HomeMy WebLinkAboutAIA Construction Management as General Contractor for Bainbridge ParkpffiAl A Docurnenil. Ai 33"' - 2009
Standard Form of Agreement Between Owner and Construction Manager as
Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed
Maximum Price
AGREEMENT made as of the 13th day of July in the year Two Thousand Sixteen
(In words, indicate day, month and yea:)
BETWEEN the Owner:
(Name, legal status and address)
City of Meridian
33 E. Broadway
Meridian, Idaho 83642
and the Construction Manager:
(Name, legal status and address)
The Russell Corporation
1940 S. Bonito Way, Suite 150
Meridian, Idaho 83642
for the following Project:
(Vane and address or location)
Bainbridge Park
Meridian, Idaho
The Architect:
(Name, legal status and address)
The Land Group, Inc.
462 E. Shore Drive #100
Eagle, Idaho 83616
The Owner's Designated Representative:
(None, address and other it fo motion)
Mike Barton
The Construction Manager's Designated Representative:
(Name, address and other information)
Mr. Neal Russell/ Mr. Chris Jones
The Architect's Designated Representative:
(Name, address and other information)
Jason Densmer
The Owner and Construction Manager agree as follows.
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 a
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 A201--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 At 33TU — 2009 (formerly A1121" CM1Ic — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale
Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
y This documenlwas produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which extikes on 01/22/2017, and is not for resale.
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TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
3 OWNER'S RESPONSIBILITIES
4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
6 COST OF THE WORK FOR CONSTRUCTION PHASE
7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
8 INSURANCE AND BONDS
9 DISPUTE RESOLUTION
10 TERMINATION OR SUSPENSION
11 MISCELLANEOUS PROVISIONS
12 SCOPE OF THE AGREEMENT
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents
listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract
and are as filly a part ofthe Contract as ifattached to this Agreement or repeated herein. Upon the Owner's acceptance
of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the
documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions
prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this
Agreement, this Agreement shall govern.
§ 1.2 Relationship of the Parties
The Construction Manager accepts the relationship of trust and confidence established between it and the Owner by
this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction
Manager's best skill and judgment in finthering the interests of the Owner; to furnish efficient construction
administration, management services and supervision; to famish at all times an adequate supply of workers and
materials; to use its best efforts to manage the Project in the best and most sound way and in the most expeditious and
economical manner consistent with the interests of the Owner; and to perform the NVork in an expeditious and
economical manner consistent with the Owner's interests. The Construction Manager acknowledges that it owes a
contractual duty to the Owner for all of its construction management services in connection with the Project. The
Construction Manager covenants and represents that it has the professional expertise, manpower, and capacity to
undertake successfully the services that it shall provide herein to satisfactorily manage and complete the Project. The
Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to
make payments to the Construction Manager in accordance with the requirements of the Contract Documents.
§ 1.3 General Conditions
For the Preconstruction Phase, AIA Document A201T" 2007, General Conditions of the Contract for Construction, as
revised for this project, shall apply only as specifically provided in this Agreement. For the Construction Phase, the
general conditions of the contract shall be as set forth in A201-2007,as revised for this Project, which document is
AIA Document A13V- — 2009 (formerly A721 *-CMe-2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 2
Document, or any portion of it, may result in severe clvll and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager.
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The
Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction
Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of
the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall
identify a representative authorized to act on behalf of the Construction Manager with respect to the Project.
(Paragraphs deleted)
§ 2.1 Preconstruction Phase
§ 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and
construction budget requirements, each in terms of the other.
(Paragraphs deleted)
§ 2.1.2 Consultation
The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters
as procedures, progress, coordination, and scheduling ofthe Work. The Construction Manager shall advise the Owner
and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment.
The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner
and Architect on constructability; availability of materials and labor; time requirements for procurement, installation
and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or
materials, preliminary budgets, life -cycle data, and possible cost reductions.
§ 2.1.3 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall
prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The
Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the
performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction
Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and
identify items that could affect the Project's timely completion. The updated Project schedule shall include the
following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of
commencement and completion required of each Subcontractor; ordering and delivery of products, including those
that must be ordered well in advance of construction; and the occupancy requirements of the Owner.
§ 2.1.4 Phased Construction
The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling,
procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost
information, constructability, provisions for temporary facilities and procurement and construction scheduling issues.
§ 2.1.5 Preliminary Cost Estimates
§ 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction
Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area,
volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect
or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost
evaluations of those alternative materials and systems.
§ 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and
Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the
Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement
and allowing for the fitrther development of the design until such time as the Owner and Construction Manager agree
on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the
Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the
Work exceed the latest approved Project budget and make recommendations for corrective action.
§ 2.1.6 Subcontractors and Suppliers
AIA Document A133i11— 2009 (formerly A12110CMe — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
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The Construction Manager shall develop bidders' interest in the Project.
§ 2.1.7 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement
schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and
coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner
agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the
items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed
Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and rine Construction
Manager shall thereafter accept responsibility for them.
§ 2.1.8 Extent of Responsibility
The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction
Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the
Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and
Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any
nonconformity discovered by or made known to the Construction Manager as a request for information in such form as
the Architect may require.
§ 2.1.9 Notices and Compliance with Laws
The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and
lawful orders of public authorities applicable to its performance under this Contract, and with equal employment
opportunity programs, and other programs as may be required by governmental and quasi governmental authorities for
inclusion in the Contract Documents.
§ 2.2 Guaranteed Maximum Price Proposal and Contract Time
§ 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the
Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and
acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate
of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee.
§ 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the
Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such fiuther development
consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not
include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if
required, shall be incorporated by Change Order.
§ 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of
its basis, which shall include the following:
.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the
Contract;
.2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the
Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the
information provided by the Owner and contained in the Drawings and Specifications;
.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost
of the Work organized by trade categories or systems, allowances, contingency, and the Construction
Manager's Fee;
.4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price
is based; and
.5 A date by which the Owner must accept the Guaranteed Maximum Price.
§ 2.14 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager
shall include its contingency for the Construction Manager's exclusive use to cover those costs considered
reimbursable as the Cost of the Work but not included in a Change Order.
§ 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price
proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information
AIA Document A133--2009 (forrnedy A121T°C61c — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 4
Document, or any portion of it, may result In severe civil and criminal pen allies, and will be prosecuted to the maximum extent possible under the law.
f This document was produced by AIA software at 14:0646 on 08/09/2016 under Order No.9725696861_1 which expires on 01/2212017, and is not for resale.
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presented, they shall promptly notify the Construction Manager,. who shall make appropriate adjustments to the
Guaranteed Maximum Price proposal, its basis, or both.
§ 2.2.61f the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price
proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum
Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following
acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed
Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The
Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the
information and assumptions upon which it is based.
§ 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work described
in Article 6 prior to the commencement of the Construction Phase, unless the Owner provides prior written
authorization for such costs.
§ 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to
incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment.
The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are
revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the
Guaranteed Maximum Price Amendment and the revised Drawings and Specifications.
§ 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar
taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the
time the Guaranteed Maximum Price Amendment is executed.
§ 2.2.10 The Construction Manager's submittal of the Guaranteed Maximum Price proposal for the Owner's review
and acceptance shall constitute Construction Manager's representation and warranty to Owner that it has carefully and
thoroughly examined the Contract Documents and found them to be reasonably coordinated, complete and suitable for
construction of the Work in the Contract Time and for the Guaranteed Maximum Price.
§ 2.3 Construction Phase
§ 2.3.1 General
§ 2.3.1.1 For purposes of Section 8.1.2 ofA201-2007, the date of commencement of the Work shall mean the date of
commencement of the Construction Phase.
§ 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's
Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs earlier.
§ 2.3.2 Administration
§ 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the
Construction Manager's own personnel shall be performed tinder subcontracts or by other appropriate agreements
with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the
Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from
suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Owner. The
Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be
accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager
has reasonable objection.
§ 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the
Owner by the Construction Manager, (2) is qualified to perform that portion of the work, and (3) has submitted a bid
that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner
requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to
adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity
recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or
other agreement actually signed with the person or entity designated by the Owner.
AIA Document A133i0 — 2009 (formerly A121 *" CINc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 5
Document, or any portion of it, may result in severe civil and criminal penalties, and wlII be prosecuted to the maximum extent possible under the law.
This document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696B61_1 which expires on 01/22/2017, and is not for resale.
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§ 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and
shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is
awarded on a cost-plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive
the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager
in Section 6.11 below.
§ 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related panty"
according to Section 6. 10, then the Construction Manager shall promptly notify the Owner in writing of such
relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2.
§ 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,
progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly
distribute minutes to the Owner and Architect.
§ 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare
and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance
with Section 3.10 of A201-2007.
§ 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as
agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect,
showing percentages of completion and other information required by the Owner. The Construction Manager shall
also keep and make available to the Owner and Architect, a daily log containing a record for each day of weather,
portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might
affect progress of the work, accidents, injuries, and other information required by the Owner and make available to
the Owner and Architect.
§ 2.3.2.7.1 The Construction Manager shall develop and implement a change order control system using the Internet
based Project Management software.
§ 2.3.2.7.2 The Construction Manager shall establish and implement a Quality Control program including monitoring
the quality of all Subcontractors.
§2.3.2.7.3 Monitor closely the progress of construction of each subcontractor, prepare a construction schedule report
at least monthly, if and as necessary, prepare and submit recovery schedules.
§ 2.3.2.7.4 Furnish monthly reports concerning the progress of the work which address: (a) compliance with
construction schedule, (b) status of testing and inspection activities performed by the Constructign Manager and
Subcontractors, (c) status of shop drawings and submittals, (d) status of change orders, (e ) status ofMBE/WBE
participation and (1) other matters relating to the progress of work as directed by Owner.
§ 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring
of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction
Manager shall identify variances between actual and estimated costs and report the variances to the Owner and
Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with
Section 2.3.2.7 above.
§ 2.3.2.9 The Construction Manager shall be available to meet with the Owner's Governing Council as shall be
reasonably scheduled by the Owner's designated representative. The Construction Manager shall attend, and, if
requested by Owner, shall schedule and lead regular project and construction progress meetings, and conduct regular
meetings at the site with each Subcontractor. All meetings shall be held at a location and time convenient to the
Owner's Designated Representative.
§ 2.3.2.10 The Construction Manager shall assume responsibility for project safety in accordance with OSHA
requirements.
§ 2.3.2.11 The Construction Manager shall ensure that existing and new construction, equipment, and improvements
are adequately protected from the movement of heavy equipment, suppliers, materials, and pedestrian traffic.
AIA Document A133Ta — 2009 (fornedy A11217vCNlc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* 6
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.
f This document was produced by AlA software at 14:06:46 on 08/09/2016 under Order No.97256968611 which expires on 01/2212017, and is not for resale.
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§ 2.3.2.12 The Construction Manager shall work with the Owner's personnel to ensure that materials; supplies,
equipment and all other items purchased by the Owner and stored at the jobsite, are adequately protected from weather.
"Protected" means wrapped in weather and water -proofed plastic or similar material, left on pallets or other elevated
surface to protect from water damage, and any other measures required to safeguard the Owner -purchased material
from wind, rain, snow and extremes in temperature.
§ 2.3.2.13 The Construction Manager will work with the Owner to coordinate scheduling, installation of furniture,
fixtures and equipment to be installed by Owner. The Construction Manager will work with the Owner to schedule,
stage, and move Owner's personnel and operations into the building in an organized and systematic manner, so as to
minimize personnel down-time.
§ 2.3.2.14 The Construction Manager shall implement procedures for reviewing and processing requests for
information or clarifications and interpretations of the Contract Documents; shop drawings, samples, and all other
submittals, contract schedule adjustments, change order proposals, proposals for substitutions, payment applications,
as -built drawings, and maintenance of logs using the internet-based project management software.
