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Home My WebLink AboutStandard Form of Agreement with Sunshine Landscape for New Meridian City Hall (2)Init. AIA Document A101/CMaT" —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:01:28 on 12/18/2007 under Omer No.1 00029511 1_1 which expires on 4/4/2008, and is not for resale. (2988357960) User Notes: A� \� �� Document A101ICMa, —1992Mir - I Standard Form of Agreement Between Owner and Contractor the basis of is a STIPULATED SUM ------where payment AGREEMENT — —made as of the i -day of in the year of ADDITIONS AND DELETIONS: (In words, indicate ay, month and year) The author of this document has \ added information needed for its 1 i BETWEEN the Owner: i completion. The author may also { Nal me arid address have revised the text of the original AIA standard form. An Additions and ' CITY OF MER IAN 1 , Deletions Report that notes added j 33 East Idaho Avenue , � information as well as revisions to Meridian, Idaho 83642/-2300 ; the standard form text is available I AI and'the Contractor: from the author and should be i 1 7 4 ,i ( Name and address) reviewed. A vertical line in the left L I % • margin of this document indicates Sunshin. 6' Landscape where the author has added i necessary information and where P.O. Box 724 the author has added to or deleted D " 850 E.Franklin"rive � � Idaho 83680 from the original AIA text. Meridian, Fmthe following Project: This document has important legal j (Include detailed description of Project, location, address and scope.) consequences. Consultation with an ! , ; attorney is encouraged with respect New Meridian City Hall to its completion or modification. 33 East Broadway Avenue The 1992 Edition of AIA Document Meridian, Idaho 83642- _ A201/CMa,General Conditions of the Contract for Construction, An approximately 100,000 square foot,. multi -story city hall office building with a Construction Manager -Adviser basement.'.'-- Edition, is adopted in this document - — by reference. Do not use with other The Construction Manager is:. general conditions unless this I--'(Name and address) document is modified. PETRA INCORPORATED 1097 N. Rosario Street Meridian, -Idaho 83646 ' ; J The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane -- Boise, Idaho 83702 ` _ - The Owner and Contractor agree as set forth below. ----- - - - -- - - --- 11 I i Init. AIA Document A101/CMaT" —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:01:28 on 12/18/2007 under Omer No.1 00029511 1_1 which expires on 4/4/2008, and is not for resale. (2988357960) User Notes: ARTICLE 1 THE CONTRACT DOCUMENTS — The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other ConditionIs), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed L__ _ _in this -Agreement and Modifications issued after execution of this Agreement; these form the Contract, and areas ---- --- ---fully_a.part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor'shall execute the entire Work described in the Contract Documents, except to the extent specifically i indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3:1 The date'of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be 1 i 1 the date of tlus`Agreement, as first written above, unless a different date is stated below or provision is made for the - _ ! date to be f xed in a notice to proceed issued by the Owner. (Paragra qhs deleted)March' 15, 2008 § 3.2the Contractor shall achieve Substantial Completion of the entire Work not later than ) days after the Date I i of Cornmencernent,.' (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements forarlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Doc,euments.)' 1 Portion of Work.._ -- - Substantial Completion date i Provide all labor, material, tools, and -equipment to July 15, 2008 complete landscape, irrigation, and site furnishings scope of -work as noted on the bid documents and -per the`following: Division I— General Requirements . Section 02766 Site Furnishings Section 02810- Irrigation System Section 02840 Plant Material Secrion 02920 - Sod subject to adjustments of this Contract Time as provided in the Contract Documents. ---(Ins I ert provisions, if any, for liquidated damages relating to failure to complete on time.) - — — The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & NOZ100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or Init. AIA Document A101/CMaTM —1992. Copyright 0 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 2 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:01:28 on 12/18/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2988357960) ___ remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or ._remedy islunder law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM —§-4.1-The-Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the -- Contract Sum of One Hundred Ninety Nine Thousand Six Hundred Seventy Eight Dollars & 75/100 ($199;678.75.00), subject to additions and deductions as provided in the Contract Documents. J --§.4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract ! Documents and are hereby.• accepted by the Owner: (State the n; mbers or other identification of accepted alternates. If decisions on other alternates are to be made by the �ne subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the I i amount for each!and the date until which that amount is valid.) I w i None Base Contract § 4:3,Unit prices, if any, are as follows: i Detcription�; Units- Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications foi 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 provided below and elsewhere in tlie�Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3,Provided an Application for Payment is submitted to the Construction Man a er not later than the 25th day of a month, -the Owner -shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payrtient. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the _various`portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or�.Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for'Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as -follows:- -- - § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that ... portion of the Work in the Schedule of Values, less retainage of Five Percent ( 5% ). Pending final 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; Init. AIA Document A101/CMaTa —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 3 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:01:28 on 12/18/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2988357960) J § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); _§_5.6.3 -Subtract the aggregate of previous payments made by the Owner; and § 5.6.4,Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. -- --I i § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon SdbstantL Completion of the Work, a sum sufficient to increase the total payments to ( ) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incolete Work and unsettled claims; and I, 17 § 5:7.2 Add, if final completion i f the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable to accordance with Section 9.10.3 of the General Conditions. A §'S.8 Red c� ion or, limitation of retainage, if any, shall be as follows: .(If it is intended,; prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages' inserted in,Sections 5.6.1 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 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the ' Contractor when (I) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct -nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements,if-any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction.Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS §`7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documenfs.— - § 7.2 -Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below; or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Prime +2% pgr annum — - (Usury laws -and -requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) Init. AIA Document A101/CMaTr —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 4 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:01:28 on 12/18/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2988357960) § 7.4 Other Provisions: (Here list 'any special provisions affecting the Contract.) _ARTICLE 8 TERMINATION OR SUSPENSION -§$a1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. ' § 8. i The Work 'maybe suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract'Documents;;. except for Modifications issued after execution of this Agreement, are enumerated as follows' �i / 19.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA bocument A101/CMa; 1992 Construction Manager -Adviser Edition. § 9.1.2 The'General Conditions ace the General Conditions of the Contract for Construction, AIA Document ' A201/CMa, 19,92tonstruction Manager -Adviser Edition. § 9.1.37he Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document �/ Title Pages �Yolume 2 Phase IV Bidding/General 218 Conditions § 9.1.47he Specifications'are,those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or_ refer.to an exhibit attached to this Agreement.) Title of Specifications exhibit:. Volume I - Technical' Specifications 904 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated 7-27-07 unless a different date is shown below: (Either list the Drawings -here or refer town exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL 0.0 _ Cover Sheet C LOA Notes CLIA - Giading and Drainage Plan C2.1A Details ` L110 Overall.Site Layout Plan -LI.I 1 Site Layout Plan L1.12 Site Layout Plan -L-1.20-- - -Rough Grading Plan L1.21 Amphitheatre Grading Plan L1.30 Materials Plan LI AO Tree Planting Plan LIAI Plan 11.42 _Planting Planting Plan L1.50 Irrigation Plan L1.60 Planting Details L1.61 Irrigation Details AIA Document A101/CMa^' —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is [nit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:01:28 on 12/18/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2988357960) L1.62 L1.65 _L1.66— _LL67_ j L1.68/ _L1.69 Site Details Site Details Stream Water Feature Details Stream Water Feature Wall Details Wood Display Board Details Entry Pools Water Feature Details Canal Water Feature Details Canal Water Feature Details Trellis Details L1.71 / Trellis Details A1.0 ' Restroom Building Floor Plan A2.0 Restroom Building - Building Sections A3.0 ' Restrobm Building - Door & Win. Details A3.1 Restroom Building - Exterior Details A3.2 Restr`oom Building - Structural Details �` M1.0 , Restroom Building Mechanical SEJ .00 Site Electrical Plan S#1:01 Ehlarged Plaza Lighting Plan SE1.02 Enlarged Plaza Power Plan SE1.03 Site Electrical Details SE1.04,,' : Enlarged P1azaLighting Plan - Alternate #4 SETAS Electrical Schedules SE 1.06 Electrical Schedule's (Table deleted) 4I d f f 11 § 9.. The A en a, i any, areas o ows. Number Date Pages Addendum A._ _ - November 20, 2007 14 Addendum A Drawings: CLIA -Grading and Drainage Plan Ll. ,10 Overall Site Layout Plan L-1.20 Rough Grading Plan _.- L`1.30 Materials. Plan L1.40 Tree Planting Plan L1.41 Planting Plan L1:42 Planting Plan i L1.50 Irrigation Plan _L1.70 Trellis -Detail L1.71 Trellis Details _ - 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 §.9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form pan of the Contract Documents. The General - - - - -Conditions-provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Attachment A Inst. AIA Document A101/CMaT" —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, 6 may result in severe civil and criminal penalties, and will be prosecuted to the:maximum extent possible under the law. This document was produced / by AIA software at 10:01:28 on 12/18/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (2988357960) 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 Architect for use j� in the administration of the Contract, and the remainder to the Owner. I 1 __O.WNER CONTRACTOR id CITY OF MERIDIAN, Sunshilne soap An Idaho i ipal Corporation 4 (Printed name do isle ��11144-4 l / nameeand title) _ 'Approved by Couricil: 12f� l � 40-7 Of E i Attest:clal WILLIAM G..,BERG, JR., CWov CLERRCC y S'7 11L �0 \\\; c � i Approved as. to _Content BY: -_KEIT; ATTS, PURCHASING AGENT Dated: -� -� Applloved'as to Form "CITY ATTORNEY _ In(t AIA Document A101/CMaTu —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by. AIA software at 10:01:28 on 12/18/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2988357960) �J � � �1Vt►r�� ® =!AR Document A201/CMarat —1992 General Conditions of the Contract for Construction �— -- ---where-the Construction Manager is NOT a Constructor _—fot the following PROJECT: ---(Name and location or'address): Halle. ADDITIONS AND DELETIONS: 1 New Meridian City 33 East Broadway Avenue The author of this document has 1 f Meridian, Idaho, 83642 added information needed for its + i completion. The author may also have revised the text of the original THE OWNER: r ,� ,. AIA standard form. An Additions and (Name and address): Deletions Report that notes added 1 CITYMERIDIAN ' , information as well as revisions to ,OF � 1 33 East Idahola venue; the standard form text is available Meridian, Idaho 83642-2300 + from the author and should be reviewed. A vertical line in the left 1 THE ARCHITECT:/ margin of this document indicates 1where (Name and address): the author has added LCA ARCHITECTS, P.A. necessary information and where 1221'/Shoreline Lane the author has added to or deleted Boise; Idaho.83702 j from the original AIA text. + This document has important legal consequences. Consultation with an TABLE OF ARTICLES - attorney is encouraged with respect to its completion or modification.1, GENERALPROVISIONS 2 OWNER.-- -- - ` 3 CONTRACTOR,, -4! ADMINISTRATION OFTHE_CONTRACT S SUBCONTRACTORS & , CONSTRUCTION BY OWNER.OR BY OTHER CONTRACTORS _ 7 CHANGES IN'THE'WORK 8. y TIME 9, ' PAYMENTS AND COMPLETION 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 AIA Document A201/CMaTu —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) r INDEX 1 Acceptance of 9.6.6, 9.9.3. of Payment Nonconforming Work 123 Architect, Definition of 4.1.1 —Acceptance of Work 9.6.6, 9.8.2, Architect, Extent of 2.4.1, 3.12.6, 9.9.3, 9.10.1, Authority 4.6.6, 4.7.2, 9.10.3 5.2, 6.3, —.__Access to Work 3.16, 6.2.1, 7.1.2, 7.2.1, A' 12.1 7.4, 9.2, Accident Prevention \ 4.6.6, 10 9.3.1, 9.4, f" Acts and Omissions ; t 3.2.1, 3.2.2, 9.5, 9.6.3, + I 3.3.2, 3.12.8, 9.8.2, 9.8.3, 3.18, 4.6.6, 9.10.1, 4.6.2., 4.7.9, 9.10.3, 12.1, { ` % '8.3.1, 10.1.4, 12.2.1, 10.2.5, 13.5.1, J 7 1 113.4.2, 13.7, 13.5.2, 1 , ' 14.1 14.2.2, 14.2.4 { Addenda ; 1.1.1, 3.11 Architect, Limitations of 3.3.3, 3.12.8, ii Additional,Costs, Claims 4.7.6, 4.7.7, Authority and 3.12.11, j-for i 4.7.9, 6.1.1, Responsibility 4.6.5, 4.6.6, 103 4.6.10, Additional Inspections and 4.6.10, 9.8.2, 4.6.12, l i Testing'. 12.2.1, 13.5 4.6.17, Addition' al Time, Claims 4.7.6, 4.7.8, 4.6.19, ,�•,' for ' 4.7.9, 8.3.2, 4.6.20, 4.7.2, 16.3 5.2.1, 7.4, ADMINISTRATION OF 3.3.3, 4, 9.4, 9.6.4 THE CONTRACT 9.5 Architect's Additional 2.4, 9.8.2 Advertisement or Invitation 1.1.1 Services and Expenses 11.3.1.1, to Bid ! _ __ --- 12.2.1, Aesthetic,Effect 4.6.20,4:9.1 12.2.4, Allowances. - 3.8 13.5.2, All;risk-Insurance-' .1 1.3.1.1 - 13.5.3, 14.2.4 - Applications for Payment. 4.6.9,7 - 3.7, Architect's Administration 4.6, 4.7.6, 9.2, 93, 9.4, of the Contract 4.7.7, 4.8, 9.5.1; 9:6.3, 9.4, 9.5 9.8.3, 9.10'.1, Architect's Approvals 2.4.1, 3.5.1, 9.10.3, 3.10.3, 9.10.4, 3.12.6, _ 11.1.3, 14.2.4 3.12.8, Approvals 2.4; 3.3.3, 3.18.3, 4.6.12 } 3.5, 3.10.3, Architect's Authority to 3.5.1, 4.6.10, 3.12.4 Reject Work 12.1.2, 12.2.1 through Architect's Copyright 1.3 3.12.8, Architect's Decisions 4.6.10, 3.18.3, 4.6.12, 4.6.12, 9.3.2, 4.6.18, - — - - - - - — I 11.3.1.4, 4.6.19, I 13.4.2, 13.5 4.6.20.4.7.2, Arbitration 4.5, 4.7.4, 4.7.6, 4.8.1, 4.9, 8.3.1, 4.8.4, 4.9, ' - � 10.1.2, 6.3,8.1.3, -- -- -- 11.3.9, 8.3.1, 9.2, 11.3.10 9.4, 9.5.1, Architect 4.1 9.8.2, 9.9.1, Architect, and Certificate 4.6.9 10.1.2, Init. AIA Document A201/CMaTu —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 2 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Inst. AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 3 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) 13.5.2, 4.6.16, 4.7.6, 14.2.2, 14.2.4 9.4.3, 9.5.1, Architect's Inspections 4.6.5, 4.6.16, 9.8.2, 9.9.2, 4.7.6, 9.4.3, 9.10.1, 13.5 9.8.2, 9.9.2, Asbestos 10.1.2, 9.10.1, 13.5 10.1.3,.10.1.4 Architect's Instructions 4.6.10, Attorneys' Fees 3.18.1, 4.6.12, 7.4.1, 9.10.2, 10.1.4 9.4.3, 12.1, Award of Separate 6.1.1 13.5.2 Contracts Arclhitect's.Interpretations1 4.6.18, Award of Subcontracts 5.2 ` I 4.6.19, 4.7.7 and Other Contracts for Architects On-Site; 4.6.5, 4.6.9, Portions of the Work I Observations .4.7.6, 9.4.3, Basic Definitions 1.1 ,• 9.5.1, 9.10.1, Bidding Requirements 1.1.1, 1.1.7, 13.5 5.2.1, 11.4.1 ! Archi'tect's Project 4.6.17 Boiler and Machinery 11.3.2 j Representative Insurance Architect's Relationship 1.1.2, 3.2.1, Bonds, Lien 9.10.2 I ',!with Contractor `3.2.2, 3.3.3, Bonds, Performance and 7.3.6.4, 3.5.1, 3.7.3, Payment 9.10.3, 3.11, 3.12.8, 11.3.9, 11.4 3.12.11, 3.16, Building Permit 2.2.3, 3.7.1 3'18, 4.6.6, Capitalization 1.4 4.6.7, 4.6.10, Certificate of Substantial 9.8.2 ,i 4.6.12, Completion 4.6.19, 5.2, Certificates for Payment 4.6.8, 4.6.9, 6.2.2, 7.3.4, 9.3.3, 9.4; % 9.8.2, 10.1.2, 9.5, 9.6.1, - 10.1.4, 9.6.6, 9.7.1, _-_ 10.1.5, 9.8.3,9.10.1, 11.3.7,.12.1, 9.10.3, 13.7, 13.514.1.1.3, Architect's -Relationship -1.1.2, 2.4.1, 14.2.4 - with Construction Manager_ 3.12.6, Certificates of Inspection, 3.12.11, 3.12.8, 4.6.8, Testing or Approval 13.5.4 _ 4.6.10, Certificates of Insurance 9.3.2, 9.10.2, 4.6.14, 11.1.3 4.6.1.6, Change Orders 1.1.1, 2.4.1, 4.6.18, 6.3.1, 3.8.2.4, _ 9.7.1, 9.8, 3.11.1, 9.9.. 1,9.9.2, 4.6.13, 4.7.3, 9.10:1, 5.2.3, 7.1, -- - - 9.10.2, 7.2, 7.3.2, 9.10.3, 8.3.1, 9.3.1.1, 12.2.4, 9.10.3, � 13.5.1, 11.3.1.2, _ - 13.5.2, 11.3.4, --- - ---- - - -I 13.5.4, 14.2.4 11.3.9, 12.1.2 Architect's Relationship 1.1.2, 4.6.6, Change Orders, Definition 7.2.1 with Subcontractors 4.6.7, 4.6.10, of 5.3.1, Changes 7.1 9.6.3,9.6.4, CHANGES IN THE 3.11, 4.6.13, -- - 11.3.7 WORK 4.6.14, 7, Architect's Representations 9.4.3, 9.5.1, 8.3.1, 9.3.1.1, 9.10.1 10.1.3 Architect's Site Visits 4.6.5, 4.6.9, Claim, Definition of 4.7.1 Inst. AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 3 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Claims and Disputes 4.7, 4.8, 4.9, 10.2.2, 11.1, 6.2.5, 8.3.2, 11.3, 13.1, 9.3.1.2, 9.3.3, 13.5.1, 9.10.4, 10.1.4 13.5.2, 13.6, laims.and Timely 4.9.6 14.1.1, -- - - - -- -Assertion of Claims 14.2.1.3 Claims/for Additional 4.7.6, 4.7.7, Concealed or Unknown 4.7.6 Cost 4.7.9, 6.1.1, Conditions `` 10.3 Conditions of the Contract 1.1.1, 1.1.7, Claims for Additional 4.6.9, 4.7.6, 6.1.1 Time ` 4.7.8, 4.7.9, Consent, Written 1.3.1, 3.12.8, i �, 8.3.2 3.14.2, 4.7.4. f Claims for Concealed or j 1 4.7.6 4.9.5, 9.3.2, Unknown Conditions 9.8.2, 9.9.1, j Claims for Damages ! - 3.18, 4.7.9, 9.10.2, 6.1.1, 6.2.5, 9.10.3, 10.12, 8.3.2, 9.5.1.2, 10.1.3, 10. 