The URL can be used to link to this page

Home My WebLink AboutContract with Owyhee Const. for Broadway Ave. Improvements City of Meridian Public Works Dept. RECEIVED NOV 3 0 2006 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ;I:JC CC: File, Len Grady Date: November 30, 2006 Re: Proposed Agenda Item for December 5 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 5 City Council agenda, under Consent Agenda, for Council's consideration: Contract with Owyhee Construction for Broadway Avenue Water and Sewer Improvements Two bids were received for this contract. Owyhee Construction was the low bidder at $817,576.50. The Engineer's estimate was $807,714. Recommended Council Action: The Public Works Department recommends that City Council approves a contract with Owyhee Construction for construction of Broadway Avenue Water and Sewer Improvements at a cost of $817,576.50 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. . Page 1 - . .- .- . .- II: II III III II II III III III III. III' III I( II BID SCHEDULE OF ITEMS AND PRICES The following is the Bid Schedule for the Broadway Avenue Water and Sewer Improvements The award will be based on the lowest Total Bid subject to the requirements of Paragraph 14 of the Information For Bidders. The unit price for each bid item shall be written in figures and words in the spaces pruvided. The total bid price shall be written in figures in the spaces provided. BIDDER acknowledges receipt of the following ADDENDA: Addendum No. Addendum No. Addendum No. Addendum No. II/eloc.4'I ~ Dated: Dated: Dated: Dated: Initials: Initials: Initials: Initials: NOTE: BIDS shall include sales tax and other applicable taxes and fees. Quantities shown are estimated and may vary during construction. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum. Item No. Estimated Unit Item Description Unit Bid Item Quantity (With Unit Price Written in Words) Price Total Bid 307.4.1.G.1.a 5,629' SY TYPE"P" SURFACE <60 RESTORATION - TEMPORARY ~~ SO ---- 03. t.tlS f\\Mi- Jo\~." 0..,.., J. C.~tu c...J.s ~ Dollars 307.4.1.G.1.b 5,629 SY TYPE"P" SURFACE c;,o RESTORATION - PERMANENT 3'1- 50 ~'.f'k. do~ \.AI1~ Ct~ 21l,081 - Y-JW""I Q .Q :ClL I' "V'o.!.-S Dollars 401.4.1.A.1.a 107 LF 6" PVC, AWWA C900, CLASS 150, DR 18, WATER MAIN ~ --- 37-.10 .\..;l~l"L- ?:P 0 Dollars 401.4.1.A.1.b 324 LF 8"PVC, AWWA C900, CLASS 150, DR 18, WATER MAIN - - ~t.- \o.~8 .u.. '.. ... L.... ~D c: Dollars -- . -- - --- - 401.4.1.A.1.c 2,043 LF 10" PVC, AWWA C900, CLASS 150, DR 18, WATER MAIN ~ - -- r\.D~ D\~ 5~ \ll.~tg~ ~ Dollars BID DOCUMENTS BO-9 I I I Ii ,: I': I' I '__ I I I I II, II' I I, Ii I! - It: Item No. Estimated Unit Item Description . Unit Bid Item Quantity (With Unit Price Written in Words) Price Total Bid 402.4.1.A 1.a 6 EA 6" GATE VALVE - - S<JCV1 \-.J ",QrJ- f~~ ,SV L{ sea Dollars 402.4.1.A 1.b 4 EA 8" GATE VALVE - - ()() e... ~SoInJ.. I coD .1..\.000 Dollars 402.4.1.A.1.c 7 EA 10" GATE VALVE - \?oo - \OSOO on.e... ~DU~k Ct~ h,,~reJl Dollars 403.4.1.A.1. 3 EA NEW FIR\:: HYDRANT ASSEMBLY - _.1Jh/'<<. ~oc)~vJL Q~.J.L - \ 0 ,"=,00 3 S:OD n. ",,&rr& Dollars 501.4.1.B.1.a 542 LF 8" pve, ASTM D3034, SDR 35, SANIT ARY SFWER PIPE - " . <{\~~~ 'SO k\~,3\d)- " d Dollars 501.4.1.B.1.b 2,026 LF 18" pve, ASTM F679, SDR 35, SANITARY SEWER PIPE t1l'\.L h-.....~ - ~ I (p~C;- O"II\~ \ 0 \ Dollars 502.4.1.A.1. 7 EA 48" STANDARD SEWER MANHOLE, TYPE A - --- .c,~ ~~nJ2. .kuo h..,~- 52.SD ~la ,1~O A",d r.Ck.. Dollars tS 502.4.1.F.1. 1 EA CONNECT PIPE TO EXISTING MANHOLE - .-- ~~t' ~.J~ck -L.j roo l..\tDQ) Dollars BID DOCUMENTS BD-10 II: . . .' .: Item No. Estimated Unit Item Description Unit Bid Item Quantity (With Unit Price Written in Words) Price Total Bid 706.4.1.G.1. 89 SY CONCRETE REPAIR s\ (<~ ~.>r - S loq \0 .-- LP~ Dollars SP-1 7 EA CONNECT EXISTING WATER SERVICE TO NEW WATER MAIN - ....- ";;;t.ueV' ~,^&r-~ C..~_ 1SD o 2stJ c. Dollars SP-2 25 EA INSTALL NEW WATER SERVICE LINE - - ~ 1 {OfiD l.1Y\c.. ~~ h...~&-JI 1, \00 07"\L Dollars SP-3a 1 EA ABANDON EXISTING WATER MAIN - BROADWAY AVENUE - - 175""0 ~e... \1...o~JL ~,JC.r\. h." .,kt..o \ t "5'0 c.~ C k.. Dollars '" SP-3b 1 EA ABANDON EXISTING WATER -. - MAIN - 2ND STREET - ....- 1,50 .- o~ 4o,",-.-J. - ~\J~ ~..."'~~ ,,<SO e. ~CL.._ Dollars 0 c--- -- ---- SP-4 349 SF REMOVE AND REPLACE EXISTING BRICK PAVERS ?O SoP .n.to "- ~il... S- I'\\~ Je, \ l",^" ~ ~ .Cr.c~ CA. ...L <; , Dollar SP-5 1 EA CONNECT EXISTING FIRE SERVICE LINE TO NEW WATER --- MAIN - \ "'S(!)o \.:::,00 c::n"'e...... ~~~ C.........~ 'h. .... .I Dollars SP-6 2 EA HOT TAP EXISTING WATER MAIN - - ~~~ >~O ~~ro JA.: - ~,,~ AN-, J.- Dollars BID DOCUMENTS BD-11 I I I I: I, IJ I: ~~~- Item No. Estimated Unit Item Description Unit Bid Item Quantity (With Unit Price Written in Words) Price Total Bid . SP-7 434 SF LAWN SOD RESTORATION Ll rU- Jol t-..., .c:~ -so - AM..nt :>- IS\ct (.....,~ Dollars SP-8 1 EA CONNECT EXISTING SEWER SERVICE TO SEWER MAIN 1t1,?D ~ \ '-\~ ~ 07'\t.... ~v~ .C:.-r- \..... I'\A(\~J... e..:-eG,.,. Dollars or .-- SP-9 1 EA RECONSTRUCT EXISTING SEWER ,j SERVICE - \"100 - ~ L .Yno"!!JQIVIJ.. 1100 ~ h.......c:l.rc.J Dollars SP-10 1 LS TRAFFIC CONTROL - .-- V\ ~ I\.Jun ~..~~J \ "\ roo Iqa>f) Dollars SP-11 1 LS STORM WATER MANAGEMENT '" - ..-- ~ ~D"'~...c9 ~o ?:> .?/!X) ::/200 '^ ; r../\ JJ. rui Dollars SP-12 1 LS NIGHTTIME WORK - r-- ll.~ 1'1.... .\Jh&.)~J. '3:0 ooD :p ,000 I ... Dollars TOTAL OF BID $ ?t:> %ll Sllo - I The Bidder understands that quantities listed are approximate and the Owner reserves the right to increase or decrease individual items as may be, in its sole judgment, to its best interest depending upon conditions encountered or observed during the execution of the work. BID DOCUMENTS BD-12 By: OWj~ (1u<",.1""2..K..'\.ot...l I.j..j(.._ Name of Company lDl::$'CY"\.'\" K.. M.t.c,. \.., /;Z..'C: Name (printed or typed) l.o~ W.C4o.NAlJ R...Ai:::> Address y~cs \:J>IE.~"'\ Title (printed or typed) 12CB- -l~~ ;cwr/.AAJ/ '/~3 License Number llU1lo(g Date Seal (If Bid is by a C9rporation) , I I , I I I I Ii, :I! If I.' I: Attest (for bids by corporations.): By: (U~- ;t~JM-/ . Signature (by Corporate or Assistant Corporate Secretary) Date: ----.ll\"l.'z,.lOl.c> Name: AU"':7A ~E. ,(Typed or printed) Title: A4?(t;:.T~ "3~c.~ Firm: ,Ow'JV\~~ Cbu~,..r~uv'rW.u TN'-. Business Address: (Pt.l3.L{ \N. CovJA,/J iZ PI"t"l> ~E .Jh. - , Telephone Number: bt:8) 'bi~ "''2'2.1.\0 Fax: (kf,) '31~' 03,ZL\ Public Works License Number: I OSO'i ~ AAA "\1.~ Contracto(s representative to contact regarding this bid: ;J'/'t-rr: ~\l..-t..J~).l BID DOCUMENTS B D-1 3 I r r t STANDARD FORM OF AGREEMENT BETWEEN OWNER-AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 200 . by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and - (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth , agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: Construction of approximately 107 LF of 6"0 PVC water main, 324 LF of 8"0 PVC water main, 2,043 LF of 10"0 PVC water main, 542 LF of 8"0 PVC sanitary sewer main, 2,026 LF of 18"0 PVC sanitary sewer main, miscellaneous valves, fittings, appurtenances, and surface restoration. This work is intended to improve the water distribution system - including providing adequate fire suppression conditions, and sewer collection system to enable redevelopment of the downtown Meridian area. The Project for which the Work under the Contract Documents is described as follows: Broadway Avenue Water and Sewer Improvements Article 2. ENGINEER The Project has been designed by Civil Survey Consultants, Inc_ who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within sixty (60) days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. . STANDARD FORMS SF-1 11 ,- . .- ~, II II II I,' I i II II II I I: -, I' I I, I I 3.2. Uquic.ialed Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the ContraGt Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'~ A~plications for Payment as recommended by ENGINEER, on or about the 251 day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in paragraph 4.1 anq in the case of Unit Price Work, based on the number of units completed. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case,less the aggregate of payments previously made and less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with paragraph' 14.7 of the General Conditions. · 100% of work completed, less percentage of retainage indicated in the Supplemental Conditions. · 100% of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total. payments to CONTRACTOR t01 00% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay STANDARD FORMS SF-2 III III II, II . iii II II . II, III~ the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST., -. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost. progress, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in Article 4 of the Supplemental Conditions of the extent of the technical data contained in such drawings upon which - CONTRACTOR is entitled to reply. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to suppiement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Price, within the ContraCt Time and in accordance with . the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. STANDARD FORMS SF-3 II II II II -- II II II' , :, . III III "II . II 11I1 . II II' II: 7.5. CONTRACTOR has correlated the results of all such observations examinations , , , investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to- CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State ,of Idaho Tax Reporting Requirements ,8.8 Supplemental General Conditions. 8.9 Special Provisions. 8.10 Drawings. 8.11 Appendix. 8.12 Invitation To Bid. 8.13 Information for Bidders. 8.14 Addenda. 8.15 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.17 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendmentsand other documents amending, modifying, or supplementing the Contract Documents pursuant to Articles 11 and 12 of the General Conditions. STANDARD FORMS SFA iii II II j -, iI II II . . II . II III .; . II .' .\ 8.18 The documents listed in paragraph 8.2. above are attached to this Agreement (except as expressly noted otherwise above). There are nO Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Articles 11 and 12 of the General Conditions. Article 9. MISCEllANEOUS. 9; 1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifical.ly but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any dLity or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. STANDARD FORMS SF-5 II . . . III' . II II .-' : ' . I II: II II . II .; . II II --' Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Owner CITY OF MERIDIAN By: Name: Tammv de Weerd, Mayor Approved by City Council: [CORPORATE SEAL] ,200 Contractor By: * Name: [CORPORATE SEAL] AttestAttest William G. Berg, Jr. City Clerk Address for giving notices Address for giving notices 33 East Idaho Ave. Meridian, 10 83642 Public Works License No. * (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) STANDARD FORMS SF-6 City of Meridian Purchasing Dept. Memo RECEIVED FEB i 6 2007 To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent 00: Brad Watson, P.E. City of Meridian City Clerk Office Date: 2/15107 Re: February 20 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 20 City Council Consent Agenda for Council's consideration. Aooroval of Award of the 22 construction bid oackaaes for the new Water Department Administration Buildina.. The bid packages were developed by Kreizenbeck with input from myself and the City's legal staff. Each bid package will be contracted using a modified AlA Agreement put together by Ted Baird. Recommended Council Action: Approve award of the 22 Bid Packages with a Not~ To..Exceed amount of $1,523,233.00, and authorize the Mayor to sign the modified AlA Agreements and City Clerk to attest. Thank you for your consideration. . page 1 0 0 N ..... 0 0 N gS ~ IG ::::J ... .a Cl) u. w :E i= ~ w t- ~ c U w ~ ;:) c I- UJ In <C C - In Cl l: ~ ::::J m l: E ~ ... Cl) - IG 3: ... .e g! .... o o I ..... o I 0::: ~ it:: w m :i ;:) z c as l: o ~ ::::J ... - Ul l: o (J w ~ z c as 0000 00 0 0000 00 00 0 0 000 0 0 0 0000 ~~ ~ 0000 00 00 ~ ~ 000 0 0 0 Il'ic:ic:ill'i oooc:ic:i~c:i "":c:i c:iq:j ..........c:ic:ic:i c:i -:t M ......... CD 0 OOCOIt)It) It) ....It) 'ltm .....0000 0 N M C .....NNIt)OON.....m.....M MCOCDCD.....MIt)OOIt)CO N N.n"':"':oai' (f')'..,f'.nN"': gSfli..,f'(f')'gS"':gSfli"':N(f')' M as N'lt..... ''It.....O.........N It)N CDtB-m................CDCD......... N NtB-tB-tB-........tB-tB-tB-tB-tB- tB- tB-tB-tB-tB-tB-tB-tB-........ lit ~ tB- tB- tB- tB- tB- .... tB- 0 t- l: o .. .!! "Q. E o (J N N I .... lB IG .:.:: u IG 11. t- ...I <[ I- 88 ~ gg~~~~~~~MN....~ U)MZZZZZZZ Z N......." .... -.:tN '<t YHh ~ c in w ~ m 8.0000008800000 .00000 ~ci61li88ci6cio)ci N::g ~ 5S o.o.~ ~ ~ b; ~ 0,...:.......-....... 0 en ri..,fLt:l ri........ CO...........'<t.......O~.......NcnN Z;(;R-(;R-(;R-Z;Z;EA-EA-~EA-(;R- w ~ ~ 01 C .~ ~ D.. Q) ..... E tij 2 .s::: III fE~ <( '" 0/1 .9 '" '" Q) Q) ~ .c s!f C i~ en c3 ~ ~ E '" Q) :ll i C 2 en :8 I- a ~-g~ 16 w~ ~ ~ 0/1 i 0/12 001'" 01 III 15 c(3 c <:> (J 'E '0. 0/1 'C:!ii ~.~~~~~ffi "o(J(J5lQj"8~ ~~8~m~~ ~;~i~fEi c c ~ .2 o t5 .- rn::::J ~ ~ =~.b 00 o 't:l ~ Ul "'ij) g .;,,! .;:: .;:: Eel: c: ..", Q) l: ... Q) Q) Q) rn Q) 0 i:. _ .- 0 )( )( Cl....JLL(j5U>El:ww E ~ c: l: Ul .~ ~ = Q) Q) U =' ._ rn .9 rn rn u. ::aE "5 "5 ~ l: ~ :g E ::aE 'E ...I .~ "'5 (5 IOJC...O....J='o(l(ij(l')Ul ~~J3~~~~rr:~~~ 0::: o Q z w > ~~~~~~~~~~~ ZZZZZZZZZZZ 00000000000 ~~~~~oooo~~ ~ occ.......r--:ci66o'<t ~15'<t0l.......00005S~ MCOCCCC.......MLt:lOO . " a:S ...,frico-"":a:S<6,...:N M cccccn~~~~cccc~""'" ~(;R-(;R-(;R-(;R-(;R-(;R-(;R-(;R-Z;Z; ~ ~ "E '" I 0/1 ~ E ~ 0Iu. .E l!! o 0 o 0 0::: Cl o ~ ~~ 0/1 '" Q) (J C ~ 0: w "0 Q) E ~ u. E ;;:I C '" 'E 0: ;;:I.g <( Q) "I l5 ~U5 '" .!!1 :c E 01 ~ ~ c: g '" 'is Cl <( 0 ~ ~ ~ ~ ~ ~ 0> 9 ..!!1 ~ ..... i=: 0::: Cii 0/1 (J 0/1 5 tij 'E OJ 'B~~fij Jl Cl () () '" ~ '" co ~~~~ C .Q '" 13 Q) 2 :? ~ e 'E .~ ~ -tij Co.: D.. en LL. ..... co en ~%l; Ul OJ C '" E 2 g!, en :? Cii :c (J EOn ;;:I :; Q) ii: I [jJ o ~ "I ~~~ ... Ul g Q) Ul 111 Ul Cl .-... 0 rn I-go ~ (j) a "E l') ~Ul u::: (ij ~ c Q) o .c c ;>o~ <t 't::: o1S ~ ro 0 a....!!l. Ul .c :> ~ Q)'- u. u..o t:: o(l~U>~...rolJJ>:2oo O(jQ.LL(9ZU>t-a:::::cz Ul Q) (ij U> U 'C t5 Q) [jJ tJ) w ~ Z 0::: w t- ...I <( C W C Z w :i :i o u W 0::: ::.:: u w m z w N jjj 0::: ::.:: :J: t- ~ =i. t- o t- I- ~ I- CIJ lD <( o m []Ii , C) c ~ .~ D- o .. 1Y>- ii J::, WI- c. :2:J ~ u..- 00 " Lf c ~zo IG en OO~ G) 'e/) :e en-O :;; ~>- :J o::oz i OIY<C ~wo 0 o~o:: j -~w ffi :2 US ~z c..:;!; or- u..O ci 00:: Z Zw G) 0:2 c::n e/) ca ~ > g 0 0. " iii , " , , .... , " " CD ;, j " ,In ,. ; '. ...... .<<e .:' ~.:' .,c'-;.;' ;. :i:i <e ;~ 0 0 0 0 c:i c:i 0 0 It) 0 N t;:; ..... ~ ~ '" 0 0 0 0 ~ c:i 0 N 0 0 co ~ .., N ~ ~ " p - >< >< , '" S'I:JM qlicJ. >< >< - >< >< ,.:~N~~I >< >< .. ., " <: 0 :e g lil ., c ~ m ... l- t) ~ 10- CI) 00 ex: o CO [II .. Z l: <( C1l E 0 ~ 0:::> WI- ~ :::E::::i LL- CIl OU 0 ~ 1;; ~Zo CD .CI UOI ~ 'en<( en-c c ~~- 0 O:::CZ E 00:::<( '0 ~WCl E u~o: CD c ::::i~W IIlz:::E N ~<( 0 LLCl Z 00:: CD CJ) ZW ca 0:2 .:I: U en ca > D. "D C iii --,~- ,. -' :u. IC~ .,". .,. \.' ... :; ".., .:::..,.... ',.: ;""'..':-".': ,,'::;;:;:;'., , 'on )- ~ <( : : .... ::I:l .< ",,' , '~i <:> <:> <:> <:> <:> <:> ci ci g <:> co 01 .., CO '" ,.: '" I'j C'l .... ... ..,. ... <:> 0 0:> <:> <:> <:> ci ci ...; - <:> In r:: .., CO rD ~ .., .., II> .... ... , . .' ',".PPV C""",,,,,,,, ,,';""h ,,,,,, 1& ' <'.', ._, ' " '" Bit >< >< >< .' 1 <:/'.; \< ,., ~ 'SitJM rid )( >< >< '.'1 >< >< )( >< >< )( <:: ~ 0 ;!;; " E E 0; ., ~ 0 J j € ~ I- o ~ .... en co <( Cl iXi [W, E ~ i 0 tn 0::>- c WI- 0 ~::i i u.- C) o~ ';: .!::: ~~o "0 c uO:t: IG 'en<( C) en-a c ~>- 'is. O::Oz It 00::<( u ~Wo -! o~o:: c -~w ~ lE :2 ::>2 M 0..< 0 u...0 Z 00:: 41 ZW C) 0::2 It .lll: en u > It 11. C " ai .: .- .,.", ,"-.. ,,::it . .....:: .. .. . : 1.1.:." ...................>:~ ... .:. .. .. : ~. :.~ '~F~ ,L.~~ ~,;; il ~;( ".... '"!:! .c : . .. : I N :'1: : \ c c c 0 c::i c::i le c '" ,..: ~ .... : ,. ~ ~ .. ~PPV ..B;. x x ...SlI,IM q"d x x .?"litI:I1~ puog "'" x U .~ x x ! ~ .., C II> 3 c "' 3 c ... ~ OJ OJ c .9 ::l UJ 11. l- t) ~ l- e/) en <( o II) [W z .:! Cl ffi~ :E.J u..- o~ ~~o oO:c 'en.:! en-a ~>- n::az 0n::<C ~WCl O~1Y :J~W CD :E ~~ u..Cl 00:: zW 0::2 en ~ Cl III ~ <:> "D c IG C) C '0 C Ql LL . . . . ': .":"."'. <.: :....>:.c:,: ':i:'" .:!.,<::,,~ ,'::>:':'i) I....'. .;.n ".... :"'i I:.:.: :" " :', ,:<;::+ . 'H , ,": ,;" -. .. : it! '" ::: ,,' , .. , ." .; -- .. '" '" 0 0 0 0 8 ~ ~ 10 ..... ..... ~ g 18 , ... ... ... ~ : >< >< >< >< >< >< >< >< >< , I >< >< >< ,.j .. 8 <= ~ 8 ~ ~ <= If .. If :a :5 j S -;;: (Il -i. 'lit ci Z Ql C) ~ U IG D. " in I- ~ I- en aJ ct: o aJl [WI z <( o ct:>- W~ :1E:::::i u.- O~ >-u. t-ZO UO:::c 'rJ')<( rJ')-O ~ >-. O::OZ 00:::< SWO U!;tir ...JSW CD ::2: I :J <(Z 0._ U.O 00:: ZW 'Q::E rJ') :> o S ! u c: o (.) '" :OJ .~ ..... " .Ift ~ .t~; e :~~ . '.' .~. .... ~ " - ., :4. ~:: ~ '" ; " C C c c ci ci c ~ c ~ ::g .... 0It 0It )l I >< >< --~ >< >< .~ ~ ... >< (.) ij~ >< >< !Rl l: 0 '" <> ~ c: 0 (.) l: c: 5! .!!! 8 i ~ :I: &n o z j f;} Q. 'C ra t; ~ I- en m <( o OJ ~-i z <( a ffi~ :2:::J u.- o~ ~~o uO:J: '(1)<( (1)-0 ~>- ((02 00:::<( ~w15 u!;:(o::: -:>W @:>:2: :JZ a.~ u.O 00::: zw 0::2 (I) > o ,. ~ c::: o en CllI :E .. .UI ..';"; 0( .' . '. .. ...~ ....= C( . t-~f~" ;'{~~~( .., :l:! < ., , .:>" .' 0 0 0 0 0 0 .' g C> <0 ... m ,.... C> .... .... .... "(i "" "" ~t. II ~py ~E >< >< ~ >< >< >< , I >< >< ~ g 0 '" .. ...J :iE ~ ...J ... ~ I- CD ci z CD CJ ~ o IG 11. 't:I iii I- ~ I- 00 CO <( Q CO ~, ~ a ~>- WI- :E:J LL- OU ~ ~zo UO::c 'enc:( en-a ~>- o.::Oz 00:::<( ~Wo ut,(o::: :J:>W m;:>~ ::>z a..<C LLO o~ ZW 0:2 Ci5 > a :... .' I .<'~ ..<<,<;;t".'}."~: . . , It) ...~ ., d c( \{~'\\ C rill f'J 2 "'. u ! c g g N '" .... Ifl II >< >< , E ., >< d' IE >< ~ c: E '. f<: I 5 ~ w " CIS c:: o i u 'j: .a CIS u. Cii m ,... ci z CD en .= u CIS a.. " iD I- U ~ I- en lD <( o co CW. z ~ o 0:::>- WI- :E:J u.- O~ >-u.. I-ZO UO::r: '00<( (/)-0 ~>- 0:::02" 00:::<( $:wCi u~o:: ->w ffi>~ ::>z a.<( u..C o~ ZW 0:2 (/J :;: C III Cl) III III ~ ... I- "0 o o 3: "0 J: ftl OJ J: "E l! I.L "0 8 3: . co o z C>> en ftl ~ U ftl 11. '0 in lD ',"",~ - 11 ' , ~~~~,~ \' .~,:.tI!,.:;. ~ ,. .. ~'- .' <;' ~ ::,J: #'"' '~~~ '. J i:! C> C> C> C> C> C> ci ...; ci It) !;;: C> .... It) ..,. ci M .... C> ~ .... tft tft tft i_ x >< .. '(', ' ~- x .. .. 111 "I _, >< .. .. 'oN, H:)I .. .. .. g '0 J!l c '" :. c g g E 'E ~ l!! c IL .s c ...J ..c:: :2 - 01:1 ~ 'S D:: III I- o Ci ~ OJ <( o OJ []Il ~ 0 ~ 0:::)-- 0 WI- ~ :2:J u..- en o~ ca U )--u.. ,!! I-zo - UO~ c 'en c>> en-O " ::,:::>- "in C::::Oz '- 00:::<( :S:Wo en u~c::: 0 :J:s:W z CO :2 c>> =>z i' n.<( u..Cl .:il: u Oil: ca zw a. oS " en as > Cl ,'\' ;;, ~" '\! tD 'T~ ,~\ ': i.,:. ; .', "j":.., " " , ..,-. Ill', ':,,:.' ~ < ,~ :t:i c( ; Co) i :! , ... - .", 0 0 c:i '. ~ .0 ~ ~ X '....p= SlIJM' , X OS X B X - ~ ~ :l! .~ .le ~ :".'t',.., t.~" -, ~ I- en 00 <( o -I 00, [WI' '1 2 <C 0 ffi~ :2~ u..- Cl) O~ c >-u.. ~ 1-20 0 OO::c 0::: 'W<C c (/)-0 ~>- ..... ~OZ 0 00:::<C z S;WO c>> O~O:: Cl) ftl -:t:W .llI:: ffi :2 u ftl :JZ a.. 0..< "0 u..Q in 00::: ZW 0:2 en > 0 .1'" - < ,;: . in ... ;: :'~, .i.,~ ./ . ~, ~ i.,. .I,.J ,;'< .,; '~," <:I 5 0 <5 C! 0 0 0 .... ci N ..= '" '" '" co I N N '" '" , :! rD is .n " !:? !:2 " w w ~ w l' ,I 0 0 <:I g <:I 0 <:I en ci g 15 - ,.... ,.... en ~ V ,.... M '" 0 ~ en <:I ~ .... lR ~ on ~ >< >< >< >< .. >< >< >< >< () >< >< >< >< >< >< >< ~ i g 0 g B ~ ~ J 'C: w e ;f ~ 8 J:. c: c: j ~ ~ j ~ 0 <( :l J: I- ~ I- en CD <( o CD [WI z f < ca 0 ~ ffii:: II :2::J :E: u..- "0 00 c: ~ CIS i::ZQ en CD oOJ: E lcn< f! (/)-0 LL ~>- l! o::::OZ 00::::< 0 0 S:WO c o!;;i:o:::: . -3:W 'I"'" as :2: 'I"'" ::JZ 0 a.<C Z u.O G) 00:::: l:I) zW .= 0:::2 u CIS (/) CL > "0 0 in '" ,..I :c <:> 0 <:> <:> ci ci g <:> Il'I <:!. T'" ~ < u;I ~ <:> <:> <:> ~ ci 8l <:> .. It> ..... ,..I "l ri :0( ~ ~ '" "Q ~ ~ .... ~ < " 1+ r~~ " .- <:> <:> <:> <:> ci ai In ~ M ..... Clil "l .... ~ ~ >< >< ;::';"~:6 >< >< :~A~ ..w '" .. ~ ~ .. >< >< >< >< I:', 'i ,. :.:1 .<. jj '. a ~ rJJ I . : ~ ~ ~ fJ) co <t o i:C ~ en - s::: 0 .::: ! z .s <( tJ) Cl 'C 0::>- s::: CV WI- en :E:J Q) u...- u OU s::: it I! ~Zo .... s::: W Uo~ i 'C/J C/J-Cl E ~>- 0::02 I! 00::<( LL ~wCi E u!:{[2 ::::l c :J:r=w 's co :E ::>z ::::l c...<( <( LLO 00:: N ..... Zw ci 0:2: C/J z > & 0 cv .:.:: u cv Q.. "c::J as J~II '. <.\oii. fI'" , -." '" .~ -,.. ."" \ 'Ii 0 0 N ., ;ft. If) 0 :ti !:! 0( w M '" ~ '" ei '" w '.1~ , .. 0 <=! ... ... '" ..; <D W >< 1'-':1,.,'" IIljJM qftd >< '!,,\:0';::)!~' ) >< >< , ~ Ci <( "" .W: C ..- ~ ~ (J) aJ <( o l:D1 [W: z <C ~ 0 0 e:::>- 0 Q WI- "'g ::2::J '" u..- Cl) O~ .c ... ~~O ~ 0 (JOx 'jij l(/}<C c (1)-0 0 ~>- 1; e:::OZ Oe:::<C CI) S:WO tn c..>!;i:c:: CO) -s:W .... ffi :2 ci :JZ Z a..<C CI) u.O E Orr:: zw (J O:E '" a.. (jj "'g :> in 0 .' '. ~ .., ... .:./1) a , " .,.' ~ .- .... "'~ .. ... ~ ,...c ";+ 'I'. i,~~ 'a ,:::....-'.'. ,';il,~: +-',_, , ,. 0 0 ci .... co (0 ~ >< , iI!;"r.~p SlfAM ql1cl >< E\~ .... pulis >< ".', lilt't.1$ -. >~~rr'r '0 ~:H >< lC tIl - Gl c;; en 5 8 I u I- ~ ?- m CD <( Cl co; [)Ii , II) .91 z :c ~ E 0 Q) 0::>- en WI-- ~ :2:J iU LL- CJ au ;:; ~ en ~zo :;, 0 UOJ: ~ 'cn<C "C (I)-a :::s::>- l: O::Oz lU Ocr<C 1i S:WO ~ u!;;i:c:: -s:W c a:: ::: oo::t ::JZ o..~ 'r" LLO 0 Ocr z ZW Q) O:E m ~ (I) u > IG 0 D.. "C m .", ..; .. < 6 6 & 0 0 0 '" 0 cO co 0 "l .... ~ ~ S .oJ C ... <17 <17 0 0 s 0 0 0 0 g '" -. co "l ...t ~ ""' e? :! <17 <17 <17 ~'il1 ; c::> 0 c::> ~ co co 0 0 0 0 'w ~ ~ ~ c "i co N ~ co ~ II> .... ~ '" C> ... <17 ... Z >< >< >< z >< x x Z x x x Z , x X x Z ,~ .. J~~ "5 .i .. ;g CJ <> '.,<01 CD ~ IJ) all '" .<= I "tt." IJ) ~ ~ 1~.1' c.. I- ~ l- e/) OJ <( o OJ: [Wi z <( Q 0:::> Wt- .!! ~::::i u..- j: au 0 ~ Os ~zo I! UOI CD ,(/.)<( CJ (f.l-Q ::,::>- an 0::: Cl p '""" O~~ 0 3:wo z U~~ CD ::::i3:W CD nI aJ ~ ~ ::>z 0 a..<( nI u..o a.. O[i "C ZW iii O~ (f.l > c . '..Ji~ :c ... In '. :: .-,. '. <:[ 'Ot - < . . >it .,. '.' '~ :.,& ''')~il~ ~ ':' \('~'hli1C( :,;; 'r~;' }'~', . ''-''ilr' ,:,-'~..,,),,;, \t ': .", .", .", .", g .", c:> c:> 0 .c cO wi .0 ui ~ M CD ;! CI on CI '" d .... <0 ~ g .... .... .'" ~ ~ ~ ~ ~ ZIPpy & >( >( >( >( >( ~." qild >( >( >( >< >< >< >< >< >( >( 01 >( >< >< >< >< L ~ E <( g ~ '15 .. ~ ~ 0; i= r= .:::: j ~ U> OJ '-- :> .. :> ii ~ .:::: .~ .. ., &l ., ~ ~ ~ U> :l CD 0 i5 I- ~ I- en ID <C Cl m [II cD ...~ ., ~ i < >< >< ,:\" II':,.' i~Mgn >< >< >< >< a >< >< >< >< >< >< >< >< ..: "' ~ go t! 'C: 0 ~ 8 f 0 u: ~ ;;;;: ~ ~ .... ::J ., '" ::J .~ E .. ~ ::J .D " II fi Jg .' c rn is Z C) ~ c .C Cl 0 ffir: 0 i:i: :2~ .... c u.- .! o~ .iij >-LL CD t:ZQ a:: OO~ "0 'en c en-O IG ~~- ~ O::Oz o~< s:wo CIS o~~ CJ -s:w CD -' :E 'I"" C:Oz 0 ~<C Z u..o CD 00:: J zw O~ U nl en D. > "0 0 ii5 l- t) ~ I- CI) aJ <( o CJI' z <( 0 ffi~ :2:::J u.- I:J) o~ c :;:l ~~o c ;f uO:r: '(1,)<( , (1,)-0 ,... ~>- - a:::oz 0 00::<( z sw5 CD u~a:: I:J) -sw .= ....J ::2 :II CClZ ~<( r:L. 'a U.O iii 00:: zw 0::2 (I,) > 0 '" ~ g 0 0 0 0 c::i sj ...: "l '" ItJ .., ..,. ..,. ~ I '" IR !It 0 0 0 0 0 0 c::i II'i II'i 'Of' CO ~ VI ~ .... !It !It .... .., i :{~!1l~ ,<i.. '''IT rJ'~ . r:/: p,.)4z'~ 'r:~, ,~~;"<. I~"- /',<:~. . :It',::;, ~~'f ' t::j '. tl. ":~~: 'i: 'Ie 3ti'" '. g 0 0 0 0 ...: l8 d 0 co C'l C'l ..,. ", ~ N "l "l !It .... '" ~ ~" >< >< >< ;~,l;i;.~mt >< >< >< " "3~ >< >< >< .:Jl .' ,J1 >< >< >- WI- :2::::; LL(J 0<( ~~O OO~ 1(/)0 Cf.l>_ ~ - ~ O:::OZ 00:::$ 3:wo U!;(o:: -::oW ....J>:2 COz =><( 0._ LLO 00::: ZW O::iE 'Cf.l > Q t- t) ~ t- en III <( C ffi [Wi I I I I I I I I I I I I I I I .'" ..~ It'iI ~ . ~ ~", \: , - .> ~ - II) l>> :; ii - '0 l>> a. U) . co .... d z l>> J g u ., III ci D- o on "tI CD as T'" , .... ..I. ) >( ., >( >( . >( 1 1 1 1 1 LJ 1 1 1 1 1 1 1 ~ 1 1 1 1 < J- ~ J- en CD <( o CD [W ~ is ffi~ c: ~:J 0 LL- ~ O~ ~ )-LL I-ZO D. OO:x: ! '00< u::: OO-C1 ::s:::>- "C1Z 0) 0,,< ... ~WCl 0 o~a: z ~ :J~W c::n m ~ CD ~z ~ a. CJ U> i ..... ~ 'It = c( , .; .':' \...:, :'4) l ). , 0 C> C> 0 C> C> C 0 g 0 j.! \ C> ~ cri 0 r: <Cl .... , """ """ M 1i;;u;:rMf~ :~tIi~J~ .o,",.t:ii t !lIl )( )( )( :SllJM:~ . .. .. >< . !'!liiT" >< .. >< ~. :;',-~~~" ~t .. >< >< 'r'. Jm. i:;'i ,N' :.' <:: 0 'fi ~ e! Ii: 10 Q. III .Sl u. lD ;::: .. :c: - c r.n I- C,) Ci I- en al <( o iIi [)I z <( is ffir: ::i::J LL- O~ >-LL 1-20 aOI 'CI)<( en-a ~>- O::Oz 00::<( s;wo O!;{i:2 -:>W iif:>::2 ~~ u....0 Dc::: zw 0:2 en > o o N ci :z CD g' .lI: U Rl l1. 'C i:i5 ,. .~ ~ "C( , , , '" ,. ., :'.. ,. .. , ..iq " =! 0( '. , "'. .. i , ,'I": I ",,' , , .,,' " ,. , . '.. 0 0 g 0 0 0 0 ~ 0 $ 0 lQ lD ~ ;! .'" II> II> ... . y, >< >< >< :~ >< >< '.'/"':"\#<:'/\::'1':':' " ,~~~,::~~~ >< >< >< !y{i';o.,~ 1:101 )( >< 1l 'c j ~ :::= j r; .. .. m ::I '" , if m c 0) c :s E ::2 l1. I- () <C 0:: I- (f) ID <C 0, ID! ~j z <( o 0:::>- Wt- ~=:i u.- O~ >-u. t-ZO UOI '00<( cn-Q ~>- O:::OZ 00:::<( S:WC Ut-o::: -<(W a::s:~ i(~ u.O 00::: ZW O::E cn > o ~ "'. '" CI .. -' .. .,'~ it) :Ii: ~ .. :!:l <( . · ~:~:i: ';1 ..i t . .Jf!i; . :r':1."i)'l: : . (1~ "~ ," \ . 1 '.'.. ~ ' .^ ... . <e~f ~7 ~~. 0 0 0 0 0 0 0 0 It) '" N ~ '. .. :;:: " ut ut ZIt ppy -- .., >< >< QlJiA !lnd >< >< ill >< >< 'ON ~:>I >< >< ! '- <: 5l ...J ~ ::! , J- 'l"'" N o Z CD en ca ~ CJ IG D- og ii:i I- ~ l- f./) m <( Cl m cw: z <( o Iffi~ ::2:...J LL- O~ >-LL I-zo oar '00<( (/)-0 :::t::>- O:::Oz 00:::<( ~w5 o~o::: ffi~~ ::>2 0.<( LLO OS:: zw 0:: 00 > o Ul E S ~ en Iii ,2 ~ t$ CD jjj '" .':.~ ~I . ': -.iO l:; :i;; 'r. ., .= I': ~ ~~ .... ... ~. .. .~ 0 0 0 0 ci ci 0 If) a;l .... oot <It ~ .. 0 0 0 0 0 0 0 0 0 0 ~ td 0 ci ..= ~ ~ Ii; If) a;l ..- - .., ai 10 ~ ..- ., .... .... N ..- ..- ..- ..- M ~ ~ w ~ ~ >< >< >< >< >< . Sl(JM qlld >< >< >< >< >< II >< >< >< >< >< ,( , N >< >< >< >< > ~ c: :s ::J ~ 0 .i 0 "e Z .:il ?- m ~ c:i z CD D) J: " CG Q. 'a iii ,~;~, [P~fl~ II> AlA Document A101/CMa~ 1992 Between Owner and Contractor is a STIPULATED Sf,lM i I I !: I' I I ' fADqITfoNlr'ANb-DELETloNs'-:' ",,' ITh~ author of this document rha~ added information :pe~ded for its completion. The author may also have iie-iJised the text of the !,ori,ginal A~"'^,S' andard form. An,Addition a'd Deletions [Report that noles added ,in~ormation as well as ~revisions t t e standard ,form,..teltl.-.", -' a '~"fr,01\f Ithe author and should be ; '-Yeviewe'(f:""" Standard Form of Agreement where the basis of payment AGREEMENT made as of the _ day of_ in the year of (In words, indicate day, month and year) BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) For the following Project: (Include detailed description of Project, location, address and scope.) The Construction Manager is: (Name and address) The Architect is: (Name and address) The Owner and Contractor agree as set forth below. This document has impo~ta~~ legal consequences,"""" Ii Consultatiop,,,w1'th an .