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HomeMy WebLinkAboutResolution 23-11 Steele & Freeman Gym RemodelWHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, construction manager at risk will amend the original guaranteed maximum price (GMP) to effectively provide the town with funds to install the critical infrastructure for the gym remodeling project; and, WHERE, AS, the program committee for the gym remodeling project has agreed that Steele & Freeman will provide Construction Manager -at -Risk service; and, WHEREAS, the WAAC will transfer the grant to the Town in order to fiind 1. 00% of the costs before the project will start; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, ICE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN F WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 20 If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not at -feet the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 3: That the Town of Westlake Town Council does hereby authorizing the Mayor to enter into an agreement with Steele & Freeman for construction manager at -risk services for the remodeling of the first floor of the gym building; establishing a guaranteed maximum price (GMP) at $1,087,968.00 attached hereto as Exhibit "A", and authorize town staff to make funding changes not to exceed $25,000.00 on this project. Resolution 23-11 Page 1 of 2 the Mayor enter negotiations with Steele & Freeman for construction manager at -risk services and the approval of; authorizing issuance of a notice to proceed with Steele & Freeman, Inc. for construction manager at -risk services establishing a guaranteed maximum price (GMP) for remodeling of the gym facilities located at 2600 Ottinger Road. and authorize town staff to make funding changes not to exceed $25,000.00 on this project. SECTION 4: That this resolution shall become effective from and after its date of passage. I` N A� I �I°€"i°"♦� R III ��� M C I � � ! 6I k, ��P � � i�I E� a i,''' �If ° ` ATTEST: Sean Kilbride, Mayor Amy M. Piukana, Town Secretary APPROVED AS TO FORM: AX L. Stanton. Lowry, Town Attorney Resolution 23-11 Page 2 of 2 utMl 1s��1mP�;,AI A- Document Al 33" — 2019 Standard r Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the day of in the year ADDITIONS AND DELETIONS:ade (hi words, indicate. day, month, and year.) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Name, legal status, address, and other ir formation) have revised the text of the original AIA standard form. An Additions and Town of Westlake Deletions Report that notes added information as well as revisions to the 1500 Solana Boulevard standard form text is available from Building 7, Suite 7200 the author and should be reviewed. A Westlake, Texas 76262 vertical line in the left margin of this document indicates where the author and the Construction Manager: has added necessary information (Marne, legal status, address, and other inforinati"on) and where the author has added to or deleted from the original AIA text. Steele & Freeman, Inc. 1301 Lawson Road This document has important legal Fort Worth, 'Texas 76131 consequences. Consultation with an attorney is encouraged with respect to its completion or modification, for the following Project: AIA Document A201 T11-2017, (Name, location, and detailed description) General Conditions of the Contract for Construction, is adopted in this Westlake Academy Gymnasium Building Renovation document by reference. Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status, address, and other information) Glenn I Partners 5646 Milton Street, Suite 426 Dallas, Texas 75206 The Owner and Construction Manager agree as follows. Init. AIA Document A133 —2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance t with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 5 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS III PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS '15 SCOPE OF THE AGREEMENT EXHIBIT" A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE "I INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set. forth in this Section 1,1. (I'or each item in this section, insert the information or a statement such as "not applicable" or "unknown at lime of execution.') § 1,1.1 The Owner's program for the Project, as described in Section 4.1.1: (Insert the Owner's program, idenlify� documentation that establishes the Owner's program, or state the nzarn2er in which the program will be developed.) The scope of work will be defined in the plans and specifications issued from Glenn Partners and agreed upon in the future GuaranteedMaximum Price Amendment. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent it formation about, the P)-oject's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic, surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) Project consists of renovations, two sets of smaller locker rooms, scoreboard, courtstriping, bleachers, acoustical panels, and configuration of storage rooms. § 1.1.3 The Owner's budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, ifknown, a line item breakdown.) ... Init. AIA Document A 133— 2019. Copyright @ 1991, 2003, 2009 and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects,' AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute or Architects. This document was produced at 12:58:33 ET on 02109/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed For one-time use only, and may only be used in accordance t with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) The Owner's budget will be defined and agreed upon in the future Guaranteed Maximum Price Amendment § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Not Applicable .2 Construction commencement. date: Construction commencement will be established by a Notice to Proceed following acceptance of the future Guaranteed Maximum Price Amendment. .3 Substantial Completion date or dates: Substantial Completion will be established and agreed upon in the future Guaranteed Maximum Price Amendment 4 Other milestone dates: Not Applicable § 1.1.5 The Owner's requirements f'or accelerated or fast -track scheduling, or phased construction, are set forth below', (Identify any regttii-ernerits for fast -track scheduding or phased construction.) Not Applicable § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable. Objective for the Project,, if any.) Not Applicable § 1.1.6.1 if the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall cornpletc and incorporate AIA Document E234TIK-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. 11' 1234-2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective, § 1.1.7 Other Project information: (Identify s1mcial characteristics or needs of the Project not provided elsewhere.) § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information,) Troy Meyer, Assistant Town Manager Town of Westlake 1500 Solana Boulevard Building 7, Suite 7200 Westlake, Texas 76262 817-490-5735 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner are as follows: _ _ ---....... ... .... -, Init. AIA Document A133 — 2019. Copyright V 1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects ""American Institute of Architects," "AIA," the AIA Logo, and 'Al A Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/09/2023 under Order No,4104236664 which expires on 10t04/2023, is not for resale, is licensed for one -lime use only, and may only be used in accordance t with the AIA Contract Documents` Terms of Service. To report copyright violations, e-mail docinro@aiacontracts.com, User Notes: (1450799920) (List name, address and other contact information) Not Applicable § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) Geotechnical Engineer: Alpha Consulting Engineers 4975 Preston Park Boulevard, Suite 640W Plano, Texas 75093 .2 Civil Engineer: Not Applicable .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or.Prograrn Manager) Not Applicable § U.11 The Architect's representative: (List name, address, and other contact information) Greg Estes, RA, M.Arch Glenn j Partners 5646 Milton Street, Suite 426 Dallas, Texas 75206 469-930-7655 § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact it jornuation) Michael D, Freeman, President Steele & Freeman, Inc. 1301 Lawson Road Fort Worth, Texas 76131 817-232-4742 § 1.1.13 The Owner's requirements for the Construction Manager's staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner -specific requirements to be included in the staffingplan.) Not Applicable § 1.1.14 The Owner's requirements for subcontractor procurement for the performance of the Work: (List any Owner-spec:flc requirements for subcoratr•actorprocurernerut,) Init.AIA Document A133 — 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance t with the AIA Contract Documents1tl Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) Not Applicable § 1.1.15 Other Initial Information on which this Agreement is based Not Applicable § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information inay materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the Project schedule, the Construction Manager's services, and the Construction Manager's compensation. The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial information. 