§ 2.4 Professional Services
Section 3.12.10 of A201-2007 shall apply to both the Preconstruction and Construction Phases.
§ 2.5 Hazardous Materials
Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases.
ARTICLE 3 OWNER'S RESPONSIBILITIES
§ 3.1 Information and Services Required of the Owner
§ 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations
on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria,
including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems,
sustainability, and site requirements.
§ 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request
in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the
Owner's obligations under the Contract. Thereafter, the Construction Manager may only request such evidence if (1)
the Owner fails to make payments to the Construction Manager as the Contract Documents require,. (2) a change in the
Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern
regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition
precedent to commencement or continuation of the Work or the portion of the Work affected by a material change.
After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior
notice to the Construction Manager and Architect.
§ 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies
related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation
with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality.
§ 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall
furnish the following information or services with reasonable promptness. The Owner shall also finrnish any other
information or services under the Owner's control and relevant to the Construction Manager's performance of the
Work with reasonable promptness after receiving the Construction Manager's written request for such information or
services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by
the Owner but shall exercise proper precautions relating to the safe performance of the Work.
§ 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the
parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous
materials.
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Init. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 7
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§ 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for
the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable,
grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent
drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees;
and information concerning available utility services and lines, both public and private, above and below grade,
including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 3.1.4.3 The Owner, when such services are requested, shall famish services of geotechnical engineers, which may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations
of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations
for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 3.1.4.4 During the Construction Phase, the Owner shall famish information or services required of the Owner by the
Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services
under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable
promptness after receiving the Construction Manager's written request for such information or services.
§ 3.2 Owner's Designated Representative
The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The
Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid
unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section
4.2.1 of A201-2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's
authorized representative.
§ 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing
services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 3.3 Architect
The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document
B 103TM-2007, Standard Form of Agreement Between Owner and Architect, as modified for this Project, including
any additional services requested by the Construction Manager that are necessary for the Preconstruction and
Construction Phase services under this Agreement. The Owner shall provide the Construction Manager a copy of the
executed agreement between the Owner and the Architect, and any further modifications to the agreement.
(Paragraphs deleted)
ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
§ 4.1 Compensation
§ 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction
Manager as follows:
§ 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2:
(Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.)
Refer to AIA A142, Exhibit B
§ 4.1.3 Ifthe Preconstruction Phase services coveredby this Agreement have not been completed within ( ) months
of the dale of this Agreement, through no fault of the Construction Manager, the Construction Manager's
compensation for Preconstruction Phase services shall be equitably adjusted.
§ 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's
personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.
§ 4.2 Payments
AIA Document A133r" — 2009 fformerly A121 r"CMe — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
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§ 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
§ 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid ( )
days after the invoice date shall bear interest at the rate entered below:(Insert rate of monthly or annual interest agreed
upon.)
0%
statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar
contributions.
ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
§ 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the
Construction Manager the Contract Stan in current funds. The Contract Sum is the Cost of the Work as defined in
Section 6.1.1 plus the Construction Manager's Fee.
§ 5.1.1 The Construction Manager's Fee:
(.State a lump sum, percentage of Cost of the Work a• other provision for determining the Construction Manager's
Fee.)
5 Y% on Cost of the Work: Bids (Subcontractors / Suppliers), General Conditions, and Change Order Work
(Table deleted)
(Paragraphs deleted)
§ 5.2 Guaranteed Maximum Price
§ 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price
set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of
the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the
Guaranteed Maximum Price without reimbursement or additional compensation from the Owner.
(Insert specific provisions if the Construction Dlanager is to participate in airy savings.)
The savings shall be the difference as of the date of the Final Completion of the Work, between (1) the sum of the Cost
of Work and the Contractor's Fee and (2) the Guaranteed Maximum Price. All savings shall be to the benefit of the
Owner.
§ 5.2.2 Tire Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the
Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract
Documents.
§ 5.3 Changes in the Work
§ 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the
Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The
Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201 2007, General
Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in
the Contract Time and Cost as a result of changes in the Work.
§ 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution
of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of
AIA Document A201-2007, General Conditions of the Contract for Construction.
§ 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis
of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201-2007 and the term
"costs" as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA
Document A201 2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of
this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee
shall be calculated in accordance with the terms of those subcontracts.
AIA Document A1133TM— 2009 (formerly A121 i- Me -2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
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§ 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the
above -referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1
to 6.7 ofthis Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this
Agreement.
§ 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case
of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment
provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction
Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,
and the Guaranteed Maximum Price shall be adjusted accordingly.
ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE
§ 6.1 Costs to Be Reimbursed
§ 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper
performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project
except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1
through 6.7.
§ 6.1,2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval
prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed
Maximum Price Amendment.
§ 6.2 Labor Costs
§ 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of
the Work at the site or, with the Owner's prior approval, at off-site locations.
§ 6.2.2 The wages or salaries' of Construction Manager's supervisory and administrative personnel with Owner's
prior written approval. Also the wages or salaries of Construction Manager's project manager and superintendent,
regardless of where they are stationed or located, but only for that portion of their time required for the Work.
Personnel, rates and time shall be changed by Change Order as Scope of Work changes.
(If it is intended that the wages or salaries of eertain personnel stationed at the Construction Manager's principal of-
other
rother offices shall be included in the Cosi of the Work, identify in Section 11. 5, the personnel to be included, whether
for all or onlypart oftheir tune, and the rales at which their time will be charged to the Irork.)
§ 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at
factories, workshops or on the road, in expediting the production or transportation of materials or equipment required
for the Work, but only for that portion of their time required for the Work.
§ 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and
benefits required by lacv or collective bargaining agreements and, for personnel not covered by such agreements,
customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such
costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3.
§ 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by
the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval.
§ 6.3 Subcontract Costs
Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the
subcontracts.
§ 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction
§ 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in
the completed construction.
§ 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for
reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion
AIA Document A133r" — 2009 (formerly A121 isCMe — 2003). Copydghl ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
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of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such
sales shall be credited to the Owner as a deduction from the Cost of the Work.
§ 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items
§ 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies,
temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are
provided by the Construction Manager at the site and filly consumed in the performance of the Work. Costs of
materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on
the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer
used at the Project site. Costs for items not fidly consumed by the Construction Manager shall mean fair market value.
§ 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by
construction workers that are provided by the Construction Manager at the site and costs of transportation, installation,
minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item may not
exceed the purchase price ofany comparable item Rates of Construction Manager -owned equipment and quantities of
equipment shall be subject to the Owner's prior approval.
§ 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal.
§ 6.5.4 Costs of document reproductions, document plotting, facsimile transmissions and long-distance telephone
calls, postage and parcel delivery charges, telephone service required for the personnel identified in Section 6.2 and
reasonable petty cash expenses of the site office.
§ 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative
personnel incurred while traveling in discharge of duties connected with the Work.
§ 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the
Owner's prior approval.
§ 6.6 Miscellaneous Costs
§ 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly
attributed to this Contract. Self-insurance for either fill or partial amounts of the coverages required by the Contract
Documents, with the Owner's prior approval.
§ 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the
Construction Manager is liable.
§ 6.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the
Construction Manager is required by the Contract Documents to pay.
§ 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or
nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by
other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3.
§ 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract
Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the
Contract Documents; and payments made in accordance with legal judgments against the Construction Manager
resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs
of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's
Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of
Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents, then they shall not be
included in the Cost of the Work.
§ 6.6.6 Costs for electronic equipment, website services, internet services, information technology services and
software, directly related to or consumed in the Work with the Owner's prior approval.
AIA Document A133" — 2009 (formerly A121 T°CMC — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
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§ 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific
responsibility in the Contract Documents.
§ 6.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes
between the Owner and Construction Manager, reasonably incurred by the Construction Manager and after the
execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be
unreasonably withheld.
§ 6.6.9 Subject to the Owner's prior approval, expenses incurred in accordance with the Construction Manager's
standard written personnel policy for relocation and temporary living allowances of the Construction Manager's
personnel required for the Work.
§ 6.6.10 Costs for consumable materials, supplies, equipment, or other items required for the execution of Work,
included under this Agreement, as needed by the supervisory and administrative personnel identified in Section 6.2
whether on site, at principal office, or at other locations.
§ 6.6.11 Safety material, equipment, consumables and consulting service required for the Work.
§ 6.6.12 Accountant fees associated with audits under Section 6.11.
§ 6.7 Other Costs and Emergencies
§ 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the
Owner.
§ 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or toss in case of an emergency affecting
the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007.
§ 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager,
Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or
failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or
correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others.
§ 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any
provision of AIA Document A201-2007 or other Conditions of the Contract which may require the Construction
Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8.
§ 6.8 Costs Not To Be Reimbursed
§ 6.8.1 The Cost of the Work shall not include the items listed below:
.1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction
Manager's principal office or offices other than the site office, except as specifically provided in
Section 6.2, or as may be provided in Article 11;
.2 Expenses of the Construction Manager's principal office and offices other than the site office;
.3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7;
.4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital
employed for the Work;
.5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the
Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract;
.6 Any cost not specifically and expressly described in Sections 6.1 to 6.7;
.7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the
Guaranteed Maximum Price to be exceeded; and
.8 Costs for services incurred during the Preconstruction Phase.
§ 6.9 Discounts, Rebates and Refunds
§ 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1)
before making the payment, the Construction Manager included them in an Application for Payment and received
payment from the Owner, or (2) the Owner has deposited fiends with the Construction Manager with which to make
AIA Document A13Vu — 2009 (formerly A121 TeCIVIc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 12
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.
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payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and
amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction
Manager shall make provisions so that they can be obtained.
§ 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the
Owner as a deduction from the Cost of the Work.
§ 6.10 Related Party Transactions
§ 6.10.1 For purposes of Section 6. 10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity
having common ownership or management with the Construction Manager; any entity in which any stockholder in, or
management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or
any person or entity which has the right to control the business or affairs of the Construction Manager. The term
"related party" includes any member of the immediate family of any person identified above.
§ 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related
party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction,
including the identity of the related party and the anticipated cost to be incurred, before any such transaction is
consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost
incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work,
equipment, goods or service from the related party, as a Subcontractor, according to the terms of Sections 2.3.2.1,
2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work,
equipment, goods or service from some person or entity other than a related party according to the terms of Sections
2.3.2.1, 2.3.2.2 and 2.3.2.3.
§ 6.11 Accounting Records
The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and
exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all
costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's
auditors shall, during regular business hours and Upon reasonable notice, be afforded access to, and shall be permitted
to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting
accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals,
purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall
preserve these records for a period of three years after final payment, or for such longer period as may be required by
law.
ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
§ 7.1 Progress Payments
§ 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates
for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Construction Manager as provided below and elsewhere in the Contract Documents.
§ 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the
(Paragraphs deleted)
month.
§ 7.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month,
the Owner shall make payment of the certified amount to the Construction Manager not later than the Tenth day of the
following month. If an Application for Payment is received by the Architect after the application date fixed above,
payment shall be made by the Owner as soon as the necessary approvals can reasonably be attained, not later than
Forty-five ( 45 ) days after the Architect receives the Application for Payment.
(Federal, state or local laps unay require payment within a certain period of tune.)
§ 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts,
receipted invoices or invoices with check vouchers attached, Subcontractor's Application for Payment cover sheet,
and any other evidence reasonably required by the Owner or Architect to demonstrate that cash disbursements already
made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already
received by the Construction Manager, less that portion of those payments attributable to the Construction Manager's
Fee, plus payrolls for the period covered by the present Application for Payment.
AIA Document A11331-- 2009(formerly A72l!" Mc-2003).Copyright®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 13
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.
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§ 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire
Guaranteed Maximum Price among the various portions of the Work-, except that the Construction Manager's Fee
shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such
data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall
be used as a basis for reviewing the Construction Manager's Applications for Payment.
