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20-92 Agmt Fransen Pittman Town Hall Construction 10-14-2020
RESOLUTION 2U-92 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND FRANSEN PITTMAN CONSTRUCTION COMPANY REGARDING CONSTRUCTION SERVICES FOR THE FIRESTONE TOWN HALL CONSTRUCTION PROJECT WHEREAS, the Town of Firestone ("Town") is in nccd of construction scrviccs for its Town Hall Construction Project ('Project"), and WHEREAS, Fransen Pittman Construction Company, having dutifitlly performed the Project's pre -construction services, is uniquely qualified as a sole source to perform the Project's construction services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The Construction Services Agreement between the Town of Firestone and Fransen Pittman Construction Company is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ ATTEST: J�ssi,�a Koenig, AS TO Wi11iaY�'1'. Hayashi, Town Attorney this 14th day of October, 2020. OF FIRESTONE, COLORADO Sindb]/�r, =_-=AIA Document A133� - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price ADDITIONS ANU DELETIONS: AGREEMENT mad¢ as o£ the 14th day o£ October in tine year 2019 Tha author of tms ao.x,mant has fir» n a,�n .:»dieare day. »,o„m a»d yea,'. eases mro.mauon naeaea mr ua mplannn. The amhpr may alap BETWEEN the Owner: M1aya rayless eha text of the gdglnal me, /ega/stprus and address) AIA stenaara form. An Additions and p¢,e(ions Raporf that notes aaaaa information as weu es reylsiona to tna Firestone Town Hall stanaara (onn text is ayanabia from I51 Gran[ Avc. the author ana shame ba reyiawae. A F(re8t0[te. CO 80520 vertical line In tba laK margin of lMa eo ant ineica[as where the aplhor end the COnshvction Manago-: has aaaaa necessary m(ormatbn (Nar»e, /ega/ status mxd address) and where the author M1as aaaaa to or ealatae from [M1a ohginal AIA text. Fransen Pi[finen Cons[LLctlon Co., Inc. Tbls aocomant has Important legal 9563 S. Kingston Ct. ¢naeque s. ConsaftaGon wuh en Englewood, CO 80112 aKomay is ancaurag¢e with r¢spad for the following Project: eo les eomwanon ar mnaieoanon. (Name and address Or loeallo,•f AIA Document A2ot �"-2009, General Coneigona of [ha Con[rac[ Firestonc Town Hall Addition 8c Remodel for conahuIXlon, Is aapptaa In this I S / Grant Avc. eocumanl by reference. Do no[ use Firestone, CO 80520 wim omar gan¢ral conditions unless tFls doorman[ Ia moel[led. The Architect: (Name, legal status and address) Halcyon Design LLC 83t0 Colorado Blvd., Suite 650 Firestonc, CO 80504 Tlae Owner's Designated Representative: (Name. address m,d other i j ,ma[ionJ Raclynn Pcrrera Firestone Town Hall 151 Grant Avc. Firestone, CO 80520 The Construction Manager's Designated Representative: (N me, address anti other i Jbrn>ationJ Josh Davis Fra n Pinman ConsMuction Co., inc. 9563 S. Kingsmn Cc. Init. (1999>929]]) Englewood, CO 80112 The Architecr's Designated Repre entative: M rn¢, addr¢ss and oth¢r i Jon,rn(ior Kelly Denman Halcyon Design LLC 83[O Colorado BWd., Suite 650 Firestone, CO 80504 The Owner and Construction Manager agree as follows. In1<. new weumano n�aa •upa tmrm.n�y'.nz�._,.wc—auon.i.op ngnaw ma„aooaeenn aooso rn=.....a.... sa..a^..�..�.....a...a. ..�..,a,.».=ems..=... ..�e 'gmerlmn InsllWta of grdtllac[a.' AIA.' M1a AIA 1_ogo, antl "AIA Gantracl Owumenis" a ragislaratl Iradamatlas antl m al ba usatl wllbaul parmisslon. TM¢ 2 ( tlo -\Ima uee only�and may only ba ua¢tl In aemmtl n�wi1M1 [IM1a qlq ConlmG Uacurm n�lse Ta ms of $ary ca%To report mr pyrigM1 tvlol Ibnar a --mall Is Ileaneetl (or copytl9M�ela.pr9. User Notee: {s998]929]]) TABLE OF ARTICLES 7 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRU CTION PHASE SERVICES S COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHABE SERVICES 6 INSURANCE AND BONDS 9 DISPUTE RESOLUTION t0 TERMINATION OR SUSPENSION tt MISCELLANEOUS PROVISIONS '12 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT ARTICLE 'I GENERAL PROVISIONS § t.1 The Contract Documents The Conn�act Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, SpeciFcations, Addenda issued prior [o the execution of this Agreemenq other documents listed in this Agreement, and Modifications issued after execution of this Agreeanenq ell of which Form the Convict and are as fully a part of the Contract as if attached to this Agreement or repeated hcrcin. Upon the Owner's acceptance of the Conswction Manager's Guaranteed Max um Pri a proposal, the Contract Documents will also include the documents described in Section 22.3 and identified in the Guaranteed Max m Pri a Amendment and revisions prepared by the Architect end famished by the Owner as described in Section 2.2.8. The Contract rcpt-esents tfie entire and integtafed agreement between [he parties hereto and supersedes prior negotiations, representations or agreements, either dtten or oral. IF attyching in the other Cmuract Documents, other than a Modification, is mconsisront with this Agreement, [his Agreement shad govern. § '1.2 Relationship of the Pertles The Cwstructiou Manager accepts the relationship of wst and conFdevice established by [his Agreement and ants with the Owner to cooperate with the Architect and exercise the Conshvction Manager's skill and judgment in fvr<hering [he interests of the Owner; to fivnis6 eff;cient construction administration, management services and supervision; to £umish et all times an adequate supply of workers and materials; and to perform the Work i expeditious and economical m er consistent with the Owner's interests. The Ow agt-ees to furnish o approve, in a timely manner, information required by the Construction Manager and io make payments to the Conawction Manager in accordance with the requsemenrs of the Contract Documents. § 1.3 General Conditions For the Preconswction Phase, AIA Document A201T^�201'J, General Conditions of the Contract for Consnuction, shall apply otily as specifically provided in this Agreement. For the Conawction Phase, [he general conditions of the contract shall be as set Forth in A201-20t0, which document is incorporated hcrcin by reF ranee. The term "Contractor' as used in A201-201"/ shall mean the Constmction Manager. toll Oxumen[ Al9i 2OOB I[ormatly A[2T�CMc-30Baj. Copytlght®199L 2003 and 2009 by Tha Amamm� In¢Illuta o[A[cMlatt¢. All tlgMe [eaarvatl. Tl,a 'Ameacen In¢faule oI A,cM1Bacta: "AIA: tl,a AIA logo. d'AIA Conuad Oocumenls' are ragisla,atl Iratlamenas anE may not De useG w11M1ou1 pe,mission. Tbls 3 tlocumant wa¢ p,otlueatl by AIA saflwara at t B:OB:45 ET on 10/OT/2020 nutlet O W a, Na.9[4362]t3] wMcb expire¢ on 09/29/202L 1¢ not Ion re¢ale. Is Ileansatl fo, / ono—tlma u¢c only. antl may only ba uaetl in accortlance with [Fe AIA Conlmcl Oocumantem Tertns of Service. To upon copyflgbt vlol¢Ilane, a -mall (199H]929]]) ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Constnction Manager's Preconstmetion Phase responsibilities are set forth in that certain ag�eemmt for preconsuvction services dated August 19, 2019. The Constmction Manager's Construction Phase responsibilities a set forth in Section 2.3. The Owner and Constmction Manager may agree, in consultation with the Architect, for the Constmction Phase m c tee prior to completion of the Preconstmction Phase, i which c c, both phases will proceed concun�ently. The Constmction Manager shall identify a ropresentative authorized to act on behalf oT'the Consnvetion Manager with respect w the Project. § 2.t Preconstruetion Phasa (Pm-agruyHs de/ered) § 2.2 Guaranteed Maximum PAca Proposal antl Contract Tlme § 2.2.1 At a time to be mumetly agreed upon by the Owner and the Construction Manager apd in consultation with the Architecq the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price i t [he proposal shall be Htc s of [he Constmction Manager's estimate of the Cost of ❑re Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Amhimcq the Construction Manager shall provide in the Guaranteed Maximum Price for such further development tsistant with the Contract Documents and reasonably inferable thereEram. Such fvrtber development does not include such things as changes in scope, systems, kinds and quality o£ materials, finishes or equipmenq all of which, if required, shell be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written smtemee[ of its basis, which shall include the following: .! A list o£the Drawings and Specifications, including all Addenda therero, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guerantced Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specif cations; .3 A statement of the proposed Guaranteed Max n Pri e, including a statement of the estimated Cost of the Work orKaniud by Wade cateKories or systems, allowances, Contingency, and the Construction Manager's Fce- .4 The anticipated dace of Substantial Completion upon which the proposed Guaranteed Maximum Pace is based; end .5 A date by which the Owner must accept dac Guaranteed Meximuan Price. § 2.2.4 lit pmpanng the Constmction Manager's Guaranteed Max mmn Price proposal, the Constmction Manager shall i rclude its Con[iugency for the Construction Manager's exclusive use to cover chose unanticipated coats onsidered reimbursable as the Cost of the Work but not included in a Change Order for unanticipated costs it has Tad that arc not the basis for a Change Order under the Connect Documents, which Contingency shall not exceed fifteen percent (15%) of the Cost of the Work. By way of example, end not as a limi<atiov, such costs may include: (a) trade buy-out differentials; (b) overtime o ccleration; (c) escalation of materials; design enure or omissions (t) those c nts For which the Owner has extended schedule and time but has not i eased Ote Contract Sam (ie. Eor conditions out of the Conh-acror's control). The Contingency is not available m Owner for any treason, i tchiding, bot of limited to changes i t scope a any other item which w uld enable Consnvetion Manager to i e the Guaranteed Maximum Price under the Contract Documents. Constmction Manager shall providetOwner notice of all anticipated charges against dte Contingency, and shall provide Owner a monthly status report setting forth an accounting of the Contingency. Cousuvctiou Manager agrees that with respect to any expenditure From the Contingency relatitrg to a Subcontracmr default or an event Por which in of bond may provide reimbursemenq Construction Manager will in good faith exercise reasonable steps to obte to performance from the Subconu�actor Init AAIA necuman[ A133" — 2008 (rormarly A1N ^�CMc— 200]). Capytlghr ®1991. 2003 antl 2009 by Tha Amaticen InellWte oI A,cFitacra. All nghts re¢ervatl. The n InsliWte oI Amhllect¢," "AIA: qa AIA Logo, antl -AIA Gan Vecl Oocumanls- a.a reglataretl Irademe,ra¢ end may not ba used witnoul p¢rmisslon. Thla 4 Aacu rinanl was protluce0 by AIA ¢ollwere el 16:0a:46 ET on 10/OT/2020 untlet OMor No.914332]t 3] wMch expire¢ on OH/29/202t. Is not for resale, is Ilc¢n¢aG lot / e-Brea use only, anE may only be uaeO In accottlanca wlat Ilia PIP Contrect Oocumenlse Tatma of 5ervlco. To wpott copy regal vlolationa. a -mall onpyrl9h[®ala.ot9� tB99T929TT) Uaar Neba: t and/or tccovery from any surety or insurance cmnpany. Constmction Manager agrees that if Constmction Manager is subsequently reimbursed for said costs, then said recovery will be credited back to the Contingency. § 2.2.5 The Constmction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Prim proposal In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the infovmation presented, [bey shall promptly notify the Constrtvction Manager, who shall make appropriate adjustments [o the Guaranteed Maximum Price proposal, its basis, or bodt. § 2.2.6 Following review o£[he Guaranteed Maximum Price proposal., and after making any appropriate adjustments thereto, Owner shall notify the Constmction Manager that the Owner has accepted the Guaranteed Maximwn Price in writing on or before the date specified in the Guaranteed Maximum Price proposal. Following Ovnter's acceptance of a Guaranteed Maximum Price, the Owner and Constmction Manager shall execute the Guaranteed Maximum Price Amendment amending dais Agreement, a copy of which the Owner shall provide to [he Architect The Guaranteed Maximum Prim Amendment shall set forth the agreed upon Guaranteed Maximum Price with the in{ nnation and assumptions upon which it is based. § 2.2.7 The Constmctien Manager shall not incur any cost m be reimbursed as pan of the Cost of the Work prior to the commencement of the Consnvction Phase, unless the Owner provides prior wtitccn authorization for such costs. § 2.2.8 The Ownor shad authorize the Architect to provide the revisions [o the Dtgwings and Specifications [o corporate the agreed -upon assumptions and clarifications contained in clue Guaranteed Maximum Price Amendment. The Owner shall promptly fumish those revised Drawings and Specifications to the Constmction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any fnconsiamncics between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Constmction Manager shall include in the Guaranteed Maximum Price all sales, cansmneq use and similar [axes for the work provided by the Constmction Manager that etc legally enecced, whetfier or not yet effective, at the time the Guarantmd Maximum Price Amendment is executed. § 2.210 The Work will be provided under all awarded schedules and shall be substantially completed as of the date set forth in Exhibit H [o the Guaranteed Maximum Price Amendment Final completion £or all Work awarded shall be date as specified in Exhibit H to the Guatanteed Maximum Price Amendment . § 2.3 Construction Phase § 2.3.1 General § 2.3AA For proposes of Section 8.12 of A201-201 �, the date of commencement of the Work shall mean the date of �mamencemenc of the Constmction Phase. § 2.3d.2 The Constmction Phase shall commence within ten (1 O) calendar days after completion of all of the following: .9 Owner's approval of the total Cost of the Work .2 The Pactics' mutual execution of the Guaranteed Maximum Price Amendmenq .2 Owner famishing evidence of ability [o finance the entire Cost of the Work - ..3 Procurcmmt of a complete and final Building Pmniq grading penniq and other permits necessary for the commencement and continuity of Constmction operations; .4 Delivery of such Bonds as Consnvction Manager may be required to furnish in accordance with Article 8 of this Agreement; .6 Delivery of such Certificates of Insurance that Consnvction Manager is required to purchase and maintain m accordance with Article 8 of [his Agrmmenq and .7 Issuance of a Notice to Proceed. § 2.3.2 Administration § 2.3.2A Those portions of the Work [hat the Constmction Manager does not customarily perfonu with the Consttuction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements Init AIA poeuman[ A133" — 3009 (/eemoly A13T�CMe— 2003). CopytlghlO t991. 2003 antl 2008 by Tba Anx3tlren Inalltu[a olAaM[ada. All tlghta tavarvatl. Tha 'Amariean InallWla or AreMlae[a: 'AIA,' Iha AIA Logo, and "AIA CanVael noeumanta' am mglv[¢,atl batlamads antl may not ba ua¢tl wlTou[ parmiavion. This 5 ( tlow;me uea my tland may only bus usatl In accnBtl ncaTwith tOhe AIA eonVeel peens men ®®4Tatmra nt ServleaxTa repo �opplgMlW dallonar a -mall le Ileen¢ad bt copyngh[�ala.org. V ear Natae: (t B9B]82999) Init. with the Consnvction Manager- The Owner may desigrate specific persona from whom, or entities from which, the Construction Manager shall obtain competitive bids- The Consnvction Manager shall obtain bids fi-om Subcontractors and from suppliers of materials or equipment £ bricated especially for the Work and shall deliver such bids w the Architect The Owner shall then demnnine, with the advice of the Consnvction Manager and the Architect, which bids will be accepted. The Coustawtion Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.32.2 iF the Guaranteed Maximum Price has bean established and when a specifc bidder (1) is recommended to the Owner by the Constmction Manager, (2) is qualified to per'FmTn chef portion of the Work, and (3) has submitted a bid that conforms to [he requirements of the Contract Documents without reservations o exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranmed Maximum Price by the difference between the bid of the person or emiry ceded to the Owner by the Constivetion Manager and the amour[ and time requirommrt of the subcontract or other agreement aclrraLly signed with the person or entity designated by [he Owner. § 2.3.2.3 Subcontracts or other agreements shalt conform to the applicable payment provisions of this Agreemenn and shell not be awarded an the basis of cost plus a fee without the prior consent of [he Owner- if the Subcontract is awarded on a cost-plus fee basis, the Constmction Manager shall provide in the Subcontract for the Owner to receive tive same audit rights with regard to the Subconnvctor as the Owner receives with regard to the Construction Manager m Sec[iou 6.l 1 below. § 2.3.2.4 if the Constmction Manager recommends a specific bidder that may be considered a "related party" according to Section 6.1 O, tfien the Consnvction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction according to Section 6.10.2 § 2.3.2.5 The Construction Manager shell schedule and conduct mmtings to discuss such matters as procedures, progress, coordination, scheduling, and stains of the Work. The Consnvcticn Manager shalt prepare and promptly distribute aninutes to dre Owner end Architect. § 2.3.2.5 Upon the execution of the Guaranteed Maximum Price Atnevdment the Construction Manager shall prepare and submit w the Owner and Architect a construction schedule for the Work and submittal schedule in accordance witfi Section 3-10 of A201 —20I �. § 2.3.2.] lncludcd in the working days is an allowance for 6 anticipated adverse weather days total for the project, whc a weather prevents or interferes with the critical path conatrvction activity and Consnvction manager is delayed in the progress of Die Work by unanticipated adverse weather. (Paragrrryh rle/e[erfj § 2.3.2.8 There is no bonus incentive For early completion of tlris Project, n wilt liquidated damages be assessed for failure to spbscantiaily complete the project by the Substantial completion Date. § 2.3.2.10 The Constmction Manager shall r ord the progress of the Pr jeer on a monthly basis, or otherwise as agreed to by the Owner, [he Constvwtion Manager shpll submit written progress reports to the Owner and Architect. showing percentages of completion and other information required by the Owner. The Consnvction Manager shall also keep, and make available to the Owner and Arehifecq a daily log containing a record for each day of weather, portions of Ute Work in progress, number of workers o site, identification of equipment o site, problems that might off c[ pa'ogress of the work, accidents, injuries, and ocher information required by the Owna'. § 2.3.2.1 The Constmction Manager shall develop a system of cos[ control for the Work, including regular monitoring of actual costs for activities in progress and estimares for uncomplemd tasks and proposed changes. The Constmction Manager shall identify v s between actual end estimated costs end report the variances [o the Owner and Architect and shall provide this in£onnation in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.] above. § 2.4 Professional Services Sectien 3.12.1 O of A201-20I ]shall apply to both the Preconsnvction and Constmction Phases. 20p3). CopyMgFl ® t OBL 2003 anE 200E by TM1e Amencen Inetllute of AmM1ltttt¢. All rlBM1ta resatvad. Tha tl "AIA Contrad Documents" are mgleleretl VedameM® antl may nal be u¢e0 wltM1eul parml¢¢lon. Thla 6 n 1O/O]/2020 unGer OrGat No.8t4362rt3] wM1ICM1 ezpbc¢ an OB/09/2021. 1¢ nol for resale. le Ilcansatl (o, witM1 tM1a AIA ConVact Oocumonteo Terms of Bervlce. To rcpon wpyrlBM1t vidatlon¢, a -mail (t H99r929 ]>J Init. § 3.T.2 Owner has appropriated funds equal m or in excess of the Contract Sum, and the Guaranteed Maximum Price Amendment shall include a provision to that effect. § 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) re noble contingencies related to ell of these costs. [F the Owner significantly increases or decreases the Owner's budget for dve Cost of the Work, the Owner shall notify tls Constmction Manager and Architect The Owner and the Architecq in consultation with the Constmction Manager, shall thereafter agree to a corresponding change in [he Proj ec['s scope and qualify. § 3A.4 SVuetural and Environmental Teets, Surveys and Reports. During the Precoustmction Phase, the Owner shell fivmish the following information or services with reasonable promptness. The Owner shall also famish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness aft:m- receiving tive Constmction Marmgcr's written request { r such irrfea-mation or services. The Constmction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall famish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests F r hazardous materiels. § 3.1.4.2 The Owner shall famish surveys describing physical characteristics, legal limitations and utility locations for the site of the Projec[y and a legal description of the site. The surveys and legal infomvation shall include, as applicable, grades and lines of streets, alleys, pavements end adjoining property and structures; tlesignated wetlands; adjacent dmivage; rights -of --way, restrictions, easements, encroachments, zoning, deed resu�ictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing builtlings, ocher improvements end trees; and information concv-ming available utility services and lines, bath public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall famish services of gwtechnical engineers, which may include but ere not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations For anticipating subsoil conditions, with written reports antl appropriate recommendations. § 3.T.4A During the Construction Phase, the Owner shell Furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also fivmiah any other information or services under the Owne control and relevant to [he Construction Manager's performance of the Work with reasonable promptness after receiving the Constmction Manager's written request for such information or services. § 3.2 Owner's Designetetl Representative The Owner shall identify a representative authorized [o act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and famish information expeditiously, so as to avoid noble delay in the services or Work of the Construction Manager. Except as odveravise provided in Section 4.2.1 of A201-201'], the Architect does not have such amhoriry. The term "Owner" means the Owner or the Owner's authorized repmsentative. § 9.2.1 Legal Requirements. The Owner shall furnish ail legal, in and accounting services, including auditing services, that may be reasonably necessary at any time For the Project to meet the Owner's needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in ATA DocumentB 103Ta'�2019, Standard Porm of Agreement Between Owner and Architect, including any additional services requested by the Constmction Manager that are necessary for the Constmction Pfiase a ices under this Agreemrnt. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner end the Arclvirccq and any further modifications m the agreeanent. (Pm-ags-nphs deleted) aY AIH soirwara e[ l V: Va:n> G r on i antl m y only ba uaetl In accortlanca w11M1 an Inatl[uta of /NCFltada. All tl8bra roaervetl. Tba antl may not ba usatl wllM1aut parMwron. TM1I¢ 8 n 08/28/2021. Is not for ra¢el¢. b Ilcan¢atl (or repro[ copyriBbt vlolatlon e. a -mall (t88H]829rr) Init. § 2.4.1 DeslgNBuild Components. The Work includes «m DesigitBuiid Work, as defutcd below. § 2.4.2 Except with respect to the DesigtBuild Work, as defined herein, to the extent that the Owner requiios any cidmtal a tstroction c ulting, material o ost engineering analyses, the Owner acknowledges that such ces are advisory in nature and tare not ro be considered prof saional design services- Except with respect to the Design/Build Work, the Owner will, with due diligence, re{ r any such recommendations, suggestions or questions to the appropriate design proFessionals, and the Construction Manager shall have no liability to dtc Owner or to the Architect or its consultants for such services requested by the Owner. § 2.4.3 Under Win Agrc mvh the "DesignBuild Work" shall be defined as that constmction delivery method whereby the Cmtstivction Manager has entered or will enter info subcontracts that include delivery of design build services by a Subcontractor- The Design/Build Work will be perfoamed in accordance with the provisions of this Article 2.4. The Owner acknowledges chat the pricing For the Design/Build Work included in the Contract Sum is based upon the scope of the Design/Build Work set forth in the Plans and Specifications as of [he date of this Agreement or as set by the GMP Amendiaent. The Contract Time shall be equitably extended and the Contract Sum, indndutg applicable General Conditions Costs, bonds and insurance, shall be increased if the scope of the Design/Build Work changes. § 2.4.3.t The DesignBuild Work must be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Consh�uction Manager, through [he applicable Subcmttractor, will submit For [he Owner's approval a schedule for the pei4oi-mance of the Design/Build Work which may be adjusted as the Project proceeds, and shall include allowances foe -periods of time required Eor the Owner's review and approval The Construction Manager shall cause the Design/Build Work Subcontractor to properly and timely submit their respective designs for approval by the Architect and with any and all applicable authorities having jurisdiction over the Project. § 2.4.3.2 For all DesignBuild Work, the Construction Manager shall require the Design/Build Work Subcontractor and relevant Sub -subcontractor to provide and m intern appropriate professional liability coverage insurance. The DesignBuild Work Subcontractor end Sub -Subcontractor shill continue [o carry professional liability instv'ance that complies with the regm ants of this Agreement tluvugh « rc applicable Stance of Repose or such other time as may be designated herein. Notwithstanding anything [o [he contrary set forth herein, «te Owner hereby acknowledges and agrees that, in the oven[ of any defect in the design of the DesignBuild Work as prepared by the DesignBuild Work Subcontractor and/or Sub-subconb'acmr, the Construction Manager's liabiliry shall be limited to the proceeds available under such professional liability i e policies, and the Conshvction Manager hereby assigns to [he Owner all of the Construction Manager's claims against the Design -Build Work Subcontrnctor in cormection therewith, end the Owner heroby w s any and all rights it may have m any additional r covery or damages against the Constmc[ioa Manager. The Conshvction Manager shall identify Hte Owner as an express, third -party beneficiary of each Design -Build subcontract. $ 2.4.3.3 The DesignBuild Work Subcontractor and/or Sub -subcontractor shall prepare constmction documwts for the DesignBuild Work for approval by the Owner and the Architect, consisting of drawings and specifications Bening forth in detail the requirements For the constmction of [he Design/Build Work portions of Project. The Architect shall review all designs and conatmc«on documents c npri mg the DesignBuild Work For consistency, coordination end ntegration pnrposcs. Upon completion and acceptance by «te Owner and the Architect, the designs and c tstmction documents comprising the Design/Build Work will be considered part of the Contract Documents. Notwithstanding anything to the contrary set Torch herein, the Conshvction Manager shell have no obligation to have its Subcontractor perform the DesignBuild Work or to constmct the Design/Build Work until the Owner has approved the designs and construction documents compassing tltc Design/Build Work. § 2.5 Hazardous Materials Section 10.3 of A201-201'] shall apply to the Constmction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3A.1 The Ow shall provide information wick reasonable promptness, regarding requirements for and limitations on the Project, including a ritten program which shall set forth the Owner's objectives, consv�aints, and criteria, ncluding schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and silt requvements. and zoos ny rna Amason msnwaa or nrm9eota. nil .Iglne .eeenree. me revlsmrea rreeama.ks aaa may �aa .sae wnnom permleslon. Tole 7 9143a2]13] wnlen avpirea an BB/2B2021, is nol Ira .¢sale. Iv IleanaeG b. itao Tama ol5arvlca. Ta report copytlghi vlolatlona, a -mall ('1998]928]]) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.'I For the Constmction Manager's performance of the Work as described in Section 2.3, the Owner shall pay th¢ Constmction Manager the Contract Sum in current funds. The Contract Sum is [he Cost of the Work as deFned in Section 6.1.1 plus the Constmction Manager's Fee. § 5.'1.'1 The Consnuction Manager's Fee: (Store a Bone suer. PercentaSe lCost 1 U>e Wor/ ot� other p>rovtsian j r dc<es-ininhx% the Cousts-uction Manager's Fee.) (4.1%) of the total Cost of the Work, which shall be included in the Guaranteed Maximum Price. § SA.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: 5 % overhead and proflc § S.L3 Limitations, if any, on a Subcontractor's overhead and proFt for increases in the cost of its portion of the Work: I5 % overfiead and profit limit on subcontractor's markup on Chang¢ orders § 5.1A Rental rates for Construction Manager-prrovided equipment shall be as shown in the Standard Tool and Equipment Rental Pricing List attached hereto as Exhibit C. § 5.1.5 Unit prices, if any: (IdenrlJ' nrsd smte the writ ptYre; srnte the 4»ontrry limitations. ilarsY. to which the meit price toil! be app/icable.) Item Units and Limitations Price per Un{t ($O.00) § 5.2 Guaranteed Maximum Price § 5.2.1 The Constmction Manager guarantees that the Contract Sum shalt not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendmenq unless amended by a Change Order or Written Amendmrnt. To the extent the Cost of the Work exceeds the Guaranteed Max m Pri e, the Construction Manager shall bear such osts i of the Guaranteed Max m Pric¢ without reimbmxement or additional compensation from the Owner. TheeGuamn<eed Maximum Pri c shell be determined when Constructive documents are 100% coanplete and approved by Ow avd made part of this Agreement by written ameudmen< hereto. Ceatstmction Manager does not guarantee any specific line item estimate provided within the Guaranteed Maximum Price. (Jsserr specfc provisions lrh¢ Consnacttors Mnuoger is to parrictpate hr any savi»gs.J None. § 5.2.2 The Guaranteed Maxhnum Price is subject to additions end deductions by Change Order as provided in the Convect Doovmen[s and the Dale o{Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.9 Changes In the Work § 5.3.t The Owner may, without invalidating the Contract and without notice to any sutcry, order changes in the Work witfiin the gm rxl scope of the Convect consisting of additions, deletions o otter revisions. The Owner shell issue such changes ie ruing. Snch additions, deletions or r¢visions will be authorized by a Written Amendment, Clvangc Order in accordance with Article'] of AIA Document A20t-2019. The Aarohirect anay make minor changes in the Work as provided in Section '1.4 of AiA Document A201-201 �, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in th¢ Contract Time as a result of changes in the Work. § 5.3.2 Adjustmrnts to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of fhe Guaranteed Maximuan Price Amendment may be determined by any of [he methods listed in Section 7.33 of ASA Document A201-201'], General Contlitiotts of the Contract for Construction. Inn. ��Amanren In wcYJt document was pmducetl by (19aHrH2a1]) In{[. § 5.3.3 in calculating adjuscmmns to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a f ), the [erns "cost" and "fee" as used in Section 9.3.3.3 of AiA Document A201-2019 and the term oats" as used in Section 0.3.4 ofAtA Document A201-201 O shall have the meanings assigned to them in AIA Docunamt A201-201T and shall no[ be modified by Sections 5-1 and 5.2, Sectious 6.1 through 6.9, and Section 6.g of this Agreement Adjustments to subcontracts a aided with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accw�dance with the [emts of those subcontracts. § 8.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cos[" and "costs" as used in the above -referenced provisions of A[A Document A201-2019 shall mean the Cost of the Work as deft ned in Sections 6.1 to 6.') of this Agreement and the term "Fee" shall mean the Constuction Manager's Fee es defined in Section 5.1 of this Agreement. (Pm�ngrn➢h de/gyred) ARTICLE 8 COST OF THE WORK FOR CONSTRUCTION PHASE § 6A Costa to He Reimbursed § 6.1.1 Tlve tens Cost of the Work shall mean costs necessarily i �ed by the Constuction Manager in the proper performance of the Work. Such costs shall be at rates not higher thanrthe standard paid at the place of the Pr jeer except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.], as modified by Exhibit t Clarifications, and Contractor's General Conditions Costs as itemized and identified in the Guaranteed Maximum Price Amendment. Should « tare be a conflict between the Articles describing the Cost of rho Work, and in cast of conflict Exhibit 1 Clari{cations shell prevail. § 6.t.2 Where auy coat is subject ro the Owner's prior approval, the Consussction Manager shall obtain this approval prior to incurring the cost Tl[e parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § e.t.4 Contractor's Gener¢I Conditions Costs art: defined as those costs that ¢re itemized and identified in the GMP Amendment. § B.2 Labor Costs § 8.2.1 Labor -etas and other compeuse[ion for employee n the direct a nploy of the Consvuction Manager to perform the Work or services specifically related to the Work, whether at due site o n Constnvctien Manager's principal o a branch off ce, under schedules ofjob classifications and at such mtesrse[ fprth in Exhibit D. Such mployeea shall include without limitation superintendents, foremen, constmc[ion workers, special c ultants (including but not limited to architects, testing laboratories, surveyors, attorneys and accountants) and other peraonml mployed full-time. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time. spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages Vlus the cost of fringe benefits, which shall include socials rity c ntribmiens, unemploymen4 excise and payroll [axes, workers' compensation, health and retirement benefits, bonuses. sick leave, vacation and holiday pay applicable thereto. (Pnrngra➢hs delered) § 8.3 Subcontract Costs Payments made by the Consnuction Manager to Subcontractors £or Work performed or furnished by Subcontractore in accordance with the requ [ements o£the subcontracts. § 6.3.t Construction Manager reserves the right to self-per-frnm work typically performed by Subcontracmrs, if such work is identified For self -performance in the GMP Amendment and only on a cost plus f e (Not -To -Exceed 5 %)basis subject to an agreed upon guaranteed maxinmm price for the self -performed work The Construction Maoeger shall bid its proposed Guaranteed Maximunv Price for the work to be "self-perfomved" against at (east three other interested trade contractors. Any subcontract For self -performed work will provide for Vayment in an amount equal to the Cost of the Work (as defined in the Contract Documents) and will not exceed the agreed upon subcontract guaranteed m prig. All terms and provisions of any subcontract for "self -performed work" will be consistent with the [cons and conditions of this Agrrornvrnt with the exception of the agreed upon Fee percentage. All savings under any such subcontract for self -performed work shall be applied to reduce the Cost of tive Work under this Agreement end by one men ogee uses wlmo � Denote eQ neaten 10 n gB/29/2021, le not /or re¢ela. Is Ilea tl for report eapyngM vlolarlona, a -mall ('1889r928Jr) rn1e. the Guaranteed Maximum Price of this Agreement For pwposes of defining ^self-peribamed work^ subject to this ontract provision, any division of Construction Manager, o any separate Construction Manager or subcontractor [hat is partially owned or wholly owned by the Construction Manager or any of th¢ir employees or employee's relatives will be considered a related parry entity and will be subject to this provision regarding "self -performed work^. No self -performed work will be allow¢d [o be performed on a lump sum basis. § 6.4 Costs of Materials antl Equipment Incorporatetl In the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § B.4.2 Costs of materials described in the preceding Section 6.4.1 in ss of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, i{any, shell become the Owner's property at the completion of the Work or, at the Owner's option, shall be soltl by the Construction Manager. Any amounts realized from such sales shall be creditetl to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costa of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by constriction worhets that a e provided by the Constmction Manager at the site and fully consumed in the performance o£ the Worh. Costs of r materials, supplies, temporary f tittles, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the valu¢ of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for tempomry facilities, machinery. equipment and hand tools not cusmmarily owned by construction workers that ere provided by the Construction Manager at the site and cows of traasportation, installation, Cnor repairs, dismanding and removal. Rates of Construction Manager -provided equipment are set Porth in Exhibit The rentals of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. § 6.5.3 Costs of removal of debris from the site of [he Work and its proper and Icgal disposal. § 6.5.4 Costs of the Construction Manager's site office, including general office equipment end supplies. Costs for nications srnicea, el¢ctronic equipmenq and software, directly related to the Work with the Owner's prior approval. Cost of document reproductions and delivery charges incurred ht discharge of duties cormected with the Worh. § 6.5.5 That portion of dte necessary expenses of the Construction Manager supervisory or administrative personnel mad white traveling in discharge ofduties connectetl with the Work, including automobile allowances, cell phones and subsistent¢ expenses. § 6.5.6 Costs of materials and equipment suitably stored off the site ai a mutual ly acceptable location, with adequate sutures coverage evidenced by a certificate of insurance provided to Owner, and subject to [he Owner's prior aPProval. § 6.6 Miscellaneous Costs § 6.6.1 Costs of premiums for additional Bontls and inwrance required because of changes in the Work. § 6.6.2 Sales, us¢ or similar taxes imposed by a governmental authority that are related to the Work and for which the Constmction Manager is liable. § 6.6.3 Fees and assessments for the building permit and for othea-pelmits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay, subject fo Exhibit [Clarifications. § 8.6.4 Fees of inboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work Eor which reianbursement is excluded by Section 13.43 of AIA Document A201-201'] or by other provisions of the Contract Documents, and which do not fall within tlae scope of Section 6.9.3. ma ._- 11 usa only, entl may only be useO In amotlanca (189ar92 B7]) lnit. § 8.6.5 Royalties end license fees paid for dac use of a particular design, process or product required by the Contract Documents; the cost ofdefending suits or claims for infringement of patent rights arising from such requirement of [he Contract Documents; and payments made in accm�dance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent Howayeq such costs of Legal defenses, judgments and sealanents shall not be included in the calculation of the Construction Mavager s Fee or subject to the Guaranteed Maximum Price. § 6.6.6 Costs { [- couvnuvications services, electronic equipanent and software, inclndiug Texture Eees, directly related to [he Work with the Owner's prior approval. § 6.6.] Deposits lost for causes other than the negligence of the Construction Manageq any Subcontractor, or anyone directly or indirectly employed by any of them and for whose acts any of them may be liable m� the failure of the Conshvction Manager, any Subcontractor, or anyone directly or indirectly employed by any of them and F r whose acts any of Oiean may be liable to fulRll a specifc responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other then those ar sirvg From dispures betwma [hc Owner and Conawction Manager asonebly intoned by [Ire Covstmction Mavager offer the executlon of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withh¢Id. (Pmngraph delee¢d) § 6.8A0 General Proj¢ct close out costs, including but not limited to demobilization, punch list, operation antl mamteuance manual and as -built drawing costs. § 6.7 Other Costs and Emergencies § 6.].1 Other costs incm-red in the perionnance of the Wm�k if, and to the ex[enq approved in advanm in writing by [he Owner. § 8.].2 Costs incunW in taking action to prevent threamned damagq Injury or loss in case of an emergency off ding rive safety of persons and property, as provided in Section 10.4 of AIA Document A2O1-2017. § 6.7.3 Costs of repairing or conroctiug damaged Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged Work was not caused by vcgligence or failure [o ful£ll a specific responsibility of the Consnvetion Manager and only w the extent that the cost of repair or correction is not recovered by the Conauvction Manager from insuvance, smvties, Subcontractors, suppliers, or othms. § 8.].4 The costs described in Sections 6.1 through 6.7 shell be included in the Coat of the Work, notwithstanding any provision o£ A[A Document A201-2017 or other Conditions of [he Contract which may rcquirc the Construction Mavager to pay such costs, unless such costs ate excluded by the provrsrons of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 8.8.2 The Cost of the Work shall not include the items listed below: A Salaries antl other compensation of the Construction Manager's persormel, whether smtiaved at the site or a[ Consnuction Manager's principal office or offices other than the site o££ce for geneml adminisan[ion of the Work end not specifically r¢fen�ed to in Scc[ion 6.2, except as specifically provided iv Section 6.2, or as may be ptvyided in Article 11 : .2 Expenses of [he Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses not expressly included in Sec[:ons 6.1 to 6.7 or 1 1 .5 or otherwise xcluded in Exhibit I Clarifications: .4 Any pact of the Construction Manager's capital expenses, including intetvst on the Construction Manager's capital employed for the Work and charges against Consnve[ion Manager for delinquent payments (unless delinquent payments are due to late payments f�om Owner); .5 Except es provided in Section 6.].3 of [his Agreemenq costs den to the negligence or failure of the Construction Manager, Subconcracrora and suppliers or anyone directly or indirectly employed by any of [hem or for whose acts any of tivem may be liable to Fu1F11 a specific responsibility of rive Contmcq tsar zoos aaa ^_ _ mPe. m,.a,nn. _. 12 me AlA soawara ar t8:09:95 Er on ln/n7/2a y only be ueatl In ®xorOanm with tM1a AIA (t88ar8287>) ncluding concction of defective or nonconforming Work, disposal of materials or equipment wrongly supplied, and vropairing any damage <o propevTy; .6 Any cost not specifically and expressly described in Sections 6.1 m 6.9 or 1 L5; .� Costs, ocher than costs included in Change Orders approved by the Owner, [hat would cause the Guamntccd Maximum Price to be exceeded; and .e Costs fm� services incun�ed during the Precons[mcton Phase. § 6.9 Discounts, Rebates and Rotunda § 6.9.t Cash discowus obtained on paym nts made by the Constmction Manager shall accrue to the Owner i£(I) before making the payment, the Constmction Manager included tl>em in an Application for Payment and received payment from the Ownen or (2) the Owner has deposited funtls with the Constmction Manager with which to make payments; otherwise, cash discounts shall acctve to the Construction Manager. Trade discounts, rebates, refunds and amounts received f'om sales of surplus materials and equipment shall eccme to the Ownen and the Construction Manager shall make provisions so that they can be obtained. § 8.9.2 Amounts [hat accme m the Owner in accordance with the provisions of Section 6.9.1 shall be credited m the Owner as a deduction From Hte Cost of the Work. § 6.10 Related Parry Transaetlona § 6.'10.1 For purposes of Section 6.10, the teem "related party^ shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, d>e Constmction Meneger owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or aFfairs of the Cav>s[rvction Manager. The teen "related party" includes any member of the immediate family of any person identiEetl above. § 6.'10.2 IF any oFthe costs fo be reimbursed arise ti�om a lransec[iov between the Construction Manager and a [elated party, the Constmction Manager shot I notify the Owner of the specific nature of the contemplated transaction, including the identity of the related parry and the anticipated cost to be incutred, before any such transaction is nsummated or cost incurred. If the Ownen after such notidwtioo, authorizes the proposed transaction, then [he cost incurred shall be included as a cost to be reimbursed, avd the Construction Manager shall procure the Work, equipmenq goods or service from die rotated party, as a Subcovtmcmq according to the [cons of Sections 2.3.2.1, 2322 and 23.23. if the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipmenq goods or service £rom some person or entity other than a related party according to the terms of Sections 2.3.2.1. 2.3.2.2 and 2.3.2.3. § B.'I.1 Accounting Recortls The Owner shall be afforded access ro Me Covsnvetion Manager's record books, correspondence, instrvetions, drawings, receipts, vouchers, memoranda and similar data rotating to this Agreement for a peviod of three years after final payment. Any audit shall be performed by a qualified construction CPA selected by Owner and acceptable to Constvction Manager, acting in the sole interest of the Owner. The cost of the audit sl>all be the sole rosponsibility of the Owner. All audit fmdfnga will be considered confidential and can only be disclosed between Owner, Owner's Auditor and Constmction Manager unless the Auditor's £ntlings result in a dispute which reasonably requires further disclosure. Othwwisc, no disclosure of any audit findings will be allowed to any other pavTy. . ARTICLE � PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.'I Progress Payments § T.1.1 Hascd upon Applications for Payment submitted m the Architect by d to Constmction Manager and Certificates for Payment issued by the Amhireey the Owner shall make progress payments on account of the Connect Sum m the Construction Manager as provided below and elsewhere in the Connect Documents. § T.1.t.1 Payments by [he Owner to the Construction Manager will be in the form of a wire transfer of electronic funds. § T.'1.2 The period covered by each Application for Payment shell be one calendar momh ending on the last day of the month, or as follows: Intt. ttaswazwrl '13 § ].1.3 Provided that an Application for Payment is received by [he Pu-chitect not later than die RRh day of a month, the Owner shall make payment of the certi£ed amours[ m the Constvction Manager not later than the twenty-fiRh day of the same month. Tf an Application for Payment is received by the Architect aRer the application date fixed above, payment shall be made by the Owner not lamr than thirty (30) days aRer the Architect receives the Application for Payment. (F¢d¢m/, state m� /Deal fmva nmY /'¢9uir¢ paYnrerr! ivilhin n. e¢rloin period ofriva¢.) § ]A.4 W ith each Application far Payment, the Construction Manager shall submit evidence required by the Owner or Architect to demonstrate [hat cash disbursements atr¢ady mad¢ by the Construction Manager on account of the Cost of the Work equal or exceed progress payments ahcady received by the Constiiction Manage-, less [hat portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. § ].t.5 Eech Application for Payment shalt be based on the most recent schedule of values submittetl by the Constriction Manager in cmdance wide the Coutract Documents. The schedule of values shill allocate t to entire Guaranteed Maximum Pr ce among the various portions of the Work, except that [he Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such date to substantiaro tea accuracy as the Architect may require. This schedule, unless objected to by the Architecq shall be used as a besrs for revrewmg the Construction Manager's Applications for Payment. § ].t.6 Applications for Payment shall show the percentage of completion of eacfi portion of the Work as of [fie end of the period covered by Hie Applicatioo for Payment. The perrentage of completion shall be the percentage of Hiet portion of the Work which has acmelly been completed. § ].1.] Subject to other provisions of fhe Contract Documents, the amount of each progress payment shall be made as FOI lows: A Prior to substantial completion, progress payments shall be made in amours[ to be cmmputed as follows (a) Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of Hach portion of the Work by the sherc of the Guaranteed Maximum Price allocated to that portion o{tlie Work in the schedule ofvalues. Pending final determination of cost [o the Owuer of changes in [he Work, amounts not in dispute shall be included as providetl in S«[tors ].3.9 of AiA Document A201-201 "/; (b) Add [hat portion of the Gvamnteed Max um Price pa-operiy allocable [o materials and equipment delivered end suitably sinned attthe sits for subsequrnt incorporation i i the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in citing; (e) Add [he Construction Manager's Feq Iws retainagc of five percent ( 5 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 0 , if the Cons[mction Manager s Fee is stated a a fixed s n in [ha[ Sectieu, shall be au amount that bca s the same ratio to chat Fixed -sum Fee as the Cost of die Work bears to a reasoaeble estimate of fhe probable Cost of [fie Work upon its completion; (d) Subtract retainagc of fvc percent ( 5 %)withheld from every progress paymenq (e) Subtract the aggregate of previous payments made by the Owner; (f) Subtract the shortfall, if any, indicated by the Cons[mction Manager in die documentation required by Section ]. L4 to substantiate prior Applications for Payment, or resulting £coin errors subsequently dis red by the Gwner's auditors i such docmnenta[ion; and (g) Subtract amounts �iF any, For which fhe Areliimct has widdield or nulli tied a Certificate For Payment as provided in Section 9-5 of ASA Document A201 —201 �. .2 Upon substantial c npletion in an amount sufFc:ent to increase total payments to Conshvetion Manager io 95 % of the Contract Sum, including the payments to Construction Manager on account of the Construction Manager Feq less such amouuis as Owner may withhold in accordance with Article 9 of AIA Document A201-201 ]. § ].t.8 The Owner and Construction Manager shall agree upon a nmmalty acceptable procedure for review and approval of payments to Subconnactors, and the Constmction Manager shall execute subcontracts in accordance with those agreements. Payments to Subcontractors shnl I be subject to aatainage of not bas than ten pervmrt (1 O° u). line. n•.v a t°s°. ana -nln cem.a°I o°°°,..°mr ..°.ee�a1°.aa o-am,..a,xa ana ...av �°I °a Yaea wnnoYr aar,niaal.,n. mma �4 16:04:66 ET °n 1 n/O>/2020 Yntlar O,tlar N°.9t93a3>1 ]] wnl°M1 axpiaea on 09/29/2021. Is na[ Icr rasel¢. la Ilceneatl Ioa tissa>eawrl § ]A.g.7 Upon satisFactory c mpletion and a ceptance o£the Following portions of the Work, full retainage will be mleased to the Subcontractors performing the following Work: Demolition Earthwork Utilities Shoring Reber Car Concrete Foundations Prc-Cast Concrete Masonry Strvcmral Ste¢I § 7.7.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which haw not been delivered end stored at the site. § 7A.79 In taking action on the Construction Manager's Applications for Payment, the Architect shall be eniided io rely on the a curacy and completeness of the information fbrnished by the Constmction Manager and shall not be deemed to represent [hat the Architect ltas made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1 .4 or other supporting. data; that the Architect has mad¢ exhaustive or continuous o -site inspections; m� that [he Architect has made a nations to ascertain how or for what purposes the Construction Manager has used amoums previously paid on account of the Contract. Such a nations, audits and verifications, ifrequired by the Owner, will be perf mad by qualified auditors who ere mutually acceptable to dte Owner and Contractor, but acting in the sole interest of the Owner, § 7.2 Plnal Peymant § ].2A Final paymmq constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .7 the Construction Manager has fially performed the Conn'act except for the Constmction Manager's responsibility to con�ect Work as provided in Section ] 2.22 of AIA Document A201 —2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate Eor Payment has been issued by the Architect. The Owner's final payment to ttre Construction Manager sball be mad¢ no later then 30 days after the issuance of the Architect's final Certificate { r Payment. § 7.2.2 The Ow auditors will review and report in writing on the Consuvction Manager's final a unting within 30 days after delivery of the final accounting m the Arohitect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final a unting, and provided the other conditions of Section 7.2.1 have been meq the Architect will, within seven days after receipt of the rittcn report of [he Owner's auditors, either issue m the Owner a final Certi/.9cace for Payment with a copy to the Construction Manager, o notify the Consuvction Manager and Owner in citing of the Architect's reasons for withholding a certi Ficam as provided in Section 9.5.1 of the AiA Document A201 —2017. The time periods stated in this Section supersede rhos¢ stated in Section 9.4.1 of [he AIA Document A201 —2017. The Architect is not responsible for verifying the accuracy of the Construction Manages-'s final accounting. Work Htat is subject to a lump sum price shall not be subject to audit except for the percentage oEwork actually completed versus the amount billed toward the lump sum price. Agreed upon rates which form the basis of the Cost of the Work shell not be subject co audit. § 7.2.3 If [he Owner's auditw-s report dte Coat of the Work as substantiated by the Construction Manager's final unting to be less than claimed by [he Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2017. A request for mediation shall be made by the Construction Manager within 30 days aRer the Constmction Manager's receipt of a copy of Hte Architect's final Certificate for Payment Failure m r¢queat mediation within this 30-day tnit 'Amenwn Inelitura o1 An'larecr4'•'Algf Iha•gIA Lomc aura ...op npna v Gov �, ram ono auun oy � na rmancan manmae or nrcnnacm. Hn n9nre re¢ervea. � na go, and'AIA Conbad Oocumenla' aka re8lataratl Iratlama,ka and may nd ba uSaG wNhoul permlaelan. TM1I® •I S r W -gma u¢a ooly.a nO may onlyaba ueetl In aacnManca w11M1 Iha qlq Conl act nocurmenlem Ta?ma of Selrvlrae%Tba eon OH/2 g/2021, la not br m¢eM, la Ilcaneetl (or one pnrt wpyrlgbt vlolallona. a -mall ('1899)g2B]7) period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Constriction Manager the amount certified in the Architect's f nal CertiFwte for Payment. (Pm�agr'uph deleted) ARTICLE 8 INSURANCE AND BONDS For all phases of [be Projecq the Constmction Manager and [he Owner shall purchase and maintain insurance, antl the Construction Manager shall provide bonds as sec forth in (Pm�agruphs deleted] Exhibit B. rr bra deleted) ARTICLE 9 DISPUTE RESOLUTION § eA Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions sei Eorth in dris Article 9 and Article 15 o£A201-201]. § 9.2 For any Claim subject to, bnt not resolved by mediation pursuant m Section 35.3 of AIA Document A201-20 t ], tlm method of binding dispute resolution shall be as follows: (Check the appropriate box. ljthe Oaee¢r and Co»rrrucrion Manager do not select u nm[hod of"btndbtg dispute solution Galow, or do not subsegerendy agree in wririroK ro a binding dispute resalutio/t method other than litigation. Claims miP be resolved by /itigniion i» o cow-r lco».pe/e^rjurise/fiction.) [ ] Arbitration pursuant to Section 15.4 of AlA Document A201-201 ] [ X ] Litigation in Weld County District Court. [ ] Other. (Sp¢cifyJ None. in the event either party by this Contract commences a legal proceeding against the other to enforce or interpret this Agreemev[, Urea the prevailing party shall be awarded its attorneys' fees and costs. (Potagrnphs de/¢tedJ ARTICLE t0 TERMINATION OR SUSPENSION § tO.t Termination Prior to Execution of the Guaranteed Maximum Pr[ca Amendment § tOA.1 Pri r to the execacion of the Guaraneed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' wri tt¢n notice to ehe Construction Maoager for the Owner's convenience and without cause, and the Consnvction Manager may tet-Ininate this Agrroemenq upon not less than seven days' written notice to the Owncq for the reasons set forth in Section 14.1.1 0£ A20 i-20 V. § '10.7.2 [n the event of tcnnination of this Agreement pursuant to Section IO.1.1, the Construction Manager shall be mpensated Por any Preconstntotion Phases s performed under the executed preconstructiou agreement dated 8/1]/l9, and in accordance with such agreement1Ce (Pm�agrnphs deleted) § '10.2 Termination Subsequent to Executing Guaranteed Maximum Price Amendment Following execution of the Guaranteed Maximum Price Amendment end subject to the provisions of Section IO2. i and 10.2.2 below, [he Contract may be terminated as. provided in Article 14 of ATA Document A201-201 ]. (Parags-aphs deleted) § 70.33uspension The Work tray be suspended by the Owner as provided in Article 14 of AlA Document A201-201']. [n such case, the Guaranteed Maxianum Price and Contract Time shall be in sad as provided in Section 14.3.2 of AIA Document A201-2019, except that the term •'proRt" shall be underswod to mean the Consn-rrction Manager's Fee as describetl in Sections 5.1 and 5.3.5 of this Agreement. Intt .......o.:.....a..........-a....ap......a..Y...�..........-�......r....rr.a...,�.ve..�..,...e..,.�...,..,.,...ef....e.._e....._..._,.._..,. _..�_._.._. ..a..._•___..__. ..._ 'American Imtilute oI ArcMlacts."AIA." IM1a AIA Logo. and'AIA Conlrect Documents' a2 •a8lela•atl lratlamahs antl may not ba used wllM1out permission. TM1Is .t 6 tlocumant was p•otlucetl by AIA soaware er 16IDa:46 ET on 19/O]/2020 antler OrCer No.814332y13y wMcb axpbaa on OB/28/202L Is nd lot resale, Ia Ilcanead tar / a -lima use only, antl may only ba uaetl in eccoMenca witb Iba AIA Conirael Doamenls® Tetme of SaMca. Ta report copyrlgbl vlalallona, a -mall ooPYrl9ar�ais.or9� near Notet: (1999T82979) ARTICLE 11 MISCELLANEOUS PROVISIONS § NA Terms in this Agreement shall have [tic same meaning as those in A201-20 V. § 11.20wnership and Use of Documents Section LS of A201-2019 shall apply to the Constivction Phase. $ 11.3 Governing Law Section 13.1 of A201-20 V shall apply to die Constmction Phase. § 11.4 Assignment The Owner antl Constmction Manageq respectively, bind themselves, their agatts, s signs and legal representadves to this Agre ens Neither die Owner nor [he Construction Manager shall assign dtis Agreement without [he written consent o£the other, except [hat the Owner may assign [his Agreement [o a Icndcr providing fins ng for the Project if the Icndcr agrees to a c the Owner's rights and obligations under this Agreement. Except as provided in Section 132.2 of A201 -201 �, neither party to the Contract shall assign the Contract as a whole wid�out written consent of the other. If either party attempts to make such a assignment without such consent, that party shall nevertheless remain legally responsible For all obligations under the Convect. § 11.5 ConMsctor's AepresentaHona [n oMer to induce Owner to toter into this Agreement, Construction Manager makes the following. representations: (Pmngraphs d¢fer¢d) § 1 t.5.1 Constmc<ion Manager is aware of [he general nanire ofwork to be performed by Ow and odre at dac site that relates m the Work as indicated in the Contract Documents. Construction Manager has Familiarized itself with the general nature and extent of the Contract Documents, Work, site, locality, all local conditions that i any m may affect cosq progress, performance, or famishing of the Work. it is also understood that the Architect of record has mplemmted and ivcotporated into [he construction Documents all applicable codes, laws, existing conditions, factors, efe. that are applicable to the project. § 11.5.2 Constivction Manager hxs reviewed all reports of explorations and test of subsurface conditions at or ontiguous to the site and all drawings ofphysical conditions in or relating to existing surface or subsurface snvctures a[ or contiguous to the site (except underground f ilities) that have been utilized by Architect in preparing the Contract Documents, and a cepts the general accuracy of the technical data contained in such [reports and drawings upon which Construction Manager is entitled io rely. . $ I1.5.3 Coriatruction Mataager has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such additional supplemmtaiy examinations, invcs[igations, explorations, tests, reports, and studies and date which pertain to the subsurface or physical conditions ai or contiguous to the site or otherwise may affect [he cost, progress, perfovmance or furnislviog of the Worh and which relate to any aspect of the means, methods, tadmignes, sequences and procedures of construction to be employed by Construction Manager and saf ty precautions and programs incident therein. § t LS_4 Construction Manager has reviewed and checked all information and data shown or indicated on the Contract Documents with respect toe fisting undcrgivund facilities at or contiguous to the site and assumes responsibiliry For accuratcty locating said underground facilities as required by Colorado taw. $ 11.6 Compliance with laws and immigration status obligations. §11.61 Construction Manager shell give all notices end comply with all Laws and Regidations applicable to fivnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monimring Construction Manager's compliance with any Laws or Regulations. § 11.6.2 Construction Manager certifies, through signature of its authorized representative executing this Agreemenq inn. .-.....,-__..._...... __-____,._...._..r .,._._..._-____................_._e.._...,_�....__.,__,...�--...�..__.....a...__._..__...___. _... ..n..._.___..__. ..._ "Amarlrsn In¢Iituta or Atcbltec[a: "AIA.' IFa AIA Logo. antl "AIA ConaaU nocumanla' era ,agisia,atl iratlama,ka antl may no[ ba used wl[M1oul pa,mlaeiun. Talc .1 i e�Ama use only.e nO may onlyabe usatl In asccc/darmaT calla �aa AIA CMi� Oacuman� ea Ta Zma of Selry caT Deport copytlgM1[iNol®Ilonar a -mail to Iloenoe[I fcr copytlgM({Qala.org. Veer Notae: (1998]92B]]J that it does not knowingly employ or conn-act with an illegal alien who will perform work under the pssblic eonnnet for services and that ffie Contracmr will participate in the Uniced Stales Govalnmcnt's E-Verify Program or the State of Colorado Department of Labor and Employment Program (^Department Progmm") i order to covfinn the employment eligibility of all employees who are newly hired for emptoyntemt ro perform work huder the public contract for services. § 11.63 Conshvction Manager afiall not .1 Knowingly employ or cpmrxct with an illegal alien to petTonn work under dtis Agreemenh or .2 Eater into ontract with a subcontracror that fails to rortiry to the contractor drat die subcontractor sl all not knowingly employ or contract with an illegal alien to perform work under the public contract for services. § 11.6.4 Constmctiou Manager shall affirm as required by C.R.S. § 8-17.5-102 (c) (]p, xs may be amendetl, dte mploymeut eligibility of all employees whoa wly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or [he Department Progmm. § 11.6.5 Construction Manager is prohibited From using the E-Verify Program or Department Program procedwres to undertake pre -employment screening of job applicants while the public connect for services is being performed. §31.6.6 I{ Construction Manager obtains actual knowledge tltat a subcontractor performing work under rho public contract £or services knowingly employs or contracts with an illegal alien, Constmction Manager shall be required to: .1 Notify the subcontractor and the Owner within three days that the Constnmtion Manager has actual knowledge that the subcontractor is mnploying or contracting with an illegal alien; and 2 Terminate the subcontract witlt dte subcontractor if within du�ec days of receiving the entice required pursuant to sub -subparagraph 13.6(a) required the subcontractor does not stop employing ontracting with the illegal alien; a cep[ that the Conshvction Manager shall not terminate the contract with the subcontracror if riming such three days the subepntrector provides information to establish that the subcontractor has Ito[ knowingly employed or contracmd wit t an illegal alien. § t1.69 Construction Manager afiall c mply with all roles and regulations and any reasonabb request by [fie State Department of Labor and Employment made in the course of [he Department's pert nnauce of its lawRal duties pursuant to C.R.S. 8-17.5-101 et seq., as may be amended. § 11.6.9 If Constmcdon Manager violates any of the provisions set forth in this section, the Owner may tenninaro the Agreement and Construction Manager shall be liable for all actual and consequential damages incwTed by flue Owner. § tt.7 Odter provisions: § tt.7A Conshvction Manager is responsible only for consnuction of the Project accm�ding to the Contract Documents. Construction Manager is not a licensed design professional and has no professional qualiRcabions in rehitec[ure. structural, mechanical, electrical, civil or acoustical engineering. Any value engineering endations or alternate m¢teri¢1 suggestions by Construction Manager are subject to prior approval and acceptance by Owner and Architect. § tt.7.2 Owner acknowledges drat soil m ent beneath the building improvements may cause damage to the stmcharo. There a rious ways of conshTrction improvements on soils that move that can help reduce this risk of damage. It is consnuction Manager's and Architect's responsibility to review with Owner tine Soils Report and to assist Owner in becoming in£omted of various medtotls o£constmction end risk of damage dne ro soil movement fated with the various methods. It is Owner's responsibility to derermiue which method of conshvcting the Hmprovements that Owner desires [o employ and how much risk Owner is willing ro accept. Owner acknowledges that 1n1L AIA poeumant At3]"-2000 (brmarly Al2t "`GMe— 200]). CopyrlgFt ®t90t. 2003 ane 2009 by TM1a Amencen Inetllula of ArMllactn. A11 agxla roarvatl. TM1a "Ama,icen Inwrilule of Amailacla,' "AIA: the AIA Lago, antl'AIA Con4¢n1 nocumems' ara reglsbrae tretleme,ka antl may nol ba usetl wllM1oul pe,mission. This .f B f tlacu lure uoa onity O nO roan onl Ivobe ueeO In eccorG nee with tOha AIA C oast[ pocurmenleaaTe?ma of Sairy ca XTo reoon coovrr2iaar vlolallanter a -me 's Ilcsnead for (tgOB>020]>j it may not be possible to totally eliminate the risk of soil movement and damage to.the building improvements. Provided that Constmction Manager conahvcts the Project in accordance wi<h the: Contract Oocuments, Owner may not make a claim against Constmction Manager with respect to damages fo the project caused by soil movement. § 1tJ.3 It is [he responsibility of the Owner to address all potential issues with adjoining Property owners such as party lines, zero lot lines, site drainage, etc. before [he commenc¢ment of conshvction. The Constmction Manager specifically excludes costa 1-esulting from issues with adjoining properties. § 11.7.4 In the event the base price of essential construction materials to the Project at the time or date of installation (or purchase by the Contractor) increases by more than I O % of [he Producer Price Index for construction materials and components, Series ID Number WPUFD432, published by the U.S. Bureau of Labor Statistics in effect for [he month in which [he material was installed or purchased, the Contract Sum shall be equitabiy adjusted to reflect such inereas¢. The Contractor's equitabl¢ adjustment shall be made by Change Order in accordance with the pa-ovisions of AIA Document A201-2017. An adjustment in the pricing for sprite -impacted material shall not include any amount for overhead and profit. The Contract Price shall not be adjusted by more than 25°/b of the original Contract Sum for the aggt-egate of the increases in base prices for any potentially price -impacted essential construction materials. § 11.Z5 The Owner and Construction Manager acknowledge and agree that the payments hereunder shall <onstimtc cuzrent expenditures of the Owner payable in the £scat years for which Ponder are appropriated for the payment thereof. The Owner's obligations under this Agreement shall be from year to year only end shall no[ conscimte a multiple -fiscal year direct or indiroct debt or odter financial obligation of the Owner, or an obligation of the 6a ner payable in any fiscal year beyond [he fiscal year for which Funds are appropriated For [he payment thereof, or payable From airy funds of the Owner other than funds appropriat¢d for the payment of cunnnt expenditures. No provision of this Agreement shall be consuved [o pledge or to create a lien on any class or somve of Owner monies, assets or properties ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement tvpresents the entire and integrated agreement bdweeat the Owner and the Constmction Manager and supersedes all prior vegotiacions, representetiovs or agreements, either written or oral. This Agreement may be amended only by written instmmmtt signed by bath Owner and Constmction Manager. § 12.2 The following docunen[s comprise th¢ Agreement: .t AIA Document A133-2009, Standard Form of Agreement Between Owner and Construction Manager as Constmctor where the basis o£ payment is the Cost of the Work Plus a Fee with a Guatanfeed Max m Pri .2 AIA [Document A20I-2017, General Conditions of the Contract fm� Construction (Parrttgrophs de/ered) .5 Other documents: (List wher documents. +linty. formhtg Part Sihe Agreement) Hxhibit A AIA Document A133-2009 GMP Amendment Exhibit B htsm-ancc and Bonds Exhibit C StandalYl Tool and Equipment Rental Pricing List Exhibit D Labor Rates Exhibit E Drawings � SpeciFcations Tndex Exhibit F GMP Estimate Exhibit G Alternates Exhibit H Construction Schedule Exhibit T Clarifications Exhibit 3 Subcontractor Bid Tab Summary Exhibit K Allowances InK. n allNte of Arcblteda. All rlpM1ls rea¢rva0. The ma ten may not be u¢etl wpbout parmlaelon. TFIs .19 b a:plras on n9/29/2921. la not tar naaale, le Ilcanaed br �w. To report capytlgM vlolallona, a -mall (1998]829]]) Init AIA Oocuman[ A10]" — 2008 (Io.matly A121 �"OMe — 2003). GopytlgM ®1981. 