1.4 11.3.1, _ I 1 Claims Subject to r 4.7.2, 4.8.4, 11.3.1.4, Arbitration X4.6.1 11.3.11, 13.2, Cleaning Up 3.15, 6.3 13.4.2 Commencement of 13.7 CONSTRUCTION BY 1.1.4, 6 Statutory Limitation OWNER OR BY OTHER Period CONTRACTORS i Commencement, of the 2.12 ,2.2.1, Construction Change 7.3.1 ' Work, Conditions Relating 3.2.1, 3.2.2, Directive, Definition of to 1 3:7.1, 3.10.1 Construction Change 1.1.1, 4.6.13, i 3.12.6, 4.7.7, Directives 7.1, 7.3, 5.2.1, 6.2.2, 9.3.1.1 8.1.2, 8.2.2, Construction Manager 4.2 9.2, 11.1.3, Construction Manager, and 2.2.3 } 11.3.6; 11A.1 Building Permits Commencement of the 8.1.2 Construction Manager, 4.7.2 Work, Definition of` ' Claims against Communications, Owner. to '2.2.6 Construction Manager, 4.6.7 - Ak-hitect Communications through Communications, Owner to 2.2.6 Construction Manager, and 3.10.1, 3.10.2 Construction Manager Construction Schedule Communications Construction Manager, 4.2.1 - Facilitating Contract Definition of _Administration 3.9.1 4.6.7, Construction Manager, and 3.11.1 ! 5.2.1 Documents and Samples at ' Completion, Conditions 3.11, 3.15, the Site Relating to 4.6.5, 4.6.16, Construction Manager, 3.12.6, 4.7.2, 9.4.2, Extent of Authority 3.12.8, 4.3, 9.8, 9.9.1, 4.6.3, 4.6.11, - - _ - 9.10, 11.3.5, 7.1.2, 72.1, 12.2.2, 13.7.1 7.3.1, 8.3.1, - - - - -COMPLETION, 9 9.2.1, 9.3.1, PAYMENTS AND 9.4.1, 9.4.3, Completion, Substantial 4.6.16, 9.8.2, 9.8.3, 4.7.5.2, 8.1.1, 9.9.1, 12.1, -^ 8.1.3, 8.2.3, 12.2.1, 9.8, 9.9.1, 12.2.4, 12.2.2, 13.7 14.2.2, 14.2.4 Compliance with Laws 1.3, 3.6, 3.7, Construction Manager, 4.6.6, 4.6.10, 3.13, 4.1.1, Limitations of Authority 13.4.2 AIA Document A201/cMaTTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is 1nIL protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) 4 I and Responsibility 3.17.1, Construction Manager, and 3.10.3 3.18.1, Submittals 3.18.3, 4.6.3, Construction Manager's 12.2.1, 12.2.4 4.6.4, 4.6.6, �— Additional Services and 4.6.11, 5.2, Expenses 6.2.1, 6.2.2, Construction Manager's 4.6, 9.4, 9.5 7.1.2, 7.2.1, _—Administration of the 7.3.4, 7.3.6, Contract 7.3.9, 8.3.1, Coristructio n'Managei's 2.4.1, 3.10.3 9.2.1,9.3.1, i 1 j Approval I`� Manager's 4.6.10, 12.2.1 9.4.1, 9.4.2, 9.4.3, 9.7.1, r I Construction Authority�o Reject Work 9.8.2, 9.9.1, I Construction Manager's 7.3.6, 7.3.7, 9.10.1, Decisions , / 7.3.8, 9.3.1, 9.10.2, 9.4.1, 9.5.1 9.10.3, Construction Manager"s" 4.6.10, 9.4.3, 10.1.1, lnspections� �� / 9.8.2, 9.9.2, 10.1.2, 1 / 1-0.1.5, _ , � Construction Manager's /12.1.1 "9.5.1 10.2.6, _ On -Site Observations 11.3.7, 12.1, ' Construction Manager's 1.i.2, 4.6.8, 13.5.1, { Relationship with Architect 4.6.10, 13.5.2, 13.5.3, 13.5.4 4.6.14, Construction Manager's 2.2.3, 4.6.1, 4.6.16, Relationship with Owner 4.6.2, 10.1.6 4.6.18, 6.3.1, Construction Manager's - _ - 9.2.1, 9.4.2, Relationship with Other 9.4.3, 9.51, Contractors and Owner's 4.6.3 9.6.1, 9.6.3, Own Forces 9.8.2, 9.8.3, Construction Manager's 4.6.10, 5.3.1, ' 9.9.1,.9.-10.1, Relationship with 9.6.3, 9.6.4 _ 9,10.2, Subcontractors ! _ _... 9.10.3, Construction Manager's 9.4.3, 9.5.1 - - 11.1.3, " Representations 12.2.4, Construction Manager's 9.4.4, 9.5.1 13.Sa; Site Visits 13.5.2, Construction Schedules, 3.10, 4.6.3, 13.5.4, Contractor's 4.6.4 ' 14.2.2, 14.2.4 Contingent Assignment of 5.4 Construction Manager's 3.2.1, 3.2.2 Subcontracts Relationship with 3.3.1, 3.3.3, Continuing Contract 4.7.4 ' - - Contractor 3.5.1, 3.7.3, Performance 3.10.1, Contract, Definition of 1.1.2 3.10.2, CONTRACT, 4.7.7, 5.4.1.1, 3.10.3, TERMINATION OR 14 SUSPENSION OF THE 3.12.59 Contract Administration 3.3.3, 49 9.4, --- - -- -- — - -� 3.12.6, 9.5 3.12.8, Contract Award and 3.7.1, 3.10, 3.12.9, Execution, Conditions 5.2,9.2, 3.12.10, Relating to 11.1.3, 3.12.11, 11.3.6, 11.4.1 3.13.2, Contract Documents, The 1.1, 1.2, 7 3.14.2, Contract Documents, 1.3, 2.2.59 5.3 3.15.2, Copies Furnished and Use 3.16.1, of Init AIA Document A201/CMaTa —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) T Contract Documents, 1.1.1 4.6.19, 5.2, -_Definition of 6.2.2, 7.3.4, Contract Performance 4.7.4, 4.9.3 9.2, 9.3.1, During Arbitration 9.8.2, Contract -Sum 3.8, 4.7.6, 9.10.3,1.0.1.2, -------- 4.7.7, 4.8.4, 10.1.5, 1 5.2.3, 7.2, 10.2.6, 7.3, 9.1, 9.7, 11.3.7, 12.1, -- - -� 'A 11.3.1, 12.2.4, 12.3, Contractor's Relationship 13.5 1.1.2, 3.2.1, 1 I I 14.2.4 with the Construction 3.2.2,3.3.1, Contract Sum, Definition ` 9.1.1 Manager 3.3.3, 3.5.1, of � I 3.7.3, 3.7.4, i /J Contract Time J / ; -, 4.7.6, 4.7.8.1, 3.10.1, i 4.8.4, 7.2.1.3, 3.10.2, 7.3, 8.2.1, 3.10.3, 83.1, 9.7, 3.11.1, 1'2. 1.1 3.12.5, Contract Time, Definition 8.1.1 3.12.6, hof % / 3.12.8, ;CONTRACTOR 3 '. 3.12.9, Contractor, Definition of 3.1.1, 6.1.2 3.12.11, Contractor's Bid 1.1.1 3.13.2, i' Contractor's 110 3.14.2, Construction Schedules 3.15.2, Contractor's Employees 3.3.2, 3.4.2, 3.16.1, - i 3.8.1, 3.9, 3.17.1, 3.18, 4.6.6, 3.18.1, 4.6.10, 8.1.2, 3.18.3, 4.6.3, 10.2, 10.3, 4.6.4, 4.6.6, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2.1, 7.3.4, 14.2.1.1- — 7.3.6, 7.3.9, 8.3.1, 9.2.1, Contractor's Liability, 11.1, 11.31!.5 9.3.1, 9.4.1, 9.4.2, 9.4.3, ' I1Lsurane`e -- `- 9.7.1, 9.8.2, 9.9.1, ' -Contractor's Relationsfiip - 312.5, 9.10.1, 9.10.2, 9.10.3, --with Other.Contractors-and 3.14.2, 4.6.3, 10.1.1,10.1.2, 10.1.5, Owner's Own Forces 4.6.7,-12.2.5 10.2.6, 11.3.7, 12.1, 13.5.1, Contractor's Relationship 1.2.4, 3.3.2, 13.5.2, 13.5.3, 13.5.4 with Subcontractors 3.18.1, - Contractor's 1.2.2, 3.5.1, - - 3:18.2, 5.2, Representations 3.12.7, 6.2.2, 5.3, 5.4, 8.2.1, 9.3.3 9.6:2, 11.3.7, Contractor's Responsibility 11,18, for Those -14.2.1.2 Performing the Work 3.3.2, 3.18, Contractor's Relationship 1.1.2, 3.2.1, 4.6.6, 10 with the Architect 3.2.2, 3.3.3, Contractor's Review of 1.2.2, 3.2, --I 3.5.1, 3.7.3, Contract Documents 3.7.3 _ - 3.10.1, Contractor's Right to Stop 9.7 --- --- --- — - --- - 3.10.3, the Work 3.11.1, Contractor's Right to 14.1 3.12.6, Terminate the Contract 3.12.8, Contractor's Submittals 3.10, 3.11, 3.12.9, 3.12, 4.6.12, 3.16.1, 3.18, 5.2.1, 5.2.3, 4.6.6, 4.6.7, 73.6, 9.2, 4.6.10, 9.3.1, 9.8.2, 4.6.12, 9.9.1, 9.10.2, AIA Document A201/CMaTm —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is [nit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 6 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Inst AIA Document A201/CMa*u —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) 9.10.3, 9.5.1.6, 9.7 10.1.2, 11.4.2 Date of Commencement of 8.1.2 ! Contractor's Superintendent 3.9, 10.2.6 the Work, Definition of Date --_ - Contractor's Supervision 1.2.4, 3.3, of Substantial Completion, Definition of 8.1.3 ---- -and Construction 3.4, 4.6.6, Day, Definition of 8.1.4 Procedures 8.2.2, 8.2.3, Decisions of the Architect 4.6, 4.7, 6.3, --- - -- 10 8.1.3, 8.3.1, -- --Contractual Liability ," 11.1.1.7, 9.2, 9.4, Insurance 1-' I 11.2.1, 9.5.1, 9.8.2; A Coordination and ; 11.3.1.5 1.2.2, 1.2.4, 9.9.1, 10.1.2, 13.5.2, j Correlation 3.3.1, 3.10, 14.2.2, 14.2.4 j 3.12.7, 6.2.1 Decisions of the 4.3, 7.3.6, Copies Furnished -of X1.3, 2.2.5, Construction Manager 7.3.7, 7.3.8, 1 Drawings and/ 3.11 9.3.1, 9.4.1, i Specifications , 9.4.3, 9.5.1 Correction of Work ,' 2.3; 2.4, Decisions to Withhold 9.5; 9.7, Certification 14.1.1.3 - ! i '9.8.2, 9.9.1, Defective or 12.1.2, 12.2, Nonconforming Work, 1317.1.3 Acceptance, Cost; Definition of 7.3.6 Rejection and Correction of 2.3, 2.4, Costs 2.4, 3.2.1, 3.5.1, 4.6.1, 3.7.4, 3.8.2, 4.6.10, 4.7.5, 3.15.2., 4.7.6, 9.5, 9.8.2, 47.7; 4.7.8.1, 9.9.1, 10.2.5, 5.2.3, 6.1.1, 12, 13.7.1.3 6.2.3, 6.3.1, Defective Work, Definition 3.5.1 7.3.3.3, 7.3.6, of 7.3.7, 9.7, Definitions J- 9.8.2,.9.10.2, 3.1, 3.5.1, _ 11.3.1.2,11,3. 3.12.1, 1.3, 11.3.4, 3.12.2, - - 11.3.9, 12.1, 3.12.3, 4.1.1, 12.2.1, 4.2.1, 4.7.1, 5.1, 6.1.1, 12.2.5, 13.5, 7.2.1, 7.3.1, % 14 7.3.6, 8.1, = Cutting and Patching 3.14, 6.2.6 9.1, 9.8.1 Damage to Construction of Delays and Extensions of 4.7.1, 4.7.8.1, / Owner or Otber Time 4.7.8.2, 6.1.1, Contractors 3.14'.2, 6.2.4, 6.2.3, 7.2.1, - -9.5.1.5, 7.3.1.3, 7.3.4, 10.2.1.2, 7.3.5, 7.3.8, ' 1 10.2.5, 10.3, 7.3.9, 8.1.1, - 11.1, 11.3, 83, 10.3.1, 12.2.5 14.1.1.4 - ---- - Damage to the Work 3.14.2, 9.9.1, Disputes 4.7, 4.8, 4.9, 10.2.1.2, 6.2.5, 6.3, 10.2.5, 10.3, 7.3.8, 9.3.1.2 11.3 Documents and Samples at 3.11 T Damages, Claims; for 3.18, 4.6.9, the Site 6.1.1, 6.2.5, Drawings, Definition of 1.1.5 8.3.2, 9.5.1.2, Drawings and 10.1.4 Specifications, Use and Damages for Delay 6.1.1, 8.3.3, Ownership of Inst AIA Document A201/CMa*u —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Inst. AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 8 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) 2.2.5, 3.11, Fire and Extended 11.3.1.1, 5.3 Coverage Insurance 11.3.5, 11.3.7 Dutyt Review eview Contract 3.2 GENERAL 1 Documents and Field PROVISIONS `_ __ _ _ Condition's Governing Law 13.1 _—Effective Date of Insurance 8.2.2, 11.1.2 Guarantees (See Warranty j Emergencies 4.7.7, 103 and Warranties) ____ _ _ _Employees, Contractor's 3.3.2., 3.4.2, Hazardous Materials 10.1, 10.2.4 3.8.1, 3.9, Identification of Contract 1.2.1 � 3.18.1, Documents 3.18.2, 4.6.6, Identification of 5.2.1 i 1 4.6.10, 8.1.2, Subcontractors and j I I 10.2, 10.3, Suppliers j 11.1.1, Indemnification 3.17, 3.18, 14.2.1.1 9.10.2, Equipment, Labor, 1.1.3, 1.1.6, 10.1.4, �! j Materials and 3.4, 3.5.1, 11.3.1.2, 3.8.2, 3.12.2, 11.3.7 3.12.3, Information and Services 2.1.2, 2.2, 3.12.7, Required of the Owner 4.7.4, 6.2.6, j 3.12.11, 3.13, 9.3.2, 9.6.1, j 3.15.1, 9.6.4, 9.8.3, 4.6.12, 6.2.1, 9.9.2, 9.10.3, 7..:3.6, 9.3.2, 10.1.4, 11.2, 9.3.3, 11.3, 11.3, 13.5.1, 12.2.4, 13.5.2 a ' 14.1.2, Injury or Damage to 4.7.9 i 14.2.1, 14.2.2 Person or Property Execution and Progress of 1.2.3, 3.4.1, Inspections 3.3.3, 3.3.4, ` I the Work 3.5.1, 4.6.5, 3.7.1, 4.6.5, ,4.6.6, 4.7.4, 4.6.6, 4.6.16, 4.7.8, 6:2.2, 4.7.6, 9.4.3, 7.1.3, 8.2,, 9.8.2, 9.9.2, - - _- 8.3, 9.5, 9.10.1, --- 9.9.1, 10.2.3, 12.1.1, 13.5 - 10.2.4 Instructions to Bidders 1.1.1 Execution, Correlation 1.2, 3:7.1 Instructions to the 3.8.1, 4.6.13, and Intent of the Contractor 5.2.1, 7, 12.1, Contract Documents 13.5.2 _ Extensions -of Time 4.711, 4.7.8, Insurance 4.7.9, 6.1.1, _ ' 7.2.1.3, 8.3, 7.3.6.4, 9.3.2, 10.3.1 9.8.2,9.9.1, Failure of Payment by 9.5..1.3, 9.10.2, 11 `- Contractor 14.2.1.2 Insurance, Boiler and 11.3.2 '- Failure of Payment by. 4.7.7, 9.7, Machinery Owner 14.1.3 Insurance, Contractor's 11.1, Faulty Work (See_' Liability 11.3.1.13 .. - Defective or Insurance, Effective Date 8.2.2, 11.1.2 — -- - -Nonconforming Work) of Final Completion and 4.6.1, 4.6.16, Insurance, Loss of Use 11.33 Final Payment i 4.7.2, 4.7.5, Insurance, Owner's 11.2, 11.3.1.3 9.10, 11.1.2, Liability 11.1.3, Insurance, Property 10.2.5, 11.3 T 11.3.5, Insurance, Stored Materials 9.3.2, 12.3.1, 13.7 11.3.1.4 Financial Arrangements, 2.2.1 INSURANCE AND 11 Owner's BONDS Inst. AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 8 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Insurance Companies, 9.9.1, l 1.3.11 3.18, 4.6.10, Y Consent to Partial 4.6.12, Occupancy 4.6.19, 6.2.2, Insurance ;Companies, 11.3.10 9.4.3, 9.6.4, _ _._--___Settlement with 9.10.4, _- - ---- -Intent.of.the Contract 1.2.3, 3.12.4, 10.1.4, Documents 4.6.10, 10.2.5, 4.6.12, 11.1.2, -- - --- 4.6.19, 11.2.1, Interest - 4.6.20; 7.4 11.3.7, Interpretation i 13.6 13.4.2, 13.5.2 1.2.5, 1.4, Limitations of Time, 2.2.1, 2.2.4, 1S, 4.1.1, General 3.2.1, 3.7.3, { j 1 4.7.1, 5.1, '6.1.2, 8.1.4 3.8.2, 3.10, 3.12.5, { Interpretations, Written 4.6.18, 3.15.1, 4.6.1, 4.6.19, 4.7.7 4.6.12, Joinder and Consolidation 4.9.5 4.6.18, 4.7.2, I of,Claims Required I Judgment on Final- / 4.9.1, 4.9.4.1, 4.7.3, 4.7.4, 4.7.6,.4.7.9, Award", , "4.9.7 4.6.4.2, 5.2.1, I Labor and Materials, 1.1.3, 1.1.6, 5.2.3, 6.2.4, i Equipment,//' 3.4; 3.5.1, 7.3.4, 7.4, 3!8.2, 3.12.2, 8.2, 9.2, 9.5, 3.12.3, 9.6.2, 9.8, 3:,12.7, 9.10, 11.1.3, ' I 3:12.11, 3.13, 11.3.1, 3.15.1, 11.3.2, 4.6.12, 6.2.1, 11.3.5, 7.3.6, 9.3.2, 11.3.6, - - - 9.3.3, 12.2.4, 12.2.1, - 14.1.2,- -- ; 12.2.2, 13.5, 14.2.1,14.2.2 13.7,14.3 Labor Disputes _ 8.3.1 Limitations of Time, 2.1.2, 2.2.1, ' L-a'-s`and Regulations 1.3, 3.6,3.7, Specific 2.4, 3.10, 3.13, 4.1.1, 3.11, 3.15.1, 4.9.7, 4.6.1, 4.6.18, 9.9.1, 10.2.2, 4.7, 4.8, 4.9, 11.1, 1.1.3, 5.3, 5.4, 13.1, 13.4.1, 7.3.5, 7.3.9, _ 13.5.1, 8.2, 9.3.1, Liens) 13.5.2, 13.6 9.3.3, 9.4.1, 2.1,.2, 4.7.2, 9.6.1, 9.7, 4.7.5.1, 8.2.2, 9.8.2, 9.10.2, 9.3.3, 9.10.2 11.1.3, Limitation on 4.9.5 11.3.6, Consolidation. or Joinder 11.3.10, Limitations, Statutes of 4.9.4.2, 11.3.11, -- - ---- --- -1 12.2.6, 13.7 12.2.2, Limitations of Authority 3.3.1, 4.6.12, 12,2,4, 4.6.17, 5.2.2, 12.2.6, 13.7, 5.2.4, 7.4, 14.1, 14.2.2 -J 11.3.10 Loss of Use Insurance 11.3.3 Limitations of Liability 2.3, 3.2.1, Material Suppliers 1.3.1, 3.12.1, 3.5.1, 3.7.3, 4.6.7, 4.6.10, 3.12.8, 5.2.1, 9.3.1, 3.12.11, 3.17, 9.3.1.2, 9.3.3, [nit. AIA Document A201/CMaTm —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 9 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Inst. AIA Document A201/CMaTa —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 10 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) 9.4.3, 9.6.5, 5.2.1, 5.3, 9.10.4 5.4.1.1, 8.2.2, j Materials Hazardous 10.1, 10.2.4 9.4.1, 9.5.1, I Materials,! Labor, 1.1.3, 1.1.6, 9.7, 9.10, --Equipment and 3.4.1, 3.5.1, 10.1.2, 3.8.2, 3.12.2, 10.2.6, / 3.12.3, 11.1.3, 11.3, 3.12.7, 12.2.2, 3.12.11, 3.13, 12.2.4, 13.3, 3.15.1, 13.5.2,14 4.6.12, 6.2.1, Notice of Testing and 13.5.1, 13.5.2 ! j 7.3.6, 9.3.2, Inspections 9.3.3, 12.2.4, Notice to Proceed 8.2.2 - 14.1.2, Notices, Permits, Fees 2.2.3, 3.7, 14.2.1, 14.2.2and 3.13, 7.3.6.4, Means, Methods, 10.2.2 Techniques, Sequences 'd Observations, Architect's 4.6.5, 4.6.9, Procedures of Construction 3.3.1, 4.6.6, On -Site 4.6.10, 4.7.6, 1 , 4.6.12, 9.4.3 9.4.4, 9.5.1, - I, Minor Changes in the 1.1.1, 4.6.13, 9.10.1, _ Work .'� �� 4.7.7, 7.1, 7A 12.1.1, 13.5 MISCELLANEOUS IS Observations, Construction 9.4.4, 12.1.1 PROVISIONS' ' Manager's On -Site Modifications, Definition 1.1.1 Observations, Contractor's 1.2.2, 3.2.2 of, Occupancy 9.6.6, 9.8.1, Modifications to the 1.1.1, 1.1.2, 9.9, 11.3.11 4.6.5, 4.6.16, Contract 3:7.3, 3.11, On -Site Inspections by the 4.1.2, 4.6.1, Architect 4.7.6, 9.4.4, \\ 5.2.3, 7, 9.8.2, 9.9.2, 8.3.1, 9.7 9.10.1 Mutual Responsibility l 6.2 On -Site Observations by 4.6.5, 4.6.9, Nonconforming Work, 12.3 the Architect 4.7.6, 9.4.4, Acceptanceof 9.5.1, 9.10.1, Nonconforming Work, 2.3.1, 4.7.5.2, 13.5 Rejection and Correctiortof_ 9.5.2, 9.8.2, On -Site Observations by 9.4.4, 9.5.1 - - % 12, 13.7.1.3 the Construction Manager Notice 2.3, 2.4, Orders, Written 2.3, 3.9, 3.2.1, 3.2.2, 4.7.7, 7, 3.7.3, 3.7.4, 8.2.2, 11.3.9, 3.9, 3.12.8, 12.1, 12.2, 3.12.9, 3.17, 13.5.2, 14.3.1 4.7,,4.8.4, Other Contracts and 1.1.4, 3.14.2, _ 4.9, 5.2.1, Contractors 4.6.7, 4.9.5, 5.3, 5.4.1.1, 6, 11.3.7, �. 8.2.2, 9.4.1, 12.1.2, 12.2.5 9.5.1, 9.7, OWNER 2 9.10, 10.1.2, Owner, Definition of 2.1 _ 10.2.6, Owner, Information and 2.1.2, 2.2, - - -- - - -- - - - 11.1.3, 11.3, Services Required of the 4.6.2, 4.6.4, 12.2.2, 6, 9, 10.1.4, 12.2.4, 13.3, 10.1.6, 11.2, 13.5.1, 11.3, 13.5.1, ' 13.5.2, 14, 14.1.1.5, Notice, Written 2.3, 2.4, 3.9, 14.1.3 3.12.8, Owner's Authority 3.8.1, 5.2.1, 3.12.9,4.7, 5.2.4, 5.4.1, 4.8.4, 4.9, 7.3.1, 8.2.2, Inst. AIA Document A201/CMaTa —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 10 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) 9.3.1, 9.3.2, 11.3.5, 12.3.1 V 11.4.1, Payment Bond, 7.3.6.4, 12.2.4, Performance Bond and 9.10.3, 13.5.2, 14.2, 11.3.9, 11.4 14.3.1 Payments, Progress 4.7.4, 9.3, — _- Owner's Financial 2.2.1, 9.6, 9.8.3, Capability 14.1.1.5 9.10.3, 13.6, L ___ Owner's Liability 11.2 14.2.3 ® ----Insurance 1 ., PAYMENTS AND 9,14 Owner's Loss -of Use,' 11.3.3 COMPLETION insurances Payments to 5.4.2, 9.5.1.3, j f I Owner's Relationship with 1.1.2, 5.2.1, Subcontractors 9.6.2, 9.6.3, Subcontractors, 5.4.1, 9.6.4 9.6.4, 11.3.8, Owner's'Right to Carry 2.4; 12.2.4, 14.2.1.2 i Out the Works j 14.2.2.2 PCB 10.1.2, 1 j Owner's Right to Clean 6.3 10.1.3, 10.1.4 Up' 4 J Performance Bond and 7.3.6.4, Owner's Right to 6.1 Payment Bond 9.10.3, _ Perform. Construction 11.3.9, 11.4 with Own Forces and to Permits, Fees and Notices 2.2.3, 3.7, Award, Other Contracts 3.13, 7.3.6.4, Owner's Right to Stop 2.3; 4.7.7 10.2.2 the Work i PERSONS AND 10 Owner's Right to Suspend 14.3 PROPERTY, the Work, PROTECTION OF Owner's Right to 14.2 Polychlorinated Biphenyl 10.1.2, Terminate the Contract 10.1.3, 10.1.4 Ownership and Use of 1.1.1, 1.3, Product Data, Definition of 3.12.2 Architect's Drawings, 2.2.5, 5.3 Product Data and 3.11, 3:12, Specifications and Other ' _ Samples, Shop Drawings 4.2.7 Documents � -- Progress and Completion 4.6.5, 4.7.4, Partial Occupancy or Use - 9.6.6, 9:9,-. 8.2 _ _ 11.3.11 Progress Payments 4.7.4, 9.3, Patching; Cutting and 3.14, 6.2,6 9.6, 9.8.3, - Patents, Royalties and-, 3.17 9.10.3, 13.6, Payment, Applications 4.6.9, 9.2, 14.2.3 for _ 9.3, 9.4; . Project, Definition of the 1.1.4 9.5.1, 9.8.3, Project Manual, 1.1.7 9.10.1, Definition of the -" 9.10.3, Project Manuals 2.2.5 9.10.4, 14.2.4 Project Representatives 4.6.17 Payment, Certificates for 4.6.9, 4.6.16, Property Insurance 10.2.5, 11.3 _ 9.3.3, 9:4, PROTECTION OF 10 ` - - 9.5, 9.6.1, PERSONS AND 9.6.6, 9.7.1, PROPERTY 9.8.3, 9.10.1, Regulations and Laws 1.3, 3.6, 3.7, 9.10.3, 13.7, 3.13, 4.1.1, - 14.1.1.3, 4.9.7, 10.2.2, -- - - - 14.2.4 11.1, 11.3, Payment, Failure of 4.7.7, 9.5.1.3, 13.1, 13.4, 9.7, 9.10.2, 13.5.1, 14.1.1.3, 13.5.2, 13.6, 14.2.1.2 14 _I Payment, Final 4.6.1, 4.6.16, Rejection of Work 3.5.1, 4.6.10, 4.7.2, 4.7.5, 12.2. 9.10, 11.1.2., Releases of Waivers and 9.10.2 11.1.3, Liens Inst AIA Document A2011CMaTe —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Representations 1.2.2, 3.5.1, Contractors 3.12.7, 6.2.2, Shop Drawings, Definition 3.12.1 8.2.1, 9.3.3, of 9.4.3, 9.5.1, Shop Drawings, Product 3.11, 3.12, t — - 9.8.2, 9.10.1 Data and Samples 4.6.11, -------Representatives 2.1.1, 3.1.1, 4.6.12, 4.6.15 3.9, 4.1.1, Site, Use of 3.13, 6.1.1, 4.6.1, 4.6.17, 6.2.1 -- - -- 5.1.1, 5.1.2, Site Inspections 1.2.2, 3.3.4, 13.2.1 4.6.5, 4.6.16, Resolution of Claims and, 4.8, 4.9 4.7.6, 9.8.2, i Disputes 9.10.1, 13.5 Responsibility for Those r 3.3.2, 4.6.6, Site Visits, Architect's 4.6.5, 4.6.9, Performipg the Work 6.2., 10 4.7.6, 9.4, Retainage f 9.3.1, 9.6.2, 9.5.1, 9.8.2, 9.8.3, 9.9.1, 9.9.2, 9.10.1, 9.10.2, 9.10.3 13.5 f Review of Contracts 1.2.2, 3.2, Special Inspections and 4.6.10, Documents and Field 3.7.3, 3.12.7 Testing 12.2.1, 13.5 Conditions by Contractor Specifications, Definition 1.1.6 - Review of Contractor's of the Submittals by, Specifications, The 1.1.1, 1.1.6, Owner, Construction 3.10.1, 1.1.7, 1.2.4, Manager and Architect 3:10.3, 3.11, 1.3, 3.11 f I 3.12, 4.6.12. Statute of Limitations 4.9.4.2, 4.6.16, 5.2.1, 12.2.6, 13.7 II 5:2.3, 9.2, Stopping the Work 2.3, 4.7.7, - 9.8.2 9.7, 10.1.2, Review of Shop Drawings, 3.12.5 10.3, 14.1 Product Data and Samples Stored Materials 6.2.1, 9.3.2, by Contractor . _ _ - 10.2.1.2, i Rights and Remedies 1.1.2, 2.3,---, 11.3.1.4, ' 2.4; 15.1, 12.2.4 3.15.2, Subcontractor, Definition 5.1.1 - 4.6.10, 4.7.6, of 4.9, 5.3, 6.1, SUBCONTRACTORS 5 6.3, 7:3.1, Subcontractors, Work by 1.2.4, 3.3.2, 8.3.1, 9.5.1, 3.12.1, 4.6.6, 9.7, 10.2.5, 4.6.10, 53, - _ - - 10.3, 12.2.2, 5.4 - 12. 