or of a separate contractor employed by the Owner; or by changes orderyd i�1 the/`Work; or y 10bor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes ti. beyond the C6ntiactor,c6riltol;�or by delay authorized by the Owner pending mediation and arbitration; or by other cares that,t�ic Archi�eet deter nes may justify delay, then the Contract Time shall be extended by Change Order for sgych'rea�spnabletiineas,the rc�hitect may determine. The Contractor shall give the Owner written notice of any delay, iiicludin dela caused.e wthe Architect, as soon as possible but in any event within seventy two 72 hours of the c inrli 3 of�thc;`dela , '. § 8.3.3 medI PAG 25 / § 9.3;1 At least tewfi�1ldi�s before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Applicatiori-fgr Payment prepared in accordance with the schedule of values, if required ;�rider Section'9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported bl'�uch data subsagtiii ing the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract . T _�_-_•_ T-- t---._ "C 1 .1=__• --_ P- _,__111__ ___`__'-_� iii r-------- r. .,nn •--1•_-.�- 9.3.1.5 After the Work is substantially complete and the Architect has determined that the list of items to be completed and corrected is acceptable, the retention shall be adjusted so that the sum has a direct relation to the value of the Work included on the list. Additions and deletions Report for AIA Document A201" — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1956, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and 7 International Trestles. Unauthorized reproduction or distribution of this AIAe 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. This document was produced by AIA software at 19:37:36 an 0 8/0512 01 3 under Order No.8898942129_1 which expires on 08/0412014, and is not for resale. User Notes: (1869236535) § 16.3.4 The Owner shall not be responsible Additions and Deletions Report for AIA Document A20110 —2007. Copyiight ®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 AIAe Document Is protected by U.S. Copyright Law and 8 Intemalional Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No.8898942129_1 which expires on 0810412014, and is not for resale. User Notes: (1669236535) negligenee in ths use and handling of such fflatffiak oF for materials and substances broughtto the site by r the Contractor„ -§10,,6 f, - Omitted § 1 .1.1 The C itraator sh 11 purchase from and maintain in a company or companies lawful! authorized to do P P Y P Y ##i f bus�ness in the jyrisdictionl7in which the Project is located such insurance as will pFetee-1,rp oiect the Contractor from c19ims set forth below wh)ch Tay arise out of or result fi•om the Contractor's operations and completed operations under the o IT ct,-'' nd for which the Contractor may be legally liable, whether such operations be by the Go itrq&or 4ri't�y,A Subcontractor, or by a Sub -Sub Contractor or by anyone directly or indirectly eloyed by rly ofth, m; orb anyone for whose acts any of them maybe pliable. /. 2#1,.. r 4 ' , e i rpef d OflfffliiOAS eo%vrage as speeified in the Geotmet Deoufnents.Contractor shall abide+ bs>ctitnk "Ci of Oshkosh Contractor's Insurance without Property Insurance Requirements". f i i , ' n tifica'tes ofI surance for the above coverages and the Owner's Protective Policyshall be subihiltesl t±j.,lhe,llrchitect fo, transmittal to the Owner prior to the start of construction. If the "additional insureds" have titer insurance which�sjW61fcAbte. to the loss, it shall be on a excess or contingent basis. The amount of the ,com aro '.s lta.bilit under WS, lie: shall not be reduced by the existence or such other insurance. Contractors' c rtifiaates shall.be ih'duplicate'o standard ACORD forms. } AichiCecthisa'eats or...ori p loye arising out of 1 the imcparation or aDDroval of maps, drawings, o ini i su'ys change orders desi s `or -s cciftcations or 2 the giving of or the failure to give directions or iw fhe Architeat5lii:agents or erriployees to tile extent that such giving or failure to give is the cause of tile i z ,.. Additions and Deletions Report for AIA Document A201 I" —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.B. Copyright Law and 9 International Treaties. Unauthorized reproduction or distributlon of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0 810 51201 3 under Order No.8898942129_1 which expires on 08104/2014, and is not for resale. User Notes: (1869236535) § 11.3.1 , Additions and Deletions Report for AIA Document A201' — 2007. Copyright O 1911, 1915, '1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and 10 International Treaties. Una ulhorixed 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 them aximurn extent possible under the law. This document was produced by AIA software at 19:37:36 on 06/0512013 under Order No.8898942129_1 which expires on 0810412014, and is not for resale. User Notes: (1869236535) a Additions and Deletions Report for AIA Document A201714 —2007. Copyright ©1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING. -Th Is AIA* Document Is protected by U.S. Copyright Law and 11 International Treatles. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In seven civil and criminal penalties, and wiN be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 08105/2013 under Order No,8898942129_1 which expires on 06!0412014, and is not for resale. User Notes: (1869236535) =PAGE 32 §`X2,2.2.1 k.addition tq=tlie _'Corlpletion of:tlieWork'or L-1, der Se6tt6n.9:9x or.i5y t'. Contractor's obligations under Section 3.5, if, within one year after the date of Substantial designated portion thereof or after the date for commencement of warranties established ;rms of an applicable special warranty required by the Contract Documents, any of the --cordance with therequirements of the Contract Documents, the Contractor shall correct it itten notice from the Owner to do so unless the Owner has previously given the Contractor Fcondition. The Owner shall give such notice promptly after discovery of the condition. Atiring he one-year period for correction of 11�Work and if the Owner fails to notify Contractor an opportunity to make the correction, the Owner waives the rights to require r 16d'#o make a claim for breach of warranty. If the Contractor fails to correct na_reasonable lime during that period after receipt of notice from the Owner or Architect, accordance with Section 2.4. '6tract shall-b6governed Uy tl e_ -law of the 6H;!estate of-Wisconsro en notice shall be dee-itiedAo have been duly served if del ivered in person to