2003 antl 2009 by Tba Ametican lnalltute o! ArcM1lteat¢. All dgm¢ �averved. TM1a 'Amadcan In5111W¢ of Ambllccis: "PIA: [M1c AIA Lago, end "AIA Con Vacl Oocumenl¢' am roBlebied tradema�ka and may nM M1a uastl wllM1eul petmlasion. TM1Ia 2O dowmant was pwtlucetl by AIA adtwai¢ at 18:OH:45 ET on 10/O]/2020 under ONai No.9f4382]l39 wM1ICM1 axplrea on 08/29/2021. 1¢ not far m¢ele. l¢ Ilcen¢etl !w / one-time uea only, and may only ba used In eeco�danca w11M1 the AIA Con4ed Documents®Tmm¢ o/ 3ervlce. To �aport wpyrlgM1t vlolallona, a -mall (19899928T]) ='_''_= � Document A201°` — 2017 Genera/ Conditions of the Contracf for Construction for ih¢ fallowing PROJECT: (Nor»¢ and location or uddress9 Firestone Town Hall Addition � Remodel ISI Grant Ave. Firestone, CO 80520 THE OWNER: (Name, legal status and address) Firestone Town Hall I51 Grant Avc. Firestone, CO 80520 THE ARCHITECT: (Name. !¢gal.rtptur and ad�-¢ss) Halcyon Design LLC 83 [ O Colorado Blvd., Suite 650 Firestone. CO 80504 TABLE OF ARTICLES 'I GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 3UBCONTRACTOR3 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ] CHANGES IN THE WORK e TIME e PAYMENT3 AND COMPLETION t0 PROTECTION OF PERSONS AND PROPERTY t'I INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK '13 MISCELLANEOUS PROVISIONS ADDITIONS ANO DELETIONS: TFe autM1or of [bls Document bas aaaea mrormanon geeaea ror Its mplaticn. Tba au[Far may also M1eva raVlsatl [ba laM pf [M1a original AIA standartl form. An Adtl/floos and Oe/allons Report that notes atlOad infarmagon as wall as revlaions to the s[andartl form tax[ is available fmm the auUfor and shoub ba raylawatl. A vertical line in [ha 1®ft margin of [his tlocumant indlca[as where lha au[M1or has atlGatl necessary Information antl where the author has atltleO to or deleted tram Iha original AIA toil. ols tlocumant has Ig portent legal saquanaes. Con ultatlan with a a[[omay is encouraged with respect to hs comple[lon or modlFlcaticn. Far guldanna In motlifying This tlocumant [o include supplamanfary onmgons. see AIA Dpcumant A503"�, Gultla for Supplementary conaglon�. toll AIA Documan<A3Bta-30Y]. Copytl9ht®t9ll. l915. 1918. 1928,tB3]. 1BB1. tB58, 1961, t983. 198B.lBTO.IB]B, t98], 1f)B]. 208]and 2Bt]by The Amatleen InaBlula ofArcNteda. All a9hla :aaarvatl. Tha "American Institute cl AmMlactc: 'PIP: IM1e AIA Lago. •A201.^ and'AIA Contract �mumanta' afa .I / No.9t9382]l3] wM1 h e:rylmayonp09r29/2021�15 nott fc�aaaalla, la IlcaneeO far aloe-tlme uee anlyYentl may only belueaE n8 ccortle �e8wah2ha AIA Conlmct Uocumentae Terme o(Sanrca. To report copyrl9h[ vloletlona, a -mall copytlght�ale.org. Uaar Notaa: (l OB]BO]t]OJ 14 TERMINATION OR SUSPENSION OF THE CONTRACT 'IS CLAIMS ANO DISPUTES Init. a on�y. ana may To mpoH copp18M11 vlolagone, a mall capyngM1l�alaa�B� ('108]BW � ]O) INDEX (Topics antl numbers in bold are Section headings.) Acreptance of Nonconforming WorK 9.6.6, 9.9.3, 12.3 Acceptance of Wozk 9.6.6, 9.8.2, 9.93, 9.10.1, 9.10.3, 12.3 Aceess to Work 3,16, 6.2.1, 12.1 Accident Prevention l0 Acts and Omissions 3.2, 332, 3.12.8, 3.18, 42.3, 8.3.1, 9.S.1, i 0.2.5, 10.2.8, t3.3.2, 14.1, I5.1 .2, 15.2 Addenda 1.1.1 Additional Costs, Ciaims f 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inapectlana and Testing 9.4.2, 9.8.3, 12.2.1, 13,4 Additional Tim¢, Claims £or 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15,1,E Admivistratlon of the Contract 3.13, 4.2, 9.4, 9.5 Advercisemmt or Invitecion to Bitl 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 73.9, 9.2, 9,3, 9.4, 9.5.1 , 9.5.4, 9.6.3, 9J, 9.1 O Approvals 2.1.1,2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.101, 42.7, 9.3.2, 13.4.1 Arbltratlon 8.3. I , 15.3.2, 15,4 ARCHITECT 4 Arch/tec<, Definition of 4.11 Archilecq 13x[ent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 52, fi.3, ']. L2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.63, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, i 3.4.2, 14.2.2, 14.2.4, 15. I .4, 15.2.1 Architect Limitations of Authority and Responsibility 2.3.3,3.12.4,3.12.8,3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.Z 4.2.1 O, 42.12, 4.2.13, 52.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15. I .4, 15.2 Architect's Additional Smvices and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.13, 3.A4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1 3, 3.5, 3.10.2, 4.2.7 Arohitect's Authority to R ject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's CopYrighc 1.1.7, 1.5 Architect's Decisions 3.7.4, 42.6, 42J, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 63, 7.3.4, 7.3.9, 8.1.3, 8.3.i, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, t5.2 Ardritect's Inspections 3.7.4, 42.2, 42.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's instructions 3.2.4, 3.3.1 , 4.2.6, 4.2A, 13.4.2 Architect's Interpretations 4.2.I1, 4.2.12 Architect's Project Representative 4.2.1 O Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3,3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4. 3.Z5, 3.9.2, 3.93, 3.IQ 3.l I, 3.12, 3.16, 3.18, 4. L2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, A7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1.1 .2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 1 1 .3 Architect's Representations 9.4.2, 9.5.1, 9.1Q1 Architeci's Sice Visits 3.7.4, 4.2.2, 4.2.9. 9.42, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Cotrtmcts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portlons of the Work 5.2 Basic Definitions 1.1 Bidding Acquirements 1 .1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, IS.L2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 153.1, 15.32, I533, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.102. 9.103 Bonds, Performance, and Payment 7.3.4.4, 9.GJ, 9.103, 1J.1.2, I1.13, 11.5 Building Information Models Use and Reliance 1.8 Building Pemrit 3.7.t Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Init AIA necuman[ A3ato_ 2919. COPYn9ht®t91 t, 18i 3, t9'I B, 1925, t93 ], 186t. 1B68, t961 t963, 18BB.1W0.' prt,ancan In of Architects. All n nretl. Tba'gmnrbon InallW la o1 Arcaltacic: 'AIA: Iba AIA Logc.'A: / No1814332]t3] wMd, axpivas an 99/29/2021, la no! for rrelce1le. la kanmtl fo olnc�tlme u e onlyY nitl may only ba nocuman[sv Tarma ol5ervica. To report copyrl9ht vblaUone, n-mall capyagM�ale.orq. Vaar Neba: (l09]BB]1]O) C¢rHHcat¢s for Paym¢nt 4.2.1,4.2.5,4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, I S. L4 Cer[iFcates of btspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Chang! Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 52.3, 7.1.2, ].1.3, 7.2, ].3.2, ].3. ], ].3.9, 7.3. ] O, 8.3. 1, 9.3. 1.1, 9.t0.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES 1N THE WORK 2.2.2, 3.l 1, 4.2.8, 7, ]2.1, ]3.1, 7.4, 8.3.1, 93.1.1, I LS Claims, Definition of 15./.1 Claims, No<ic¢ of 1 .6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, ]3.9, 9.3.3, 9.10.4, 10.3.3, 15, I5.4 Claims and Timely Assertion of Claims 15.4.1 Claims Tor Additional Cos[ 3.2.4, 3.3.1, 3.].4, ].3.9, 9.5.2, 10.2.5, 30.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.R4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.E Conc¢a1¢d or Unknown Conditlons, Claims For 3.7.4 Claims for Oemages 3.2.4, 3.18, 83.3, 9.5.1, 9.6. ]. IO2.5, 10.3.3. 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Snbjcct to Arbitration 1 A4.1 CIlsning Up 3.15, 6.3 Conunencemmt of the Wark, Conditions Rclatiug to 2.2.1, 3.2.2, 3.4.1, 3.].1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1 .2, 8.2.2, 8.3.1 , 1 I . 1, 1 L 2, 15.1 .5 Commencement of [h! Worn, Definition of 9.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1 , 3. 11, 3. 15, 4.2.2, 4.2.9, 8.2, 9.42, 9.8, 9.9. I , 9.1 O, 12.2, 14.1 .2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10. 1, 4.2.9, 8.1.1, 8.13, 8.2.3, 9.42, 9.8; 9.9.1, 9.10.3, 12.2, 15.1.2 Complianc! with Laws 2.3.2. 3.2.3, 3.6. 3.], 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.42, 13.5, 14.L1, 14.2.1.3, 152.8, 15.4.2, 15.4.3 tme etw pooa,n.atwzot•-Foir�ee PvrtFnem iatiNis�s. vale. azs. >,asi Co cealed or Unknown Conditions 3 J.4, 42.8, 8.3.1, l03 Conditions of the Contract l.l.l, 6. Ll, 6.1.4 Consenq Written 3.4.2, 3. 14.2, 4.1 .2, 9.8.5, 9.9. I , 9. 10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or doind¢r IS_4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Consb-ucHon Change Oirec Hve, Definition of 7.3.1 Construction Change Dh-ectives L 1. I, 3.42, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.13. 7.3, 9.3.I.i Construction Schedules, Connector's 3.1 q 3. 1 1 , 3. 12.1 , 3.12.2, 6.1 .3, 15.1.6.2 Conting¢n[ Assignm¢nt of Subcontracts 5.4, 14.2.2.2 Continuing Contract P¢rformanc¢ 15.1.4 Contract, D¢finition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 1 LA t4 Contract Administration 3.1 .3, 4, 9.4, 9.5 Contract Awatd and Execution, Conditions Relating to 3 J.1, 310, 5.2, 6.l Contract Docwnents, Copies Furnished and Use of 1 .5.2, 2.3.6, 5.3 Contract Documents, Definition of l.l.l Contract Sum 2.2.2, 2.2.4, 3.]:4, 3.7.5, 3.8, 3.10.2, 5.2.3, ].3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1 .4, 9.6.], 9.], 10.3.2, 1 I .5, I2.1.2, 12.3, t4.2.4, 14.3.2, I5.1 .4.2, 15.1.5, 15_2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.3. 2.2.2, 3.7.4, 3.7.5, 3.102, 5.2.3, 6.1.5, 7.2.I3, 23J, ].3.5, ].3.6, 7, 7, ].3.1 O, ].4, 8.1 .1, 8.2.1, 8.2.3, 8.3.I, 9.5.1, 9.7. 10.3.2, 12.L1, 12.1 .2, 14.3.2, 15. I .4.2, I5. I .6.1 , 15.2.5 Contract T1me, Definition of 8.L1 CONTRACTOR 3 Conhaetor, Definition of 3.1, 6.1.2 Contractor's Constructton and Submittal Sehedul¢s 3.1 Q 3.12. i , 3.12.2, 4.2.3 , 6.1 .3 , 15.1.6.2 mar moo. oe a. e.n�.ee on oarzar. Service. To rct»rt (tn9960>190) Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, I L3, 14.1, 14.2.1.1 Contractor's Liability Inavranc¢ i 1.1 Contractor^s Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relatonship with Subcontractors L2.2, 2.2.4, 3.32, 3. I8.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect L1.2, 1.5,2.3.3,3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1,3.7.4,3.1Q 31I, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 102.6, ] 0.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractm"s Representations 3.2.3, 3.2.2, 3.5, 3.12.6, 62.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Thosc PmTor-ming the Work 3.3.2, 3.18, 5.3, 6.1.3, 62, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right [o Stop the Work 2.2.2, 9.7 Contractm's Right to Terminate the Contract 14.1 Contractor's Submittals 3.1 O, 3.11, 3.12, 4.2.7, 5.2.1, 5.23, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision end Construction Procedures 1.2.2,3.3,3.4,3.12.1g4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, t O, ] 2, 14, 15.1.4 Coordination and Correlation 1.2,3.2.1,33.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies FYunished of Drawings and Spcci£cations 1 .5, 2.3.6, 3.11 Copyrights 1 .5, 3.17 Correction of Work 2.5, 3.7.3, 9,4.2, 9.8.2, 9.6.3, 9.9.1, ] 2.1.2, 122, 12.3, 15.1.3.1, 15.13.2, I52.1 Correlation and Intent oP the Con[rac[ Documents 12 Coat, Definition of 7.3.4 Costa 2.5, 32.4, 3.73, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.4, 9.102, 10.3.2, 10.3.6, 1 1.2, 12.12, 122.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Constmetion of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, ]0.2.5, 10.4, 122.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 102.5, 10.4, 12.2.4 Damages, Ciaints for 3.2.4, 3.1 B, 6.1 .1. 8.3.3, 9.5.1, 9.6.7, 1033, 1 1.3.2, 11 .3, I42.4, l5. L7 Damages For Delay 6.2.3, 83.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date oP Commencement of th¢ WorK, Definition of 8.1 .2 Date of Substan Hal Completion, Definition of 81.3 Day, Def rrition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 42.7, 4.2.1 1, 4.2.12, 4.2.13, 6.3, '1.3.4, 7.3.9, 8.1 .3, 83.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, I5.1, 15.2 Decisions [o Withhold CerHftcat/on 9.4.1, 9.5, 9.7, 14. 1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 42.6, 6.23, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions I.1, 2.1.1, 3.1.1, 3.5, 3.t2. t, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1 .2, 7.2.1, 7.3.i, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Tim¢ 3.2,3.7.4,5.2.3, 7.2.I, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.32, 30.4, 14.3. Z, 15.L6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Sampl¢a st th¢ SI[e 3.11 Drawings, Definition of 1.L5 Drawings and Specifications, Use end Ownership of 3.11 EtFective Date of Insurance 8.2.2 Emergenci¢e 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1. L6, 3.4, 3.5, 3.6.2, 3.83, 3.12, 3.13, 3.15. 1, 42.6, 4.2.7, 52.1, 6.2.1, 73.4, 9.3.2, 9.3.3, 9.5.1 .3, 9.10.2, 10.2.1, 10.2.4, 14.2.1 .1, 14.2.L2 Execution and Progress of [he Work 1.L3, 1.2.1, ].2.2, 23.4, 23.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.IQl,3.12,3.14, 4.2, 6.2.2, 21.3, 7.3.6,81, 9.5.t, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, ]4.3.1, I5.1 .4 IOIL :IA nocumant A2B1�-A 01 T. G�PYr1AM0t911 NtBA6. ts8t0. 1820. tB3T. tB5Qt. F8sB-186�Qt963, 13T wM1IGr azplrea tln� Tame al5ervlca. To ®a p�atluc®tl by AIP a -lima uaa only, entl ItOBT00TtT0) Extensions of Time 3.24,3.9.4, 5.2.3, 0.2.1, 0.3, 7.4, 9.5.1, 9.9, 10.3.2, 10.4, 14.3, 35.1.6, 15.2.5 Failure o£ Payment 9.5.1 .3, 9.9, 9.10.2, 13.5, 14.1. 1.3, 14.2. 1.2 Faulty WorK (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.22, 14.1.1.4 GENERAL PROV15iON5 1 Governing Law 13.1 Gua an[ees (Sec Warranty) Hazardous Materials and Su bstanc¢a 10.2.4, 10.3 identification of Subcontractors end Suppliers 5.2.1 lnd¢mniflca[ion 3.19, 3.18, 9.6.8, 9.10.2, 10.33, 1 13 InformaHan and SerWces Required of the Own¢r 2.1 .2, 2.2, 23, 3.2.2, 3.12.10.1, 6.13, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, I1.2, 13.4.1, 13.4.2, 14.1.1.4, I4.I .4, 15.1.4 InIHv1 D¢ciaicn 15_2 initial Decision Maker, DeOnlHon o£ 1.1.8 Initial Decision Maker, Decisions t4.2.4, 15.1.4.2, I5.2.1, 15.2.2, 35.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.I, 15.2.2, 15.2.3, 15.2.4, 15.2.5 inJury or Damag¢ to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.']. 1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.83, 9.9.2, 9.10.1, 12.2.1, 13.4 htatmetions to Bidders LLI Instructions to the Connector 3.2.4, 3.3.1, 3.8.1, 5.2. 1, '], 8.2.2, 12, 13.4.2 Instrum¢nta of Service, DeFnition of 1.1.'/ ❑tsvrance 6.1.1,0.3.4,8.2.2,9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.25,f1 Insurancq Notice of Cancellation m- Expiration 11.1.4, IL2.3 lnsuranc¢, Contractor's Liability il.i insutancq Eft dive Dace of 8.2.2, 14.4.2 lnsw�an¢e, Own¢r'a Liability 11.2 Insurance, Property 10.2_5, 1 I.2, 11.4, 11.5 tnit AlA nocumant A3alm-aB'IT. CopytlgM1l®iB'I t. 1915. 19tt Amaticen Inatltuta of AmM1I[acts. All dg6[s reaarvatl. Tba'Am, reyiataratl tra0amarha antl may not ba ua¢tl wllM1oul pa,misaL / No.914362T13T wFl 3, a:pifas on 09/28/203L Is nd lw rosel nocumants^ Tarma of Sarvica. To sport copNlgM1t Noletlona. fleet Nobs: Tnsurance, Stomd Materials 9.32 INSURANCE AND BONDS it Itsurance Companies, Consent to Partial Occupancy 9.9.1 Tnsured loss. Adjuatmwt and Settlement o£ 11.5 Intent of the Contract Documents I .2.1, 4.2. �, 4.2.12, 4.2.13 [nterest / 3.5 Interpretation 1. L8, L2.3, 1.4, 4. 1.1, S.l, 6. L2, 15.1.1 Intetyretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor sod Materials, Equipment 1.1.3, 1.1.6, 3_4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.I, 9.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2. 1, 30.2.4, 14.2.1 .1, 14.2.1.2 Labor Disputes 8.3.1 Laws end Regulations L5, 23.2, 3.2.3, 3.2.4, 3.6. 3.9, 3. 12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 133.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2,9.3.1, 9.3.3. 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.22, 3.5, 3. 12. I D, 3.12.1 O. 1, 3.1'], 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.'], 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, I3.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.1 Q 3.1 I, 3.12.5, 3.I5. I, 4.2.9, 52, 53, 5.4.1. 6.2.4, '].3, 9.4, 8.2, 9.2, 93.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.'J, 9.6, 9.9, 9.1 O, 12.2, 13.4, 14, I5, 15.1 .2, I5.1 .3, I5.1.5 Matertals, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1. 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.I5. 1, 5.2. I , 6.2.1, 7.3:4, 9.3 2, 9.3.3, 9.5. 1.3, 9.10.2, 10.2.1 .2, I0.2.4, 14.2.1 .1, 14.2. 1 .2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.3, 3.12.10, 4.2.2, 4.2.T, 9.4.2 Mechanic's Lien 2. L2, 9.3.1, 9,3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 M¢aianon 83.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.I Minor Changes to the WorK i .1 . 1, 3.4.2, 3. 12.8, 4.2.8, '/. I , '/.4 "AIA: tM1e AIA Logo.'A201,' antl'AIH Con4acl Documents' are ,Oucetl Gy AIA aaTvaro at 1T:36:36 ET on '1O/OB/2020 untlar Ortlar uea only, antl may only be used In accortlanco wiM tM1e AIA Conhact {'IOBi90TtT0) MiSCELLANE0U5 PROVISIONS 13 Modifications, D¢finition of 1.1.1 Modifications to the Contract l.l.l, 1.1.2, 2.5, 3.I 1, 4.12, 42.1, 5.2.3, 7, 8.3.1, 9. ], 103.2 Mutual Responsibility 6.2 Nonconforming Worn, Acceptance of 9.6.6, 9.9.3, 123 Nonconforming Work, R jection and Connection of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9. 10.4, 122 Notice 1.6, L6.1, 1.6.2, 2.1.2, 22.2., 22.3, 2.2.4, 2.5, 32.4, 3.3.1, 3.24, 3.].5, 3.9.2, 3.12.9, 3.12.1 O, 5.2.1, ].4, 8.2.2 9.6.8, 9J, 9.10.1, 10.2.8, 10.32, 11.5, 12.2.2.1, 13.4. 1, t3.4.2, 14.1, 14.2.2, 14.4.2, 15.13, 15.1.5, 15.1.6, I5.4.1 Notice of CanceOatiou or Expiration of Insurance t 1.1 .4, t t.2.3 Notice of Claims 1 .6.2, 2.1.2, 3.].4, A6.8, 10.2.8, 15. L3, I5. L5, 15.1 .6, 15.2.8, I5.32, 15.4.1 Notice of Testing and inspections 13.4. t, L3.4.2 Observations, COntrac[or's 3.2, 3.].4 Occupancy 23.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, t2.1, 12.2.2. 1, 13.4.2, 14.3.1 OWNER 2 Owneq DeFnition of 2.1.1 Owner, Evidevice of Financial Arrangements 2.2, 13.2.2, 14.1 .1 .4 Owner, information and Services Required of th¢ 2.1 .2, 2.2, 2.3, 3.2.2, 3.12.1 O, 6.1.3, 6.1 .4, 6.2.6, 93.2, 9.6.1, 9.6.4, 9.92, 9.10.3, 10.3.3, I l2, 13.4.1, 13.42, 14.1. L4, I4.1.4, 15.1.4 Owner's Authority 1.5,2.1.1,2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2,4.2.4,4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 63, 7.2.I, ].3.1, 8.2.2, 8.3.1, 9.3.2, 9 3.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, I1.5, I2.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Own is Insurance /12 e Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4. 9.6.4, R 10.2, 14.2.2 Owner's Right tD Carry Out th¢ Work 2.5, 142.2 Owner's Right [o Clean Up 6.3 Owner's Right [o P¢rform Construction and to Award Separaf¢ Contracts 61 Owner's Right to Stop the Work 2.4 Owner's tight to Suspend the Work 14.3 Owner's Aight to Terminate the Contract 14.2, 14.4 Own¢rship and Use of Drawings, Specifications and Other Instruments oP Service 1.1.1, 1.1.6, 1.1 A, 1.5, 2.3.6, 321, 3.I 1, 3.17, 4.2.12, 6.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Pa[en[s 3.17 Payment, Applications For 42.5, ].3.9, 92, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.I0.1, 14.2.3, 14.2.4, 14.4.3 Paym¢nq C¢rHflcat¢a for 4.2.5,4.2.9,9.3.3, 9.4, 9.5, 9.6.1, 9.6.Q 9J, 9.lO.l, 9.10.3, I4.L1.3, 14.2.4 Payment, Failure of 9.5.1 .3, 99, 9.10.2, 13.5, 14.1.1 .3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9d0, 12.3, 14.2.4, 14.4.3 Payment Bond, P¢rformance Bond and ]3.4.4, 9.6.T, 9.10.3, 1L1.2 Paymnn ts, Progress 9.3, 9-6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subconttactors 5.42, 9.5.t.3, 9.62, 9.63, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performanc¢ Bond and Payment Bond ]9.4.4, 9.6J, 9103, 111.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, ].3.4.4, t0.2.2 PERSONS AND PROPERTY, PROTECTION OF l0 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.] Progress and Completion 4.2.2, 8.2, 9.6, 9.9.1, 14.1.4, I5.1 .4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3. 1 5.1.4 Init AIA Ooeumant A2D1m_201 T. CapyBgM1[®iBtL t916, 19t8. t826.183], t96t. 1B68, t98t, 1983. t988.tB]0. 19T6, t96 T. 109T. 200T antl 201]by TM1a Ameflcen InallWla oI NCM1Neda. All ,IgMs reaarvaE. Tha'Ame,icen Ina111uta of Amhitecls: "AIA: the AIA Logo. 'A3e 1." and'AIA Con4acl Oocumanta' a,a ,egisleretl 4adamarks and mey not be usatl wllM1oul permission. Thla document was protluced by PIA aothxata a[ 1T:36:36 ET on 10/OB/2020 untlac OMat / No.9t 9362Tt3T wM1ICM1 expNas on 09/29/202t, la nol (or resale, la licensed (ot ane-lime use only. anG may only be used In aecartlanee wtlb IM1a AIA Conl,a et Uowmanlse Tetms of Sarvlca. To [sport copNl9M1t vlalaliw a, a -mall mpyrigM1[�ale.og. V mer Notes: (t09JHOTt]O) Proj¢cq Definition of 1.1.4 Project Aepresenfatives 4.2.1 O Propertylnsuranc¢ 10.2.5, 1 L2 Proposal Requirem¢nts l.l.l PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5,2.3.2,3.2.3,3.6, 3.], 3.I2.IQ 3.13, 9.6.4, 9.9.1, 102.2, 13.1, 13.3, 13.4.1, 13.4.2, I3.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.I Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1,3.5,3.12.6, 8.2.1, 933, 9.4.2, 9.5.1, 9.10.1 Representatives 2.L1, 3.1.1, 3.9, 4.1.1, 4.2.10, 132.1 Responsibility for Tlvose Performing the Work 33.2, 3.18, 4.2.2, 4.23, 5.3, 6.1.3, 6.2, 63, 9.5.1, 1 O Reteinage 93.1, 9.6.2, 9.8.5, 9.9.1 , 9.1 O.2, 9.10.3 Review o! Contract Documents and FIeId Canditiona by Contractor 3.2, 3.12.], 6.1.3 Rwiew of Conhacmr's Submittals by Owner and Architect 3.10. 1, 3.10.2, 3.1 1, 3.12, 4.2, 5.2, G.I .3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and R¢medi¢s 1.1.2, 2.4, 2.5, 3.5, 3.].4, 3.152, 4.2.6, 5.3, 5.4, G. i, 6.3, ].3.1, 8.3, 9.5.1, 9. ], tO.ZS, 10.3, 12.2.], 12.22, 12.2.4, 13.3, 34, 15.4 Royalti¢a, Patents and CopyrlgMs 3.1 ] Rules and Notices for Arbitration 15.4.1 Safety of P¢rsons and Prop¢rty 302, 10.4 Safely Precautions and Programs 3.3.1, 4.22, 4.2.], 5.3, 10.1, 10.2, 10.4 Samples, Definition o£ 3.12.3 Savtples, Shop Drawings, Product Data and 3.11, 3_12, 4.2.] Samples et the Slte, Documents and 3.t1 Schedule of Values 9.2, 9.3.t Schedules, Construction 3.1 O, 3.12.1, 3.12.2, 6.1.3, I5. L6.2 Separate Contracts and Contractors 1.1.4,3.12.5, 3.I4.2, 4.2.4, 4.2. ], 6, 8.3.1, 12.1 .2 Separate Contractors, D¢Pnition of 6.1.1 Shop Drawings, Definition of 3A 2.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.] Site, Use of 313, 6.1.1, 62.I Site Inspections 3.22, 3.3.3, 3.R 1 , 3.].4, 4.2, 9.9.2, 9.4.2, 9. 10.1, 13.4 Site Visits, Archit¢cPs 3.].4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and T¢sting 4.2.6, t2.2. 1, 13.4 Speclfics[lona, Definition of /.1.6 Specifications 1.1 . i , 1.1.6, 1.2.2, 1.5, 3.12. t O, 3.1 ]. 4.2.14 Sruuie o£Limitations I5. L2, I5.4.1.t Stopping due Work 22.2, 2.4, 9J, 10.3, 14.1 Stored Materiels 62.1, 9.3.2, 102.12. 10.2.4 Subcontractor, DeEavition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1 .2.2, 3.3.2, 3. t 2.1. 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2. 9.6.] 3ubcontractval R¢lations 5.3, 5.4, 9.3. L2, 9.6, 9.1 O, 10.2.1, 14.1, 14.2. I Submittals 3.1 O, 3.11. 3. 12, 4.2.], 5.2.1, 5.2.3, ].3.4, 9.2, 9.3, 9.8, 9.9. 1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.] Subrogation, Waivers of G.1.1, 11.3 Subatancea, Hazardous 30.3 Substantial Completion 4.2.9, 8.1. I , 8. I .3, 8.23, 9.4.2, 9.8, 9.9. I , 9. 10.3, 12.2, 15.1.2 Substantial Completion. Definition of 9.8.1 Snbstimfion of Subcoutracmrs 5.2.3, 5.2.4 Subs[i lotion of Architect 2.3.3 Substi[uiions of Materials 3.4.2, 3.5, ].3.8 Sub -subcontractor, Definition of 5.1.2 Init AmetlUn InallW to of Aeehllae[e. All r18„la reaa,vatl. Tha'Pmarlcan Inalllule of Mehlleels: �'AIA. Iha PIA Logo. •A: / No.8a1688Z]137 uvFacb a:pl ae on ee/28/202�iM. Is nuIX fo rr rep sal¢ Is Ilcansatl !o, onaelima ma onlyY n1O may only be Oocument¢a Trma of aervica. To raoort coWrinhl vlolationa. e-mail conY4aM�els.orC. Ueer Notsa: (108T80T'I]O) Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.26 Sapervsion and Construction Procedures 1 .2.2, 3.3, 3.4, 3.12. 1 O, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.13, 7.3.4, 82, 8.3.1, 9.4.2, lQ l2, 14, I51.4 Suppli¢rs 1.5, 3.12. 1, 4.2.4, 42.6, 52. (, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1 .2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 1 L L2, I4.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspensfon by the Owner for Conyeni¢nce 14.3 Suspension o{[he Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.L1, 14 Tax 3.6, 3.8.2.1, 7.3.4.4 Termination by th¢ Contractor 14.1, 15.1 .'] Termtnation by [he Owner £or Caus¢ 5.4.1.1, 14.2, IS.IJ Termination by th¢ Owner for Conv¢ntenc¢ 14.4 Termination of the Architect 2.3.3 Termination ofihe Conhactor Hmployment 14.2.2 TERMINAT[ON OR SUSPENSION OF THE CONTRACT 14 Testa and Inspections 3.1.3, 3.33, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 103.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2. t , 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, I5.1 .6, 15.2.5 Time Limits 2.1.2,2.2,2.5,3.2.2, 3.10, 3.1 I, 3.12,5, 3.15.1, 4.2, 52, 5.3, 5.4, 62.4, 73, Z4, 82, 9.2, 93.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9. t O, 12.2, 13.4, 14, I5. 1.2, 15. 1.3, I5.4 Time Limf[s on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title m Work 9.3.2, 9.33 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3 J.4, 53.1, ]0.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Valu¢s, Sch¢dvl¢ of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by th¢ Owner 9.9.3, 9.103, 9.10.4, 12.22.1 , 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Lims 9.3, 9.102, A 10.4 Waivers of Subrogation 6.I.i, /1.3 warranty 3.5, 4.2.9, 93.3, 9.8.4, 9.9.1, 9.30.2, 9.10.4, 12.2.2, I S.L2 Weather Delays 8.3, 15.1 .6.2 Worn, Definition of 1.1.3 Written Consent 1.5.2, 3.42, 3.7.4, 3.12.8, 3.142, 4.1.2, 9.3.2, 9.iD3, 13.2, 13.3.2, 15.4.4.2 Written interpmtations 4.2.1 1, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.22, 12.1, 12.2, 13.42, 14.3.1 Init. itoarsortro) ARTICLE t GENERAL PROVISIONS § 1.t Basic DeTinitlons § 1A.t The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contavctor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Dmwings, Specifications, Addentla issued prior w execmion of the Contmcg other documents listed in the Agreemenq and Modi£cations is ued otter execution of the Contract. A ModiFcatiou is (1) a written amendment to the Contract signed by both parties, (2) a Change Ordeq (3) a Consh-rrction Change Directive, or (4) a written order for a minor change in the Work issued by the Archicect. IInless specifically enumerated in the Agreetnenq the Contract Doc ants do not include fhe advertisement or invitation to bid, inatmctions to Bidders, s nple forms, ocher infon anon f rrnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § t.t.2 The Contract The Contract Documents thou the Contract for Consuvction. The Convect represents the emir¢ end integrated agreement between the parties hereto and supersedes prior negotiations, rxpresenmtions, o agreements, either written ral. The Contract may be amended or modi£cd Duly by a ModiFcation. The Contract Documents shall not be stmed to create a eoncracmal relationship of any kind (1) between the Contractor and the Architect or the Amhitect's consultants, (2) between the Owner and a Subcontractor or aSub-subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner end the Contractor. The Architect shall, however, be entitled to perforTance and enforremevc of obligations undo- the Contract intended to fecil irate performance of the Architect's duties. § t.t,3 The Work The term "Work^ means tfie consnvction and services required by the Conv-act Domments, whether completed or partially completed, and includes all other labor, materials, equipmmq and services provided or w be provided by the Contractor to fulfil] die Contractor's obligations. The Work may constitute the whole or a part o£ dte Project. § t.1.4 Tha Project The Pr jeer is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Convvccors. § t.t.5 The Drawings The Drawings are the graphic and picwrial portions of the Commct Documents showing the design, location and dim¢nsiona of [he Work, gemrally including plans, elevations, sections, details, schedv les, entl diagrams. § 1.t.6 The Speellleatlons The SpeciPcations are that portion of [he Contract Documents consisting of the written requiremen [a for materials. ¢quipmen0, systems, standards and workmanship for the Work,. and performance of related services. § t.t.7 Instruments of Servlee htsvvmcnts of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the ArchitecCs c nsultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, speci£wtions, and other similar materials. (Pa•ngrnyhs /e/ererp § t,2 Corralatlon and Intent of the Contract Documents § t.2.t 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 Docmnents arc complanentary, and whet is required by one shall be as binding es if required by all; perfor a by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary m produce cfie indicated results. § t.2A.t The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. i£it is deeennined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and Init AIA Document A26tm_26t9, OppytlgM1t®t8tt. t9t6, tHt B. l825. 193J. 1851. 1960. 1961. 1H6a. 1966, tH➢B,1W6, 1B0J t9W. 2HB➢ana 2HtJ ty Tna Amerleen Inall Wta orArcM1llacta. All tlgM1la maervaO. TFa'Amatlmn InaBlula o! Ambllacta,"'AIA, Iha AIA Loeu. "A201.' and'AIA GonVacl Oocumenra' are .ID red Vedamatlaa entl may nal ba u¢atl wlrM1aul pemnadon. TM1Ie tlawman[wea pmtlucad by AIA aaMvare et t]:36:35 ET on t0/OB/2o20 untler OMer / No �Ht43S2T 3] wlrlaM1 axpbas an OB/29/2a21. Is not br maple. la Ilcanea0 Wr ono-Bma usa only, antl Tay only ba usetl In accoMance w1[M1 IM1a AIA Conlred Documanlem Tama of 5ervlca. To ropan copytlgM1l vlolatlona. a-mpll cppyrlgMl�als.o,g. V oar Noma: (t09]609tJa) enforceable. in such case the Contract Documents shall be consnved, to the Fullest extent permitted by law, to give e£Fe<t to the parties' intentions and proposes m executing the Connect. § t.2.2 Organization of the Specifications inm divisions, sections and articles, and arrangement of Drawings shall not covtrol the Contractor in dividing the Worh among Subcontractors or in establishing the extent of Work m be performed by any trade. $ 1.2.3 Unless odterwise stated in the Contme[ Documents, words [hat have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § f,2.4 Ortler Of Preeetlanee § 1.2.4.t In the case of confl ices between the Drawings and Specifications, the Specifications shall govern. In any case of omissions or errors iav figures, drawings or specifications, the: Contractm� shall irnntediately submit the; matter to the Own and Architect for clarification. The Archi[ecPs cterifica[ions are Snal and binding on all Parties, subject to an equitable adjustment in Contract Time or Contract Sum pursuant to Articles 9 and 8 or dispute resolution in accordance with Article 15. § 1.2.4.2 Where figures are: given, they shall be preferred to scaled dimensions. § 9.2.4.3 Any terms that have: well-known technical or trade meanings, unless otherwise specifically defined in the Contract Documents, shall be interpreted in accordance with their well-known meanings. § '1.2.4.4 In case of any inconsistency, conflict or ambiguity among the Contract Documents, the documents shall govern in the Following order: (a) Change Orders and Written Amevdmmts to this Agre rant; (b) this Agre ant; (c) Drawings (large scale governing over small scale), Specifications and Addenda issued prior to [he execution of this Agreement (d) approved Submittals; (e) information furnished by the Owner, (f) odter documents liswd in the Agreement. Among categories of documents having the same order of prccedcncq the tens or provision that includes the latest date shall conn�oi. intotvration identified in one Contract Document and not identified in another shall not be considered a conflict or inconsistency. § t.3 Cepitalizatlon Term capitalized in these General Conditions include those [hat are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by tfie American institute of Architects. § '1.4 Interpretation In the interest ofbrevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles uch as "[he" and "an;' but the fact that a modifier m� an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § '1.5 Ownarshlp antl Use of Drawings, Spaelfleations, and Other Instruments of Service § '1.5.'1 The Architect and the Aa-chitecf's consultants shell be deemed the authors and owners of their trespective ins[mments o£Service, including the Drawings and Specifications, and retain all c n law, statutory, and other rued rights in their Instruments of Service, including copyrights. The Contractoq Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal o distribution to meet official regulatory requirements or Eor other pumoscs in connection with the Project is no[ to be constmed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § '1.5.2 The Contractor, Subcontracors, Sub -subcontractors, and suppliers ere authorized [o use and reproduce the inshvments of Service provided to them, subject to any protocols established pursuant to Sections 1 .7 and i .8, solely and exclu vely for cation of the Work. Alt copies made under [his authorization shall bear the copyright notice, if any, shown on the lnstmmencs of Service. The Connector, Subcontracmrs, Sub -subcontractors, and suppliers may not c the Instruments of Service on other projects or for additions to the Project outside the scope of the Worlc widtout the specific written crosenl of the Owner, Architect, and the Architect's consultants. § '1.6 Notiee § 1.BA Except as otherwise provided in Section 1.62, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to lnit. ryooraortro) �� whom the notice is addressed and shall be deemed to have be¢n duly served if delivered in person, by mail, by cornier. or by electronic mail. § t.8.2 Notice of Claims as provided in Section 15.1 .3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated represeveative of the perry to whom the notice is addressed by a method of delivery that includes proof of receipq such as certified or registeared mail, by courier Vroviding proof of delivery, or FedEx, UPS or other similar delivery with tracking verification. § t.T Digital Data Use and Tranamfssicn The parties shall agree upon protocols governing the transtrtission end use of Ins[mments of Service or any other hlFormetion or documentation in digital Fonn. § t.8 Building Information Models Uae and Rellanee Any use af, or reliance on, all or a portion of a building information modch iP any, without agreement to protocols governing the use of, and reliance mt, [he in Eonnation contained in the model and without agreed upon protocols, shall be at dte using or relying parry's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each o£their agents and employes. ARTICLE 2 OWNER § 2.t General § 2A.t The Owner is the person or entiry identified as such in die Agreem¢m and is mfetred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have explcss authority to bind the Owner with respect to nil mattes requiring the Owner's approval or authorization. Except a otherwise provided in Section 4.2.1, the Architect does not have such authority. The tcrTn "Owner" means the Owner or the Owner's authorized represeutative. § 2A.2 The Owner shall firmish to the Contractor, within fi Reen days after receipt of a wriuen request, information ncessary and mlevanr for the Convector to valuate, give notice of, or enforce mechanic's lien rights. Such formation shall include a cored statement of the record legal title to the properry on which the Project is located. usually refered m as the site, and the Owner's interest thm�ein. § 2.2 Evldanea of the Owner's Financial Arrangements § 2.2.1 Prior to conmreacement of the Work and upon writteu request by the Cootractor, the Owuer shell Rrnrish to the Connector reasonable evidence drat the Owner has rnadc financial ar�angmncnts to fviffiI the Owner's obligations order the Contract The Contractor ahali haven obligation [o commence the Work wail the Owner provides such evidence. iE commenement of the Work is delayed under this Section 2.2. I , the Contract Time steal I be extended appropriately. (Pm�ogrnphs d¢/¢red) § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are ehe responsibility of the Contractor under the Contract Documetts, ncluding those required under Section 3J.1, [he Owner shall s and pay for necessary approvals, easements, cots and charges required Por consnnction, use or occupancy of pertnenent stmcmres or for pcnnanent changes in existing facilities. § 2.3.2 The Owner shall retain an amhitet IawRllly licensed m practice arcltitecmre, or an entity lawfully practicing rchitccmre, in the jurisdiction where the Project is located. That person or entiry is itleutified as the Architect in the Agreemeu[ and ix re fen-etl co throughout the Contract Documents as if singular in number. § 2.3.3 if the employment of [ire Architect terminates, the Owner shall a nploy a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owmr shall furnish survrya describing physical characteristics, legal limitations and utility locations for the site of the Projecq and a legal description of the site. The Contractor shalt be entitled [o rely an the eccmecy of information Ru-nished by the Owner but shall exercise proper precautions relating to the safe performance of tte Work. Init AIA Devuman[A2bts_ 2B1T. COPYN9ht®t91t, t9t8. t91 B, t828, t93 ], t95t, t988, tBBt, t983. 