2.4, 13.4, Subcontractual Relations 5-3,5.4, 14 9.3.1.2, 9.6.2, _ Royalties and Patents 3.17 9.6.3, 9.6.4, Rules and Notices for 4.9.2 10.2.1, Arbitration 11 11.3.7, _ Safety of 'Persons and,, 10.2 11.3.8, -Property 141.1, - Safety Precautions and 4.6.6, 4.6.12, 14.2.1.2, --Programs - - 10.1 14.1.3 Samples, Definition of 3.12.3 Submittals 13, 3.2.3, Samples, Shop Drawings, 3.11, 312, 3.10,111, Product Data and 4.6.12 3.12, 4.6.12, _ Samples at the Site, 3.11 5.2.1, 5.2.3, Documents and 7.3.6, 9,2, Schedule of Values 9.2, 9.3.1 9.3.1, 9.8.2, Schedules, Construction 3.10 9.9.1, 9.10.2, Separate Contracts and 1.1.4 9.10.3, 11.1.3 AIA Document A201/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 12 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Subrogation, Waivers of 6.1.1, 11.3.5, Extensions of 8.3 v� 11.3.7 Time Limits, Specific 2.1.2, 2.2.1, Sutisttal Completion 4.6.16, 8.1.1, 2.4, 3.10, 8.1.3, 8.2.3, 4.6.18, 4.7, 9.8; 9.9.1, 4.8.1, 4.83, ------- - 7 12.2.1, 4.8.4, 4.9.1, { 12.2.2, 13.7 4.9.4.1, !Substantial Completion, 9.8.1 4.9.4.2, 53, of 5.4, 73.5, i^, i Substitution of� 5.2.3, 5.2.4 73.9, 8.2, 1 Subcontractors 9.2, 93.1, Substitution of Architect ' 4.4 9.3.3, 9.4.1, Substitution of i 4.4 9.6.1, 9J, Construction Manager i _ 9.8.2, 9.10.2, Substitutions of Materials' 3.5.1 11.1.3, Sub=subcontractor, 5.1.2 11.3.6, Definition of/� � I 11.3.10, I Subsurface Conditions 4.7.6 113.11, Successors and Assigns 13.2 12.2.2, !;'Superintendent 3.9, 10.2.6 12.2.4, Supervision and 1.2.4, 3.3, 12.2.6, 13.7, Construction Procedures 3.4, 4.6.6, 14 4.7.4, 6.2.4, Time Limits on Claims 4.7.2, 4.7.3, l 713, 7.3.4, 4.7.6, 4.7.9, �! 8.2, 8.3.1, 10, 4.8, 4.9 { 12,14 Title to Work 9.3.2, 9.3.3 Surety 4.8.1, 4.8.4, UNCOVERING AND 12 - - lip, 5.4.1.2, CORRECTION OF 9.10.2, WORK __- - 9.10.3, 14.2.2 Uncovering of Work 12.1 Surety, Consent of. - 9.10.2, 9.10.3 Unforeseen Conditions 4.7.6, 83.1, Surveys - ! 2.2.2,3-18.3 10.1 Suspension.by the Owner 14:3 Unit Prices 7.1.4, 733,2 f for, Convenience_ , Use of Documents 11.1, 1.3, Suspension of the Work' 4.7.7, 5.4.2, 2.2.5, 3.12.7, 14.1.1.4, 14.3 5.3 Suspension or Termination ' 4'.7.7, 5.4.1.1, Use of Site 3.13; 61.1, of the Contract 14 6.2.1 i j Taxes 13.6, 7.3.6.4 Values, Schedule of 9.2, 93.1 Termination by the 14.1 Waiver of Claims: Final 4.7.5, 4.9.1, Contractor Payment 9.10.3 1; Termination -by the 5.4:1.1, 14.2 Waiver of Claims by the 13.4.2 Owner for Cause Architect -- Termination of the, 4.4 Waiver of Claims by the 9.10.4, Architect Contractor 11.3.7, 13.4.2 Terptination of the 4.4 Waiver of Claims by the 4.7.5, 4.9.1, = -Construction Manager _'' Owner 9.9.3, 9.10.3, _ Termination of the 14.2.2 11.3.3, -- - -Contractor — - 11.3.5, TERMINATION OR 14 11.3.7, 13.4.2 SUSPENSION OF THE Waiver of Liens 9.10.2 CONTRACT Waivers of Subrogation 6.1.1, 11.3.5, Tests and Inspections T 3.33, 4.6.10, 11.3.7 4.6.16, 9.4.3, Warranty and 3.5, 4.6.16, 12.2.1, 13.5 Warranties 4.7.5, 9.3.3, TIME 8 9.8.2, 9.9.1, Time, Delays and 4.7.8, 7.2.1, 12.2.2, AIA Document A201/CMan —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init• protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1$ may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Written Orders 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 Init. AIA Document A201/CMaT" —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) 13.7.1.3 Weather Delays 4.7.8.2 When Arbitration May 4.9.4 Be Demanded ___ Work,Definition of 1.1.3 _W —ritten Consent � 1.3.1, 3.12.8, 3.1.4.2, 4.7.4, 4.9.5, 9.3.2, 9.8.2, 9.9.1, -, 9.10.2, 9.10.3, 10.1.2, I 1 10.1.3, f 11.3.1, 11.3.1.4, 11.3.11, 13.2, j ! 13.4.2 j Written Interpretation's 4.6.18, 4.6.19 4.7.7 I Written'Notice X2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.7.1, 4.7.6, 4.7.9, 4:8.4, 4.9.4.1, i Written Orders 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 Init. AIA Document A201/CMaT" —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) ARTICLE 1 GENERAL PROVISIONS _§ j.1. BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), i ___ Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda -- --- —issuedprior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by p --------the- I Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other doments such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor'slbid or portions of addenda relating to bidding requirements). a § 1.1.2 THE CONTRACT The! Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be fconstrued to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Construction Manager and Contractor, (3) between the Architect and Construction Manager, (4) between the Owner and a Subcontractor'or' Sub -subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. i § 1.1.3 THE WORK The term "Work" means the construction and services required, implied, or reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and f services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may y constitute the whole or a part of the Project. The Work includes providing such supplementary or miscellaneous items, appurtenances and devises to the extent required by, or reasonably inferable from, the Contract Documents (.whether shown or not) incidental to or necessary for a sound, secure, complete and functional installation. Further, the Work includes all labor, materials, equipment and services necessary to complete its Work in accordance with all applicable laws, including'building related code requirements. § 1.1.4 THE PROJECT The'Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may includeconstruction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager. §,1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS - The-Specifie'ations,are that -portion of the Contract Documents consisting of the written requirements for materials equipment, construction systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, - - --- sample,forms, Conditions of the Contract and Specifications. § 1.1.8 FURNISH Unless specifically limited in context, the word "furnish" and any derivatives thereof shall mean to deliver the specified items, materials or equipment (and all necessary appurtenances to the extent required by, or reasonably inferable from, the Contract Documents for a proper installation) to the Project site and store in a secure location. Inst. AIA Document A201/CMaTu —1992. Copyright 0 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 1.1.9 INSTALL The. word,"install" and any derivatives thereof shall mean to incorporate the specified items, materials or equipment ' into the Work including all necessary labor, materials and connections to the extent required by, or reasonably inferable from, the Contract Documents to perform a proper and complete installation of the items, materials or _equipment in a condition ready for use or operation, including but not limited to, unpacking and assembly of the item„ material or equipment. __§ JAA0 PROVIDE ,- --- — - The word "provide" anS'any derivatives thereof shall mean to furnish and install as defined above. § 1.1.11 EXPRESSED VERBS In the interest ofconciseness, the Contract Documents may contain phrases with expressed verbs, such as furnish, install, provide, perform, construct, erect, comply, apply or submit. Such phrases shall be construed to include the appropriate form of the phrase "the Contractor shall" preceding the expressed verb and the requirements described therem shall be,a mandatory�element of this Contract. § 1.1.12 SEE In the interest of conciseness, the Contract Documents may contain references to specification sections and details preceded by the word "see". Such references shall be construed to include the appropriate form of the phrase, ", and comply with, .' § 1.1.13 INDICATED OR SHOWN The words "indicated" or "shown" and any derivative thereof shall mean "as detailed, scheduled, schematically depicted or stated in Contract Documents." § 1.1.14 INCLUDING The words "include", "includes"; or "including" shall be deemed to be followed by the phrase "without limitation." '§1.1.15 APPROVED, DIRECTED, SELECTED The words "approved, directed, selected" and similar words and phrases shall be presumed to be followed by "by Architect" The words "satisfactory, submitted, reported" and similar words and phrases shall be presumed to be followed by ,'to Architect". § 1.2 EXECUTION, CORRELATION AND INTENT § 11.1 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 identify such unsigned Documents upon -request. § 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of'the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the -intended results. The Contractor shall notify the Construction Manager of any materials indicated but not specified as to finish, quality or installation. Unless otherwise directed by the Construction Manager, any materials not - -- -specified shall be -consistent in finish, quality and installation as the adjacent or similar finished conditions. § 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 that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Inst AIA Document A201/CMaT° —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 16 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. (2664130943) User Notes: § 1.2.6 In the event of an inconsistency, conflict, or ambiguity between or among the Contract Documents that --cannot-be, resolved consistent with the provisions of Sections 1.1 and 1.2, the Contractor shall request a clarification from the Construction Manager. For the purpose of determining which Work affected by an unresolved inconsistency, conflict, or ambiguity shall be presumed to be included in the Contract Sum, the Contract Documents _shall_take'precedence in the following order: 7.1 Written modifications to the Agreement; Change Orders, Construction Change Directives and ASIS, with those a later date taking precedence over those of an earlier date; .2 The Agreement; ` .3 1~Written Supplementary Conditions, if any, to the General Conditions; .41 General Conditions; 5 Specifications; .6 Drawings. Drawing details shall have precedence over plans, sections and elevations. Drawings of a larger scale shall have precedence over those of a smaller scale. Figured dimensions shall have I r precedence over, scaled dimensions. § 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS §;1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's, service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract'record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and 'unless otherwise indicated the Owner shall be deemed the author of them and will retain all common law; statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record.set, shall be returned or suitably accounted for to the Owner, on request, upon completion of the Work: The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely, with respect to this Project. They are not to be used by the Contractor or any Subcontracto'r,Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope.of the Work without the specific written consent of the Owner. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, ifany, shown -on the Drawings, Specifications and other 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 Owner's copyright or other reserved rights. P.3.2 Although Owner requested Architect to prepare Construction Documents that are accurate, adequate, consistent, coordinated, and sufficient for construction, OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING SUCH DOCUMENTS. Contractor again hereby acknowledges and represents that it has received, reviewed, and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction; and that Contractor has not, does not, and will not rely upon any representations or warranties by j Owner concerning ;such documents, as no such representations or warranties have been or are hereby made. _ - § 1.4 CAPITALIZATION §'1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles of (3) the titles of other documents published by the American Institute of Architects. § 1.5 INTERPRETATION - - - § 1.5.1 In the,interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. I § 1.6_RELATIONSHIP BETWEEN PROJECT TEAM MEMBERS § 1.6.1 The Owner and Contractor agree that their objectives for this Contract are to: .1 Complete the Project according to the highest standards of quality; .2 Complete the Project on time; .3 Complete the Project within or under budget or estimates; Init. AIA Document A201/CMan —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) A Continually endeavor to reduce the cost of the Project; Avoid and minimize delays on the Project and the critical path; .6 Promote positive public relations; .7 Make the work on the Project enjoyable; Construct the Project and administer the Contract Documents so that all parties are treated fairly; _ 9 Avoid injuries; and — �.10 Complete the Project without litigation. — _§41.2 In furtherance of the objectives set forth in Section 1.6.1, the Owner and Contractor shall endeavor to �— promote harmony and ° cooperation among each other and others employed for the Project, and agree to deal with r 1 C-1, each other and others' in a fair, reasonable, trusting and professional manner. In furtherance of the above, the Owner j I and�Contractor shalO I I .1 Communicate and resolve problems within the terms of the Contract Documents; I ..2 Make decisions at the lowest possible level; .3 Communicate openly and honestly; .4 Treat each other'with mutual respect, resolve personal conflicts immediately, avoid personal attacks, Wand focus on the merits of the Project; 1 .5 Timely notify each party of meetings; 8% Attend and support weekly, morning and other meetings; { .7 Prevent grudges from interfering with professionalism and the merits of the Project; 8 Use best their best, efforts to resolve any claims or disputes, including direct negotiations with each Vother in good faith' and, recognizing their mutual interests, attempt to reach a just and equitable 'solution; and _...9 Admit errors, mistakes and false starts. ARTICLE 2, =OWNER § 2.1 DEFINITION § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information that is I {necessary"and. relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such ? information shall-include a correct statement of the record legal title to the property on which the Project is located, 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. i r §.2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 [Deleted.] f § 2.21 The Owner, has furnished some information regarding the characteristics of the Project site. By furnishing such material,. the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or t explicitly, or at all, and shall have no liability therefor. The Contractor shall confirm the location of each utility, -- - shall excavate and dispose of each on-site utility and cap each off-site utility as required by the Work and as may be included in the Contract Documents, Owner does not assume any responsibility regarding any surveys, test borings, i or other investigations regarding the site, and makes no warranty or guaranty regarding the site conditions. The -Contractor shall make such site investigations as the Contractor deems necessary, and make available to the Owner, Construction Manager and Architect all reports of such site investigations. § 2.2.3 Except for-permits and fees that 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 theContractDocuments, 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 with reasonable promptness to avoid delay in orderly progress of the Work. Inst. AIA Document A201/CMaT" —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 18 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. (2664130943) User Notes: ,_§.2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such i copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 1 � ______§-2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall ■ ----- -contemporaneously provide the same communications to the Architect. i §.2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and -- - especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion)' and Article 11 (Insurance and Bonds). § 2.3 OWNER'S RIGHT TO STOP THE WORK § 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required bylSection 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the'Owner, by written order signed personally or by an agent specifically so empowered by the Owner I 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. §14 OWNER'S RIGHT TO CARRY OUT THE WORK § 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction ' of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting f from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Construction Manager's and Architect's and their respective consultants' additional services and expenses made necessary by such default,'neglect or failure. If payments then or thereafter due the Contractor are not sufficient to.coversuch amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR' § 3.1 DEFINITION;.REPRESENTATIONS AND WARRANTIES § 3.1.1 The Contractor is the, person or entity identified as such in the Agreement and is referred to throughout this Agreement as- if singular. in number. The term "Contractor" means the Contractor or the Contractor's authorized ' representative. -- § 3:1.2 The plural term. "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are. th administered 6y e Construction Manager, and that are identical or substantially similar to these Conditions. § 3.1'.3 The Contractor makes the following express representations and warranties to the Owner, which shall survive the execution and delivery of*the Agreement: .1 Contractor is fully qualified to act as a public works contractor for the Project and has, and shall maintain, any and all licenses, permits, or other authorizations necessary to perform the Work; .2 Contractor has become familiar with the Project site and the conditions under which the Project is to be constructed and operated; .3 Contractor has