§ 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the work as of the end of
the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the
percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing
(a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for
which the Construction Manager has made or intends to make actual payment prior to the next Application for
Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of lire Work in the schedule of
values.
§ 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage of completion of each portion o£the Work by the share ofthe
Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 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 A201-2007;
.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing;
.3 Add the Construction Manager's Feeless retainage of five percent (5%).. The Construction Manager's
Fee shall be computed upon the Cost of the Work at the rate stated in Section 5,1
.4 Subtract retainage of five percent (5%) from that portion of the Work that the Construction Manager
self -performs;
.5 Subtract the aggregate of previous payments made by the Owner;
.6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by
Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently
discovered by the Owner's auditors in such documentation; and
.7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as
provided in Section 9.5 of AIA Document A201-2007, as modified for this Project.
.8 Subtract retainage of five percent (5%) of all amounts except for the Construction Manager's Fee, its
General Conditions, or other amounts provided for in the Agreement.
§ 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and
approval of payments to Subcontractors, the Construction Manager shall execute subcontracts in accordance with
those agreements. Five percent (5%) retainage shall bewithheld on all Subcontractors. No Retainage shall withheld
from payments to Suppliers or Construction Manager's Consultants.
§ 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to
suppliers for materials or equipment which have not been delivered and stored at the site.
§ 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to
rely on the accuracy and completeness of the information furnished by the Construction Manager and shall notbe
deemed to represent that tine Architect has made a detailed examination, audit or arithmetic verification of the
documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made
exhaustive or continuous on-site inspections; or that the Architect has made examinations to ascertain how or for w4nat
purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations,
audits and verifications, if required by the Owner, twill be performed by the Owner's auditors acting in the sole interest
of the Owner.
AIA Document A133*a — 2009 (formerly A121 ^ CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Inil. WARNING: This A10 Document Is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA° 14
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§ 7.2 Final Payment
§ 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Construction Manager when
.1 the Construction Manager has filly performed the Contract except for the Construction Manager's
responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to
satisfy other requirements, if any, which extend beyond final payment;
.2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final
Application for Payment; and
.3 a final Certificate for Payment has been issued by the Architect.
The Owner's final payment to the Construction Manager shall be made no later than Thirty (30) days after the issuance
of the Architect's final Certificate for Payment.
§ 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within
30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of
the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and
provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the
written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the
Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for
withholding a certificate as provided in Section 9.5.1 of the AIA Document A201 2007. The time periods stated in
this Section supersede those stated in Section 9.4.1 ofthe AIA Document A20 t-2007. Tl1e Architect is not responsible
for verifying the accuracy of the Construction Manager's final accounting.
§ 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final
accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request
mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2007. A
request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's
receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 -day
period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction
Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the
amount certified in the Architect's final Certificate for Payment.
§ 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in
Section 6. 1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse
the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if
such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the
Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be
recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the
Construction Manager.
ARTICLE 8 INSURANCE AND BONDS
For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the
Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201-2007.
(State banding requirements, ifany and limits ofliabilityfor insurance required in Article II of AIA Document
A201-2007.)
Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00)
Comprehensive General Liability with policy limits of not less than Two Million Dollars ($2,000,000.00) for each
occurrence and in the aggregate for bodily injury and property damage.
Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of
not less than Two Million Dollars ($2,000,000,00) combined single limit and aggregate for bodily injury and property
damage.
AIA Document A133" — 2009 (formedy A121*" CMc-2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Inst. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized rep rod nation or distribution of this AIA° 15
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.
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The Construction Manager may use tumbrel la or excess liability insurance to achieve the required coverage for
Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in
the same type of coverage as required or the individual policies.
Worker's Compensation at statutory limits and Employers Liability with a policy limit of not less than One Million
Dollars ($1,000,000.00)
Payment and Performance Bond. Bond amount shall be based on the value of the Guaranteed Maximum Price,
ARTICLE 9 DISPUTE RESOLUTION
§ 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions
set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the
Construction Manager's Preconstruetion Phase services, no decision by the Initial Decision Maker shall be required as
a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply.
§ 9.2 The patties shall endeavor to resolve their disputes by mediation which, unless the patties mutually agree
otherwise shall be administered by the parties. A request for mediation shall be made in writing and delivered to the
other party to the Contract. The request maybe made concurrently with the filing of litigation, but in the event
litigation is filed, the mediation shalt proceed in advance of litigation, which shall be stayed pending mediation.
Written agreements reached in mediation shall be enforceable as settlement agreements in any court having
jurisdiction thereof.
[ ] [ X ] Litigation in a court of competent jurisdiction
§ 9.3
(Paragraph deleted)
Any Mediation or trial rising out of or relating to the Contract shall be commenced and conducted in Ada County,
Idaho.
ARTICLE 10 TERMINATION OR SUSPENSION
§ 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price
§ 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this
Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience
and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days'
written notice to the Owner, for the reasons set forth in Section 14.1.1 of A201-2007.
§ 10.1.2 to the event of termination ofthis Agreement pursuant to Section 10.1.1, the Construction Manager shall be
equitably compensated for Preconstruetion Phase services performed prior to receipt of notice of termination. In no
event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section
4.1.
§ 10.1.3 Ifthe Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction
Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the
Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid
to the Construction Manager under Section 10.1.2:
.1 Take the Cost of the Work incurred by the Construction Manager to the date of termination;
.2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at
the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that
AIA Document A133"'-2009(formerly A121* CMc-2003). Copyright® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Inst WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treat les. Unauthorized reproduction or distribution of this Ale 16
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.
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Section, an amount thatbears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of
termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and
.3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services.
The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of
the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not
otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal
assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a
condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such
steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as
the Owner may require for the purpose of fidly vesting in the Owner the rights and benefits of the Construction
Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered
into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above.
Ifthe Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner
will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or
rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract /tad not been
terminated. Ifthe Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that
would have constituted a Cost of the Work hadthis agreement not been terminated, the Construction Manager will
terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the
costs necessarily incurred by the Construction Manager because of such termination.
§ 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price
Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1
and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201-2007.
§ 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the
amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the
amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10. 1.3 of this
Agreement.
§ 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price
Amendment, the amount payable to the Construction Manager tinder Section 14.1.3 of A201-2007 shall not exceed
the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10. 1.3 above, except
that the Construction Manager's Fee shall be calculated as if the Work had been filly completed by the Construction
Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed.
§ 10.2.3 The parties acknowledge that the Project is located on a parcel of real property which shall be gifted to Owner
by a third party (or parties). Since the gift of said real property has not yet been completed, the Owner shall have the
right to terminate the Contract ht the event Owner determines that it is unable to obtain clear title to such real property
via gift. In the event of such a termination, the Construction Manager shall be equitably compensated for services
performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation
under this Section exceed the compensation set forth in Section 4.1.
§ 10.3 Suspension
If Owner is unable to obtain clear title to the real property upon which the Project is located prior to the time work ora
the site is required, Owner shall have the right to suspend the Work until such gift is completed. Otherwvise, the Work
may be suspended by the Owner or the Construction Manager as provided in Article 14 ofAlA Document A201-2007,
as modified for this Project, and in such case, the Guaranteed Maximum Price and Contract Time shall be increased as
provided in Section 14.3.2 of AIA Document A201-2007, as modified for this Project, except that the term "profit"
shall be Understood to mean the Construction Manager's Fee as described in Section 5.1 and 5.3.5 of this Agreement.
ARTICLE 11 MISCELLANEOUS PROVISIONS
§ 11.1 Terms in this Agreement shall have the same meaning as those in A201-2007, as modified for this Project.
AIA Document A1331u — 2009 (formerly A121 T°CI41c — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights rose mod.
/nit. WARNING: This AIAs Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 17
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.
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§ 11.2 Ownership and Use of Documents
Section 1.5 of A201-2007, as modified for this Project shall apply to both the Preconstruction and Construction
Phases.
§ 11.3 Governing Law
Section 13.1 of A201-2007, as modified for this Project shall apply to both the Preconstruction and Construction
Phases.
§ 11.4 Assignment
The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement
without the written consent of the other, except that the Owner may assign this Agreement to a lender providing
financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
Except as provided in Section 13.2.2 of A201 2007, as modified for this Project, neither party to the Contract shall
assign the Contract as a whole without written consent of the other. If either patty attempts to make such an
assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the
Contract.
§ 11.5 Other provisions:
The Rates are set per calendar year and subject to a three (3) percent cost of living increase every January 1" for the
following year.
§11.5.1 Owner shall have the right to directly communicate with any person or entity related to the Project about any
matter, whether or not such matter is related to the Project; provided, however, binding communications under this
Agreement shall only be made through the proper protocols set forth in this Agreement, Owner shall not interfere with
the Construction Manager's coordination of its Subcontractors and Suppliers. Construction Manager shall not
prohibit, limit or condition any employee or subcontractor of any tier, or any other person, from separately
communicating with Owner for any matter or purpose, whether or not such matter is related to the Project, except
where Owner has interfered with Construction Manager's coordination and management of its Subcontractors or
Suppliers
§ 11.5.2 In the event of any controversy, claim or action being filed or instituted between the parties to interpret or
enforce the terms of this Agreement or arising fi-om the breach of any provision hereof (whether sounding in tort,
contract or otherwise), the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees,
court costs, expert witness fees and other costs and expenses of such action in any appeal there from.
ARTICLE 12 SCOPE OF THE AGREEMENT
§ 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction
Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and Construction Manager.
§ 12.2 The following documents comprise the Agreement:
.1 AIA Document A133-2009, Standard Form of Agreement Between Owner and Construction Manager
as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed
Maximum Price, as modified for this Project
.2 AIA Document A201-2007, General Conditions of the Contract for Construction, as modified for this
Project
.3
Intentionally Deleted
.4
Intentionally Deleted
.5 Other documents:
(List other documents, if any forming part of the Agreement)
AIA Document A133TM — 2009 (formariy A121 T" CMC —2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
Inst. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`" 18
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 doeumentwas produced by ALA software at 14:06:46 on 0 810 912 01 6 under Order No.9725696B61_1 which expires on 01122/2017, and is not for resale.
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ARTICLE 13
§ 13.1 The Owner reserves the right to review and audit Construction Manager's records in regards to materials, costs,
services or goods that are supplied or provided in pursuit of this Agreement. This request may be exercised at any
time during (lie course of the Agreement, before final payment, or within 90 days of the conclusion of the Agreement,
The failure to provide such records upon the reasonable demand of the Owner shall be considered a cause for breach of
the Agreement and may be cause for termination and damages or liquidated damages to the Owner.
ThZrVgnam
ntered if as of the day and year first written above.
) CONSTRU ION MANAGER (.Signatrm•e)
B / s� D •(l
e;-e'Ir L 9r. Neal H. Russell President
(Pf•inted imine am_ title) (Pruned name and title)
AIA Document A133TM — 2009 (formerly A1217OCMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
hlit. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA° 19
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.
t This document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale.
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gff�iAIA
Document A201" - 2007
General Conditions of the Contract for Construction
for the following PROJECT:
(Name and location or address)
Bainbridge Park
Meridian, Idaho
THE OWNER:
(Name, legal status and address)
City of Meridian
Meridian, Idaho 83642
THE ARCHITECT:
(Nmne, legal staters and address)
TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 OWNER
3 CONTRACTOR
4 ARCHITECT
5 SUBCONTRACTORS
6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
7 CHANGES IN THE WORK
8 TIME
9 PAYMENTS AND COMPLETION
10 PROTECTION OF PERSONS AND PROPERTY
11 INSURANCE AND BONDS
12 UNCOVERING AND CORRECTION OF WORK
13 MISCELLANEOUS PROVISIONS
14 TERMINATION OR SUSPENSION OF THE CONTRACT
15 CLAIMS AND 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 teat 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.