-,,,-, ,-' atto;:fje't" 15' e;:S:.Si?Ur(g~'d with "J:;liBpect ,Jq,-;rts ~om~letion jor~?dihcation l .' I --" I". ." 'rh~" 19 9 21::1i-it..,i or!: 0 tAlA Docu;;;e~,~201/~a, ~neral Con di t i on s "'o'f---tl;te C o'!l-tra e"t for construction~'" ""'_ ""l Construction Manager- ,0 Advis~,r",!?,dition, is adollt'e'd in. this do'~ent by ."-,,,,1 i 1eferenc:e"" DO~O;",,s~e ~i.tti'" loth,er gene~l ;.elndi ~jcons lun~ess this\dou~t is ,mo~ified. ! l " I I; I I ,_.,..",...J t ELECTRONIC COPYING of any portion of this AIA@ Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AlA Document A10l/CMa.!!If. - 1992. Copyright. @ 1!;I!j'2 by The Aroe;r.iL:an Institute of Archi teets. All rights re.eerved. W.ARNING~ 'l'his AJ.A'" DOC'Wnent ilill protected by U.S. Copyright Law and International Treatielill. Unauthorized .t:"eproduction O~ dil!;lt.ribut.ion of this 1iJ.A. Dooument, or any portion of it, may relll!!lult in s8V8rQ oivil and criminal pena.ltie!!ll, and will be p:t:'oeec:uted to the :maximum extent pOB9ible under the 1 law. this draft was produced by AlA software at 12:54:48 on 01/07/2007 under Order No.l000261480_1 which expires on 9/29/2007, and is not for resale. User Not...: (26280901921 ARTICLE 1 THE CONTRACT DOCUMENTS I The Contract Documents consist of this AgreeqIent, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued aftbr execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to thisl Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, represe~finlcpns or agreements, either written or oral. An enumeration of the Cbntract Documents, other than Modification1, awears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT I ~ :" .... ..,w.,"~w~._~".,._",_""",,,,,,,,,,.,~,, .'. The Cond":actor shall execute the entire Wb ork dFscribedb~l the Contract Documents, except to the extent specifically I indicate ill the Contract Documents to e the Iiesponsi 1 ity of others, or as follows: ',."~".,.""""~"",.____".."".u"~,,,,,,..,,,,,,,.,' I I ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ~ 3.1 The date of commencement is the date frdm which the Contract Time of Section 3.2 i~mepsured, an~,,~hall be the date of this Agreement, as first written aboye, unless a different date is stated below or frO\!ision is mtde or the date to be fixed in a notice to proceed issued by the Owner. 1 1 (Insert the date of commencement, if it differs from the date of this Agreement or, if applicrle, . state that rhe ate will be fIXed in a notice to proceed.) I I" i I: i I I' ..... Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction M~ager, in writing not less than five days before commencing the """ ",.' Work to permit the timely filing of mortgages, I mechanic's liens and other security interests. . ,. .... .,'"''''''''''''.'':~.~''''''''' ,.; ~l achieve Substantial fomPletion of the entire Work not later than,:~1 (Insert the calendar date or number of calendar days after the date of commencement. Als4ms~rt"tllU:,~eqUlre+enfs for earlier Substantial Completion of certain prrtions of the Work, if not stated elsewhere in"the ,C,'?,~:~iic~"~.,J j Documents.). ''%'"'''' I - 'I ^ "" '"1'<<"\,,,j "'< 1"1"' Portion of Work ARTICLE 4 CONTRACT SUM I : · ~ 4.1 The Owner shall p~the Contractor in cl.l;rrent funds for the Contractor's performance bfth.eC6fiti:'lirrttre" Contract Sum of. ($ .), subject to additions and deductions as provided in the Contract Documents, ~ 4.2 The Contract Sum is based upon the following altemates, if any, which are described in !Qe Contrac_L---- ,,,,,,,,,,,,,,,, ""''''""" Documents and are hereby accepted by the Owner: ,.., , ' (State the numbers or other ident~fication of accepted alternates. If decisions on other a/terfate{are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other a'ter~ates showing the amount jor each and the date until which that amount is valid.) . 1'\\'1'",\,< " \ t I. ~ 4.3 Unit prices, if any, are as follows: AlA Docwnent AI01/CMa- - 1992. Copyright 0 1992 by The Americ:a.n Institute of Architects_ All riqhts r~l!ierved. WARNING: This AIA~ Dooument is pl'otect.ed 'tty u. s. copyright Law and International Tri!latiilis. unauthoriz4id reproduction or distribution of this J;.IACI DOCUJMllnt, OJ;' any portion of it, may x-e!lult in seve:re civil and criminal penaltiil!!lls, and will biI!!II prosecuted to the: maximum extent pol!il!iblili under the la'W. 'this dra.ft was produced by AlA software at 12:54:48 on 01/0//2007 under Order No.1000215J.480_1 which expires on 9/29/2007, and is not for resale. U.er Not...: 126280901921 2 Description Units Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS ~ 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provider'^tr~ow and elsewhere in the Contract Documents. ! i " , ~ 5.2 The period covered by each Application for Payment shall be one calendar month endtng p,!1",!h~J~!'J day of th~",_" month, or as follows: I ,'." .,'"-'^'",..."-",.<,.._....,~,~.ll,__"__",..,,_'"-...,,,il ~ 5.3 Provided an Application for Payment is submitted to the Construction Manager not 1 n the . day of a month, the Owner shall make payment to the Contractor not later than the . day of the month. If an Application for Payment is received by the Construction Manager after the application dat1'fiXfd above, ~~ent shall be made by the Owner not later than . <II) days after the Construction Manager rrceiyes the APf'lic~tion for Payment. "I . i, i < 1, ~ 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted Jy t~e Contractor ~ acc~rdance ~ith the Contract Documents. The. Schedule of Values shall allocate the entire Fon~~~_!,~,?~Jmct:~~~" .., vanous portlOns of the Work and be prepared lU such form and supported by such data to s,bstanbate Its accuracy as . the Construction Manager or Architect may require. This schedule, unless objected to by thC.,ConsU:uctio~et:,,,,,,, or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. '''-''''''-',1, I .""."..,.,,] ,.. ".,,1'.'.' I ~ 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of ~d of the period covered by the Application for Payment."",,,,,,,,,,,.,,,,,,,,,"",,,,ej f'" ,.",' ~ 5.6 Subject to the provisions of the Contract Documents, the amount of each progress pa)1fle~~:',~balH:l'e";;"~prte4 as follows: I:'" . "..." ! I) ~1 x ' "''',,'.. .,,-~ ~ 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by' tip lying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to portion of the Work in the Schedule of Values, less retainage of . (.). Pending flUal determination of cost to -"""" the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions;/ . '" ", ~ 5.6.2 Add that portion of the Contract Sum properly allocable to materials and eqUiPmen~elive~ed an~sui\a\>fY "ored at the ,ite fur ,ub"quent mcmpomtion m the completed coostruction (or, if approve (~l:1.vauce b:~ ' Owner, suitably stored off the site at a location agreed upon in writing), less retainage of (r- ); I f~. '; " I ~ 5.6.3 Subtract the aggregate of previous payments made by the Owner; and i ' i ~ 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has wi~eld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. ~~"",,,....,._,.,,,._.......-.--.._.- ~ 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further m~sUfiect~the~ '.'''11, following circumstances: ,I' ''''I, I \ (' ,/ \, ~ 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the totaV'pa~ents to . (.) \ of the Contract Sum, less such amounts as the Construction Manager recommends and the fuc~itect determines for incomplete Work and unsettled claims; and ) I ~ 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fau of~~~"~.,2!1,!!~}~z,~l,____,,..,: additional amounts payable in accordance with Section 9.10.3 of the General Conditions. ~ 5.8 Reduction or limitation of retainage, if any, shall be as follows: AlA OQCU1nent A10l/CMaIlt - 1992. copyright ~ 1992 by The American Institute of Archi te.cts. All rightl!l reserv~d. WARNING: This AlA" Docwnent i19 protected by U. s. copyright. Law and Interna.tional T~ellt.ie9. Unauthori~ed rf!!llproduction or distribution of this AI]lr..e Dooument.. or any portion of it, may result in severe oivil and criminal p&nalt.ies, 3.nd will be prosecuted to t.he maximum extent. possible under the law. This draft was produced by AlA software at 12:54:48 on 01/07/2007 under orde.r No.l000261480_1 which expire.s on 9/29/2007, and is not for resale. User Not.." (2628090192) 3 (!fit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retain age resultingfrom the percentages inserted in Sections 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ARTICLE 6 FINAL PAYMENT r~~'~~ Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made bt th, Owner to the Contractor when (l) the Contract has been fully performed by the Contractor except for th~ Coptractor's responsibility to correct nonconforming Work as provided in Section l2.2.2 of the General~; 044!!!2t.!L~'!:!~JY""""""~,....,,,, other requirements, if any, which necessarily survive fmal payment; and (2) a fmal Project ertificate for Payment 1 has been issued by the Construction Manager and Architect; such final payment shall be m de rYihed~'wlkeI IkOt "P,.".,,~~,,"-,j more than 30 days after the issuance of the final Project Certificate for Payment, or as follo s: 1 ~ ~ ARTICLE 7 MISCELLANEOUS PROVISIONS f,""""!' ) ""'" ~ 7.1 Where reference is made in this Agreement to a provision of the General Conditions anpther Con ac Document, the reference refers to that provision as amended or supplemented by other pro isiops of the tnjact Documents. !; ~ ~' ,I, ~ 7.2 Payments due and unpaid under the Contract shall bear interest from the date paymen is 4ue at the p,te tated below, or in the absence thereof, at the legal rate prevailing from time to time at the place hereilie-PFoJect is""""""""'" located. I",,~~,~ ","II '" .", '" (Insert rate of interest agreed upon, if any.) -""I "1 "II'" ,.," ! ,-,., 11,,"1" ,< rf" <- ^ .1' 'I'" .\ ",(,,,,r<,",'~"" (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local s;onsumer Q;';1lafS and other regulations at the Owner's and Contractor's principal places o.fbusiness, the locftllon 9tJ;':CP~ject 1 n1 else,":here. may affect the validit: of this .provision. Legal a~vice s~ould be obtaine~ with reffei!!t~to-d.rl~!ions 0 , l modificatIOns, and also regardzng requirements such as wrztten disclosures or wazvers.), li""","."J' ~ 7.3 Temporary facilities and services:"""-"'P, (Here insert temporary facilities and services which are different from or in addition to those included elsewhere the Contract Documents.) <'~",. , g 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION ! ~ 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Artic1e'14of'the Gei1efar"""-~'''--'' Conditions. g 8.2 The Work may be suspended by the Owner as provided in Article l4 of the General COfi(1iti~~s. t I' ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS i l",i' ~ 9.1 The Contract Documents, except for Modifications issued after execution of this Agre~mtft, are enumerated as follows: ' ," '.'--, 'II,", '\ \ I I I ' , II j ~ 1 { I~ g 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and 1ontt~..!9r, AlA __,,,,,___..,,,,__J I Document AlOlICMa, 1992 Construction Manager-Adviser Edition. ' ,,,,,,,,,__,,,,,,.,,,,.,,,,,,,___,,~,,,,,,_,,,,,,,,,,,,,_,,,,,,,,,,,,J AlA Document A10l/CMa- - 1992. Copyright @ 1992 by The American Institute of Architects. All right!!; reserved_ WARNING: 'l'his AlAe Docwniliilint is protected by U.S. Copy.t'ight I...a.w and !nternational TraatieEL Unauthoriz4iid reproduction or distribution of this AlA'- Docume:nt., O~ any portion of it, ~y result in S8vere civil and criminal penalties, and will ~ pr05GCuted to the maximum ext.ent poM5ible under th~ law_ This draft was produced by AlA software .!it 12:54:48 on 01/07/2007 under Order No.l000261tJ80_1 which expires on 9/29/2007, and is not for resale. U.o>r Not..., (2628090192) 4 ~ 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A20l/CMa, 1992 Construction Manager-Adviser Edition. ~ 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated II, and are as follows: Document Title Pages __",,!!!:~.,,~,,~ ,fQ!1Q~,l:~~,___",,~, "'''; i ~ 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.l 3, (Either list the Specifications here or refer to an exhibit attached to this Agreement.) ( ~ 9.1.5 The Drawings are as follows, and are dated. unless a different date is shown belot.:" (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Date Pages ~ 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. ----I' ,""., , , ~,,~i. "I <,p,,,,"/I.~''''!'^' ~ ,.,,;<' -i t ^''''''-~ ~<",j ,.....'\ This Agreement is entered into as of the day and year fIrst written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager"and::t\reh(tect for use in the administration of the Contract, and the remainder to the Owner. -- ---- \ \. 'v" OWNER CONTRACTOR (Printed name and title) AlA Document A10l/CMa.- - 1992. Copyright ~ 1992 by Th@ AmE!rica.n Institute of Archi t@cts. All rights reserved. WARNING: This AIA~ Document ilii protected by U.S. Copyright Law and Internationa.l Treaties. Unauthorized. reprociuc:tion or dil!ltribution of this AlA. Docwnent, or any portion o~ it, may result in severe oivil and criminal p8nalti$s, and will be proa&cuted to the maximum ~~tent pOesible under the law_ T.his draft was produced by AlA software at 12:54:48 on 01/07/2007 under Order No.1000261480_1 which expires on 9/29/2007, and is not for resale. Ueer Notee' (2628090192) 5 DRAfT II> AlA A201/CMa™ 1992 Document General Conditions of the Contract for Construction where the Construction Manager is NOT a Cons~LPctor , 1 i -- f for the following PROJECT: (Name and location or address): L"__,."..._~..__""",,,,,,_.,.,,..,,,,,,,__,,,._ ADqITloNS AND DRWi5NS:"...,J Th~ author of this document ha~ added information ~~~ded for its completion. The author may also have r~~~~~~~~l t~J; '~~gX~n~=r~h~orm. \An Addition a d Deletions Re ort that no es added in ormation as well as ,re jsions t t e standard ! fo "t,i1<;:;:t,,,' a ll.~.,fJ:;OIl) l~~~i~~~~~~.":!:.:::'-~~",,~:.--.,,,J This document has impo~ta~~ legal consequenc'7"s>''-'''''''' ; consultati,~fh an....w'.",,',!" .,. attorIt,e,y'"fs jn.s: urfed with t~~s om letion IlIGd:i r'i cat i on , .. C"~.,. '~,,\\._. ...."~.....~<~1\ THE OWNER: (Name and address): THE ARCHITECT: (Name and address): TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER 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 , , !W"''''''''"'C"",,,,~___,,,,,,,_,,,,,''''''_Y<<<<'''''',,,,,,*,*'''''''.''''<''''''''''~'~'h"<<''_'W<''o",J ELECTRONIC COPYING of any portion of this AlA" Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A201/CMa." - 1992. copyright @ 1992 by The American Institute of Architects. All rights r&5erved. WARNING: ThiEl AiA-' Document is protected by U. s. copyright Law and International Treaties. Unauthorized reproduction or dist~ibution of this AlA- Dooument, or any portion of itl may re8ult in severe civil and cri~n_l penaltie8, and will be prosecuted to the maximum ~xtent poeeible under tha law. This draft was produced by AlA software: at 13:22:42 on 12/05/2006 under Order No_l000261480~1 which e.xpires on 9/29/2007, and i$ not fo); resale. U...r Note.: (3560762705) 1 INDEX Acceptance of Nonconforming Work Acceptance of Work Access to Work Accident Prevention Acts and Omissions Addenda Additional Costs, Claims for Additional Inspections and Testing Additional Time, Claims for ADMINISTRATION OF THE CONTRACT Advertisement or Invitation to Bid Aesthetic Effect Allowances All-risk Insurance Applications for Payment Approvals Arbitration Architect Architect, and Certificate of Payment 9.6.6,9.9.3. 12.3 9.6.6,9.8.2, 9.9.3,9.1O.l, 9.10.3 3.16,6.2.l, l2.l 4.6.6, 10 3.2.l,3.2.2, 3.3.2,3.12.8, 3.l8,4.6.6, 4.6.2.,4.7.9, 8.3.l,1O.1.4, 10.2.5, 13.4.2,13.7, l4.l 1.1.1,3.11 4.7.6,4.7.7, 4.7.9,6.1.1, 10.3 4.6.l0, 9.8.2, l2.2.l,13.5 4.7.6,4.7.8, 4.7.9,8.3.2, 10.3 3.3.3,4,9.4, 9.5 1.1.1 Architect, Defmition of Architect, Extent of Authority 4.1.1 2.4.l,3.l2.6, 4.6.6,4.7.2, 5.2,6.3, rr.1"~, 7.2.l, 17.4,9.2, ~ :~~:"~":;;-""""" "'''--''"'~''''''.'''''''~''~'''l 9.8.2,9.8.3, i 9.l ~.~},;"", """I"""''''''''''''''''''~''''''l'''M,....".""j 9.lt.3, l2.l, l2ll, j1.?:" .l, 13.5.2, fr;q.2, l4.2.4 13.3;3,3.l2.8, 13.li.11, 4.6t, 4.6.6, 4.6 10, I 4.6 l2, ' 14.6. 7,"'" 14..6,l5l,....., ..", 4.6.20,4.7.2, 5.2.l,7.4, 9.6.4 2.4, 9.8.2,.~"'.' 11.J,.ld', .""'1 r 'r12 1 ",,,,,,,., "","" I~~:~~~:::",.,,,,, I! ~..4' """"'" I ' 13.5.3,"T4;2,~ " L",. ::~: ;.~:~: '"'''''''''''''' ,,.,,,,,,,:: "I 9.4,9.5'::1 2 .4)'53':'5~.1'i'" ,.,' j 31,10.3 " I'" ,) $ .12~6~""'m..,,,.\ \ /'/ ," ,,' ;'3 111 8 \ l ,/"" I . f. , \, .,>"',1: !3.l~.3, 4.6.121 /' :i!Fl~~j L___, l:,:,~,:i~:"""",..,. "-,,,,,,.....,,,,,,,.,,,...._,,, J 4.6.l8, 4.6.19, ,__,' "'~".,..M. ",,,,.,,M. ."", """ Ji-'lr "<'il, H}6 . 4.7::-?",._..~_.,,, """"\, 4 . 6 ",4-:-8':"'l , ""'''".",. '\ , .8.t;' 4.9, "\ \ .3~8.1.3' \ \ 8.3 1,9.2, II i ! 9.4 9.5.l, i ! , i 9.8 .lJ,.;2,;.!~,,,,,__,,,..,,,,_.j , 10.1.2, ( &~;""''''''M'.____~__''''~''''.'.) l4.2.2, l4.2A Architect, Limitations of Authority and Responsibility Architect's Additional Services and Expenses 4.6.20,4.9.l 3.8 11.3.1.1 4.6.9,7.3.7, 9.2,9.3,9.4, 9.5.1,9.6.3, 9.8.3,9.10.l, 9.l0.3, 9.l0A, l1.1.3, l4.2.4 2A, 3.3.3, 3.5, 3.10.3, 3.l2A through 3.12.8, 3.18.3, 4.6.l2,9.3.2, l1.3.1A, 13.4.2, 13.5 4.5,4.7A, 4.9,8.3.1, 10.1.2, l1.3.9, l1.3.l0 4.1 4.6.9 Architect's Administration of the Contract Architect's Approvals Architect's Authority to Reject Work Architect's Copyright Architect's Decisions AJ.A Oooument A201/CMaIll - 1992. Copyright 0 l!i192 by The American Institute of A:rchitects_ All riqhts ~i:!si:!rved. WAAN!~G~ Thil!l AlA'" Dooument is prot&cted by U.S. Copyriqht Law and Int~rnational Treati89. Unauthorized reproduction or di~tribution of thie AIAe Oooumentl or any pOrtion of it, mlii.Y result in II!U!!IVere civil and criminal p&naltiel9, and will be pros&outed to the ma.:x:imum extent possibl& under the law. This draft Was produce:d by AlA software at 13:22:42 on 12/05/2006 under Order No.l000261480 1 which expires on 9/29/2007, and is hot for resale. ~ V...r Not...: (3560762705) 2 Architect's Inspections Architect's Instructions Architect's Interpretations Architect's On-Site Observations Architect's Project Representative Architect's Relationship with Contractor Architect's Relationship with Construction Manager Architect's Relationship with Subcontractors Architect's Representations Architect's Site Visits 4.6.5, 4.6.l6, 4.7.6,9.4.3, 9.8.2,9.9.2, 9.1O.l,13.5 4.6.10, 4.6.l2,7.4.l, 9.4.3, 12.l, 13.5.2 4.6.l8, 4.6.l9,4.7.7 4.6.5,4.6.9, 4.7.6,9.4.3, 9.5.l,9.1O.l, 13.5 4.6.l7 Asbestos Attorneys' Fees Award of Separate Contracts Award of Subcontracts and Other Contracts for Portions of the Work Basic Definitions Bidding Requirements Boiler and Machinery Insurance Bonds, Lien Bonds, Performance and Payment 9.l0.1,13.5 lO.1.2, 10.1.3,.10.1.4 3.l8.1, 9.l0.2,1O.1.4 6.1.1 f~~;l I.~.,.,~., '''.' ..... ,.,--",.",""',"'0"""',,,,,,,,.,,,,,,,,,,, 1.1 i 'l.l fl'~"l':"l';':l;",",-_..._,-"._",.,..".~,..J 5.2~l, l1.4.l 11.~.2 J :" '9]6.2 ~:311r.4, 9.l .3, ll., .9, l1.4 '2.2j3,3.7.l 1.4; i 9.8;2 I.. ""m"",,'! , ,4.6.9"""..___...."_",,,,.,,,,,, 9.3.3,9.4, 9.5,9.6.1, 9.6.6,9.7.l, 9.8.3, 9. 13.5.4 9.3.2,9.10.2, l1.1.3 1.1.l,2.4.l, 3.8.),,4','''' 3<11.1 , ,4.6.13, 4?J:"3~'J 15.2;3,7.1, 17.217.3.2, 18.3p,9.3.1.1, 19.10.3, ; ll.b..,L2.,....., ;l1.3.4, 'rn':9';I7:'I:2""-' ,a_"..,'.', 7.2.l ,<"^",'.'W~'~"""'--""IIN''''''~",,, 7.1/" ",.", ~t\,~,6':'[(~\\ .6. 4, 7, "", , .3 ,9.3.1.1, \ 1 10. .3 1 4.7 ! 4.7 4.8,4.9~~___~ ! 16.2.5, 8.3.2, i lL,'1.__1""'"lL,'1.,'1,,_,,~_.,_.,,_~,~,,,"J 7;J'':'''.r':ZT''"77':J7:=r;--- 9.10.4, lO.1.4 1.1.2,3.2.l, 3.2.2,3.3.3, 3.5.l, 3.7.3, 3.11,3.l2.8, 3.12.1l,3.16, 3.l8,4.6.6, 4.6.7,4.6.l0, 4.6.l2, 4.6.l9,5.2, 6.2.2, 7.3.4, 9.8.2,10.1.2, 10.1.4, lO.1.5, l1.3.7, l2.l, 13.5 1.1.2,2.4.l, 3.l2.6, 3.l2.8,4.6.8, 4.6.10, 4.6.l4, 4.6.l6, 4.6.l8,6.3.l, 9.7.1,9.8, 9.9.l,9.9.2, 9.1O.l, 9.10.2, 9.10.3, l2.2.4, 13.5.l, 13.5.2, 13.5.4, l4.2.4 1.1.2, 4.6.6, 4.6.7,4.6.10, 5.3.l, 9.6.3,9.6.4, l1.3.7 9.4.3,9.5.1, 9.1O.l 4.6.5,4.6.9, 4.6.l6,4.7.6, 9.4.3,9.5.1, 9.8.2,9.9.2, Building Pennit Capitalization Certificate of Substantial Completion Certificates for Payment Certificates of Inspection, Testing or Approval Certificates of Insurance Change Orders Change Orders, Definition of Changes CHANGES IN THE WORK Claim, Definition of Claims and Disputes AlA Document A201/CMIi.!IlII - 1992. Copyright CI 1992 by The American Institute of Architects. All rights re.eervM. WARNING: This AIA~ DOC\mWi'nt iEl protected by U_5_ Copyright Law and lnternational 'treaties. Unauthori~ed reproduc.tion or distribution of this AlA- Document, or any portion of it, may r8~ult in 8Bver8 civil and criminal p&nal~ies, and will b8 prosecuted to the maximum extent pO~8ible under the laW'_ This draft was produced by AlA software at 13:22:42 on 12/05/2006 under order No.l000261480 1 which expires on 9/29/2007, and is not for resale. ~ U...r Not..s: 13560762705) 3 Claims and Timely Assertion of Claims Claims for Additional Cost Claims for Additional Time Claims for Concealed or Unknown Conditions Claims for Damages Claims Subject to Arbitration Cleaning Up Commencement of Statutory Limitation Period Commencement of the Work, Conditions Relating to Commencement of the Work, DefInition of Communications, Owner to Architect Communications, Owner to Construction Manager Communications Facilitating Contract Administration Completion, Conditions Relating to COMPLETION, PAYMENTS AND Completion, Substantial Compliance with Laws 4.9.6 4.7.6,4.7.7, 4.7.9,6.1.1, 10.3 4.6.9,4.7.6, 4.7.8,4.7.9, 8.3.2 4.7.6 Concealed or Unknown Conditions Conditions of the Contract 14.2.1.3 4.7.6 1.1.1,1.1.7, 6.1.1 1.3.l,3.l2.8, :T~2, 4.7.4. H~!~_~_______, 9.10.3,10.12, :1 1 O. t':'3";"''''''''''''"~'''' -_.-....._..~''''',..""",,,3 lU.1, 11.~.l.4, L!}J.ll, 13.2, 1304.2 !lT14, 6 173J1 , i ~.ql' 4.6.13, 7.l ;"7:1;' " 1.]""",,.,,,,,,,.,. ,II'. ""__"""'~",""""'"" 4.2 2.2.3 4.7.2 .l2,ro', .1~.8, 4.3, 4.6j3' 4.6.11, ; 7.l12,7.2.l, i 7.3ll,8.3.l, i "1 J 9.2l1..5t:.:t1.,," 904.l, 904.3, 9.9.l, l2.1, l2.2.l , __, ''''''''''''''''''_.,,,,,.,,,,.,~ l2. ',,:4" """" ,~, ""'*"""';"."""""'''1=:< I, ~ ,"',"'~" ""^""""""" \, lA.2.2,,,,t'4.204 ~'" '\ l6.?', 4.6.10, \ '" 113-4.2 1 \, I ' 1 I 'r. ,.i ~ ! ,3.l .3 \ I . ~ f ~~~~:~~~=~~==~J Consent, Written 3.l8, 4.7.9, 6.1.1, 6.2.5, 8.3.2,9.5.1.2, 1O.lo4 4.7.2,4.804, 4.6.l 3.15, 6.3 13.7 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS Construction Change Directive, Definition of Construction Change Directives AlA Document A201/CMaIlll - 1992. Copyright @ 1992 by The. American Institute of Archit@cts. All ~ights reserved_ WARNING: This JU.A.~ Document ilill protected by U.S. Copyright La'W" and International Treatie8. Unauthorized. reproduction or distribution of this AlAe Oocwnent, or any portion of it, may ~e$ult in severe oivil and criminal penalti&s, and will b& pr08ecut8d to the maximum extent possible under the law_ This draft was produced by AlA softwa.re at 13:22:42 on 12/05/2006 under Ord@r No.1000261480_1 which expi;r.es on 9/29/2007, and is not for ;resale. V.er Not...: (3560762705) 2.l2 ,2.2.l, 3.2.l, 3.2.2, 3.7.1,3.1O.l 3.l2.6,4.7.7, 5.2.l,6.2.2, 8.l.2, 8.2.2, 9.2, l1.1.3, l1.3.6, llo4.l 8.1.2 Construction Manager Construction Manager, and Building Permits Construction Manager, Claims against Construction Manager, Communications through Construction Manager, and Construction Schedule Construction Manager, Definition of Construction Manager, and Documents and Samples at the Site Construction Manager, Extent of Authority 2.2.6 2.2.6 3.9.l4.6.7, 5.2.l 3.11,3.l5, 4.6.5, 4.6.l6, 4.7.2,904.2, 9.8,9.9.l, 9.10, l1.3.5, l2.2.2, 13.7.l 9 4.6.l6, 4.7.5.2,8.1.1, 8.1.3, 8.2.3, 9.8,9.9.l, l2.2.2, 13.7 1.3,3.6,3.7, 3.13,4.1.1, 10.2.2, l1.1, l1.3, 13.l, 13.5.l, 13.5.2, 13.6, l4.1.1, Construction Manager, Limitations of Authority and Responsibility Construction Manager, and Submittals Construction Manager's Additional Services and Expenses 4 Construction Manager's Administration of the Contract Construction Manager's Approval Construction Manager's Authority to Reject Work Construction Manager's Decisions Construction Manager's Inspections Construction Manager's On-Site Observations Construction Manager's Relationship with Architect Construction Manager's Relationship with Contractor 4.6, 9.4, 9.5 2.4.l,3.10.3 4.6.10, l2.2.l 7.3.6, 7.3.7, 7.3.8,9.3.l, 9.4.l,9.5.l 4.6.10,9.4.3, 9.8.2,9.9.2, l2.1.l 9.5.l 1.1.2,4.6.8, 4.6.l0, 4.6.11, 4.6.l4, 4.6.l6, 4.6.l8,6.3.l, 9.2.l,9.4.2, 9.4.3,9.5l, 9.6.l,9.6.3, 9.8.2,9.8.3, 9.9.l,9.1O.l, 9.10.2, 9.l0.3, l1.1.3, l2.2.4, 13.5.l, 13.5.2, 13.5.4, l4.2.2, l4.2.4 3.2.l,3.2.2 3.3.l,3.3.3, 3.5.1,3.7.3, 3.10.1, 3.10.2, 3.10.3, 3.l1.l, 3.l2.5, 3.l2.6, 3.l2.8, 3.12.9, 3.l2.1O, 3.l2.11, 3.13.2, 3.l4.2, 3.l5.2, 3.16.1, 3.17.1, 3.l8.l, 3.l8.3,4.6.3, 4.6.4, 4.6.6, 4.6.11,5.2, 6.2.l,6.2.2, 7.1.2,7.2.1, Construction Manager's Relationship with Owner Construction Manager's Relationship with Other Contractors and Owner's Own Forces Construction Manager's Relationship with Subcontractors Construction Manager's Representations Construction Manager's Site Visits Construction Schedules, Contractor's Contingent Assignment of Subcontracts Continuing Contract Performance Contract, Definition of CONTRACT, TERMINATION OR SUSPENSION OF THE Contract Administration Contract A ward and Execution, Conditions Relating to Contract Documents, The Contract Documents, Copies Furnished and Use of Contract Documents, Definition of Contract Performance During Arbitration Contract Sum 7.3.4, 7.3.6, 7.3.9,8.3.1, 9.2.l,9.3.l, 9.4.l,9.4.2, 9.4.3,9.7.l, 9.8.2,9.9.l, 9':'1l.l , 9.lf.2, I:m~-"--.---i IHff:.--~ t!,~J.l, 1".5.2, [Ij'l3, 13.5.4 2.2p,4.6.l, 4.612, lO.1.6 i ! I', 4.d.3 _, ,~,~ .., ,,'.'...... i \ " 14.,6."10,.,.5-.3..4.__.__....,__._"'''''''.,,,..1' 9.6.3,9.6.4 "",II".'\. ~"",,,,,,~r#' ~ ",. 9 .4.3, 9.5.l.1..."',,,.,....,,,.,,.., ~~;:;'-j'l '1J"6.4 """"'"...,, . . "X'~''<< '"'"''"'''''''-' 5.4 "~'".".,''',' 4.7.4 .""""""'1' "'''''' "i, ~" ! "",...",j "'I ..' .' l.I.2,.".,"""""''''",~,,- .' 1lf7,?:,1:.,!.l, '\ ,tie';""" r4 l"'1 "'1"\,' 0~ I.." ", I ' 3.3/3,4,9.4, 9.51 i I. I 3.7Il,3.1O, ! ,5.2!2.2,,"''''_'''_1 l1.1.3, Irr:r6;"n':zt:r-"'"'~'''..'.''' 1.1, 1.2, 7 l.3,2.2,,),-5:-3---..___., -,..", ""'"' ,," il' ,"I""~'<<'''''''''~'.~ l~,0W ~", rl~' \, it } '\ b, I \ I 14.7 ,4.9.3 i I. !43.78b74.7.61.,--___"~~ 1 ~d d, 4.8.4, ~q.:2.;.,-,..._.._.-..,.; 7.3, 9.l, 9.7, AlA Oocument A201/CMa.