become familiar with all legal requirements applicable to the Work, including, not limited to, all applicable laws, statutes, ordinances and building codes; - - -- -- - - -;4-- - Contractor has received, reviewed, compared, studied and carefully examined all of the Contract Documents and, except as reported, found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for the bidding and construction of the Work. Such review, comparison, study, and examination shall be a warranty that the Contract Documents are complete and the Project is buildable as described therein, except as reported to Construction Manager in writing; and .4 That the Contract Time is a reasonable period for performing the work. Init.AIA Document A201/CMaTa —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 19 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR _§ 3.2.1 The Contractor shall have a continuing duty to study and compare the Contract Documents with each other, the Contractor's submittals and with information furnished by the Owner pursuant to Section 2.2.2. The Contractor Tshall immediately report to the Construction Manager any errors, inconsistencies or omissions discovered. The _ Contractor shall not be liable to the Owner, Construction Manager or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it 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 perf1ormance and shall bear an appropriate amount of the attributable costs for correction. § 3.2.2 The Contractor shall have a continuing duty to take field measurements and verify field conditions and shall carefully compare � ch field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported Jto tlie Construction Manager and Architect at once. § 3:2.3 The Contractor,shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Section 3:12. I; §3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of the Construction Manager as provided in Sections 4.6.3 and 4.6.4. §!3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. § 3.3.3 The Contra_ctor.shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either,by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. / § 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent Work. I, § 3.3.5 TheContractorshall timely request and coordinate tests and inspections required to complete the Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise -provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and, services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated onto be incorporated in the Work. § 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks. assigned -to them. - — - - • § 3:4.3 After the Contract has been executed, the Owner after consultation with the Construction Manager and ' Architect, will consider a formal request for the substitution of products in place of those specified only under the following conditions (and only if submitted on the substitution request form set forth in the Contract Documents): .1 Required product cannot be supplied in time for compliance with Contract time requirements; .2_ __Required product is not acceptable to a governing authority, or determined to be non -compatible, or cannot be properly coordinated, warranted or insured, or has other recognized disability as certified by Contractor; Inst. AIA Document A201/CMaTa —1992. Copyright 0 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 20 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2006, and is not for resale. User Notes: (2664130943) I I .3 Substantial advantage is offered to the Owner after deducting offsetting disadvantages including — delays, additional compensation to Architect and Construction Manager for redesign, investigation, evaluation and other necessary services and similar considerations; and .4 The specified product or method or construction cannot be provided in a manner that is compatible with other materials, or cannot be properly coordinated, warranted, or insured, and where the �.. - Contractor certifies that the substitution will overcome the deficiency. §-3.4.4 By making requests for substitutions based on Section 3.4.3 above, the Contractor: -7 .1 Represents that he has personally investigated the proposed substitute and determined that it is equal or superior in all respects to that specified; .2 ! Represents that it will provide the same warranty for the substitution that it would for that specified; .3 Certifies that the cost data presented is complete and includes all related costs under separate contracts, but excludes the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently becomes apparent; and .4 Will coordinate'the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. §14.5 All materials delivered bey or on account of the Contractor and intended to be incorporated into the construction of the Project shall become the property of the Owner as delivered, but the Contractor may repossess himself of any surplus remaining at the completion of this Contract. All scaffolding, apparatus, ways, works, machinery and plans brought upon the premises by the Contractor shall remain his property, but in the case of ,'default, and completion of the Work by the Owner, Owner shall be entitled to use such scaffolding, apparatus, ways, works, machinery and plans without cost or liability for depreciation or damage by such use and without prejudice to Owner's other rights or remedies for any damage or loss sustained by reason of said default. §1.5 WARRANTY: § 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first- class results, that all materials and equipment furnished under the Contract will be of high quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality, required or permitted, and that the Work will conform with the requirements of the Contract Documents. Any Workl not strictly complying with these requirements shall constitute a breach of Contractor's warranty. Work not conforming_to these requirements, including substitutions not properly approved and authorized, may be considered defective: The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence to the`kind and quality of materials and equipment. The Contractor shall assign and deliver any Subcontractor or supplier warranties to the Owner. § 3A TAXES _ § 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. §'3.6.2 The Contractor, in consideration of securing the business of erecting or constructing public works in the State if Idaho, recognizes that it is engaged in a transitory business and that in the pursuit thereof it property used therein may be outside -the State of Idaho when taxes, excises, or license fees to which it is liable become payable. Accordingly, the Contractor understands, covenants and agrees: To: pay promptly when due all taxes (other than on real property), excises and license fees due to the State of Idaho, its subdivisions, municipal corporations and quasi -municipal corporations therein, accrued or accruing during the term of this Contract, whether or not the same shall be payable at the end of such term; .2 That if the said taxes, excises, and license fees are not payable at the end of said term, but liability for the payment thereof exists even though the same constitute liens upon its property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; and .3 That, in the event of its default in the payment or securing of such taxes, excises, and license fees, to consent that the department, officer, board, or taxing unit entering into this Contract may withhold Init. AIA Document A201/CMaTa —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, .21 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) from any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which the Contractor is liable. 3.6.3 Before entering into this Contract, the Contractor shall be authorized to do business in the State of Idaho and execute and delivery to Owner any affidavit concerning taxes requested by Owner. ` § 36.4 Within ten (10) days of its receipt of any tax forms from the Owner, the Contractor shall properly and fully _complete such forms and return them to Owner. The Contractor understands and agrees that such forms may request �- -- - — �dat I s, names, addresses; contracting parties (including all subcontractors and vendors) and other information. I § 3.6.5 Prior to the execution of this Contract and again prior to requesting final payment for the Work, the Contractorshall complete, execute and deliver Idaho State Tax Commission form WH -5 to both the Owner and to ll the Idaho State Tax Commission. § 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 legallyrequired when bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules and 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 in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification.' § 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. I " ` § 3.8 ALLOWANCES_ - § 3.8:1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. § 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 in the Work; ' .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and - " all required taxes, less applicable trade discounts; .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly --- - - - - -- by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.2 and (2) changes in Contractor's costs under Section 3.8.2.3. §1.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site at all times when the Work is actually in progress. The superintendent shall have complete authority to represent, act for and bind the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other Init. AIA Document A201/CMaTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 22 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) communications shall be similarly confirmed on written request in each case. The superintendent shall supervise and —__ direct the Work and shall not physically participate in the actual performance, assemblage or installation of the i Work except limited participation that is incidental to such superintendent's supervisory duties. i L _ _§3.9.2—Prior to commencement of the Work, Contractor shall provide Owner with the name, contact information, j qualifications, experience and role of the superintendent and its assistants. The Contractor shall not retain any superintendent or assistant to which Owner has a reasonable objection. Upon Owner's request, Contractor shall --- --replace the superintendent or any assistants that become reasonably unsatisfactory to Owner. So long as such m —individuals named remain actively employed or retained by Contractor, they shall perform the roles indicated unless Owner agrees to the contrary in writing. If one or more individuals not listed above subsequently assumes one or more of those ,functions listed above, the provisions of this Section 3.9 shall bind the Contractor as though Contractorihad properly designated such individuals. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and I ! Architect's information and the�Construction Manager's approval a Contractor's Construction Schedule for the Work. Such scheduleshall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals/as required by the conditions of the Work and Project, shall be related to the entire Project a - - construction ,schedule to the extent required by the Contract Documents, and shall provide for expeditious and ' practicable execution of the Work. The Contractor shall promptly report any delays in the performance of the Work Ito the Construction Manager. § 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's. own forces. 1 § 3.10.3 The,Contractor shall prepare and keep current, for the Construction Manager's approval, a schedule of submittals which. is coordinated with the Contractor's Construction Schedule and allows the Construction Manager reasonable time to'review submittals. § 3.10.4 Tlie Contractor shafl conform to the most recent approved schedules. § 3.10.5 If the. Work is not on schedule and the Construction Manager does not believe the Contractor's proposed action to firing -the Work on schedule is adequate, then the progress of the Work shall be deemed unsatisfactory. In such event, in addition to its rights under Article 14, the Owner, at its discretion, may require the Contractor to work such additional time over regular hours, including Saturdays, Sundays and holidays, without additional cost to the Owner to bring the Work on schedufe: § 3:10.6 Unless otherwise agreed by..Owner, Contractor shall use the latest edition of "Primavera Project Planner", "Microsoft Project" -or accepted equivalent CPM scheduling software to prepare and update the Construction Schedule. The Construction Schedule shall be provided to a level of detail acceptable to Construction Manager, and shall: i .1 _ Use time -scaled logic diagrams based on an precedence concepts; .2'Be capable of providing various analysis of the schedule, including, but not limited to, listing of activities by code, predecessor, successor, trade and float; .3 Indicate an adequate number of scheduling activities to properly describe the nature and sequence by which Contractor intends to carry out the Work; (i) For activities that have not yet started, indicate the planned start and planned completion dates; For activities that have been started but not yet completed, the update of the schedule shall indicate the actual start date, percent complete, and forecast completion date; _ _(iii) For activities that are completed, indicate the actual start dates and actual completion dates; and (iv) For activities which are behind schedule or have not started in accordance with the approved Construction Schedule, provide a narrative as to the reasons for behind schedule, the status Init. AIA DocumentA201/CMaTu —1992. Copyright 0 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 23 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) of the activity, the actions being taken to bring the activity back into schedule, and the forecast completion date. .4 Show any work activities, approvals and submittals by Owner, Construction Manager, Architect or others that are predecessors to Contractor's work activities, including projected dates for submission and return of all Shop Drawings and other submittals; —.5 Allow Owner to properly coordinate the work of its separate contractors, if any, and to properly plan on its use of portions of the Project prior to the date of substantial completion; .6 The expected delivery dates for all long -lead items, major equipment and material items to be ,�,-- incorporated into the Project; .7 Projected dates for shutdown or disruption of ongoing activities of Owner on the Site, as approved in advance by` Owner; 8 Expected dates for testing and start-up of all major mechanical and electrical equipment and !' systems; / 9 Dates that areas requested by Owner will be available for beneficial occupancy; and .9 Actual daies that all activities began or ended, as they are realized. F',; t The Construction Schedule shall be updated not less than monthly in accordance with the established cut-off dates for the progress payments. Such updates shall include with revised logic diagrams and shall include all Change ;Orders and'other information necessary to indicate actual conditions and the actual sequence of the Work. §3.10.7; The Contractor shall, also submit a weekly activities schedule ("Weekly Activities Schedule") indicating Contractor's weekly plan for executing the Work. The Weekly Activities Schedule shall be consistent with the Construction Schedule and shall indicate three (3) weeks, consisting of one (1) week "history" and two (2) weeks "future. Contractor shall attend weekly scheduling meetings with Owner at a time and place selected by Owner. §'311 DOCUMENTS AND SAMPLES AT THE SITE § iltl The, Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals.- These shall be available to the Construction Manager and Architect and shall be delivered to the Construction -Manager for submittal to the Owner upon completion of the Work. § 3.12 SHOP DRAWINGS, PRODUCT DATAAND SAMPLES § 3:12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. - §3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information ftimished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3' Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. 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 4.6.12. , The Con -tractor shall carefully review, approve and submit to the Construction Manager, in accordance with the schedule and 'sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall stamp and sign each submittal with "Reviewed for compliance with the Contract Documents and approved [or approved as noted]." If the submittal contains -any -deviation from the requirements of the Contract Documents, the Contractor shall indicate such deviation with a conspicuous notation on the submittal. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor that are not required by the Contract Documents may be returned without action. Construction Manager and Architect shall have no duty to Init. AIA Document A201/CMaTM —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA7 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 24 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. (2664130943) User Notes: review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log that includes, at a _ _minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. Any Shop Drawings, Product Data, Samples or similar submittals that do not bear the Contractor's approval stamp will be returned without review. §.3.12.6_The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Construction *_ --i-Manager and; if appropriate, Architect. Such Work shall be in strict accordance with approved submittals. __1 § 12.7 By approving'and'submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor 4' represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittalswith the requirements of the Work and of the Contract Documents. j; § 3.12.8�The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract j Doc,'uments 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 Architect in writing j of such deviation at the time of,:submittal and the Construction Manager and Architect have given written approval j to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings; Product Data, Samples or similar submittals by the Construction Manager's and Architect's approval thereof.. 