Init. AIA Document A201 r" - 2007. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Amencan
Institute of Architects. All rights reserved. WARNING: This A]e Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 1
reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and YAll be prosecuted to the
maximum extent possible under the law. This document was produced byAlA sofhvare at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires
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INDEX
(Topics and numbers in bold are section headings.)
Acceptance of Nonconforming Work
9.6.6, 9.9.3, 12.3
Acceptance of Work
9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3
Access to Work
3.16, 6.2.1, 12.1
Accident Prevention
10
Acts and Omissions
3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5,
10.2.8, 13.4.2,13.7, 14.1, 15.2
Addenda
1.1.1, 3.11
Additional Costs, Claims for
3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4
Additional Inspections and Testing
9.4.2, 9.8.3, 12.2.1, 13.5
Additional Insured
11.1.4
Additional Time, Claims for
3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5
Administration of the Contract
3.1.3, 4.2, 9.4, 9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13
Allowances
3.8, 7.3.8
All-risk Insurance
11.3.1, 11.3.1.1
Applications for Payment
4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3
Approvals
2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10,
4.2.7, 9.3.2, 13.5.1
Arbitration
8.3.1, 11.3.10, 13.1, 15.3.2, 15.4
ARCHITECT
4
Architect, Definition of
4.1.1
Architect, Extent of Authority
2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2,
9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1,
13.5.1, 13.5.2, 14.2.2, 14.2.4,15.1.3, 15.2.1
Architect, Limitations of Authority and Responsibility
2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2,4.2.1, 4.2.2, 4.2.3,
4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2,
9.5.3, 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, 3.1 I, 3. 12, 3.16, 3.18,
4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5,
9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2
Architect's Relationship with Subcontractors
L 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, 9.10.3, 11.3.9,11.4
Building Permit
3.7.1
AIA Document A201-- 2007. Copydght®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
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Capitalization
1.3
Certificate of Substantial Completion
9.8.3, 9.8.4, 9.8.5
Certificates for Payment
4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,
9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3
Certificates of Inspection, Testing or Approval
13.5.4
Certificates of Insurance
9.10.2, 11.1.3
Change Orders
1. 1. 1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8,
5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3. 1,
9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2,
15.1.3
Change Orders, Definition of
7.2.1
CHANGES IN THE {YORK
2.2.1,3.11,4.2.8,7,7.2.1,7.3.1,7.4,8.3.1,9.3.1.1,
11.3.9
Claims, Definition of
15.1.1
CLAIMS AND DISPUTES
3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4
Claims and Timely Assertion of Claims
15.4.1
Claims for Additional Cost
3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4
Claims for Additional Time
3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5
Concealed or Unknown Conditions, Claims for
3.7.4
Claims for Damages
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
Claims Subject to Arbitration
15.3.1, 15.4.1
Cleaning Up
3.15, 6.3
Commencement of the Work, Conditions Relating to
2.2.1, 3,2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3,
6.2.2, 8.1.2, 8.2.2, 83.1, 11.1, 11.3.1, 11.3.6, 11.4.1,
15.1.4
Commencement of the Work, Definition of
8.1.2
Communications Facilitating Contract
Administration
3.9.1, 4.2.4
Completion, Conditions Relating to
3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1,
9.10, 12.2; 13.7, 14.1.2
COMPLETION, PAYMENTS AND
9
Completion, Substantial
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,
13.7
Compliance with Laws
1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2,
11. 1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14. 1. 1,
14.2.1.3, 15.2.8, 15.4.2, 15.4.3
Concealed or Unknown Conditions
3.7.4, 4.2.8, 8.3,1, 10.3
Conditions of the Contract
1.1.1, 6.1.1, 6.1.4
Consent, Written
3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1,
9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2
Consolidation or Joinder
15.4.4
CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
1.1.4, 6
Construction Change Directive, Definition of
7.3.1
Construction Change Directives
1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3,
9.3.1.1
Construction Schedules, Contractor's
3.10, 3,12.1, 3.12.2, 6.1.3, 15.1.5.2
Contingent Assignment of Subcontracts
5.4, 14.2.2.2
Continuing Contract Performance
15.1.3
Contract, Definition of
1.1,2
CONTRACT, TERMINATION OR
SUSPENSION OF THE
5.4.1.1, 11.3.9,14
Contract Administration
3.1.3, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating
to
3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1
Contract Documents, Copies Furnished and Use of
1.5.2, 2.2.5, 5.3
Contract Documents, Definition of
1.1.1
Contract Sum
3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7,
9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5
Contract Sum, Definition of
9.1
Contract Time
3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4,
8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2,
15.1.5.1, 15.2.5
Contract Time, Definition of
8.1.1
CONTRACTOR
3
Contractor, Definition of
3.1, 6.1.2
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. Insfitme of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal pen altles, and will be prosecuted to the
/ maximum extent possible under he law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires
on 01/22/2017, and is not for resale.
User Notes: (1515335768)
Contractor's Construction Schedules
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Contractor's Employees
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3,
11.1.1, 11.3.7, 14.1, 14.2.1.1
Contr'actor's Liability Insurance
11.1
Contractor's Relationship with Separate Contractors
and Owner's Forces
3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4
Contractor's Relationship with Subcontractors
1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2,
11.3.1.2, 11.3.7, 11.3.8
Contractor's Relationship with the Architect
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, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2,
7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3,
11.3.7, 12, 13.5, 15.1.2, 15.2.1
Contractor's Representations
3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2
Contractor's Responsibility for Those Performing the
Work
3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8
Contractor's Review of Contract Documents
3.2
Contractor's Right to Stop the Work
9.7
Contractor's Right to Terminate the Contract
14.1, 15.1.6
Contractor's Submittals
3.10, 3.1 I, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2,
9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2
Contractor's Superintendent
3.9, 10.2.6
Contractor's Supervision and Construction
Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3,
7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3
Contractual Liability Insurance
11.1.1.8, 11.2
Coordination and Correlation
1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1
Copies Furnished of Drawings and Specifications
1.5, 2.2.5, 3.11
Copyrights
1.5, 3.17
Correction 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 and Intent of the Contract Documents
1.2
Cost, Definition of
7.3.7
Costs
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, 7.3.9, 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-- 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
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
y maximum extent possible under the law. This documentwas produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861 (which expires
on 0 112 21201 7, and is not for resale_
User Notes: (1515335768)
Execution and Progress of the Work
L 1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5,
3.7.1, 3.10.1, 3.12, 3.14,4.2, 6.2.2, 7.1.3, 7.3.5, 8.2,
9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3
Extensions of Time
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2,
10.4, 14.3, 15.1.5, 15.2.5
Failure of Payment
9.5.1.3; 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2
Faulty Work
(See Defective or Nonconforming Work)
Final Completion and Final Payment
4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5,
12.3, 14.2.4, 14.4.3
Financial Arrangements, Owner's
2.2.1, 13.2.2, 14.1.1.4
Fire and Extended Coverage Insurance
11.3.1.1
GENERAL PROVISIONS
1
Governing Law
13.1
Guarantees (See Warranty)
Hazardous Materials
10.2.4,10.3
Identification of Subcontractors and Suppliers
5.2.1
Indemnification
3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2,
11.3.7
Information and Services Required of the Owner
2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5,
9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1,
13.5.2, 14.1.1.4, 14.1.4, 15.1.3
Initial Decision
15.2
Initial Decision Maker, Definition of
1.1.8
Initial Decision Maker, Decisions
14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Initial Decision Maker, Extent of Authority
14.2,2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4,
15.2.5
Injury or Damage to Person or Property
10.2.8, 10.4
Inspections
3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3,
9.9.2, 9.10.1, 12.2.1, 13.5
Instructions to Bidders
1.1.1
Instructions to the Contractor
3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2
Instruments of Service, 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
Insurance, 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, 15.1.1
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
Loss 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 A201*-- 2007. Copyright®1911, 19115.1918,1925,1937,195-1, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or dlstributlon of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the
7 maximum extent possible undethe law. This document we produced by AIA software at 15.03:46 on 07/13/2016 under Order No.9725696861_1 which expires
on 01/22/2017, and is not for resale.
User Notes: (1515335768)
Materials, Labor, Equipment and
1.1.3, 1.1.6, 1.5.1, 3.4.1., 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, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2
Means, Methods, Techniques, Sequences and
Procedures of Construction
3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2
Mechanic's Lien
2.1.2, 15.2.8
Mediation
8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3,
15.4.1
Minor Changes in the Work
1.1.1, 3.12.8, 4.2.8, 7.1, 7.4
MISCELLANEOUS PROVISIONS
13
Modifications, Definition of
1.1.1
Modifications to the Contract
1.1.1, 1. 1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7,
10.3.2, 11.3.1
Mutual Responsibility
6.2
Nonconforming Work, Acceptance of
9.6.6, 9.9.3, 12.3
Nonconforming Work, Rejection and Correction of
2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4,
12.11
Notice
2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 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
Notice, Written
2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9. 10,
10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8,
15.4.1
Notice of Claims
3.7.4, 10.2.8, 15.1.2, 15.4
Notice of Testing and Inspections
13.5.1, 13.5.2
Observations, Contractor's
3.2, 3.7.4
Occupancy
2.2.2, 9.6.6, 9.8, 11.3.1.5
Orders, Written
1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2,
14.3.1
OWNER
2
Owner, Definition of
2.1.1
Owner, Information and Services Required of the
2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2,
9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 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
L 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, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1,
14.2.3, 14.2.4, 14.4.3
or4Payment, 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,
.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, 14.2.3,15J.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 A20V--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
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and wlII be prosecuted to the
maximum extent possible under the law. This documentwas produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires
on 01/2212017, and is not for resale.
User Notes: (1515335768)
Performance Bond and Payment Bond
7.3.7.4, 9.6.7, 9.10.3, 11.4
Permits, Fees, Notices and Compliance with Laws
2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF
10
Polychlorinated Biphenyl
10.3.1
Product Data, Definition of
3.12.2
Product Data and Samples, Shop Drawings
3.11, 3.12, 4.2.7
Progress and Completion
4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3
Progress. Payments
9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3
Project, Definition of
1.1.4
Project Representatives
4.2.10
Property Insurance
10.2.5, 11.3
PROTECTION OF PERSONS AND PROPERTY
10
Regulations and Laws
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, 11.4,13.1, 13.4,13.5.1, 13.5.2,13.6,14,
15.2.8, 15.4
Rejection of Work
3.5, 4.2.6, 12.2.1
Releases and Waivers of Liens
9.10.2
Representations
3.2.1,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8,2,
9.10.1
Representatives
2.1.1,3.1.1,3.9,4.1.1, 4.2.1, 4.2.2,4.2.10, 5.1.1, 5. L2,
13.2.1
Responsibility for Those Performing the Work
3.3.2,3.18,4.2.3,5.3,6.1.3,6.2,6.3,9.5.1, 10
Retainage
9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3
Review of Contract Documents and Field
Conditions by Contractor
3.2, 3.12.7, 6.1.3
Review of Contractor's Submittals by Owner and
Architect
3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2
Review of Shop Drawings, Product Data and Samples
by Contractor
3.12
Rights and Remedies
1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1,
6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4,
13.4, 14, 15.4
Royalties, Patents and Copyrights
3.17
Rules and Notices for Arbitration
15.4.1
Safety of Persons and Property
10.2, 10.4
Safety Precautions and Programs
3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4
Samples, Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11, 3.12, 4.2.7
Samples Rt the Site, Documents anti
3.11
Schedule of Values
9.2, 9.3.1
Schedules, Construction
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Separate Contracts and Contractors
1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2
Shop Drawings, Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.11, 3.12, 4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1
Site Inspections
3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5
Site Visits, Architect's
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Special Inspections and Testing
4.2.6, 12.2.1, 13.5
Specifications, Definition of
1.1.6
Specifications
1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14
Statute of Limitations
13.7, 15.4.1.1
Stopping the Work
2.3, 9.7, 10.3, 14.1
Stored Materials
6.2.1, 9.3.2, 10.2.1.2, 10.2.4
Subcontractor, Definition of
5.1.1
SUBCONTRACTORS
5
Subcontractors, Work by
1.2.2,3.3.2, 3.12.1,4.2.3, 5.2.3, 5.3,5.4, 9.3.1.2, 9.6.7
Subcontracttml Relations
5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1
Submittals
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8,
9.9.1, 9.10.2, 9.10.3, 11.1.3
Submittal Schedule
3.10.2, 3.12.5, 4.2.7
Subrogation, Waivers of
6.1.1, 11.3.7
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Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA° Document, or any portion of It, may result in severecivil and criminal penalties, and will he prosecuted to the
/ maxi mum extant possible under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires
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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,
13.7
Substantial Completion, Definition of
9.8.1
Substitution of Subcontractors
5.2.3, 5.2.4
Substitution of Architect
4.1.3
Substitutions of Materials
3.4.2, 3.5, 7.3.8
Sub -subcontractor, Definition of
5.1.2
Subsurface Conditions
3.7.4
Successors and Assigns
13.2
Superintendent
3.9, 10.2.6
Supervision and Construction Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3,
7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3
Surety
5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7
Surety, Consent of
9.10.2, 9.10.3
Surveys
2.2.3
Suspension by the Owner for Convenience
14,3
Suspension of the Work
5.4.2, 14.3
Suspension or Termination of the Contract
5.4.1.1, 14
Taxes
3.6, 3.8.2.1, 7.3.7.4
Termination by the Contractor
14.1, 15.1.6
Termination by the Owner for Cause
5.4.1.1, 14.2, 15.1.6
Termination by the Owner for Convenience
14.4
Termination of the Architect
4.1.3
Termination of the Contractor
14.2.2
TERMINATION OR SUSPENSION OF THE
CONTRACT
14
Tests and Inspections
3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2,
9.10.1, 10.3.2,11.4.1, 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, 9.9, 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'%VORK
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, 10.2.2, 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
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ARTICLE 1 GENERAL PROVISIONS
§ 1.1 BASIC DEFINITIONS
§ 1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the
Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement
and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract
signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor
change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract
Documents do not include the advertisement or invitation to bid, instructions to Bidders, sample forms, other
information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or
portions of Addenda relating to bidding requirements.