=C - 19;2 _ copyright @ 1992 by The American Institute of Architects. All rights reserved. WARNING: This J:U..A~ DOCu.m&nt is protected by O.S. Copyright Law and Internationa.l Treaties. Unauthorized r4!!llproduction or distribution of this JiJ.A~ POcUIlHint, or a.ny po~t.ion of it, may result in i!Ievera civil and crimina.l penalties, and will be prosecuted to the maximum. extent possible under the la.w_ This draft was prodUCE!d by P..IA software at 13:22:42 on 12/05/2006 under order- No.1000261480_1 which expires on 9/29/2007, a.nd j,::;; not for rE!sal~_ User Nor..., 13560762705) 5 Contract Sum, Definition of Contract Time Contract Time, Definition of CONTRACTOR Contractor, Definition of Contractor's Bid Contractor's Construction Schedules Contractor's Employees Contractor's Liability Insurance Contractor's Relationship with Other Contractors and Owner's Own Forces Contractor's Relationship with Subcontractors Contractor's Relationship with the Architect l1.3.1, l2.2.4, l2.3, l4.2.4 9.1.1 Contractor's Relationship with the Construction Manager 1.1.2,3.2.l, 3.2.2,3.3.1, 3.3.3,3.5.l, 3.7.3,3.7.4, 3.1O.l, 3.10.2, r:I.3, 3.l .1, .3.1 .5, ! " 3.1 ~~,6..2." ""'~~"'__"__'__~,,,,,,",,.,,,,,,.. 3.l2.8, f mf-----~ TI5.2, cr:!l.1 , 3.l .1, 3.l .l, 3.l .3,4.6.3, Z .1 '- L,,,. .,,'-- --J.... rr.'2':2, 1.,5,,1-;""'''. !,3 .l2::9,-4,2 .2, '> "'" "'''''~'''>>~..,.." S:2.1..23.3,,,. "<\''l:. 3.3.2,3.l8, 4.6.6, 10 1. 2 .J$.3'~'2 ;-"'" 3d. 3 ll.7 / ~,,~, "', i f il4J 1 3.l~, 3.11, 3.1 t,.4JJ.12...,~ 5.2.l,5.2.3, 7'::;:6;'9'7;'~.'"'''''-''-"'-'-''''''''''''''' 9.3.l,9.8.2, 9.9.1, ~,;w.,z.;--'-"-, 9 .1(};3."', 1" '"__'~_~~ ~1 lft.1.2o"'ff'4'.2 --...\ \\ ~.9'/ro.2.6 " 1.2f' 3.3, \ ; 3.4 4.6.6, t ! ~i ~~.~~.2.~~__~ ! l1.1.1.7, ; '}+~>i.;,..,.,.,-,~..,--_._._,.,..,j l1.3.1.5 AlA Dooument A201/CMa.!I!II - 1992 - Copyright ~ 1992 by The AmE!ricah In.sti tute of Archi tects. All right..s reslilrved. W~ING: This AlA- Document is protect.ed by U.S. Copyright I.&w and International Treaties. Unauthorized reproduction or distribution of this AlA. Dooument, Or any portion of it, may rtiulult in eevet'e civil and criminal penalties, a.nd will be prosecuted to the maximum extent possible under the law. This d~aft was produc@d by AlA software at 13:22:42 on 12/05/2006 under Order No.l000261480_1 which expires on 9/29/2007/ and is no~ for resale:. User Notes: 135607627051 4.7.6,4.7.8.l, 4.8.4, 7.2.1.3, 7.3,8.2.l, 8.3.l, 9.7, l2.1.1 8.1.1 3 3.1.1,6.1.2 1.1.1 3.10 3.3.2,3.4.2, 3.8.l,3.9, 3.l8, 4.6.6, 4.6.10,8.1.2, 10.2, 10.3, l1.1.1, l4.2.1.1 11.1, l1.3.1.5 4.6.4,4.6.6,5.2,6.2.1, 6.2.2,7.1.2, 7.2.l, 7.3.4, 7.3.6,7.3.9,8.3.1,9.2.1, 9.3.l, 9.4.l, 9.4.2, 9.4.3, 9.7.l, 9.8.2, 9.9.l, 9.1O.l, 9.10.2, 9.10.3, 10.1.1,10.1.2,10.1.5, lO.2.6, l1.3.7, 12.1, l3.5.l, 13.5.2, 13.5.3, 13.5.4 Contractor's Representations 3.l2.5, 3.l4.2, 4.6.3, 4.6.7, l2.2.5 1.2.4,3.3.2, 3.l8.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, l1.3.7, l1.3.8, l4.2.1.2 1.1.2, 3.2.l, 3.2.2,3.3.3, 3.5.l,3.7.3, 3.10.1, 3.10.3, 3.l1.1, 3.l2.6, 3.l2.8, 3.l2.9, 3.l6.l,3.l8, 4.6.6,4.6.7, 4.6.10, 4.6.l2, 4.6.l9,5.2, 6.2.2, 7.3.4, 9.2,9.3.l, 9.8.2, 9.10.3,10.1.2, 10.1.5, 10.2.6, l1.3.7, l2.l, 13.5 Contractor's Responsibility for Those Performing the Work Contractor's Review of Contract Documents Contractor's Right to Stop the Work Contractor's Right to Terminate the Contract Contractor's Submittals Contractor's Superintendent Contractor's Supervision and Construction Procedures Contractual Liability Insurance 6 Coordination and Correlation Copies Furnished of Drawings and Specifications Correction of Work Cost, Defmition of Costs Cutting and Patching Damage to Construction of Owner or Other Contractors Damage to the Work Damages, Claims for Damages for Delay Date of Commencement of the Work, Definition of Date of Substantial Completion, Definition of Day, Definition of Decisions of the Architect 1.2.2, 1.2.4, 3.3.l, 3.10, 3.l2.7,6.2.l 1.3, 2.2.5, 3.11 Decisions of the Construction Manager l4.2.2, l4.2.4 4.3, 7.3.6, 7.3.7,7.3.8, 9.3.l,9.4.l, 9.4.3,9.5.1 9.5,9.7, rl1.3 I L...,~. 2.3, 2.4, 3.5 fl.;,4;6:1';...._~_.'w.~._~-_... 4.6110,4.7.5, 9.5i 9.8.2, 9.9jl, 10.2.5, f!;'13.7.1.3 r'll 1.1p.1.1, 3.lP.5.l, 13.l~.1, I' t3.12.2, , i3.l2.3';4~TT;- i4.2."L,.4"7~l",,, ,."_"",.,_.,,.,. ,,_"", 5.l, 6.1.1, 7.2.l,7.3.l, 7.3.6,8.l, ,."." 9 ",- .l, 9.8.l """,,,,,,.,'" 4.7,:.1,4':7:8.l ;,....,,,,.,,,.1. r:-'7: 8.:3".6flr:1, 16.2:1;",7.2,,) , 7:'3~'1.:?"".7. )':<;;....,.... 7.3.5, 7.3:'8-;", 7.3 .9, 8.1.1 , ""'-----.. 8.3, lO.3.l, "''''''''-'''; """>>< .\ l4.1.1.4 ,.:"'1 4.7,~<,~8';"~~'v,,'~ .#,iii'<<0/.<1~ 1 ~'.5, 6.3 "'\ "."""" ",,,) M~""'1<"'".t':..:: .;:0 i0'" 3 !i2--."9 3 l~"~ \ ,tI ,\ ^ 0"''i';' . .yo, . . .L;), V' ...""" j:3.11 \ ,~/" I! j .,.' 1.115 ! r .I r 2.3,2.4, 3.2.1,4.6.l, 9.8.2,9.9.1, l2.1.2, l2.2, 13.7.1.3 7.3.6 2.4,3.2.l, 3.7.4,3.8.2, 3.l5.2., 4.7.6, 4.7.7,4.7.8.l, 5.2.3,6.1.1, 6.2.3,6.3.l, 7.3.3.3, 7.3.6, 7.3.7,9.7, 9.8.2,9.10.2, l1.3.1.2,l1.3. 1.3, 11.3.4, l1.3.9, l2.l, l2.2.1, l2.2.4, l2.2.5, 13.5, l4 3.14, 6.2.6 Decisions to Withhold Certification Defective or Nonconfonning Wark, Acceptance, Rejection and Correction of 11.1.1, 1.3, " '2:2:5; 3:n'~"""""""--"'-'-""."""."! 5.3 3.2 ,i' """''',.,'''',.,,-''-_'\ ~#.2!,/i 1.1.2 .7 ,10.3 1 I ; 3.3 1 ., 3.4.2, ! I 3.8p,3.9, I I ~3.lU~,..,,_....__~J ! 3 .l8'~'.,48~~'~:"_______'~.J . . u-; . T':-'Z:~ 10.2, lO.3, Defective Work, Definition of DefInitions Delays and Extensions of Time 3.l4.2,6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, l1.1, l1.3, l2.2.5 3.l4.2,9.9.l, lO.2.1.2, 10.2.5, 10.3, l1.3 3.l8,4.6.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 6.1.1,8.3.3, 9.5.1.6,9.7 8.1.2 Disputes Documents and Samples at the Site Drawings, Defmition of Drawings and Specifications, Use and Ownership of Duty to Review Contract Documents and Field Conditions Effective Date of Insurance Emergencies Employees, Contractor's AIA Document A201/CMa!l!ll - 1992. Copyright e 1992 by The American Institut~ of Architects. All ~i9hts ~es4illrved. WAAAING: This AlA- Dooument ia protectad by U.S. Copyright Law and International Tr8atie~. Un~uthoriz&d reproduction o~ distribution o~ this AlA. Document, Or any portion o~ it, may r~iUilult in S8ViI!!IIre civil and criminal penalties I and will be prosecut~ to the maximum ~xtEllnt po:l!lll!!lible under the 7 law. This draft Was produced by AlA software at 13:22;42 on 12/05/2006 und@:r order NO.l0n0261480_1 which expires on 9/29/2007, and is not for resale:. U...r Note.: (35607627051 8.1.3 8.1.4 4.6,4.7,6.3, 8.1.3,8.3.l, 9.2,9.4, 9.5.l, 9.8.2, 9.9.l, l0.1.2, 13.5.2, Equipment, Labor, Materials and Execution and Progress of the Work Execution, Correlation and Intent of the Contract Documents Extensions of Time Failure of Payment by Contractor Failure of Payment by Owner Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment Financial Arrangements, Owner's Fire and Extended Coverage Insurance GENERAL PROVISIONS Governing Law Guarantees (See Warranty and Warranties) Hazardous Materials Identification of Contract Documents Identification of Subcontractors and Suppliers Indemnification l1.1.1, 14.2.1.1 1.1.3,1.1.6, 3.4, 3.5.l, 3.8.2,3.l2.2, 3.l2.3, 3.l2.7, 3.l2.1l,3.13, 3.15.l, 4.6.l2,6.2.l, 7.3.6,9.3.2, 9.3.3, ll.3, l2.2.4, l4.1.2, 14.2.l, l4.2.2 1.2.3,3.4.l, 3.5.l,4.6.5, 4.6.6,4.7.4, 4.7.8,6.2.2, 7.1.3,8.2, 8.3,9.5, 9.9.l,1O.2.3, lO.2.4 1.2,3.7.l Information and Services Required of the Owner Injury or Damage to Person or Property Inspections Instructions to Bidders Instructions to the Contractor 9.10.2, lO.1.4, l1.3.1.2, l1.3.7 2.1.2, 2.2, 4.7.4,6.2.6, ~'+2, 9.6.l, r9.6,t4,9.8.3, Ii ~ [1~!~!~Z~_.._~.~_..,__"...."".. jIl.3,13.5.l, ! ; 13 'r2~'''-'''--'---'._''''~---_'''''''''Ji 14.7 i ' t~J.3, 3.3.4, 3.7.l,4.6.5, . '46,4.6.l6, 9:~~: ~:~:;: r."'" 9.l$.l, I l2.~.1, 13.5 1 1.U1 ,I 13 8 If'2f'6:1T'! 1 . . , .. , t.i.2~1~.:Z"..1.2.,1~..,.....,." '.",.'.....~.....'"..' 13.5.2 4.7.9, 6 .l.l , "",""''''''''''''''''J' 7.3.6.4, 9.3.2, """.".,,..... ," ~:~oj~':iJ""",,,,~~:~],, ['''''''''''''''''' (11'"'3''' 2' ".".,,''''.,''''. , . ~>^',,;<< I' IW->'"''''''' [, , ,,",."""'''''" "".. , '. 11.1"". ""ll "'"," '~ '~"'-> l1.3.1. 0 .'''.'' '''",, 8.2.2,11.1.2 ....."".."."" ~"""'J" '''~,... 11.3.3 "">t 11.;j".a.':t."h~". .."./" I f,'~'r5" i1:3"'I\/'''''''''''''''#'''#'''''' ,.... .3 , ' ".,.",. l1. .1.4 I ' 111 ( ~ j' I' I; j (9.9 U..ll.J.llJ l1.3.l0 ._"i" - ''''''"-'----''''1.'.\.)'''"'>'1.." "" ""\ \ \ ! Insurance 4.7.l,4.7.8, 7.2.1.3, 8.3, 1O.3.l 9.5.1.3, l4.2.1.2 4.7.7,9.7, l4.1.3 Insurance, Boiler and Machinery Insurance, Contractor's Liability Insurance, Effective Date of Insurance, Loss of Use Insurance, Owner's Liability Insurance, Property Insurance, Stored Materials H1.2 ,3.l2.1.-- 4 .lO..,,"'-' '''- !.6jd, {4.6 9, 14.6 0, 7.4 !13. I e:~!j,- 1.5,4.1.1, i . . , :5-:+,.-.....---...--" .",.1 6.1.2,8.1.4 4.6.l,4.6.16, 4.7.2,4.7.5, 9.10, l1.1.2, l1.1.3, l1.3.5, l2.3.l, 13.7 2.2.l INSURANCE AND BONDS Insurance Companies, Consent to Partial Occupancy Insurance Companies, Settlement with Intent of the Contract Documents AlA Doc\lIIlent A201/CMaDll - 1992. Copyright CI 1992 by Th@ Arnetican Institute of Arc:hi tects. All rights reservi:!d_ WARNING: This MA~ Dooument ia protected by U.S. Copyright .I.a.w and International Trtillatitillliil. Unautho.t'i2:tiIId ril!!llproduction or distribution of this AlA" Document, or any portion of it, may ril!!llsult in Stillvare civil and crim1nal penaltiG$1 and will be prosecuted to th8 maximum extent possible under the law. thJ.o draft was produced by AlA software at 13:22;42 all 12/05/2006 under Order No.1000261480_1 which expires all 9/29/2007, and is not for resale. U..." Note.: (35607627051 l1.3.U, l1.3.5, l1.3.7 1 13.1 lO.l, lO.2.4 1.2.1 5.2.l Interest Interpretation 3.l7,3.18, 8 Interpretations, Written Joinder and Consolidation of Claims Required Judgment on Final Award Labor and Materials, Equipment Labor Disputes Laws and Regulations Liens Limitation on Consolidation or Joinder Limitations, Statutes of Limitations of Authority Limitations of Liability Limitations of Time, General 4.6.l8, 4.6.l9,4.7.7 4.9.5 4.9.l,4.9.4.l, 4.9.7 1.1.3, 1.1.6, 3.4, 3.5.l, 3.8.2, 3.12.2, 3.l2.3, 3.12.7, 3.l2.1l,3.13, 3.l5.l, 4.6.l2, 6.2.l, 7.3.6,9.3.2, 9.3.3, 12.2.4, l4.1.2, l4.2.1, l4.2.2 8.3.1 1.3,3.6,3.7, 3.l3,4.1.1, 4.9.5,4.9.7, 9.9.1,10.2.2, l1.1, l1.3, 13.1, 13.4.l, 13.5.1, 13.5.2, l3.6 2.1.2,4.7.2, 4.7.5.l,8.2.2, 9.3.3,9.10.2 4.9.5 Limitations of Time, Specific 4.6.l2, 4.6.l8,4.7.2, 4.7.3,4.7.4, 4.7.6,.4.7.9, 4.6.4.2, 5.2.l, 5.2.3, 6.2.4, ;m,7.4, ~~tt~~___ l1.3.l, :: ::rr----~ 124:1, I2.2.2, 13.5, rn:l, l4.3 , 12.q2,2.2.l,r !2.4113.1O, i 3.1,3.l5.l, I ~;t~~~~J _____~ . ~ . , f 1'1;3,.5,..'].3 .9" ","'"_~""..". . ."._".~...~.~" J 8.2,9.3.1, .il 9.3.3, 9.4.1, ~~,,,",~'" ~ 9.6.1, 9.7, ~.."'''''' 9.8.2,9.1O.h ll. !,.J~'--''''' J ~l i:~{):.,,,,",r- .:l'l "'"...,..".,,,,, ..~"'\"'" "'I" l2.2.2, ''''''. 12.2.4, l2.2.6,13.7, 14.l, l4.2.2 .1,,,.,,,'1 11 .}.3-- '."" " I 1 A'" "~,.",i-' "1,;0'<'" J -If.::>.l, .~J.~l, \ ..,/"" .,J'" ~.6I4.6.l~\ / I...."'.,.," 15 2'l 9 3 1 ..1' ; . ~, . .'} 1"01'"' \9.3~1.2' 9.3.3, I if' C ,I ,9.4 3, 9.6.5, j , 19.1 .4 Ii" l~o.LJJl.2,d..J -""""""""''''.'' ~~~:,~,:~~i.:...".".--..,_.~,....""... . . , . . , 3.8.2,3.12.2, 3.l2.3, ,,"'."."""-"---.... 3. g:1:","",,,,, '~~;~~~;~\l\' 7.3 ,9.3.2, l: .~~~.~~~_____, j' 14.2.1, l4.2.2 ' IOlI>WJ>.:M""'''''....'''""'''',, ~."""""'"'" ""',,,,,,,,,,,"" ' ..C: 4.9.4.2, l2.2.6, 13.7 3.3.l,4.6.l2, 4.6.l7, 5.2.2, 5.2.4, 7.4, l1.3.l0 2.3, 3.2.l, 3.5.l, 3.7.3, 3.l2.8, 3.l2.11,3.l7, 3.l8,4.6.1O, 4.6.l2, 4.6.l9, 6.2.2, 9.4.3,9.6.4, 9.10.4, 10.1.4, 10.2.5, l1.1.2, lU.l, l1.3.7, 13.4.2, 13.5.2 2.2.l, 2.2.4, 3.2.l,3.7.3, 3.8.2,3.10, 3.12.5, 3.l5.1,4.6.l, Loss of Use Insurance Material Suppliers Materials, Hazardous Materials, Labor, Equipment and Means, Methods, Techniques, Sequences and AI.A. Document A201/CMaD!; - 1992. Copyright ~ 1992 by The American Institute of Arch1t.ects. All rights re:!le~ed. WARNING: This AJ..A~ Document 18 protected by U - S. Copyright Law and International Trea.ties. Unauthor-ized reprocluotion or distribution of this AIA~ Dooument, or any portion of it, may r&8ult in severe civil ana cri~nal penaltiee, and will be prosecuted to the maximum @xtent possible und~r th~ law_ !hi$ draft was produced by AlA software at 13:22:42 on 12/05/2006 under Order No.10Q02614S0_1 which expires on 9/29/2007, and is not for resale. u..,,, Note., (3%07627051 9 Procedures of Construction Minor Changes in the Work MISCELLANEOUS PROVISIONS Modifications, Definition of Modifications to the Contract Mutual Responsibility Nonconforming Work, Acceptance of Nonconforming Work, Rejection and Correction of Notice Notice, Written Notice of Testing and Inspections Notice to Proceed Notices, Permits, Fees and Observations, Architect's On-Site 3.3.l,4.6.6, 4.6.l2,9.4.3 1.1.1,4.6.13, 4.7.7, 7.l, 7.4 13 Observations, Construction Manager's On-Site Observations, Contractor's Occupancy 9.4.4,9.5.l, 9.1O.l, l2.1.1,13.5 9.4.4, l2.1.1 1.2.2,3.2.2 g:~, 9.8.l, 9.9 "l1.3.1l 4.6 ,4.6.16, 4.7 t!J "~:.1,d,I,^,,, """,~,,,~,,,,,,..,,,,,,,,,,,,._,,,,""'" 9.8.2,9.9.2, ~:~t~~.'~'~9, 4.7~, 9.4.4, 9.541,9.1O.l, rf's r:<j:i4,9.5.1 P" ". 8.2 , l1.3.9, l2. , l2.2, 13.5.'2;" l'4Tf .4j 3.14..-2"_"".~.,, ".,,,......."".""".., 4.6.7,4.9.5, 6, l1.3.7, ..,,,""""''''''] l2.1. 2, l2.2.5 """,,"".......11." """, 2 ,,""".,.,''''''''''' ("",'."''-'''.'''' 2.l "II'" ..11'''' . iz:(i,}.k" . ,,,, ] I ,4. 6:1;'4..ti.4, " . '. ! 0; '91,~Q.1.4, . '''". i 10.1.6, i'I~'2l " i.." l1.3, 13.5.l, ~"" '.....,.., l4. 1. 1.5, l4.1.3 ."",""; 3.8.k5':2+;... ' . " , J I~:;:;;ti-J. \ \/':'",. ,.".",,- i9.3f 9.3.2" " 111L~:14~j C___,. 2.2.l, ~ ..1'l:trl':.S"."..."."""".....-'''..''.--...''.ll'',"'''".".l 11.2 ". "'""~ l ..'."."'"".,,,,,J ">""'_>.Wi&'"""""'-"~~""".""""""."~'"'h, ""\ \ \ \ l II ).:1 I/" :-i<.,i"""""~"'''c'-~~'",w."" '\ ~:~tl"~:~:~' 2.4 l2.2.4, t14.; .2.2 . 6.3 L",."""..""""_"_,_____,,,.,.,,,,..,,.. Ji, ><W<"""""~"'''''"~''''''"'~<'''''<W"'_~'''''~,,",'\<< 'I<;.,!.,~, \ 1.1.1 1.1.1,1.1.2, 3.7.3,3.11, 4.1.2, 4.6.l, 5.2.3, 7, 8.3.l,9.7 6.2 12.3 On~Site Inspections by the Architect On-Site Observations by the Architect AlA. Document A201/CMa!l!ll - 1992. Copyright @ 1992 by The American Institute of Archit@cts_ All rights re.l!iervi:!d_ WARNING: This AIAiII Document is pt'otilitcted by U.S. Copyright Lil.w and International Treatiee. Unauthorized reproduction or dil!ltribution of this AIA. Doc~ntl' or any portion of it, may rilit9ul~ in lI!Ievere civil and crimina.l penalties, and will be prosecuted to the rna.Jeiwum extent poElsible lJm1i1il1r thil!!l li!l.w. This dra.ft was produced by AlA software at 13:22:42 on 12/05/2006 under Orde.t No.1000261480_1 whic:h expires on 9/29/2007, and is not for re.sale. User Notes: (3560762705) 2.3.l,4.7.5.2, 9.5.2,9.8.2, l2, 13.7.1.3 2.3, 2.4, 3.2.l,3.2.2, 3.7.3,3.7.4, 3.9, 3.l2.8, 3.l2.9,3.l7, 4.7,4.8.4, 4.9,5.2.l, 5.3,5.4.1.1, 8.2.2,9.4.1, 9.5.l,9.7, 9.10,10.1.2, 10.2.6, l1.1.3, l1.3, l2.2.2, l2.2.4, l3.3, 13.5.l, 13.5.2, l4, 2.3, 2.4, 3.9, 3.l2.8, 3.l2.9,4.7, 4.8.4,4.9, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.l,9.5.l, 9.7,9.10, 10.1.2, lO.2.6, l1.1.3, l1.3, l2.2.2, 12.2.4,13.3, 13.5.2, l4 13.5.1,13.5.2 On-Site Observations by the Construction Manager Orders, Written Other Contracts and Contractors OWNER Owner, Definition of Owner, Information and Services Required ofthe Owner's Authority Owner's Financial Capability Owner's Liability Insurance Owner's Loss of Use Insurance Owner's Relationship with Subcontractors Owner's Right to Carry Out the Work Owner's Right to Clean Up Owner's Right to Perform Construction 8.2.2 2.2.3,3.7, 3.13,7.3.6.4, lO.2.2 4.6.5,4.6.9, 4.6.10,4.7.6, 10 with Own Forces and to Award Other Contracts Owner's Right to Stop the Work Owner's Right to Suspend the Work Owner's Right to Terminate the Contract Ownership and Use of Architect's Drawings, Specifications and Other Documents Partial Occupancy or Use Patching, Cutting and Patents, Royalties and Payment, Applications for Payment, Certificates for Payment, Failure of Payment, Final Payment Bond, Performance Bond and Payments, Progress PAYMENTS AND COMPLETION Payments to Subcontractors PCB Performance Bond and Payment Bond Permits, Fees and Notices 2.3,4.7.7 PERSONS AND PROPERTY, PROTECTION OF Polychlorinated Biphenyl 3.13, 7.3.6.4, 10.2.2 10 10.1.2, U:1.3' 10.1.4 3.l .2 3.1 ,3.12, 4.2IT.,,.,.,,,,. 4.6.5,4.7.4, 8.21"'"'''''''''' 14.7t,9.3, 9.6 9.8.3, l?l .3, 13.6, l4.2.3 n rl 12.2b 4.6~17 ! I ' I~ ~.t :.~:,..,~,.~:Lj ..."'--.-'...-""""") ~ ( k"".".,,, '. ,," ., """",,,,,,,.,,_.,...,,,,,..,,,,,,,,,,,,.__,,,,,,,..,, '.," 1.3,3.6,3.7, ,.",,,,.'''l II"" J 3.13,4.1.l, /"""""'"'' """ll" ~:~:J r""'~'"'''''' t l3 . 5~l";"" IJ;5.2"."~~":6;'''',,,,, . l4 ""II,,,,,,,,, "'" 1 4 6 1 0 ""'~,>"'" \1'~ 3.5. , .., '''-,,,_ """"1 l2.2. ""'''"",'...., I 9.10.2 >>,1 ".' , 0,'i':t!></' i ""II I " I''I''~ <i!~~. :i##i'~'~'.''""."'>V''''~ "-1,,,, ~d.2, ~.~?~,,!, \ d' p.l~'7, 6.2)\ \ / /",,#" 18.2{l,9.3.3, ' It"., !9.413,9.5.l, (/ i9.812,9.l0.l I;:~ t~l,~~~.',J '''' .""'.''''''_'''''''''.'''.' 14.6.l,4.6.l7, . '5:1:1; 5:T2;"~'--"."-"._'.""'''' ,I 13.2.1 4 8 4 9 .".,.",."',,.-___, . ,. .I't~",,~"'t,". ~ t(z,~6,~~\ ~:~ ,9.6.2, , \ 9.8 ,9.9.l, I I 9.l .2, 9.l0.3 ~ i l.2 ,3.2, I 3.7.3,3Trr".----."..-.' 11 l4.3 l4.2 1.1.1,1.3, 2.2.5, 5.3 Product Data, Definition of Product Data and Samples, Shop Drawings Progress and Completion AlA Do~wnent A201/CM.!I!II - 1992. Copyright @ 1992 by The Americ~n Ih::;;ti tute of Architects. All righte res~rvE!ld. WARNING: This AlAe Document is protected. by u.s. Copyright Law and Int4!!llrn&tiona.l Treaties. Unauthorized reproduction or dist~ibution of this AlA.e Docurn~illnt, Qr any portion of it, may rel!:ult in sevare civil and criminal penalties, and will be pt'oseouted to the maximum. extent possible under the law. This dra.ft was produced by AlA software a.t 13:;22:42 on 12/05/2006 under O;t"der No.1000261480~1 which expi;t;es on 9/29/2007, and is not fOl:;" resale. Us<or Notes: [3560762705) 9.6.6,9.9, l1.3.11 3.14, 6.2.6 3.17 4.6.9,9.2, 9.3, 9.4, 9.5.1,9.8.3, 9.10.1, 9.l0.3, 9.10.4, l4.2.4 4.6.9,4.6.l6, 9.3.3,9.4, 9.5,9.6.l, 9.6.6,9.7.l, 9.8.3,9.10.l, 9.10.3, l3.7, l4. 1. 1.3, l4.2.4 4.7.7,9.5.1.3, 9.7,9.l0.2, l4.1.1.3, l4.2.1.2 4.6.l,4.6.l6, 4.7.2,4.7.5, 9.10, l1.1.2., l1.1.3, l1.3.5, 12.3.1 7.3.6.4, 9.10.3, l1.3.9, 11.4 4.7.4,9.3, 9.6.9.8.3, 9.10.3,13.6, l4.2.3 9, l4 Progress Payments Project, Definition of the Project Manual, Defmition of the Project Manuals Project Representatives Property Insurance PROTECTION OF PERSONS AND PROPERTY Regulations and Laws Rejection of Work Releases of Waivers and Liens Representations Representatives 5.4.2,9.5.1.3, 9.6.2,9.6.3, 9.6.4, l1.3.8, l4.2.1.2 lO.1.2, 10.1.3, 10.1.4 7.3.6.4, 9.10.3, l1.3.9, 11.4 2.2.3,3.7, Resolution of Claims and Disputes Responsibility for Those Performing the Work Retainage Review of Contract Documents and Field Conditions by Contractor Review of Contractor's Submittals by Owner, Construction Manager and Architect Review of Shop Drawings, Product Data and Samples by Contractor Rights and Remedies Royalties and Patents Rules and Notices for Arbitration Safety of Persons and Property Safety Precautions and Programs Samples, Definition of Samples, Shop Drawings, Product Data and Samples at the Site, Documents and Schedule of Values Schedules, Construction Separate Contracts and Contractors Shop Drawings, Definition of Shop Drawings, Product Data and Samples Site, Use of Site Inspections Site Visits, Architect's Special Inspections and Testing Specifications, Definition of the Specifications, The 3.10.1, 3.1O.3,3.ll, 3.l2,4.6.l2. 4.6.16, 5.2.l, 5.2.3,9.2, 9.8.2 3.l2.5 Statute of Limitations Stopping the Work Stored Materials 1.1.7, 1.2.4, 1.3, 3.11 4.9.4.2, l2.2.6, 13.7 2.3,4.7.7, 9.7,10.1.2, fl'O--:1' l4.l 6.211, 9.3.2, 1O.f.1.2, I j ~}{ :,11~."._.".",."...",,,,,.,,.~_,...,,....,..,~ 15.141' ...,...,...,.,.......__._."""""......J is I U.2~, 3.3.2, :3"12.1,4.6.6, ~'l1O' 5.3, 5.4 !'~'" I S.3 5.4, I 9.3 1.2, 9.6.2,1 19.6 , 9.6.4, "~ Ij~':~:"",,,,,,,,,,-, . . , ,l.1"J.8".""".",,,..,,,, l4.1.1, l4.2.1.2, 14.1.3 "",I ~,,,.,,,i~0W '" l.3, 3.2.3, .."...".,,~""""- I'" ..". ,0' 3; ~9",J:I l~ II""''''''] 1 ,3.12,4.,p.H';,", r5.2:1~::5.2.3, , .7.' '...", . 3"9,,,9 .2, -,.".... 9.3.l, !t'8~,.,,, .... 9 .9.l, 9.1 0.2, '-'~'...."..".. 9.10.3,11.1.3 6.1.1, l1.3.5, 11. .l6,J:!}, .l}(8.2.3;" .S{9.9.l, l2.~.l, h2.~.2, 13.7 ~9.811 I' 'I ! ",-,,,,..,-.,, ,5.2.3, 5.2.4 ",--'''.''l J '~.M.'..."W,~"""""""o'r.<:"'..,..<w.,,",.~=""=""'>=<'" 4.4 4.4 I ,~i_ "W "",,,,~"..''''IIJ .,,.., >O"<<'~~~<~ /' ",\ \ \ 1.1.2, 2.3, 2.4,3.5.l, 3.l5.2, 4.6.10,4.7.6, 4.9, 5.3, 6.l, 6.3, 7.3.l, 8.3.l,9.5.l, 9.7, 10.2.5, 10.3, l2.2.2, l2. 2.4, 13.4, l4 3.17 4.9.2 Subcontractor, Definition of SUBCONTRACTORS Subcontractors, Work by Subcontractual Relations 3.A.'l (1. 14.7 ~3' , Ji' 3.9 lOd,L~____,__",.~ 1.2.4, 3.3, . ,~~,-"--"--'"-'-"" 4.7.4, 6.2.4, 10.2 4.6.6,4.6.l2, 10.1 3.l2.3 3.11,3.12, 4.6.l2 3.11 Submittals AlA Docum~nt A201/CMa- - 1992. Copyright ~ 1992 by The A.fne;rican Institute of Architects. All rights rE!lservi:!d. WARNING: This AlA. Document is proteoted by U.S. Copyright Law and International Treaties. Unauthorized rept"oduction or di8tribution of thie A.lA.iIl Document, or any portion of it, may re9ult in E1eVere civil and criminal pl!IInalt.iea, a.nd will b& prosecuted. to the ma.ximum liIJCtent pOEl9ible under the law. This draft was produc@d by AlA. .software at 13:22:42 on 12/05/2006 under Order No.1000261480_1 which expires on 9/29/2007, and is not for resale. User Notes, (3560762705) 9.2, 9.3.1 3.10 l.l.4 Subrogation, Waivers of 3.l2.1 Substantial Completion 3.11,3.12, 4.6.11, 4.6.l2,4.6.l5 3.13,6.1.1, 6.2.l 1.2.2,3.3.4, 4.6.5, 4.6.l6, 4.7.6,9.8.2, 9.1O.l,13.5 4.6.5,4.6.9, 4.7.6,9.4, 9.5.1,9.8.2, 9.9.2,9.1O.l, 13.5 4.6.10, l2.2.l,13.5 1.1.6 Substantial Completion, Definition of Substitution of Subcontractors Substitution of Architect Substitution of Construction Manager Substitutions of Materials Sub-subcontractor, DefInition of Subsurface Conditions Successors and Assigns Superintendent Supervision and Construction Procedures 1.1.1,1.1.6, 12 Surety Surety, Consent of Surveys Suspension by the Owner for Convenience Suspension of the Work Suspension or Termination ofthe Contract Taxes Termination by the Contractor Termination by the Owner for Cause Termination of the Architect Termination of the Construction Manager Termination of the Contractor TERMINATION OR SUSPENSION OF THE CONTRACT Tests and Inspections TIME Time, Delays and Extensions of Time Limits, Specific Time Limits on Claims 7.1.3,7.3.4, 8.2,8.3.1, 10, l2, l4 4.8.1,4.804, 504.1.2, 9.10.2, 9.10.3, l4.2.2 9.10.2,9.10.3 2.2.2,3.l8.3 14.3 Title to Work UNCOVERING AND CORRECTION OF WORK Uncovering of Work Unforeseen Conditions Unit Prices Use of Documents 4.8,4.9 9.3.2,9.3.3 12 12.1 't:i.[' 8.3.1, lO. 7.l ,7.3.3.2 1';:;~~}h:7:""""-""'"""""""""""".'] I;:ir~~~'.'~':"""-'"~~~--''-'.''''-.''''''' ;6.2~l - I !~:~j9.3.1 4.7.5,4.9.l, 1'9"11.3 '~l 113. .2 ) -; 1 I' I 9.1 A, i 11 ~h ~39~~1 I ~ 4. ~i I 19.9. j';' 9:rO':'J;' """'Id"""""'l nl,"3.-.-3r"""'~""""'.'--' .,,,, .ll'_____~''',) l1.3.5, l1.3.7, 1304.2 9.10.2 6.1.1, 1 11.3 '].,,, 'J ~,. "",..,-- !::I.~, 4."g,~},6';' 14.7~:9J), '< """1"""" 9 :'8-:2.,,2,:,? .l , "....~,~ l2.2.2, "....,.... 13 . 7 .1. 3 """ ...... 4.7.8.2 4.9.4 4.7.7,5.4.2, l4.1.1.4, l4.3 4.7.7,5.4.1.1, l4 3.6, 7.3.604 14.1 Use of Site Values, Schedule of Waiver of Claims: Final Payment Waiver of Claims by the Architect Waiver of Claims by the Contractor Waiver of Claims by the Owner ';'3'.ir's';1 'Ii 1 .2,4.704,; 5,9.3.2, 9.82,9.9.l, 9.l .2, 9.l !10.1.2, 'ro'~r'37""""'-~-"'--""'-"''''''''''''''''" "'---"', l1.3.1, ll.3.lj.----,........" l1. . l, 13.2~ ""- l.4.2 .- "\ \ .6. , \ " .6 9,4.7.7 " , 2.3 2.4,3.9, . ;; j3.l .8, 1 ,J.lt.9,4.7.1, I i; 14. 7.6~~r;fcr:..'---,--J j ~.~4:-l, -_....,. 5.2.l,5.3, 5.4.1.1,14.2 4.4 4.4 l4.2.2 14 Waiver of Liens Waivers of Subrogation AlA Dooument A201/CMa.~ ~ 1992. copyright e 1992 by The: American lh~titute of Archit@cts. All righte ~eee:rved. WARNING: This AIA~ Dooument is protected. by U.S. Copyright Law and International Treaties. UnauthorizAd. reproduction or distribution of thie M.A. Document, or any portion of it, may result in S8ve:rilill civil a.nd criminal penaltiilills, and will be prosecuted to the maximum. extent possible l,;mdii:r th~ 13 la.w. This draft was produced by AlA software: at 13~22:42 on 12/05/2006 under order No.l,000261460_1 which expires on 9/29/2007, and is not for :tesale. U.er Not...: (3560762705) 3.3.3,4.6.10, 4.6.l6,9.4.3, l2.2.1, 13.5 8 4.7.8,7.2.l, 8.3 2.1.2,2.2.l, 2.4,3.10, 4.6.l8,4.7, 4.8.1,4.8.3, 4.8A,4.9.l, 4.9.4.1 , 4.9.4.2,5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2,9.3.l, 9.3.3,9A.l, 9.6.l,9.7, 9.8.2,9.10.2, l1.1.3, l1.3.6, l1.3.10, l1.3.11, l2.2.2, l2.2A, l2.2.6, 13.7, l4 4.7.2,4.7.3, 4.7.6,4.7.9, Warranty and Warranties Weather Delays When Arbitration May Be Demanded Work, DefInition of Written Consent Written Interpretations Written Notice 5.4.1.1,8.2.2, 9.4,9.5.l, 9.7,9.l0, 10.1.2, lO.2.6, 11.1.3, l1.3, l2.2.2, Written Orders 12.2.4, 13.3, 13.5.2, l4 2.3,3.9, 4.7.7,8.2.2, 11.3.9, l2.l, l2.2, 13.5.2, . .l J AlAe Ooownent, under the and is not 14 AlA Docwn&nt A201/CMaf1'll - 1992. copyright ~ 1992 by The American Insti,tute of Archit@cts. All .t"ightl!i reserved.. wARNING: This Document i~ protected by U.S. copyright Law and Int&rnational Tr&aties_ Unauthorized reproduction or distribution o~ this AIA~ or any portion of it, may reeult in severe civil and criminal penalties, and will be pr08ecuted to the maximum extent possible law. This draft was produced by AlA software a.t 13:22:42 on 12/05/2006 under Order No.l0D0261480_1 which expires on 9/29/2007, for resale. User Not&s: 13560762705) ARTICLE 1 GENERAL PROVISIONS ~ 1.1 BASIC DEFINITIONS ~ 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter 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 signe both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor chan e iQ the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents d nclt include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bi4!~!~""~~J2!~,J:.~rE1.1.:__.,~,,,__ the Contractor's bid or portions of addenda relating to bidding requirements). r..,.,~"".,..,-"~.._-,,~,,-,._,,--_.J ~ 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the tir+ and integrated agreement between the parties hereto and supersedes prior negotiations, representations or gr~ments, either written or oral. The Contract may be amended or modified only by a Modification. The Contract DocUments shall not be construed to create a contractual relationship of any kind (1) between the Architect and Co ffa~tor, (2) be~~en the Construction Manager and Contractor, (3) between the Architect and Construction Manag , (rbetweentetwner and a Subcontractor or Sub-subcontractor or (5) between any persons or entities other than e wner an Co~tra~tor. The Construction ~anager and AJ:c~tect shall, however, b~ enti~led to perfo nc and enfo ce ent of obhgahons under the Contract mtended to faclhtate performance of their duties. I I' ! ~1.1.3THEWORK t.",j L,,,,, ,,,,.,,.,_.._, , The term "Work" means the construction and services required by the Contract Documents .whether,wmpl".t".tl 01:._"_,,,,,,,,, partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the project."