1= § 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days' prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3-2.8. The Contract represents the entire and integrated agreement between the parties hereto and siipersecles prior negotiations, representations or agreements, either written or oral. If anything in the other ' Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. Ali enumeration of the Contract Documents, other than a Modification, appears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner to furnish efficient construction administration, management services, and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in In expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Constructiori Manager in accordance with the requirements of the Conti -act Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201 T111 —2017, General Conditions of'the Contract: or Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents- Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services, Section 10.3, Hazardous Materials; Section 13. 1, Governing Law. Tile term "Contractor" as used in A201-2017 shall mean the Construction Manager. 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2017, which document is incorporated herein by reference. The term "Contractor" as used in A201-2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and ill the applicable provisions of A201-2017 referenced in Section 2.3.1. Tile Construction Manager's Construction Phase responsibilities are set forth in Section 3.3. The Owncr and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently, The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. AIA Document A133 —2019. Copyright V 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects." "American Institute of Architects," Init. "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/09/2023 under Order No,4104236664 which expires an 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com, User Notes: (1450799920) § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estirnatcs and schedules except as may be included as part of the Guaranteed Maximum Price, The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in teens of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and Construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs Or materials, preliminary budgets, life -cycle data, and possible cost reductions. The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project, using AIA Document E203"',',1-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 3.1.4 Project Schedule When Project requirements in Section 4. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relatingto the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities; and identify items that affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered in advance of construction; and the oceitpancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, consti-Lictability, provisions for temporary facilities, and procurement and construction scheduling issues. § 3.11.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect's review and the Owner's approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and 0 Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. _­_­­1 . . ....... . .. . .......... Init. AIA Document A133 —2019. Copyright Q 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/0912023 under Order No.4104236664 which expires on 10104/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of service- To report copyright violations, e-mail docinfo@aiaconlracts.com. Notes: (1450799920) The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum. Price for the Work, The estimate shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approve(] Project budget., and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect's review and the Owner's approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner's review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E2341M-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner's requirements, for the Owner's review and approval. § 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project, § 3.1.11.31'he processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction. Phase. § 3,1.12 Procurement The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi -governmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement ofsub contractors, etc.) Not Applicable § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review, and the Owner's acceptance. The __-----_.__............. _.__v...__--_ __.__--- ..__._-____.___... _... ... ---.... __... ..... _.....w..__.__ _..._.__ Init. AIA Document At 33 — 2019. Copyright i<7 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/09/2023 under Order No.4104236564 which expires on 1010412023, is not for resale, is licensed for one-time use only, and may only be used in accordance t with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, the Construction Manager's contingency described in Section 3.2.4, and the Construction Manager's Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings end Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager's contingency set forth in Section 3.2.4; and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Nlaximum Price is based; and .0 A date by which the Owner must accept the Guaranteed Maximum 'Price. § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency for the Construction Manager's exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price Proposal, In the event that the Owner or Architect discover any inconsistencies or inaccuracies ill the information presented, the), shall promptly notify the Construction Manager, who shall make appropriate adjustrnents to the Guaranteed Maximum Price proposal, its basis, or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximurn Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximtun Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed -upon assunptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201-2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. _..... ___..m_.. _ _. �._..... _... —... .-- — .. _.._-..—... _.___.__ ............. ......—_�_ Init. AIA Document A133 — 2019. Copyright @ 1991 2003, 2009 and 2019. All rights reserved. The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) § 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties. The written agreement shall set forth a description of the Work to be performed by the Construction 'Manager, and any insurance and bond requirements for Worlc performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201-2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project:. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Constriction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual. costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs arc] report the variances to the Owner and Architect, and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3,2.3 above. ARTICLE 4 OVVNER'S RESPONSIBILITIES 4.1 Information and Services Required of the Owner § 4A.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to full ill the Owner's obligations under the Contract. After execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4J.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 Article 7, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. if the Owner significantly increases or decreases [lie Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the PreconstrUCtion Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to (lie Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work, Init. AIA Document A133 —2019. Copyright@ 1991, 2003, 2009, and 2019, All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 9 on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance 1 with the AIA Contract Documentsw Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required bylaw and as otherwise agreed to by the parties, such as structural, mechanical, and clrentical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include test borings, test pits, detenninations of soil bearing values, percolation tests, evaluations of hazes -dons materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate reconunendations. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 4.1,5 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E234Tm-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly mud furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2017, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet (lie Owner's needs and interests. § 4.