1 i § 43.12.9The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previou vsubmittals. § 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 Whenprofessional 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. _t § 3,12027he Contractor shall provide a. complete schedule of required Shop Drawings, Product Data, Samples or similar submittals to the`ConstructionManager within ten (10) days after execution of this Contract. Unless otherwise approved by,Construction Manager, Shop Drawings, Product Data, Samples or similar submittals shall be submitted in sufficient time to allow not less than twenty-eight (28) days for the Construction Manager and Architect to review such submittals. § 3.13. USE OF SITE - § 3.134 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the t Contract Documents and shall not. unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager,before using any portion of the site. §-3.14 CUTTING AND §' 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. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise ' altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the Construction Manager, Owner and such other Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. Init. AIA Document A201/CMan —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 25 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 3.15 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials.! § 3.15.2/If the Contractor fails to clean up as provided in the Contract Documents, the Construction Manager may do —so_with the Owner's approval and the cost thereof shall be charged to the Contractor. § 3.15.3 In the absence of specific cleaning instructions, the Contractor shall follow accepted cleaning practices and 1 any�manufactur 's recommendations. I § 3.16 ACCESS TO WORK § 3.16.1 The Contractor shall at all times relevant to this Contract provide the Owner, Construction Manager and Architect access to the Work in preparation and progress for review or inspection, wherever located, without any formality or other procedure. �I §,3.17 ROYALTIES AND,PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be respon"sible for such loss unless such information is promptly furnished to the Architect. j §1318 INDEMNIFICATION J§ 318.1 To the fullest,extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to.bodily. injury, sickness, disease or death, or to injury to or destruction of tangible property (other than i the Work -itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by f negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone1for-whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party;indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights -or obligations'of indemnity which would otherwise exist as to a party or person described in this Section 3,.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section 3.18 shall not be limited by a limitation on amount or type of damages, I 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 3.18 shall not extend to the liability of the Construction Manager, Architect, their consultants, and agents and employees of any of them arising out of (1) the preparation or -approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Construction Manager, Architect, their consultants, and - - - -agents-and-employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. I § 3.19 AS -BUILT DOCUMENTATION; OPERATIONS & MAINTENANCE MANUALS 3.19.1 The Contractor shall provide the information necessary for the Construction Manager to furnish one (1) copy of reproducible "as built" Construction Documents relating to the Work and improvements in a form and detail reasonably satisfactory to the Owner. Inst. AIA Document A201/CMaTa —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAf Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 26 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. (2664130943) User Notes: § 3.19.2 The Contractor shall provide the information necessary for the Construction Manager to provide the Owner with_three, (3) complete copies in loose-leaf binders of all operating and maintenance data, all manuals, instructions and directions for all products, materials, machinery and equipment for the Project, and shall instruct the Owner regarding the operation of all systems, machinery and equipment. —-- — -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 lawfully practicing — -- architecture identified-as.such in the Agreement and is referred to throughout the Contract Documents as if singular { in number. The term ''Architect" means the Architect or the Architect's authorized representative. §4.1.2 Owner has retained LCA Architects, P.A., an Idaho professional corporation ("Architect") to provide ( professional architectural services for the Project. Architect's authorized representative is: i� Steve Simmons f i { , { 1 J LCA ARCHITECTS, P.A. 1221, Shoreline Lane Boise, Idaho 83702 i Telephone: 208-345-6677 — Facsimile: 208-344-9002 Email: ssimmonsI @lcarch.com In the event Owner should find it necessary or convenient to replace Architect, Owner shall retain a replacement architect who shall assume the role of Architect. Unless otherwise directed by Owner in writing, Architect will perform those duties and discharge those responsibilities allocated to them in this Contract. § 4:2 CONSTRUCTIONAANAGER § 4.2.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. § 4.2.2 Owner has retained Petra ,Incorporated, an Idaho corporation ("Construction Manager") to provide construction.. management services for the Project. Construction Manager's authorized representative is: PETRA'INCORPORATED 1097 N. Rdsario Street Meridian, Idaho 83646 Telephoner 208-323-4500 Facsimile: 208-323-4507 Mobile: 208-860-7507 Email: gbennett@petrainc.net §4.2.3 In' -the event Owner should find it necessary or convenient to replace Construction Manager, Owner shall retain a replacement construction manager who shall assume the role of Construction Manager. Unless otherwise directed by Owner in writing, Construction Manager will perform those duties and discharge those responsibilities 'allocated to them. in..thisContract. §4:3 [Deleted.] § 4.4 [Deleted.] ,____ __J.__§.4.5_Disputes..arising under Sections 4.3 and 4.4 shall be subject to mediation pursuant to Section 4.9 below. §.4.6 ADMINISTRATION OF THE CONTRACT § 4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due [nit.AIA Document A201/CMan —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, .27 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) and (3) with the Owner's concurrence, from time to time during the correction period described in Section 12.2. The Construction Manager and Architect will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. I �r§.4,6.2 The Construction Manager will, for the benefit of the Owner, determine that the Work is being performed in J accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the ____T `Work, and will 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 Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and the Construction Manager and Owner in reviewing their construction I scheduleswhen directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a point review and mutual agreement. The construction schedules shall constitute the schedules to be used by, the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised. § 4.6,4 The Construction. Manager will schedule and coordinate the activities of the Contractors in accordance with ` the latest approved Project construction schedule. 6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become familiar with the progress and quality of the completed Work and to determine 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 4 progress of the Work, and will_guard the Owner against defects and deficiencies in the Work. r 4.6.6 The Construction Manager, except to the extent required by Section 4.6.4, and Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Section 3.3, and neither will be responsible for the Contractor's failure to carry out the i Work in accordance with the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible, for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. § 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner, Architect and Contractor shall communicate with each other tffrough the Construction Manager in conformance with the communication plan approved by Owner. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect. § 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 similar Applications from other Contractors into a Project Application and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Construction Manager will submit the Project Application and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect. § 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, and the certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractors and will issue a Project Certificate for Payment. § 4.6.10 The Architect and Construction Manager will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying the Construction Manager. Subject to review by the Architect, the Construction Manager will have the authority to AIA Document A201/CMa- —1992. Copyright 0 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 28 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:59:35 on 04/27/2007 under Omer No.10002951 11_1 which expires on 4/4/2008, and is not for resale. (2664130943) User Notes: reject Work which does not conform to the Contract Documents. However, neither the Architect's nor the __ _Construction Manager's authority to act under this Section 4.6. 10 nor a decision made by either of them in good 1 faith either to exercise or not to exercise such authority shall give rise 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 performing any of the Work. j § 4.6.11'The Construction Manager will receive from the Contractor and review and approve all Shop Drawings, !_ _Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the -- -- Architect those recommended for approval. The Construction Manager's actions will be taken with such reasonable prom 'ptness as to cause no,delay in the Work of the Contractor or in the activities of other Contractors, the Owner, or 1 i theArchitect. § 4.6.12 The Architect will review and approve or take other appropriate action upon the Contractor's submittals i such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance jwith information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of the j f other:Contraciors, the Owner, or the Construction Manager, while allowing sufficient time in the Architect's 1 professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of ` I determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating i instructions for installation or•'performance of equipment or systems, all of which remain the responsibility of the j 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 shall not constitute ' approval of safety precautions of, unless otherwise specifically stated by the Architect, of any construction means, f methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate jI approvaf of an assembly of which the item is a component. § 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.6.14 Following'consultation with the Construction Manager, the Architect will take appropriate action on Change Orders or Construc_tion.Change Directives in accordance with Article 7 and will have authority to order minor I changes int the. Work•as provided in Section 7.4. § 4.6:15 Tlie.Construction Manager will maintain at the site for the Owner one record copy of all Contracts, Drawin s S ecifications, addenda, Chane Orders and other Modifications, in good order and marked currently to / � g; p _� g g Y record.all changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.6.16 The Construction Manager will assist the Architect in conducting inspections to determine the dates of 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 final Project Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents. §4.6.17 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. §4.6.18 The Construction Manager will interpret and decide matters concerning performance under and requirements of the Contract Documents on the written request of the Owner or Contractor. The Construction Manager's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Construction Manager shall be;furnished in compliance with this Section 4.6, then delay shall not be recognized on account of failure by the Construction Manager to furnish such interpretations until 15 days after written request is made for them. Inst. AIA DocumentA201/CMa7u —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 29 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 4.6.19 Interpretations and decisions of the Construction Manager will be consistent with the intent of and _reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Construction Manager, with Architect's assistance, will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for _results_of,interpretations or decisions so rendered in good faith. § 4.6.20 On matters relating to aesthetic effect, the Construction Manager will defer to the decision of the Architect, —which' will be final if consistent with the intent expressed in the Contract Documents. §4.6.21 The /presences' r duties of Architect's, Construction Manager's, and Owner's personnel at the Project site, whether as on-site representatives or otherwise, do not make any of them or their representatives or personnel in any way responsible for, those duties that belong to Contractor, Subcontractors or other entities, and do not relieve Contractor, SubconVactors or other entities or any other entity of their obligations, duties, and responsibilities, including, but not; limited' to, any health or safety precautions required by such Work. Construction Manager's, Architect's, and Owner's personnel have no authority to exercise any control over any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies at the site except their own personnel. The presence of Architect's, Construction Manager's or Owner's personnel at the Project site, is jor the' purpose sof providing to Owner a greater degree of confidence that the completed work will conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract DocumentIs, has been implemented and preserved. For this Section only, the Project site includes places of manufacture for /materials., incorporated into the Work, and other entities include manufacturers of materials incorporated into the Work. f §4.6.22 THE DUTIES, OBLIGATIONS, AND RESPONSIBILITIES OF CONTRACTOR UNDER THIS CONTRACT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION, OR RESPONSIBILITY OF ARCHITECT OR CONSTRUCTION MANAGER. CONTRACTOR IS NOT A THIRD -PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN OWNER AND ARCHITECT OR OWNER AND CONSTRUCTION MANAGER. IT IS EXPRESSLY—ACKNOWLEDGED AND AGREED THAT THE DUTIES OF CONTRACTOR TO OWNER ARE INDEPENDENT. OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF ARCHITECT AND CONSTRUCTION MANAGER TO OWNER. § 4.7 CLAIMS.AND DISPUTES § 4.7.1 Definition. A_Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or -- interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or.relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. § 4.7.2 Decision of Construction Manager. Claims, including those alleging an error or omission by the Construction Manager orArchiteci, shall be referred initially to the Construction Manager for action as provided in Section 4.8. A decision by the Construction Manager, as provided in Section 4.8.4, shall be required as a condition precedent to - mediation or litigation of a Claim.between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) 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 Construction Manager in response to a Claim shall not be a condition precedent to mediation or litigation in the event (1) the position of Construction Manager is vacant, (2) the Construction Manager has not received evidence or has failed to render a decision wit m agree time — � limits, (3) the Construction Manager has failed to take action required under Section 4.8.4 within 30 days after the ---- -- — — • Glaim-is' made; (4) 45 days have passed after the Claim has been referred to the Construction Manager or (5) the Claim relates to a mechanic's lien. § 4.7.3 Time Limits on Claims. Claims by the Contractor must be made within 21 days after occurrence of the event _giving. rise to such Claim or within 21 days after the Contractor first knew or should have known of the event or condition giving rise to the Claim, whichever is later. Claims must be made by written notice. Any Claim not timely made shall be deemed waived. The written notice of Claim shall include a factual statement of the basis for the Claim, pertinent dates, contract provisions offered in support of the Claim, additional materials offered in support of the Claim and the nature of the resolution sought by the Claimant. The Contractor shall cooperate with the Owner in Inst. AIA Document A201/CMan —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 30 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04!27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) order to mitigate the alleged or potential damages, delay, or other adverse consequences that may arise from the _facts_underlying the Claim. § 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim including mediation, unless otherwise _agreed, in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall --- _continue to make payments in accordance with the Contract Documents. ._§_4.7.5 Waiver of Claims: Final Payment. The making of final payment shall not constitute a waiver of Claims by j —(Paragraphs?teleted)� Owner. § 4.7.6 Claims for Concealed or Unknown Conditions. The Contractor acknowledges that it has had a reasonable { ` i opportunity to conduct a careful inspection of the Project site. If conditions are encountered at the site which are (1) { I subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract f Documents or reasonably ascertainable from a careful inspection of the Project site, or (2) unknown physical Cconditions of an"unusual•nature which differ materially from those ordinarily found to exist and generally I recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be -'given to the other party promptly before conditions are disturbed and in no event later than, 21 days, after first observance of the conditions. The Construction Manager will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or r Contract Time, or both: If the Construction Manager determines that the conditions at the site are not materially different from those indicated iii the Contract Documents and that no change in the terns of the Contract is justified, the � onstruction.M'ariager shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party to opposition to such determination must be made within 21 days after the Construction Manager has given no`tce 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 Construction Manager for initial determination, subject to further proceedings pursuant to Section 4.8. § 4.7.7 Claims for. Additional'Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) 0wner's- -suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. § 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, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on 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 Claim shall be documented by data substantiating_that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. § 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 21 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. Inst. AIA Document A201/CMaTm —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 31 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 4.8 RESOLUTION OF CLAIMS AND DISPUTES _�. _§ 4.8.1,The Construction Manager, with the assistance of the Architect, will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Construction Manager expects to take action, _(3)—reject—the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of all or part of the - —--Claim.by the other party, (5) suggest a compromise, or (6) attempt to facilitate the resolution of the Claim through direct,, informal discussions. The Construction Manager may also, but is not obligated to, notify the surety, if any, of —the -nature and amount of the Claim. § 4.8.2 If a Claim has been.. resolved, the Construction Manager will prepare or obtain appropriate documentation. ! 