§ 1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any khtd (1) between the Contractor and the Architect or the
Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner
and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the
Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the
Contract intended to facilitate performance of the Architect's duties.
§ 1.1.3THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the
Contractor to fidfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.
§ 1.1.4THE PROJECT
The Project is the total construction of which the Work performed tinder the Contract Documents maybe the whole or
a part and which may include construction by the Owner and by separate contractors.
§ 1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.
§ 1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,
equipment, systems, standards and workmanship for the Work, and performance of related services.
§ 1.1.7 INSTRUMENTS OF SERVICE
Instruments of Service are representations, in any medium of expression now known or later developed, ofthe tangible
and intangible creative work performed by the Architect and the Architect's consultants tinder their respective
professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models,
sketches, drawings, specifications, and other similar materials.
§ 1,1,1 INITIAL DECISION MAKER
The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in
accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. The Initial Decision
maker is the Owner.
§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion
of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as
binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the
Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.
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 AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
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§ 1.2.1 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not
control the Contractor in dividing the Work annong Subcontractors or in establishing the extent of Work to be
performed by any trade.
§ 1.2.2 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
(Paragraph deleted)
§ 1.3 CAPITALIZATION
Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles ofnumbered
articles or (3) the titles of other documents published by the American Institute of Architects.
§ 1.4 INTERPRETATION
In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles
such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is
not intended to affect the interpretation of either statement.
§ 1.4.1 In the event of conflicts, inconsistencies, discrepancies or ambiguities between or among the Contract
Documents not resolved by Addenda, interpretations shall be based on the following order of precedence:
.1 modifications of the Agreement, with those of later date having precedence over those of earlier date,
.2 the Agreement;
.3 these Terms and Conditions
.4 Addenda, with those of later date having precedence over those of earlier date;
.5 the Drawings, with those in larger scale having precedence over those in smaller scale, and with notes and
schedules thereon having precedence over the remainder of the drawings; and
.6 the Specifications.
§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
§ 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and will 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.
§ 1.5.2 The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use
and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All
copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The
Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of
Service on other projects or for additions to this Project outside the scope of the Work without the specific written
consent of the Owner, Architect and Architect's Consultants..
§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM
If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they
shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the
Agreement or the Contract Documents.
ARTICLE 2 OWNER
12.1 GENERAL
§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The Owner shall designate in writing a representative who shall have express
authority to bind the Owner with respect to all matters requiring the Owner's approval, agreement,or authorization.
Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means
the Owner or the Owner's authorized representative.
§ 2.1.2 The Owner shall furnish to the Contractor within seven days after receipt of a written request, information
reasonably necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lieu rights.
AIA Document A201--2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Inst. Institute of Architects. All rights reserved. WARNING: This Al a Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 10
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Such information shall include a correct statement of the record legal title to the property on which the Project is
located, usually referred to as the site, and the Owner's interest therein.
§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable
evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.
Thereafter, the Contractor may only request such evidence it (1) the Owner fails to make payments to the Contractor as
the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor
identifies in writing a reasonable concern regarding the Owner's ability to make payment die when due. The Owner
shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of
the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary
such financial arrangements without prior notice to the Contractor.
(Paragraph deleted)
§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures or for permanent
changes in existing facilities.
§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and Utility locations for
the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of
information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the
Work.
§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with
reasonable promptness. The Owner shall also furnish any other information or services tinder the Owner's control and
relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's
written request for such information or services.
§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of
the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.
§ 2.2.6 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner and the
Architect but shall exercise proper precautions relating to the safe performance of the Work.
§ 2.3 OWNER'S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as
required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner
may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has
been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part ofthe Owner
to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by
Section 6.1.3.
§ 2.4 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
within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Ownermay
have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments
then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses
and compensation for the Architect's additional services made necessary by such default, neglect 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 the Owner.
ARTICLE 3 CONTRACTOR
§ 3.1 GENERAL
§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The Contractor shall be lawfidly licensed, if required in the jurisdiction
where the Project is located. The Contractor shall designate in writing a representative who shall have express
AIA Document A201r"— 20D7. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Amedcan
Init. Institute of Architects. All rights reserved. WARNING: This A] As Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11
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authority to bind the Contractor with respect to all matters under this Contract. T11e term "Contractor" means the
Contractor or the Contractor's authorized representative.
§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
(Paragraph cleletedJ
§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract
Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests,
inspections or approvals required or performed by persons or entities other than the Contractor.
§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become
generally familiar with local conditions under which the Work is to be performed and correlated personal observations
with requirements of the Contract Documents.
§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the
Work, caref lly study and compare the various Contract Documents relative to that portion ofthe Work, as well as the
information lirnislred by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing
conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the
purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall
promptly report to the Architect any errors, inconsistencies or omissions discovered by or made ktlown to the
Contractor as arequest for information in such form as the Architect may require. It is recognized that the Contractor's
review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise
specifically provided in the Contract Documents.
§ 3.2.3 The Contractor isnot required to ascertain that the Contract Documents are in accordance with applicable laws,
statutes, ordinances, codes, rules and regulations, or lawfill orders of public authorities, but the Contractor shall
promptly report to the Architect any nonconformity discovered by or made known to the Contractor.
§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the
Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3,
the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of
Sections 3.2,2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if
the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not
be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract
Documents, for differences between field measurements or conditions and the Contract Documents, or for
nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and
lawful orders of public authorities.
§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The
Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences
and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give
other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning
construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety
thereof and, except as stated below, shall be fidly and solely responsible for the jobsite safety of such means, methods,
techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or
procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not
proceed with that portion of the Work without filrther written instructions from the Architect. If the Contractor is then
instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of
changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from
those Owner -required means, methods, techniques, sequences or procedures. The Contractor shall manage and
coordinate all Subcontractors and others engaged in the performance of the Work.
AIA Document MaVu-2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or
on behalf of, the Contractor or any of its Subcontractors.
§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
such portions are in proper condition to receive subsequent Work.
§ 3.3.4 The Contractor shall provide and maintain a construction office at the site.
§ 3.4 LABOR AND MATERIALS
§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
and whether or not incorporated or to be incorporated in the Work.
§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections
3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the
Architect and in accordance with a Change Order or Construction Change Directive.
§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly
skilled in tasks assigned to them.
§ 3.5 WARRANTY
The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will he
of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants
that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for
those inherent in the quality of the Work the Contract Documents require or permit. The Contractor further warrants
that the Work will comply with applicable laws and industry standards, and shall be performed or installed in
accordance with all manufacturers' requirements, recommendations and guidelines unless otherwise specified in the
Contract Documents. Work, materials, or equipment not conforming to these requirements may be considered
defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work
not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear
and normal Usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
§ 3.6 TAXES
The Contractor shall pay sales taxes for the materials provided by the Contractor that are legally enacted when bids are
received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
§ 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS
§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
execution and completion of the Work that are customarily secured after execution of the Contract and legally required
at the time bids are received or negotiations concluded.
§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
§ 3.7.31fthe Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules
and regulations, or lawfid orders of public authorities, the Contractor shall assume appropriate responsibility for such
Work and shall bear the costs attributable to correction.
§ 3.7.4 Concealed or Unknown Conditions. Ifthe Contractor encounters conditions at the site that are (1) subsurface
or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or
(2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the
AIA Document A201 Te — 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Inst. Institute of Architects. All rights rese wed. WARNING: This Al Ax Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
/ maximum extent possible under the law. This document was produced by AlAsohware at 15:03:46 on 07/13/2016 under Order No. 9725696861_1 which expires
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Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no
event later than 7 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 cost of,
or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different
fi-om those indicated in the Contract Documents and that no change in the terns of the Contract is justified, the
Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the
Architect's determination or recommendation, that party may proceed as provided in Article 15.
§ 3.7.5 If, in the course of the lVork, 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 butshall
continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract
Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15.
§ 3.8 ALLOWANCES
§ 3.8.1 The Contractor shall include in the Contract Sam all allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but
the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.
§ 3.8.2 Unless otherwise provided in the Contract Documents,
.1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and
all required taxes, less applicable trade discounts;
.2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but
not in the allowances; and
.3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly
by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs
and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2.
§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.
§ 3.9 SUPERINTENDENT
§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at
the Project site during performance of the NVork. The superintendent shall represent the Contractor, and
communications given to the superintendent shall be as binding as if given to the Contractor. The superintendent shall
continuously supervise and observe all work in progress so as to ensure that the tVork is proceeding in accordance with
the Contract Documents.
§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner
through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14
days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the
proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply
within the 14 day period shall constitute notice of no reasonable objection.
§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made
reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent,
which shall not unreasonably be withheld or delayed.
§ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and
Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits
current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the
Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall
provide for expeditious and practicable execution of the lVork.
AIA Document A201*u— 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 A]Ae Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14
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1 maximum extent possible un der the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires
on 01/2212017, and is not for resale.
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§3.10.1.1 The Construction Manager shall assign a professional project scheduler possessing building and site design
and construction experience. If deemed qualified by Owner, the Construction Manager can assign an in-house
scheduler. The Construction Manager shall develop a detailed critical path method (CPM) schedule that identifies all
design activities, permits and all other activities required to be completed before construction activities can begin and
a preliminary construction schedule. The CPM project schedules shall be developed using Microsoft Project's latest
version, or Primavera SureTrack Project Manager's latest version.
§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter
as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval.
The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be
coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time not to exceed
seven days. to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be
entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of
submittals.
§ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the
Owner and Architect.
§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE
The Contractor shall maintain at the site for the Owner one (1) copy of the Drawings, Specifications, Addenda,
Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections
made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required
submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner
upon completion of the Work as a record of the Work as constructed.