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B 133TI4-2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, including any additional services requested by the Construction Maurager that are necessary for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect, and any further modifications to the Architect's scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation and include a list of reiinbursable cost items, as applicable) No Charge ($0.00) § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager's Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below) Not Applicable In it. AIA Document A133 —2019. Copyright n 1991, 2003, 20D9, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 10 on 021Q912023 under Order No.4104236664 which expires on 1010412023, is not for resale, is licensed for one-time use only, and may only be used in accordance 1 with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiaconlracts.com. User Notes: (1450799920) Individual or Position Rate § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within ( ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed, § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid Not Applicable (N/A )days after f lie invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing ftom time to time at the principal place of business of the Construction Manager, (Inserl rate of monthly or annual interest agreed upon) ARTICLE 6 COMPENSATION FOR CONSTRUCTION PFIASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the. Contract Sum in current funds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (State a hwil) sum, percentage of Cost of the Work or other provision for determbibic, the Construction jlfanager's Fee.) The Construction Manager',,,, Fee shall be 6.00% of the G1\4P. The Overhead Fee shall be a ILIMPRIM annotitil of $143,768.00 to include on -site field staff, field project office, office supplies, postage/shipping/courier service, copy machine/paper, lelephone/data/intemet/fax service, vehicle allowance for field staff and personal computers. Builder's Risk Insurance General/Umbrella Liability insurance Payment and Performance Bonds Subcontractor Default Insurance 0. 18% of the 6M P. 0,32% of the GMP. 1.311/o of the GMP. 1.50'/,� of Enrolled Subcontractors/Suppliers § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: The method of adjustment of the Construction Manager's Fees will be in accordance with the percentage fees stipulated in Paragraph 6.1.2 for any changes in excess of the Original GMP. § 6.1.4 Limitations, i I any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Subcontractor's overhead and profit for increases in the cost of its portion of die Work shall be limited to 10% overhead and 5% profit. § 6.1.5 Rental rates for Construction Manager -owned equipment shall not exceed percent ( %) of the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages, if any: ... ..... - AIA Document A133 —2019. Copyright G 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," Init. "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 11 on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail dor.info@aiacontracts.com. User Notes: (1450799920) (Insert teens and conditions for liquidated danzages, if any) Not Applicable § 6.1.7 Other: (Insert provisions far bonus, cost savings or other incentives, if any, that might result in a change to the Contract Suln.) All final balances in betterment, contingency and allowances will be credit in full to the Owner at contract completion. § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The 0 Construction Manager may be entitled to an equitable adjustment in the Contract Tilneas a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work, as provided in Article 7 of ATA Document A201-2017, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed if) Article 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201-2017, as they refer to "cost" and "fee," and not by Articles 6 and 7 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated ill accordance with the terms of those subcontracts. § 6.3.4 In calculating adjuStluCTAS to the Guaranteed Maxin"11,11TI Price, the terms "cost" and "costs" as used in Alticle 7 of AIA Document A201--2017 shall mean the Cost of the Work, as defined in Article 7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 6. 1 .2 of this Agrecillent. § 6.3.5 1J.'no specific provision is made in Section 6.1.3 lor adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 6.1.3 will cause Substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through T7. § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior approval, the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. . .... .. ......... AIA Document A 133 —2019, Copyright @ 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," Init. "AIA," the AIA Logo, and 'AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 12 on 02/09/2023 under Order No.4104236664 which expires on 10/0412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com, User Notes: (1450799920) § 7.2.2 ",ages or salaries of the Construction Manager's supervisory and administrative pC]"SOD-11CI when stationed at the site and performing Work, with the Owner's prior approval, § 7.2.2.1 Wages or salaries of the Construction Manager's supervisory and administrative I)crsonDel when performing Work and stationed at a location other than the site, but only For that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type qfacrivity an4, Y'al)j)licahle, any agreed upon percentage of time to he devoted to the JVork) The following personnel are included in the Lump Sum Overhead Fee above: Senior Project Manager allocated at 10%. Project Manager allocated at 50%. General Supeninleadent allocated at 10%, Superintendent allocated at 100%. § 7.2.3 Wages and salaries of the Construction -Manager's super vismy or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation ofmaterials or equipment required for the Work, but only for that portion of their time required for the Woi-l(. § 7.2.4 Costs paid at- incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective. bargaining agreements, custon-iary benefits such as sick leave, medical and, licafth benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the 'Nock under Sections 7.2. 1 through 7.2.3. 7.2.5 11 agreed rates for labor costs, in lieu OfaCtUaJ costs, are provided in this Agreement, the rates shall. remain 0 unchanged throughout (tic duration of this Agreement, unless the parties execute a Modification. C� § 7.3 Subcontract Costs Payments made by the Construction Manager to Subconlraclors In accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, ofinaterials aild equipment incorporated, or to be incorporated, in the completed construction. § 1.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to alloA, for reasonable waste and spoilage. Unused excess materials, if' any, shall becorne the Owner's ( l ) ctio I propei-ty at the )n I t c I I of the Work or, at the Owner's option, shall be sold 1)), the Construction Manager. Any amounts realized front such sales shall be credited to the Owner as a deduction from the Cost of the Work. 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal ofmaterials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site, arid fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipmeni, and tools, that are, not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is Do longer used at the Projecl site, Costs for iterns not fully consumed by the Coils truction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, shall be subject to the 0-wilar's prior approval. The total rental cost of any such equipment May not exceed the purchase price of any comparable item. § 7.5.3 Costs ofremoval of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Cost; Of the Construction Manager's site office, including general office equipment and supplies. . ..... .... .. . AIA Document At 33 -- 2019. Copyright 1991, 2003, 2009. and 2019. All rights reserved, "The American Institute of Architects," "American Institute of Architects," Init. "AIA," the AIA Logo, and 'AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/0912023 under order No.4104236664 which expires an 1010412023, is not for resale, is licensed for one -lime use Only, and May only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.corn, User Notes: (145079992.0) § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract, § 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval, § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager, with the Owner's prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Construction Manager is liable. § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201-2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 loyalties and license fees paid for the use of a particular design, process,, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patient rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against. the Construction Manager resulting from such suits or claims, and payments of settlements made with the Owner's consent, unless the Construction Nlanager had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201-2017. The costs of legal defenses, judgments, an(] settlements shall not be included in the Cost of the Work used to calculate the Construction Manager's Fee or subject: to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner's prior approval.. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.6 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § 7.6.10 Expenses incurred in accordance with the Construction Manager's standard written persomml policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work, with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other- costs incurred in the performance of the Work, with the Owner's prior approval. Init. AIA Document A133 — 2019, Copyright n 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 12:58M ET 1 on 02/0912023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of'persons and property, as provided in Article 10 of AIA Document A201-2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Construction Manager, and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201-2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the terns "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of, the Constriction Manager holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Construction Manager. § 7.6.2 If any of the costs to be reimbursed arise from a transaction between the Constriction Manager and a related party, the Constriction Manager shall notify the Owner of the specific nature of the contemplated transaction., including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 9. lf'the Owner fails to authorize the transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Constriction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office; except as specifically provided in Section 7.2, or as may be provided in Article 14; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Constriction Manager's principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Sections 7.1 to 7.7; .5 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to tllc negligence of, or failure to fulfill a specific responsibility of the Contract by, the Construction Manager, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .9 Costs for services incurred during the Preconstruction Phase.. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. Init. AIA Document A133 — 2019, Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Archit11 ects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 1 on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) 8.2 Amounts that accrue to the Owner in accordance with the provisions of'Section 8.1 shall be credited to the Owner as a deduction from (lie Cost of the Work, ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 Those portions of the Work that the Coj.i.sfi-ticti(,)II.N4,i:iiigci- does not customarily perform with the Construction Manager's own personnel shall be performed Under subcontracts or other appropriate agreements with the Construction Manager, The Owner may designate specific per fi-oni whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment J.'abricated especially for the Work, who are qualified to perfoirn that portion of the Work in accordance with the requirements of the Contract I)ocunients. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager's list of proposed subcontractors and SLIPPliershi consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Coil struc G oil Manager of its responsibility to perf'orni the Work in accordance with the Contract Documents, The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the ' Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Oi-der be issue(] to adjust (lie GLiarantced Maximum Price by the difference between the bid of the person Or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person of, entity designated by the 0%vllcr. § 9.2 Subcontracts or other agreements shall Conform to the applicable payment provisions of this ,Agreement, and shall not be awarded on the basis of cost plus a fee without: the Owner's, prior Written approval, If a subcontract is, awarded on the basis of cost plus a fee: the Consiniction 1 ,Jana,ocr shall Provide in the Subcontract for the Owner to receive the saute audit rights with regard to the Subcontractor as the Owner receives with regard to (fie Consti-tiction Manager if) Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manaocr shall kccP full and detailed records and accounts related to the Cost of the Work, and exci-cise such controls, as may be necessary for proper financial rnana&'eluent under this Contract and to substantiate all costs, incurred. 'File accounting and control systems shall be satisfactory to the Ownci-. 'Flio Owner and the OW11C]"S 'ZILlditOl-S shall, during regular business I-10LIT-9 and upon reasomlble notice, be afforded access to, and shall be permitted to audit and COPY, the COIlSti-LICtioll Manager's records and accounts, including C0111I)ICIC (k)C11111011tatiOn SflpPOJ_tll1t_-, accounting entries, books, job cost reports, correspondence, instructions, drawnl'=S, I_CCCiptS, subcontracts, Subcontractor's Proposals, Subcontractor's invoices, purchase orders, vouchers, niemoranda., and ollicr data relating to this Contract. The Construction. Manager shall preserve these records flora period of three years after fitial payment, or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 11.1 Progress Payments 11.1.1 Based Upon Applications for Payment submitted to the Architect by the Construction Manager, aild Certificates for Payment issued by the Architect, the 0WIler shall make progress payment's on accoulit of the Contract Sum, to the Construction .Manager, as provided below and elsewhere in the Contract DOCUTIMAS. § I iJ.2 The Period covered by each Application for Payment shall be one calendar month ending on the last day Of the month, or as follows: § 11.1.3 Provided that an Application for Payment is received by the Architect ilot later than the Iasi: day of a month, 1110 Owner shall make payment of the amount certified to the Construction Manager not later than the last clay of the following month. If all Application tor Payment is received by the Architect after the application date fixed above. payment of the amount certil.led shall be made by the Owner not later than thirty calendar (30 ) days after tlicArcilitect receives the Application for Payment. (Federal, state Or local laws may require payrnent ivithin a certain period of thne.) Init. AA Document Al 33 — 2019. Copyright @ 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AlA," the AA Logo, and "AlA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 1 2:5fl:33 ET on 02/09/2023 under Order No.4104236664 which expires on 10!04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance 16 with the AlA Contract Documenls'TerrflS Of Service. To report copyright violations, e-mail docinfo@aiacontracts.corn. User Notes: (1450799920) § 11.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, reccipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager's Fee. § 11.1.5 Each Application for Payment shall be based on the most. recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that arc included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Construction Manager's Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 11.1.5.2 The allocation of the Guaranteed Maxirnum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § '11.1.5.3 When the Construction Manager allocates costs from a contingency to another line 'item h1 the schedule of' values, the Construction. Manager shall submit supporting documentation to the Architect. § 11.1.6 Applications for Payment: shall show the percentage of completion of each portion of the Work as o f the end of the period covered by the Application for Pa.yrncnt. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the ConstrliC11011 Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 11.1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 11.1.7.1 The arnount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and .4 The Construction Manager's Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1. and '1 1,1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager's Fee is stated as a fixed sum if) that Section, an amount that bears the same ratio to that fixed -suns fee as the; Cost of the Work included in Sections 11.1.7.1.1 and 1 1.1.7.1.2 bears to a reasonable estimate of the probable Cost. of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in. Article 9 of AIA Document A201-2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; -.-- _.-.........- _.._...---.. — ..`...._.._ --- AIA Document A133 — 2019. CopYright O 1991 2003, 2009served. "The American Institute of Architects and 2019. AlAll rights re American Institute of Architects," Init. "AIA," the AIA Logo, and AIA Contract Documents are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 17 on 02109/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents°) Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Retainage withheld pursuant to Section 11,1. S. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work; the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage frrorn each Application for Payment. The amount of retainage may be limited by governing law.) Retainage of Five Percent (5,00%) will be help on each progress payment prior to Substantial Completion of t11c Work. § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) Not Applicable § 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 11.1.8.1 is to be moclified prior to Substantial Completion of the entire Work, insert provisions for such modification.) Not Applicable § 11.1.8.3 Except as set forth in this Section 1 1.1.8.3, upon Substantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as zq)on completion of the Owner's audit and reconciliation, upon Substantial Completion.) Not Applicable § 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager, the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 11.1.10 Except with the Owner's prior written approval, the Construction. Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.'1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 11.1.121n taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that. the Architect has made exhaustive or continuous on -site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 11.2 Final Payment § '11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when Init. AIA Document A133 —2019. Copyright CD1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 18 on 02/09/2023 under Order No.4104236664 which expires on 10/0412023, is not for resale, is licensed for one-time use only, and may only be used in accordance t with the AIA Contract Documents¢ Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) .1 the Construction Manager has fully performed the Contract, except for the Construction Manager's responsibility to correct Work as provided in Article 12 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 for Payment has been issued by the Architect in accordance with Section 11.2.2.2. § 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Lost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a Final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9 of AIA Document A201-2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201-2017. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 11.2.2.31f the Owner's auditors' report concludes that the Cost of the Work, as substantiated by the Construction Manager's final accounting, is less than clairned by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201-2017. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's Final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding oil the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 11.2.3 Tile Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows; Not Applicable § '11.2.4 I1, subsequent to final payment, and at the Owner's request, the Construction Manager incurs costs, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall. reimburse the Construction Manager for such costs, and the Construction Manager's Fee applicable thereto, our the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Nice. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3Interest Payments due and unpaid under the Contract shall bear interest froin the date payment is due at the rate stated below, or in the absence thereof, it tine legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, Y'any) Not Applicable % N/A ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201--2017. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 12.1.2 of this Agreement shall not apply, Init. AIA Document A133 — 2019, Copyright© 1991, 2003, 2009, and 2019. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 19 on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, Is licensed for one -lime use only, and may only be used in accordance 1 with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontraets.com. User Notes: (1450799920) § 12.1.2 The Architect will serve as the Initial. Decision Maker pursuant to Article 15 of AIA Document A201-2017 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other- contact irforntation of the Initial Decision Masker, if other than: the Architect.) Not Applicable § 12.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Article 15 of AIA Document A201-2017 [ e ] Litigation in a court of competent jurisdiction [ ] Other: (,Specie) If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § '13.1.1 If the Owner and the Construction Manager -do not reach an agreement on the Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager, and the Construction. Manager may terminate this Agrecnierrt, upon not less than seven days' written notice. to the Owner. § 13.1.2In the event of termination ofthis Agreement pursuant. to Section 13.1.1, the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination, in accordance with the terms of this Agreement. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Article 14 of A201-2017. § '13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction Manager shall be equitably compensated for Pi econstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an Init. AIA Document Al33 — 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects,"'Arnerican Institute of Architeels,' "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 20 on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance l with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracls,com. User Notes: (1450799920) amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is riot otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1,6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had riot been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement trot been terminated, the Construction Manager will. terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager tlhe costs necessarily incurred by the Construction Manager because of such termination.. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum price Amendment § '13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of.'AIA .Document A201-2017. § 13.2.2 Termination by the Owner for Cause § '13.221 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2017, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201---2017 shall notcause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: ,1 Take the Cost of the Work incurred by the Constriction Manager to the date of termination; .2 Add the Construction Manager's Fee, computed upon the Cost of time Work to the date of lerrmination at the rate stated in Section 6.1 or, if the Construction Manager' Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of t:he Work at the lime of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payurrents made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201-2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1. 'fo the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager- shall, as a. condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as tme Owner may require for the purpose of frilly vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Construction Manager a termination fee as follows: (Insert the amount of or method for determining the fee, if any, payable to the Construction Manager following a termination for the Owner's convenience) If the Owner terminates the Contract, the Construction Manager shall be paid the Construction Manager Fee equal to the percent complete_ ___ _ - _...._.. __ _ _ _ _ ...... . _..__.. Init. A[AD OCUment A133 2019. Copyright © 1991 2003, 2009, and 2019. All rights reserved.' The American Institute of Architects,' "American Institute of Architects," AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects, This document was produced at 12:58:33 ET 21 on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A220 1-2017-, in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201-201 7, except that the term "pro -fit" shall be understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Tern -is in this Agreement shall have the same meaning as those in A201-2017. Where reference is made in this Agreement to a provision of AIA Document A201--201.7 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager, 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 14.2.2 of this Agreement, and in Section 13.2.2 of A201-2017, neither party to the Conti -act shall assign the Contract as a whole without written consent of the other. If either part), attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing construction Financing for the Project, if the lender assumes the Owner's right,-, and obligations under the Contract Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3 Insurance and Bonds § 14.31 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstyuction Services performed Linder this Agreement. If any of the requirements set.6orth below exceed the types and limits the Construction 0 Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 14.3.1.1 Commercial General Liability with policy limits of'not less than two million dollars (S 2,000,000 ) for each occurrence and two million dollars ($ 27000,000 ) in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager with policy limits of not less than one million dollars ($ 1,000,000 ) per accident for bodily injury, cleath of any person, and property damage arising out of the ownership, maintenance and Use of those motor vehicles, along with any other statutorily required automobile coverage, § '14.3.1.3'1'he Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary arid excess or umbrella liability insurance, provided that such primary and excess or umbrella'liability insurance policies result in the same or greater coverage as the coverages required under Sections 14.3. 