1868, t W0, t8]B, t9B], t9 W. 2B0] ent120t] by Tha American InatiNla o/Archiracra. All ABMs reaervatl. Tba'Ama,ican InarlW le o/ ArcMlacLa: 'AIA: lM1a AIA Logo. ^A20t,' antl "AIA CanVacl Dowmenle' ale .Lj ,aBlata,atl 4atlamarka antl may nol ba used wilhw[ pa,mlealon. Tbla Goamanl was protlucaG Ey AIA ao/(ware al t ]:38:35 ET on t0/BB/2B20 uMar OMeI / Nv.9193B2]13] wMcb aa:pbas vn OBY2B/2n2t, is [a for reeala, la IleenaeO lol ana-time use only, antl may only ba ueatl In eccoMenm wltM1 lha AIA CaMred Dmumamav Tama o/ Sarviea. To �apvrt copy�l9br vlolatlon e, e-mail eopyel9al®ala.oq. Uaar Netat (tB9]80]t]9) § 2.3.6 The Owner shall furnish information or services required of the Owner by the Contract Dowmen<s with nable promptness. The Owner shall also famish any other infolmation o undo the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness aRer receiving [he Convaetor's written request for such in{onnation or services. § 2.3.6 Unless otherwise provided in the Convect Documents, [he Owner shall famish to [fie Contractor one copy of the Contract Documents for purposes of making reproductions pursuant m Section 1-52. § 2.4 Owner's Right to Stop the Work If the Contractor fails to c act Work that is not in accordance with the require.nents of the Contmct Documents as required by Section 12.2 or repeatedly fails to carry out Work in ccordance with the Contmct Documents, tlae Owner may issue a written order to dae Contractor to stop the Woa-k, or any portiom thereof, until the cause for such order has been eliminated; haweveq the right of the Owner to stop the Work shall not giv ¢ to a duty on the part of [he Owner to exercise this right for the benefit of the Contractor or any other person or entity, except [o [he extent required by Section 6.L3. § 2.6 Owner's Right to Carry Out the Work I£ [he Covvacmr defaults or cegiccts to carry out the Work in accordance with the Contract Documents and fails within elan -day period aRer receipt of written notice From the Owner to commenm and continue c action of such default or neglect with diligen and promptness, the Owner may, without pr judice to other remedies the Owner may hav act such default o neglect. Sach action by [he Owner and amounts charged to tiie Conracmr are both subject to prior approval of the Architect and the Architect slay, pursuant to Section 9-5- 1, withhold or nullify a C¢rtiticate for Payment in whole or in part, m the eaten[ reasonably oecessery ro reimburse the Owner for the onable cost of coaTecting such deflcimcies, including Owner's expenses and compensation for the Arehitect's additional services made necessary by such default, negleeq or failure. If curren< antl future payments are not sufScient ro cover such amounts, the Connector shall pay the difference to the Owner. If the Contractor disagrees with [he aetionS o{[h¢ OwlleZ or Lh¢ Architect. or the amounts claimed a5 coSCb [O UlC OWller, th¢ CORVHe[OO lnay £1¢ e Claim pursuant to Atticle 15. ARTICLE 9 CONTRACTOR $ 3A General § 3.1.1 The Contractor is the person or entity identif ed as such in the Agreement end is ref red to throughout tite Contmct Documents as if singular in number. The Contractor shall be lawfully lie sed, if required in the jurisdiction where the Project is located- The Contractor shall designate in writing a representative who shall have express authority [o bind the Contrector wish respect to all matters under this Contract. The term "Contractoa-" means the Contractor or the Contractor's authorized representative- § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3A.3 The Contractor shall tut be relieved of its obligations m perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in [he Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Ravlew of COMraet Documents and Fleld Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a represwtation that the Contractor has visited the sae, become generally familiar with local conditions under which the WorK is to be performed, and correlated personal observations with requ rements of the Contract Documents. § 3.2.2 Because the Convect Documents are complmnentary, the Contractor shad, before startirrg each portion of the Work, carefully study and compare the various Contract Documents relative to that potion o£ the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field n ants of any c fisting conditions related to that portion of the Work, and shall observe any conditions at the site affecting it These obligations are for the purpose of facilitating coordination end conatroction by the Contractor and a not for the purpose of discovering errors, omissions, or inconsistencies in the Contmct Documents; however, the Contractor shall promp[ty repott to the Owner and Architect any errors, inconsistencies or omissions discovered by o made karo n to the Comracmr as a rcgaest for information in such form as the Architect may require. It is recognized that the Init. Uver Nabs: tmsraortrot 13 Conteactor's review is made in the Contractor's capacity as a contractor and not as a lironsed design professional, unless otherwise speci£eally provided in the Contract Documents. § 3.2.3 The Connacmr is not required to ascertain that the Contract Documents are in accordance with applicable laws, stamtea, ordinances, codes, roles and regulatioats, or lawful orders of public authorities, but the: Contractor shall promptly report to the Owner and Architect any nonconformity discovered by or made known to ttre Contractor as a Inquest for information in such form as the Archiroct may aroquire. § 3.2.4 if the Contractor believes that additional cost or rim¢ is i tvolved because of ciariFcacions or instructions the Amhitec[ issues in response [o [he Contractm"s notices or arequests for infonna[ion pursuant to Sections 3.22 or 3.2.3, the Couractor shall submit Claims as provided in Article 15. If rho Connactov- fails to pa -form the obligations of Sections 3.2.2 or 3.2.3, [he Contractor shall pay such costs and damages to the Owner, subject [o Section I5. L9, as euld have boon avoided if the Contractor had perforated such obligations. [f the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Parehitect for damages r salting f�om enars, nwnsistencies or omissions in the Contract Documents, for differences between field measurements or conditions end the Contmet Documents, or £or nonconfonnities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.2.5 Underground Facilities ,l Shawn ar Ltdtco[ed: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities (which shall be defined as all pipelines, conduits, ducts, cables, wirres, manholes, cults, tarrka, tunnels or other such facilities or attxchmmts, end any encasements containing such facilities That have been installed underground to tumish any of the following services o na[erials: electricity, gases, steam, liquid petroleum products, telephone or other corrrmunications, cable television, sewage and drainage removal, na££c or other control systems or water) at or contiguous to the site is based an information and data furnished to Owner or Architect by the owners o£such Underground Facilities or by others .2 Not Shown w-lndtcated: If an Underground Facility is uncovered or revealed at or contiguous [o the site that was no[ shown or indicated in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before ftuther disnu�biug conditions affected [hereby or performing any Work in connection therewith, identity the o£such Underground Facility and give written notice to chat owner and to Owner and Architect. Architect will promptly mvi¢w the Underground Facility and de[erTttine the extenq if any, to which a chapge is [required in the Contract Documents to reflect and document the consequences of the existence of due Undurground Facility. if Amhitect concludes that ¢change in the Contract Documents is required, a Constn.ctiun Change Directive or a Change Order wilt be issued as provided in Article 7 to reflect and docnment such conscgmatces. During such tinge, Connractor shall be responsible for the safety and proxeetion o£sueb Underground Facility. Contractor shall be allowed an in n the Contract Sum ar an extension of the Connect Times, or both, to the «tent that [hay are am:buiable co the existence o£any Underground Facility [hat was not shown or indicated in the Contract Documents and that Contractor did not know of and could not reasonably have bean expected to be aware of or to have anticipated. If Owner end Connector are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Sum or Connect Thnes, Contractor may make a claim therefor as provided in Articl¢ I5. Howev¢q Owner, Architect and Arch i[ecPs Consultants shall not be liable to Contractor for any claims, costs, losses or damages mcun-ed or sustained by Contractor on or in connection with airy ocher project or anticipaed project § 3.3 Supervision and Construction Procedures § 3.3.t The Contractoa- 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, techuiques, sequences, and procedures, and for coordinxtiug all portions o{ rive Work tinder the Contract, uulcss the Contract Documents give other specific instructions concerning these matters. if [he Contract Documents give specifle insnvetions concerning nstruction m methods, techniques, sequences, ar plcedures, the Contractor shall evaluate the jobsita safety thereof and, except as stated below, shell be solely responsible £or [he jobsita safety of such means, methods, techniques, acquerces, or procedures. If the Contrxctm- determines that such means, methods, techniques, sequences or procedures may not be safe, [he L_'OnC[HCIOr shall give timely notice [o the Owner and Architect, and shall no[ pro ecd with that portion of the Work without further writen instmm�ons from the Archirect. If the Contractor is then instivcted co proceed with the required m nethods, techniques, sequences tn- procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from Inli American Insatub orMmblteG¢. All ngbb maervetl�The'Amenwn In¢Illule of PrcM1lte a.¢; �'AIP'�Iha AIA Logo. ^A2a1 V' and �'AIH ConVad DocumenlaYere •i4 / No1914332]13] wM1 cb azplraa onoa9/29/2(12'I 'Is col (or mlcalla, la gcenae0 (wnoneellma u¢ee onl� nitl may only bolo e�etl� naaccooitl noeawgb Iba PIHrCon •act nocumentaa Term¢ at Sarvlca. To mpon wpytlgFt Nolallona, o-mall capYn9M1\vela. o+g. tla5]BO]t]aJ those Owner -required means, methods, techniques, sequences or pv-ocedures mvless arising fi�om the negligence of Contractor, its Subcontractors or persons or entities For whom they are responsible. § 3.3.2 The Contractor shall be responsible to the Owner £or acts end omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities perforating portions of the Work for, or ou behalf ot; the Contractor or any of its Subconracmrs. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed m deronnine that such portions are in proper condition to receive subsequent Work. $ 3.4 Labor antl Materials § 3.4.t Unless otherwise provided in the Contract Documents, [he Contractor shall provide and pay for labor, materials, egvipnteny fools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities ands sary for proper a cvtion and c mpletion of the Work, whether temporary or perntaneut and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by ehe Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substimtimvs only with the ant of the (Tuner, afiet evaluation by the Architect and in accordance wish a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good oM¢r a ong the Contractor's employees and other persons carryitvg out the Work. The Centractor shall not permit employanent of unfit persons or persons not properly skilled in [asks assigned to [hem. § 3.8 Warranty § 3.B.t The Contractor wav-mnis to [he Owner and Architect [Iva[ materials and cquipmmt famished under [he Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the aegnirements of the Contract Documents and will be free from defects, cept for Uvosc iNterent in We quality of the Work the Conu�act Documents require or permit_ Work, materials, or equipment not conforming to these acqu ante may be considered defective. The Contractor's w nasty excludes medy for damage or de{ ct caused by abuse, alterations to the Work not executed by the Conv�actor, improper or sufficient maintenance, improper operation, or normal wear and tear and normal usage. If requved by the Architecq the Convector shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.8.2 All material, equipment, or odver special warranties required by the Contract Documcaus shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.8 Taxes The Contractor shell pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted whm bids arc received or negotiations conctuded, whether or not yet effective or merely scheduled m go into eE£ec[. § 3.7 Permits, Feea, Notices and Compliance with Lewa § 3JA Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building p¢rxnit as wdl as for other permits, fees, licenses, and inspections by govertunent agencies necessary for proper execution end completion of [he Wodc that are customarily secvved after execution o{the Contract and legally required at the time bids are received or negotiations concluded. § 3J.2 The Contractor shall comply with and give vortices requited by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public assthor hies applicable to performance of the Work. § 3.7.3 T£the Contractor performs Work knowing i[ to be contrary to applicable Taws, statutes, ordinances, codes, Hales and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to coareetion. loft AIA nocumant A291a_261L Copytlghl® t9tL 1815, t9t6, t925, t93T, t95t, t95 B, t9Bt, 1963, t96B. 'IWO, tB]B, t9BT, t99]. 20W aM 20O by Tha Amarlcan Inaglu\a of Amhllac\a. All bgMa reaarvatl. Th¢'Amaricen Inalllute oI ArcM\acic: "AIA: Iha AIA Logo. ^A261: and "AIA Conbacl Oocumanl¢' aro •I S ,agiateratl Iredamatka antl m a\ ba ua¢d wilhoul parmiasion. ThIs tlacumanl wee proEucetl by AIA software al t]:38:33 ET on t0/OB/2020 antler ONm / No.9t9362T13] whld: azpbea an 09/29/292L Ia not Por resale, la Ilcensetl Ior one -[lore use only, antl may only ba ueeO In accartlenca wah a:e AIA ConlmG naeumanl¢a Tarma of SaMca. To report copytlgh\ Nola\ione, a -mall copYtl9ht�ele.oq. Uaar Notes: (109]BOTt]O) § 3.].4 Concealed or Unknown Conditions If Utc Contractor a ntcrs conditions at the site chat are (1) subsurface or otherwise coneenled physical eontlitions that diff anata-ially tiom [host indicaed in the Contract Docmnents or (2) urduvown physical conditions of m unusual nature that diFFer materially from those ordinarily Found to exist and generally recognized as inherent in nstruction activities of the character provided for in the Contract Docunmts, the Convactor shall promptly provide notice to Hie Owner and the Architect before conditions ere disturbed and in no event lacer than 21 days after first observance of the conditions. The Architect will prmnptly investigate such conditions and, if the Archimct determines that they differ materially and cause an increase or decrease in the Contracror's cost oE, or time required For, perFomvancc of any prat of the WorK, will recovmnmd that an equitable adjnsmmnt be madc in the Contmcr Sum or Contract Time, or both. IF the Architect determines Htat the conditions a[ the site are not materially different From chose indicated in the Contract Docummts and that no change in the trams of the Cmatract is juatiSed, the Architect shall promptly notify the Owner and Contractor, stating the reasons. IF either pony disputes the ArchicecYs determination or recommmdadon, chat party may submit a Claim as provided in Article 15- § 3.].5 [f, in the course of the Work, dve Contractor believes it has encountered human remains or recogedud the istmce of burial markers, archaeological sites m� wetlands not indicated in the Contract Documents, tive Convacmr shall immediately suspend any operations that would off t them and shall notify the Owner and Architect. Upon eipt of such notice, the Owner shall prompty take any action ncressary to obtain govenvncntel authorization required to reatvme the operations. The Contractm� shall continue to suspend such operations until otherwis¢ inshucmd by the Owner but shall continue with all other operations that do not affect those re m� features. Requests for adjustments in the Contract Sum and Contract Timc arising ti-om such suspension may the madc as providetl in Article I5. § 3.8 Allowances § 3.8.'1 The Contracmr shell include in the Contract Sum all allowances stated in th¢ Conrad Documents. Ttems red by allowances shall be supplied for such amounts and by such persons or rntities as the Owner may direct, but the Contractor shall not be requved to employ persons or entities m whom Hve Contracmr has vreasonabl¢ objection. § 3.8.2 Unless otherwise provided iv the Contract Documents, .t allowances shall cover the coat to the Convactor of materials and equipment deliverod at the site and all required taxes, less applicable vatle discounts; .2 Convactor•s costs for unloading and handling at the site, labor, installation costa, overhead, profit and other expenses contemplated for stated allowance amounts shall be includetl in the Contract Sum bui not in the allowances; and .3 whenever costs are more than or Tess than allowaures, the Contract Suan shall be adjnstcd accordingly by Change Order. The amount of the Change Order shall reflect (1) [he difference between schist costs and the allowanees under Section 3.8.2- I and (2) changes in Contractor's costs under Section 3-8.2-2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable prromptness. § 3.9 Superintentlent § 3.8.t The Convactor shall employ a competent superintendent and necessary assisTan[s who shall be in altendnnce at Hve Project site during performauro of tive Work. Tlve superiutrndevu shall represent the Comracron and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contracq shall notify the Owner and Architect of the name and qualifications of a proposed superintendent Within 14 days of receipt of the information, the Owner or Architect may notify the Contractor, stating whedver the Owner or tive Architect (1) has rroasonable objection to the proposed superintendent Failure o£ the Owner or Architect to provide notice within ehe t4-day period shall constitute notice of no reasonable objection. § 3.9.3 The Convactor shall not employ a proposed superintendent m whom Hve Owner or Architect has madc reasonable and timely objection. The Cmuractor shall not change the superin[entlent without the Owner's consent. which shall not unreasonably be withheld or delayed- Inet. �ET on 10/0a/2a2a unEnrtOrEor � 6 accoW anm wllM1 tM1a AIP eontred emweovtrol § 3.10 Contractor's Conatruetlon antl Submittal Schedules § 3.10.1 The Contractor, promptly otter being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's consWction schedule for the Work. The schedule shall contain detail appropriate for the P ject, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) en apportiomnem of the Work by construction activiry; end (3) dte time required for mpletion of each portion of the Work. The schedule shall provide for the orderly progression of tfic Work to completion and shell not exceed time limits cun�ent under the Contract Documents. The schedule sfiall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a cumenc submi«al schedule, shall submit a submittal schedule Eor the Owner's and Architect's infonnecion. The submittal schedule slue]] (l) be coordinated with the Contractor's constmction schedule, and (2) allow tive Architect reasonable time to review submittals- § 3A 0.3 The Contractor shot I perform the Work in generel accordance with the most recent schedules submitted to the Owner and Architect. § 3.17 Documents and Samples et the Site The Contractor shall make availabte, at the Project site, the Contract Documents, including Chattge Orders, Construction Change Directives, and ocher Modifications, in gootl order and marked currently to indicate field changes and selections made during construction, and the apptnved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in eleciron:e form or paper copy, available to the Architect end Owner, and delivered [o the Architect for submittal to tlm Owner upon completion of the Work as a record of the Work as constructed. $ 3.t2 Shop Drawinga, Protluct Data and Samples § 3A2.1 Shop Drawings are drawings, diagrams, schedules, and other data specially preparod for the Wark by the Contractor or a Subcontractoq Sub -subcontractor, manufacmter, supplier, or distributor to illustate some portion of the Work. § 3.12.2 Product Data are illustrations, sfentlard schedules, perfotmtance charts, instructions, brochures, diagrams, and other information huaished by the Contractor to ilhistmte materials or equipment for some portion of the Work. § 3.12.3 Samples are physical exampies that illustrate materials, equipmenq or workmanship, and establish standards by which the Work will be judged- § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents- Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept exptrssed in the Contract Documents for those portions of the Work for which the Contract Documents requite submittals- Review by the Architect is subject to the limitations of Section 4.2.']. Infonna[ional submittals upon which the Architect is not expected to cake responsive action may be so identified in the Contract Documents. Submittals that are not requ red by the Contract Documents may be returned by the Architect without action. § 3A2.5 The Contractor shall re w { r compliance with the Contract Docnments, approve, and submit to the Archifecq Shop Drawings, Product Data, Samples, and similar submittals required by the Conhmcc Documents, in ordance with the submittal schedule approved by the Architect oq in [he absence of an approved submittal schedule, with reasonable promptness and in such sequence as [o cause nu delay in the Work or in [he activities o£the Owner or of Separate Contractors- § 3.12.6 By submitting Shop Dmwings, Product Data, Saanples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and otdinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Init AIA Oecuman[A201®-201 i. CopytlHM1t®t9t t. 1916. 19t8. 1926� t93], t96t, t966. t961, t963� t966, t9]D� 19]B. t98], t99]� 200]and 20f]bY T[,a American Inatituta of ArcbllaGa. All rlHM1ls ,asarvad. Tha'Ama,ican Inslllula of Arcbl[acta: "AIA," lne AIA Logo "A2ot antl'AIA Con[rac[ Oocumants' ara .l -� aglatared Vadama,ks and may not ba ueatl wilnout pa,mission. TMa document was protlucatl by AIA aol[wara a[ 1]:36:36 ET on 10/OB/2020 untlar O,dar / Na.914362]t3] wblcb expires on OB/29M02t � Is not td resal¢� la Ileenae[l to[ ono-[Ime use only and may only be usatl In accartlanca with [M1a AIA GanM1ec[ pmumentaa Terms o1 Servlee. Tn sport mpytlHhl vlolallons. ¢-mall ecpy6gM�ele.o,g. Uaar Neba: (tOW80]t]O) § 3A 2.'! The Contractor shall perform no portion o£the Work Eor which the Contract Docunren[s require submittal and review of Shop Drawings, Product Deta, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved o£ responsibility for tleviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Saanples, o nilar submittals, unless the Contractor has specifically noli tied the Architect o£such deviation ac the time of submittal and (1) the Architect has given written approval m the specific deviation a change i ,the Work, or (2) a Change Order r Construction Change Directive has been issued authorizing then deviation. The Contractor shall not be relieved of responsibility for en'ors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architects approval thereof. § 3A 2.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Oates, Samples, or similar submittals. to revisions ocher than those: mqueated by the Architect on pre submittals. In the absence of such notice, die Architect's approval of a resubmission shall tent apply to such revisions. § 3.t2d0 Tho Contractor shall not be required to provide professional services that constitute the practice of ehitec[ure o engineering unless such services are specifically required by the Connect Documents for a portion of [he Work or unless the Contractor needs to provide such services in order to carry out the Cmatracmr's respmsibilities for nsmmtion m tethods, techniques, sequences, and procedures. The Contractor' shall not be: requ read to provide prof ssional services in violation of applicable law. § 3A 2.70.7 If prof ssional design services or certiScations by a design professional related m systems, materials, or equipment are specifically required of the Contracror by the Contract Documents, the Owner and the Architect will specify all petYonnauce and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall causes such services or certifications to be provided by an appropriately licensed design professional, whoa signature and seal shall appear on all drawings, mleulations, specifications, certifications, Shop Drawings, and other aubmittels prepared by ouch prof ssional. Shop Drawings,. and other submittals related to due Work, designed or ccnificd by satch pro{ ssional, if prepared by others, shall bear such pro£essionxl's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals petfonned or provided by such design professionals, provided the Owner and Architect have specified [o [he Contractor the performance and design criteria that ouch scrvicca must satisfy. Pursuant to this Section 3.12.1d, [he Architect will re and approve or take other appropriate action on subrtd Rals only for the limited purpose of ebecking £or conformance with information gin and Hte design c cept expressed in the Coauract Doc nts. Tate Contractor shall not be responsible for dte adequacy of doe performance end design criteria specified in the Contract Documents. § 3.72A 0.2 IFthe Contract Documents require, than the Concmcfor's design professional shall certify that the Work has been perforTned in accordance with the design criteria. § 3.73 Use of Slta The Contractor shall confine operations et the site to areas Vermitted by applicable Taws, statutes, ordinances, codes, rules and regulations, lawful orders of public authoritica, and the Cm,tract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.74 Cutting and Patching § 3.74.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its pans fit [oged,a' properly. All a -squiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching,r unless othelwise required by the Contract Documents. § 3.74.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed onstruction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by nation. The Contractor shell no[ cut or otherwise alter conshvction by the Owner or a Separate Contracor except with written consent of the Owner and of dte Separate Contractor. Cwtsent shall not be unreasonably withheld. The Contractor shall no[ unreasouably withhold, £rom the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. Init. or ba u tl wllboul p aelon. Tbls tlocum®nt was pmtlucatl by AIA mtlware al n 08Y2p/202,, b t br „seal¢. Is Ilea sad for -llm a only, a.W may only be /To mpart cpwtloM molatlona, a mall copvnpM�aia.o,p. (t08]HO]t]OJ i8 § 3.L 5 Cleaning Up $ 3.t 5.1 The Contractor shall keep the premises and surrounding area free fi'om accumulation of waste materials and mbbish caused by operations under dte Contract A[ completion of the Work, tivc Contractor- shall remove waste materials, rubbish, [he Concracinr's cools, construction equipment, machinery, and surplus materials from and about the Project. § 3.L 5.21f [he Contractor fails to clean up as provided in the Contract Documents. the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.t6 Access to Work The Conu'acmr shall provide the Owner and Architect with access to the Work in preparation and progress wherever located- § 3.1T Royaltles, Patents and Copyrights The Convaccor shall pay all royalties and license fees- The Contractor shell tleFend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall of be responsible fm� defense or loss when a particular design, process, or product of a particular manufacmrcr or manufacturers is required by the Contract Documents, or where [he copyright violations are contained in Drawings, Speci£cation¢, or other documents prepared by the Owne r Arohicect. Howevev-, if an infringem nt of a copyright or petem is discovered by, o made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is prompdy furnished to chc Architect- § 3.181ndemniflcatlon § 3A BA To the fullest extort permitted by law, the Contracmr shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employee of any of them from and against claims, damages, losses, and expenses, including but not limited m attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily i jury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extern caused by the negligent acts or omissions of the Contracmv a Subcontractor, anyone directly or indirectly employed by them, or anyone For whoa acts they may be liable, regardless of whether or not sorb claim, damage, loss, or expense is caused in part by a partyinderrvnified hereunder- Such obligation ahail not be construed to negate, abridge, or reduce other rights or obligations of iudexmtity that would otherwise exist as m a party or person described in this Section 3.18. § 3.t 8.2 Ia claim against any person or en[iry 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 shay may be liable, the indemni£cation obligation under Section 3.18.1 shell not be limited by a limitation on amount or type of damages, mpensation, or beneFts payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability bmeflt acts, or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.t General § 4d.t The Architect is the person or entity retained by the Owner pursuant to Section 2.32 and identified as such in live Agreement- § 4.t.2 Duties, responsibilities, and limitations of authority of the Architect as set forth iv the Contract Documents shall not be restricted, modiFed, or extended without written consent of the Owner, Contractor, end Architect Consent shall not be unreasonably withheld. $ 4.2 Adminlstration of the Contract § 4.2.t The Architect will provide administration of the Contract as described in the Contract Documents end will be n Owner's representative during construction until the date [he Architect issues fhe final Certificate for Payment The Arehifec[ will have authority to act on behalF of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, o s otherwise agreetl with the Owner, to become generally t9miliar with tine progress and quality oEthe portion of the Work completed, and to detetTnine in general if the Work observed is being pet4ormed in a manner indicating that the Work, when fully Init Amaacen Ina9tWa W Awt,l[ac1s. All flghta asarvad. Ti,¢'Amaflcan Inal Wte of AmM1lleds:'AIA: �\ha AIA Logo�'A20 L" antl'AIA Conrad nncumenta' afs / No �8 4392]13] wM1 cF axd may not ba uaatl wllhoul pa,micslon. TM1Ie Document was goduced by AIA aaawe Y a[ t]:36:36 ET ran 1D/96/2D20 nutlet OfOaf � g giros on D9/29/2D21, is nnl (of recala, la IlcanseO (of ono -time use only. entl may onl be usatl In acwrtlancra w11M1 tits AIA Contract Documents^ Tafma oI ¢arNca. To mprart coppigM vlolallane, small copytlBaa�ala.mg. Vsar Notaa-- (iDB]aD]1]D) mpleted, will be i ccordance with the Conttact Documents. However, the Architect will not be required m make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will no[ have ovtrol over, charge of, or respovsibility for the construction means, methods, techniques, sequences or procedures, or Eor the safety precautions and programs in action with the Work, since these arc solely d'te Conememr's rights end responsibilities ender tlae Coutracr Docvmeu[s� § 4.2.3 On the basis of the site visits, [he Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations fiom the most recent constuction schedule submitted by the Contractov and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's feilwa to perform the Work in eccordauce with the requirements of the Contract Documents. The Architect will vot have contaol o charge of, and will not be responsible for acts or omissions o£, the Contractor, Subconmectors, or [heir agents or employees, or any other persons of entities performing pBltions of [he Work. § 4.2.4 Communleatlons The Owner and Contractor shall include tlm Architect in all cotrmmnications that relate ro or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of avy direct unications between the Owner and the Contractor otherwise rotating to the Project Commw+ic¢tions by and with the Architect's consultants sh¢II be through the Architect Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separaro Conh�actors shall be through the Owver. The Coutract Documents may specify other conununication protocols. § 4.2.5 Based on trot Architect's evaluations of the Contractor's Applications Eor Payment, rive Architect will revtew and certify the amounts due [he Contmctnr ana will issue Certificates for Payment in such amounts. § 4.2.8 The Architect has autlrodry to r ject Work tltat does not confotTn to the Contract Documents. Whenever the A rchtrec[ considers i[ necess¢ry or advisable, the Architect will have authority to require inspection or resting of the Work in accordance with Sections 13.4.2 and 13.43, whether or no[ the Work is fabric¢ted, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise acts authority shall give rise m a duty or responsibility of the Architect to [he Contractor, Subcontactors, supplieas, their agents or employees, or other persons or entities performing portiovs of the Work. § 4.2.7 The Architect will review avd approve, or take other appropriate action vpov, rho Contmcor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for confomtance with information given and the design concept expresacd in the Connect Documents. The Architect's ¢coon war be taken n accordance with the submittal schedule approved by the Arohitect m', in the absence of an approved submittal schedule, with reasonably promptness white allowivg sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the a acy and mpleteness of other details such as dimensions and quantities, or for substantiating inspmctions for installation or pet-Formance of equipment or systems, all of which remain the responsibility of the Contractor a required by the Contract Documents. The Architect's r of the Contractor's submittals shall not relieve the Contractor of [he obligations under Sections 3.3, 3.5, and 3, I2. The Architect's review shall not constitute approval of saf ry precautions o of any construction n ens, methods, techniques, sequences, or procedures. The Architect's appavval of a specific item shell not indicate ¢pproval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Consmiction Chavge Directives, and may order minor changes n the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3J.4. § 4.2.9 The Architect will conduct inspections to derennine the date or dates of Substantial Completion end the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Own q for [he Owne and r ords, written warranties avd related docwnents required by the Contract and assembletl by the Contractor pursuant [o Section 9, t O; and issue a final Certificate for Payment pursuant to Section 9.10. ' tnN AIA poeumant A20tm_201L Capyfl9tn0191'1. 