§3.11.1 The Construction Manager shall maintain complete and accurate records, including (a) correspondence, (b)
meeting notes and minutes, (c) shop drawings and submittals, (d) Construction Documents including change orders,
(e) clarifications and interpretations of the Construction Documents issued by the project Architect, (f) progress
reports including observations of testing performed, (g) as -built drawings, and (h) all other project related documents
including but not limited to those utilizing the project management software.
§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of
the Work.
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and
other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
§ 112.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards
by which the Work will be judged.
§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is
to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept
expressed in the Contract Documents for those portions of the Work for which the Contract Documents require
submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which
the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that
are not required by the Contract Documents may be returned by the Architect without action.
§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in
accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal
schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the
Owner or of separate contractors.
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 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 clvlI and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires
on 01/22/2017, and is not for resale.
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§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the
Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials,
field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the
information contained within such submittals with the requirements of the Work and of the Contract Documents.
§ 3.12.7 The Contractor shall perform no portion of the work for which the Contract Documents require submittal and
review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been
approved by the Architect.
§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of
responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect
in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific
deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued
authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop
Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof.
§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the
absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions.
§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of
architecture or engineering unless such services are specifically required by the Contract Documents for a portion of
the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities
for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to
provide professional services in violation of applicable law. If professional design services or certifications by a
design professional related to systems, materials or equipment are specifically required of the Contractor by the
Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services
must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design
professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop
Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work
designed or certified by such professional, if prepared by others, shall bear such professional's written approval when
submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications and approvals performed or provided by such design professionals,
provided the Owner and Architect have specified to the Contractor all performance and design criteria that such
services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate
action on submittals only for the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the
performance and design criteria specified in the Contract Documents.
§ 3.13 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawfid orders of public authorities and the Contract Documents and shall not unreasonably
encumber the site with materials or equipment.
§ 3.14 CUTTING AND PATCHING
§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the work or to make
its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing
prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.
§ 3.14.2 The Contractor shall not damage or endanger a portion of the work or fully or partially completed
construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by
excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor
except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's
consent to cutting or otherwise altering the work.
AIA Document A201TM— 2007. Copyrights) 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 resolved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 16
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 15:0346 on 07/13/2016 under Order No.9725696861_1 which expires
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§ 3.15 CLEANING UP
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or
rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste
materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about
the Project.
§ 3.15.2 The Owner shall provide written Notice to the Contractor to comply with 3.15.1 if the Contractor fails to
clean up as provided in the Contract Documents. If after the Contractor's receipt of a notice the Contractor fails to
clean up, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor.
§ 3.16 ACCESS TO WORK
The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever
located.
§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of
copyrights and patent rights and shall hold tine Owner and Architect harmless from loss on account thereof, but shall
not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings,
Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall
be responsible for such loss unless such information is promptly furnished to the Architect.
§ 3.18 INDEMNIFICATION
§ 3.18.1 To the fid lest extent permitted bylaw 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,
provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent
acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for
whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist as to a party or person described in this Section.
§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,
a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, tine
indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts,
disability benefit acts or other employee benefit acts.
ARTICLE 4 ARCHITECT
§ 4.1 GENERAL
§ 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing
architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the
Agreement and is referred to throughout the Contract Documents as if singular in number.
§ 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall
not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall
not be unreasonably withheld.
§ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the
Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect.
§ 4.2 ADMINISTRATION OF THE CONTRACT
§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be
an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The
Architect will have authority to act on behalf ofthe Owner only to the extent provided in the Contract Documents. The
AIA Document A201TM— 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1986, 1970, 1976, 1987, 1997 and 2007 by The American
Init. Insblute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and Inlemalional Treaties. Unauthorized 17
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
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Contractor shall rely on the directions and actions of the authority extended to the Architect in the Contract Documents
to act on behalf of the Owner.
§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with
the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to
determine in general if the Work observed is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make
exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have
control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or
for the safety precautions and programs in connection with the Work, since these are solelythe Contractor's rights and
responsibilities under the Contract Documents, except as provided in Section 3.3.1.
§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and
quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract
Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and
deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the
Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or
charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or any other persons or entities performing portions of the Work.
§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION
Except as otherwise provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall endeavor to communicate directly with each other through the Architect
about matters arising out of or relating to the Contract. Cormnunications by and with the Architect's consultants shall
be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications by and with separate contractors shall be through the Owner.
§ 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review
and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
§ 4.2.6 The Architect has authority to and shall reject Work that does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or
testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed.
§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such
as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents. The Architect's action will be taken
in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal
schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities, or for substantiating instructions of or installation of
performance or equipment or systems, all of which remain the responsibility of the Contractor as required by the
Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the
obligations tinder Section 3.3, 3.5, and 3.12.The Architect's review of the Contractor's Submittals shall not constitute
approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval
of an assembly of which the item is a component.
§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor
changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and
recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
§ 4.2.9 Tlne Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of
final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the
Owner, for the Owner's review and records, written warranties and related documents required by the Contract and
AIA Document A201--2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966,1970, 1976, 1987, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This A] As 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 documant was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires
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assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section
9.10.
§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in
carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such
project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
§ 4.2.11 The Architect will interpret and decide matters concerning performance tinder, and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests
will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the Contract Documents and will be in
writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to
secure f tithfrd performance by both Owner and Contractor, and will not show partiality to either and will not be liable
for results of interpretations or decisions rendered in good faith.
§ 4.2.13 Tire Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent
expressed in the Contract Documents.
§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The
Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with
reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications
in response to the requests for information. In the case of a Change in work which results from a response, the
Architect will issue a Construction Change Directive.
ARTICLE 5 SUBCONTRACTORS AND SUPPLIERS
§ 5.1 DEFINITIONS
§ 5.1.1 A Subcontractor is a person or entitywho has a direct contract with the Contractor to perform a portion of the
Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number
and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not
include a separate contractor or subcontractors of a separate contractor.
§ 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform
a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if
singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor.
§ 5.1.3 SUPPLIER
A Supplier is a person or entity that has a direct contract with the Construction Manager to supply material or
equipment, but not construction, in connection with the Work.
§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of
persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed
for each principal portion of the work. The Architect may reply within fourteen (14) days to the Contractor in writing
stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2)
that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the fourteen
(14) day period shall constitute notice of no reasonable objection.
§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made
reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor
has made reasonable objection.
§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the
Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but
rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be
AIA Document A2011-- 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Inst. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 19
reproduction or distribution of this Al a Document, or any portion of it, may result Inaevere civil and criminal penalties, and will be prosecuted to the
/ maximum extent possible under the law. This document was produced by AIA software at 15:0346 on 07/1312016 under Order No.9725696861_1 which expires
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increased or decreased bythe difference, if any, occasioned by such change, and an appropriate Change Order shall be
issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or
Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in
submitting names as required.
§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or
Architect makes reasonable objection to such substitution.
§ 5.3 SUBCONTRACTUAL RELATIONS
By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor,
to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract
Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility
for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and
Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the
Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will
not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the
subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the
Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to
enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and
conditions of the proposed subcontract agreement that may be at variance with the Contract Documents.
Subcontractors will similarly make copies of applicable portions of such documents available to their respective
proposed Sub -subcontractors.
§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that
.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to
Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the
Subcontractor and Contractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Contract.
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and
obligations under the subcontract.
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's
compensation shall be equitably adjusted for increases in cost resulting from the suspension.
§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a
successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the
Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the
subcontract.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
§ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own
forces, and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these including those
portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.
§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on
the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each
separate Owner -Contractor Agreement
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§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner's rant forces and of each separate
contractor with the Mork of the Contractor, who shall cooperate with them. The Contractor shall participate with other
separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any
revisions to the construction schedule deemed necessary after a joint review and mutual agreement. In the event the
Contractor's schedule is extended, the Time and Cost Extensions shall be addressed under Articles 8.3 and 15.The
construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the
Owner until subsequently revised.
§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations
related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations
and to have the same rights that apply to the Contractor corder the Conditions of the Contract, including, without
excluding otters, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.
§ 6.2 MUTUAL RESPONSIBILITY
§ 6.2.1 To the extent required by the Contract Documents, the Contractor shall afford the Owner and separate
contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of
their activities, and shall connect and coordinate the Contractor's construction and operations with theirs.
§ 6.2.2 If part of the Contractor's Mork depends for proper execution or results upon construction or operations by the
Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Mork, promptly report
to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such
proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the
Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the
Contractor's Wolk, except as to defects not then reasonably discoverable.
§ 6.2,3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor
because of the Contractor's delays, improperly times activities or defective construction. The Owner shall be
responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly
timed activities, damage to the Mork 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.
§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are
described for the Contractor in Section 3.14.
§ 6.3 OWNER'S RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility Under their
respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the
Owner may make arrangements to clean up and the Architect will after issuing a written notice to the Contractors,
allocate the cost among those responsible.
ARTICLE 7 CHANGES IN THE WORK
§ 7.1 GENERAL
§ 7.1.1 Changes in the Mork may be accomplished after execution of the Contract, and without invalidating the
Contract, only by Change Order, Construction Change Directive or order for a minor change in the Mork, subject to
the limitations stated in this Article 7 and elsewhere in the Contract Documents.
§ 7.1.1.1 Notwithstanding the provisions of this Article and elsewhere in the Contract, all changes to the layout,
configuration, materials or other characteristics of the design of the Mork, whether effected by a Change Order,
Construction Change Directive or order for minor change in the Mork, shall be set out in a Modification of the
Drawings or Specifications, or both, that is (1) prepared and issued by the Architect and (2) attached to and
incorporated into the applicable Change Order, Construction Change Directive or order for minor change in the Mork.
§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction
Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor;
an order for a minor change in the Work may be issued by the Architect alone.
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§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the
Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or
order for a minor change in the Work.
§ 7A.3 The Owner and Contractor expressly and explicitly acknowledge and agree that no employee or consultant of
the Owner or any other person or entity shall have authority to order, request, approve, cancel, disapprove or take any
other binding action on behalf of the Owner with respect to Change Orders, Construction Change Directives or any
other documents changing the Work, whether pursuant to this Article 7 or otherwise, except the Owner's Designated
Representative named in the Agreement or the Architect's designated representative to the extent provided in the
Contract Documents.
§ 7.2 CHANGE ORDERS
§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and
Architect stating their agreement upon all of the following:
.1 The change in the Work;
.2 The amount of the adjustment, if any, in the Contract Sum; and
.3 The extent of the adjustment, if any, in the Contract Time.
§ 7.3 CONSTRUCTION CHANGE DIRECTIVES
§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and
Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract
Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in
the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract
Sum and Contract Time being adjusted accordingly.
§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change
Order.
§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be
based on one of the following methods:
.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation;
.2 Unit prices stated in the Contract Documents or subsequently agreed upon;
.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or
percentage fee, or
.4 As provided in Section 7.3.7.
§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
Contractor, the applicable unit prices shall be equitably adjusted.
§ 7.3.5 Upon receipt of Construction Change Directive, the Contractor shall promptly proceed with the change in the
Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any,
provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or
Contract Time.
§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith,
including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall
be effective immediately and shall be recorded as a Change Order.
§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,
the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of
those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount
for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable
amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the
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Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided
in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following:
.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required
by agreement or custom, and workers' compensation insurance;
.2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or
consumed;
.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor
or others;
.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the
Work; and
.5 Additional costs of supervision and field office personnel directly attributable to the change.
§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured
on the basis of net increase, if any, with respect to that change.
§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor
may request payment for Work completed under the Construction Change Directive in Applications for Payment. The
Architect will make an interim determination for purposes of monthly certification for payment for those costs and
certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be
reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as
a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.
§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the
adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such
agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be
issued for all or any part of a Construction Change Directive.