1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than one million dollars ($ 1,000,000 ) each accident, one million dollars ($ 1,000,000 ) each employee, and one million dollars (S 1,000,000 ) policy limit. § 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than one million dollars ($ 1,000,000 ) per claim and one million ($ 1,000,000 ) in the aggregate. § K3.1.6Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits Excess Liability over Commercial $10,000,000 each occurrence; $10,000,000 general aggregate AIA Document A133 —2019, Copyright Oc 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," [nit. "AIA," the AIA Logo. and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET 22 on 02/09/2023 under Order No,4104236664 which expires on 10/0412023, is not for resale, is licensed for one-time use only, and may only be used in accordance 1 with the AIA Contract DocurnentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts,com, User Notes: (1450799920) General Liability, Business Automobile Liability and Employer's Liability Builder's Risk Insurance Equal to GMP Amount. Excludes coverage of existing facilities. 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or ornissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A133 1`11--2019, 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, Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents, § 14.3-2.1 The Construction Manager shall provide bonds as set forth in AIA Document Al 33T111--2019 Exhibit B, and elsewhere in the Contract Documents. § 14.4 Notice in electronic format, pursuant to Article I ofAlA DOCUincilt A201--2017, may be given in accordance with AI -A Document E203 T111-2013, Building Triformation Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (ff other than in accordance ivith A/A.Docunient 1-7203-2013, trzsert regtrirerrzerzts frn delivering notice in electronic firnzat such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) Not Applicable § '14.5 Other provisions: Not Applicable ARTICLE 15 SCOPE OF THE AGREEMENT § 151 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement tray be amended only by written instrument signed by both Owner and Construction Manager. 15.2 The following documents comprise the Agreement .1 AIA Document A 133Tm--2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus aFcc with a Guaranteed Maximum Price .2 AIA Docutrient. A 133"111-2019, Exhibit A, Guaranteed Maximum Price Amendment, if executed .3 AIA Document A133"'m-2019, Exhibit B, Insurance and Bonds .4 AIA Document A20 ITm-2017, General Conditions of the Contract for Construction .5 AIA Document E203"'111-2013, Building Inforriiation Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) Not Applicable Other Exhibits: (Check all boxes that apply) AIA Document A133 —2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects." "American Institute of Architects," "A A," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/0912023 under Order No.4104236664 which expires an 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance 23 with the AIA Contract Documen10 Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) [ ] AIA Document E2341"1-2019, Sustainable Projects Exhibit, Constniction Manager as Constructor Edition, dated as indicated below: (Insert the date of the H234-2019 incorporated into this Agreement.) [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .7 Other documents, if: any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. f1111 Docarrnent A201-2017provides that the aclvertise»rent or invitation to bid, Instructions to Bidders, sample forms, the Construction Uanager's bid or proposal, portions ofAddenda relating to bidding or proposal reguirernents, and other information fr.rrnished by the Owner in anticipation of receiving bids or proposals, are notpart of the Contract Documents taxless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Not Applicable This Agreement is entered into as of die day and year first written above. OIl4lNER (Sigrralzrre) ONSTRUCTIONWANAGER (Signatzu e) Honorable Sean Kilbride Mayor of tlic Town of U' Westlake Michael D. Freeman President (Printed name and title) -.-., . ('printed name and title) Init. AIA Document A133 — 2019, Copyright @ 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institule of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:56:33 ET 24 on 0210912023 under Order No.4104236664 which expires on 10/04/2023, is not for resalo, is licensed for one-time use only, and may only be used In accordance t with the AIA Contract Documents"' Terms of Service, To report copyright violations, e-mail doclnfo@alaconlracts.com, User Notes: (1450799920) Additions and Deletions Report for AIAO Document A 133° - 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:58:33 ET on 02/0912023, Town of Westlake 1500 Solana Boulevard Buildim-Y 7, Suite 7200' Westlake. Texas 76262 Steele & Freeman. -Tue. 1301 Lawson Road Texas 76131 Fort orth,_1'e.....__._..__-- Westlake. uildlmRenovation —Ac,ndenzy Cr},>rulasium B . „., ... _.._..._. (rlenn.: Partners 5646 Milton Street., Suite 426 Dallas, Texas 75206 PAGE 2 'Elie sqqj?g of work will be defined in the 1"lans and specifications issued from Glenn Partners, and a-,, iced upon in the future Guaranteed Maximum Price Amendment. o,anels� and configurof ation noon tof story o sets roomof s smaller locket- rooms scoreboard, court striping, bleachers, acoustical PAGE 3 The Owners bud<wet will be defined and ataeed upon in the future Guaranteed Maximum Price Amendment .. _ _ _._ Not Applicable Construction..cominencement will be established _b)._a Notice to Proceed fol1owin c accel7taticeof the future Guaranteed Maximum Price Amendment, Additions and Deletions Report for AIA Document A133 — 2019. Copyright© 1991, 2003, 2009, and'2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This } document was produced at 12:58:33 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) Substantial Coin-nletion will be established and agreed upon in the future Guaranteed Maximum Price Amendment Not. Applicable Not Applicable. Not Applicable Troy Mever..Assistant Town Manager own Tof Westlake 1500 Solana Boulevard BuildinL, 7, Suite 7200 Westlake. Texas 76262 417-490-5735 PAGE Not Applicable AlRl a Qonsultin Engineers 4975 Preston Park Boulcvard. Suite 640W Plano Texas 75093 Not Alplicable Not Applicable crre,t,_rstes., RA, M.Arch ... Glenn Partners 5646 Milton Street, Suite 426 Dallas, Texas 75206 ............ . 469-930-7655 Michael _D._Freeman, President_ Steele & Freeman, Inc, 1301 Lawson Road Fort Worth, Texas 76131 Additions and Deletions Report for ALA Document A133 — 2019. Copyright @ 1991, 2003, 2009, and 2019>. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:58:33 ET on 02/09/2023 under Order No.4104236664 which expires on 10/0412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) 817-232-4742 Not. Applicable PAGE 5 Not Applicable Not Applicable PAGE 7 Not Apjjjt able PAGE 10 No Char re (,$0.001 Not Applical_lc PAGE 11 § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid Not Applicable (N/A ) days after the invoice date shall bear- interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. The Constnuction _Manager's Fee shall be 6.00% of the GMP. The Overt amount of.$143.76,9.00 to include_on-site field staff _Held proiect office office ' heuc Fee shall be a lum � suula ant _ su, �11e5 .,osta�!C/shi , pun,,/couureu l l 3� 1 4_ _ . service -copy rnachinc/lxaher. telellhoneldata%interncl/fax service, veluicle. allowance for field staff and flersonal computers. Builder's Risk. Insurance 0.18% of the GMP. General/Umbrella Liabili(v,.Insurance 0.32% of the GIr2P. Paw silent and Performance Bonds I,31%_ofthe GIAP. Subcontractor Default Insurance /o 1,50 of Enrolled Subcontractors/Sul>]�liers 0 ..__J----__-._ ice with the lrercenti<�e fees T..ue mctliocl of ad ustment of the Construction Mapa�icr's Fees will be in accordar,, , _ stil)ulatcd in paragraph, G 1.2 for a iv chanw.