..,," ,,"'''''~''''''''] ~"'" 1"" ~ 1.1.4 THE PROJECT ""...,""w/' ,"',.",,,,'''''''' The Project is the total construction of which the Work performed under the Contract Docume~~ay b~hOf or a part and which may include construction by other Contractors and by the Owner's oWllf!6rce~,woor mg p so or entities under separate contracts not administered by the Construction Manager. l ""'::'"'-''' ""~.,~'<'''',.x".. "'''''"..~~. ~ 1.1.5 THE DRAWINGS"",.,. '" -" ","" "" The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whe~.. . . issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, -"'""~,,,'''I details, schedules and diagrams. ,':,::t ~ 1.1.6 THE SPECIFICATIONS ."""""""",''\" ,II) The. Specifications ar~ that portion of the Contract Docume~ts consisting of the written req~reqrents'fol', ~ridl;, "",,,,,,, eqUipment, construchon systems, standards and workmanship for the Work, and performanfe qf related s ~i\!e"~,/" ~ 1.1.7 THE PROJECT MANUAL it 4: t/ The Project Manual ~~ the volume usually assemble.d for.the Work which may include the id ng require e s, sample forms, CondltlOns ofthe Contract and SpeclficatlOns. _,_....~"""._, _""'..",' ~ 1.2 EXECUTION, CORRELATION AND INTENT"'" ~ 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identi!)i.sueh:'1msi~ Documents upon request. 1/' ...""...",~-_ "\, , /#"'" '" \, ~ 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor h vifted the site, ", \ become familiar with local conditions under which the Work is to be performed and correl e~ersonal \. observations with requirements of the Contract Documents. ~ 1.2.3 The intent of the Contract Documents is to include all items necessary for the prope ex cution and completion of the Work by the Contractor. The Contract Documents are complementary, a d ~~!i~,,~uired bL.,..._ one shall be as binding as if required by all; performance by the Contractor shall be require only to the extent consistent with the Contract Documents and reasonably inferable from them as being nece .ttrf)f6thtetl the intended results. AIA Document A2.01/CMa- - 1992. Copyright. 0 l!i192 by The American Institute of Architects. All rights r~s~rved. WARNING = this AIA~ Document is protected by U.S. Copyright Law and Internationiiil Treaties. UnauthorizQd reproduction or distribution of thiEil AlA.- Dooument, or any po:rtion of it., may result in II!!IlII!!IIvere civil and criminal ptlInalties, and will be proEileouted to the m&xirnwn extent pOl!lI!!Iible und9r the law. This draft was produced by ;...r.A software at 13:22:42 on 12/05/2006 uhde:t order No.1000261480_1 which expires on 9/29/2007, and is net for .r;e.sa.1e. U...r Notes, (3560762705) 15 ~ 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. ~ 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognizedfIne.nings. , ) ~ i ~ ~ :~.~~~;~~~:~~~S~:~i~:a~~;sH~:~Co~e~:c~:;n~~ ~~;pC:~~~~I~~S;~~t~~H;::: ~~~~:~9~,!he ,~~__,.."_"",.,.,.<''"",.,,'" Architect's service through which the Work to be executed by the Contractor is described. he Contractor may retain I one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor 0 mFl-''UrequiplUttlt ....",.""."..' supplier shall own or claim a copyright in the Drawings, Specifications and other documen s Plfpared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them dlwill retain all common law, statutory and other reserved rights, in addition to the copyright. All copies 0 thein, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on reque's1~'~pon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, a~~- pies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to b us d by the O7..!actor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projec or or additi ns this Project outside the scope of the Work without the specific written consent of the Owner a chitect. T e Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are gr4nte a limited lic se to use and reproduce applicable portions of the Drawings, Specifications and other document~ prtfared by tel Architect appropriate to and for use in the execution of their Work under the Contract Docqmeiifs':"Xlrcopies ~maae"-"""'''''.'j under this license shall bear the statutory copyright notice, if any, shown on the Drawings, &peciticati.OllS al1d Qtber"...,..,...,,,,,,J documents prepared by the Architect. 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 /'" ,""1 copyright or other reserved rights. -,' ".'"' ,,,I ~ ,i"' ,.wr-"~<. "",,.,,,,;< .' l""""",,, ~ 1.4 CAPITALIZATION ,<"""., ,,~"~l l' ~ 1.4.1 Terms capitalized in these General Conditions include those which are (l) specificaVfde1}1led((1) the t;tle of numbered articles or (3) the titles of other documents published by the American Institutt.,~~~~~~. I ~ 1.5 INTERPRETATION """"'''''''' "",.; L_ ~ 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and'I,^a:n,y;::~ '..."""'> and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears''''"", I in another is not intended to affect the interpretation of either statement."'::::~ . ~i" ' ,~~" ''''''''''''-,...\1\w>.>v." ",";' .'<" ARTICLE 2 OWNER,/'\ ii" .l' ~ ~: ~. ~~~~:er is the person or entity identified as such in the Agreement and is referreito ~:~J'~:~ t~<:~'~""" Contract Documents as if singular in number. The term "Owner" means the Owner or the qwnFr's author' ed / representative. ilL ~ 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writin~ in~ . hic' _""''''''_'.'''''! necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's .lien rights. Such j information shall include a correct statement of the record legal title to the property on whicTrlli('fProJecr'is locafea;"'""""-""'''. usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. ~_.~"""'''''~'''*'*''''<<<x~(. ~ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER / "" ~ 2.2.1 The Owner shall, at the request of the Contractor, prior to execution ofthe Agreeme t tpromptly from "'J time to time thereafter, furnish to the Contractor reasonable evidence that financial arrange e s have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution 0 th Agreement, the prospective contractor would not be required to execute the Agreement or to commence th Wi r!5:L~" _.~ ~ 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitation ll'Il&,uttHtr"~"-,,, the site of the Project, and a legal description of the site. AlA Docum&nt A201/CMa- - 1992. Copy~ight I'; 1992 by The American Institute of Archi t@cts. All ~i9hts reserved. W~ING: This AlA. Document is proteoted by U.S. Copyright Law and International Tr4iaties_ unauthorized reproduction or distribution of this AlA. Dooument, or any portion of it, may r4isult in II!U!!lVt!lre civil and criminal penalties, and will be prol!lecuted to the maximwn extent possible under the law. This draft wa.s produced by AlA softwa.re: at 13:22:42 on 12/05/2006 under Order No.l000261480_1 which expires on 9/29/2007, and is not for resale. U.e" Note"' (35607627051 16 ~ 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, 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. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. ~ 2.2.4 Information or services under the Owner's control shall be furnished by the Owner ith reasonable , promptness to avoid delay in orderly progress of the Work. i ~;~~~~ ~:;::~~;~~: :;~j:i~e~::::~s~~n::~~~~::~n~~c~:~~:;~~:c:::~~~~:::s ~~~~~~,:~~'~'~~~~~'~;i~~~=~:~=~,,] ~ 2.2.6 The Owner shall forward all communications to the Contractor through the Constru tio~ Manager and shall contemporaneously provide the same communications to the Architect. " ~ 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumfiitfd herein and " especially those in respect to Article 6 (Construction by Owner or by Other Contractors), icle 9 (Pa~ and Completion) and Article II (Insurance and Bonds). " ! I " ~ t ~ 2.3 OWNER'S RIGHT TO STOP THE WORK ! 1 I i ~ 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requiremints Ef the Co1traclt Documents as required by Section l2.2 or persistently fails to carry out Work in accordancf Wiffi'tne'Contrad'~".--'...'_..".'] Documents, the Owner, by written order signed personally or by an agent specifically so empawen:d~.the..O.wDer-~.,,,.,,,,,,,,,. in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to"".,,"'" exercise this right for the benefit of the Contractor or any other person or entity. ,~,,,""" , /' .",," -:'Nr:;'''"''''~-"' ~".",.o.'~'\' ~ 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK "".,,--,,,, "~"''''t f ~ ~.4.1 ~f ~e Contractor def~ults or negle~ts to caz:y out ~e Work in accordance with the Cfrntras,!~ctiiii'~nts " ~ falls wlthm a seven-day penod after receIpt of written notIce from the Owner to commencqand1:t,nt!!!ue corre tlO of such default or neglect with diligence and promptness, the Owner may after such seven-cfa~od gI~J Contractor a second written notice to correct such deficiencies within a second seven-day period. Iftlxe,C;ontracto .. within such second seven-day period after receipt of such second notice fails to commence and continue t~~t ....,"'". any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such ".,,,.",,,", deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the COn,$~anager's ".,/' and Architect's and their respective consultants' additional services and expenses made nece~lUy by: sUCh~aUlt1/,"'i' neglect or failure. Such action by the Owner and amounts charged to the Contractor are bo~ supiect ~9' or /,!" approval of the Architect, after consultation with the Construction Manager. If payments t~n qr thereaft d Contractor are not sufficient to cover such amounts, the Contractor shall pay the differenCe(o te Owner. ARTICLE 3 CONTRACTOR III ~ 3.1 DEFINITION ,I Lll"'"'' ,,,,,..m,,j ~ 3.1.1 The Co~tr~ctor is ~e person or entity identified as such in the Agreement and is ref~~~ .to", ~?u~hout thi~."".",,~, """,,,, Agreement as If smgular m number. The term "Contractor" means the Contractor or the Coiffi'actor's autlii5i1:leit'" . representative. .""..",,,,, """'''-''-- ~ 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction unsIef Condi~ the '. Contract that are administered by the Construction Manager, and that are identical or substa lall~riUilar to the~e \" f \ Conditions. l \ ~ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR ~ ' J" ~ 3.2.1 The Contractor shall carefully study and compare the Contract Documents with eac 0 er and with ! information furnished by the Owner pursuant to Section 2.2.2 and shall at once report to th C struction Manager_.,._;\ , and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be 1 able to the Owner, Construction Manager or Architect for damage resulting from errors, inconsistencies or om~€efttraet-.~._.. Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it AlA Dooument A201/~B - 1992. copyright e 1992 by The: American Institute of .A.;rchi teets. All rights r8alil~ved_ WARNING: This ~A'" Document ill!!l protected by U.S. copyright Law and International 'l'reaties. Unauthorized. reproduction or distribution of this AlA.. Dooument, or any pOrtion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum 8xt~nt possible un~r the law. This draft was produced by AlA software at 13:22:42 on 12/05/20015 under Order No.l000261480~) which expires on 9/29/2007, and is not for resale. U.er Note.: (3560762705) 17 to the Construction Manager and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Construction Manager and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. AlA. Document A201!CMa.!I!I( - 1992 _ Copyright ~ 1992 by the American Institute of Architects. All :rights reserved. WJ\RNING: This AlA. DOcum8nt is proteoted by u.s. copyright Law and International Tr8ati8~. unauthorized reproduction or di~tribution of this AIA~ OOCUffi8ntl or any portion of it, may result in severe oivil and criminal pena.ltiil!!ls, and will be prOl!Elicuted to the J;naximum extent possible under the law. This draft WaS produce-d by AlA software at 13:22:42 on J.2/05/2006 und@r Order- NO_l000261480_1 which expires on 9/29/2007, and is not for resale. U;!l8r Notes. (3560762705) 18 ~ 3.7 PERMITS, FEES AND NOTICES ~ 3.7.1 Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the building permit and the Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. ~ 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rul d regulations and lawful orders of public authorities bearing on performance of the Work. ~ 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are I altcordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, fthtg2~!!!l9"t.<2! obse[V~'~_~""'M"""'M" that portions of the Contract Documents are at variance therewith, the Contractor shall pro ptly notify the ~ Construction Manager, Architect and Owner in writing, and necessary changes shall be ac mghshed-by applopliate-""'"'' "J Modification. ' I I ~ 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinan e~Jmilding codes, and rules and regulations without such notice to the Construction Manager, Architect and Owner, fue Contractor shall assume full responsibility for such Work and shall bear the attributable costs. i'''~''ll r-" i ~ 3.8 ALLOWANCES , ~ ~ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contr t Qacuments It s covered by allowances shall be supplied for such amounts and by such persons or entities th, Owner ay irect, bUb~ th~ Contractor shall not be required to employ persons or entities against which the Co tra1~~,~,~~:~ rea onable o ~echon. ~ 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay ~i,~""'l in the Work; "",,"'''',,) allowances shall cover the cost to the Contractor of materials and equipment delivered ~ an """,.,.".", all required taxes, less applicable trade discounts; ,,.,..,,w"""""" @ Contractor's costs for unloading and handling at the site, labor, installation cp"sts,~y~, pro t d other expenses contemplated for stated allowance amounts shall be includedl~ t'fie.{::Q!!tract Su d not in the allowances; """"'-' ,",~~ whenever costs are more than or less than allowances, the Contract Sum ~hall be adju~ording ""~"" by Change Order. The amount of the Change Order shall reflect (l) the dIfference between aC'fnal" "le", costs and the allowances under Section 3.8.2.2 and (2) changes in Contractor's costs under Section ''''~'',,,,J 3.8.2.3./~ ,"",...",,~ ''''"'''''''''''' ",.,1'''' I" " ('I#.A ~ 3.9 SUPERINTENDENT .".", " ,/" .J ~ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants w 0 s~be i tt~..lLce "",."" at the Project site during performance of the Work. The superintendent shall represent the on actor, an ....7:-..",,"'" communications given to the superintendent shall be as binding as if given to the Contract . I portant ,fr communications shall be confirmed in writing. Other communications shall be similarly co fijed on wr te request in each case. ~ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE t""..",,..,~,.__~.. LM'----"'le~1 ~ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and subm'irf6rtlie'OWnersana~-'"'""''' ., Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised jlt-~ intervals as required by the conditions of the Work and Project, shall be related to the entire Plpje~t CO,~,!i~"', schedule to the extent required by the Contract Documents, and shall provide for expeditiour'an~,practicable '1 execution of the Work. ,'/ \ 1 i ~ 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and p rfOting the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contra tor or the construction , : or operations of the Owner's own forces. _.__,,"__~J ! .2 .3 .4 AlA Document A201/CMa.!I!I - 1992 _ copyright ~ 1992 by The Aroe:rican Institute of Archi t@cts. All righte ~eserved_ WARNING: This AlA.. Dooument is prot8ct~ by 0.5_ copyright Law and. International Trea.ties. Unauthorized reproduction or dil!;lt.ribution of this M.A. Document.. or any portion of it, may r4illsult in eevere civil and criminal penalties, and will be prosecuted to the maximum ~xt.ent.. possible under the law. 'l'his draft was produced by PoTA. softwa.re at 13:22:42 on 12/05/2006 under Order No.1000261480~1 which expires on 9/29/2007, a.nd is not for resale. Uoer Not...: (3560762705) 19 fi 3.10.3 The Contractor shall prepare and keep current, for the Construction Manager's and Architect's approval, a schedule of submittals which is coordinated with the Contractor's Construction Schedule and allows the Construction Manager and Architect reasonable time to review submittals. fi 3.10.4 The Contractor shall conform to the most recent schedules. fi 3.11 DOCUMENTS AND SAMPLES AT THE SITE f"""li fi 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Dra in~, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to r or4 changes and selections made during construction, and in addition approved Shop Drawings, Product Data, ~!!ll!les and similar_~...."",^",,,.,,",.. required submittals. These shall be available to the Construction Manager and Architect anf shall be delivered to the ;1 Construction Manager for submittal to the Owner upon completion of the W ork. r""~,-~,_",__""","_",,,.,,,,-,,,,J fi 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES . I fi 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially preparel !?J the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to ilrustrate some portion of the Work. \""1 fi 3.12..2 Produ~t Data ~re illustrations, standard s~hedules, perfo~ance ch~s, instruCtions!' brlhureS'.di~~~S and othe, mfonnahon funn,h,d by tho Contrnc'm In illustrate matenals 0' """pm,,,,' fo, ,om, 010n of tho ~ i fitan3.1d2.3dsabmplehs. arhethphYwSiCakl ex.allmbPI~s dwhld' ch illustrate materials, equipment or workmans ip i~~,,~S,!~~~!~h Lu,,,.,,.,,,.,,,, s ar s y W IC e or WI e JU ge . fi 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of " their submittal is to demonstrate for those portions of the Work for which submittals are required the way the "",...,,,'~'"'' ! Contractor proposes to conform to the information given and the design concept expressed in the Contract ".,/,,,,",,," "",,) Documents. Review by the Architect is subject to the limitations of Section 4.6.l2. """""".",,"" ["'"""'''''' .",>'''0.''.''\ .r;,.'II"""'"'",,<-dI>iI, fi 3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in ~cordajlGeWith the' schedule and sequence approved by the Construction Manager, Shop Drawings, Product D+ta, 'S~~s and si ila submittals required by the Contract Documents. The Contractor shall cooperate with the Con~tl'\u:;tion l\l e in' the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals ':;;Vith-r~ated .''''''''' documents submitted by other Contractors. Submittals made by the Contractor which are not required by tli'e"'''""",,, "''''''''''''1 Contract Documents may be returned without action. ""''''''''''''""",J 'I I I ~ 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of h:otr'fu~ingS' ,.' " Product Data, Samples or similar submittals until the respective submittal has been approve y ~~ ~~ns ctio~/,,'''' ",II Manager and Architect. Such Work shall be in accordance with approved submittals. (' " ~'''\ i" ~"",,,,,,,.,,"""" ~ 3.12.7 By approving and ",bmitting Shop Drnwing'. Produc' Data, Sampl" and ,Unilar, Jmlittals, the on[cto' represents that the Contractor has determined and verified materials, field measurements f~ld cons tio criter~a relat~d thereto, ~r will do so, and has checked and coordinated the information con in~d within s ch submittals With the requrrements of the Work and of the Contract Documents. 1 \ ,.., '" " " ll__ _~ , fi 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requireme~{sofilie"C6ntract Documents by the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and ~~ of such deviation at the time of submittal and the Construction Manager and Architect have giv.eIi' writte!l &ppr~val ''', to the specific deviation. The Contractor shall not be relieved of responsibility for errors or ~s~j,9Ifsr~ Shop -'."""'"'''' '\\ Drawings, Product Data, Samples or similar submittals by the Construction Manager's and fu'clftect's approval \, thereof. ; I J ! ' ~ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop DtWitgs, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction anber and Architect on previous submittals. ~""_~___ ___"""_'>A_;<',",""~_~~___~"'",",," AlA Oocu....nt A201/CMil'" - 1992. copyri9ht III 1992 by Ihe I\n;el:ican Institute of Architects. All ";'9hto r.....""..d. WARNING: This AlA" Docum4iitnt il5l protect&d. by U.S. Copyri9'ht Law and International Tt'eatiQs. unauthorized reproduction or di5tribution of this AlAe Document, or any portion of it, may result in s8vera civil I!lnd criminal penalties, and will biB prosecuted. to th8 maximum extent possible under the law. This draft was producE!d by A.IA. software at 13:22:42 on 12/05/2006 under Order No.1000261480_1 which expires on 9/29/2007, and is not for resal@. User Notes: (3560762705) 20 ~ 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. ~ 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. ~ 3.13 USE OF SITE t ~ 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordin ce, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equip ent ~ 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the apIrore--~-"-"'~'~"""""'''''; Construction Manager before using any portion of the site. ~ 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. 1....1 ~_"'" ,. , ~ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or part all ,," complete construction of the Owner's own forces or of other Contractors by cutting, patching, excav in~ or othe . se ltering such construction. The Contractor shall not cut or otherwise alter such construction by oth C~ntractors r b the Owner's own forces except with written consent of the Construction Manager, Owner and chi other Co ac ors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably wi olO:"'rrom'tlie 0 Contractors or the Owner the Contractor's consent to cutting or otherwise altering the W or ~ 3.15 CLEANING UP ~ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materia rubbish caused by operations under the Contract. At completion of the Work the Contractor shall reI~9 om an about the Project waste materials, rubbish, the Contractor's tools, construction equipment, mac!1inefY and ~s materials. (",,- ,.",.,,,..,,,..- I II"~:::::"."",.,, I ~ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Constiil'CtiQp,~ati~y so with the Owner's approval and the cost thereof shall be charged to the contractor."'''''''''''~."" "~...,, ~ 3.16 ACCESS TO WORK 'Il" ~ 3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located. CI.'.''''''''-'''''. N;. ",,,1\.1 ,," ''\, ~ 3.17 ROYALTIES AND PATENTS / /"""""'''' \ \ ,/' , ~ 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend Uill or claim fo~ 1'/' infringement of patent righ" and ,hall hold the Owner. Coostruction M""""" and hchit, t h m!,,, fro If: :: account thereof, but shall not be responsible for such defense or loss when a particular desi n, rocess or ro ct of a particular manufacturer or manufacturers is required by the Contract Documents. Howev r, i the Contr cto has reason to believe that the required design, process or product is an infringement of a patent th " sh ._,._._..........,,, responsible for such loss unless such information is promptly furnished to the Architect. '"."".,,,.,,,,, "Il I , """j .' ..-'" ,/' i i ~ 3.18 INDEMNIFICATION ~ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless t9.e~--" Construction Manager, Architect, Construction Manager's and Architect's consultants, and agept~' and e~~ of ""', any of them from and against claims, damages, losses and expenses, including but not limite i to <j.Utlrru;ys' fees, ....." ". arising out of or resulting from performance of the Work, provided that such claim, damag lo!)S' or expense is 1 attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tan 'b~property" (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in ho or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectl e loyed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage" lo ,,,9E,,~~.e~~e is ....._J caused in part by a party indemnified hereunder. Such obligation shall not be construed to egate, abridge or reduce i other rights or obligations of indemnity which would otherwise exist as to a party or perso . Ii in this SGctWrt._.",,,,,; 3.l8. AlA Document A201/CMaIlll - 19~2. copyright e 1;92 by The American Institut~ of Architects. All rights riliservea. WARNING: Thie A1.A~ Docwnent is protected by U_S. Copyright I...aw and Interniitional TX'eaties. Unauthorized reproduction or distribution o:f this A.lAe Dooument, or any portion of it, may :t"iBsult in severe civil and. criminal penalties; and will .be prosecuted to the maximum extiliint possibllil under 'the law. This draft was produced by AlA software at 13:22:42 on 12/05/2006 under Order No.l000261480_J. which expires on 9/29/20071 and is Dot for resale. Ul!:Ii:!r Not.es: (3560762705) 21 ~ 3.18.2 In claims against any person or entity indemnified under this Section 3 .l8 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section 3.l8 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. ~ 3.18.3 The obligations of the Contractor under this Section 3.l8 shall not extend to the liari;~tt of the Construction Manager, Architect, their consultants, and agents and employees of any of them arising out of ql) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specific tio~/'_<?"LQH~"~"gh:t!!&,"_""_~m''''., of or the failure to give directions or instructions by the Construction Manager, Architect, eir consultants, and f agents and employees of any of them provided such giving or failure to give is the primary aUje"Ofthe"injury at ....1 damage. , i ARTICLE 4 ADMINISTRATION OF THE CONTRACT ~ 4.1 ARCHITECT"'" ~ 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity la"ifi.1l1t practicin , architecture identified as such in the Agreement and is referred to throughout the Contract :pocvments as f s . in number. The term "Architect" means the Architect or the Architect's authorized represeni:ati~e. , ~ 4.2 CONSTRUCTION MANAGER 11 ~ 4.2.1 The Construction Manager is the person or entity identified as such in the Agreeme a~ is referr d t throughout the Contract Documents as if singular in number. The term "Construction Man er 'meanS"tlie -'~~"-'~"'"""'"1 Construction Manager or the Construction Manager's authorized representative. &.,.,..""."~"._...""._..._.",---~,_..".,,,,-' ~ 4.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, ~/"""" Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. ""."'