1 § 4.8.3 If a.Claim has not been resolved, the patty making the Claim shall, within ten days after the Construction Manager's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the, Constructioq Manager, (2) modify the initial Claim or (3) notify the Construction Manager that the initial Claim stands. § 4:8.4 If a Claim has not.been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by,the Construction Manager, the Construction Manager will notify the parties in writing that the Construction Manager's decision will be made within seven days. Upon expiration of such time period, the Construction Manager will render to the parties the Construction Manager's written decision relative to the 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 Construction Manager may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 4.8.5 The Construction Manager's decision shall be final and binding on the parties unless a demand for to mediate the Claim'pursuant to Section 47.9 below is made within 30 days after the Construction Manager's decision. The failure to demand mediation within said 30 days' period shall result in the Construction Manager's final and binding upon the Owner and Contractor. § 4.9 MEDIATION § 4.9.1 Any Claim-arising'out of or related to the Contract shall be subject to mediation as a condition precedent to the continuation (but not the institution) of legal or equitable proceedings by either party. § 4.9.2 The: parties shall endeavor to resolve their Claims by mediation. Request for mediation shall be filed in writing with the other party to the Contract and the Construction Manager. The request may be made concurrently wiih the institution of legal. or equitable proceedings but, in such event, mediation shall proceed in advance of such legal or equitable -proceedings, which'shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 4.93 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 4.10 ARBITRATION The parties may agree to resolve any Claim or dispute related to this Contract by arbitration on such terms as they may agree. Absent such agreement, any reference in this Contract to arbitration shall be void and of no force or effect whatsoever. ATTORNEYS' FEES In the event of any controversy, claim or action being filed or instituted between the parties to this Agreement to enforce the termslof this Agreement or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses including reasonable attorneys' fees, incurred by the prevailing party, whether or not such a controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who recovers at least 75% of the total amount claimed by that party in the action, or who is required to pay no more than 25% of the total amount claimed by the other party in the action. (Paragraphs deleted) Init. AIA Document A201/CMaTa —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 32 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) ARTICLES SUBCONTRACTORS _§ 5.1_DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in —_number.and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" ------does.not.include other Contractors or subcontractors of other Contractors. _____§1A.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to �— perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents 'if singular i asn number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. "�� 1 § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as I practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the j 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 Work. The 1 Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, J 1 Construction Manager or Architect, after due investigation, has reasonable objection to any such proposed person or - i / entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable objection. § 5.2.2 -The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §,5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contract or,'the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no 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 riot change a Subcontractor, person or entity previously selected if the Owner, i Construction Manager or Architect makes"reasonable objection to such change. SUBCONTRACTUAL RELATIONS –§ 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed.by-the Subcontractor`; to be bound to the Contractor by terms of the Contract Documents, and to assume toward -the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by -the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to.the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. WH&e appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the'subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon –written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable -portions of such documents available to their respective proposed Sub -subcontractors. § 5.3.2 In furtherance of Section 5.3.1 above, any part of the Work performed for the Contractor by a Subcontractor or its Sub -subcontractor shall be pursuant to a written agreement between the Contractor and such Subcontractor (or the Subcontractor, and its Sub -subcontractor at any tier), which shall be prepared on a form of subcontract satisfactory to the Owner. Each subcontract shall, where appropriate, contain provisions that: .1Require each Subcontractor to ascribe to the objectives and agreements set forth in Section 1.6; .2 Require that the Work, be performed according to the requirements of the Contract Documents; .3 Contain the waivers of subrogation consistent with the provisions of Section 11.3.7 below; Inst. AIA Document A201/CMaT" —1992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 33 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1 00029511 1_1 which expires on 4/4/2008, and is not for resale. User Notes: 1 (2664130943) a. .4 Require the Subcontractor to carry and maintain insurance coverage according to the Contract _, Documents and to file certificates of the coverage with the Contractor; 5 Require submission to Contractor or Subcontractor, as the case may be, of applications for payment in a form approved by the Owner, together with clearly defined invoices and billings supporting all the J applications under each subcontract to which the Contractor is a party; ----,.6 Report, so far as practicable, unit prices and any other feasible formula for use in the determination of costs of changes in the Work; .7 Require each Subcontractor to furnish to the Contractor in a timely fashion all information necessary _7 for the preparation and submission of reports; 8 Require that each Subcontractor continue to perform under its subcontract in the event the Contract is te'rmtnated and the Owner shall take an assignment of the subcontract and request Subcontractor to continue performance; and 9 Require each Subcontractor to remove all debris created by its activities. § 5.3.3 The Contractor shall not enter into any subcontract, contract, agreement, purchase order or other arrangement ("Arrangement" )-for the'furnishing of any portion of the materials, services, equipment or Work with any party or entity if the party or entity is ani Affiliated Entity (as defined in this Section), unless the Arrangement was approved by the Owner and Construction'Manager, after full disclosure in writing by the Contractor to the Owner and Construction Manager of the affiliation or relationship and all details relating to the proposed Arrangement. The term "Affiliated Entity" means (a) any entity related to or affiliated with the Contractor or with respect to which the Contractor has direct or indirect ownership or control, including, without limitation, any entity owned in whole or part by the Contractor, (b) any holder of more than 10% of the issued and outstanding shares of, or the holder of any interest in, the Contractor; and (c) any entity in which any officer, director, employee, partner or shareholder (or member of the family of any of the foregoing persons) of the Contractor or any entity owned by the Contractor as a direct or indirect interest, which interest includes, but is not limited to, that of a partner, employee, agent or shareholder., § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1� assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only. for those subcontract agreements which the Owner accepts by notifying the __ Subcontractor in writing; and .2assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the - — Contract.', - --- § 5.4.2 If the Work has been suspended for more than 60 days, the Subcontractor's compensation shall be equitably adjusted. § 5.4.3 All subcontract and material purchase agreements entered into by the Contractor shall be assignable to Owner pursuant to this Section 5.4 without any change in price or scope. The Contractor shall incorporate the foregoing requirement in, all subcontract and material purchase agreements, either by specific wording or by reference to this Section 5.4. ' ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6:1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER CONTRACTS §-6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager. -The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site. If the Contractor claims that delay or additional cost is involved because ;of such action by the Owner, the Contractor shall make such Claim as provided elsewhere in the Contract Documents. § 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 provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them. AIA Document A201/CMaTu —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 34 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations —_ __ related. to- Ithe Project with the Owne is own forces, the Owner shall be deemed to be subject to the same obligations ? and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excludingothers, those stated in thisArticle 6 and in Articles 3, 10, 11 and 12. -- 461.4.The Contractor acknowledges that its Work is only a portion of the Project and that Owner has retained other prime contractors, under substantially similar Conditions of the Contract and under the administration of the _ ,_Construction Manager and Architect) to perform the other portions of the Project. The Contractor further I -- acknowledges that the,,Owner, Construction Manager, Architect and Owner's other prime contractors expect, and are i relying upon; the Contractor to timely and properly perform its obligations under the Contract. The Contractor i understands and agrees that such other prime contractor's shall be an express third -party beneficiary of this Section 6.1.4 and, herefore, ,the Contractor will be responsible to Owner's other prime contractors for any damages they may incur that result from the Contractor's failure to timely and properly perform its obligations under this Contract. Further, Contractor'understands that is it the beneficiary of substantially equivalent provisions in the Owner's contracts with its other prime contractors. Accordingly, if Contractor is delayed or damaged by the acts or j omissions of another prime contractor of Owner, the Contractor shall look exclusively to such other prime contractor forthe recovery�of any�damages that the Contractor may incur therefrom. The Contractor expressly acknowledges i and agrees that' Owners other prime contractors are independent of the Owner, and that Owner shall not be liable for any acts or omissions of such other prime contractors. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1, The Contractor shall afford the Owner's own forces, Construction Manager and other contractors reasonable / opportunity fouintroduction and storage of their materials and equipment and performance of their activities, and shall conne,aand coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. i § 6.2.2 If part of the C,ontractor'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 of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed' construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable., § 613' Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. §, 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed construction or partially completed construction or to property of the Owner or other Contractors as provided in Section 10.2.5. ' I § 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be r subject to the provisions of Sections 41.7 and 6.1.4 above, provided the other contractors have reciprocal obligations. §'6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. - § 6.3 OWNER'S RIGHT TO CLEAN UP - — - - §•6.3:1 If 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 3.15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in consultation with the Architect, determines to be just. Init. AIA Document A201/CMaTa —1992. Copyright i© 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 35 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: 1 (2664130943) ARTICLE 7 CHANGES IN THE WORK §,7.1 CHANGES i § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the --limitations stated in this Article 7 and elsewhere in the Contract Documents. —_7 I § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and —_ _Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect --- - and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and i Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive i or order for a minor change ;n the Work. j § 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in;a proposed Change Order or Construction Change Directive that application of such iunit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable i 1 unit prices" shall be equitably adjusted. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction, Manager, Architect and Contractor, stating their agreement upon all of the following: .1 a change in the Work; .2 the'amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. § 7.2.3 The maximum amount for profit, overhead, bonds and insurance combined, which may be added to any Change Order,, shall be as, follows: .1 For the Contractor, for Work performed by the Contractor's own forces, fifteen percent (15%) of the 1 cost of the Work performed by the Contractor's own forces (which is for 10% profit, 2% for overhead, 2% for bonds and I % for insurance); r - .2 For the Contractor, for Work performed by a Subcontractor, five percent (5%) of the amount due the Subcontractor; .3 For -each Subcontract ro or Sub -subcontractor involved, for Work performed by that Subcontractor's own forces, ten percent (1.0%) of the cost of the Work performed by the Subcontractor or Sub- ,' subcontractor; and .4 For each Subcontractor, for work performed by such Subcontractor's Sub -subcontractors, five percent (5%) of the cost of the Work performed by the Sub -subcontractors. I , The costs to which the above percentages shall be applied are set forth in Section 7.3.6. In order to facilitate checking -of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor and materials for the Contractor, each Subcontractor and each Sub -subcontractor. Such itemization will be required for any Change Order over _$500.00. - - - § 7.2.4 Any-Ghange Order shall constitute a final and full settlement of all matters relating to or affected by the change in the Work, including, but not limited to, all direct, indirect and consequential cost associated with such change and any and all adjustments to the Contract Sum and Contract Time. The Contractor shall include the Work covered by such Change Order as if such Work were originally part of the requirements of the Contract Documents. § 7.2.5 By the execution of a Change Order, the Contractor agrees and acknowledges that it has had sufficient time and opportunity to examine the change in Work which is the subject of the Change Order and that it has undertaken all reasonable efforts to discover and disclose any concealed or unknown conditions which may to any extent affect the Contractor's ability to perform in accordance with the Change Order. Aside from those matters specifically set Inst. AIA Document A201/CMa"' —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 36 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) forth in the Change Order, the Owner shall not be obligated to make any adjustments to either the Contract Sum or _Contract Time by reason of any conditions affecting the change in work addressed by the Change Order that could have reasonably been discovered or disclosed by the Contractor's examination. §1.3_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. ! I § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change { Order. § 72,. If the Construction/.Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be 1 based on one ofithe following methods: i.1 �linutual''acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; t .