1916, 19tH, 1926, 193T. 196t, 1966. t9Ht• t963, 1966• +9]0. 19]B. t93Z 189]. 200] anO 20t] Oy The Amatican Inatitul¢ otAmMlacta. AM `Igala tea®rvetl. The'Am¢tlran Inslllu[a or Amhltacls: 'AIA,' 1ha qIA LoBo.'g2gl,' antl'glq Conaad Oaumanl¢' era 1p / No.�9t9392]t3] wh ch axpl asyon 09/28/2021 �ris nor for resa�la. Is Ilvanaatl fo, onaaNm �a naC by AIA aottware at 1 ]:30:35 ET on 1 O/00/2020 unea� Ober noamonlem Te:me a[ SaMca. Ta report copyright violatiws, ¢-mail m I ht la.or Y• antl may only ba usatl In accwEenw with Iha AIA Conlmct V aer Notes: p„g ®a g (108]30]'1]O) § 4.2.10 If tfie Owner and Architect agree, the Architect will provide one or more Pfect reptcsentativcs to assist in arrying oaf fhe Architect's responsibilities at the silo. The Owner shall notify the Contractor o£any change in the duties, responsibilities and limitations of authority of the Project represema<ives. § 4.2.'H The Architect will interpret and decide matters concerning pe.folmtance undeq and requirements of, the Contract Documents on written request of either [he Owner or Connector. The Archimci's response [o such requests will be made in writing witfiin any time limits agreed upon or otherwise with reasonable promptness. § 4.242 hvterpretations and decisions of the Architect will be consistent with due intent of, and reasonably inf rable from, the Contract Documrnts and will be in writing or in the form of drawings. Wlvc naking such interpretations and decisions, the Architect will endeavor co secure faithful perfoa Hance by both Owner and Conh'actoq will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.t3 The Architect's decisions on matters relating to aesthetic effect will be foal if consistent with the intent expressed in the Contract Oocumcnts. § 4.2.t4 The Architect will review and respond to requests for information about due Contract Documents. The ArchitecCs response to such inquests will be made in writing within any time limits agreed upon or otherwise with nabie prompmess. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response m the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.'1.9 A Svbcontrecror is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The tcnn "Subcontractor" is referred to throughout the Contmct Documents a if singular in mbar and means a Subcontractor or an authorized rcpre entative of the Subcontractor. The term "Subcontractor" does not include a Sepamte Connector or due subcontractors o{ a Separate Contractor. § 5.1.2 ASub-subcontractor is a pars entity who has a direct or indirect contreci with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontmctoi' is reF rred to throughout dvc Contract Documents as iF singular in number and means aSub-subcontractor or an authorized representative o£ the Sub -subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable aRcr award of the Contract, shall notify the Owner and Arohitect of the persons or rntities proposed for each principal portion oFthe WorK, including those who are to famish materials or equipment fabricated co a special design. Within l4 days of eipt of due information, the Owner or Architect may notify the Contracmr whether d[e Owner or doe Architect (1) has reasonable objection to any such proposed person o entity. Failure of the Architect io provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not convect with a proposed person or wuity [o whom the Owner or Architect has made nable and timely objection. Tfie Contractor shall not be required to conv-act with anyone ro whom the Contractor has made reasonable objection. § 5.2.3 (f the Owna or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contmctor shall propose another to whom due Owner or Architect has no reasonable objection. [£ due proposed but rejected Subcontractor was aasonably capable of performing the Work, the Contract Sum and Contract Time shaft be sad or decreased by the difference, ifany, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcannactor's Work. However, no i rease in the Contract Sum of Contract Time shall be allowed Eor such change unless the Contractor has acted promptly and responsively in submitting names es required. § 5.2.4 The Contracror shall not substitute a Subcontractor, person, or entity for one prevlonsly selected if [he Owner or Arehirocc makes reasonable objection to such substitution. Intl AIA Ooeumant A2gle_g01L CopyrlgM1t®l9l t. 19t5. 18ta, 1926� 193]� 196t� 1866, 196t� 1963, 1966� l9]B, 19]6� tBB]. tB9]. 20W an02ol] by TM1¢ Amerlron Inolltuta ar Ar l�ltecta. All nghl¢ re¢erv¢O. TM1¢'Amarican Ina6lula ofAmMtacls: "PIA,' �M1a PIA Lo9o� "A29L• antl "AIA Conlmcl nowmonte' are 2.1 / No.18t4302]l3] wM1lah ¢ plme o0 08/28/2821'I¢ not forme¢a11a. Is li lcan9ad rar O a-Ilme ueacatl by AIA sonwea a[ 1]:36:36 ET on tB/OB/3820 uM¢r ON¢r y, antl may only be usatl In accordance wah tM1e AIA ConlreU tt[19]BO]l]O) § 5.3 Subcontractual Raletlona I3y appropriate written agreement the Contracor shall require each Subcontracmr, to the extent of the Work to be performed by the Snbcontracmr, to be bound to [he Contractor by teens of the Contract Documeuts, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility fm� saf ty of the Subcontractor's Woric that the Contractor, by these Contrect Documents, assumes toward the Owner and Architect. Each subconhact agreement shall preserve end pmtcct the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so [hat subcontracting thereof will not pl judice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreemenq the benefit of all rights, rremedies, and redress egaiust the Contractor that the Contractor, by the Contract Documents,. has against dte Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreemmcs with Sub-subconvactors. The Contractm� sball make available to each proposed Subcontractor, ptior� to the execution of the subcontract agreemeng copies of the Convect Documents co which the Subcontractor will be bound, end, upon written request of clue Subcontractor, identify to the Subcontactor teens and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portious of such documents available to their respective preVosed Sub -subcontractors. § 5.4 Contingent Asalgnment o1 Subcontracts § 5.4.t Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided chat .t essignnent is effective only slier termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for chose subconvact agrroemcnts chat the Owner accepts by notifying the Subcontractor and Conracor; and .2 signment is subject to the prior rights of the sm'ety, if any, obligated under bond relating to the Contract. Wlven the Owner accepts the assignment of a subcontract agrcemcnq Ute Owner assumes dte ContractoPs riglus and obligations under the subcontract. § 5.4.2 Upon such assignmmq if the Work has been suspended for mot¢ than 30 days, the Subconhactor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. $ 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subconvact to a successor contractor or olh¢r entity. If the Owner assigns the subcontract m a successor convector or other entity, the Owner shall neverdteless remain legally resppnsiblc for all of the successor cpntracmr's obligations under the subconhacc. ARTICLE B CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § B.1 Owner's Right to Pertorm Conatructlon and to Award Separate Contracts § 6.'Lt The term "Separate Convactor(s)" shall meav odter contractors retained by clue Owner under separate agreements. The Owner reserves the right to perform construction or operations rdarod to the Project with the Owner's own forces, and with Separate Contactors retained under Conditions of the Contract substantially s tiler to [host of this Contracq including those provisions of the Conditions of the Contract related co insurance and waiver of subrogation. § 6A.2 Whcn separate contracts ere awarded for different portions of the Project or other constmction or operations on [he site, the term '•Contractor'• i [the Contract Docwments in each case shad mean ehe Coutractor who exemues each separate Owner -Contractor Agreement. § 6A.3 The Owner shall provide for coordination of the activities of the Owner's o n forces and of each Separate Contractor with the Work of [he Contracror, who shall coopers <e with them. The C ntracwr shall participate with any Separate Contractors and the Owner in reviewing their construction achednlea. The Contractor shall make any revisions [o its constnmtion schedule deemed necessary after a joint review and mutual agreement The constvction schedules shall then c nstimte the schedules to be used by the Contractor, Separate Contractors, wed dte Owner omit subsequently revised.o § 6.1.4 Unless otherwise provided iu the Contract Documents, when the Owner perfonns conshvction or operations related co the Project with the Owner's own Forces or with Separate Convacrors. [Me Owner or its Separate Contractors Init AlA nocumant A201a_20'IJ. CopyN9ar®tatL t92fi, 191 B, 1B2s. 183J. t9s1. 1B6B. 2961. t963. t966.tB>O.1B>6. 196>. 199>. 200>antl 2m>by Tba Amatlean Inallrula of AMillmie. All tl9M1ls reearvatl. Ttla -Amarlcan Inarllule of Ambilecls: 'AIA: Iba AIA Logo. 'A201 � and'AIA Conhad pmumanla' era 1j / No.13143H2Jt3J wlXcb axplreayon OB/29/202'I 'la nolt to i¢vala, le Ilcanaed (ut olneal"ptatl�caod by AIA acnwara ar 1J:38:36 ET on 10/O6/2020 antler Ortler Coeumantea Tema of Servlca. To report eopyNBhl vlolallana. a -mall ee Y. a^d may only ba used In accorCance wlrh I6a AIA C^nhad PYN9h[®ala.org. User Notaa: (1pBJBp'r1J0) shall have the same obligations and rights that the Conhscmr has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 1 1, and r 2- § 6.2 Mutual Responsibility $ 6.2.'I The Contractor shell eFfortl the Ownec and Separate Contractors reasonable opportunity for ivtroduetion said storage of [heir materials and equipment and performance of their activities, and shall connect and coordinate the Contractm�'s construction and operations with theirs as required by the Contract Documents- § 6.2.2 if part of the Connmetor's Work depends for proper execution or results upon construction as -operations by the Owner or a Separate Contractoq the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operatiovs by the Owner or Separate Contractor that would revder it unsuitable for proper cutiov and results of the Contmetor's Work. Failure o£ the Connecter to notify Hie Achitect aF apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed nstruction is fit and proper to receive the Connector's Work. The Contmctor shall not be responsible for discrepancies or defects in [he construction or operations by the Owner or Separate Contractor [hat are not apparent. § 6.2.3 The Contractor shell reimburse the Owner for costs the Owner in s that a e payable to a Separate Contractor because of Hie Contractor's delays, improperly timed activities or defective construction. The Owner shall be esponsible [o [he Contractor for costs the Connector incurs because of a Separate Contractor's delays, improperly timed activities, damage to the Work or defective constructimv. § 6.2.4 The Connecror shall promptly remedy damage that the Contractor wrongfully causes to completed or patY:aily completed construction or to property o£the Owner or Separate Contractor as provided in Section 102.5- § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as am described for the Contractor in Section 3.14. § B.3 Owner's Right to Clean Up TFe dispute arises among the Contractor, Separate Contractors, and the Owner as to [he responsibility under <heir cspective contracts for maintaining the premises end surrounding a a free from waste materials and nebbish, the Owner may cleav up avd the Architect will allocate [he cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § ].1 General § ].1.'I Changes in [he Work may be: accomplished aRc� execution of the Contract, and without invalidating the Connacq by Change Ocdeq Constmcdon Change Directive or older for a minor change in the Work, subject m the limitations stated in this Article ]and elsewhere in Hie Contract Documents. § ].1.2 A Change Order shall be based upon agreement among die Owner, Contractoq and Architect- A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreetl to by the Contractor. An order for a minor change in the Work may be issued by [he Arohi[ect alone. § ]A.3 Changes in the Work shall be pertbnned under applicable provisions of the Contra[[ Documents- The Contractor shall proceed promptly with changes in the Work, unless othmwise provided in the Change Order, Constmction Change Dueclive, or order for a minor change in the Work. § ]1.4 IF notioe of any change affecting Hie gcn rat scope of Hie Work or the provisions of fhe Contract Documents (including, but not limited to, Contract Sum or Contract Times) is required by the pro ons o{ any Bond to be given [o a surety, the giving of any such notice will be Contractor's responsibility, and the mourn of each applicable Bond will be adjusted accordingly. § zz change oraere § ].2.'I A Change Order is a written instmment prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: A The change in the Work; .2 The amount of the adjnstmenq if any, in the Contract Sum; and Init AIA povumant A2OY-20t]. CalrydBht® 19t t, t9t6. tBtB, t926. tB3r, tB6t, t9s8, t86t, t883, t988, tBTO, t8T6, 18W, t9BJ. 2009 anG 2019 by The Amelicen Institute o1 Ambaecta. All tl9hla raearvatl. Th¢ "American Inalllule otAmMl¢cls: 'PIA: the AIA La9o.'A201.' enO'AIA Contend Occumenls' era js I No.IB 4362r13> which a:pl asyon OB/29M021i1s not Po�eeella. Is IlcenaeG br toe lima u a�wly�, nIE me� my ba usee� n8acwcitla cle�wlm Iha AIA Cn raC[ (t09980>t>O) .3 The extent of floe adjmstmenq if any, in the Contract Time. $ 7.2.2 Notwitfistanding the foregoing, no change in the Contract Snm requiring additional c mpensable Work to be pertbrmed, which Work c s the aggregate a ut payable under the Conu�act Documents to exceed the amount appropriated for the original Contract Documcnts�shall be valid, unless Ownv� gives Contractor written assurance that lawful appropriations to cover the costs of the additional Work have been made and chat [he appropriations are vailable prior to pertonnance of the additional Work, or unless such Work is covered under aremedy-granting provision in the Contract Documents. § 7.3 Conatruetlon Change Dlrectivea § 7.3.1 A Construction Change Directive is a written ordm� prepared by the Architect and signed by the Owner and Architecp, directing a change in the Work prior [o agreement on edjusnnenq if any, in the Contract Sum m� Contract Time, or bola. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of dte Convect consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjv[sted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 if the Consnvetion Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance ofa lump sum properly itemized and supported by Buff cient substantiating data to permit evaluation; .2 Unit prices s[et¢d in the Cmrtract Documents or subsequendy agreed upon; .3 Cost m be deierTnined in a manner agreed upon by the parties and a mutually acceptable fixed or pwoentage { e; o .4 As provided in Section 7,3.4. § 7.3.4 if the Connacor does not res➢ontl promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjusmaent on the basis of reasonable expenditures and savings of those performing the Work anributablc m the change, including, in case of an increase in the Contract Sum, an enaount Eor overhead and prof[ as set forth in the Agreemenq or if no such amount is set ford[ in the Agreement, a reasonab lc amount In such case, and also under Section 7.3.3.3, the Contractor shall keep and presenq in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the pwposes of this Section 7.3.4 shall be limited to the following: .t Labor retes, including applicable payroll taxes, £ring¢ benefits r¢quired by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipmen4 including cost of hensportation, whether incorporated or onsunied; .3 Rental races of machinery and equipmenq exclusive of hand tools, whether rented from the Contractor r others; .4 Premium rates £or all bonds and :nsurance, permit fees, and sales, use, of sunilar taxes, directly related to the change; and .5 Costs of labor rates of supervision and field office persormet directly attributable m the change. $ 7.3.8 If the Contractor disagrees with the adjustment in the Connect Time, Hte Contractor may make a Claim in accordance with applicable provisions of Article I5. § 7.3.8 Upon receipt ofa Construction Change Directive, dte Controctor shall promptly proceed with the change in the Work involved and advise the Architect of the Contrecmr's agreement or disagreement with the method, ifany, provided in the Conshvc[ion Change Directive for decervrining the proposed adjustment in the Contract Smn or Contract Timc. § 7.3.7 A Construction Chang¢ Directive signed by the Convector indicates [he Connector's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreemmt shall be effective immediately and shall be r¢corded as a Change Order. ln[t. n. Thla tla c ant w a producetl by�AlA sollwe�e et l ] �38:35 ET an 1 O/OB/2020 unGar OrGe Z4 n09/29/2021 � is not formazala. Is Ikenaetl (or aIw-time use only. an0 may only ba ueatl In accortlanca waM1 Iba AIA Conbact To sport copy,iBFl Nolatlons. o-mell wpyrlBbt�aia.arB. t1099aOJ'IJO) § ].3.8 The amomu of credit to be allowed by the Contractor to Hie Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions a vowed in a change, the allowance For overhead and profit shall be figured on the basis of net increase, if any, with r aspect to that change. § ],3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Conshvction Change Directive in Applications for Payment The Amhitect will make a mterim detcrminatioav for purposes of monthly certification for payment for those costs and certify far Vayment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disaglne and assert a Claim in accordance with Article 15. § ].3.10 When the Owner and Contractor agree with a determination mad¢ by the Architect concerning the adjustments in Ute Contmct Sum and Contract Time, o otherwise reach agreement upon the adjustments, s tch agreement shalt be effective immediately and the Architect will prepare a Change Order. Change Orders may be Issued for all or any part of a Construction Change Directive. § ].4 Minor Changes in the Work The Architect may order min changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or a xtension of tfie Contract Time. The Architect's order for minor changes shall be in writing, if the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Conttactor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect's order for a minor change without pd notice to the Amhitect that suck change will effect fhe Contract Sum or Contract Time, the Contractor waives any adjuavneni co the Contract Sum or extearsion of the Contract Time. § ].5 Authority to Approve Changes. Any other provision of the Contract Documents notwithstanding, for purposes aFthis Article ], and only for purposes of this Article �, the term "Owner" shall have the Following meaning with respect m the approval and execution of Written Amendments, Change Orders and Construction Change Directives. § 9.5_1 With reaped to any Written Amendmenq Chang¢ Order r Work Change Directive that results in an increase in the Contract Sum of an amount equal to five percent (5%) or less of the Contract Sum, the department director who has responsibility for the Pa jeer may act as "Owner•' with respect m the approval and execution of such Written Amendment, Change Order or Construction Change Directive up to and until such time as the tout dollar amount of all Written Amendments, Chauge Orders and Construction Change Directives exceeds Tcn Thousand Dollars ($1Q000.00), at which time such Written Amendment Change Order r Construction Change Directive shall be subject to approval and execution pursuant to the provisions of the £oolowing subparagraph ].5.2 § Z5.2 With respect to any Written Amendment Change Order or Construction Change Directive that results iv an u the Contract Sum of au amount greater than live percent (5^ o) but leas than ten percent (1 O%) of the Contractt5um, the Town Manager may act as "Owner" with respect m Hae approval and execution of such Written Amendment Change Order or Construction Change Directive up m and until such time as the total dollar amount of all Written Amendments, Change Orders or Construction Change Directives exceeds Filly Thousand Dollars ($50,000.00), at which time such Written Amendment, Change Order or Construction Chang¢ Directive shall be subject [o approval and execution pwsuam to the provisions of Ote following subparagraph ].5.3 § Z5.3 Widv a-espect to auy Written Amendmmq Chang¢ Order or Covstmction Change Directive [ha[ results in an ncrease in the Contract Sum of an a unt equal to or greater than ten pemen[ (I O %) of the Contract Price and further, with respect to any Written Amendmenq Change Orden- or Conshvetion Change Directive that results in any increase in [he Contract Senn when the total a unt o£all Written Amendments, Change Orders or Consnvction Change Directives exceeds Fitly Thousand Dopers ($Sg000.00) the Town Board oFTrustecs shall act as "Owner" with respect to the apVroyai and execution of such Written Amendment Change Order or Construction Change Directive. § Z5.4 Nothing within this paragraph ].5. or any subparagraph thereof shall prevent the Town Board ofTmstees from acting as the "Owner" with respect to fhe approval and execution of any Written Amendment Change Order or Init AlA poaumant A36to-26t>. CopytlBhtO t9t1. t919. 19ta. 1925.199>. 1951. 1959. t961. t969. 196a.19"lO.l9>6. 198>. 199>. 2nW antl 2nl>by TM1a AmeNcan lnatl Wlao(Amhllac[s. qI1 r19M1la,asarvad. TM1a'Ameticen lnsll Wra of ArchlbGs: "AIA: TC AIA La9a.'A28t,'antl'AIA Conbac[nocumenla"a,e $5 ( No.18t4362T 3> wltich axpi as un 08/29/4g21'lla nd tormeaell e. Is IlcanssO (arnone®Ilene use only, entl m®y only ba us�etl Inaaawtlanca wah tha AIArCon rod Oowmanlss Tarma of Sanrica. To rapoN capyNgM Ndallons. a -mall copytl9h[((gela.orp. Usar Nnla s: (tg8T80]1>O) Construction Change Directive of airy amount whatsoever; it is the intent of this paragraph �.5. and the subparagraphs hereof only to authorize the department director who has responsibility for the Project and the Town Manager, in die abse of Towv Board of Traatees approval and a ecutioq [o eppmve end execute certain Written Amendments, Change Orders or Construction Change Directives uatder [be circumstances detailed above. § �-6 Claims for Change to Contract Sum, The Contract Sum may only be changed by a Change Order or by n Written Amendment Any claim For an adjustment n the Contract Sum shall be based on written notice ddivcred by [hc patty making the claim to the other parry and to Pu�chitect within dtc time specified in Article IS . Notice of dte amount of the claim shall be accompanied by daintent's written statement Utat the adjitsnnenf claimed covers all katown amounts to which the claimant is entitled as ult of said o ant- All claims for adjushnent in the Contract Sum shall be determined in accordance with Arcide I5 if Owner and Contractor cannot otherwise agree on the amount involved. No claim for an adjustment m the Contract Bum will be valid if not submittetl in accordance with this paragraph and Article I5. ARTICLE 8 TIME § 8.'I Oeflniliona § 8.'1.'I Unless otherwise provided, Contract Time is [he period o£ time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.'1.2 The date of commencement of the Wark is the date established in the Agrcemem- § 8.'1.3 The date of Substantial Cmnpletion is the date established in the GMP Amendment- (Parngrnyh deleted) § 81.4 The date of Final Completion is the date established in the GMP Amendment. § 8.1.8 The term '•day' as used :n d.e Conn'act Documents shall mean calendar day unless o[hcrwise specifically deFned. § 8.2 Progress and Completion § 8.2A Time littdts stated in the Contract Documents are of the a Bence of the Contract By executing the Agreement, the Contractor covfirms that the Cautract Timc is a reasonable period for performing the Work. § H.2.2 The Contractor shall not knowingly, a cept by agreement or instruction of the Owner in writing, commence the Work prior co the efTective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. (Pnrograyhs deleredj § 8.3 Claim for Change to Contract Times The Conu'act Times may only be changetl as allowed or permitted in the contract documents. Any Cla n for adjusnnent of the Contract Times shall be based on written notice delivered by the parry making the Claim to the other party and to Architect within the time specified in Article l5. Notice of the extent of the Claim shall be accompanied by else dairxraut's written statement that the adjustment chimed is dte entire adjustment m which the claimant has reason m believe it is entitled as a result of the occurrence of said event. All Claims for adjustment in the Contract Tim shall be detcmtined in ccordance with Article I5, i£Owner and Contractor cannot otherwise agree. No Claim for an adjustment in the Contract Times will be valid if not submitted in accordance widt the roquiremen[s of this paragraph g3 and Article 15. § 8.4 Time of the Essence. Atl time limits statetl in the Contract Documents are of the essence of the Agreement § 8.8 Delays and Extensions of Time § 8.5.1 !F the Contrectm� is prvventcd or delayed at any time in the commm�ccment or from completing any pert of the Work within [he Contract Times due to delay beyond the control of Contractoa the Contract Times will be extended in unt equal to the time lost due to such delay if a claim is made therefor in accordance with Article I5. Delays bryoad the control of Comractor shall include, but no[ be limited [o: (1) an act or neglect of cite Owner or Architect, of Intl. lET on 10/a a/Te2acuntlertOrtler 26 acca.Eancs with the O.IP Con4ac[ (1nW 6071➢0) mployec of tither, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, unanticipated adverse weather conditions documented in wordav with Section 15.1.62, o other causes beyond the Contractor's control or acts of God, epidemics, pandemics, govenvneut actions; (4)tby delay authorized by ttte Owner pending mediation and binding dispute solution; or (5) by other causes that the Connector asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine. Delays attributable to and within the control of a Subcontractor m' Supplier shall be deemed to be delays within the control of Contractor. § 8.5.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 Where Conhacmr is delayed due m action or inaction of Owner or by anyone for whom the Owner is legally liable, the Contract Times shall be extended in an amount equal to the time lost elm to s rch delay. Inn ent shall Owner be liable to Contracmq any Svvbcontmctor, any Supplier, any other person or organization, or to any surety for mployee or agent of any of them, for damages arising out of or resulting from (i) delays caused by o within the control of Contractor, or (ii) delays beyond the control of both panics i tcluding but not limited to fires, floods, epidem abnormal weather conditions, acts of God o acts or neglect by utility owners or other contractors pertorrning ocher work..This Section 83 does not preclude recovery of damages for delay by either party under other provisions o{ the Contract Documents ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 COMraci Sum § 8.1 A The Contract Svm is stated in the Agreemrnt and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Oocuments. § 9.1.2 If unit priors are stated in the Contract Documents or subsequently agreed upon, and if quantities originally ontemplated a naterially chattged so that application of such unit prices to the actual quantities cruses substantial inequity to the Owater or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Veluea Where the Contract is based o stipulated s r Guaranteed Maximum Price, [he Contractor shall submit a schedule of values [o the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the Form, and supported by the tlata rn substantiate its accuracy, required by the Architect This schedule, unless objected to by the Architect, shall be used as a basis frn reviewing the Contractor's Applications for Payment Any changes to the schedule of values shell be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may regm and uNess objected to by the Architecq shall be used as a basis { r reviewing the Contractor's subsequent Applications for Payments The Convector may revise [he initial schedule of values From time ro time when tfie actual costs and progress of the Work varies from the original approved schedule of values. § 8.3 ApplieeUons Tor Payment § 9.3.1 At least twenty days be{ r-c the date established for each progress payment (but not more often than once a oath), [he Contractor shell submit to [he Architect an itemized Application £or Payment prepared in accordance with the schedule of values, i{required under Section 9.2, for completed portions of the Work as of the date of the Application. The application shall be notarized, if required, end supported by all data substantiating the Contractor's right ro payment that the Owner or Architect require, such a copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retninage if provided for in [he Contract Documents. § 9.3.1.1 As provided in Section 23.9, such applications may include requests {or payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect but not yet included in Change Orders. § 9.3d.2 Applications for Paymeat shad not include requests for payment for portions of the Work for which the Contractor does sot intend to pay a Svbcovaactor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for sssbsequrn[ incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materiats and equipment suitably stored off the site at a location Init ales ooean.ent wzot+-zotT. copynvni Ameticen Inealu to o/ PmMtecla. All aBM1b / Nc.19t4362]t3]wFlG: expire ron 08/28F. Oacumantac Tmm¢ of Service. To �aport Uacr NMae: (10BJBOJ'I]O) 27 agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon mplience by the Contractor with procedures sells£ ctmy tv Hx Owner to establish the Owner's title tv such materials and equipment o otherwise protect the Owner's interest, end shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored of{ the site. § 9.3.3 The Contractor warrants that title m all Work covered by an Application for Payment will pass to the Owner no later than due time of payment, free antl clear of all liens. The Conrac<or Further wan'ants that upon submittal of an Application for Paymwt all Work for which Certificates for Payment have been previously is ued and payments ued f�om the Owmr shall, to the best of the Contractor's knowledge, infor.nation, and belief, be free and clear of 1 ens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, v�teriais, and equipment relating to the Work. § 9.4 CettlBetdas for Payment $ 8.4.1 The Architectwill, within seven days after receipt of the Cmttractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or C2) is uc m the Owner a Certificate for Payment for such amount as the Architect detevTnines is properly due, antl notify the Contractor and Owner of the Fvrohitecf's reasons Eor withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the wore Application for Payment, and notify the Contractor and Owner of the Architect's reason £or withholding ceniPcation in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Ceni£cate for Payment will constitute a representation by the Architect to the Ownev based n the Architect's valuation of the Work and the data in the Application for Paymenq that, m the boss of the Architect's knowledge, infornmtinn, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and chat the Contractor is anti sled to payment in the amount certiFed. The Foregoing representations ere subject to av evaluation of the Work Eor conformance with the Contract Documents upon Substantial Completion, to rosmlts of subsequent tests avd inspections, m correction of minor deviations F�om the Contract Documents prior [o completion, and to specific quell{cations expressed by the Architect. However, the issuance of a Certificate for Payment will not be a v-eprosentation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work: (2) r wed c nstmetion aadrods, techniques, sequences, or procedures (3) reviewed copies of requisitions received f�om Subcontrecrors and suppliers avd ocher data requested by Hve Owner to substantiate the Contractor's right to payment; r (4) made cxantinadon to ascertain how or for what pwpose the Comractor has used money prevtously paitl on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.SA The Architect may withhold a Certificate for Payment i whole or in pert, to [he extent reasonably necessary to protect dre Owner, if in Hre Architect's opinion the reptcsentallons to the Owner required by Section 9.4.2 catmot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contmctor and Owner as provided in Section 9.4. i . If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issm a Certificate £or Payment £or the amount fm� which the Architect is able to make such represwtations to the Owner. The Architect may also withhold a Certificate for Paymmrt oq because of subsequently discovered evidence, may nullify the whole or a pert of a Cersificate For Payment previously issued, to such eaten[ as nay be necessary in the Architect's opinion m protect the Owner from loss for which dac Contractor is resportsiblq including loss resulting From acts antl omissions described in Section 3.3.2, because o£ .1 de£ dive Work not remedied; .2 dtird party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable: to live Owner is provided by the Contractor: .3 failure of the Contractor to make paymwts properly m Subcontractors or suppliers for labor, materials or equipmasq .4 retie evidence brat the Work camtot be comp/sled For the unpaid balance o{ the Contract Sum: .5 tlmnage to Ute Owner or a Separate Contractor; .8 retie evidence that the: Work will not be completed within the Contract Time:, and that the unpaid balance would not be adequate to cover acme] or liquidated damages for dvc anticipated delay; or .] �epeated Failure to carry out the Work in accordance witla die Contract Documenas. § 9.5.2 When either parry disputes the Architect's decision regarding a Certifieam Eor Payment under Section 9.5.1, in wttole or in par[, that party may submit a Clainv in accordance with Article l5. InIL AlA poeummnt A20tm_201L CopYn9ht®tBtL t9t6. tBt8, t926.193], tB61, t968, t96t. 1963. t968,t9]0,19]B, 1B8]. t99 ], 200]antl 201]tby TM1a Amaltcen Inatltutm o(Ar Jtltmcta. All i1gMa resarveG. iha -Ama,lcan Ina[Itute of Atcblt¢c1a: -qIA." the AIA Loge,'A301,' and'AIA Con[2cl Oowman a,a jg f No.IBt9382]t3] wh ch a pl es an 09/29202t Ile not to rr re�sala. ISTllceneaO (ot oneetl eo ea putty AIA aoawere al t]:36:36 ET on t0/OB/2020 undo, Ortlar Ooeumentam Tormm or Barvlce. To report eopytlghl vloletlena, a -mall capydgM®ele.org. Y• antl may only be used In accordance with Ma Alq Con Vaet Umar Notam: (109]90]1]O) § 9.8.