.........../a' -J',i' ~~ ~ 4.4 In case of termination of employment of the Construction Manager or Architect, the '\Vil'~r sbaY"t{ppoint ' construction manager or architect against whom the Contractor makes no reasonable Obje~on'6d"wp-ose sta under the Contract Documents shall be that of the former construction manager or architec(i'espe.x!ivel'y,"-'"""J ""'~, "n ,.l" , ,,:,iil"'"' ~ 4.5 Disputes arising under Sections 4.3 and 4.4 shall be subject to arbitration. """" .""""""""" ""',",,^,,, "\ t ~ 4.6 ADMINISTRATION OF THE CONTRACT "".:~~;ll'. ~ 4.6.1 The Construction Manager and Architect will provide administration of the Contract as ~cribed~ the "",/' Contract Documents, and will be the Owner's representatives (1) during construction, (2) uny( fin~Lrt~yme~iS d~"'" .,,/ and (3) with the Owner's concurrence, from time to time during the correction period desctfe~ .' Secti~ 1 lthe ""..,.", Construction M"""gcr and ^,chitect will ad.;,e and con,ult with the Owncr and will have' U ority to J ou e!Jall' of the Owner only to the extent provided in the Contract Documents, unless otherwise mo fie by writte I instrument in accordance with other provisions of the Contract. ,,( ~ 4.6.2 The Construction Manager will determine in general that the Work is being perform d i al<C.OI e vhth.thc-.....-""""'T requirements of the Contract Documents, will keep the Owner informed of the progress of e Work, and will ' endeavor to guard the Owner against defects and deficiencies in the Work. "'<. ~"'-', """~ "\.. ~ 4.6.3 The Construction Manager will provide for coordination of the activities of other Contract~J:>'.amtt'ffltre--, Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Con ctor shaU,,_ """, participate with other Contractors and the Construction Manager and Owner in reviewing th co """~tion --''',,", "\ schedules when directed to do so. The Contractor shall make any revisions to the constructi n s edule deemed 1 \ necessary after a joint review and mutual agreement. The construction schedules shall cons itu the schedules to be ,,' used by the Contractor, other Contractors, the Construction Manager and the Owner until s bs quently revised. ~ 4.6.4 The Construction Manager will schedule and coordinate the activities of the Contra or4~~~~~~~~th ,_,.J the latest approved Project construction schedule. AlA Dooument A201/0Ma~ - 1992. Copyright @ 1992 by The ~erican Institute of Architects. ~l rights r&s&rv&d. WARNING: This AIA~ Dooument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document., or any portion of it, may re8ult in severe civil and criminal p&nalties, and will be prosecuted to the maximum 6xtent poA8ible under th& law. This draft was produced by AlA software at 13:22:42 on 12(05(2006 under Order No.10002614S0_1 which expires on 9/29/2007, and is not fo;r resale. user Notes; (35150762705) 22 ~ 4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to detennine in general if the Work is being performed in a manner indicating that the Work, when 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 quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. , ^'-'b': ~ 4.6.6 The Construction Manager, except to the extent required by Section 4.6.4, and Arc 'tec will not have control over or charge of and will not be responsible for construction means, methods, techniques, eq en,E2~~L.E!9Cedures,_",>~.._",. or for safety precautions and programs in connection with the Work, since these are solely e Contractor's J responsibility as provided in Section 3.3, and neither will be responsible for the Contractor' faVure"tu t:a:ny uut the".",...n... Work in accordance with the Contract Documents. Neither the Construction Manager nor e Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subconttact~rs, or their agents or employees, or of any other persons performing portions of the Work. ! 1 4"","",,'01""-& ~ 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provide 'illlthe ContracL Documents or when direct communications have been specially authorized, the Owner and Co'tractor shiIi j communicate through the Construction Manager, and shall contemporaneously provide the sanle commu4ica ions to the Architect. Communications by and with the Architect's consultants shall be through the Arqrntect. I Communications by and with Subcontractors and material suppliers shall be through the C ntr1ctor. I Communications lbY and Wditdh othther ArConhu:actors shall be through the Construction Manager an~..s.~~~~.~.,~....", L'"""""""~"'''''''''"J contemporaneous y proVl e to e c ltect. .. "'.", :,,,,".""_'-.!l>O~"""''''M''''''._''''''<*,'''<W~,^'~"_''' ""'", ~ 4.6.8 The Construction Manager will review and certify all Applications for Payment by the Contractor, including final payment. The Construction Manager will assemble each of the Contractor's Applications for Payment with "",,",,"''''l similar Applications from other Contractors into a Project Application and Project Certificate for Payment. Aftel"'''''''''' ..,) reviewing and certifying the amounts due the Contractors, the Construction Manager will submit the Ptp~ """",,,/" Application and Project Certificate for Payment, along with the applicable Contractors' APPliS~jionlri~d:J' cats for Payment, to the Architect. (",,,,,,,,,,,,"" ~ 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications fk;:;;~t~"atIdJ-.b.! certifications of the Construction Manager, the Architect will review and certify the amounts due the,€on..tractors "'~"" d 'll' p' C'fi & P ......" ".., an WI Issue a roJect ertl lcate J.or ayment. """""" """""1' ~ 4.6.10 The Architect will have authority to reject Work which does not conform to the Contract Documents, and ~:"""''''''%'';lj require additional inspection or testing, in accordance with Sections 13.5.2 and 13.5.3, whethe~'Ot"1lQ~ Work is ,"",.,"""" fabricated, installed or completed, but will take such action only after notifying the Constru9!'on ~I~ger.~ubj~91"'/',/) to review by the Architect, the Construction Manage~ will have the aut.horit~ to reject W orl1w~,,}t1i does'~ot ~o~.,,// to the Contract Documents. Whenever the ConstructIon Manager conSIders It necessary or td1able for~ /" implementation of the intent of the Contract Documents, the Construction Manager will hare thority to eq ,.~ additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, h ther or no su Work is fabricated, installed or completed. The foregoing authority of the Construction Ma ag r will be s bj ct to the provisions of Sections 4.6.l8 through 4.6.20 inclusive, with respect to interpretations a~ ~ the i__ Architect. However, neither the Architect's nor the Construction Manager's authority to act" nder this Section 4.6.l 0 l nor a decision made by either of them in good faith either to exercise or not to exercise suc'aiithofifysllall giv'efiSe"-'-' .... ... to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perfonning any of the W ork..,._"-".'''l-,~,." i"" '1\<"-':.,1, ~ 4.6.11 The Construction Manager will receive from the Contractor and review and approv~j\'l1 S,pop-lli;wings',-~"''''' '\, "\\ Product Data and Samples, coordinate them with information received from other contrac;s, ~d transmit to the \ \ Architect those recommended for approval. The Construction Manager's actions will be ta n 'f'ith such reasonable 1 promptness as to cause no delay in the Work of the Contractor or in the activities of other ontctors, the Owner, or , 1 the Architect. I 1 ~ 4.6.12 The Architect will review and approve or take other app~o~riate action upon the .Cclntractor;s'-submittal~-;uch ~'" ! as Shop Drawings, Product Data and Samples, but only for the hnuted purpose of checking4or-eonfMmancc wIth ' information given and the design concept expressed in the Contract Documents. The Architect's action will be taken AlA Oot::ument A201/O:Ia!l!ll - 1992 _ Copyright @ 1992 by 'l'he American Institute of Architects. All rightl!:i reserved. wARNING: This AlAe Docuroent is prott!llct&d. by U.S. copyright Law and International Treaties. unauthorizt!lld. rtiillproduction or di8tribution of this AlA. Documtiillntl or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted. to the maximum i!lIxtent possible unde:r the law. This draft was produced by AlA software at 13:22:42 on 12/05/2006 under Order NO_1000261480_1 which exp:i"l.es an 9/29/2007, a.nd is not for resale. U...r Not..., (35607627051 23 with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or the Construction Manager, while allowing sufficient time in the Architect's professional judgment to pennit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or perfonnance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5 and 3.12. The Architect's review Shatltonstitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any cons cti n means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not i dic te approval of an assembly of which the item is a component. t...,.."~,,,,_,w,,___,,",,__,".,,,",",,,,_,,.,,,,,,! ! ~ 4.6.13 The Construction Manager will prepare Change Orders and Construction Change qirer.'VeS':'---'-"".---"""-"'"",,,,i ~ 4.6.14 Following consultation with the Construction Manager, the Architect will take app~opr ate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authcf:~!Y to order minor changes in the Work as provided in Section 7.4. ~ 4.6.15 The Construction Manager will maintain at the site for the Owner one record copy Drawings, Specifications, addenda, Change Orders and other Modifications, in good order d record all changes and selections made during construction, and in addition approved Shop Dr 'ngs, Pr Samples and similar required submittals. These will be available to the Architect and the C ntr ctor, and delivered to the Owner upon completion of the Project. I I --"--""-''''''''''''''''1 ~ 4.6.16 The Construction Manager will assist the Architect in conducting inspections to debmine.the4a~,,,,,.,,,,-,,-,..,,,,.,,,,,, Substantial Completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contractor. The Construction Manager will ....""'..".'! forward to the Architect a fmal Project Application and Project Certificate for Payment upon compliance w~e'.." ".,~ requirements of the Contract Documents. ./.,. ,."".,.",'''' ,..,., ( ~ 4.6.17 If the Owner and Architect agree, the Architect will provide one or more project rtff'~;~!~"(;;;1tii carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitttio~~!hority I such project representatives shall be as set forth in an exhibit to be incorporated in the Contiat~IJp,,~ume~",,_ ! ''''''>>'''<~''^'\-n'. '" t'''',^,hO ~ 4.6.18 The Architect will interpret and decide matters concerning perfonnance under and requirements Of'tfie"_ll."""",,,,, Contract Documents on written request of the Construction Manager, Owner or Contractor. The Architect's respons"e'~"',,," I to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement '''':~ is .mad~ conc~ming the time within which interpretations required of the ~chitect shall b~ fu~: ',omPliance ,,/'''''''''''' ! With this Section 4.6, then delay shall not be recogrnzed on account of faIlure by the Archite to f'u.ruish s h/ ,." ,m""f'>"M ",""" .:~' ,<<" interpretations untill5 days after written request is made for them. If' "\ ,i'" """,,,,,,"'''' ~ /' ~ 4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of aid r asonably fer 'Ie from the Contract Documents and will be in writing or in the form of drawings. When m g uch inte eta ions and decisions, the Architect will endeavor to secure faithful perfonnance by both Owner a d ntractor, ill ot ,how partia1hy to eith", and will not he liahle fot re,.I" of IDle,!"etatiO", 0' dee;,'o", '0 t. nd . i-.-l g 4.6.20 The Architect's decisions on matters relating to aesthetic effect will be fmal if consisfenf'Wmrme mtent """,,,,.,,.,,,,,.,,.,,..;1 expressed in the Contract Documents. e tly to du t Data, 'n be g 4.7 CLAIMS AND DISPUTES /,' ",,____ ~ 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matt I ofr.jgIii: adjustme~ interpretation of Contract terms, payment of money, extension of time or other relief with r spert to the terms of the '\ Contract. The term "Claim" also includes other disputes and matters in question between Orer and Contractor J arising out of or relating to the Contract. Claims must be made by written notice. The resp si 'ility to substantiate ' Claims shall rest with the party making the Claim. WNN~~""""",""",~~_",,",,,,"~' ~ 4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the onstruction Manager or Architect, shall be referred initially to the Architect for action as provided in Section 4.8. I>i. dCGlst.:m by the Architect, as provided in Section 4.8.4, shall be required as a condition precedent to arbitration or litigation of a AXA Oocument A201/CMa~ - 1992. Copyright @ 1992 by The ~erican Institute of Architects. ~l rights reserved. WARNING~ This ~A~ oocument is prott!lcted by U.S. copyright Law and International Treatie8. Unauthorized reproduction or distribution of this Arft,... Document, or iii.ny pOrtion of it, may result in severe civil and criminal pena.lties, and will be prosecuted to the I1IaXimum. extent possible unde:r the law. This draft was produced by AlA software at 13~22:42 on 12/05/2006 under Order NO.l000261480_1 which expires on 9/29/2007, and is not for resale. US4ilIr Notes: (3560762705) 24 Claim between the Contractor and Owner as to all such matters arising prior to the date fmal payment is due, regardless of (l) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Section 4.8.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. ~ 4.7.3 Time Limits on Claims. Claims by either party must be made within 2l days after cuvence of the event giving rise to such Claim or within 2l days after the claimant fIrst recognizes the condition givt!!!t!l~~,!2~_,^.,.,..". whichever is later. Claims must be made by written notice. An additional Claim made afte the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely m eF--"'-"".""~"'-"--"----'-'-''''-"'"'''''''; \ ~ 4.7.4 Continuing Contract Performance. Pending fmal resolution of a Claim including ar itrajion, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract ~~Jhe Owner shall continue to make payments in accordance with the Contract Documents. ''''''''''1 ~ 4.7.5 Waiver of Claims: Final Payment. The making offmal payment shall constitute a iV},lr ofClai S"bJ the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract d" nsettled; .2 failure of the Work to comply with the requirements of the Contract Docum nts or .3 terms of special warranties required by the Contract Documents. " """"'I> ~,,",,""""'"1<1=,"101" ~ 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the fsite,4Whicb-arli:+l~"....-,,,,,..,,.,W'^'" subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract "'. Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily""," 1 found to exist and generally recognized as inherent in construction activities of the character provided for in t!J.e.-.,.,-'",'., Contract Documents, then notice by the observing party shall be given to the other party promptly befoJ:e-"C'OOditio are disturbed and in no event later than 2l days after fIrst observance of the conditions. The Ar>bitecf~ill pt investigate such conditions and, if they differ materially and cause an increase or decrease ff1h~,,5;p.ntttictor's c st of, or time required for, performance of any part of the Work, will recommend an equitabl~.adjfi~Blltnt in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at tlie-~ are ~ e ial different from those indicated in the Contract Documents and that no change in the terms of the C~'n~ justifI the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either part~',,,,,,,, opposition to such determination must be made within 2l days after the Architect has given notice of the decision. If""."'"'' the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall "",";; "." be referred to the Architect for initial determination, subject to further proceedings pursuant t~"Section'~~;. / ,'" , .,____11.'__,,,,, \ ,/,." __",--" ~ 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase' th 'Contra" S~/ ,,/"" written notice as provided herein shall be given before proceeding to execute the Work. Pri r tice is no re~ir;:ar for Claims relating to an emergency endangering life or property arising under Section lO. . I he Contra tor ,/ believes additional cost is involved for reasons including but not limited to (l) a written int rp tation fro ~ Architect, (2) an order by the Owner to stop the Work where the Contractor was not at faul ,( a written rd r for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5 te .na.tion. th -'~"-"-~"_.''''''*'*'1 conhtrahct by thed Owner'b(l~)hOdwnher's. suspension or (7) other reasonable grounds, Claim sha,."~:,,~~:~,,~,.~~~c~~~~::,,_....,.,,...,..J Wit t e proce ure esta IS e erem. ~ 4.7.8 Claims for Additional Time. ~ 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, writte nOFi '''a~'p;;;~d;d'-''''',,, " herein shall be given. The Contractor's Claim shall include an estimate of cost and of proba Ie ect of delay on \ progress of the Work. In the case of a continuing delay only one Claim is necessary. ] ~ 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such C imjshall be documented " by data substantiating that weather conditions were abnormal for the period of time and co ld ~~!~!:~.~__,,_~_".._. reasonably anticipated, and that weather conditions had an adverse effect on the scheduled onstruction. .--._-------_.__._.,,-"'_.~ AlA Document A201/CMaIlllll: - 1992. Copyright @ 1992 by The AmeriCCin Institute of Archit@cts. All rights reserved_ WARNING: This AJ.Ae Document i51 protectQd by U.S. Copyright Law and International T.t'ea.tieil!!ll. Unauthorized reproduction or di~tribution of this AIA. Document, Or any portion of it, may nt5lult in severe civil and criminal p8na.ltie~, and will be prosecuted to the maximum. ext4imt po551ibl& under the law. 'l'his draft Wa!i produced by AlA .soft-ware at 13:22:42 on 12/05/2006 under Order No.1000261480_1 which expires on 9/29/2007, and is not for resale. U.er Note.: (3560762705) 25 g 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2l days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Sections 4.7.7 or 4.7.8. ~ 4.8 RESOLUTION OF CLAIMS AND DISPUTES r~""'l ~ 4.8.1 The Architect will review Claims and take one or more of the following preliminarr!ac*,ns within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit ~C~J1l~J2J):1!..~i~.!"_1l'_~'''''_ indicating when the Architect expects to take action, (3) reject the Claim in whole or in pa , stating reasons for J' rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compro ist'f-rhC'1\n..hikd 1IlllJ' _"_"11" also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim ! I' f I ~ 4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate doc~~~~tion. ~ 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days 3' r the Architect's preliminary response, take one or more of the following actions: (1) submit additional sup . g data rete~ ed by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim an s. f ~ 4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further id~nce prese te by the parties or requested by the Architect, the Architect will notify the parties in writing that the Ar~itect's de isi n will be made within seven days, which decision shall be fmal and binding on the parties but su~ect'to'arDitratlOn. poii-"~~' II 1 expiration of such time period, the Architect will render to the parties the Architect's writte~ecisicm'&elati"e to tae.,,,,,, ",,,, , " ,I' Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the ", i surety's assistance in resolving the controversy. ..,,>""',....""'" j """.I.:iI'"#11."'tl'''''''' ~~.,yI"",;,";il"'i'''r./I'i''~" ~ 4.9 ARBITRATION ",""""" t1 { ~ 4.9.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising pur~~9~.reraf~ to e Contract, or the breach thereof, shall be settled by arbitration in accordance with the Consttpcti6n"lnQ~stry Arbitration Rules of the American Arbitration Association, and judgment upon the award rentiereg by in i at or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Clai~ittela.t.tng to "",1, aesthetic effect and except those waived as provided for in Section 4.7.5. Such controversies or Claims upon~h"'"""',,1' the Architect has given notice and rendered a decision as provided in Section 4.8.4 shall be subject to arbitration ""'''-''''''''' ! upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has :"";'1 ::.~:: ::o:~::':~::::::::::::::i::o:::I;I:;~O:~ 0' . shall, if subject to arbitration under Section 4.9.l, be decided by arbitration in accordance *.th~he consU;~~"I""'" Industry Arbitration Rules of the American Arbitration Association currently in effect, un! ss t~e parties ~ut~y agree otherwise. Notice of demand for arbitration shall be filed in writing with the other p y f> the Agre me t between the Owner and Contractor and with the American Arbitration Association, and co ies jShall be fil d . th the Construction Manager and Architect. t I.".. '" "" "'"'' --,,,,.,,,,.-'~'1 ~ 4.9.3 Contract Performance During Arbitration. During arbitration proceedings, the Owner and Conrractor shall ~"" "' H , , comply with Section 4.7.4. """.,",'~"--~~ ~ 4.9.4 When Arbitration May Be Demanded. Demand for arbitration of any Claim may not bt;-ril~d; u~l~~"""''''" of (l) the date on which the Architect has rendered a final written decision on the Claim, (2),t6e tyntfiday after th?', \\ parties have presented evidence to the Architect or have been given reasonable opportunity}o df so, if the Architect \, \ has not rendered a fmal written decision by that date, or (3) any of the five events describe! in fection 4.7.2. \ j ~ 4.9.4.1 When a written decision of the Architect states that (l) the decision is fmal but sut1iecqto arbitration and (2) J a demand fo, mbitmtion of a Claim ,",v",cd by mcb deci,;o. m",' be made mthin 30 da~ date on whicb . the party making the demand receives the fmal written decision, then failure to demand ar tration within said 30 days' period shall result in the Architect's decision becoming fmal and binding upon the 0 . AIA Document A201/CMael - 1992. Copyright. ~ 1992 by The American Institute of Architects. All rights reserved. WARNING: This AlA. Document il!l protected by U. S. copyright Law and International Treaties. Unauthorized .t'eproduction or dil!.trihution of this AlA. Documant I or any portion of it, may rillsult in ~uiillvet'e civil and crimina.l p8nalti$e, and will b4i pr058cutiliKl to the maximum extent pO$eible under the lilw. This draft was produced by AlA software at 13:22:42 on 12/05/2006 under Ord@r No.l000261480 1 which expires on 9/29/2007, and is not for resale. - U...r Not..., 13560762705) 26 the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. ~ 4.9.4.2 A demand for arbitration shall be made within the time limits specified in Sections 4.9.l and 4.9.4 and Section 4.9 A.l as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Section l3. 7. ~ 4.9.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to t e clontract Documents shall include, by consolidation or joinder or in any other manner, the Construction Manage , thl~E.!l.!-,!ect, or the_,~.~~,u""""_,, Construction Manager's or Architect's employees or consultants, except by written consent ontaining specific I reference to the Agreement and signed by the Construction Manager, Architect, Owner, C trE l1llJ an} otb~ __,,"".,.~,.J person or entity sought to be joined. No arbitration shall include, by consolidation or joind r 0 in any other manner, parties other than the Owner, Contractor, other Contractors as described in Article 6 and ot er ersons substantially involved in a common question of fact or law whose presence is required if complete relie is t~ be accorded in arbitration. No persons or entities other than the Owner, Contractor or other Contractors as {termed in Section 3.l.2 shall be included as an original third party or additional third party to an arbitration whoseTe" st or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not co sti te conse~no arbitration of a dispute not described therein or with a person or entity not named or descri ed ere in. T foregoing agreement to arbitrate and other agreements to arbitrate with an additional perso or ntity dul co sented to by parties to the Agreement shall be specifically enforceable under applicable law in an co rt having uri iction ~~ I ''''M'',''''":::I,. ".,"""",.,,,,,1' """''''''"='~,""",'',*"",,W'_~'.', O.".,"X~O, \ :1 ~ 4.9.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for n,Dl~_,,,_,,~,J the demand all Claims then known to that party on which arbitration is permitted to be demanded. When a party fails. to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been"",,,,,"""'J acquired subsequently, the arbitrator or arbitrators may permit amendment.,,,,,'''''''''''' .,,' ,,~ """II" <Ii"'#' ......./ ~ 4.9.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be fwal';"'aii"dju~nt I may be entered upon it in accordance with applicable law in any court having jurisdiction *€ieof, , ".,,,,,,.-,,,,, I. ~ ~'"'." '., " j' j ARTICLE 5 SUBCONTRACTORS ' "'" """"'''""JI ~ 5.1 DEFINITIONS, I"". ~ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a po~e """""'''' Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in "~"'''"..,.". J number and means a Subcontractor or an authorized representative of the Subcontractor. The term" Subcontractor" "'''';''1 does not include other Contractors or subcontractors of other Contractors.",,,,,"''''''''''~ /,.r! /t '\ <~,....' ",/ ~ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract withf' ub~'b~tr~C'to( t~\ 1/"" /,,,,,,,,,,,, perform a portion ofthe Work at the site. The term "Sub-subcontractor" is referred to thro hOft the contacr- /,,,,, Documents as if singular in number and means a Sub-subcontractor or an authorized repre nt tive of the SUb[' subcontractor. ~ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WOR~''''''''H.~J ----""-",," ~ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the ~ontractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction ManagerlOrteview15yllie Owner, Construction Manager and 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 'Y9l'~l'h'e'"-"-'""" Construction Manager will promptly reply to the Contractor in writing stating whether or n~o"Own~~".""",,,_._,.,_ ''''''\ Construction Manager or Architect, after due investigation, has reasonable objection to any ch prc'lposed person"'Ol'-\ \ entity. Failure of the Construction Manager to reply promptly shall constitute notice of no r aS~,1able objection. \ ~ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the 0 I r,~onstruction 1 Manager or Architect has made reasonable and timely objection. The Contractor shall not e r Uired. to contract I with anyone to whom the Contractor has made reasonable objection. _..,_~,_,,___,._,~___, ~ 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a pers the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no AlA. Document A201/CMaIllll: - 1992. Copyright Ii 1992 by Th@ Ame:rican Institute of Architects. All rights reserved. WARN1NG: This AlA.