the individual to a ...o,,,�.er of th a '..;:`._:_._ - - _F ; City of Oshkosh Director of Public Works the`CFO,of:.M.ion Construction; or if delivered at, or sent by registered or certified mail or by courier service ding proof of delivery to, the last business address known to the party giving notice. PAGE 34 take affirmative action to insure that applicants are employed, and that employees are treated durin>7 employment without regard to their race, religion, color, sex, national origin or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for Additions and Deletions Report for AIA Document A201"0 —2007. Copyright®1911, i9i5, 1918, 1925, 1937, 1951, 1958, 1961, 1983, 1966, 1970, 1976, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and 12 International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No.8898942129 1 which expires on 0 810 41201 4, and Is not for resale. User Notes: (1869236535) training, including apprenticeship. The Contractor agrees to post in conspicuous Placm available to PA E35 � 1 11:.1.3 'o ane o then wri ten notice tolhe'O, 1. ex uted; mclu "Ings" §44.2.2 WI}q; any of PAG 3ti § I A.3 4n (;< i6rlWork exe opts described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' e{ and Architect, terminate the Contract and recover from the Owner payment for Work ruble overhead and damages—profit reasons exist, the Ownef, stteh may without prejudice to any other rights or remedies of the ractor and the Contractor's surety, if any, seven days' written notice, terminate 7d may, subject to any prior rights of the surety: se of such. ter•m)nati for the Owner's convenience, the Contractor shall be entitled to receive payment Claints by either the Owner Qy Contractor must be initiated by written notice to the other party and to the Initial Declsldn Maker wilh:a Cot5y gent to the -Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 10 calendar days after occurrence of the event giving rise to such Claim or wiin Bio calendar -days aftet the clamant first recognizes the condition giving rise to the Claim, whichever is later. �§ 15.1.5.2 If adverse weather con ditions��re the basis for a Claim for additional time, such Claim shall be documented by -data substan jating"I1at'weather cgnditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. Normal weather shall be determined based on rPrnrrt�i,fnr thanaarvct clarinri-nfths. TT";Iad Chtae 1Z --;+P Pl.;— fn, �AA4;—.I limo k—A _4117531145%Lr11LLLLIU11a ILPUIIU 11L Lilt; LJUILUIll aiL'. %-Vll L1(LL:LV1 13 IlUI GA CL'LVU LU WUIR Ill LIM MLitt Ul NILUW. PAGE 37 2 da ages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of prefit-e*eept rp ofit.. Additions and Deletions Report for AIA Document A201 O1 --26117. Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, -1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and 13 International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37;36 on 0810512013 under Order No.8898942129 1 which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) §_ 15.21 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Deetslori=Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in'the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a cdfi— on:precedent to rnediatio-R-binding dispute resolution of any Claim arising prior to the date final payment is due, _unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having 15ee65'.6dered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not _=eaide disputes between the Contractor and persons or entities other than the Owner. I5 2 2 -M Iri't' 1 D"' § M k ;11 Cl ' d ;+I,;• t d f th t f CI ' t k _ a iia ecision a er wI review alms an wi 1n ell ays o e receip o a atm a e one or more othe fol lo4ytng, actions '(1) request additional supporting data from the claimant or a response with supporting data from the other par#y i(2) reject the Claim in whole or in part, (3) ep , forward the claim to Owner with a recommendation that tlie;claim be approved, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Makeris unable #o resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of.the Claim or -if the -Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be:inappropriate- orthe Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision iaker.ntiay, b{utshall not be obligated to, consult with or seek information from either party or from persons with special know! dge ori expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision-iV7aker liiay request -the Owner to authorize retention of such persons at the Owner's expense. The Owner may, consider buns nofrequtred to authorize the retention of additional persons with expertise if requested under this .i�raisrniih.& i5 2:4 If Hnifial Dccision Maker reauests a nartv to provide a response to a Claim or to furnish == supporting- Upon-recei t6 the own - "ie 4e A e'•rL r- :_`i r>; a: _:_ xr r__ .-11 the ri the § 1512.6 Either party A char es to Contract Sum or Contract Time or both. This initial decision shall (1) be in is thi;id ,and (3) notify the parties and the Architect, if the Architect is not serving as the my change`in (lie Contract Sum or Contract Time or both. The initial decision shall be final but subject to mea binding dispute resolution, if the parties fail to resolve their indit pute "resolution of an initial decision. 15.2.6.1` Additions and Deletions Report for AIA Document A201 r" —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and 14 International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AiA software at 19:37:36 on 0810512013 under Order No.8898942129_1 which expires on 0810412014, and is not for resale. User Notes: (1869236535) Additions and Deletions Report for AIA Document A20i" —2067. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1986, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Lew and 15 International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0 810 5/201 3 under Order No.8898942129 1 which expires on 08104/2014, and Is not for resale. User Notes: (1869236535) Cerfificaflon of Document's Authenticity AIA Document D401TI1— 2003 l John -F. Schmidbauer, hereby certify, to the best of my knowledge, information and belief, that I created the attached final `document simultaneously with its associated Additions and Deletions Report and this certification at 19:37:36 on AIA Document D401 T°' — 2003. Copyright ®1992 and 2003 by The American Inslitule of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:37:36 on 0810512013 under Order No.8898942129 1 which expires on 0810412014, and is not for resale. User Notes: (1669236535)