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.8.41f the Architect withholds certification for paymrnt under Section 9.5.1 .3, the Owner may, with Contractor's approval, which shall not be unreasonably delayed or withheld„ issue joint checks to the Concrector and to any Subcontractor or supplier to whom the Contractor Failed to make payment for Work properly perforated or material or equipment suitably deliv red. If dte Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application For Payment. § 9.8 Progress Payments § 9.BA Aflw� the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so Wolf Fy the Architect. § 9.8.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt ofpeyment from the Owneq the a nut to which dte Subcontrecror is emitted, reflecting per ntages actually retained from payments to the Contrector on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreemem with each Subcontractor, require each Subcontractor to make payments to Sub-subccntrecmrs in a similar mmmer. § 9.8.3 The Architect will, on request, fitmish to a Subcontractor, if practicable, information regarding perremages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions o{the Work done by such Subcontmcror. § 9.8.4 Tire Ow r has the right m request written evidence from the Contractor that the Contmctor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to famish such evidence within s n days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation fo pay, or to see m the payment of money to, a Subcontractor or supplier, except as may oiheawise be required by law. § 9.8.8 The Contractor's payments m suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.8.6 A Cati£cate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner sivall not constitute acceptance of Work not in accordance with the Contract Dacrunents. § 9.8.7 Unless dtc Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly perfonncd by Subcontrectors or provided by suppliers shall be held by the Contractor for those Subcontrnctors or suppliers who perFottned Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money m be plamd in separate account and not commingled with money o£the Contractor, create any £duciary liability or tort liability on the pert of the Contractor for breach of tmsq o entide any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided [he Owner has fulfilled its payment obligations under the Canfract Documents, the Contractor shall defend and indemnify the Owner finm all loss, liability, damage or expense, including reasonable atmmey's fees and litigation expenses, arising out of any lien claim o other claim for- payment by any Subcontractor o supplier- of any tier. Upon eipt of notice of a lien claian or other claim For payment, the Owner shalt notify the Contmctor. If approved by Ute applicable coutt, when required, the Conaactor may substitute a surety bond for the property against which tiro lien or other claim for payment has been asserted. § 9.7 Failure of Payment If ttte Arohitect does not issue a Certi£cate for Paymrnq fluough no fault o{ the Contractor, within s n days after receipt of the Contractor's Apptication for Paymenq or if dre Owner does not pay the Contractor within seven days after the date established iu the Contract Documents, the emoum ceititied by the Architect o warded by binding dispute resolution, then the Contracor may, upon s additional days' notice to [he Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and Init AlA pecumant AY01®-301]. CopyrigM1l®1B11,'1915. 1918.'1926.183].tB61. t96B, 1861. t963. 198B.1W0. 19]B. 196]. 199]. 200]antl 20O by Tba Ametican InaFluta o! pmnitac[s. All ,igirta i¢sarvad. Tas'Amancan Ina11W [s of A,cM1ltads: 'AIA,' IM1a AIA Logo. ^A201.' antl'AIA Conlmct Oacumenla' era 29 / No.i9t9362]13] whicp ezplmsyon OB/29/20B1i1a not (orm¢aella, le Icanaetl tornooe Ilene uea anlyy nIE may only ba usae� n5 Ec�oa ^O�O�i11b �M1c PAAr Wn �ed (t0g]804 V0) the Contract Sum shal I be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus inmtnst as provided for in the Contract Documents- § 9.8 Subatantlal Completion $ 8.8.'1 Subsmntial Completion is the stage iu the progtnss of the Work when «ve Work or designated por«on thereof is ufFic ntly complete. in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. $ 9.8.2 When the Connractor considers that the Work, or a portion thereof which the Owtter agtnes to accept separately, is substantially complete, the Contractor shall prepare and submit m the Architect a comprehensive list of items to be completed or corrected prior to Snal payment- Failure to include an itnv on such list does not alter the responsibility of dvc Coutractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's lisq the Architect will make an inspection m determine whether the Work or designated portion [hereof is substantially complete. If the Architect's inspection discloses any item, whether or not vcluded on the Contractor's lisq which is not su££c:ently complete in accordant¢ with the Contract Documents so chat the Owner can occupy or utilize the Work or designated portion thereoT' for its intended use, the Contractor shall, before issuance of the CertiFwte of Substantial Completion, complete or con ect such item upon notification by the Architect- In such case, «ve Contractor shall then submit a request for another inspection by «ve Architect to determine Substantial Completiou. § 9.8.4 When the Work or designated poreion Hereof is subsmntially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibil hies of the Owner and Contractor For security, maintenance, heat, utilities, damage to the Work and in e; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. W a Tansies mquitrod by the Contract Documents shall cotuntence on the date of Substantial Completion of Hve Work or designated poreion Hereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.8 The Certificate of Substantial Completion shall be submitted ro the Owner and Contractor for their writteu acceptance of responsibilities assigved ro them i + «ve Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying m the Work or deaignated poreion thereof- Such payment steal I be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.8 Partial Occupanry or Use § 9.9.2 The Owuer may occupy or use any completed or partially completed portion of the Work at any stage when uch portion is designated by separate agreement with «vc Contractor, provided such occupancy or use is consented [o by the in and authorized by public authorities having jurisdiction over [he Project Such partial occupancy or use may comm nee whether or not the portion is substantially complete, provided the Owna� and Contractor have cepted in writing dhe responsibilities assigv¢d to each o£them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work end insarauce, and have agreed iav writing coviceming the period for conroction of the Work and cottunncemen[ of w¢n�anties required by the Contract Documents. When the Contractor considers a portion substantially completq the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of [he Contractor to partial occupancy or use shall not be unreasonably withheld- The stage of the prngresa o{ the Work shall be: determined by written agremnent between the Owner and Contractor ar, if no agreement is reached, by decision of the Architect. § 9.8.2 Lnmediately prior to such partial occupancy or use, the Owner, Conracor, and Archicect shalt joiu«y inspect the area to be occupied or portion of the WorK to be used in order m determine and record He condition of due Work. § 9.9.3 Utdess otherwise agreed upon, partial occupancy or use ofa portion or portions of due Work shall not constimtc acceptance of Work not complying with the requirements of the Contract Documents. § 9.20 Final Completion and Final Payment § 9.28.9 Vpon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon eipt ofa Fnat Applicatiou for Payment the Architect wilt promptly make such inspection. Wbm tive Architect finds He Work acceptable under the Contract Documents and He Contract fully performed, the Architect will promptly Issue a final Certificate for Paynvent stating that to the best of the Architect's knowledge, information and belief, and ION- a..aa�a,. isui:.�a or'A.�ro�a�i�. nli is„i. asa.Vae'rne-wn,ee��isln ie or n:�niie�ia: �-aiti- u.a Aire i�o. -ii'ai ='a a =nw ceni.aol oor..maols= a.e 30 / No.�9143a2]13] which axtl Imayon n9/29/2021! Is no[ b�¢sela. Is acorn sad fo. area® Imo use on by qlA aoltwe.a at l ]:36:36 ET on l Wga/2020 untlar Ortler Oocumanra^Tams of Sarvlca. To .opart mpynghl vlola[iona. a -mall mpydgM®ala.o.g. y' end may only ba ueatl In acwrGenca wilb the AIA CaMred Ilaax Netaa: (l09]agrlr0 n the basis o£the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Oocumenra and that the entire balance found to be due the Contractor and noted in [he final CertiRcote is due and payable. The Architect's final Certificate for payment will constimte a tivrtiver representation that conditions listed m Section 9.10.2 as precedent to the Contractor's being entitled ro final payment have been mlfilled. § 8.70.2 Neither final payment nor any re mg retained percentage shall become due until [he Contractor submits to the Architect (I) an affidavirdtat payrolls, bills Eor materials and equipment, and other indebredness connected with the Work For which the Owner or the Owner's property might be responsible or encumbered (less amounts withheltl by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance requited by the Contract Documents to remain in force after final payment is ently i effect, (3) a ritten statement that the Contractor knows of no r n that the in will not be renewable to cover the period required by the Contract Documents, (4) consent of sw�ety, iF any, to final paymenq (5) docvamentation of any special warranties, such ns manu£acturers' warranties or specific Subcontractor warrmuies, and (6) i£requit-ed by the Owneq other data establishing payment or satisfaction o£obligations, such as receipts and tnleases and waivers of liens, claims, s rity inxerests, or mbrances arising out of the Contract, to the extent and in such £orm as may be designamd by the Owner. If a Subcontractor refuses [o Furnish a release or waiver required by the Owner, the Contractor anay furnish a bond satisfactory m the Owner m indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied aftea- payments arc made, the Contractor shall retlmd to the Owner all money that the Owner may be c mpelled fo pay in discharging the lien, claim, security interest, or encumbren ncluding all costs and reasonable attorn¢ys' fees. § 9.t0.3 If, after Substantial Completion of the Work, final completion thereof is mamtially dciaycd through no fault of the Contmctor or by issuance of Change Orders affecting Rnal c mpletion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Amhirocq and without terminating the Contract, make payment of Hte balance due for twat portion of tive Work fully complctcd, corrected, and accepted. If the r maining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Doc vets, and iF bonds have been famished, the written c nt of the sw-ety to payment o£the balance due for that portion of ih¢ Work (tally complctcd and accepted shall be submitted by [he Contractor (o the Amhitect prior m certification of such payment. Such payment shall be made order terms and conditions governing Rnal paymenq except that it shalt not constimte a watver of Claims. § 9.t 0.4 The making of final payment shall c nstimtc a of Claims by the Owner except those arising f�om .t lie s, Claims, security interests, or encumbrances arising out of flue Covtract and unsettled at the time of final payment .2 failure of the Work [o c mply with the requirements of the Contract Documents: .3 latent defects in Hte Work; .4 terms o£ special warranties requ red by the Contract Documents; or .5 audits performed by the Owuegtif permined by fire Contract Documents, after finat payment. § 9.t0.5 Accepcanm of final payment by the Contractor, a Subcontractoq or a supplier, shell constimte a waiver of all claims by that payee except [hose previously ttwde in writing and idmuified by drat payee as unsettled at the time o£ final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § tO.t Safety Precautions and Programs The Contractor shall be r¢spo Bible for initiating, maintaining, and supervising all safety precautions end programs in connection with the perFatTnance of the Contract. § t0.2 Safely of Persons and Property § t0.2A The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to pr¢ven< damage, i jury, or loss to .t employees on the Work end other persons who may be afT cted [hereby; .2 the Work and materials and equipment m be in orpomted therein, whether in storage on or off elv¢ site, under care, custody, or control o£ the Contractoq a Subcontracmv or a Sub-subconn�acmr; and .3 other property at the sit¢ or adjacrnt thereto, such as trees, shnibs, lawns, walks, pavements, roadways, su-ucmres, and utilities not designated For removal, relocation, or replamment in the course of constmction. inn. User Notaa: .at ha .,:aa wmnm aarmlaalon. Tnm aonamant wan araaaoaa av AIA aottware at . oaaetzort. la not mr resale. la manage ror ono-nma aaa onir. ana mar only sa To radon cooY/Inhl Nolaaonn. a -mall cocYa9ht�ala.oM. (109>aU>1>O) 3t § 70-2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, Hales and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable saf guards for safety and protection, including posting danger signs and other warnings against hazards; Vromulgating safety regulations; and notifying tine owners and users of adjacent sites and utilities of the saf guards. § 10.2.4 When use or smrage o£explosiyes or other hazardous materials or equipment, or unusual methods arc supera,y for execution of the Work, the Connector shall exercise utmost care and cant' on such activities under vision of properly quelifi ed personnel. § 10.2.5 The Conm�ec[or shell promptly remedy damage end loss (other than damnge or loss insured under property e required by the Contract Documents) to property ref rred to in Sections ] 0.2. L2 and 10.2. 1.3 c sad in whole or is part by dte Contractor, v Subcontractor, a Sub-subcoutractoq or anyone directly or indvectly a nployed by any of them, or by anyone { r whose acts thry may be liable and for which the Contractor is responsible under Sections 10.2. L2 and 10.2.1.3. The Contractor .nay make a Claim for the cos[ to r medy the damage or loss to the extent such damage or loss is attributable to acts or mnissions of the Owner or Archimct or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.1 g. § 10.2.6 The Conn�actor shell designate a responsible nvember of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be tlm Contractor's superintendent unless otherwise designated by [he Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the constrttction or site to be loaded so as to cause damage or create an unsaf condition. § 10.2.8 InJury or Damage to Person or Property if either party suffers injury or damage to peraon or property because of an act or omission of [he other patTy, or of othete £or whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide svffimctu detail to enable the ocher party to investigate due mutter. § 10.3 Flazartlous Materials antl Substances § 10.3.1 The Contractor, including any Subcontractor or anyone else for whom contrvctm- is responsible, is responsible for compliance with any requirements included i v the Contract Documents regarding hazardous materials substances, as well as any and all applicable federal, atatelor local laws relating to the protection of health, safety artd the environment £rom releases or threatened releases of hazardous substances or waste materials and/or governing the handling, u q gem ration, tmatment, storage, ecycling, transportation or disposal of hazardous or waste materials. if the Contractor encounters a hazardous material o substance uncovered a Baled at the site and not shown or indicated in Drawings or SpeciFlcations or identi tied in the Contract Documents [o be within [he scope o£ Work, and iF reasonable precautions will be inndequatc to prevent { reseeable bodily injury or death to persons resulting from a material o avbstavcq including but not limited to asbestos or polychlorinated biphenyt (PCB), encountered on the site by the Con[rmtoq the Contractor shall, upon r cognizing the condition, imuvediately stop Wm'k in tine affected area and notify due Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain [he services ofa licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material o substance is found to be present, to cause it [o be rendered harmless. Unless otherwise required by the Conu'act I Documents, the Owner shall famish in writing to the Contractor and Architect the names and qualifications of persons or entities who are [o perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or sa{ contaitvmcnt of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons'or eniitics Init Amehcan lnetlWla otAmMlecte. All tlgM1tar¢¢arvee�Tha'Ameecan lnstlW(cotivcM1ltada:T'AIA: the AlA Lopo.'A20t.•and •'AIA Gonlrad oo�....�.a: a.a 32 / No.19t4 62]l3] wM1ich ezpl.es ana09/29/3921 ,Is natllw ravel® le IcansaO for otn aelima ea onlyYanitl may only batus�aJ� nsa cco�daneag wLLh2Ma AIArC �eact Oommenteo Tams of Service. To report copyright vlaleaons, a -mail copWl9M1t�ala. o.g. Vser Notes: (ta9]9n]1]aj proposed by the Owner. if either the Contractor or Architect has an objection to a person or entity proposed by th¢ Ow q the Owner shall propose another fo whom [he Connector and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon wrinen agremvent of [hc Owner and Contractor. By Civatvge Ordeq the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional casts of shutdown, delay, and start-up. § 10.3.3 .[reserved] § 70.3.4 Contractor shall indemnify, defend, and hold harmless the Owner and any of its officers or employees from and against any claims, damages, losses and expenses, including but not limited to atmrneys' fees, arising out of relating to: (1) any environmental contamination or pollution or threatened contamination or pollution arising out of any release or threatened release of hazardous materials or substances brought to the site by Contractor, Subcontractor, Suppliers or anyone else for whom Contractor is esponsible into the Enviromnent, e n if such materials or substances are required by the Contract Documents; provided that any such claim, loss or expense is due to the fault or negligence of the Contractor, its Subcontractors, or persons or entities { r which they are responsible in th¢ use and handling of hazardous materials or substances required by the Contract Documents, or in the performing of any Work that is outside the scope of Work or contrary to applicable federal, state or local laws relxting to the protection of health, safety and the mviromnent from releases or dvreatened releases of hazardous substances or waste materials and/or governing the hurdling, use, generation, u-eatmmq smragq recycling, vansportation or disposal of hazardous or waste materials. (Paragraph deleted] § 10.3.6 If; wi[ttout negligence on the part of the Contractoq the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor far ail cost and expense thereby incurred. § t0.4 Emergencies In an emergency affecting safety of persons or property, [he Cootractor shall acq at the Contractor's discretion, to prevent threatened damagq injury, or loss. Additional compensation or extension of time claimed by flue Contractor on account of an emergency shall be determined as provided in Puticle I5 and Aaticle 9. ARTICLE 11 INSURANCE AND 60NDS § 1t.1 Contractor's Insurance antl Bonds § 1t.1.1 The Contractor shall purchase and maintain insurance of the types and livrits of liability, containing live endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contracor shalt purchase and maintain the required insurance from an in a company or msm�anc¢ companies lawfully authorized to issue insurance in the jurisdiction where the PS ject is located- The Owncq Architecq and ArchitecPs consultants shall be named as additional insureds under the Contractor's comrttercial general liability policy or as otherwise described in [he Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such tenna and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies IawPolly authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the r¢quest of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly fvmish a copy of the bonds or shall authorize a copy to be firrttished. § 17.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. W itivin three (3) bvsiansa days of flue date the Contractor becomes aware of an impending or actual cancellation or expirecion of any insurance requited by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or neural cancellation or expiration- Upon eipt ofnotice f�om the Contrauoq the Owner shell, unless the lapse in coverage s f-om mt act or omission of the Owner, have the right to stop the Work until the laps¢ in coverage has been cured by the Init AlA pocument A20Y-3B1r. CopyrlBM®1811. 1Bt5.'191 B. 1925,'I B3 r. 1861. 1956.186'L'1863. tBB6,'IBTO. 1Br6. 198], 199], 200J antl 201r by Th® Amalicen InaUtuln of AreM1Nada. All tlgbta reearvatl. TM1a'Amarlcan Inslltura or AmM1lrecra: 'AIA: IM1e AIA LaBo. "A2o1/' and -AIA Connect nocumanrs' are .f.3 t Np1B163a2J13T wM1 ch axplma oo B9/29Y202L le troll for relsele, Is IlcaneaO Por onaetlma u e�onlyy nitl m� my betue�ad� nsaecdd neceaw�baha AIArCannact (10B]BBJ1J0) procurement of replacement coverage by the Contractor. The Tumishing of notice by [he Couvactor shall not relieve the Contractor of any contracmal obligatirnn to provide any enquired coverage. § 1t.2 Owner's Insurance $ t 7.2A The Owner shall purchase and n main i of the types and limits of liability, containing «ne endor cots, and subject to the terms end conditionsa as described in the Agreement o elsewhere in the Contract Documents. The Owner shall purchase and m main the required insurance from an insurance c npany or insw ant¢ companies lawfully authorized to issue insurance in the jurisdiction where the Project is located�r § 1t.2.2 Failure to Purchase Required Properly Ineurenee. [f [he Owner fails to purchase and maintain the required property insurance, wah all of the c ages and in the a nts described in the Agreement or elsewhere in the Convect Oocuments, the Owner shall inform the Contractor in writing paior to c cot o{ tive Work. Upon receipt of notice from the Owner, the Couvactor may delay comnvencement of tbenWork and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Convect Time shall be equitably adjusted. in the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent «ne loss to the Owmr w uld have been c red by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Chaugc Order. If the Owner does of provide written notice, and the Contractor is damaged by the failure o neglect of the Owner co purchase or intain the required insurance, the Owner shall reunburse the Contractor £or all reaxonable costs and damages attributable thereto. § N.2.3 Notiea of Caneellatlon or Expiration of Owner's Required Property Insurance. Within three (3) business days of the dam the Ownrr becomes aware of an impendinK or actual cancellation or expiration of any property insurance rcquucd by «ve Convect Documents, the Owner abaft provide notice to the Contractor of such impending or actual cancellation or expiration. Unless clue lapse i erage arises from an act or omission of the Contractor: (1) clue Convector, upon receipt of notice £rom [he Owner, shall have the right to stop the Work until ehe lapse in coverage has been cured by the procrv-emmt of replacement coverage by caber- the Owner or the Contractor; (2) the Contract Time and Convect Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Convector, Subconvactorre, and Sub -subcontractors to the extent any loss to ehe Owner would Nave been covered by clue insurance bed it not expired or been cancelled. If the Couvactor purchases replacement coverege, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. Tlvc Ravishing of notice by the Owver shall not relieve the Owner of any contracmal obligation fo provide required insw once. § tt.3 Waivers of Subrogation § tt.3A The Owner end Contractor waive all rights against (I) cacti other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other, (2) the Architect and Architect's consultants; and (3) Seperete Contractors, i£auy, and avy of their subcontractors, sub -subcontractors, agents, and employees, for damages sad by fire, or other causes a£ loss, fo the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have [o proceeds of such e. The Ow r Contractor a appropriate, shell require similar written w n favor of the individuals nd entities identified above from the ArUnitect. Architect's c ultanis, Separate Contractors, subconractors, and sub -subcontractors. The policies o£ insurance purchased and maintained by eeciv person o entity agreeing to waive claians pursuant to dvis section t 1.3.1 shall not prohibit this waiver of subrogation This waiver of subrogation shall be effective es to a person or entity (i) e n though that person or entity would otherwise have a duty oFindemnification, ontracmal o otherwise, (2) even though that person or entity did not pay the in a premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § t t.3.2 I£ during the Pr jeer conswction period the Owner insures properties, reel or personal or both, at or adjacent to the site by property insurance under policies separate Rrotn rhos¢ in mg «ve Project, o if otter final payment property insurance is to be provided on the completed Pavject tluvugh a policy or policies orher than rhos¢ iv surfing the Project during the construction period, co <he extent permissible by such policies, the Owner waives all rights in accordance with the [eons of Section 1 1 .3. I for damages caused by Rr-e or other causes of loss covered by this separate property insurance. § tt.4 Loss of Use, Buslnesa Interruption, and Delay in Completion Insurance Inl4 q,,, e,lcan Ina[itula o! AmM[ecra. All tl9hta reaervaE � The "Amariran In e e -'AIA: Ta < ,adama,ks and n or be uaa,1 wllhoul permiselon. Thl¢ tlocumant was proaucatl by AIA / No.9t4362Tt3T whlM expires on 09/29/20311¢ nal ror resale, la Ifvansa0 far one -rime uaa only. entl nmumanlaa Terms of Sarvlca. To report eopYrl9ht vlalallona. a -mall copydahl®aia.org. V ear No[¢s: �_- 34 (t DaT 80TtT0) The Owner, at the Owner's option, may purchase and maintain insurance [hat will protect the Owner against loss of use of the Owner's property, or the inability to conduct noamal operations, due to fire o other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, dun: to fire or other hazards however caused. §t1.5 Ad)uatmant and Settlement of Insured Loss § 1t.5A A loss insured under the property insurance required by the Agreement shall be adjusted by the Named Insured as fiduciary and made payable to the Named Insured as fiduciary for the insureds, es their interests mny appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Named Insured shall pay the other insureds, their just shares of insurance proceeds received by the Named Insured, and by appropriate agrcements the Architect and Contractor shall make payments to [heir consultants and Subcontractors in silrailar § 77.5.2 The Ow rend Contractor shall agree o t the allocation of the insurance proceeds. If the Owner and Contractor reach an agreement as to She allocation of the insurance proceeds, then the Named tnaured shall settle the loss accordingly, and the Conuactor or Owner, as applicable, shall be bound by the settlement and allocation. Upon receipq the Named Insured shall deposit the inswrance proceeds in a separate a unt and make the appropriate distributions. If ne agreement regarding the allocation of insurance proceeds is reached, then the damaged Work shall be repaired and/or replaced by the Contrector and the insurance proceeds shall be applied to the costs of repair and/or replacement o{the Work. If the insurance proceeds are insufficient to compensate Contractor for the repair and/or replacement of the Work, or for other Connector costs associated with the loss, including but not limited [o costs related to stand-by or delay, then Owner and Contractor shall a cute a Construction Change Directive there{ r. Any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. ARTICLE t2 UNCOVERING AND CORRECTION OF WORK § 12.t Uncovering of Work § 72.tA If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contmct Documents, it musq if requested iat writing by the Architect, be uncovered foe tine Amhi[ect's examination and be replaced at the Contractor's expense without change in the Contrect Time. § 12.1.2 if a portion o£the Work has been covered [hat the Architect has not speci8celly requested to examine prior to its being covered, the Arcfiimct may request to see such Work and it shall be uncovered by the Connector. if such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum end Contract Time as may be appropriate. If such Work is not in ordavice with the Contmct Documents, the costs of uncovering the Work, and ttte cost of correctioq shall be at the Contractor's expense. § 12.2 Correction of Work § t2.2.t Before Substantial Completion The Contractor shall panmptly, as directed by Arehitecq either correct Work jetted by the Architect or failing to conform to the requirements of the Connate Documents, or if the Work has been rejected by the Architecq remove it from the site and [replace it with Wark that is not defective„ discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of comec[ing such rejected Work, including additional testing and inspections, the cost of uncovering and replacemevq and compensation for the Architect's services and expenses made necessary [hereby, shall be a[ the Contractor's expense. § 12.2.2 After Substantial Completion § t2.2.2.t in addition to the Contractor's obligations under Section 3.5, if, within one year aRer the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special waaenty required by the Contract Documents, any of the Work is found to be defective, such as not in conformity with the requirements of the Contract Documents, ttte Contractor shall promptly, without regard [o cause, and without cost to Owner, and in accordance with Owner's written instmctions: (i) coned such defective Wark, oq if it has been r jetted by Ownev remove it from the site and �eplec it with Work thax is not defective, and (ii) satisfactorily correct or remove and replace ¢ny damage to ocher Work or the work of others resulting therefirom. The Owner shall give such notice promptly after discovmy of the ondition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give [he Contrector an opportunity to make the correction, dtc Owner waives the rights to require correction by the Contractor Init AIA Document A201a-20t]. Gapytlght®19l'I, t9i5. 1910. 1923,193].i95'L i938. 1801. 1903. 1968.19]0. 18]8. 193]. t9W. 20O]antl 20l]by TM1a American Inall[uta orAmltllac[¢. All nghb reeerveE. Tba'Amerleen Inellluta of Archllecb: 'AIA: Iha q1A logo. 