- Document is protected by U.S. Copyright Law and Int.rnat.ion&l TrBiltie8. Uni!l.uthoriziIiiKi reproduction or distribution of t.his AlA- Document, or any portion of it, may r&~ult in severe civil and ori~nal penalties, and will be prosecuted to the maximum ext~nt possible under the law. 'i'his draft was produced by AlA software at 13:22:42 on 12/05/2006 under Ord@r No.100026148D_l which expires on 9/29/2007, and is not for resale. User Notes: (3560762705) 27 reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum 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 change a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such change. ~ 5.3 SUBCONTRACTUAL RELATIONS ~ 5.3.1 By appropriate agreement, written where legally required for validity, the Contracto sh,ll require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be boun to t~,,gg.!lt[~.s!2!:~~...,,,,,,,,,,,.... terms of the Contract Documents, and to assume toward the Contractor all the obligations d responsibilities which 1 the Contractor, by these Documents, assumes toward the Owner, Construction Manager an ~hitect.""Eaelr----,-."."-,.,,....j: subcontract agreement shall preserve and protect the rights of the Owner, Construction M~. ag and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so at subcontracting thereof will not prejudice such rights, and sha.ll allow to ~e Subcontractor, unless specific lY.."rovided otherwise in the subcontract agreement, the benefit of all nghts, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shal're uire each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor sh II ake avai~"'i~ 0 each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the on act Docu e s to which the Subcontractor will be bound, and, upon written request of the Subcontractor, ide ti to the Su co tractor terms and conditions of the proposed subcontract agreement which may be at variance wit th Contract oc ments. Subcontractors shall similarly make copies of applicable portions of such documents avail le 0 their re ec ive 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 assi~nment is effective only after termination of the Contra~t by the Owner for cause I;9~ [/'""...." SectIon l4.2 ~d onl~ for those subcontract agreements which the Owner acc~j~.by hOh~~e Subcontractor m writmg; and r ,." ,......,,,'" : .2 assignment is subject to the prior rights of the surety, if any, obligated unde~bontfr~ting to thi Contract. ". " '''.. -'~---...j "'~~"''-'<<%'" ""~ "- ~ 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be eq~ ...." "" adjusted. ''''.''''''. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS .",r'''........,,''.,"''', ,,/" " , ~ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD O;MiER,J!.9~T~TS. ",""'"'' ",/) ~ 6.1.1 The Owner reserves the right to perform construction or operations related to the Pr ect#jth th~~~S /"'" own forces, which include persons or entities under separate contracts not administered by tetonstructi n /'''''''''' Manager. The Owner further reserves the right to award other contracts in connection with pth r portions f~' Project or other construction or operations on the site under Conditions of the Contract idetftic } or substa tia y similar to these including those portions related to insurance and waiver of subrogation. If e ~ontractor lai s that delay or additional cost is involved because of such action by the Owner, the Contractor Sh~l rl1ake,s lai .as........._,......'.."'l provided elsewhere in the Contract Documents. R it" ".."" '''.'''.'' ""."."..".',.,'"."....._~,~"~,."._,......,........,,,....' ~". ' . i ~ 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall p-!:~'--.'.'_-", coordination of such forces with the Work of the Contractor, who shall cooperate with them. /// ""..,."....__" "." / l">0" ~1, "\ ~ 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs crSition or operations " '\: related to the Project with the Owner's own forces, the Owner shall be deemed to be subjec to e same obligations 1 :1'1 and to have the same rights which apply to the Contractor under the Conditions of the Con act. including, without 1 excluding others, those stated in this Article 6 and in Articles 3, 10, II and l2. I ~ 6.2 MUTUAL RESPONSIBILITY! L.._......,.._ ; ~ 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and othJ...eentra~_..._...,...J opportunity for introduction and storage of their materials and equipment and performance of their activities, and AlA Document A201/CMa!lll - 1992. Copyright @ 1992 by The Amaricah Ihsti tute of Architects. All rights re:!i!:!~d_ WAANING: This MA. DocUJnC!lnt is proteot&d by U.S. Copyright Law and Internat.ional Treaties. Unauthorized reproduotion or distribution of this AlA. Oocument, or any portion of it, IMY result in E1evet'e civil and oriminal p8nalti8s, and will b& prosecuted to the maximwn extent pos!lible Undjj~ th8 law. This draft wa.s produced by AlA software at 13:22~42 on 12/05/2006 uncle); Order No.1000261480_1 which expires on 9/29/2007, and is not for resalE!. U.er Note.: [35607627051 28 shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. ~ 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results, Failure ~mtcontractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractor 'co pleted or partially completed construction is fit and proper to receive the Contractor's Work, except as to defe ts ot then reasonably discoverable. t i ~ 6.2.3 Costs caused by delays or by improperly timed activities or defective construction sIall ~e'bume'~~=~~:'~~] responsible therefor. T : t " ~ 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor/to oompleted construction or partially completed construction or to property of the Owner or other Contr~ao~rs as provided in Section 10.2.5. r-'-;., ~ 6.2.5 Claims and other disputes and matters in question between the Contractor and other' 0 actors Sfll e subject to the provisions of Section 4.7 provided the other Contractors have reciprocal obli ati ~ ns. ~ 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting an pafhing as are described for the Contractor in Section 3 .l4. : ! "....." '., ",.--".... ~,,,,~.,,,.,~.,,,.,. .-.'.'." ~ 6.3 OWNER'S RIGHT TO CLEAN UP "._""",..___"".,..""",,j ~ 6.3.1 If a dispute arises among the Contractor, other 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 as described in Section 3.l5, the Owner may clean up and allocate the cost among those responsible as the ::::O:::E:'I: ::::;n Mili ilie Arebirec, deterrnme, ro be jn"~'''/:J--- (' ~ 7.1 CHANGES i .'-, '"'' I ~ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and witho1tt-~~lidati : Contract, by Change Order, Construction Change Directive or order for a minor change in the W oriC;'SUbject to the"",,,,,, limitations stated in this Article 7 and elsewhere in the Contract Documents. "..,.. "'''''''1 ..,.""., ,.. ",..,..J ~ 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and J"'1 Contractor; a Construction Change Directive requires agreement by the Owner, Construction ~a'ger~ ~chitect./"'" ! and mayor may not be agreed to by the Contractor; an order for a minor change in the W or1yfuaYJ,!~j~8ue<\by th)f/ #,,' ,'l' Architect alone. /' /,\ V "",../ ~ 7.1.3 Changes in the Work shall be performed under applicable provisions of the contraC~D1uments, rd t'" Contractor shall proceed promptly, unless otherwise provided in the Change Order, Constrtcti n Change' ir ct:::' or order for a minor change in the W ork. ~" , ~ 7.1.4 Ifunit prices are stated in the Contract Documents or subsequently agreed upon, an~ if ~~;ti~i;~"~riginail;-"'--"] contemplated are so changed in a proposed Change Order or Construction Change Directive-tlilifapplicatiOi1(5'f'"sucn"---"- unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. .......- ~ 7.2 CHANGE ORDERS i .--,.".,". "', ~ 7.2.1 A Change Order is a written instrument prepared by the Construction Manager and fgne/bY the Owner, "I Construction Manager, Architect and Contractor, stating their agreement upon all of the fo owfng: .1 a change in the Work; , j .2 the amount of the adjustment in the Contract Sum, if any; and l l i .3 the extent of the adjustment in the Contract Time, if any. l' ."._""'._..,..._____J ~ 7.2.2 Methods used in determining adjustments to the Contract Sum may include those lis d-in-Scctton 7.J.J. AlA Document A201/CMa.!I!Il - 1992 - Copyright ~ 1992 by The American Irl$ti tute of Archi tects. All rights resE!lrvt:!d_ .ARNlNG: This AIA. Documt!!lnt is protilitcted. by U.S. Copyright Law and International Trea.t.ies_ Unauthori2ed .reproduction or distribution of this AlA. Dooument, or any portion of it, may t'ilitlilult in severe oivil and criminal p4ii1:nalti4u!I, and will be proeecut&d to the lM.xifnUln iIiiIIxtent poII!!Ill!lib1e und4iillr the law. This draft Was produc@d by AlA softwar@ a.t 13:22:42 on 12/05/2006 under Order No.1000261480_1 which expires on 9/29/2007, and is not foX" resale. USilillr Notes: (3560762705) 29 ~ 7.3 CONSTRUCTION CHANGE DIRECTIVES ~ 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work and stating a proposed basis for 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. r""l ~ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on fhe erms of a Change Order. : ""'''''"'' ", "', '''''''''l_'_"'"'__''''''_'~,,,,,,_, """"'''''''''~''1 m:ljustmeut /SkU be--'-.",''....J ~ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Su , based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by suffic ent ubstantiating data to permit evaluation; unit prices stated in the Contract Documents or subsequently agreed upon; cost to be determined in a manner agreed upon by the parties and a mutuallyfacCFptable fix!?stor percentage fee; or '! I .4 as provided in Section 7.3.6. j' : ! , ~ 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proteeJ with the ~ha e in the Work involved and advise the Construction Manager and Architect of the Contractor's gre~ent or I disagreement with the method, if any. provided in the Construction Change Directive for d teIllllliiilg11ie proposea "" ,- "-"'1 adjustment in the Contract Sum or Contract Time. "",,.m """--'__n_,." _,._.._ "I .2 .3 y ~ 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor ,,,,,,__""",, I therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Suc~"" ",'" J agreement shall be effective immediately and shall be recorded as a Change Order. .._,,~ ,..-""' ~ 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjusttp'eIrt~;:~OJ'i.~5ac sur, the method and the adjustment shall be determined by the Construction Manager on the ba*s o~nable r expenditures and savings of those perfonning the Work attributable to the change, including~~~e ~hlr-' r as4 in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under S'e~ 7.3.3.3, l the Contractor shall keep and present, in such fonn as the Construction Manager may prescribe, an itemize~',., '"'m '''''", accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, cost~""''''',,,,, for the purposes of this Section 7.3.6 shall be limited to the following: ~.:3 .1 costs oflabor, including social security, old age and unemployment insurance, ~J;i.age'b'elK;ftts ,,,,,,.,/'" I required by agreement or custom, and workers compensation insurance; /' 'I..'''..... "'~._.r',/'J. ."..'" .2 costs of materials, supplies and equipment, including cost of transportation, he91er inc()~or V or ,j'/'" consumed; , r 1'"., .3 rental costs of machinery and equipment, exclusive of hand tools, whether r n1t from the onr-~tor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or si ilar taxes r lat d to the Work; and ...._--""--,,, '"',,''''''' _.."."_""""""..,,",,.., .5 additional costs of supervision and field office personnel directly attributabl to the change. ' ~ 7.3.9 When the Owner and Contractor agree with the determination made by the Constru the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upo ~ 7.3.7 Pending fmal detennination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or ch~~S""",., in a net decrease in the Contract Sum shall be actual net cost as confmned by the ConstructioI}Manag~th"",",,, additions and credits covering related Work or substitutions are involved in a change, the all 'wanye-for overhead ""'" \ and profit shall be figured on the basis of net increase, if any, with respect to that change. I \ g 7.3.8 Ifthe Owner and Contractor do not agree with the adjustment in Contract Time or e detennining it, the adjustment or the method shall be referred to the Construction Manager I ! ion Mm;:;;:gerc~~eming __J I m:ljustments, such -".._, AIA Docmrnent A201/CMa!lll - 1992. Copyright e 1992 by Th@ American Institute of Architects. All righte resl!!lrvsd. WAIlli"ING: This AlA" Document is prot8cted by U.S. Copyright Law and Internation.l Treati89. Unauthori~Qd r8production Or di8tribution of this AJAe Dooument, or any portion of it, may result in Severe civil And ariminal p8naltieEi, and will be prosecuted to the maximum extent possible undiliilir the la.w. This draft was produced by AlA. software at 13:22:42 on 12/05/2006 under Order No.l00D261480~l whtch expires on 9/29/2007, and is not for resale. Use" Notes: 135607627051 30 agreement shall be effective immediately issued through the Construction Manager and shall be recorded by preparation and execution of an appropriate Change Order. ~ 7.4 MINOR CHANGES IN THE WORK ~ 7.4.1 The Architect will have 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 shall be effected by written order issued through the Construction Manager aptt'rall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. i . \ , ARTICLE 8 TIME i , I ." "W""""".II___,~__.,.",..._,.,,,..._.,,_.,..,,... 'i ~ 8.1 DEFINITIONS i! ~ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including aUthorize! adrstmettb, <diatted ill "___._,,,,_...1 the Contract Documents for Substantial Completion of the Work. , ~ 8.1.2 The date of c.ommencement of the Work is the date estab lish~d in the Agreement. T .:.,~"te shall not be postponed by the fatlure to act of the Contractor or of persons or entlties for whom the Contractor is responsible. ~ 8.1.3 The date of Substantial ~omPletion is the date certified by the Architect in accorda ce ~ith sectif 9(' ~ 8.1.4 The term" day" as used ill the Contract Documents shall mean calendar day unless 0 ery,vise speci lca ly defined. , i ~ 8.2 PROGRESS AND COMPLETION Ii,,,, "".." ~ h _....--'._n.'''~''>t ~ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By utill-!},tb..~_,__"."J 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, prem~f''''''':'::] co~ence operations on the site or elsewhere prior to the effective date of insurance required by ~sJ.e--,K1O ber ......-"'''' furnished by the Contractor. The date of commencement of the Work shall not be changed by tlJ.e.d:tective@o such insurance. Unless the date of commencement is established by a notice to proceed givffl'bY,!J;!e,~~r, t Contractor shall notify the Owner in writing not less than five days or other agreed period ~efo~encing he Work to permit the timely filing of mortgages, mechanic's liens and other security interests.'''''',."""", '''"",_"", ; ----.".", t ~ ~.2:3 The Contracto~ shall proceed expeditiously with adequate forces and shall achieve Substantial C~~PI~"'::~:"'''''''''J wlthin the Contract Time.,..,,, ~""""" ~ 8.3 DELAYS AND EXTENSIONS OF TIME , ,,' .... ",,/"''''''''1 ~ 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect 0 the ()~er's "<\wn ,.,,/ ,,,,,,,) forces, Construction Manager, Architect, any of the other Contractors or an employee of an of,rllem, ot--~y l\hlW'ges.,..../,..-' ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable cas alfes or othet ca\{se~/ beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, r b other cau~es r"Ch the Architect, based on the recommendation of the Construction Manager, determines may 'us fy delay, tren he Contract Time shall be extended by Change Order for such reasonable time as the Architec m y determif' -- .... """"..""".,.."""".. l..".._..."" """""''',ll''...,, , ~ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions ofS ction 4.7...,,,\ ~ 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. .<.;;"'"""'''''III'<'''~~",,,,,,,,,~~ //"'~"'-"~ "'\ is {: total amount ~. \1' cu ents. I . 1 ~-_~__,,_,..J , , through the i _,J ARTICLE 9 PAYMENTS AND COMPLETION ~ 9.1 CONTRACT SUM ~ 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments payable by the Owner to the Contractor for performance of the Work under the Contract D ~ 9.2 SCHEDULE OF VALUES ~ 9.2.1 Before the frrst Application for Payment, the Contractor shall submit to the Archite Construction Manager, a schedule of values allocated to various portions of the Work, pre supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This A!A Oocumil!!lnt A201/CMa- - 1992. Copyright @ 1992 by The American InstitutE:! of' Archit@cts. All rights resi:!nred. WARNING: ThiEl AJ./ij.~ Document i8 protected by O.S. Copyright. Law and International Treatiell!l. Unauthorized reproduotion or distribution of this AIA~ Docum~nt, 31 or any portion of it/ may rf!!ll8ult in S~V8r~ civil and oriminal pen3.1ties, and will be pt'oliilillcutf!!lld t.o the max.imum extent possible under the law. This draft was producad by AlA software: at 1:3:22:42 on 12/05/2006 under Orde:t No.l000261480_1 which expires on 9/29/2007. and is not for resale. User Notes: (3560762705) schedule, unless objected to by the Construction Manager or 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 fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data sUbstan~:t~g the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as co ieslof requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in ,the Fontract Documents. , L"""",,,,,,,",,,,__,"__,,,,.^~.,"~,"~,,,"", ~ 9.3.1.1 Such applications may include requests for payment on account of changes in the tv ork which have been properly authorized by Construction Change Directives but not yet included in Change Of(frS'I""-'"'~"'""--"--- ~ 9.3.1.2 Such applications may not include requests for payment of amounts the contractot do s not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. ' ,",,"~XwN>.wI<' ~ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on afCO t of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Wor . I approved 'n~vance by the Owner, payment may similarly be made for materials and equipment suitably stored off he site at lo ation agreed upon in writing. Payment for materials and equipment stored on or off the site shall e nditione up n compliance by the Contractor with procedures satisfactory to the Owner to establish the O'l'ne s title to s ch materials and equipment or otherwise protect the Owner's interest, and shall include applic~ble insurance sto age and transportation to the site for such materials and equipment stored off the site. 1'''''~'~ -.'.......-."'1 I ",. .,'"..,_.~_.,. __._.,,,..l ~ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for ~___"",,,,"' Payment all Work for which Certificates for Payment have been previously issued and payments received fro, Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of lien 1ms, .."~~""'"'' security interests or encumbrances in favor of the Contractor, Subcontractors, material supplie~,0I"6ther~ns tr entities making a claim by reason of having provided labor, materials and equipment relati~~r1(. I ~ 9.4 CERTIFICATES FOR PAYMENT "'",-,.,:,~""''''.,~.."",,,J ' ~ 9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the'BQJJ.tractor's "''''"' applications with similar applications for progress payments from other Contractors and, after certifying the~ts~"'" ", due on such applications, forward them to the Architect within seven days. ''''',,,,,,,J ~ 9.4.2 Within seve~ days .afte.r the .Architect's receipt of the. Project ~pplication for Paym~nt, ~e-€on~~tion """..,,/"1 Manager and Architect w111 e1ther 1ssue to th~ Owner a Project Cert~ficate for P~~ent, Wltlyf CO~XJ9,,!h~ \ <,.,"" /' ,,' Contractor, for such amount as the ConstructlOn Manager and Architect determme 1S propef~~e, or nify \hP",./ Contractor and Owner in writing of the Construction Manager's and Architect's reasons fOflwit olding c rtiWcajietl" in whole or in part as provided in Section 9.5.1. Such notification will be forwarded to the ~o actor by e (" Construction Manager. f ; ) ~ 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for paym~t ~ilLcollsti1l.he "'_"M"'''''''''''.''( representations made separately by the Construction Manager and Architect to the Owner, pased on their individual i observations at the site and the data comprising the Application for Payment submitted by lrie'"Cb'ntracTor~fIilif1he~'-""'""" . Work has progressed to the point indicated and that, to the best of the Construction Manager's and Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract DOCU~!-lllts;-T~ foregoing repr~sentations ~re subject to an evaluation of the Wo~k for ~onforman~e with ~e. C tra~~"~ "\ upon Substantlal Completlon, to results of subsequent tests and mspectlons, to mmor devlatl ns fj;om the Contract " \ Documents correctable prior to completion and to specific qualifications expressed by the ns' ction Manager or \ \ Architect. The issuance of a separate Certificate for Payment or a Project Certificate for Pa e t will further \ I constitute a representation that the Contractor is entitled to payment in the amount certifie H wever, the issuance ! ~ of a separate Certificate for Payment or a Project Certificate for Payment will not be a repr se ation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspectiEt CE!~E.t~ 9uali!~E-~J quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniqu s, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material liers-1md"ff AlA Document A201/CMaIK - 19192 _ Copyright @ 1992 by The American InstitutE:! of Archi t@cts. All right.B reeerved. WARNING: Thi:!!l AlA. Document is protected by 0_5_ Copy~ight Law and International Treatis$_ unauthorized reproduotion or d1stribution of this ~A. Dooument, or any portion of itl may r&sult in ~evere civil and criminal penalties I and will be prosecuted to th8 maximum extent possible under the law. This draft was produced by AlA software at 13:22:42 on 12/05/2006 under Order No.1000261480_1 which expires on 9/29/2007, and is not for resale. User Note.: 13560762705) 32 requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contracto.r has used money previously paid on account o.f the Contract Sum. ~ 9.5 DECISIONS TO WITHHOLD CERTIFICATION ~ 9.5.1 The Construction Manager or Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect's opinion the representations to the Owner required by Section 9.4. 'eA'Ilnot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Appli atiqn, the Construction Manager or Architect will notify the Contractor and Owner as provided in Section 9.4.2. If e ~ontractor, Construction Manager and Architect cannot agree on a revised amount, the Construction nak~!,and,brchitect wilL..",,,.,,,,,.,. promptly issue a Certificate for Payment for the amount for which the Construction Manag r and Architect are able 1 to make such representations to the Owner. The Construction Manager or Architect may al 0 d . 'fr---'o~' J payment or, because of subsequently discovered evidence or subsequent observations, may nul ify the whole or a part of a Certificate for Payment previo.usly issued, to such extent as may be necessary in e C nstruction Manager's or Architect's opinio.n to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of feEl claims; .3 fail~e of the Contractor to make payments properly to Subcontractors or f01 labpr, materi41;~ eqUipment; \ I I t .4 reasonable evidence that the Work cannot be completed for the unpaid balarfe tthe Contac Sum; .5 damage to the Owner or another contractor; I i .6 reasonable evidence that the Work will not be completed within the Contract Ti e, and thtt :paid balance would not be adequate to cover actual or liquidated damagesl~~~.,,~~'~~~~~,~~,~~_~:~.-=~~~~::,:'] .7 persistent 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 amo!!!l.ts""'''''''''' previously withheld. ..",..~. ..' ..........'., ~ 9.6 PROGRESS PAYMENTS ('/"':"~":~:' I ~ 9.6.1 After th~ Co.nstruction Mana~e~ and ~chitect ~ave ~ssued a Project Certificate for Il.~yrlfent~,tQ~ Owner sh1l make payment 10 the manner and Within the time provided in the Contract Documents, and Sllalt~9 notl i Construction Manager and Architect."".,. "",-.. \."" -". ""'~"'J' """""".1\%\>.:<.,( "'~ t ~ 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the" .",..."" t amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said:~ Subcontractor is entitled, reflecting percentages actually retained from payments to the ContrasJ9r'on~unt of,.,"".' I such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement Wjrll ea~JL~!;1bc~tract~;:(' ,..,/) require each Subcontractor to make payments to Sub-subcontractors in similar manner. , ' '\ \ /' ,.".,,-" ; \ V ,~. ~ 9.6.3 The Constructio.n Manager will, on request, furnish to a Subcontracto.r, ifpracticabl~, information ~gar['~; percentages of completion or amounts applied for by the Contractor and actio.n taken therel'n br the Own~r, Construction Manager and Architect on acco.unt of Po.rtions of the Work done by such Sub on1tactor. I "..' .~,_...,,,~.,.._.-'t ~ 9.6.4 Neither the Owner, Construction Manager no.r Archit~ct shall h~ve an obligatio.n to. t~~~~,t?s~~:.~,~__...,_, i payment of money to a Subcontracto.r except as may otherwise be required by law. ~ 9.6.5 Payment to material suppliers shall be treated in a manner similar to. that provided in Sectiop.s.9~6:Z~ ".' ." 9.6.4. 1/ -- '" ""''''.......,, ----...., '\ ~ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy ftrproject by the \" Owner shall not constitute acceptance of Work not in accordance with the Contract Docum nts , ~ 9.7 FAILURE OF PAYMENT . I ~ 9.7.1 If, through no fault of the Contractor, l) the Construction Manager and Architect do notl~.a Prgject ,.",_J I Certificate for Payment within fo.urteen days after the Construction Manager's receipt of th Contractor's Application J for Payment or 2) the Owner does not pay the Co.ntractor within seven days after the date e . 