§ 7.4 MINOR CHANGES IN THE WORK
The Architect 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.
ARTICLE 8 TIME
§ 8.1 DEFINITIONS
§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in
the Contract Documents for Substantial Completion of the Work.
§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.
§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.
§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically
defined.
§ 8.2 PROGRESS AND COMPLETION
§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement
the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely
continence operations on the site or elsewhere prior to the effective date of insurance required by Article I I to be
fiunished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective
date of such insurance.
§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion
within the Contract Time.
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§ 8,3 DELAYS AND EXTENSIONS OF TIME
§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of
the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes
ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or otter causes
beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other
causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for
such reasonable time as is appropriate under the circumstances.
§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the
Contract Documents.
ARTICLE 9 PAYMENTS AND COMPLETION
§ 9.1 CONTRACT SUM
The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the
Owner to the Contractor for performance of the Work tinder the Contract Documents.
§ 9.2 SCHEDULE OF VALUES
Where the Contract is based on a 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 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.
§ 9.3 APPLICATIONS FOR PAYMENT
§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required tinder
Section 9.2, for completed portions of the Work. Such application shall be notarized, if required,. and supported by
such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract
Documents.
§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in
the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the
Architect, but not yet included in Change Orders.
§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the
Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others
whom the Contractor intends to pay.
§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance
by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location
agreed upon in writing and for deposits, prepayments and down payments for equipment or materials. Payment for
materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with
procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise
protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site
for such materials and equipment stored off the site.
§ 9.3.3 T1ne Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no
later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all
Work for which Certificates for Paymenthave been previously issued and payments received from the Owner shall, to
the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a
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claim by reason of having provided labor, materials and equipment relating to the Work, and conditional and
unconditional lien releases shall be furnished with each Application for Payment.
§ 9.4 CERTIFICATES FOR PAYMENT
§ 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to
the Oamer a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect deterntines 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
on the Architect's observation and/or evaluation of the Work and the data comprising the Application for Payment,
thatlhe Work has progressed to the point indicated and that, in the Architect's professional opinion, the quality of the
Work is in accordance with the Construction Documents and the Contract Documents, and that Architect has critically
evaluated and certified that the amounts requested in the Application for Payment are valid and correct. The foregoing
representations are subject to an evaluation of the Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the
Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a
Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount
certified. However, the issuance of a Certificate for Payment will not be a representation that. the Architect has (1)
made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data unless requested by the Owner to substantiate the Contractor's
right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION
§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to
protect the Owner, if in the Architect's opinion the representations to the Owher required by Section 9.4.2 cannot be
made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the
Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount,
the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such
representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently
discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as
may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,
including loss resulting frons acts and omissions described in Section 3.3.2, because of
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security
acceptable to the Owner is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5 damage to the Owner or a separate contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or
.7 repeated or substantial failure to carry out the Work in accordance with the Contract Documents.
§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.
§ 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,
issuejoint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the
Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the
Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such
payment on the next Certificate for Payment.
AIA Document A201*" -2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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§ 9.6 PROGRESS PAYMENTS
§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
within the time provided in the Contract Documents, and shall so notify, the Architect. Notwithstanding anything to
the contrary set forth herein, the Owner must approve, in writing, all payments to a Contractor.
§ 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner
the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the
Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner.
(Paragraph deleted)
§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted
Work. If the Contractor fails to finnish such evidence within seven days, the Owner shall have the rightto contact
Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an
obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.
§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided
in Sections 9.6.2, 9.6.3 and 9.6.4.
§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
(ParagralA deleted)
§ 9.7 FAILURE OF PAYMENT
If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within thirty (30)
days afler the date established in the Contract Documents the amount certified by the Architect or awarded by binding
dispute resolution, then the Contractor may, upon seven additional days' Written notice to the Owner and Architect,
stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of
shut -down, delay and start-up, plus interest as provided for in the Contract Documents.
§ 9.8 SUBSTANTIAL COMPLETION
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for
its intended use.
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
§ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or
designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not
included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so
that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall,
before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the
Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine
Substantial Completion.
§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate
of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the
time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by
the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion
thereof unless otherwise provided in the Certificate of Substantial Completion. The issuance of a Certificate of
Substantial Completion shall not be unreasonably withheld or processed.
AIA Document A20F-- 2007. Copyright 0-1911, 1916, 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 AIA` Document Is protected by U.S. Copyright Law and International Treatles. Unauthorized 26
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§ 9.8.5 nie Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
acceptance ofresponsibilities 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
§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to
by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the
Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing
concerning the period for correction of the Work and commencement of warranties required by the Contract
Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit
a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not
be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between
the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of portion or portions of the Work shall not constitute
acceptance of Work not complying with the requirements of the Contract Documents.
§ 9.10 FINAL COMPLETION AND FINAL PAYMENT
§ 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and
upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
Architect finds the work acceptable under the Contract Documents and the Contract fully performed, the Architect
will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information
and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will
constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being
entitled to final payment have been fidfilled.
§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to
the Architect(]) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with
the work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld
by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract
Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire
until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor
knows of no substantial reason that the insurance will not be renewable to cover the period required by 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, conditioned on receipt of
payment arising out of the Contract, to the extentand in such form as may be designated by the Owner. If a
Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond
satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are
made, the Contractor shall refimd to the Owner all money that the Owner may be compelled to pay in discharging such
lien, including all costs and reasonable attorneys' fees.
§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the
Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the
Contract, make payment ofthe balance due for that portion of the Work filly completed and accepted. If the remaining
balance for work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if
bonds have been fiunished, the written consent of surety to payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such
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payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver
of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of
final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in
connection with the performance of the Contract.
§ 10.2 SAFETY OF PERSONS AND PROPERTY
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to he incorporated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or the Contractor's Subcontractors or
Sub -subcontractors; and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation or replacement in the course of
construction.
§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss.
§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are
necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under
supervision of properly qualified personnel.
§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in
whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by
any ofthem, or by anyone for whose acts they may be liable and for which the Contractor isresponsible 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.
§ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated
by the Contractor in writing to the Owner and Architect.
§ 10.2,7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or
create an unsafe condition.
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§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY
If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured,
shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall
provide sufficient detail to enable the other party to investigate the matter.
§ 10.3 HAZARDOUS MATERIALS
§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents
regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the
Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to
persons resulting f -ora a material or substance, including but not limited to asbestos or polychlorinated biphenyl
(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
stop work in the affected area and report the condition to the Owner and Architect in writing.
§ 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to
verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or
substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract
Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons
or entities who are to perform tests verifying the presence or absence of such material or substance or who are to
perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will
promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities
proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the
Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.
When the material or substance has been rendered harmless, Work in the affected area shall resume upon written
agreement ofthe Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the
Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and
start-up.
§ 10.3.3 To the fi hest extent permitted by law, the Owner shall indenmify and hold harmless the Contractor,
Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims,
damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from
performance of the work in the affected area if in fact the material or substance presents the risk of bodily injury or
death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of
the patty seeking indemnity.
§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings
to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible
for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or
negligence in the use and handling of such materials or substances.
§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a
material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault
or negligence.
§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for
the cost of remediation of a hazardous material or substance solely by reason of performing work as required by the
Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred provided the
Owner's actions resulted in the need to the remediation of such hazardous material or substance.
§ 10.4 EMERGENCIES
In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to
prevent threatened damage, injury or loss. Additional compensation or extension oftime claimed by the Contractor on
account of an emergency shall be determined as provided. in Article 15 and Article 7.
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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 lawfidly authorized to do
business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set
forth below which may arise out of or result from the Contractor's operations and completed operations under the
Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them
may be liable:
.1 Claims under workers'compensation, disability benefit and other similar employee benefit acts that are
applicable to the Work to be performed;
.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
Contractor's employees;
.4 Claims for damages insured by usual personal injury liability coverage;
.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
.6 Claims for damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use of a motor vehicle;
.7 Claims for bodily injury or property damage arising out of operations; and
.8 Claims involving contractual liability insurance applicable to the Contractor's obligations under
Section 3.18.
§ 11.1.2 The insurance required by Section 11.1,1 shall be written for not less than limits of liability specified in the
Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence
or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the
date of final payment and termination of any coverage required to be maintained after final payment, and, with respect
to the Contractor's completed operations coverage, until the expiration of tile period for correction of Work or for such
other period for maintenance of completed operations coverage as specified in the Contract Documents.
§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the
Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the
insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An
additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall
be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or
replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning
reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be
furnished by the Contractor with reasonable promptness.
§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include
(1) the Owner, the Architect and the Architect's consultants as additional insureds for clavus caused in whole or in part
by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional
insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's
completed operations.
§ 11.20WNER'S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance.
§ 11.3 PROPERTY INSURANCE
§ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's
risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract
Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the
site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless
otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or
entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,
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Whichever is later.'fbis insurance shall include interests of the Owner, the Contractor, Subcontractors and
Sub -subcontractors in the Project.
§ 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation,
insurance against the perils of fire (with extended coverage) and physical loss or damage including, without
duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,
testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any
applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and
expenses required as a result of such insured loss.
§ 11.3.1.2Ifthe Owner does not intend to purchase such property insurance required by the Contract and with all of the
coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement
of the Work. The Contractor may then effect insurance that will protect the interests ofthe Contractor, Subcontractors
and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner.
If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described
above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly
attributable thereto.
§ 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay all deductible amounts and any other
costs not covered because of such deductibles.
§ 11.3.1.4111is property insurance shall cover portions of the Work stored off the site, and also portions of the Work in
transit.
§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence Until the insurance company or
companies providing property insurance have consented to such partial occupancy or use by endorsement or
otherwise. The Owner shall take reasonable steps to obtain consent of the insurance company or companies and shall,
without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation,
lapse or reduction of insurance.
§ 11.3.2 BOILER AND MACHINERY INSURANCE
The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by
law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner;
this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work,
and the Owner and Contractor shall be named insureds.
§ 11.3.3 LOSS OF USE INSURANCE
The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of
use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action
against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other
hazards however caused.
§ 11.3.4Ifthe Contractor requests in writing that insurance for risks other than those described herein or other special
causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and
the cost thereof shall be charged to the Contractor by appropriate Change Order.
§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent
to the site by property insurance under policies separate from those insuring the Project, or if after final payment
property insurance is to be provided on the completed Project through a policy or policies other than those insuring the
Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7
for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies
shall provide this waiver of subrogation by endorsement or otherwise.
§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that
includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that
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the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior
written notice has been given to the Contractor.
§ 11.3.7 WAIVERS OF SUBROGATION
The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors,
agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described
in Article 6,ifany, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by
fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other
property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the
Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants,
separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees
of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of
other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise.
A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise
have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and
whether or not the person or entity had an insurable interest in the property damaged.
§ 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made
payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of
insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for
validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner.
§ 11.3.9 The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in
accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method
of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other
special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged
property shall be performed bythe Contractor atter notification of a Change in the Work in accordance with Article 7.
§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in
interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such
objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of
binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of
binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over
distribution of insurance proceeds, in accordance with the directions of the arbitrators.
§ 11.4 PERFORMANCE BOND AND PAYMENT BOND
§ 11.4.1 The Owner shall have the right to require the Contractor tofiunishbonds covering faithfidperformance ofthe
Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required
in the Contract Documents oil the date of execution of the Contract.
§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of
obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a
copy to be fiunished.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
§ 12.1 UNCOVERING OF WORK
§ 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically
expressed in the Contract Documents, it must, ifrequested 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.
§ 12.1.2Ifa portion of the Work has been covered that the Architect has not specifically requested to examine prior to
its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate
Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs
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and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a
separate contractor in which event the Owner shall be responsible for payment of such costs.
§ 12.2 CORRECTION OF WORK
§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the
Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,
installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of
uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby,
shall be at the Contractor's expense.