'A201: end'AIA Cantrad Uocumanta' am 35 / No.18t4332]13] which anplmayon 09R8/2021! n not (armaealla. Ie Ilcansatl (or onaellma um onlyyenld ma� my batuzaE InOaccoMe nm� N Iha AI ArCorntreU Oecumants^ Tarme o(Sarvica. To report copyright viola\Ions. a -mall capyaght�ale.org. Ucar Nataa: (108]30]1]O) and to make a claim for breach of warranty. If the Contractor fails to correct defective Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in ordance with Section 2.5, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (inchtding bot not limited to all costs of repair or replacement of work of otlrers) wi31 be paid by Contractor. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect [o portions o{ Work P s[ perforated after Substantial Completion by the period of time between Substantial Completion end the acNel completion o£tha[ portion of the Work. § T2.2.2.3 Where defective Work (and damage to other Work resulting thercfinm) has been corrected, rcmovcd or replaced under this paragraph 12.2, the conection period hereunder with respect to such Work will be extended f r en additional period of one (1) year after such conection or removal and replacement has bem satisfactorily completed, or for such longer period as agreed upon by the parties. § '12.2.3 The Convector shall remove frown «te site portions of the Work that are not in accordance with the requirements of the Conhact Documents and are neither con-ecMd by the Contracror nor accepted by the Owner § '12.2.4 The Contractor shall bear [he cost of correcting destroyetl or damaged consuvction o£ the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not in accordance with the requiretnev[s of the Contract Documents. $ t2.2.5 Nothing contained in this Section I2.2 shall be consnved to establish a period of limitation with respect to other obligations the Contractor has under « to Contract Documents. Establishment of the one-year period for correction of Work es described in Section 12.2.2 relates only m the specific obligation oFthe Contractor ro correct the Work, and has no relationship to the time wi«aha which the obligation to comply with the Contract Documents may be ought to be enforced, n r [o the time within which proceedings may be commenced co establish the Conuneror's liability with respect to the Contractor's obligations other than specifically to correct the Work- § 12.3 Acceptance of Nonconforming Work if, instead of requiring correction or removal and replacement of defective Work, Owner (and, Vrior to ArtltitecPs issuance of ftnxl Certiflcam of Paymenq pref rs to accept it, Owner may do so. Contractor shall pay all claims, costs, los and damages attributable to Owner's valuation of and determination to accept such defective Work (such costs to be approved by Architect as ro reasonableness). If any such acceptance occurs prior to Architect's issuance of final Certifycate of Payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to dte Work; and Owner shall be entitled to an appropriate decrease in the Contract Snm, and, if the parties arc unable m agree as to the a unt thereof, Owner may make a claim therefor as provided in Article 15. Tf the acceptance occurs after such Certificate of Paymenq an appropriam amount will be paid by Contractor to Owner - Such adjustment shall be effectuated whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROV1810N8 § 73.t Governing Law The Conn�act shall be governed by the law of the State of Colorado, and venue for any litigation arising under the Contract sball be in Weld Cotmty District Court. § '13.2 Successors and Assigns § 13.2.t The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13-2.2, neither party to the Connect shall a sign the Contract as a whole without written consent of the other. If either party attempts to make an assigmnent without such consent, drat parry shall neverdteless remain legally respoasib/e for ell obligations under the Contract. § 73.2.2 The Owner may, without consent of the Contracror, a sign the Contract to a lender providing constrnction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Conn'ac[or shell execute ell consents reasonably requved to facilitate rho a aignmmt. Init. mpart t1099Bn9190) KZ�' § 73.3 Rights and Remedies § 73.3.7 Duties and obligations imposed by the Contract Documents and rights and remedies available thervunder shall be in addition w and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 73.3.2 No scrim or failure ro ecf by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such ac«on or failure to act constitute approval of or acgniesoence in a breach thereunder, except es may be speciRcelly agreed upon in writing. § 73.4 Teets antl Inepectlons § 73.4A Tests, inspections, and approvals ofpmtions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful oMers of public authorities. Unless otherwise provided, the Cmtractor shall make arrangements for such tests, inspections, and approvals witiv an independent cestiltg laboremry or entity acceptable to the Owner, or with the appropriate public authoriry, and the Owner shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be presort for such procedures. The Owner shalt bear costs of tests, inspections, or approvals chat do not become regm rats until after bids are received or negotiations c tcluded. The Owner shall directly a ange and pay {or tests, inspections, or approvals whew building codes or appl treble laws or rogulations so require. n § 73.4.2 I£the Architecq Owneq or public authorities having juristlictiou determine that portions of the WorK requia-e additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization fi-om [he Owner, instruct the Contractor ro make an�engements for such additional testing inspection, or approval, by an entity acceptable to the Owneq and the Contractor shall give timely notice to the Architect of when and where tests and inspections are [o be made so that the Architect may be present For such procedures. Such costs, except as provided in Section 13.4.3, afiall be at the Owner's expense. § 73.4.3 If procedures for testing, inspection. or approval under Sections 13.4.1 end 13.4.2 reveal failure of the portions of«te Work to comply with requirements establisfied by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect's services end expenses, shall be at the Contractor's expense. § 73.4.4 Acquired certificates of testing, inapectioq or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 73.4.5 If «tc Architect is to observe tests, inspections, or approvals required by the Contract Documents, « to Architect will tlo so promptly and, where predicable, at the normal place of testing. § 13.4.6 Tesu or inspections conducted pursuant m the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 73.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from «re date payment is due at the rate the parties agree upon in ruing oq in the absence thereof, at the legal rate prevailing from time [o time at the place where the Project is locatedw ARTICLE 74 TERMINATION OR SUSPENSION OF THE CONTRACT § 74.7 Termination by the Contractor § 74AA if, thrrough no act or fault of the Contractor, a Saabcontractor, aSub-subcontractor, or their agents or employees, the Work is stopped £or a period o£ more than 90 consecutive days by Owner or issuance of an order of a Dort or other public (Paragraphs d¢/cr¢d) au«roriry, or because the Architect has not issued a Certificate for Paym nt and has not notiFed the Contractor of the n for withholding cerfiScation as provided in Section 9.4.1, or because rive Owner has not made payntcnt on a Certificate for Paym nt within the time stated in the Contract Documents, then the Contracmr may, upon seven days' wrium notice to Owner, end provided that Owner or Architect do not remedy such suspension or failure within that Init AIA Dowmant A30ta-30tT. Copyllgbtm l9tt. t815, l8ta. 1925. 183], tB51 t859, 1901. 1983. 1988. 19]0. 18]O. 199], t9W. 20W antl 20t] by Tne Amwlcen InatlWta o1 AICM[evta. All llBbta raaarvatl. Tba'Ameticen Inatitula of ArcM1itada,"AIA: Iba PIA Logo. ^A20t: antl'AIA Canlmd Oowman b' ere 3-� / No.19t9392Tt3T wM1 CM1 sapiens o009/29/2p21'Is nut twmesalla�Is Ooensetl (wnane�tlma usaco by AlAaotlwem at t]:36:35 ET on tO/OB/2020 untler ONer Dacumantav Tarma of 3aMca. To report copyrlgM1t vlolallona, a -mall copyrlgnt�gla.org. y' antl may aMy ba uaetl In accortlenw wIN lea AIA Canbad User Notaa: (t09T60]t]OJ time, elect to suspend the Work until payment of all such amounrs due Contractor, including interest thereon, or terminate the Contmct and recover from Owner payment on the same [eons as provided in Section 14.4.3 (PnrngroP/>s de/erect) § 14.2 Termination by the Owner for Cause § 14.2.t The Owner may terminate the Contract if the Contractor A repeatedly refitses or fails [o supply enough properly skilled workers or propel marorials; .2 £ails to make paym nt to Subconvactors or suppliers is ordance with the respective agreements between the Contracwr and the Smbcouvactors or Suppliers: .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders ofa public authority; .4 p¢rsist¢ntly faits to p¢rfotTn the Work it ordance with the Connect Documents; of .5 otherwise is guilty of substantial breechl of a provision o£Hle Convect Documents. § t4.2.2 When any of the reasons described in Section 14.2.1 a isq the Owner may, without Vt'ejudice fo any other rights or remedies of the Owner and after giving the Convector and the Contractor's surety, if any, seven days' notice. mrminate employment of the Contractor and may, subject to any prior rights of the surety: .t Exclude Fhe Connector from the site and take possession of all materials, equipment, tools, and nstruction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pwsuan[ ro Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, ube Owner shall furnish to the Connector a detailed accounting of the costs incun'ed by the Owner in finishing the Work. § t4.2.3 Wlten the Owaer mrminatea eh¢ Contract for ou¢ of tl[e reasons stated in Section 14.2. 1, the Contractor shall not be entitled to receive further payment until the Work is finished. § t4.2.4 I£ the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation For the Architect's services and expenses mad¢ n eery uhm'eby, and other damages i cd by the Owner and not exptvsaly waived, such c shall be paid [o the Contractor. Tf such costs end damages exceed the unpaid balance, xhe Contractor shall pay the difference to the Owner. The obligation to pay the amount to be paid to the Contmctor m- Owner, as dta case may bc, shall survive termination of llte Couvact. § 14.2.5 Whe ¢ Contracwr's services have been so terminaced by Owner, the termination will not affect Bny rights or nedi¢s o£ Owner against Contractor Chen existing or ihac may th¢reattm' accme. Any retention or payment of montas due Contracmr by Owner will not release Contractor firm liability. § 14.3 Suspenalon by the Owner for Convenience § t4.3.t The Owner may, at any time and without cause, order the Convector in writing to suspend, delay or interrupt the Work, in whole or in part, for a period of not more than ninety days by notice in writing to Contractor, whicM1 will fix the dace on which Work will be resumed. Convector shall resume the Work on the date so fixed. § t4.3.2 2 Contractor shall be allowed a adjustment in the Contract Sum or an extension o£ the Contract Times, o both, directly eth�ibuiabie to any such suspension under Section 143.1. Adjustment of die Contract Sum shall include profit. No adjustment shall be made to the extent A iha[ per£ormanc¢ is, was, ar w uld have been, so suspended, delayed, or mtetTupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied colder another provlsron of the Contract. § 14.4 Termination by the Owner for Convenianee $ 14.4.1 The Owner may, xt any time, witfiout cause and without prejudice to any other right or remedy of Owner, elect to [ermine[¢ the Contract for the Owner's convenience. § t4.4.2 Upon receipt of notice from the Owner of such [¢rmination for the Owner's convenient¢, the Contractor shall .t cease operations as directed by the Owner in the notice; .2 take actions necessary, or [bat the Owner may direct, for the protection and preservation of the Work; and Init AlA nncV moot g3pta-3O1>. GopYrl9hlO t9lt, tBtB, 19t6. 1928, t93], t95t. 198B, iB61. t963, t988, t9]O. t8]B, t98 ]. 19B]. 200]antl 20t] by The gma,ican InstlW[a ofAmbBads. All rigMa reserved. Tba -gma,ican Insllluta of Amhllema: "AIA: IM1a AIA logo. ^A201; anE'AIA Contract Oocumenla' me 3B raugislarotl Iradamarks antl may not ba used without pa,miasiory Thla tlocumant was proGucaO Ey AIA sollwa[e et l]:36:35 ET on l0/OB/2020 antler OrEer / 914382]13> wMch aapirea on O9/29/2O2L Ie not (Vr resale, is IleanaeG for one -lima uea only, enG may only De usatl In ecwrOenee wi0 Na PIA Contract sm Tarma of Sarvica. Ta repotl copyright NVlallVns, a -mall copytlgM�ele.oig. V ear Nnba: (IOWBOi I]O) .3 except for Work directed to be performed prior to the effective date oFierminatiou stated iv the notice. terminate all existing subcontncts and purchase orders and enter into no further subcontracts and purchase orders. § tA4.3 In case of such termination for the Owner's convenience, the Contractor shell be paid as follows: .l for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, includinK Fair and reasonable sums for overhead and pro{tt on such completed and acceptable Work; .2 for expenses sustained prior to the effective date of termination in perTonning services and furnishing labor, materials or equipment as requved by the Contract Documents in ection with completed Wock, plus tau and reasonable sums For overhead and profit on such expenses; .3 For all claims, costs, losses and damages incurred in settlmnatt of ta-minated contracts with Subcontractors, Suppliers and others; .4 for reasonable expenses directly attributable to termination; and .5 A termination f e in an amount equal to 2 % of the cost of any unpelionned Work as of the date of termination. Contractor shalt no[ be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting 8om such termination, any a tcd profit ar revenue an the unperformed portion of the work other than such amount as specified in § 14.4.3.5 nor any other type of consequential damages. ARTICLE 15 CLAIMS AND DISPUTES § t5.t Claims § t5.t.t Definition A Claim is a demand or assertion by one of the parties seeking, as a matter o{right, payment of money, a change in the Contract Timc, o other relief with respect to the terms of the Conhac[. The [eon "Claim" also inctudes other disputes and matters in question between the Owner and Contractor arising out of or relating m the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1 .1 does not require the Owner to f le a Claim m order io impose liquidated damages in accmrdance with [fie Contract Documents. § 15.1.2 Time Limka on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contracq whether in contract, mrt, breach of weaanty or otherwise, in ccordance with tfic requ cots of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law,. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section i5.1.2. § 15.t.3 Notitaa of Clalme § 15.1.3.t Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration ofthe period for correction of the Work set forth in Section 12.2.2, shal I be initiated by notice to the other party with a copy sent to the AmhitecL. Claims by either party undcc this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or wfdiin 2l days after the claimant Frst recognizes the condition giving rise to the Claim, whichever is later. § i S.t.3.2 Claims by either the Owner or Contractor, where the condition giving r e to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2$ shay be initialed by notice to the other peaty. § t5.t.4 Continuing Contract Performance § t5.t.4.i Pending final resolution ofa Claim, except as odherwise agreed in writing or as provided in Section 9J and Article 14, the Contractor shall proceed diligently widt performance of th¢ Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § i5A.4,2 The Contract Sum and Contract Time shall be adjusted it ordance with the direction provided by the Owner, subject to the right of either party to proceed in accordmcetwith this Article I5. The Architect will issue Certiticates for Payment in accordance with the direction provided by the Owner. Init AlA pocumant A2B1m_261]. CopWlght®t81 t.'IB16. 1918. 1929.t99].t96'L t968. 1861. 1HB3. 19B6.19]0. 19]8. 186]. 1H9'1. 2gg]antl 200 by Tha Amancan Ins9luta o(AmMtetla. All nghl¢ taservaE. Tha'Amarlcen Ins9ture M Amhita eta."'AIA." Pe AIA Log^. `A30t.` sn0 "AIA CanYad Uocumanta' era .,g registered 4atlama,ka entl may nol ba u¢atf wllhoul pemXaslon. Thla Cocumant was prcEucetl by AIA so9ware at 1r:36:36 ET on l0/96/2820 under OttlB/ / N0.914362]i 3] wM1ICM1 expires on B9/29/2B2t, le not lot resale, le IlcaneaO lot ono-llma use only, and may only ba uaetl In aaotOance vAlh [he AIA ConVacl pxumanles Tatme of Barvlce. To [sport copYtl9ht Nolallone. a -mall capytlght[($ele.otg. Uaar Notaa: (t9B]80]'1 ]O) § t5.f.5 Claims for Adtlitlonel Coat If [he Contractor wishes to make a Claim for an increase in due Contract Sum, notice as provided in Section 15. L3 shall be given before proceeding to execute clue portion of the Work chef is flue subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section id.4. § t5.t.6 Claims for Adtlitional Time § t5.t.6.t If the Contractor wishes to snake a Claim for en increase :n the Contract Time, notice as provided in Section 15. t.3 shall be given. The Contmctor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of n continuing delay, only one Claim is uecessary. § 15.1.6.2 If wventicipeced adverse weather conditions in excess of the Weather Day Allowance for the Project es specified in Section 23.2A of the Contract are the basis far a Claim for additional time, such Claim shall be dot nted by CPM schedule analysis substantiating that adverse weather conditions impacted a critical path construction activity in excess of the Weather Day Allowance for the Project . § 15.t.T Waiver of Claims for Consequential Damages The Contractor end Owner waive Claims against each other for consequential damages arising out of or relating to this Contract This mutual waiver includes A damages incm�red by the Owner for rental expenses, for losses of use, income, profiq Fnancing, bvasincss and reputatioq and for loss of management or employee productiviry or of [he services o£such persons; end .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed [here, for losses of flnanciag, business and reputation, and for loss of profit, except anticipated prop[ arising dimctly £rom the Work. This mutual w applicable, without limitation, to all consequential davnagea due to either parry's termination in accordance with Atticle 14. Nothing contained in this Section 15.1 .� shall be deemed to preclude assessment of liquidated daanages, when applicable, in accordance with the requirements of the Contract Documents. § t5.2 Direct Discussions § t5.2.t 1£the parties canna[ resolve a claim relating to or arising out of this Agreement, the parties shall endeavor to ach r olution through good faith direct discussions between the parties' representatives, who shall possess the necessary authority to resolve such claim and who shall rre old Hve date of Frst discussion. IF the parties' repro entatives are no[ able to resolve such claim within flue (5) business days aRer the date o£flrst discussion, [hc panics' represeutatives shall invmediately inform senior executives in writing that resolution was not achieved. Upon receipt of such notice, senior executives of the parties shall meet within Eve (5) business days to endeavor to reach solution. if the dispute rxrrraina unresolved otter fi ttccn (15) business days f-om the date of first discussion, the parties shall submit such matter to the dispute mitigation and dispute resolution procedures selected herein. (Paragraphs deleted) § t5.2.T In the went ofa Claim against the Contractor, the Owner may, but is not obligated to, notify the smnty, i£any, o£ the naurre end arnoun[ of the Claim. If the Claim relates to a possibility ofa Contractor's default, the Owner may, but is not obligated to, notify the surory and request flue surery's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is due subject of a mechsnic's Tien, Uve Vnrty assetting such Claim may proceed in accordance with applicable law to cwnply with the lien notice or filing deadlines. $ t6.3 Mediation § t 5.3.1 Claims, disputes, or other matters in controversy arising out of or related to [he Contract, a cep[ those waived as provided for in Sections 9.10.4, 9.10.5, and I5.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § t 5.3.2 The Varties shall endeavor [o resolve [heir Claims by mediation which, unless the parties nmtually agree otherwise, shall be administered by live American Arbitration Association i accordance with its current Consnvction Industry Mediatimt Procedures in effect on the date of the request for mediation A request for mediation shall be made m writing, delivemd co due ocher party [o the Contract, end £lad with the person or en<iry administering the mediation. Init. report copytlBFt v1o1a11one.ao-mall capytlght(�ala.o g us only. ana mar (tOOJeD]t J0) 40 The request may be made concun-mtly with the filing of binding dispute resolution proceedings but, in such a wq mediation shall proceed in advance of binding dispss<e resolution proceedings, which shall be stayed pending v mediation for a period of bo days £rum the date of filing, unless stayed for a longer period by agreetnent of the parties ourt order. If an arbitration is stayed pursueut m this Section I6.3.2, the parties may nonetheless proceed to the selection of the arbittxmr(s) and agree upon a sclvedub { r later proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolutimt of the dispute, demand in writing [hat the other party file for binding dispute resolution. if such a demand is made and the parry receiving the demand fails to Rle for binding dispute resolution within 60 days after rewipt thereof, then both parties waive [heir rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall shaac the mediator's £ee and any Fling 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 enforoeable settlement agreements in any court having jurisdiction thereof. The parties hereto shall and they hetreby do waivestrlal by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this ngreemenq or for dve enfomemen[ of any remedy under any stamtq emergency or otherwise. (Pnrographs deleted) toll AIp nocumant A301^-201>. Copy,ighl®19tt. 1916. t9tB� t926, tB3]. 186t, t960, t96t, t963. t968, 19T9, t9T6. t9BT. t99T, 2BOT anE 201T by TFe Ame,lcan Inati[ula of AmMlac[s. A11 tlgfrta maarvatl. TM1¢'Am¢rican Inalllula of AmM1llada: "AIA: tM1a AIA Logo. "A201: and'AIA Conlracl Oocumanfs' em 4•l �agiata,atl Irntlamarka antl may not b¢ uzatl vriB,out pa,mi¢aion. Tbia tloeumanl waa protlucaG by AIA eo0ware at t]:36:35 ET on t0/OB/2920 unGw ONet / No.9t430D13] which azpirea on 09/28/2821. la nol far resale. la Ilcanaed b� onetime use only, enG may only be ueeO In eccoMenca w11M1 tM1e AIA Conbed (tg9]BOTI]Oj AIA Document A133 - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Nome and address ar /nca/rn»J Ftres[One TOWn Hall Addi[IOn 8c RemOdcl AOOITIONS AND OELETIONB: I51 Grout Ave. rna autnor or [tas mcumant has Firestone, CO 80520 added Inrormatlon naetletl ror us mplatlan. Tha autnor may also THE OWNER: Hera raWsaa ma text of ma original Nome, !e I s/n/us and address ( 8n % AIA stanaara rorm. An Addmons and De/atlona Report tna[ Hulas added Informaaon as wall as raWslons to tna Firestono Town Hall atanaera rorm text le aragsbla from 15I Gmn[ Ave. tna autnor and should be rerlawad. A Firca[onq CO 80520 rartical Ilna in ins left margin of lhla as ant Inaroatas wnara ma a»mar THE CONSTRUCTION MANAGER: Has added necessary miormauon M me, /egd amnrs and address) antl where [na autnor nee addatl [o or dala[aa from [M1a original AIA text. Fransen Pittman Constaction Co., Inc. TMs tlowmant nes imponen[ legal 9563 8. Kingston Ct. saauanoas. conswtaaon wim a on n Englewood, CO 801 I2 attorney Is ancauragea wltM1 raped ARTICLE A.t to as wmplanon or moalacauon. § AA.t Guaranteed Maximum Price AIA Oowmant A2o'1 ^^-200], Pursuant [o Section 2.2.6 of the Agreemenq the Owner entl Constmction Manager hereby General contllUons of the contact end the Agavemcnt to establish a Guaranteed Maxianvm Price. As agreed by the Owner Por conao-umlon. Is aaopt¢a In Lma and Constmction Manager, the Guaranteed Maximum Price is an amount [bat the Contract aocumant by raTaranca. oo Hat use Sum shall not exceed. The Contract Sum consists of the Constmction Manager's Fee plus wun other general contlmgns unless dre Cost of the Work, as that term is defined in Article 6 of this Agreement. ants tlacumant Is moala¢d. § AA.t.t The Contract Sum is guaranteed by the Construction Manager not to exceed Six Million Five Huudred Nine Thaysand Three Hundred Ninety Oollata and Zero Cents ($6,509,390.00), subject to additions and deductions by Change Order as provided in [Ire Contract Documents. § A.1.7.2 Itemized Statement of the Guaanteed Maximum Price. Provided below is an itemized stamment of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Consnvetion Manager's Fee, and ocher items Hutt comprise the Guaranteed Maximum Price. (Provide below or reference an nnachmen/.J Refer to Exhibit F -Estimate § AA.t.3 The Guaranteed Maximum Plice is based on [he following aitemates, if any, which atro described in the Contract Oocuments and arc hereby a cepmd by the Owner: (Stare the numbers w� ar/rer ida•viJicntio» l n crP/ed n/tova»tes. !1./he Conn�nc/ Doc manta Pe.mrit d[c Owner m accept other niter-•varas snbsequen/ to Nye axecu/io•r ordris A •ne»dme»q nfmch n schedule lsvch o/her n//er•tmas shpsping t/re n»rourr/ltlr enc/r n•u/ /ha dote ashen the n»roenV espiras.J Refer to Exhibit G -Alternates InIG ,">' nu�i����'-o.iia?me Ai.i �osn a6a -anco.'i: �i oon�;�e�m=a.a.agiai:aa'o-aaa. ;a:is .`na ::per col na ;.�aa �:.:'u, �Yaa...ass�o� mis ao�:.;�a,:i wes�p.ea,:�ae t / maylonly be Usatlrin a�emr� tlanea rAg, IYM1a AIA Con Vaet tuwman� oaTerma o 9arrlee To9apoetgmpyrigbt rlolallnne, aemlvll oalpyrigM®ala.org [line uea only, and tsar Netaa: (19021 t99]t) § AA A.4 Allowances included in the Guarantced Maximum Price, if any: "� (ld¢n trfy a//orvo»re and state esclasiorrs. lnnJ', f"am the allowa»ce pr�cyJ Item Price (EO.00) Refer to Exhibit K -Allowances § A.t A.S Assumptions, iF any, on which the Guaranteed Maximum Price is based: ReE r to Exhibit [ -Clarifications § A.t A.6 The Guaranteed Maximum Price is based upon the Following SupPlementmy and other Conditions of the Con<ract Document Title Date Pages N/A § A.t.t.7 The Guaranteed Maximum Price is based upon the following Specifications: (Efther list 1/m spec jicaeorts h¢r.e, a r l r to an exhibit attached to this ASreernwa.) Refer to Exhibit E —Drawings @Specs Section Title Date Pages § A1.t.8 The Guaranteed Maximum Price is based upon [he Following Drawings: (Either 11st the Drawings here, o refer ro a» exhibit atmched m this Agremr¢nt) Refer to Exhibit E —Drawings 8c Specs Number Tills Dete § A.7.1.8 The Guaranteed Maximum Price is based upon the following other documents and infolTnatien: (Lisr any other doc»menu m� irzfonnation here, or r j r ro an ¢zhibii attached to this Agre¢merv.) Base Contract Agreement —AIA Document A133-2009 C as modified) A201-2007 General Conditions Exhibit A - A 133 GMP Amendment Exhibit B—Insurance and Bonds Exhibit C —Standard Tool end Equipment Rental Pricing Lis[ Exhibit D —Lobar Aates Exhibit E —Drawing a[td Specs Index Exhibit F —GMP Estimate Exhibit G — Altentates Exhibit H —Construction Schedub Exhibit I —Clarifications Exhibit J —Subcontractor Bid Tab Smrvnary Exhibit K -Allowances ARTICLE A.2 § A.2A The anticipated dace of Substantial Completion established by this Amendment Refer to Exhibit H -Schedule Init AlA noaumant A133"-2008 EzhIbItA. CapytlgM1t®198'1. 2003 entl 2008 by Tha Amarlcan lnatlWtaof ArcM1kads. All rlgM1ts ,asarvatl. TM1¢'Ama,Ican lnatLLutc of ArchllecK: 'PIP.' the AIA Lago, anG "AIA Contrail Documents' am raglabrea batlamarka and may not ba usatl wllhw[ permission_ TM1ia tlocumanl was p,utlucad .2 1 m PIP software at t3:59:48 ET on t0/00/2020 untlar Ortlar No.B14302]t 3] wbicb axpbae on a8/28/2021. Is no[ for resale. is Iicensatl for one -keno use only. anJ ay only be usatl In eccortlenca wltb the AIA Contract Oocumanlea Tarma of 5ervlca. To ,apon cppyrlgb[ NdaOona. o—mail copyrigM�ala.org. User Notaa: ('146211B4]1) iSGlflu� L�:� ca,�P.L name e ve tole ....-.....__...e....-..__—___"__.........._,..>.n...._.ee.._.,.... a.... __..e .,, ...e,....e.._a.. NCMtegs,"AIA; IFe AIA Logo, antl "AIA Conbecl Oocumants' aye •aglsteletl 4atlameMa ary J my AIA ecftwere et 13:59:AB ET an l0/OB/2029 untle� OMa� No.9143B2T13T vRticb exp4es an ey mly be u¢etl In ecwMenca wIIM1 IM1a AIA Conbed Oowman\s®Terms of 3ervlca. To tep� V set Notes: (NB21'199TtJ - =AIA Document A102� — 2017 Exhibit B lnsurance and Bonds This lnsurance and Bonds Exhibic is part of the Agreoment, between the Owner and the Contractor, dated dac 14th day of October' in the year 2020 (Isr wo+'ds, ind[co[c dnV, nionfh and yea+-J gppITION8 ANp pELETIONB: for [he following PROJECT: TFa au[For of [M1ls document Fas (Name and location or addrasr) adaaa mrormation naaaaa ror Ito _ mpletbn. TM1a author may also Fave ravia¢a ma t¢xt of me original Firestone Town Hall Adtlition .g Remodel AIA standard form. An Addltiona and 151 Grant Avc. oa/arrons Rapo/t mat notes aaaaa Firestone, CO 80520 information as wag as revlaiona to ma standard Torm Iaxl is available fmm THE OWNER: ma aumor erne anouia ba raviawaa. A (Nam¢, !¢ga/ sfanes and adds+ess) vertical line In lba left margin of IM1Is docum¢nl indicet¢s wbere iF¢ aumor Firestone Town HaII M1es added n sary information I51 Grant Ave. and where lFa au[M1or Fas adtled ro or Fireetone, CO 80520 tlelatetl hom IM1e original AIA text. THE CONTRACTOR: rnia apwmant here impnrtam legal tN m¢, /¢ga/ surfs and adds�as J onae9uancas. consultaupn wgn en alromay is ancouragaa .wm respect to its completion or modincation. Franaen Pittman Construction Co., Inc. 9563 S. Kingston Ct. This aocumanus mtanaaa to be uaaa Englewood, CO 80112 in conjunction with qIA pocumant A201 T"'-20t], Oanaral Condltlons of TABLE OF ARTICLES ma contract ror construcuon. Artlue t'I o(A20'I ^"-20tTcontalns A.t GENERAL additional insurance provislona. A2 OWNER'S INSURANCE A.3 CONTRACTOR'S INSURANCE AND BONDS A.4 SPECIAL TERMS AND CONDITIONS ARTICLE A.� GENERAL The Owner and Contractor shall purchase and maintain insurance, end provide bonds, as set forth in this Exhibic As used in this Exhibic, the term General Conditions refers to A[A Document A20IT^'-2019, General Conditions of the Contract for Construction or Prime Contract as applicable. ARTICLE A.2 OWNER'3 INSURANCE § A.2.� General Prior to c Went of [he Work, fhe Ownw� shall secures the insurance, and provide evidence o£ the cover-agq mqu red under dais Article A.2 and, upon fhe Contractor's request, provide a opy of the property insurance policy or policies required by Section A.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exelusimis, and endorsements. Init' A®AAIA Logo �a d� AIA OonVacl Ooual man[s'pa„e „erg aleretl [ aemerka end may not be umtll wllM1oullipa+m eaeion. TM1 s doamenliwae pmducatlrby AlA aonwaralAar t 6:66a t ET on 10/O]/2020 untler Ortlar No.8t4332]13] wFlrh axplma on e9/29/2021. la not for rcaelc. Is Ilcansed for one-Ume use only. end may only ba used In / artlenca w11F iFa AIA Conlred powman[¢� Ta+mc of Sarvlca. To rapart copynpnt violallona. a -mail copyrl9M®ala.arg. dear Notaa: (1299889833) § A.2.2 Liability Insurance The Owner shell be responsible Eor purchasing and m¢intain:ng the Owner's usu¢I general liability insurance. § A.2.3 Requlrad Properly Insurance § A2.3.1 The obligation is placed on tfie Contractor pursuant to Section A.33.2.1 m purchase and maintain, f-om a insurance company or insw�ance companies lawfully authorized ro issue insurance in the jurisdiction where the Project s located, property insurance written on a builder's risk "all-risks" completed value or equivalent policy form and suFOcient to cover the total value of the entia-e Project on a replacement cost basis. The Conu�actor's property insurance rage shall be m less than the amount of tive initial Contract Sum, plus the vahte of subsequent Modifications and labor perfoazned end materials or equipment suVPlied by others. the property insurance shall be maintained until Substantial Completion, unless otltetwise provided in the Cantrac[ Documents or othewise aglned in writing by rho patties to this Agreement. This insurenw shall include the interests of the Owner, Contractor, Suppliws, Subcontractors, and Sub -subcontractors in the P jeer as insureds. This insw�ance snail include the intc�ests of mortgagees es their interests may appear. § A.2.3A.1 Causes of Losa. The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, tiveti, vandalism, malicious mischief, collvpse, earU.quake, flood, or windstorm. The i vsnrance shall also provide coverage For ensuing loss or r salting damage f�om orkananship, or materials. Sub -limits, if any, are as follows and subject m the terms of the pol cy: (Lrdicore be/mv eke caerse oryoss rued aqv uPP/icnb/e suG-limit) Causes of Loea Sub -Limit Flood (subject to zone limitations) $500,000 Earthquake $500,000 $ A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for to r damage to falsework and odter temporary stnacmres, end to building systems from testing and sterntp. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requ ants, and r table c npensation for the; Architect's and Contractors services and expetsses required vs e result of such in red loss, including claim preparation expenses. Snb-limits, if any, are as follows and subject to the terms of the pol ky: (Indicnre Ge/ow yPa oJ'cavrrnge and env pP/icob/e sub-/lull/I r specific ra9uired covernges.) Coverage Sub -Limit Sott Cost $500,000 Debris Removal $250,000 Demolition $250,000 § A23.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shell -eplacc the i e policy required under Section A.2.3.1 with property insumnre written for the rater valor of the Project that shall tc con in eRect until expiration of Hte period for correction of the Work set forth iu Section 12.2.2 of the General t,ditinns. § A.2.3.1.4 Deductlblas antl Self-Insuretl Retentions. if the insurance required by fh is Section A.2.3 is subject ro deductibles or self -insured retentions, the Owner shall be responsible f r all loss not covered because of such deductibles or retentions. Coverage Deductible Flood and Earthquake $25,000 Snow end Ice $10,000 All other perils $2,500 § A.2.3.2 Occupancy or Use Prior tp Subslantlal Completion. The Owner's occupancy or use of any coanpletcd or partially completed portion of the Work prior to Substantial Completion shall not coarunencc until the insurance company of cmmpanies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of toll. AIA (t2S9660633) in 2 erage. The Own and the Conuractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, m� reduction of inswnncq unless they agree otherwise in writing. § A.2.3.31naurance for Existing Structures if the Work involves r modeling an a fisting structure or constructing a addition [o an existing snncmre, [he Owner sfiall purchase and maintain, until the expiration of [he period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replaccmwt cost basis, protecting the existing structure against direct physical loss or damage tirom the causes of loss identi£etl in Section A.2.3.1, notwithstanding the undertaking of the Work.Tfie Owner sfiall be responsible for all co-insurance penalties. The existing structure must be copied during construction by the Owner. i£ [he snvemre is vacant, the Convector shall be responsible to provide existing structure coverage until the Project is completed. § A.2.4 Optional Extendetl Property Insurance. Tfic Contractor, as indicated below, shall purchase and maintain the insurance selected end described below. (S¢[¢ct th¢ tYPer li».rw-mrce ab¢ Orv» o� or Conbactor Lr .