'irrthe-Conttact -- Documents the amount certified by the Construction Manager and Architect o.r awarded by arbitration, then the AlA DOCU1hent A201/CMa.!I!II - 1992. Copyright @ 1992 by The: American Instj.tute of Archit@cts. All riqhte reee:rvlild. WAFNING: This AiA~ DOCument is protected by U.S. Copyright Law and International Treaties_ Unau.thorized. reproduction o~ dil!;lt~iblJtion of thil! AlA. Doc:=umant., o~ any portion of it, may result in EilIIilVliIIre civil and criminal penaltitils, il.nd will be prosecuted to the Il1iI.ximum extent possible 1j.nde~ thlil' law. This draft was produced by AlA software at 13;22~42 on 12/05/2006 under Ord@r No.l000261480_1 which expires on 9/29/2007, and is not fo:r ;I;"esale. Ueer Notlils= (3560762705) 33 Contractor may, upon seven additional days' written notice to the Owner, Construction Manager 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, which shall be accomplished as provided in Article 7. ~ 9.8 SUBSTANTIAL COMPLETION ~ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work orf dgpated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occ y or utilize the Work for its intended use. ; i , l.~"""",__".,...".."~.._,,,.,,...,,.,,,,_.,,,~,, ~ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner grees to accept I separately, is substantially complete, the Contractor and Construction Manager shalljointl prEare'andSltblU.illU""'._._~".i the Architect a comprehensive list of items to be completed or corrected. The Contractor s 11 roceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter he . esponsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receip of ~e list, the Architect, assisted by the Construction Manager, will make an inspection to detennine whether the W or1('or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether qr"iiqt included 91! the list, which is not in accordance with the requirements of the Contract Documents, the Contractqr shf111, befOiriSS ance of the Certificate of Substantial Completion, complete or correct such item upon notificati~ b~the Arc ect The Contractor shall then submit a request for another inspection by the Architect, assisted by t~e nstructio nager, to determine Substantial Completion. When the Work or designated portion thereof is subs ant lly comp ete the Architect will prepare a Certificate of Substantial Completion which shall establish the dat of ubstantia Completion, shall establish responsibilities of the Owner and Contractor for security, main nance;neal;'utilines;"'--"''''''''.'.. ""w damage to the Work and insurance, and shall fix the time within which the Contractor shall aLlitems on the_,....., ",,,.,J 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 ,,,..' ,,,,""'''''1 Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contri;!.Ctd'" ,,,) for their written acceptance of responsibilities assigned to them in such Certificate.,..~ ..',...',.. "I>i"~" t ~ 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon aIfP11~~~'t;~'th;"''''''} I Contractor and certification by the Construction Manager and Architect, the Owner shall nfke"paYlIl,ent, refle in1 adjustment in retainage, if any, for such Work or portion thereof as provided in the Contraci'~~":~ts":'''''''''"",,,,~ g 9.9 PARTIAL OCCUPANCY OR USE "'"'''''''"'''''''~''''' ""'.'.'''''' ' , g 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage whe~'~"", J 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 l1.3.l1 and authorized by public authorities havingjurisdictiQ,n over the 1""'/ ,I Work. Such partial occupancy or use may commence whether or not the portion is substanti y C?!nQ!~te,'l'{ovid!fO""'" ",..J the Owner and Contractor have accepted in writing the responsibilities assigned to each of e for pa~en4,./ ./,,-- retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, d ave agree~ inti' g concerning the period for correction of the Work and commencement of warranties require b the Contr~ct Documents. When the Contractor considers a portion substantially complete, the Contracto Construclio Manager shall jointly prepare and submit a list to the Architect as provided under Section 8.. Consent qf Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the pr l<SS.,ufibj W "'''''~'''''''''''''''''''. sdha~l ~e deftethrmlAr'nedhi~tY Wflt 'fttten agreelmtaeti?t bet~theethn thce owntruert.andMContractor or, ifno agret~~~t.i~,,::~~d, by....,,,",,.~...,,_"',,j eClSlOn 0 e c ec a er consu on WI eons c IOn anager. ~ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Co~ettJI amt "-~~"" Architect shall jointly inspect the area to be occupied or portion of the Work to be used in ordeJl1O dete!ffiine and '--.,\ record the condition of the Work. /i ,.""".",- -.', ~ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of t~ W~rk shall not "\ constitute acceptance of Work not complying with the requirements of the Contract Docuntent1. r i L1 I, g 9.10 FINAL COMPLETION AND FINAL PAYMENT ~' ,.,.,.,......,.___...".___,1 ~ 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Mager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Co . Manager a mal .....,...1 Contractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice and \ \ I JUA Document A201/CMa.!I!II - 1992. Copyright @ 1992 by Th@' American lnstitute of Architl!!cts. All rights riliillsiliillrviliilld. WARNING: ThiS A.IA.. Doownent is protected by U.S. Copyright Law and Int4!llrnational Treaties_ unauthorized reproduction or distribution of this AlA.- Oocumiliillnt, or any portion of it, may rGsult in severe civil and criminal ptimii.ltiiliills, and will be proseouted to the maximum. extiliillot possible und@lr the law. This draft Was produced by AlA softwar~ a.t 13:22:42 on 12/05/2006 und~r Order No.l000261480_1 whic::h expires on 9/29/2007, and is not fO.L res.ale. USiliillr Notes: (3560762705) 34 Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager, fmds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations 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 said final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment will constitute a furtf""resentation that conditions listed in Section 9.l 0.2 as precedent to the Contractor's being entitled to final p lJIl$-t have been fulfilled. i . L"",~""<"."""""~_,__._,~,,~,,,.,, ~ 9.10.2 Neither fmal payment nor any remaining retained percentage shall become due unt 1 the Contractor submits 1 to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for m terEl'Mmd-eQUi}.'lll"..l, ~,~_,...,"oj: and other indebtedness connected with the Work for which the Owner or the Owner's prop rty 'ght be responsible or encumbered (less amounts withheld by Owner) have been paid or other wise satisfied, ( ) a ertificate evidencing that insurance required by the Contract Documents to remain in force after final payment i curtently 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 W1rii~t be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final a ' ent and ( ), required by the Owner, other data establishing payment or satisfaction of obligations, such s ~eiPts, re as s and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to e eitent and ish form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or Ei er requir b the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Own r a ainst suc lie . If such lien remains unsatisfied after payments are made, the Contractor shall refund to the 0 nef"aIrmoney tha 'tTi-et"--"." ""'''! Owner may be compelled to pay in discharging such lien, including all costs and reasonabl tomq~ees-."."",,,,.,,,,,,,,,,,.,.,,.__,,,,,J ~ 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 fmal completion, and the Construction Manager ~""''--'''-- ,,) Architect so confmn, the Owner shall, upon application by the Contractor and certification by the Consp-.uetfon ",..,.--,,,, Manager and Architect, and without terminating the Contract, make payment of the balance du~j0t"'~t po' o[ the Work fully completed and accepted. If the remaining balance for Work not fully complf!6d ~~,,~C't;d is ess than retainage stipulated in the Contract Documents, and ifbonds have been furnished, the Fiffen--";:Q,,~,sent of e y to payment of the balance due for that portion of the Work fully completed and accepted shal1'b~~~bmif e Contractor to the Architect through ~e Construct~on Manager prior to certificat~on of such pa~eni:"~J?ayme "'" , shall be made under terms and condltlOns govermng final payment, except that It shall not constItute a walve~ ""II Claims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.4.5':",,,,,, I '''--,} I ~ 9.10.4 Acceptance offmal payment by the Contractor, a Subcontractor or material supplier s~a1h:on:sti41te a ",,,..--'" waiver of claims by that payee except those previously made in writing and identified by th~pay~~,,!~, un~tled ~' , the time of final Application for Payment. Such waivers shall be in addition to the waiver dfscritfed in S\tio/7.7/' " '/' ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY I:' i f' ~ 10.1 SAFETY PRECAUTIONS AND PROGRAMS j j I ~ 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all s fe precauti" s d pm....n" in connection with the pedonnan"" of the Con1rnct. The Contract<rr .mall 'nbOOt'r!e t-.:r aa __, _, program to the Constructlon Manager for reVIew and coordmatlon WIth the safety programGf other Contractors.' ~ 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall imm~,9,iately'SWJJ~ in the area affected and report the condition to the Owner, Construction Manager and Architec ." ~~~,i!?-g,,~ '\ Work in the affected area shall not thereafter be resumed except by written agreement of the wnpr and contracto~\ '\ if in fact the material is asbestos or p~lycWorinated biphenyl (PCB) and has .not bee~ rende d;'nnless. Th~ Work \ \ in the affected area shall be resumed m the absence of asbestos or polycWonnated blpheny (P B), or when It has \! been rendered harmless, by written agreement of the Owner and Contractor, or in accordan e ith final 1 I determination by the Architect on which arbitration has not been demanded, or by arbitrati ,n urder Article 4. ! ~ 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consdnt ~Work"rcliiting to....-J I asbestos or polychlorinated biphenyl (PCB). L_,,,,,~,,..,__,,.._.___...,__,,,~I AlA Document A201/CMa- - 1992. Copyright <0 1992 by The American Institute of Archit@cts. All X"ilJhte riliillserved. WARNING: This AlA. Document is proteoted by U.S. Copyright Law and International Treatiel!L unauthorized reproduction or distribution of thie AlA. Documi!mt, or any portion of it, may result in eiliillviliillriliill civil and criminal piIiiIInaltiiliills, and will biIiiII prosecuted. to the m.aximum 4i!:~tiliillnt pos:l!!Iible unde~ the law. This dra.ft was produced by AlA software at 13:2.2:42 on 12/05/2006 under Order No.1000261480_1 which expires on 9/29/2007, and is not for resale. USSr Not...: (3560762705) 35 ~ 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Construction Manager, Architect, their 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 is asbestos or polychlorinated biphenyl (PCB) 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 itselt) including loss of use resulting therefrom, but only to the extent caused in whole or in part jf~gligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone fi wltose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused' Paft by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce th4r.!iJ~pts or obligations of indemnity which would otherwise exist as to a party or person described in is Section 10.1.4. ~ 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury 0 resulting from a material or substance encountered on the site by the Contractor, the Contr to shall, upon recognizing the condition, immediately stop Work in the affected area and report the condi i 0 the Owner, Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in Section 1 0.l.2. ~~~.~ ~ 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory vJnfy a pret' nc or absence of the material or substance reported by the Contractor and, in the event such mate ial pr substan e i found to be present, to verify that it has been rendered harmless. Unless otherwise required by th Coptract Doc. m ts, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the mqs and qua.fic tions of persons or entities who are to perform tests verifying the presence or absence of such m*eriarorsuosfance oI--~'"""."~."'''''' I who are to perform the task of removal or safe containment of such material or substance. the.ContractQ.r~~~~~~""_",,j Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction ""'.,.""'....} Manager or Architect has an objection.to a person or entity prop~sed by the Owner, the O~er ~hall propos~er "".." :1::::::::::: ::::::R:anage< and the ","hire" have no re"ooable o~~;::=:~," ",. .",,'" ~ 10.2.1 The Con~a.ctor shall take reasonable precautions for safety of, and shall provide ret:'orl'lible.J,1.r:~tection 0 prevent damage, mJury or loss to: ''''''I",,, .'''.", .1 employees on the Work and other persons who may be affected thereby;"""""",.,,, .2 the Work and materials and equipment to be incorporated therein, whether in storage on or ~"". site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- .""'''"".."J subcontractors; ,i I other property at the site or adjacent thereto, such as trees, sluubs, lawns, waf7ks vemen~, ,.",,," . .1 roadways, s~ctures and utilities not designated for removal, relocation or r ace.~!::,!;tt~? t~, co~~'" " of constructIon' and I' \y/..... ,," .4 construction or' operations by the Owner or other Contractors. [( i\ I'""""'" ~ 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, fUll s, ~gulations. d~wful orders of public authorities bearing on safety of persons or property or their protection fro daptage, inj 0 loss. L"""."",,,,,.....'-",,,,j "'~"__'_",""'" ~ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and pe ormance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other wamffigS1igaiilsrli1iza~'--"-"'" promulgating safety regulations and notifying owners and users of adjacent sites and utilities. \ _.~'""'_'" __--",.L '0'1<,",. .3 ~""""t:!,_,",",*'-"W*\""_~"",",1~",,, fi 10.2.4 When use for storage of explosives or other hazardous materials or equipment or unu~J.ll'ir~etho .5..ar.e.-"".. ''', necessary for execution ofthe Work, the Contractor shall exercise utmost care and carry on ~ch lvities under''',\, \ supervision of properly qualified personnel. (\, '\ fi 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or 10S~SS red under property J I insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 10. .1.3 and ~O.~.1.4 . 1 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyo e ectl ",~E..~~, ~ employed by any of them, or by anyone for whose acts they may be liable and for which th Contractor is i responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributa tonaets'(')r~'--"~"""'.} the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by AIA DOoum4int A201/Ola.!I!II ~ 1992. Copyright @ 1992 by The: 1Unsrican Institute of Architects. All righta reserved. WAroUNG: This AlA- DOC'Um8nt is prot.e~ted by U.S. copyright Law and International Trtitatili5. Unauthorized reproduction or distrihution of thi51 AIA- Do~ument, or any portion of it, may rtitsult in sil!!llviI!!!l:re civil and criminal penalties, and will b8 prosecuted to 'the lrI.a.XimlJIn li'xt&nt pos8ible under the law. This draft was produced by AlA software at 13:22:42 on 12/05/2006 under Order No.l000261480_1 whj,ch expires on 9/29/2007, and is not for resale:. U...r Note.: (3560762705) 36 anyone for whose acts any 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.l8. ~ 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, Construction Manager and Architect. ~ 10.2.7 The Contractor shall not load or permit any part of the construction or site to be lo+~~lso as to endanger its ;7::'EMERGENCIES L -----"1 ~ 10.3.1 In an emergency affecting safety or persons or property, the Contractor shall act, a thei<3ontIitdor's -'-'___mo.",.,~,..,J discretion, to prevent threatened damage, injury or loss. Additional compensation or exten on ~f time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.7 nd f\rticle 7. ARTICLE 11 INSURANCE AND BONDS ~ 11.1 CONTRACTOR'S LIABILITY INSURANCE r'."1 ~ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawtt!llY~" uthorizect1t;; 0 business in the jurisdiction in which the Project is located such insurance as will protect th~ Co tractor fr~m laims set forth below which may arise out of or result from the Contractor's operations under the~ act and Jr hich the Contractor may be legally liable, whether such operations be by the Contractor or by a ub ontractor r anyone directly or indirectly employed by any of them, or by anyone for whose acts any 0 e may be 'ab : .1 claims under workers compensation, disability benefit and other similar em oyee'15enelif acts w are applicable to the Work to be performed; L.M..'..... claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; ~"''''''''''''J claims for damages because of bodily injury, sickness or disease, or death of any person other ~".." .....'. th C 'I ... ",.w" e ontractors emp oyees; ".,/"" "...'.'" claims for damages insured by usual personal injury liability coverage which are,sustai~e:J a person as a result of an offense directly or indirectly related to employment ~s~:9j)lill'S15ribY Contractor, or (2) by another person; 1<",......, ........ "., claims for damages, other than to the Work itself, because of injury to or desti1:rctiQp of tif . e property, including loss of use resulting therefrom; . ""'.""'" "'''' claims for damages because of bodily injury, death of a person or property damage arising otitm;". ."'. ".,~, ownership, maintenance or use of a motor vehicle; and ,....,...,.,.. ! claims involving contractual liability insurance applicable to the Contractor's obligations under .4 " . Section 3.18."..",.""...",_ ",/" i ~ 11.1.2 The insurance required by Section ll.l.l shall be written for not less than limits of li~~jJiiY'~pe~~~::..,......".") Contract Documents or required by law, whichever coverage is greater. Coverages, whethet WlJ!tten on ,,// occurrence or claims-made basis, shall be maintained without interruption from date of co dpcement 0 the[ork until date of fmal payment and termination of any coverage required to be maintained after fm~l paymentl ~ 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Constru tioh.Managedfor~__"''''''''~_''''l transmittal to the Owner with a copy to the Architect prior to commencement of the Work. hese certificates and the ' insurance policies required by this Section ll.l shall contain a provision that coverages a orffeil'unoeflIfe pol1cTeifM"-"".~ ..,,, will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and ar:-~mmt1ty--"" available, an additional certificate evidencing continuation of such coverage shall be submitte4-.~th th~ "'-'''''' App~ication for Payment as re~uired by Section 9 .10.2. I~ormation conc~ming reduction off.ove~~ shall be ':'''''''''\ \\ furnished by the Contractor With reasonable promptness m accordance With the Contractor'~ infirmatlon and behef. \ ~ 11.2 OWNER'S LIABILITY INSURANCE l i I ' ~ 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usua~'ab~ity insurance. I! Optionally, the Owner may purchase and maintain other insurance for self-protection aga' t c~i:T;~",~~~~~~___._~ ~ arise from operations under the Contract. The Contractor shall not be responsible for purch sing and maintaining l this optional Owner's liability insurance unless specifically required by the Contract Docu ents>:"....-''''....."..-...--.J .2 .3 .4 .5 .6 .7 AlA Document .A201/CMaIlll - 1992. Copyright CI 1992 by The Americarl Institute of Architects. All :rights reserved_ WARNING: This AIA~ Doourn~imt is protected by U.S. Copyright Law and Internat.ional Treaties. Unauthorized reproduction or dil!tribution of this MA~ Document 1 or any portion of it, may result in e4itVlillre civil a.nd criminal penaltiel!!l, a.nd will be proll!5i1!!1cuted to the maJli:imum extent possibllil under the law. rhi:s draft was produced by AlA softwa.rf! at 13:22:42 on 12/05/2006 u.nder Order No.l000261480_1 which expires on 9/29/20071 and is not for re.salE!. User Note.' (3%0762705) 37 ~ 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 in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary 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.l 0 or until no persO~lJi~ntity other than the Owner has an insurable interest in the property required by this Section ll.3 to be covered, w hever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Su su contractors in the Work. t """""'''''''''''"'-'''"~"''''-~~''''''''-~''''''''''''''''''''''1 I " i " ~ 11.3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against ~' e P!:sllOf'fire"8Iltt-'-'."'_--"_"""ll.J extended coverage and physical loss or damage including, without duplication of coverage the , vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including e olition occasioned by enforcement of any app~icable legal requirements, and shall cover reasonable compensa io~lfor Architect's services and expenses requIred as a result of such insured loss. Coverage for other perils shaH not be required unless otherwise provided in the Contract Documents. r"']' , ~ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the bo tract and~' it all of the coverages in the amount described above, the Owner shall so inform the Contractor in ~itipg prior t commencement of the Work. The Contractor may then effect insurance which will protect gihterests 0 the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Chang O~er the co t th reof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the . wneI-'''fo'ifUi'c se of'''''''' """'""l maintain insurance as described above, without so notifying the Contractor, then the Owne all.be<u:"alLr.eaiQlIilble"",~,,,,,,l,,,"j costs properly attributable thereto. .,,,,,,,\ ~ 11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the CQJ.lH'll:Ct""'''"'.~,: ll.J Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or i~$]J.fe~r."'."'~"""" increases the required minimum deductibles above the amounts so identified or if the Owner el~t8'16, purc thi insurance with voluntary .deductible amounts, the Own~r shall be responsible for payment r" ~}""qditi6nal cos s n t covered because of such mcreased or voluntary deduchbles. " <~.,""~ ~ """,", ~ 11.3.1.4 Unless otherwise provided in the Contract Documents, this property insurance shal~'~:~~~p1Jt:tiQp.S of tht,.,,,,,,..,, Work stored off the site after written approval of the Owner at the value established in the approval, and a~,,,,,,~ ''''''''t portions of the Work in transit. ' II,,, ", J ~ 11.3.1.5 The insurance required by this Section ll.3 is not intended to cover machinery, tools..pf"equipUl~nt owned /""",,] or rented by the Contractor which are utilized in the performance of the Work but not ~cofrp rat~~j!l~~ the\/,,""" ,/'" permanent improvements. The Contractor shall, at the Contractor's own expense, prOVide Uf. ce cov ag foc /",- owned or rented machinery, tools or equipment which shall be subject to the provisions of . e~on l1.3~ V","",,"" ~ 1 f'/ ~ 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler achinery itJsur nce required by the Contract Documents or by law, which shall specifically cover such insured bj cts during: installation and until final acceptance by the Owner; this insurance shall include interests O~thd Q.wner.,i::hnshc1ioJl"""."."_.",,,\ Manager, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner d Contractor shall be J. named insureds. ,,,,,,,,,,.,,, .....' ,,,.,,,,,'.""'''ll''____"'''''..'',,,,,''''''..," 'Ii ~ 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain sU,l::,p."insurance as""""",,,,,,,," will insure the Owner against loss of use of the Owner's property due to fIre or other hazards, l)0wever~s,~he '""'II Owner waives all rights of action against the Contractor for loss of use of the Owner's propr' ~ding _ll...."", \, ::::: ~::~: ::,: :::: ::::::. oili" ilian ilio," de'oriti ed l"ein 0' fo, oili" 1 \ special hazards be included in the property insurance policy, the Owner shall, if possible, i clu,e such insurance, . ~ and the cost thereof shall be charged to the Contractor by appropriate Change Order. ,t~"".,~"w,,,,__,,,,___~.J; , ,I ~ 11.3.5 If during the Project construction period the Owner insures properties, real or persdnal or beth, adjoining or---""",l adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final AlA Dooument A201/CMa.!!II ~ 1992. Copyright e 1992 by ThE! AmeJ:;"!can Institute of Arch! tects _ All rights reserved. WARNINGr Thi9 AIAfIl OOClument is protected. by U.S. Copyright LaW' and Internationa.l Treatiiliill9. Unauthorized reproduction or distribution o~ this AIA* Document, or any portion of it, may riliillEilult in severe civil and criminal penaltiel!l, a.nd will be prosecuted to t.he tnaxiJIllJrn iIiiIIxtent pos:!!Iible under t.he l..w. This draft Was produced by AlA software at 13:22:42 on 12/05/2006 under Order No.l000261480_1 which expires on 9/29/2007, Gmd it,; not for resale. U...r Notes: (3560762705) 38 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 tenns of Section ll.3.7 for damages caused by fITe or other perils 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 ll.3. Each policy shall contain all geE:r:~IY applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy sh 11 c ntain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written oti e has been given to the Contractor. i ~ 11.3.7 ~aivers ofSubrogat~on. The Owner and Contractor waive all rights against each he;:~~::~:~~'"'~'~-',:,~'...:J Construction Manager, Architect, Owner's other Contractors and own forces described in ic'e 6, if any, and the subcontractors, sub~subcontractors, consultants, agents and employees of any of them, for am.ges caused by fITe or other perils to the extent covered by property insurance obtained pursuant to this Section l~.3 Dr other property insurance applicable to the Work, except such rights as the Owner and Contractor may have"to the proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall r quIte of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's patate contr to described in Article 6, if any, and the subcontractors, sub.subcontractors, agents and empl ee* of any 0 the , by appropriate agreements, written where legally required for validity, similar waivers each in fav~r of othe pa ies enumerated herein. The policies shall provide such waivers of subrogation by endorsement or therwise. iver of subrogation shall be effective as to a person or entity even though that person or entity oul otherwis h e a duty of indemnification, contractual or otherwise, did not pay the insurance premium direc y oi'lliurrect1)r, an whether or not the person or entity had an insurable interest in the property damaged. ~ 11.3.8 A loss insured under 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 a~~ .,,,,,) applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just$httfes of ~"..-"~'" insurance proceeds received by the Contractor, and by appropriate agreements, written where !