�es m excess of the O iginal GMP. Subcontractor's overhead a_ nd profit for increases in the cost of its portion of the, Work shall be limited to 10% overhead and 5% profit. PAGE 12 Not Apf licable All _final, balances in betterment, contingency and allowances will be credit' full to the Owner at contract completion. Additions and Deletions Report for AIA Docurnent A133 — 2019. Copyright© 1991, 2003, 2009, and 2019>. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft 3 was produced at 12:58:33 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail decinfo@aiacontracts.com. User Notes: (1450799920) PAGE 13 Thefollowingpersonnel are included in the Lum17 Sum Overhead Fee above: Senior Project Manaaer.allocated at I Project Manager allocated at 50%.. General Str11eriirtendent allocated at 10%. Superintendent allocated at 100%. PAGE 16 § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 1-ast -day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the last day of the following- month. Han Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not: later than thirty calendar_ ( 30 ) days after the Architect receives the Application for Payment. PAGE 18 Retamar2e of Five (5.00%1 will be bell) on each pro(ress payrment prior to Substantial Coin )letio l of the Work. Not Ap.hrlicable Not An 7licable Not &L� lic.able PAGE 19 Not Applicable Not Applicable % N/A PAGE 20 hlot_Aaz171icable [ X ] Litigation in a court of cornpetent jurisdiction If th�eOwn co! terminates the Contract, the Construction Manager shall be Maid the CODAFUcttwl Mana !er Fee equal to the L)Wlrer n ,lete. PAGE 22 § 14.3.1.1 Commercial General Liability with policy limits of not less than lwo_million dollars (S 2_000,,000 ) for each occurrence and two million dollars _(S 2.000,000 ) in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager with policy limits of not less than one million dollars .($ 1.00-0-MO ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. Additions and Deletions Report for AIA Document A133 — 2019. Copyright OO 1991. 2003, 2009, and 2019>. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:58:33 ET on 02/09/2023 under Order No.4104236664 which expires on 10/0412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than one million dollars. _($ 1,000_000 ) each accident, one million dollars.- ($ 1.000.000 ') each employee, and one million dollars ($ 1,000.000 ) policy limit. § 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional. sel- ices, with policy limits of not less than one million dollars -_ ($ 1,000,000 ) per claim and one million ($ 1Q00.000 ) in the aggregate. _. � b10,000,000 each occurrence S10,000 000,?,eneral a+tn.ere��atc Excess Liabtlit � over Co>7nmcrcial _._ . Cieneral_LiabilitvBusiness Automobile Liabilily and Emlilover's Liability BUild, a 1 - -- _veraue of existng. er s Risk Insurance Eciaal to C1MP amount. Excludes co,i . __- facilities. IMAGE 23 Npt._A!2pIlicable Not Annlicabie 1`Tot Al�lllic�Ule PAGE 24 Not Apr licable. Honorable Sean 1Cilbride Ma%,or of the Town of Westlake Michael D. Freeman President. Additions and Deletions Report for AIA Document A133 — 2019, Copyright © 1991, 2003, 2009, and 2019}. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This drag 5 was produced at 12:58:33 ET on 02/09f2023 under Order No.4104236664 which expires on 1 W04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1450799920) Certification cunt's Authenticity AIA' Document D401 T11 —2003 I, , hereby certify, to the best of my knowledgc, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:58:33 ET on 02/09/2023 under Order No. 4104236664 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A 133T"' — 2019, 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 Maxi),nurn Price, other than those additions and deletions shown in the associated Additions and Deletions Re -Dort. 1/ Pa f (Title) r ..„ (Dated) AIA Document D401 — 2003. Copyright 01992 and 2003. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 12:58:33 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO' Terms of Service. To report copyright violations, e-mail docinfo(a)aiacentracts.com. User Notes: (1450799920) Guaranteed i tPrice Amendment This Amendment dated the day of in the year , is incorporated into the accompanying AIA Document A133Tm-2019, 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 dated the day of in the ADDITIONS AND DELETIONS: ' year (the "Agreement") The author of this document has (In words, indicate day, month, aced year.) added information needed for its completion. The author may also for the following PROJECT: have revised the text of the original (Name and address or location) AIA standard form. An Additions and Deletions Report that notes added Westlake Academy Gymnasium Building Renovations information as well as revisions to the standard farm text is available 1500 Solana. Boulevard from the author and should be Building 7, Suite 7200 reviewed. A vertical Tine in the left Westlake, Texas 76262 margin of this document indicates where the author has added fHE OWNER: necessary information and where (Name, legal status, and address) the author has added to or deleted from the original AIA text. Town of Westlake 1500 Solana. Boulevard 1500 Solana Boulevard This document has important legal Building 7, Suite 7200 consequences. Consultation with an Westlake, Tcxas 76262 attorney is encouraged with respect to its completion or modification. AIA Document A201 Tr^-2017, TIME CONSTRUCTION MANAGER: General Conditions of the Contract (Name, legal status, and address) for Construction, is adopted in this document by reference. Do not use Steele & Freeman, Inc. 1301 Lawson Road with other general conditions unless Fort Worth, Texas 76131 this document is modified. TABLE OF ARTICLES AA GUARANTEED MAXIMUM PRICE A,2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED AA CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS ARTICLE A.1 GUARANTEED.MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Section 3.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of the Agreement. Init. AIA Document A133 - 2019 Exhibit A. Copyright @ 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced by AIA software at 15:54:09 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may / only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (389ADA4A) § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed One Million eighty-seven thousand nine hundred sixty-eight ($ 1,087,968 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1,1,2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an iternized statement of the Guaranteed Maximum Price organized by trade categories, including allowances; the Construction Manager's contingency; alternates; the Construction Manager's Fee; and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 of the Agreement. (Provide itemized statement below or reference an attachment.) Reference Exhibit H — Guaranteed Maximum Price 1 page, dated February 9, 2023 § A.1.1.3 The Construction Manager's Fee is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager's Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A.1.1.5 Alternates § A.1.1.5.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price Reference Exhibit F — Alternates i page, dated February 9, 2023 § A.1.1.5.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Exhibit A. Upon acceptance, the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the corulitions that must be metfor the Owner to accept the alternate.) Item Price Conditions for Acceptance Reference E.xhibitF--- Alternates 1 page, dated February 9, 2023 § AA.1.6 Unit prices, if any: (Identify the item and s-tate the unitprice and quantity limitations, ifany, to which the un.i.tprice will be applicable;) Item Units and Limitations Price per Unit (0,00) Reference Exhibit G — Unit Prices 1 page, dated February 9, 2023 ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2A The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of execution of this Amendment. [ X ] Established as follows: (Insert a date or a means to determine the date of conunencement of the Work.) Date of commencement shall be official notice to proceed or issuance of a full unrestricted building permit, whichever is later. Lf a date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwise provided, the Contract Tirrie. is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Worlc. The Contract Time shall be measured from the date of commencement of the Work. Init. AIA Document A133 — 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 15:54:09 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documenls'O Terms of Service, To report copyright violations, e-mail docinfo@aiacontracts.com, User Notes: (3139ADA4A) § A,2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager shall achieve Substantial Completion of the entire Work: (Check one of the follolwing boxes and complete the necessary information) [ ] Not later than ( ) calendar