-¢quireA to pwrhnce and »>oi»min bJ' Placi»g nn X in the boxes) next to eh¢ descriptions) jse/acted inssrrnnce. For cacti ppe Itnsw�a»ce selected. !»dic»te npptecable li.»rirs (cove -age or other conditions i•x the T// point be/oty the selected leant) [ ] § A.2.4.f Loss of Use, Business Interruption, antl Delay in Completion Insurance, to reimburse the Owner £or loss o{use of the Owner's property, or the inability to conduct nonna3 operations due to a covered cause of loss. [ X ] § A.2.4.2 Ordinance or Law Insurance, for the r nable and n sary costs io satisfy them m requirements of the enfarccmwt of any law or ordinance regulating the demolition, construction,u repair, replacement or use of the Pr jec[. Contractor shall purchase this coverage as part of the policy required in Article A.2.3.1. [ X ] $ A2.4.3 Expediting Goat Insurance, for the reasonable and necessary costs far the temporary repair of damage to ivsured property, and to expedite tfie permanent repair or replacement of the damaged property. Contractor shall purchase this coverage as part of the policy required in Article A.2.3.1. [ ] § A.2.4.4 Extra Expanse Insurance, to provide reimbursement of [he reasonable end necessaryy excess costs incurar:d during the period of restoreiion or repair of the damaged property chat are over and above the rota] costs Heat would normally have bean incurred during Hte same period of time had no loss or damage occurred. [ ] § A.2.4.5 Civil Authority Insurance, for losses or costs arising f �om an order of a civil authority prohibiting access to the Pr jec[, provided such order is the direct result of physical damage covered under the required property iusurance. [ ] § A.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the i -ed's business due to physical prevention of ingress to, or egress ti-om, the Project aB a direct result of physical damage. X ] § A.2.4.] Soft Goats Insurance, to reimburse the Owner for costs due to the delay of completion of Hie Init AIA Occurrent A'l a2"-291T ExbIbIt A.Copy>Iabt020lT by TheAme6aen lnalllu+e of A+C:14ds. All n9hla reaervetl. Tha'Amarlcan lnalltula olAmMlada: "AIA: the AIA Logo, antl "AIA Con4ect Oocumanla' are roglataratl batlemarka antl may no+ba uaatl without pem:isslort Tpla tlocumen[was protlucatl by AIA software at S, t 3:55:11 ET on t0/OT2020 outlet ONar No.919362T13T which expbes on 99/29/2921. Ia no[ for re¢ale. is Ilcenavtl fpr one-[Ima use only, antl may only ba usatl in / wrtlance wla: the AIA Canlmd Vacumanl¢^ Tem,o of Servlca. To report wpyrlBbt Ndations. e-mail copyrl96[®aia.org. Veer Notae: ('1296889533) Wm-k, arising out of physical loss or damage covered by she required property insurance: including conshvction loan f es; leasing and marketing expenses; additional f es, including those of architects, engineers, consultants, atlomeys and accountants, needed for fhe completion of the constmetion, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional i RterCB[ Otl IOatla, YCaICy Ca%es, Bad Itl8LVa11Ce premitttn8 OVCr 8nd abOVe a0YM01 CXpCa8e8. Contractor shall pmohase this coverage as part of the policy required in Article A.2.3.1 . § A.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (S¢/¢cr /h¢ tyP¢s gjinsurnnre r/re Owner is requir¢d to P[u'cbas¢ and mein/nin by P/nctng nn X in [he boxes) n¢.cr ro /Ire d¢ru�tpemn(s) ol'se/¢cr¢d insu•r•Nre.) [ ] § A.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, wluding costs of investigating a potential or actual bi-cach of confidrntial or private information. (Indicate npp/icobte /im/rs ol'em,ervg¢ or other condiHm[s b> rheJltt poise be[o w.) [ ] § A.2.5.2 Other Insurance (L.isr halos, nnY oUrrr ins•n-mrre co v¢rng¢ /a b¢Proyid¢d by the Ou,n¢r-mrd nny aPP/icnb/e /hnt/s.) Coverage Limits ARTICLE A.3 CONTRACTOR'S INSURANCE AND BONGS § A.3.1 General § A.3.1A Certifleates oT Insurence. The Contractor shall provide certiPcates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each squired policy of insurance; and (3) upon the Owner's written request. An additional certificate evidencing continuation of comanercial liability coverage, including coverage { r completed operations, shell be subtrtitted with the final Application Eor Payment and thereafter upon renewal or replacement of such coverage mtil the expiration of the periods required by Section A.3.2.1 and Section A.3.3.1. The certi£caies will show the Owner as en additional insured on the Contractor's Commercial General Liability and excess arumbrella liability policy or policies. § A.3.t.2 Deductibles antl Seif-Insured Retentions. The Contractor shall disclose to the Owner any deductible or self - red reten[ioos applicable [o any in once required to be provided by [be Contractor in excess of twenty -Eve thousand and 00/100 dollars ($25,0p0) ur § A.3.1.3 Additional Insured Obligallons. To the fiillest exmnt pennitMd by law, the Contractor shall cause the ial general liability coverage to include (1) the Owner, the At-cfiitecL and the Architect's consultants as additional insureds for claims caused i whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional in r'ed for claims caused in whole or' in part by the Contractor's negligent acts or omissions for which loss occurssdming completed operations. The additional in red rage shall be primary uvd non-contributory m any of the Owner's general liability insurance policies and shall apply to both ongoing and contple[ed operations. Architect and its consultants are named as additional insureds For Contractor's on -going operations only.. § A.3.2 Contractor's Required Insurance Coverage § A.3.2A The Contractor shall purchase and maintain the following types and limits of insurance from an insurance mpany or insurance companies lawfully au Otorizcd to issue insurance in the jurisdiction where the Project is located. The Conu'actor shall maintain [he required insurance until [he expiration of the period for correction of Work as sec Forth in Section ] 2.2.2 of the Generat Conditions, unless a different duration is stated below: ({I/h¢ Contrncror is re9uir¢d ro nminloin incur an ¢.I r n d.u�ntion o/h¢r than t/r¢ ¢xPirntion q%/he Period for ron-ecrion of Work, state the dau-o/ion.) Init AIA Oocumant At02"-201T Exnlbl[A. GopytlgM1te 20196y Tna Amarlcan lnaglule otAmM1llecta. All tlgM1ta reaervaO.Tha "American lns111uta otAmFllacls: "PIA." M1e AIA Logo, antl'AIA Contract pacumenls- are ,aglatared Vatlamarka and may not be used wl[hout paemisslon. TM1Ia doamant was proEumE by AIA eahware ai 4 18:85:11 ET on 1 O/OTMD20 untlar Qda• No.9143829139 which avpbea an O9/29/2021, la not to• resale, le Ilcenaetl /or one -Ours use only, antl may only ba used In / ecartlanca wl[b tba AIA Con Vacl Oawmenlao Tarma of 8arvlca. To rayon copyagM1l Wolellana, a -mall wpytlgM1[®ala.og. past Netaa: (1294884833J 2 years after Substantial Completion § A.3.2.2 Commercial General Liability § A.3.2.2.7 Commercial General Liability insurance for the Project written on an o e form with policy limits o{ noc less than One Million dollars ($ 1,000,000) each occun'encq Two Million dollars ($ $2,000,000) general aggregate, and Two Mil lion dollars ($ 2,000,000) aggregate for products-compbt¢d operations hazard, providing coverage for claims including A damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 per'sonal i jury and advertising injury; .3 damages because of physical damage to or deshvction of tangible property, including the loss of use of uch prroperty; .4 bodily injury or property damage arising out of complet¢d operations; and .5 the Contractor's indemnity obligations under Section 3.1 8 of the General Conditions. § A.3.2.2.2 The Contractor's Commc'cial G¢nerai Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the { Mowing: .1 Claims by one insured against another insured, if the exclusion o cstriction is based solely on the fact that the claimant is sured, and there would otherwise be coverage for the claim. .2 Claims For property damage [o the Contractor's Work a ng out of the products -completed opcmtiona hazard where the damaged Work or the Work out of which fhe damage arises was performed by a Subcontractor. .3 Claims for bodily i jmy other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury m employees o£the inset<d. .5 Clat r to xcluded under a prior work endm ant or ocher simaar exclusionary language. .6 Claims m� loss due to physical damag¢ under a poor injury endorsement or svmilar exclusionary laaguagc. J Claims related to residential, multi -Family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to rooting, if [he Work involves roo£ng. .9 Claims related to earth subsidence or movemenq where th¢ Work involves such hazards. .10 Claims related to explosion, collapse and undergrround hazards, where the Wm'k involves such hazards. § A.3.2.3 Automobile Liability coveting vehicles owned, and non -owned vehicles used, by the Contractor, with policy limits of not Ices than One Million dollars ($ 1,000,000.00) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, main[enanre and use of those motor vehicles along with any otivcr statutorily required automobile coverage. § A.3.2.4 The Contractor may achieve the required limits and coverage for Commercial General Liability eud Automobile Liability through a c mbination of primary entl excess or umbrella liability insurancq provided suet[ primary and excess or umbrotla insurance polici¢s result in the same or greater covcrage as the coverages requitod under Section A3.2.2 and A.32.3, and in en[ shall any excess or umbrella liability insm�ance provide nan'ower coverage than the primary policy. The excess policy shalt not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § A.3.2.5 Workers' Compensation at statutory limits. § A.3.2.8 Employers' Liabiliry with policy limits not Icss than Five Hundred Thousand dollars ($ 500,000) each cidrnt, Five Hundred Thousand dollars ($ 500,000) each employee, and Five Hundred Thousand dollars ($ 500,000 policy limit. § A.3.2.9 Jones Act, and the Longshore @Harbor Workers' Compensation Act, as requitod, ifthe Work involves hazards arising f'om work on or near navigable wacerways, including vessels and docks Init M1IA Doeumant AlaT'—Ya1>ExblbltA. CopytlgM®20'I]by TM1a Ametleen lne111ula of Amlrllade. AlI rIBM1ts aeaervetl.TM1e'Amatican lna\IW Ia ofAmbllede."'qIA.` ¢ q1A Logo, antl'AIA ConlraU Documents' a,¢ legislated [ratlamaMs and may not ba uaatl wllM1out permiaalm. TM1Is Document was proEuceD by qlq so(twara a[ 5 f 16:66danca w1[M1t M1a AIq Con[recI Dawmantsm Ta me of Sarv�e. To upon mp Iyt gM1t Wolaln fa,re�mell wpyDghl(ffiebt.c[B. time use only, entl may only ba ueetl In D �e,NONa: (1294634633) § A.3.2.8 If the Contractor is required to fivravish profcssionat services as part of the Work, the Contractor shall procw�e Professional Liability insurance covering perfoa-mance of the professional services, with policy IimiCs o£noC less Ihan Five Million dollars ($ S,000,000) per claim and Five Million dollars ($ 5,000,000) in the aggregate. § A.3.2.9 If Hve Work involves the transport, dissemination, use, or release of poi lutants, the Contractor shall procure Pollution Liebilay insurance, with potScy limits of not less than Two Million dollars ($ 2,000,000) per claim end Two Million dollars <$ 2,000,000) in the aggregate. § A.3.2A0 Coverage uvder Sections A3.2.8 and A.3.2.9 may be procured Ovougly a Combined Pro{ ssional Liability and Pollution Liability iustssence policy, with combined policy limits of not less than N/A ($ N/A) per claim and N/A ($ N/A) in the aggregate. § A.3.2.22 insurance for maritime liability risks ssssociated with the operation ofa vessel, iF the Work requires such activities, with policy limits of not less than N/A ($ N/A) per claim and N/A ($ N/A) in the aggregate. § A.3.2A2 insurance for the use or operation of manned or unmanned aircratT, if the Work requires such activities, with policy limits of not lass then One Million dollars ($ 1,000,000) per claim and One Million dollars ($ 1,000,000 ) m tfie aggregate. § A.3.3 Contractor's Other Insurance Coverage § A.3.3.1 inswance selected and described in this Section A.3.3 shall be purchased from an insurance company or meanies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Conhector shall maintain [he mquved insurance until the expiration of the penod £or comedian o£ Work es set Eorth in Section 12.2.2 of the General (Paragraphs deleted) Conditions. § A.S.S.2 The Contractor shall pwrohase and maintain the following types and limits of insurance in accordance with Section A.3.3.1. (Se/ecr ehr types 1 insuranre the Conn�ocror is r¢4e/ired m purchase and /nnin/uin byP/acing nn X in the box(esJ aexx to the dercription(s) oJ�selected insuronce. GYhere yo/icv limits are ps-ovided, inc/e/de the Policv limit in die approyriate ji// Point.f [ X ] § A.3.3.2.2 Property insurance of the same type and scope satisfying [he requirements identifl ed i Section A.2.3, which, i£ selecced in this section A.3.3.2.1, relieves the Owner of the aresponsibility to purchase and maintain such in cep[ insurance required by Section A.2.3.1 .3 and Section A.2.3.3. The Conhnetor shal I comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. The Contractor shall disclose to the Owner the amount of any deductiblq end the Owner shall be responsible For losses within the deductible. Vpon request, the Coutracror shall provide the Owver with a copy of the property insurance policy or politics required. The Connractor shall adjust and settle the loss with the insurer and be the hvstee of the proceeds of the property (Pa/zrgraphs de/etedJ c � m accordance with Article 1 I of the General Conditions. [ ] § A.3.3.2.2 Railroad Protaellve Liability Insurance. with policy limits of not less than N/A ($ N/A) per claim and N/A ($ N/A) in the aggregate, for Work within Efty (50) Feet of railroad property. [ ] § A.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not leas than N/A ($ N/A) per claim cod N/A ($ N/A) in the aggregate, Eor liability arising From the encapsulation, removal, handling, storage, transportatioq and disposal of asbestos -containing materials. [ X ] § A.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the cmtshvchon site on an "all-risks" completed value form. Init AIA Dacumant At02"-201r E%blbltq. CopybgM®2gt96yaTM1a Amatican inslllu[aot ArcMtacls. All tlgM1la reserved.TM1a'Amabcan lnalltul¢o(ArcM1bacta."'qIP: [M1a AIA Logo, antl'AIA Conlracl Documanls' are,agrsb,atl 1 tlama,ks and may not ba usatl wltbout pa,misaion. TM1Is tlocuman[ waa protlucatl by AIq aogwara at 15:SSa 1 ET on 10/p>/2020 untlar Ortlat No.914302>13] wbl`h axpita on 09/29/202t, is no[ (urteaela. Is Ilcancetl !or ono -lima uea only, anE may only ba uaetl In / ottlanea wM tba AIq ConOa et Doeumantaa Tarmx o1 Sarviea. To report wpyeigM vlolationa. a -mall eopyM9M�ala.o,g. riser Netaa: (1294609533) Coverage Sub -Limit Transit $I,000,000 Temporary Storage Locations $1,000,000 [ ] $ A.3.3.2.5 Property insurance on en "all-risks" completed value form, covering ptroperty owned by the Contractor and used on the Praj ecq including scaffolding and ocher equipment. [ X ] § A.3.3.2.B Other Insurance (Liu below o»y oUe¢r i»s.oane¢ cov¢rrsye /o b¢ p•rovid¢d b�, [h¢ Contrac[or and mry npPlicnb!¢ limit .J Coverage Llmlts Umbrella $20,000,000/occurrence $20,000,000/aggregate § A.3.4 Pertormance Bona and Payment Bond The Contractor may provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Projec[ is located, (Pm�ngrnphs deleted) for the Contract $um. ARTICLE A.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Tnsurance and Bonds Exhibiq :£any, are es follows: None. lha AIA Logo, antl'AIA Con Vac[ Obcumanls' ara raglelaretl Iretleme•ka antl may nol Ee uaetl wllM1aut pa•mlaalan. TM1I¢ tloeumant wea protluead by glq.oawa�a at -� ( 15s6tlencaTwltM1ltM1a q1A OanVect Oocurmanle^ Tanof of SaMca. To apart co'pytlgM1t vlalallone.,aamall caapyngM1t�ele.o•g. lima uaa only. antl may only ba usatl In Uear Notca: (1294684633) EXHIBIT C FRANSEN PITTMAN / OOUGLAS COV NTY EQV IPMENT (RELgTEO PARTY) 3TANOgRO TOOL qN0 RENTAL EQV IPMENT PRICING UST Equlpmont Ocacriptlen _ Rlll Co_M_ MantM1ly B1111ng Reb 5 $ 5 _ ETECFOR $ $ gPVLIgNCERovILV $ qRG WELDER Sa0¢so AMP -Os $ ART aooM UEi 3oa9'9Wo 3G $ .6J5 ART 90GM VEi 9a-9s'4Wo IN $ 5,010 ART a00M VR-60-69'-FWv IL $ 5,500 AM'-STR-BOOM YFT-HO-89-9 1K $ 9.J65 CIALTy BOOM SN $ 3,000 m Llh 90'-99':OSL-9Wv $ 5.090 5 5 W/CAB $ MINI $ MP $ W ERO $ Y NgpNEss KIT e6 $ q gTTgcH HVo Iomla 2X $ 3,J80 R30 $ 6.000 Ql $ 3.0)9 tt/ai Gi0 1P $ 995 $ 1.000 a VILOER9 LEVEl24 $ 3>5 $ 35O -TON> $ 5 Gq 5 $ NE/scgRFR-Gqi $ eVGGV-fl/046 2< $ sp/Wa-GABSO-30 WN 30 $ 3,050 WHEEI 6F $ JOO R31 $ 1,500 OR IlA0.GE rwlNl $ oR (PANCAKE) $ og (smqu Tww) 5 $ T $ OIRILL W/3TgN0. ETC $ OATq VgVLT $ ry HAMMER $ OB $ 3]5 09 $ 150 P9 $ 50 ROTECTOR9 $ 50 5 ERL13/z CVI $ AKER 60-TSLe $ FqN _a36'e'R $ $ a. FIRE E%TINGVISHEq AI $ 6 La. FIRE EMINGUISHER A3 $ F1000. aUEFER SH $ 650 F100R9G9aLER-AIRSHEAv ZK $ 3.500 NOV9 FORKLIFT-SK LR 3R $ 3.100 5 REACH FORNLIFF-FXO BK l6 3% $ 9.190 FRANSEN pITTMAN / DOUGLAS COVNTV EQUIPMENT )RELATED pgRTY) STANDARD TOOL AND RENTAL EOVIPMENT PRICING LIST e9K> BIII Catle v nLM1ly R114ng watt 5 REACX iO0.KLIFf-TRY 6K LB 5 3 H60 $ 225 GANO BO%TOOLS-IEVELI 5 3.500 GANG BO%TOOLS-LEVEL2 02 $ 5.500 GENERATOR-S-IO KW 25 $ 6RATOR.20.39 KW SE $ R 44-89 KW IA $ KW $ 90-119 3 WHEEL $ OOk BTU $ J.30O EO/CONY 150K> $ T30 $ 1.T40 10Kpoi $ 3.350 OER 5 100 5 JS --XOR120NLV FB 5 6H0 3C $ OOIIV KIT eT 30 $ 24 $ a l0'OEPTH $ 9.500 MINI E%GVATOR 6-9.9. OEP 5 2.T3O MITRE SAW 5 390 NEGgTIVE qIR MACXINE 5 J95 OFFICE TNAlLER 13'X60' $ 3.500 f FICL TwLw112X40)EgUIPO 09 $ 995 N6 $ O A<W/ 3M $ W/STAND -15" $ GA6 $ REV ER61BIx $ 3.000 $ T30 $ 3.ST5 SURE WA MECOLO-GAS 5 ].500 SURE Wg3X HOT -GAS 3q $ 350 CF MANAGEw VEXICIE q2 $ 900 CT SV PT veNICLE 03 $ I8 $ RAMMER ELEC $ pgMMER-GAS 3.3-3.2K $ pAPTOR SECURITY -BASE $ 3430 REBAR BENDER CYTTER $ RO ROLL-VB 6MOOTN 95-60" $ 9.500 RO ROLL-VB 6MOOlX 65"� 5% 5 .500 LL-VB SMOOTX-OO 1.ST 3fl 5 2.lOO 3000LB SB $ OLOLLER-PAomoT 4A-LIFT lsoo-E000 LB 90 $ 60 $ RRV $ 9¢O' $ $ 9T5 39 4W O OF 5 .153 $ 3.280 $ 1.496 R LIFT 96-44'OW O6 $ 3.968 ECV RITV SYSTEM: CAMERA R13 $ SXOT BLASTER SM $ LOW 6X $ R-3341-3240p I8g5 AA $ R ]Hoo.300oLB Ebucx¢] na 5 sxlJleae 09 5 pgLLET FORKb fOR bKIDSTEE $ 650 SKIOSTEER ATTACXMENT $ 1.900 AVGER ArtACX-SKIOSTEER $ 3.900 SLAB gRABBER PAIL SYSTEM 5 SNOW BLOWER 65 $ SOO FRANSEN PITTMAN / OOUGLA$ CO V NTV EpV IPMENT �RELATEO pggryj STANOARO TODL ANO RENTAL E gUIPMENT PRICING LIST BIII Coda nMly Billing Rala Sa $ - Lec n a 4q $ 900 qB $ 9T5 ew/ w om-sKlosTeEq u lq $ I,4Op sqW $ 200 lE AlA0.M SYSTEM CA $ 350 OGV GEE R16 $ 153 RFT RS $ 6u $ 3TI9PIOER BO%I 6P $ 45 $ AGE9 M3 $ EA $ T�CTOR OTELgN Sq $ O CAPE $ 4.200 I; OOO bE $ $ TRgILEq:VACUUM]SOo gal. $ 5,000 TRAEH cgai $ 300 TRASH cHuic gRe590RY 6q $ 100 TRASH PUMP 6W $ 1,200 TRENCHeR RO 39-39 HP 4% $ 3.SSO T0.ENCHER WB 13-20 HP BA $ 1.995 T0.IMMER MOWERIWB 6M $ VCK:3INGLE-A%LE DUMP 6G $ UTILITY CMRT W/TREY 4-WXE M6 $ Q$ $ WgLTER METERE 6W $ $ TELT BL4NKET HR $ (130 VOLTaTIcq $ OEq: 1 Y0 $ 4.000 WXEEL LOAUEq. 3> EW $ T.500 EXHIBIT D Fransen Pittman Labor Rates -Firestone Town Hall Position Rate Project Executive $124.00 General Superintendem $119.00 Project Manager $106.08 Project Superintendwt $92.89 MEP Coordinator $93.76 Quality Control Manager $88.80 Project Engineer $62.31 Project Administrator $40.54 Field Enginccr $61.66 Assistant Project Manager $82.09 Assistant Project Superintendent $82.09 Foreman $75.89 Lead Man $74.76 Carpenter $72.48 Carpenter Apprentice $54.17 Laborer $46.37 Safcry Officer $72.26 Licensed Surveyor $183.00 Estimator $82.32 These rates subject to adj ttsiment at the beginning of every calendar quarter Overtime for hourly positions will be billed at i -5 times the above burdened rates Makeup of bill raters not subject to audit Frensen Pittman insurants Ra[cs General Liebil ify CGL $ 7.95 Umbrella $ 4.95 Professional Liability $ 1.15 Builder's Rish $ 1.08 � ® m { � � 7 | �k \ k _ ) --!a!!al. !,! .! aaa» . a, -• !! !!!! / : \))k\\)k ))k 2/ 2222 2 \k � � !``!` !! !! ! ! !! � \!!!!¥!i Iii » ��i# ! ! � )\ „ � c w ! � \ - ;§!2@§§§ §§§ §§ §§§§ * �§� Z Z � „ � �, , r ��� ` ��� ®2(��/§7§k &)k§2 § � ` ®m »■■Gm©` §) ��� � �k)�[■%§|Rk° ,§§�, §G&. ��m . - „ �e■a;�am2lE§!!■§!§§4£■»: � k!)`ƒ\.\ „ �.,, �\, \\ �\ „ , „ � )/)`jE!!!!!!! !{! ;■ §■K; § §|� �� mz � E 0 �' � Si � 5i � � uR � � N � � � � rri ri Si' � r-% rFi � � y 5 £ 5 5 5 6 5 � � 3�g �� "� � E 6 fi fr 5 5 c� c� ci � cY fr � c3. c� c� c3 c� �� - ggg$ $$8gg g ggS Sg g g g s $$ gg a � � � � a„ �y � _ � � oN � y � � � � � � a � �� �� � 3 � � �� � � ��a � � � o �� � Q _� � �� o� � e �� � �� ��� �� �� �� � o� � �� C� LL 6 t5 § o __� � E o ua ai y y h m h y Ji � �i �i r�i r�i �i �i � � � � � � � � � H y s' s' e c s S fi fi '$ 8 _$ '$ � € 5 ����ee -ogsgg S 88g gggggsgsoggseggggg -�� � ��� ��s�sss����������� c r c c c c c c c c c c c c �� c c c c c c c � � � �.w �, � - W � � � � � z z x � � b 8 � w � '� � � � � � e � � � � � � e e e e e � � d � � e � � � � � Los rW m LLd W _ _ 4 � � � � s s a a � � � � a o � � � � s � � � � � � a �� �z �� o� dNh� � ������ � ��� ��� � ����� � �� � ��� =gggg g gggg$$ $gg ggg gg8 ggggg � � � c c a c c c c c� � c c c � c � � � � F F b � l $ � � � � ��� e e e e a e e v e o 0 0 0 0 0 o a e e e e e e e ® a a a a a � `a � a a � � � s � o S S � 'a � � �: �: � w e __ � E o �n '� y y y y y �' y x � .ri � rii Si ui 5i � r§ivi � � � § 5 5 5 S S fi € fi fr 3y� a g S g S g g g g 8 8 g g g g g _ _ _ _ c c c r r c c c c c c c c c c c �� � � c t3 � � � � � � z � e ad _ c� S z � � F � F c� c+ c� � � � � � � � � � � � a Q�w � LL6 e v e e e v e e e e e e v e e e e e e 2� g g��� ��� 8 a d a s y �. sx y� a� � �..,,,.....,,....<:..,.m: t..�,M..o., EXHIBIT F ,�.,,,m ,,.,,.,. Fnawecra Firestone Town Hall PITTM�� +00 % GMP ESUma[¢ amoa ent®Itwerk i H,a,v EBB.eO +a_a ♦ aaonry � n2?a 33.8> 1.DX e a a a+ .• $2a.ma s. .c 8 Carpentry +s $+D33 a6B ? molature prot•cOon 1 S23nn v e •, wmaowa a c:aaa ! :.. sn.3> a n1•k.a I Em.<> 3D aYaman i x.,.. av> umteM1lnBs O. EO.M ec a nne ruction � - envaying eyatama EO.00 O, ec an ca I �'i a ,BB 328.a3 cblcal 322JB DIRECT COST >3'1 > .+ SOM COY• wavwvnw ng r,ua $6>.33 51ata ff LU•s 9�1.t9 E2 0.6B% T•x envm t Parmp 8 Plan Ravlew Fen Ewm r vee •a ro a.Bs es�.r E16.a0 - ona rucOUcn CON[npancy �.00z 25 •,a Ets.ao a o z eiaama •nate•yn6t c•mtnannnv •.n• s0.00 n:•.any. ..6.x Ba.a se.2e - . pertarmenc• 8 Peymant Bonas �3 M.2 E2.ffi O.66A TOTAL COST §6�608�380 §<t6.09� tDD.Ox _ --- OI VISION '1 TOTALB 49'I.'126 � E3�.32 � ).E`K OI VISION '1 TOTALB 49'I.'126 � E3�.32 � ).E`K Division 2 Slte Waik 3t g0 00 Eartnwo�k o a91 tD 00 Layout-Slta 'o9t 2500 Etoalon/Setllmen[atlan Con[tol of (SWM% z59t 25 Ot S[o water In ctlon 8 Audit 3532'12 OD AaPnalt PaNng ^ �a� ��nz t E32 t3 t3 S[¢�Contta a Matatlal �cu ' 32 9t 00 Fanma 8 Oat aaI �Fe '329005 La aping "a B t2 93 W Slta FutnlaM1inga �T ae-nrsauotacios '•2 B 99 tD 00 UtllltleafM1' �¢ s ' 99 90 OO Sawet Llna Inta�sacUon/Cam¢5a inwpaca now n eavmg sawoi un�s - � 9802 Wlntl and WaatM1¢iProlettlon c ,;. =' �oP o.m u,i% 0.194 Od% O.O% 1.B% 0.3% O.O% a.1X 0.146 2.3% 0.3% 2594 0.0% 38M 14 By. vision 9 Masonry xiiiv uw ',, TOThy �®® UN[ Masonry OaX a �pv. c.m� cdvmn ane 6encn cau� � Ls i � EOp m spw DIVISION 4TOTAl3 62.26T EE.W I 1.0X UU Structural 5<eel � � U � 6e..So 6.2X OIVI610N 5TOTAL6 66'1�069 � 432.M � 6.6X 6 Wooda 8 Plastica S6G6 Tfl OB 46 OB Flnlah Capp/NCY� Woodwo'It �� i9.e0 O.Y% 03.0 0o F�.�.6 � .wA =� wPoawo,. sa.aao s3:T DIVISION BTOTALS 162.666 � Bfo.38 � s.C% Olvislon '! v +B aB o.mpp.00nne a w.t..p.nonn9 Ea Ra nL s..eo 1 ...o. s..ea o.+x 9T z+ 99 rn..mel Inm.mn E..v ^ 3'OT sss. s..a o..% 50 00 Flat Roonn9 5. E.S.n o I EeaE 5 oa...oa azzm s.ax 09 62 00 SMmt Matal FIa.M1InB entl Ttlm st.EB ^ 62OT 39..00 stEB OA% 92 00 Jolnt Seab.e„ YO,B3 .3% e .apoo EO aE 02% OT 99 OE C nnpy Flniab O � El.i9 p 3 a.woo E..4e o.a% OT B9 02 Env.lop.IRevinw E..3. m as oa Enwiape waNaw l]IVISION J TOTALB .e.B39 46+.2'!9 EL2. E36..< O.EM 0.9% �ofvl.ww a oo . �s wmao _ _ 03 � o 0o Doer. a v..m.. - .new .. w,,,,o,...,e,,,. uov rr� .I u I sa.sa ooa .:z 4.. n.9+ . ex 41 '13 waver ��.. 3 Seormrowe. 99.se oa <�.9 e��.���ss9�e.eoe��s +.0..9. ease :.aw OIV ISION B TOTHLS 2]2.43] 1 81>.9] � 9.3M se'.v�` � i-ri` a22.» I e.ex DIVISION I6 TOTALS 405.]SB 52LpB � B.B% FRANSEN P�TTMAN EXPECT PRECISION EXHIBIT G Firestone Town Hall — i00% CD GMP List of Alternates t. Alternate #1 a. Change the Facterior Soffit Finish to Stucco in lieu of Metal Panels i. Deduct ii. C$Z8z7) z. Alternate #a a_ Change the Storefront Systems at the Break Room, Hall t46, and Hall t3z to Glad Wood Systems i. Deduct ii. �$7,i3z) g. Alternate #3 a. Add in Use Tax if it is not covered by the Exemption Certificate i_ Add ii. $>,So,000 4. Voluntary Alternate #4 a_ Change the Sunshades from Architectural Louvers to Tubelite Sunshades i. Deduct Englewood (NO) wlnaser efflce (303) J63-3900 9563 South Kingston Court, Bul[a 200 elflca L9J0) 460-5250 128 Norih 6tt, Streaf. Unit D Tax (303) J63-3939 Englawootl, C0 80112 Tax (303) J63-3939 W Intlsm. 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J;!/aƒ»ƒ!»! 2 � / � k § �\�/��//\\// FRANSEN P�TTMAN EXPECT PRECISION EXHIBIT 1 September 14, 2020 Pricing Clarifications for Firestone Town Hall 100% Construction Documents of Drawings Dated 07/24/2020 Division One This GMP is based on the 100% CD drawings and specifications dated 07/24/20 as generated by Halcyon 1 Design. 2 The Contract excludes all utility development fees and all municipal development fees. 3 The Scope of Work excludes all hazazdous material sampling, testing and abatement. It is assumed that the structural engineer of record wlli provide all structural engineering, including 4 providing structural services in accordance with 201G AiSC Steel Manual 15th Edition -Code of Standard Practice For Steel Bulldings and Bridges, Section 3.1 and subsection 3.1.1 Option 1, and that no structural engineering services will be required by Fransen Pittman. This guaranteed maximum price is not a line Stem guaranteed maximum price and cannot be treated as S such. Due to the everchanging COVID-1�J pandemic there are potential risks and policies which are constantly shifting. We have not included additional money or schedule extensions for delays associated with 6 inspections, supply chains, govennment shutdowns, outbreaks, etc. Fransen Pittman is taking every precaution necessary to abide by the current government protocols and health orders for both the safety and well-being of s[aff, subcontractors and Firestone Town Hall. 7 No costs have been carried within the GMP associated with dry uffiity work or design work wMch includes gas, phone/data, cable, United Power, gas meters, ec.) Site work city/town/county/state pulbic ROW work, stormwater worK, utilities work, road work, site 8 stabilization, etc. performance bonds, guarantees and warranty bonds are not included in this GMP and assumed to be by Owner All Taxes are excluded from this project per discussion with the Owner and Architect This includes Use 'J Tax. We have an allowance of $150,000 to the case that the Use Tax is not covered by the Exemption Certificate. 1 of 15 FRANSEN P�TTMAN EXPECT PRECISION September 14, 2020 Divi.c'on Two 1 Dewatering is excluded from the Base Hid and assumed as not needed. 2 A 1-Year Maintenance Agrrement is included in the Hase Bid for Landscaping. Due to possible damage From the Tili-Up Concrete Crane to existing Asphalt and Concrete, allowances 3 have been cazried for Asphalt and Concrete Patching. 4 No perimeter drains or foundation drains have been included. 2 of 15 PRANSEN PITTMAN EXPECT PRECISION September 14, 2020 Division Three 1 Fransen Pittman does not warrant slabs -on -grade and slabs cast on metal decldng against craclting chat will affect the aesthetic chazacteristics of Che floor. Z Specific requirements limiting moisture or ph of concrete materials, including flow -fill are excluded from Scope of Work. Special coatings and/or special floor prepararions required For concrete due to moisture or ph conditions 3 are excluded from the Scope of Worl<. 3 of 15 FRANSEN PITTMAN EXPECT PRECISION September 14, 2020 ttivisinn Five 1 The Steel Subcontractor has carried an Allowance for Steel Embeds to or at the Tilt -Up Panels as the quantities of these items were not clearly d¢fined. 4of 15 FRANSEN P�TTMAN EXPECT PRECISION oi.n�tot, �ix 1 Millwork subcontractor is not A4VI or FSC certified_ September 14, 2020 5 of 15 PRANSEN P�TTMAN EXPECT PR ELISION September 14, 2020 Division Leven 1 The Warranty for the Roofing is assumed as a standard 20-Year Warranty. The specified 25 Year Warranty is excluded. Per the Specificarions, the Metal Edging and Membrane Transitions call for a Drexel Metal SecurEdge 400. 2 Our Roofer has priced an in-house product that meets the same requirements as the Drexe] Product. 6of 15 FRANSEN PITTMAN EXPECT PRECISION September 14, 2020 Diviainn Eieht 1 The storefront subcontractor has carried Tubelite as the manufacturer of the storefront doors and windows. We have a voluntary Alternate to Funrtsh and install Sunshades by Tubelite in lieu of the Architecrural 2 Louvers specified. 7 of 15 FRANSEN P�TTMAN EXPECT PR ELISION September 14, 2020 D"v� n Ni>.e � icFloor covering prices do not include special high moisture and/or excessive atkalinlry adhesives or special floor preparations. Fransen Pittman recommends Level S firdsh drywall. Should the Contract Documents specify a lower 2 grade finish, Fransen Pittman cannot guarantee a satisfactory final product as some irregularities may not be concealed, especially with the use of semi gloss of gloss sheens of paint and any wall covering type products. 3 An Allowance for Major Floor Preparation has been carried at $15,000. � The Exterior Canopy Columns are priced as Light Gauge Framing with a 4" Stone Veneer m match the Veneer on Tilt -Up Panels. We changed Wall Type A at Storage 118 into a Type G Wall so that 1t goes all the way to deck. Per the 5 Section detail, the ladder attaches to aPull-height wall. We recolrurlend atl the walls in this Storage Room be Full -Height. 6 Any walls specified to extend full height are figured wish a single piece of 20 ga deflection track with 2-1 /2" legs at the head of the wall. No Fire -Track or slatted track has been included. 7 An Allowance Por Acoustical Wall and Ceiling Treatments is befng carried at $22,500 as no design is currently decided on. Sof 15 ®FRANSEN P�TTMAN EXPECT PRECISION September 14, 2020 Divicinn Ten 1 Display Boards have been excluded Prom this price and carried by Dwner. 2 The Monument Sign is excluded and carried under the Owner, not Fransen Pittman. Code Required Signage solely fs included in this Scope of Work. We have a voluntary Alternate for Signage 3 at the Area oP Refuge, Accessible Drinldng Fountain, Accessible Entrances, and Ftre Extinguishers. 9 of 15 FRANSEN P�TTMAN EXPECT PRECISION September 14, 2020 Divis'nn Flever+ 1 All Residential Appliances are excluded and assumed as carried by Owner. 10 of 15 FRANSEN P�TTMAN EXPECT PRECIs10N September 14, 2020 pivision Twelve 1 Window Coverings are priced as an Approved Substitue by Lu-TeK. 11 of 15 FRANSEN P�TTMAN EXPECT PRECISION September 14, 2020 Di�:;inn TFli.�tee.+ 1 "I"tlis Scope of work has been excluded in its entirety. 12 of 15 FRANSEN P�TTMAN EXPECT PRE<ISION September 14, 2020 Division Fourteen 1 "Phis Scope of work has been excluded in its entirety. 13 of 15 PRANSEN PITTMAN EXPECT PRECISION September 14, 2020 piWsion Fifteen The permanent heating/cooling equipment provided as part of the Scope of Work may be used by Fransen Pittman Por construction heating/cooling prior to Substantial Completion of the Project. Proper 1 equipment maintenance, as recommended by the manufacturer, shall be implemented by Fransen Pittman. The warranty period on said equipment shall begin when such equipment is put into use during construction. Fire Sprinklers have been included in the Base Price. A Fire Line is also included into the Building. Fire Z Hydrants have been excluded. 3 A Dry Fire Sprinkler System at the Canpoy overhangs has been excluded from the Alternate Price as we assume it is not required by code. 4 A 1-Year Maintenance Agreement has been included in the Base Price for the Mechanical Systems. 14 of 15 FRANSEN P�TTMAN EXPECT PRECISION September 14, 2020 Division Sixteen Fransen Pittman excludes replacement of all light bulbs used in permanent fixrures during construction 1 regardless of the duration of use. However, all bulbs that are not working or are burnt out at the tithe of Substantial Completion will be replaced by Fransen Pittman. 2 The Generator is priced as relocated from [he existing Town Hall. No measures are currently in place for replacing this Generator at the existing Town Hall Building. We only have the conduit and routing of [he LV as it is shown/called out on the electrical drawings. Card 3 Readers, LV Cabling, Security Camera and any head end systems for access control and security 1s by other and not included in the GMP. 35 of 15 EXHIBIT J ®PRANSEN FIRESTON F_ TOWN HAI.N — �00 % CD GMP PpTTMAN .... ....a.. i�. � u:aCea Oomm�u va. �Canewrt� OM�6�OIV W Nut ��« __.__ ___ rvov .v r � tuna n.,nJ�in untl CUWmn Cqw Omy n,ibel r V �H� _ Y uu e�i..nuca .nann.a iiµlm ]Ji.]U0.40 aYaawNoc Cvero�k n...�..�c..wr..l ccww...r _ '�—i OI VaHtON Oa YiMon } MAN NO PIIa T6c�mul lncc Wuw � MATO ].550. K Ruu y. Mew4 Flm4in�'nm . YaVa9fON OB —�� --num r'�unu�s euNwum NO 1 X Sury�ry On1Y __[_O_N 09 _ ________ _ _______ _ _ _ ___ __ _ _ F min�yOryx C unJyu naeuunu: Connn<+civ Fflowing� x uvwun SS.�AS oo x mr ___. ae.<a.aa.. _ _ .a n. ..03.. x n ..Ji...��roa.J n.:.:, r.,.�..i_ s.,.. v..,.,�.e..,.n o n .,,�,,.�.. s a:w.:.. s e.moo omsaorcn sa��... as.ory .: w..Jo i..a. � uJv Lw LOL TW�m S�wnw �o� fw nlunn. _ MiK P.icwic FRANSEN P�TTMAN EXPECT PRECISION EXHIBIT K Firestone Town Hall — ioo % CD GMP List of Allowances 1. Asphalt Patching a. $zo,000 z. Site Concrete Patching a. $15,000 3. Wind and Weather Pl-otection Allowance a. $�75,000 4. Major Floor Preparation a. $15,000 5. Acoustical Wall and Ceiling Treatments a. $zz,5oo Engl�wooa (HOI wlnamr offl�e (303) 783-3900 9563 Soutb Kingston Cowt, Sulta 2p0 efflu (970) 460-5250 128 NortM1 6tM1 BKaaq Unl<O fax (303)983-3939 Englawootl.00 H0312 fxx (303)0H3-3939 WlndsaL C080550 FRANSENPITTMAN.COM