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section 7.3.6. § 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in tliemork involved and advise the Construction Manager and Architect in writing within forty-eight (48) hours of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.5 A Construction. -Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective, immediately and shall be incorporated into a future a Change Order. § 7.3.6 If -the Contractor does not respond/promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Construction Manager on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, -an allowance for overhead and profit in accordance with Section 7.2.3 above. In such case of an increase in the Contract Sum, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 , costs of labor, including social security old age and unemployment insurance fringe benefits required by agreement or custom, and workers compensation insurance; .2`__costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor _or others" .4 costs of permit fees, and sales, use or similar taxes related to the Work; and .5 -- additional costs of supervision and field office personnel directly attributable to the change. § 7.3.7 Pending final determination 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 change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. Init. AIA Document A201/CMa.Ta —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, $7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.100029511 11 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for -determining it, the adjustment or the method shall be referred to the Construction Manager for determination. § 7.3.9 Wl en the Owner and Contractor agree with the determination made by the Construction Manager concerning L— ____—the.adjustmems in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such —agreement shall be effective immediately issued through the Construction Manager and shall be recorded by preparation and execution of an appropriate Change Order. -- - —§ -.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 and shall be binding on the Owner and Contractor The Contractor shall carry out such written orders promptly. § 7.4.2 If the Contractor feel's that any order for a minor change in the Work, a directive from the Construction Manager, or response toga fequest for information will require an adjustment to the Contract Sum or Contract Time, the'Contractor shall not execute such direction and immediately notify the Construction Manager and Architect in writing of the nature of,the adjustment that will be required. i ARTICLE,8 TIME f § 8,1 DEFINITIONS j § 8.1.1- Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in j the Contract Documents for Substantial Completion of the Work. § 0.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed,by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2,PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that theContractTime is a reasonable period for performing the Work. § 8.2.2 The.Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the, Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date'of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. - § 8.2.3 Thd-Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the_ Contract Time. §-8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work on the critical path by - --- - amact or neglect of the Owner, Construction Manager or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation or litigation, or by other causes which the Owner determines may justify delay, then the _ Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. The Owner and Contractor acknowledge and agree that the critical path construction schedule for the Project incorporates not less than thirty (30) days of "float" for owner caused delays and that an extension of time is warranted only if events identified above cause total delay on the critical path in excess of such float days. Further, only delays that cause the cessation of construction activities on the critical path for a period of three (3) consecutive Inst. AIA Document A201/CMaTm —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 38 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) days or longer, or five (5) days or longer in any calendar month, shall be applied against the float or warrant an -extension f time. { i § 8:3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.7. — - ---§.8.3.3.Except as expressly set forth in Section 8.3.4, the Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any actor omission to act of Owner, its Architect, its Construction --. _ _Manager, its agents or employees or any other contractor, and agrees that any such claim shall be fully compensated .— --- —for -by an extension ofiti'me to complete performance of the Work. i l � § 8.3.4 Notwithstanding anything to the contrary set forth in Section 4.7.7 above or elsewhere in this Contract, the Cofitracto ,shaWnot be e0.ntitled to recover damages for delays, except for delays caused by Owner or for anyone whose acts the Owner may, be liable. As a condition precedent to recovering additional compensation for any delays attributable to the Owner or anyone for whose acts the Owner may be liable or for delays identified in Section 8.3.1 above iii�n excess of the float days set forth therein, the Contractor shall provide the Owner with written notice II identifying the, nature of, the delay(s) and the Owner's responsibility therefor, and provide the Owner with a reasonable period to curelsuch cause(s). If the Owner fails to cure the cause of the delay(s), the Contractor may be entitled to make a claim for additional compensation for costs of the Work incurred as a direct result of such delay(s) if,such delays`were the result of a Construction Change Directive. The Contractor acknowledges and agrees that its sole remedy for such delays is additional compensation pursuant to this Section 8.3.4. The Contractor shall not be entitled to'recover damages, lost profits or lost business opportunities from the Owner. ' ARTICLE 9 PAYMENTS'AND COMPLETION' § 9.1 CONTRACT SUM § 9.1.9 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount j payable by the Owner to the'Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES \ § 9.2.1 Within! ten (10) days of commencement of this Contract, the Contractor shall submit to the Construction Manager, a schedule_of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. The Contractor shall i not imbalance its Schedule of Valuesnorartificially inflate any element thereof. This schedule, unless objected to 1 by the Construction Manager or Architect; shall be used as a basis for reviewing the Contractor's Applications for j Payment. --- j_ § (APPLICATIONS FOR PAYMENT i § 9.3.1 On or before the date set forth in Section 5.3 of the Agreement 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 on AIA Form G702, be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require; such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. The Contractor shall submit four (4) originals of each _ Application for Payment. § 9.3.1.1 'Such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives but not yet included in Change Orders. § 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to — - - - - a Subcontractor or material supplier because of a dispute or other reason. i § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance _ - by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Off site storage locations shall not Inst. AIA Document A201/CMaT° —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 39 / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) be outside the State of Idaho. Any materials stored off-site and paid for by the Owner shall be physically marked as -being-the Owner's property. § 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 from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or ----entities making a claimfby reason of having provided labor, materials and equipment relating to the Work. \ § 9.3.4 Upon Construction Manager's request, the Contractor shall submit its Applications for Payment (other than the initial application) with properly executed and acknowledged lien releases for all prior payments by (i) the Contractor', (ii) all major Subcontractors and material suppliers, and (iii) any potential lienors who has filed, or has threatened to file, any lienor encumbrance against the Project. All lien releases for the Project shall be on a form acceptable to the Owner,, consistent in wording and shall: (i) waive any liens or right to lien with respect to Work j covered by prior payments; (ii) certify the amount such person or entity has received under all prior payments; and i (iii) that no contract related to the Project held by such person or entity has changed, or, if any contract has changed, indicating the fiature and extent of any change. I � § 9.3.5 In.the event the Contractor is in breach of its payment obligations to a Subcontractor pursuant to its contract ;with such Subcontractor, and after three (3) days written notice from the Owner, the Owner has the right to issue joint payee checks to the, Contractor. In the event of a dispute between the Contractor and Subcontractor or material supplier` as any amount due to such Subcontractor or material supplier, the Owner may issue a joint payee check to the Contractor and such Subcontractor or material supplier in the disputed amount and deduct the amounts so paid from the balance of, the payment due the Contractor. § 9A CERTIFICATES FOR PAYMENT § 9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and, after certifying the amounts due on such applications, forward them to the Architect within seven days. § 9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction Manager and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Contractor; for such amount as the Construction Manager and Architect determine is properly due, or notify the - Contractor and Owner in:writing of the Construction Manager's and Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. Such notification will be forwarded to the Contractor by the Construction Manager. § 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representations made separately by the Construction Manager and Architect to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the 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 Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion; to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager or Architect. The. issuance.of a separate Certificate for Payment or a Project Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of•a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Matiager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA Document A201/CMaT" —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 40 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. (2664130943) User Notes: § 9.5 DECISIONS TO WITHHOLD CERTIFICATION 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 9.4.3 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager or Architect will notify the Contractor and Owner as provided in Section 9.4.2. If the Contractor, J Constrtiction Manager and Architect cannot agree on a revised amount, the Construction Manager and Architect will promptly issue a Certificate for Payment for the amount for which the Construction Manager and Architect are able — -- to -make such representations to the Owner. The Construction Manager or Architect may also decide not to certify payment or,, ecause of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Construction ( Manager'sfor Architect's opinion 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 such claims; .3 failure of the'Contractor to make payments properly to Subcontractors or for labor, materials or I i equipment;,' ' .4 'reasonable'evid Ince that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or' .4 I :7 persistent failure to carry out the Work in accordance with the Contract Documents. 1 § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld: § 9.6 PROGRESS PAYMENTS § 9.6.1 After. the Consttilction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make payment in the manner, and within the time provided in the Contract Documents, and shall so notify the �l "Construction Manager and Architect. Until conditions set forth in Section 9.10 are met, the Owner shall pay ninety- five percent (95%).of-the-amount due the Contractor on account of progress payments. If the Construction Manager I and theArchitect determine that the Contractor has made or is making satisfactory progress on any uncompleted portions of -the, work, the,Owner may, at its discretion, release a portion of the retainage to the Contractor prior to the f actual filial completion'of the conditions set forth in Section 9.10. -'§ 9.6:2 The,Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the 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 Contractor on account of such Subcontractor',s portion. of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. §9.6.2.1 The. Contractor shall not withhold from a Subcontractor or supplier more than the percentage withheld from the Certificate of Payment for such Subcontractor's or supplier's portion of the Work. §'9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager.and Architect on account of portions of the Work done by such Subcontractor. - - - -§ 9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and - --- -- --- 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. (n(t AIA Document A201/CMaTm —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 41 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.10002951 1 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 9.7 FAILURE OF PAYMENT _. _§ 9.7.1 If, through no fault of the Contractor, 1) the Construction Manager and Architect do not issue a Project Certificate for Payment within fourteen days after the Construction Manager's receipt of the Contractor's 1 Application for Payment or 2) the Owner does not pay the Contractor within seven days after the date established in i —the -Contract Documents the amount certified by the Construction Manager and Architect, then the Contractor may, I --- ,,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- ] — — �Uplwhich shall be accomplished as provided in Article 7. § 9.8 SUBSTANTIAL COMPLETION I § 9.8.1 Substantial Completion is the stage in the progress of the Work as certified in writing by the Construction Manager and Architect, when the Work or designated portion thereof is sufficiently complete in accordance with the Contract -Documents so the Owner can occupy or utilize the Work for its intended use. § 9.8.2.When the�Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to i the Architect ahcomprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, the Architect, assisted by the Con'struction'Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete.4f the Architect's inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the "Certificate of Substantial, Completion, complete or correct such item upon notification by the Architect. The Contractor shall thensubmit.a request for another inspection by the Architect, assisted by the Construction Manager, to determine, Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion; shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the - Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completiomof tfie Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The -Certificate of. Substantial Completion shall be submitted to the Owner and Contractor ' for their written acceptance of responsibilities assigned to them in such Certificate. —§9 .8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Coniractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such. Work or portion thereof as provided in the Contract Documents. The payment shall be sufficient to increase the total payment to ninety-five percent (95%) of the Contract sum, less such amounts as the Construction Manager- determines to be necessary to withhold for incomplete Work and unsettled claims. The amount withheld for incomplete Work and unsettled claims shall be one hundred fifty percent (150%) -of the cost to the Owner to complete such Work or settle such claims. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, --- retainage -if any, -security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the _____Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. Inst. AIA Document A201/CMaTe —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 42 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and _Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. -___§.9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not --constitute acceptance of Work not complying with the requirements of the Contract Documents. i FINAL COMPLETION AND FINAL PAYMENT — --§9:10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice and 4 Application to the Architect who will promptly make such inspection. When the Architect, based on the I I j recommendation of the Construction Manager, finds 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,bas 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 further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled.,, § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and' other'indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or other wise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner,_other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens,, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If i such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner, may be compel'l'ed to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after.Substantial Completion.of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage, stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety - to ;payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the -- — ` Contractor 'to the'Architecrthrough the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.4.5. § 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a r— - - -- -waiver of claims -by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Section 4.7.5. I ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. Contractor hereby certifies that it has an established safety policy as required by the Occupational, Safety and Health Administration (OSHA), which requires regular safety meetings. The Contractor agrees to conduct weekly safety meetings regarding its Work under this agreement Init. AIA Document A201/CMaiu —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 43 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) and shall promptly prepare minutes of such meetings and provide copies of such minutes to Contractor as the Work The Contractor agrees to comply with all requirements of OSHA relating to the Work and shall maintain and provide all applicable material safety data sheets in accordance with OSHA requirements. The safety program shall be designed according to criteria provided by the Construction Manager. The safety policy shall also _require a.drug and alcohol free workplace enforced through pre-employment testing, random testing, periodic -- - -- ----—testing;.for cause testing and immediate mandatory testing for any employees involved in any accidents or incidents. j The Contractor shall submit the Contractor's safety program to the Construction Manager for review and ! �_ _ .._coordination with the safety programs of other Contractors. The Contractor shall at all times comply with the — — — --approved safety program. § 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or i polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Construction Manager and Architect in writing. The I Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall, be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final deterimination,by the,Architect 1 f § 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to `asbestos'or polychlorinated biphenyl (PCB). § 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 itself) including loss,of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable„ regardless of whether or not such claim, damage, loss or expense is caused in part by a party j indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or a obligations -of indemnity which would otherwise exist as to a party or person described in this Section 10.1.4. §10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in Section 10.1.2. §_10.1_6;The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to,be present, to verify that it has.been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the 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 proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. § 10.2 SAFETY OF, PERSONS AND PROPERTY §_10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; Inst. AIA Document A201/CMaTa —1992. Copyright ©1992 by The American InstituteofArchitects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 44 / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) I the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, I roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and �.4 construction or operations by the Owner or other Contractors. —§40.2.2 The Contractor'shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authonties bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. I § 162.4 When use for storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and cant' on such activities under supervision of properly qualified personnel, and the Construction Manager reasonable prior written notice. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 r causedin whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by, any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them; or by 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 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention.of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The -Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. §Ab.3 EMERGENCIES § 10.3.1 In an emergency affecitng safety or persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on, account of an emergency shall be determined as provided in Section 4.7 and Article 7. J ARTICLE 11 INSURANCE AND BONDS it ! § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as set forth below. Such coverage shall include liability that may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All insurance carriers must maintain an A.M. Best rating of "A-" or better. .1 1 (Paragraphs deleted) Commercial General Liability. The Contractor shall procure and maintain until the Project has been _ _completed and accepted by the Owner Commercial General Liability coverages with the following per project annual aggregate limits, using ISO Form CG 25030397 (or a substitute form providing equivalent coverage): General Aggregate Limit Not less than $1,000,000; (other than Product -Completed Operations) Init. AIA Document A201/CMan —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAP Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 45 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) Product -Completed Operations Aggregate Limit _ Personal and Advertising Injury Limit Each Occurrence Limit fFire Damage Limit (any one fire) Medical Expense Limit (any one person) � 7 Not less than $1,000,000; Not less than $1,000,000; Not less than $1,000,000; Not less than $ 100,000; and Not less than $ 10,000. Such policy or policies must include broad form property damage coverage including, but not limited to, damage arising from blasting, explosion, collapse of structures or other property or damage to underground utilities and property with any X.C.U. exclusion removed. The policy or policies must inclukcontractor's protective liability insurance, product and completed operations coverage and J contractual liability insurance that includes coverage for the Contractor's obligations under Section 3:18. The General Liability policy shall be endorsed to include personal injury, libel, slander, wrongful eviction, and false arrest. All policies shall be written on an occurrence basis rather than claims made. At the Contractor's option, such coverage may be provided by separate policies for ContractorIand'for Owner and other named insured, or by naming the Owner and the other named insureds a'vilditional named insureds on the Contractor's policy. If coverage is obtained by naming Owner and others as additional named insureds, the policy must contain a separation of insureds ,(cross,lia.bility) clause and a breach of warranty clause as set forth in Section 11. 1.4 below and the certificate must,so indicate. .2 Worker's Compensation. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner statutory Worker's Compensation coverage and showing Employer's Liability coverage with minimum coverage of One Million Dollars ($1,000,000). In addition, Contractor must provide evidence that its Subcontractors and their subcontractors carry similar coverage. The Owner and other named insureds requested by the Owner need not be named as an additional insured on the Employer's Liability coverage or the Worker's Compensation coverage unless specifically requested. Subject to the Owner's approval, the Contractor may include Employer's Liability coverage in the Umbrella or Excess Liability Coverage of its General Liability and' Automobile Liability policies. 3 Automobile. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner, Comprehensive Automobile Liability Insurance for all owned, non -owned _ and hired vehicles with single combined limit of not less than Two Million Dollars ($2,000,000) per occurrence. Such coverage must name the Owner and other named insureds as may be requested by - - the Owner as additional insureds. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified therein, in the Contract Documents or required by law, whichever coverage is greater. Coverages shall be maintained without,interruption from. date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. Additional insurance coverage shall i apply as primary insurance with respect to any other insurance afforded to Owner and the other named insureds. § 11.1:3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal'Yo the Owner with a copy to the Architect prior to commencement of the Work. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final - Application" for Payment as required by Section 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. .1 30 -'Day Notice Clause — Acceptable Language. As a condition precedent to any modification, --cancellation or nonrenewal of the policy or policies by the insuring company during the periods of coverage as stated herein, thirty (30) days prior written notice of such cancellation, material change or non -renewal will be mailed to the party to whom this certificate is issued. Init. AIA Document A201/CMaTu —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 46 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) I 30 -Day Notice Clause — Unacceptable Language. Should any of the above-described polices be canceled, materially changed or non -renewed before the expiration date thereof, the issuing company f will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability on any kind upon the company. .1.4.Reouired Clauses. .1 Breach of Warranty Clause. As to the interest of any additional insured, the insurance afforded by the ..�...�. policy shall be invalidated by any breach or violation by the named insured of any warranties, ALdeclarations or conditions. Notwithstanding the foregoing, the additional insureds shall be subject to r`' I all terms and conditions in the policy and nothing contained herein shall prevent exhaustion of the limits of liability by payment on behalf of any insured. i2 S �paration �fInsured (Cross Liability) Clause. Except with respect to the permissible limits of insurance,/and any rights or duties specifically assigned in this coverage part to the first named } I insured, thisfinsurance applies (i) as if each named insured were the only named insured, and (ii) i �separatelyito each insured against whom claim is made or lawsuit is brought. § 11.1.5 The Contractors shall require all Subcontractors and Sub -subcontractors of any tier to provide (i) Commercial General Liability Insurance (with not less than $1,000,000 coverage for personal injury and property damage); (ii) Worker's Compensation/Er iploy'er's Liability Insurance (not less than $500,000 coverage), and (iii) Business \ Automobile Liability Insurance (not less than $1,000,000 coverage) substantially as set forth in Section 11.1. The i rtificates of insurance evidencing such coverages prior to allowing such Subcontractors Contractor shall provide ce and,Sub-subcontractors to commence of Work. \ , §f11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. ' Optionally, the. Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. § 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 J' Contract Documents or otherwise ag?eed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insura&6 interest in the property required by this Section 11.3 to be covered, whichever is earlier. The Owner's insuranceg.ro ram is intended to cover the interests of the Owner and does not cover the interests of the P � _Contra ctor,(Subcontractors arid•'Sub-subcontractors in the Work or material suppliers or others associated with the 'r 1 Project. _) \ § 11:3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, ,) malicious,mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned -by-enforcement of any applicable legal requirements. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. § 11.3.1.2 The Contractor shall maintain insurance as deemed necessary by the Contractor to protect its interests and i the interests of its Subcontractors and their Sub -subcontractors in the Work, including property, materials, equipment, and tools. Materials incorporated into the Work and materials suitably stored at the Project site will be considered covered by the Owner's insurance program at 12:00 noon on the date Owner issues payment therefore. § 11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this Inst. AIA Document A201/CMan —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 47 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (2664130943) § 13.6 INT I§ 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rte of eight percent (8%) per annum until the date payment is issued by Owner. § 13.7,,COMMENCEMENT OF STATUTORY LIMITATION PERIOD § 13.7.1/As between the Owner and Contractor, any applicable statute of limitations shall commence to run and any _legal cause of action shall be deemed to have accrued in any and all events — - --(Paragraphs deleted) io- in accordance with Idaho Law. 1 (, ARTICLE 14� TERMI TION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contract may,,terminate the Contract if the Work is stopped for a period of 60 days through no act or fault of the Con iraa for or, a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the`Work under contract with the Contractor, for any of the following reasons: .! .1 /i ss uance cf an order of a court or other public authority having jurisdiction; j 2 an act,lifgovernment, such as a declaration of national emergency, making material unavailable; 3 / because the Construction Manager or Architect has not issued a Certificate for Payment and has not 1 \ 2otifi;A the Contractor of the reason for withholding certification as provided in Section 9.4.2, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Co"tract Documents; or 4 /if repeated suspensions, delays or interruptions by the Owner as described in Section 14.3 constitute 1, ; in the aggregate ,more than 100 percent of the total number of days scheduled for completion, or 180 A \ ,' days.in any 365 -day period, whichever is less. \ I § 14.1.2 If one of the above reasons exists, the Contractor may, upon fourteen additional days' written notice to the 1 Owner, Constivction.Manager and Architect, terminate the Contract and recover from the Owner payment (i) for Work properly executed, (ii) for proven loss with respect to materials, equipment, tools, and construction equipment d and machinery; and (iii) reasonable overhead and profit on the Work properly completed. § 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or theiriagents_or employees -or any other persons performing portions of the Work under contract with the Contractor because the -Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to" the progress of the Work, the Contractor may, upon seven additional days' written \ notice to the Owner, Construction_ _Manager and Architect, terminate the Contract and recover from the Owner as providedin_Section-14.1.2. § 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; i (} .2 fails to,make payment to Subcontractors for materials or labor in accordance with the respective �-'a`greements between the Contractor and the Subcontractors; j \ \ \.3 persistently disregards laws, ordinances, or rules; regulations or orders of a public authority having jurisdiction; or .4 -otherwise is guilty of substantial breach of a provision of the Contract Documents. v -----§,14;2;-2-When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and upon certification' by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: { _ ,1_ take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Section 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. AIA Document A201/CMar" —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 52 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.10002951 11_1 which expires on 4/4/2008, and is not for resale. (2664130943) User Notes: § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall _not be -entitled to receive further payment until the Work is finished. 1V j § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for —_ the_Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall be paid.to.the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. j The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the _____Architect after consultation with the Construction Manager, and this obligation for payment shall survive -- ---termination of the Con; act. l § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. j I l ,F j I § 14.3.2 An adjustment shallk'be made for increases in the cost of performance of the Contract including r � , P g profit on the j increased cost of,perfortitahce, caused by suspension, delay or interruption. No adjustment shall be made to the f extent: .1 -' that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that'an a uit bl d' I q a _ e a Justmem. is made or dented under another provision of thus Contract. , § 14.3.3 Adjustments made in the�cost of performance may have a mutually agreed fixed or percentage fee. §14:4 TERMINATION. BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Cdntractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; _and--- .3 except for Work directed to be performed prior to the effective date of termination stated in the -__ notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and ,p4rchase orders. -§'14'4.3, -In the case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment from the Owner (i) for Work_properly executed, (ii) reasonable, proven costs incurred by reason of such termination, such as the costs incurred by the Contractor pursuant to Section 14.4.2, and (iii) reasonable overhead and profit on the. Work properly completed. (nit. AIA Document A201/CMaTm —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 53 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 10:59:35 on 04/27/2007 under Order No.100029511 11 which expires on 4/412008, and is not for resale. User Notes: — (2664130943) ATTAGx-1P��pN & OD RM 1 pESCR NA1-� �ove�ents P ACY% ' R1D1AN C1ard Site 1rnP 31D . N1E plaza visedl nd Site • �Gommtlnkty (fie 2 kp-e cape, icri9at�on, a pNpSE 1v gid p aardsoaOng complete \ands and e4�►P a jokww%V4 atecialWO 'ocvments and per th ?,Ovide a" Oxed n th bid d Re ulcemenesof Wotk as n 6�d h\ngs scop eats {utn�s: i Genera ReQu%ten` Divis►on 02' 60 , Site Futn\ShIngs ion stem d bike racks. Sec g10.1ccigatiMatefia\ \antecs, an Other $ecUon 002x40 . Plant tac\es, P d S�ton 2g20' gOd �ash,eceP abos, an es, ways' P s m Section 0 Inc\udes• dee 9fatesbench ° Pass under Walk d shrub sP�a�lttt yr\ \uc ec�jica\\y Ishin9s including 1pin9 t all tutf 3t\ e d ding t%on v%ce ac \d spec {urn icf%01on P Inc\u raven -{hts bid P \1 site d {ot stem %\\, rn� d in`�ta Wh uice al \ct\gation es, backflow p 111.1.60. back{ ?,Ovide an reG all sleeves ere to and oPetallo control va noted Pet Delements, P\an{in9. Where SO\1 supe ?rOv\dovemet`� eta\\ a eomP�e controllers, te,s ts, . 03 imp o at\d 0 ds, automa a comPa°t►on IandscashNbs fl°W�n9 Plan ?to and and ton, back#d1 ac ete edging including n sod• I a\1 e*Gava ej.Vuded co last m a!1ef%31sd b°u\tiers- .o0 at\d \aW l I Prop \deaat'd ins \\ aweed bat ts, sO`\ P en P es, Vee wrap, %,sol\ suPp\em `D l stale d Ins ,+- ?tOvlde an q k DO 2,0 xooesol ASE BID , L sheet L 1.63 on Sheets Me dallion as shown .1 Bronze eatute as shown Alternate No canal Water { Alternate IAO. 2 , pedOct jot the ec feature as shown $ L1.6a and \-1.69• meandering creek v'iat No. 3 . Ded``65 oc the meta\ tial\is footings Alternate 04 and \- e on sheet �1 011e a,Soc%ated `Mth th teNO.4,Da a`,�1?W. A1terna on L1 �0 as shown . �.... , Bp 2 (RVS�I aa' phase N PHASE IV—Community Plaza and Site Improvements Bid Package 1 ' Landscaping — Page 2 Having carefully examined the Invitation to Bid, instructions to Bidders, Bid orms, contract drawings, existing site and all conditions affecting the work, the undersigned agrees ees o foial urn sh all abormentFmaterials. etc., necessary .to perform the work as shown on the drawings and listed in the Bid Items, in accordance with the Bid Documents. The undersigned understands that Petra, Incorporated, the Owner, and the Architect reserve the right to reject any and/or all bids. Final award is subject to a 9 J approval by the Owner. Q 1 .1 1 I &n� ��C� l�� nc. Company Name Title Date (Seal if bid is by Corporation) ?,0, R_.c,K 72_{ Addr Pone Number lass - Pax Number(41 See a )qA.J,,d may, yS/4OZ�10,o-I Oz93-OZZ(0ro?195.QZZ: Public Works License Number o zz 390, secg Ned cry Idaho Contractors Registration Number Exp. Date 0 -Vo 0 Phase IV — BP 9 v -