§ 12,2.1.1 h1 accordance with the project Architect, the Construction Manager shall develop and implement
procedures for orderly completion of punct list items, checkout of utilities, operational systems and equipment and
initial start-up and testing. Preparation and delivery to the Owner ofwarranties, as built drawings, maintenance
manuals, and the like, and generally administer closeout of the Project. The Construction Manager shall facilitate
performance of all warranty obligations; resolution of all claims, and other post -construction requirements.
§ 12.2.2 AFTER SUBSTANTIAL COMPLETION
§ 12.2.2.1 In addition to the Contractor's obligations tinder Section 3.5, if, within two years after the date of
Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties
established tinder Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,
any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor
shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given
the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of
the condition. During the two-year period for correction of Work, if the Owner fails to notify the Contractor and give
the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the
Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a
reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in
accordance with Section 2.4.
§ 12.2.2.2 The two-year period for correction of Work shall be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the actual
completion of that portion of the Work.
§ 12.2.2.3 The two-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Section 12.2.
§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors caused by the Contractor's connection or removal of Work
that is not in accordance with the requirements of the Contract Documents.
§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
other obligations the Contractor has tinder the Contract Documents. Establishment of the two-year period for
correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the
Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be
sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's
liability with respect to the Contractor's obligations other than specifically to correct the Work.
§ 12.3 ACCEPTANCE OF NONCONFORMING WORK
If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
AIA Document A20V--2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958,196 1 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Inst. Ins6lule of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33
reproduction or distribution of this Al a Document, or any portion of it, may result In severe civil and criminal penatlies, and will be prosecuted to the
maximum extent possible under the law. This documentwas produced byAlA software at 15:03:46 on 07/1312016 under Order No.9725696861_1which expires
on 0122/2017, and is not for resale.
User Notes: (1515335768)
ARTICLE 13 MISCELLANEOUS PROVISIONS
§ 13.1 GOVERNING LAW
The Contract shall be governed by the law of the State of Idaho.
§ 13.2 SUCCESSORS AND ASSIGNS
§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal
representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in
Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other.
If either party attempts to make such an assigmnent without such consent, that party shall nevertheless remain legally
responsible for all obligations under the Contract.
§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The
Contractor shall execute all consents reasonably required to facilitate such assignment.
§ 13.3 WRITTEN NOTICE
Written notice shall be deemed to have been duty served on the appropriate Owner's, Construction Manager's or
Architect's Designated Representative if delivered in person or if sent by registered or certified mail„ or by email to
the last business address known to the party giving notice.
§ 13.4 RIGHTS AND REMEDIES
§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by
law.
§ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing.
§ 13.5 TESTS AND INSPECTIONS
§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract
Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public
authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public
authority.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made
so that the Architect may be present for such procedures. The Owner shall bear all related costs of (1) tests, inspections
or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests,
inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating
their cost to the Contractor.
§ 13.5.2 If the Architect, Owner or public authorities havingjurisdiction determine that portions of the Work require
additional testing, inspection or approval not included tinder Section 13.5.1, the Architect will, upon written
authorization from the Onmer, 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 ofwhen and
where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except
as provided in Section 13.5.3, shall be at the Owner's expense.
§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the
portions ofthe 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 steal I
be at the Contractor's expense.
§ 13.5.4 Required certificates of testing, inspection or approval shall, Unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly delivered to the Architect.
§ 13.5.5Ifthe Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, at the normal place of testing.
AIA Document A2011" — 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: Thus AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 34
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 possIlife under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires
on 01/22/2017, and is not for resale.
User Notes: (1515335768)
§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.
§ 13.6 INTEREST
Intentionally Deleted.
1133 TIME LIMITS ON CLAIMS
The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of
warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of
the final dispute resolution method selected in the Agreement within the time period specified by applicable law of the
State of Idaho, but in any case not more than six (6) years after the date of Substantial Completion of the Work. The
Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
§ 14.1 TERMINATION BY THE CONTRACTOR
§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through
no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other
persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the
following reasons:
.1 Issuance of an order of court or other public authority having jurisdiction that requires all Work to be
stopped;
.2 An act of government, such as a declaration of national emergency that requires all Work to be stopped;
.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the
reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made
payment on a Certificate for Payment within forty-five (45) days of the time stated in the Contract
Documents; or
.4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable
evidence as required by Section 2.2.1.
§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under
direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the
Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days
scheduled for completion, or 120 days in any 365 -day period, whichever is less.
§ 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days'
written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work
executed, and for materials and equipment partially or fully, fabricated or procured, whether delivered to Project site
j or not, including reasonable Overhead and Profit and costs incurred by reason of such termination.
§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with
the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional
days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in
Section 14.1.3.
§ 14.1.5 SUSPENSION BY THE CONTRACTOR FOR CAUSE
If one of the reasons described in Section 14.1 exists, the Contactor, in addition to and without waiving its rights to
terminate the Contract under Section 14.1, upon seven (7) additional days' written notice to the Owner, and if the
Owner fails to cure or reasonably commence to cure such reason within the seven-day period, may suspend
performance of all or a portion of the Work. After such suspension, the Contractor shall resume such Work upon
receipt of payment of all amounts previously due, with interest, plus equitable adjustments of the Contract Sun and
Contract Time to the extent the Contractor was adversely impacted by such suspension, including but not limited to
renlobilizations costs.
AIA Document A201 n-- 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 A] A' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 35
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe c I A I and criminal penalties, and will be prosecuted to the
( maximum extent possible under the law. This document was produced by AIA software at 15:03:46on 0 7/1 312 01 6 under Order No.9725696861_1 which expires
on 0172212017, and is not for resale.
User Notes: (1515335768)
CONTRACT CHECKLIST
Date:REQUESTING DEPARTMENT
Project Name:
Project Manager:Contract Amount:
Contractor/Consultant/Design Engineer:
Is this a change order?Yes No Change Order No.
Fund:Budget Available (Purchasing attach report):
Department Yes No Construction
GL Account FY Budget:Task Order
Project Number:Enhancement:Yes No Professional Service
Equipment
Will the project cross fiscal years?Yes No Grant
Grant #:Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed)www.sam.gov Print and attach
Master Agreement Category
(Bid Results Attached)Yes No (Ratings Attached)Yes No Date MSA Roster Approved:
Typical Award Yes No
If no please state circumstances and conclusion:
Date Award Posted: 7 day protest period ends:
PW License Expiration Date:Corporation Status
Insurance Certificates Received (Date):Expiration Date: Rating:
Payment and Performance Bonds Received (Date):Rating:
Builders Risk Ins. Req'd:Yes No
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected 1 Performance on past projects
Check all that apply Quality of work On Budget
On Time Accuracy of Construction Est
2 Qualified Personnel
3 Availability of personnel
4 Local of personnel
Description of negotiation process and fee evaluation:
Date Submitted to Clerk for Agenda:By:
Purchase Order No.:Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
N/A N/A N/A N/A
Goodstanding105928/31/2017
I. PROJECT INFORMATION
N/A
16
9/21/2016 PARKS
BAINBRIDGE PARK - CM SERVICES
V. BASIS OF AWARD
N/A N/A
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
September 22, 2016
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
VII. TASK ORDER SELECTION (Project Manager to Complete)
Bonds will be required prior to the GMP Amendment
Award based on Low Bid Highest Ranked Vendor Selected
$17,350Mike Barton
If yes, has policy been purchased?
The Russell Corporation
III. Contract TypeII. BUDGET INFORMATION (Project Manager to Complete)
7
5200
96925
10518.b
TASK ORDER
12B
RFP / RFQBID
eTRAKiT
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Page 1 of 1
Public Works Search i� Search Again Download Results Printable View
Company Name License Number Work Categoryisi License Type I License Class I Status I Applicant Name
Leonard W. Butler III 1 010592 1 1 CONST MGR I ACTIVE I Leonard W. Butler III
2
Page: 1 of 1 Next Last
i
The Division of Building Safety makes every effort to produce and publish the most current and accurate in format on possible No warranties expressed or implied are prov-ded for the data herein, its use.. or
its interpretation Utilization of th s webs to indicates understanding and acceptance of this statement
t-800-955-3044, 1090 E Watertower St. Su to 150 Meriden 10 93642
HOME CONTACT
httrnc•1!xxrPh rlhc Mnilhn nnx fatralrit2 (`netnm/Trlahn PtihlirWnrlrcQPnrARcltc acrtx 9/1111)(11 A
First Prev
Details - License Number:
010592
Lic Info Fees $1,400.00
Registration S:
010592
Issue:
8/11/2016
Expire:
8/31/2017
Type:
PUBLIC WORKS
Sub -Type:
CONST MGR
Status:
ACTIVE
Company: Leonard W. Butler III
Phone:
(208)323-0777
Cell:
Pager:
Fax:
(208)323-9465
Owner Name:
Page: 1 of 1 Next Last
i
The Division of Building Safety makes every effort to produce and publish the most current and accurate in format on possible No warranties expressed or implied are prov-ded for the data herein, its use.. or
its interpretation Utilization of th s webs to indicates understanding and acceptance of this statement
t-800-955-3044, 1090 E Watertower St. Su to 150 Meriden 10 93642
HOME CONTACT
httrnc•1!xxrPh rlhc Mnilhn nnx fatralrit2 (`netnm/Trlahn PtihlirWnrlrcQPnrARcltc acrtx 9/1111)(11 A
IDSOS Viewing Business Entity
Page 1 of 2
SFS IDAHO SECRETARY OF STATE
Viewing Business Entity
9 Y
9r4� Lawerence Denney, Secretary of State
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[ Get a certificate of existence for RUSSELL CORPORATION (THE)
[ Monitor RUSSELL CORPORATION THE business filings ]
RUSSELL CORPORATION (THE)
1940 S BONITO WAY #150
MERIDIAN, ID 83642
Type of Business: CORPORATION, GENERAL BUSINESS
Status: GOODSTANDING 01 Aug 1983
State of Origin: NEVADA
Date of 01 Aug 1983
Origination/Authorization:
Current Registered Agent: NEAL H RUSSELL
1940 S BONITO WAY
MERIDIAN, ID 83642
Organizational ID / Filing C73509
Number:
Number of Authorized Stock
Shares:
Date of Last Annual Report: 20 Jun 2016
Annual Report Due: Aug 2017
Original Filing:
Filed 01 Aug 1983 CERTIFICATE
OF AUTHORITY
Annual Reports:
Report for year 2016 ANNUAL REPORT
Report for year 2015 ANNUAL REPORT
Report for year 2014 ANNUAL REPORT
Report for year 2013 ANNUAL REPORT
Report for year 2012 ANNUAL REPORT
Report for year 2011 ANNUAL REPORT
Report for year 2010 ANNUAL REPORT
Report for year 2009 ANNUAL REPORT
Report for year 2008 ANNUAL REPORT
Report for year 2007 UNDELIVERABLE
Report for year 2007 ANNUAL REPORT
Report for year 2006
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9/22/2016
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In
Report
5200 - Parke - Admin
07 - Impact Fund
From 10/1/2015 Through 9/30/2016
Date: 9/22/16 01:42:19 PM Pager 1.
Percent of
Budget with
Current Year
Budget
Budget
Amendments
Actual
Remaining
Remaining
Capital Outlay
96925
William Watson Park
construction
0000
NON -DEPARTMENTAL
0.00
34.56
(34.56)
0.00%
10102
Bainbridge Property
0.00
37,295.52
(37,295.52)
0.00%
10517
William Watson Park
580,010.04
0.00
580,010.04
100.00%
Development
10517.a
William Watson -
80,960.00
80,960.00
0.00
0.00%
Bainbridge Park Design
Total Capital Outlay
660,970.04
118,290.08
542,679.96
82.10%
TOTAL EXPENDITURES
660,970.04
118,290.08
542,679.96
82.10
Date: 9/22/16 01:42:19 PM Pager 1.