~tY~q~J' or J validity, shall require Subcontractors to make payments to their Sub.subcontractors in simitaf matylep:'"" I -.e:::::: ~ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurr~,~i~n i1t e lo s, give bond for proper perfonnance of the Owner's duties. The cost of required bonds shall be charge'ii'''1lgai,nst "'" proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which"tn~".,~, """"""] Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance With''',,,,,,,,,,, an arbitration award in which case the procedure shall be as provided in Section 4.9. If after such loss no other ,.; special agreement is made, replacement of damaged property shall be covered by appropriate S,hange8r4er. ,../'''''''' ~ I' \. ""."." ,'; ~ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers f.esro~e~ftQe &t1fe; i~,..,//' interest shall object in writing within five days after occurrence ofloss to the Owner's exer isepfthis powe;;~~ycfi objection be made, arbitrators shall be chosen as provided in Section 4.9. The Owner as fid ci<jry shall, i*har'ase, make ~ettl~me~t wi~ insurers in ~ccordan:e ~th directio~s ~f s~ch arbitrators. If distribut n ~f insurancf pr ceeds by arbltratlon lS requlred, the arbltrators wdl dITect such dlstnbutlon. !; 1 t '. I ~ 11.3.11 Partial occupancy or use in accordance with Section 9.9 shall not commence untillthe';;~;;~~"~om;a-;;;-~--"-~'_U! or companies providing property insurance have consented to such partial occupancy or usJ;-€fiaOiSemeiir~--'-"''''-'' ',' otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupa}JC-Y"f'ru~""" would cause cancellation, lapse or reduction of insurance. ;/ "",#"""'__~'~ "-"\ g 11.4 PERFORMANCE BOND AND PAYMENT BOND / /" '\, \ g 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds coveringfaitltful performance of \ 1 the Contract and payment of obligations arising thereunder as stipulated in bidding require enls or specifically I; required in the Contract Documents on the date of execution of the Contract. L______~,.,____J; ~ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of onds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of t copy to be made. A.lA Document A201/CMa.!I!II - 1992. Copyright @ 1992 by The American Institute af Architects. All rights ;t"es8rved. WARNING: This AlA. Dooument ie p.t'Ot8Cted. by U. S. Copyr.ight Law and International Treatie!!ll. Unauthorized. reproduc=t.ion or distribution of t.hie 1;.1A.. Document, or any portion of it, may result in 98vere civil and criminal penaltiSSI ~nQ will be prOSQcut&Q to th@ maximum ext~nt possible under the law. This draft was produced by AlA software at 13:22:42 on 12/05/2006 under Orde:r No.l000261480_1 which E!xpj,.tes on 9/29/2007, and i:;:; hot for resal~. User Not.ee= (3560762705) 39 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 Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. ~ 12.1.2 If a portion of the Work has been covered which the Construction Manager or Arc r~:l has not specifically requested to observe prior to its being covered, the Construction Manager or Architect ma re*est to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contra t D1?,E~!l}~n~1 cos~, QL""~,..,,,,,,,". uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. f such Work is not in I accordance with the Contract Documents, the Contractor shall pay such costs unless the co ditrn"wcrs"caused by tit!;; ,-",.,,,,,,,., Owner or one of the other Contractors in which event the Owner shall be responsible for p ym,nt of such costs. ~ 12.2 CORRECTION OF WORK L.,,} ~ 12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to confonn to the requirements of the Contract Documents, whether observed before or after ii~" antial Com letion and whether or not fabricated, installed or completed. The Contractor shall bear costs of co ec ing such je ed Work, including additional testing and inspections and compensation for the Construction ger's and 'tect's services and expenses made necessary thereby. j' ~ 12.2.2 If, within one year after the date of Substantial Completion of the Work or designa d ortion the eo or after the date for commencement of warranties established under Section 9.9.1, or by tenn ofanapplica le spi,claT~''''-''''! warranty required by the Contract Documents, any of the Work is found to be not in accor;with,the""~"__,,,,,~,,,,,, ,.....,.,,,,.,,,,,._J 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. """,,,,,,,,,,( This period of one year shall be extended with respect to portions of Work first perfonned after Substantial ,./",,-,,,,,- "",.,.I COI?pl~tion by the ~eriod.oftime between Su~stantial Completion and the actual performance ofth:,,~~his f"""''''''''''' oblIgatIon under this SectIon l2.2.2 shall survIve acceptance of the Work under the Contract a~J,1-,tefm1nat:Jth Contract. The Owner shall give such notice promptly after discovery of the condition. ["""I' ":""'" , ~ 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accohiaq~e ~th~ l requirements of the Contract Documents and are neither corrected by the Contractor nor accepted bY1hl\\~r. . '.-.. '"'''''' ""'" \\.";'" ~ 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct itill"'..",,,,,., j accordance with Section 2.4. If the Contractor does not proceed with correction of such nonconforming Work within ,':1 a reasonable time fixed by written notice from the Architect issued through the Construction ~pager;~e Owner ...11'"'' 1 may remove it and store the salvable materials or equipment at the Contractor's expense. Iftpf: CO~1:[a,Pto~rs n9Y'''''' ,I' ",I') pay costs of such removal and storage within ten days after written notice, the Owner may vpOIyti:m adCri\ion 1 ys' ,,,,,,"'" written notice sell such materials and equipment at auction or at private sale and shall acco,nt for the Pro~' ee ,#,,," thereof, after deducting costs and damages that should have been borne by the Contractor, ~cl+ding com ensr:n for the Construction Manager's and Architect's services and expenses made necessary ther y. ~f such pro ee s of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be ed~ced by the deficiency. Ifpayments then or thereafter due the Contractor are not sufficient to cover suclatt\.oJ.lJlt~the on -'~'-''''''l shall pay the difference to the Owner. ,,! ",,,,",,.,,.',,','. "'''''',.,____,~""""l ~ 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or re,w.ovt'lt~ which is not in accordance with the requirements of the Contract Documents. /' __ ",- 1~ .~~ w~m',w.<< "'"~ " !/ . ", "''I", '\ ~ 12.2.6 Nothing contained in this Section l2.2 shall be construed to establish a period of li itat" n with respect to "1 \ other obligations which the Contractor might have under the Contract Documents. Establis e t of the time period . of one year as described in Section l2.2.2 relates only to the specific obligation of the Con act r to correct the ~ Work, and has no relationship to the time within which the obligation to comply with the n ct Documents may I be sought to be enforced, nor to the time within which proceedings may be commenced to sta lis.h ~e Contractor's ~ J liability with respect to the Contractor's obligations other than specifically to correct the W rk. . ~~'"""~"""""'~~-<x""<<~ AlA Document 4201/CMa.!!II - 1992. Copyright e 1992 by Th@ AmE!rican l:n.stitute of ArchitE!cts. All :t'iqht5 reserved. WAlrnING: This AlA- Document is protected by U.S. Copyri9'ht t.a.w .nd International T:r:eatililEil. Unauthorized t'ep:roduction or di!ltribution of thia AlA. Dooument, or any portion of it, may x-e.eul t in .eevare civil &nd criminal penal ties, and will be p:rol5lecuted. to thl:! maximum eJl;tent possible under the law. This draft wa.s produced by AlA software: at 13:22:42 on 12/05/2006 under order No.l000261480_1 which expj,res on 9/29/2007, a.nd is no'C for resale_ Us..r Not..., 13560762705) 40 ~ 12.3 ACCEPTANCE OF NONCONFORMING WORK ~ 12.3.1 If the Owner prefers to accept Work which 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. ARTICLE 13 MISCELLANEOUS PROVISIONS r"'l ~ 13.1 GOVERNING LAW I . ~ 13.1.1 Tho Contract .ball bo govomed by t1re law of t1re plaoe where tho Proj,,' i, iocatol..~_____.. ~ 13.2 SUCCESSORS AND ASSIGNS i 1 ~ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successorsi assjgnsarn.i--legal __".~~~..^J representatives to the other party hereto and to partners, successors, assigns and legal repretentatives of such other party in respect to covenants, agreements and obligations contained in the Contract Docum~nts; Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either P!& attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsIble for all obligations under the Contract. r"'~""" 6 13.3 WRITTEN NOTICE i.' I ~ 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to t~e' ividual or a ember of the firm or entity or to an officer of the corporation for which it was intended, or if deliv~re at or sent ~y registered or certified mail to the last business address known to the party giving notice. t 1 1\,.,.,,, \ _. ,. '"'\,,,,,,, 613.4 RIGHTS AND REMEDIES 6 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 """."",,,~''''''i ..... t by law. /,,,,,,, , .....1 ,^,,.."~V't>' ~,d'"",,'!Ii'" 613.4.2 No action or failure to act by the Owner, Construction Manager, Architect or contractOJ'Shlrll'~~5n' all waiver of a right or duty afforded them under the Contract, nor shall such action or failure fact 5~tiru.te app ov 1 of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. <-"""'" ....,..,""<> > "", '",,< '.... 6 13.5 TESTS AND INSPECTIONS '" "'.'. ''-., 6 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or bybws. "'." '''''' " ordinances, roles, regulations or orders of public authorities having jurisdiction shall be made at an appropriate ti;;;e~""", """'" j 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 PUbli9;mthOrity;~and shall " ..' I bear all related costs oftests, inspections and approvals. The Contractor shall give the Conslfdctio,~}\,l~nag and /' ) Architect timely notice of when and where tests and inspections are to be made so the constrof'on M' ge , , Architect may observe such procedures. The Owner shall bear costs of tests, inspections or ~p ovals whi h 0 npt"''' become requirements until after bids are received or negotiations concluded. : C 6 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdidtio~ detennine tha portions of the Work require additional testing, inspection or approval not included under tct4:lD..13~ e ...__ '''~".' ".~ Construction Manager and Architect will, upon written authorization from the Owner, inst ct the Contractor to i make arrangements for such additional testing, inspection or approval by an entity acceptab1~.totlie 'OWifl5t, and the".'-.....,. Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such proced~s<s.-.~..""" shall bear such costs except as provided in Section 13.5.3. .,/ __ '.... ,;/"" ."....,:.<~" ~""'\" \ ' , --, ~ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.l and 13~.2 t~eal failure of the \ \ portions of the Work to comply with requirements established by the Contract Documents, e ontractor shall bear \ \ all costs made necessary by such failure including those of repeated procedures and compe sat on for the i, ,. Construction Manager's and Architect's services and expenses. ( I I 1 : 6 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise requled byti-i'e'Contract--".- I Documents, be secured by the Contractor and promptly delivered to the Construction Man~or tTtm!lmittal to thc __,J Architect. AlA Document A201/CI'4a.!I!II - 19912. Copyright @ 1992 by The Am@rican Institute of Archi tects. All rights reee:rved. WARNING: This AlA- Document iB proteot&d by U.S. Copyright Law and International T~&atie8. Unauthorized reproduction or distribution of this AlAe Documentl or any portiOh of it, may result. in SGv-v:re civil and crim.ihal penalt.ies, ilnd will be prosecutilitd to the maximum ext8nt possible under th8 law. This draft was produced by AIA. softwarE! at 13:22:42 on 12/05/2006 under Order NQ.I000261480~1 which expj,res on 9/29/2007, and j,$ not for resale. User Not&s: (3560762705) 41 ~ 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. ~ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. f'-"l ~ 13.6 INTEREST i ~ 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from 1 d !!,E.'!X!!!~l!!. is dl;llL~._.._.,. ,_ such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rat prevailing from time to I :;~:::::;~::FP;:~~;::a~::;TATIONPE~OD . .---___1 ~ 13.7.1 As between the Owner and Contractor: ! I .1 Before Substantial Completion. As to acts or failures to act occurring prior io"~e relevant date of Substantial Completion, any applicable statute of limitations shall commencf{Ot" n and an alleged cause of action shall be deemed to have accrued in any and all events not lat r an such d te f Substantial Completion; Between Substantial Completion and Final Certificate for Payment. As to ts ~failure~o t occurring subsequent to the relevant date of Substantial Completion and pri r to issuance f fmal Certificate for Payment, any applicable statute of limitations shall commenc to n and a y a eged cause of action shall be deemed to have accrued in any and all events not lat r tliairffie"(Jii e of issuance of the final Certificate for Payment; and After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to ,....,.,,,.""'1 run and any alleged cause of action shall be deemed to have accrued in any and all events not ~"."'. ,,) than the date of any act or failure to act by the Contractor pursuant to any warranty pro~'Under ."",,,,,, Section 3 .5, the date of any correction of the Work or failure to correct the Work b,yille C050r f un~er ~ection l2.2, or the date of actual co~ission of any other act or fail~rc;"J~$lJim1ii'any tyor obhgatlOn by the Contractor or Owner, whichever occurs last. ~ <;;""'", " ",",-, >.~, 'r, '4....."",,<\ ""'" ...."'"'- ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT"""" '''_ ~ 14.1 TERMINATION BY THE CONTRACTOR,_.,,, "., ".'1 ~ 14.1.1 The Contract may terminate the Contract if the Work is stopped for a period of 30 days through no act or ..""",,,.., I fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons .'::1 performing portions of the Work under contract with the Contractor, for any of the following /Mr.--'""" /"", , .1 issuance of an order of a court or other public authority having jurisdiction; . '". ., ~ /' ,'" , .2 an act of government, such as a declaration of national emergency, making ate' I una~" 'la ]?'. """ .3 because the Construction Manager or Architect has not issued a Certificate r yment an h s npf" notified the Contractor of the reason for withholding certification as provide Section 9. .2t'" because the Owner has not made payment on a Certificate for Payment with n e time stat d' the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described i Se . on' .,_." _", in the aggregate more than 1 00 percent of the total number of days schedule for completion, or l20 % days in any 365-day period, whichever is less; or "'",^~.-""'_"M\MWm"-'_IW~"W~M"~'<""~""'""~ the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.l. .,._-.----'.'''.'', "i'/" ._,....,.,__..... " ~".\\ ~ 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional daysA'tte,pA!:otice to the "''1'\, \ Owner, Construction Manager and Architect, terminate the Contract and recover from the t payment for Work '\ executed and for proven loss with respect to materials, equipment, tools, and construction ui ment and machinery, \ including reasonable overhead, profit and damages. i ~ 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contra tor ~r a Subc2ntractor or _J their agents or employees or any other persons performing portions of the Work under con act with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contr ts with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written .2 .3 .5 ,"~.,,,,,J AlA Document A201/O:Ia!l( ~ 1992. Copyright @ 1992 by The American lnstitut@' of Architects. All rights res4ilIrved. WARNING: This MAe Document is protected. by U.S. Copyright Law and tntilitrnational Trilitaties. Uni!luthorized reproduction Or distribution of this AIA~ Document, or any portion o~ itl may result in severe ci.vil and oriminal peni!lltie.el and will b8 prosecuted to the maximum e:,l;t~nt pOl!ll!:lible under the law. This dra.ft was produced by AlA software at 13:27.:42 on 12/05/2006 under Order No.100026l4S0_1 which expires on 9/29/20011 and is nOt for resale. U.",r Not..., (3560762705) 42 notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section l4.1.2. ~ 14.2 TERMINATION BY THE OWNER FOR CAUSE ~ 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials' }"'"'""1 .2 fails to m'ake payment to Subcontractors for materials or labor in accordancd witJ1 the respective agreements between the Contractor and the Subcontractors; 1 ! .3 persistently disregards laws, ordinances, or rules, regulations or orders of a ~ubll~,!1J!th2!!!x...havi!lJl"'""""...'.".",II' jurisdiction; or I] .4 otherwise is guilty of substantial breach of a provision of the Contract DocuteI""'"ll<","'~'_''''"'''__'"_''''"''ll''''''".ll' ~ 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Const cti n Manager, and upon certification by the Architect that sufficient cause exists to justify such action, may w tho-~t prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior righ~"orf' e surety: .1 take possession of the site and of all materials, equipment, tools, and cons ti equiPmf d machinery thereon owned by the Contractor; . .2 accept assignment of subcontracts pursuant to Section 5.4; and j .3 finish the Work by whatever reasonable method the Owner may deem expe,ient J ~ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section l4.2.t;theContractor not be entitled to receive further payment until the Work is finished. t,. ~ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of fmishing the Work, including compensation for..,.. the Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall b~d to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to th>~r. amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be c~ed b~Jlwl Architect after consultation with the Construction Manager, and this obligation for paymenr!"hal1,~J,1A'fVe termination of the Contract. L~,."~"""".'"ll"",",,,,", j ,,-<,~,<<~,,"<< ~", ~ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE """",",, ~ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the \\rOtlrHQ"", ""I whole or in part for such period of time as the Owner may determine. """,,,",,,, '"<1"'''''4 ~ 14.3.2 An adjustment shall be made for increase~ in the cost o.f perfo~ance of ~e Contract, l~htdin~~ofit on th:/./ ""'''1 mcreased cost of performance, caused by suspenSIon, delay or mterruptton. No adjustment s}t.ill b~)P'!!~e t the /""" ",- II extent: ,i ,/" 'II, ,/ "",,,,,,,, .1 that performance is, was or would have been so suspended, delayed or intejp~d by ano er [US "e" for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of . s ntract. ! ~. , . ~ 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or~er' ""'.ll_'_""_'_'~! , ' L'<I"''''' W". "....,'=,,<........~_=-."'",.,.,,~w~,,","=,w ,} AlA Document A201/CMa.!I!I( - 1992. Copyright C 1992 by The: AmE!rican lnstitutE! of Architec.ts. All right.s re.!;le~ved. WARNING: Thie "'-1.A.II> Docwnent is protected by U.S. Copyright I...a.w and International Treatiss_ unauthorized reproduction o~ distribution of this AlAe DocUIl\ilint, or any portion o~ it, may result in SeVtil.t'~ civil and criminal penaltiililill, and will bt!i prosecuted to the maximum. extent posl!!Iible under the law. This draft WaS produced by AlA software at 13:22:42 on 12/05/2006 under Order No.1000261480_1 which expires on 9/29/2007, and is not for resale. User ~otel!l: (3560762705) 43 Meridian City Council December 5, 2006 Page 2 of 29 you do here. I just pray that your Spirit's here tonight and we pray this in Jesus' name, amen. De Weerd: Thank you. Pastor Short. I would like to offer you a City of Meridian pin, since I was spared the expense by Councilman Wardle. Thank you for joining us this evening. Short: Thank you. Item 4: Adoption of the Agenda: De Weerd: Item 4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda, the one we are working on, the fourth revision, dated 12/04/06, under -- under the Consent Agenda it has been asked that item number H be continued until December 12th, 2006. And with that change I would move that we accept the fourth revision of the agenda as published. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of October 24, 2006 Pre-Council Meeting: B. Approve Minutes of November 8, 2006 City Council Special Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates. LLC - 1200 West Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 050 Request for Preliminary Plat approval of 6 industrial lots on 24.01 acres in a proposed I-L zone and 4 commercial lots on 8.74 Meridian City Council December 5. 2006 Page 3 of 29 acres in a proposed C-G zone for Creamline Park Subdivision by Creamline Associates, LLC - 1200 West Franklin Road: E. Water Main Easement Aareement for CentreDointe Subdivision PI Connection by Blue Marlin Investments, LLC: F. SHP 06-010 Request for a Short Plat to Create 2 Commercial building lots on 2.61 acres in a C-G zone for Halker Subdivision by Hawkins Companies - 3150 West Cherry Lane: G. Approve Bid for Water and Sewer Improvements in Coniunction with ACHD Overland, Under to Meridian Road Proiect: I. Approve Contract for Jericho PRY Installation with Star Construction for $79,919.00: J. Approve Memorandum of Understandina with Meridian Rural Fire Protection District for Modification of the Method used to determine the Contract Service Fee and the Capital Outlay Expenditure for 2006/2007 Fiscal Year: K. Invoices for New City Hall Project for Ideal Demolition Services Invoice No. 0601238 for $219,408.20: Petra, Inc. Application No. 001 CM Fee $57,400 Petra, Inc. Application No. 001 eM Reimbursable $7,001.67 Anvil Fence Company Invoice No. 15289 for $999.60 De Weerd: Okay. Item No.5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, item H, the contract with Owyhee Construction has been asked to be pulled until December 12th, 2006. And with that I move that we approve the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as -- or Consent Agenda as changed. If there Is no discussion, Mr. Berg, will you call roll. Meridian City Council December 5, 2006 Page 4 of 29 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department 1. Blueprint for Good Growth Update: De Weerd: Okay. Under six, Department Reports. Anna. Canning: Madam Mayor, Members of the Council, I felt it important to give you an update on the Blueprint For Good Growth process and document at this point, because I need some direction. Generally in the past I have been fairly comfortable about where the city leaders would want to take the city with regard to this, so I haven't come to you very often, but I need your help. To give you a little bit of background, the consortium, which is kind of the representation by the elected bodies for Blueprint For Good Growth, has conceptually approved the Blueprint For Good Growth document, the plan as it were, and at that meeting each mayor promised to not annex outside a 20 year area of city impact and this was a very important component of that approval or that -- working together, that not annexing into someone else's territory or what's perceived as their future areas of growth was very important and everyone recognized, though, that you would need a 20 year area of city impact, which we currently don't have. We have about a ten or five year area of city impact. In addition to that, each of the elected officials expressed support for the plan and in moving forward and especially they all agreed that there is a need to fix the way that we do the area of city impact negotiation process. Both the county and each mayor agreed that it was a broken system and needed to be fixed and agreed that that may need to include fixes in the state code as well. So, that kind of ended the first phase of Blueprint For Good Growth and from that phase we move forward into the implementation phase. And, again, this implementation phase has always been my focus, because I want the growth management ordinances, the concurrent ordinances, things like that. So, that's been my focus and what I wanted to get out of this and making sure that the plan as it moved forward accommodated that. Then, about a month ago Dr. Freilich produced two documents, both without -- one with regard to the area of city impact process and one with regard to an intergovernmental agreement for the specifics of the implementation phase. And I'd like to talk about the area of city impact negotiation one first. This document was produced without talking to the cities in a special -- you know, getting the cities together, getting the county together or anything, it just showed up. It completely missed the mark. I can't tell you how disappointed I was and I actually just got to about the first half of page and quit reading, because it was so far off the mark. It didn't address a single one of the issues that any of us had raised and, in fact, it asked the city to give up what power it has now. It asked you to give up your ability to annex property, whether or not it's inside an area of city impact, to give that up, to say, no, we will leave it to the county. So, in return for giving that up, all we got was a more bureaucratic process, not less bureaucratic. It didn't fix a Meridian City Council December 12, 2006 Page 2 of 51 and women who are your servants, bless these who have come to participate in their city government in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Henthorn. Item 4 is adoption of the agenda. D. Tabled from December 5, 2006: Contract with Owyhee Construction for Broadwav Avenue Water and Sewer Improvements for $817,576.50: Table to December 19,2006 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item D on the Consent Agenda has been asked to be tabled until December 19th, 2006. And also on the regular agenda, Item No. 8 has been asked to be tabled until December 19th, 2006, and Item 19, an ordinance for an audit presentation has been pulled indefinitely. And also on our Executive Session, not only it will be (1)(c), but it will also be (1)( a), (1 )(b) and (1 )( d). With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the adoption of the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of October 24, 2006 City Council Regular Meeting: B. Approve Minutes of November 14, 2006 City Council Regular Meeting: C. Approve Minutes of November 8, 2006 City Council Special Joint Meeting: E. Findings of Fact and Conclusions of Law for Approval: AZ 06- 042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: F. Findings of Fact and Conclusions of Law for Approval: PP 06- 044 Request for Preliminary Plat approval of 62 residential lots and