days from the date of commencement of the Work. [ X ] By the following date: Reference Exhibit E — Schedule 1 page, dated February 9, 2023 § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial. Completion of such portions by the following dates: Portion of Work Substantial Completion Date § A,2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A_2.3, liquidated damages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A,3,1 The Guaranteed Maximum Price and Contract. Time set forth in this Amendment are based on the Contract Documents and the following: § A.3.1.1 The following Supplementary and other Conditions of the Contract: Document Title Date Pages § A.3.1.2 The following Specifications: (Either list the Specifications here, or refer to anexhibit attached to this Amendment) Reference Exhibit B — Project Manual Drawings 5 pages, dated February 9, 2023 Section Title Date pages § A3.1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit aldached to this Amendment) Reference .Exhibit B — Project Manual Drawings 5 pages, dated February 9, 2023 Number Title Date § A.3.1.4 The Sustainability Plan, if any (If the Owner identif ed a Sustainable Objective in the Owner's Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number ofpages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner's and Construction Manager's roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement) Title Date Pages Intl. AIA Document A133 — 2019 Exhibit A. Copyright @ 1991, 2003, 2009, and 2019, All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," (lie AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 15:54:09 ET on 02/09/2023 under Order No.4104236664 which expires on 10104/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA4A) Other identifying information: 0 § A.3.1.5 Allowances, if any, included in the Guaranteed Maximum Price: (Menti& each allowance.) Item Price Reference Exhibit C — Allowances I page, dated February 9, 2023 § A.3,1.6 Assumptions and clarifications, if any, upon which the Guaranteed Maximum Price is based'. (Identify each assumption and clarification) Reference Exhibit D — Clarifications 2 pages, dated February 9, 2023 § A.3.1.7 The Guaranteed Maximum Price is based upon the following other documents and information: (Gist any other documents or it here, or reftr to an exhibit attached to this Amendment) Reference Exhibit 1­1 — Guaranteed Maximum Price I page, dated February 9, 2023 ARTICLE A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIG14 PROFESSIONALS, AND SUPPLIERS § A.4.1 The Construction Manager shall retain L11C consultants, contractors, design professionals, and suppliers, identified below: (l.fst name, discipline, address, and other informalton) This /umendment to the Agreement entered into as of the day and year frr;,I(wri OWNER (Signature) Honorable Scan Kilbride Mayor of tho'Fotivi) of Westlake (Printed name and title) Mq S i TRUCTION MANAGER (Si nature) Mich!,z D. F recinan President _cl (Frinted nanze, and title) AIA Document A 133 — 2019 Exhibit A. Copyright 9 1991, 2003, 2009, and 2019. All rights reserved, 'The American Institute Of Architects," "American Institute of Init. Architects," "'AIA,` the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 15:54:09 4 ET on 02109/2023 under Order No.4104236664 which expires on 10/04/2023, Is not for resale, is licensed for one -lime use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo(q_)aiaGontracts.rom. User Notes: (3B9ADA4A) Additions and eleln cart for AIA" Document A 1V — 2019 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:54:09 ET on 02/09/2023. Westlake Academy G,ynlnasium Buildimi Renovations 1500 Solana Boulevard Buildinre 7. Suite 7200 Westlake, Texas 76262 Town of Westlake 1500 Solana Boulevard 1500 Solana Boulevard Buildintr 7, Suite 7200 Westlake. Texas 76262 Steele & Freeman, Inc. 1301 Lawson Road Fort Worth, -Texas 76131 A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed One Million ei i hi v-seven thousand nine hundred sixiv-eittht ($ 1.087,9 _8._ ), subject to additions and deductions by Change Order as provided in the Contract Documents. Reference Exhibit H — Guaranteed Maximum Price 1 Ita��c, _da_ted February 9 .2023. Reference Exhibit F —Alternates dated_February 9. 2023 Reference Exhibit F — Alternates 1 oaue.. dated_ February 9.2023 Additions and Deletions Report for AIA Document A133 —2019 Exhibit A. Copyright @ 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 15:54:09 ET on 02109/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfe@aiacontracts.com. User Notes: (369ADA4A) Reference Exhibit Q — Unit Prices 1 page., dated February 9. 2023 [ Y ] Established as follows: Date of commencement shall be official notice to_procced or issuance of a full unrestricted buildiniM pennit. whichever is later. PAGE 3 [ Y ] By the following date: Reference Exhibit F — Schedule 1 na�ic. dated February 9, 2023 Reference Exhibit B I roiect Manual Drawmr!s 5 _naL�cs,_dated February 9. 2023 Reference Exhibit B—Proiect Manual Drawln(-,s 5 1)_,G-, . doled Feb,n-,iry �, `'0", ERE Reference Exhibit C — Allowances 1 as e, dated Febnaai v 9. 2023 Reference Exhibit D_ Clarifications 2 paLcs, dated ..E February 9 2023 Reference B — Guaranteed Maximum Price 1 na ,e, dated February 9. 2023 . _ .. Honorable Sean Kilbride Mg� or of the Town of Westlake Michael D. Freeman President Addltlons and Deletions Report for AIA Document A133 — 2019 Exhibit A. Copyright© 1991, 2003, 2009. and 2019. All rights reserved. 'The American Institute of Architects; "'American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 15:54:09 ET on 02/09/2023 under Order No.4.104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only he used in accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA4A) Certification of Document'suth ntf it AIA° Document D401 TM -2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:54:09 ET on 02/09/2023 under Order No. 4104236664 froin AIA Contract Documents software and that in preparing the attached final document 1 made no changes t 4.lie original text of AIAO Document Al 33TM - 2019 Exhibit A, Guaranteed Maxinnim Price Amendment,,tiAD that/those additions and deletions shown in the associated Additions and Deletions Report. ..-........_._-- (Title) r T;7 (Dated) AIA Document D401 - 2003. Copyright© 1992 and 2003. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 15:54:09 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documenls® Terms of Service. To report copyright violations, e-mail docinfo@o aiacontracts.com. User Notes: (3139ADMA) • , � � I � . ,.. , """�1r .a W � w �/ / �% /� / % / %i % // '�/ � /////Fl / is i"� / , � q , GENERAL GOO-00 COVER SHEET AND SHEET INDEX January 20, 2023 ADDENDUM No. 2 G01-01 GENERAL NOTES, CODE ANALYSIS, AND ABBREVIATIONS January 3, 2023 G02-01 CODE COMPLIANCE PLANS January 3, 2023 STRUCTURAL S1.1. STRUCTURAL NOTES, PLAN, & DETAILS January 3, 2023 DEMOLITION A03-11 DEMOLITION PLAN - LEVEL 00 & 01 GYMNASIUM January 3, 2023 A03-21 DEMOLITION PHOTOS January 3, 2023 ARCHITECTURAL A11.-01 FLOOR PLAN - LEVEL 00 & 01- GYMNASIUM January 3, 2023 Al2-01 REFLECTED CEILING PLAN -LEVEL 00 & 01 & CEILING DETAILS January 3, 2023 A13-00 INTERIOR FINISH LEGEND,TRANSITION SCHEDULE, EQUIPMENT- SCHEDULE AND DETAILS January 1-1, 2023 ADDENDUM No. 1 A13-01 FINISH AND FLOOR PATTERN PLAN - LEVEL 01 - GYMNASIUM January 3, 2023 A43-00 PLUMBING FIXTURES, TOILET ACCESSORIES, AND GENERAL MOUNTING HEIGHTS January 11, 2023 ADDENDUM No. 1 A43-11 PLUMBING LAYOUTS AND ELEVATIONS January 3, 2023 A43-12 PLUMBING LAYOUTS AND ELEVATIONS January 3, 2023 A44-01 ENLARGED FLOOR PLANS AND ELEVATIONS January 3, 2023 A45-01 INTERIOR ELEVATIONS January 11, 2023 ADDENDUM No. 1 A50-01 STANDARD CASEWORK DETAILS, LOCKER DETAILS January 3, 2023 A61-01 INTERIOR PARTITION TYPES AND DETAILS January 3, 2023 A62-01 DOOR SCHEDULE AND DETAILS January 3, 2023 ME.C"VJ_ANICAL DEMOLITION, MD03-11 MECHANICAL DEMOLITION FLOOR PLAN - LEVEL 00 & 01 - GYMNASIUM January 3, 2023 MECHANICAL MH1.1-01 MECHANICAL FLOOR PLAN - LEVEL 00 & 01 - GYMNASIUM January 3, 2023 MH17-11 MECHANICAL DETAILS, SYMBOLS, GENERAL NOTES, 8,, SCHEDULES January 3, 2023 PLUMBING DEMOLITION PD11-01 PLUMBING DEMOLITION FLOOR PLAN - LEVEL 00 & 01 - GYMNASIUM January 3, 2023 PLUMBING PL11-01 PLUMBING FLOOR PLAN - LEVEL 00 & 01-GYMNASIUM January 3, 2023 PL17-00 PLUMBING DETAILS, SYMBOLS & GENERAL NOTES January 3, 2023 ELECTRICAL DEMOLITION ED03-11 ELECTRICAL DEMOLITION FLOOR PLAN - LEVEL 00 & 01- GYMNASIUM January 3, 2023 ELECTRICAL EL11-01 LIGHTING FLOOR PLAN - LEVEL 00 & 01- GYMNASIUM January 20, 2023 ADDENDUM No. 2 EL17-00 LIGHTING DETAILS, SYMBOLS, & GENERAL NOTES January 20, 2023 ADDENDUM No. 2 EL17-01 LUMINAIRE SCHEDULE, CONTROL CHART AND ENERGY SUMMARY January 3, 2023 EP11-01 ELECTRICAL FLOOR PLAN - LEVEL 00 & 01- GYMNASIUM January 20, 2023 ADDENDUM No.2 EP17-00 ELECTRICAL RISER, DETAILS, SYMBOLS, & GENERAL NOTES January 20, 2023 ADDENDUM No.2 Westlake Academy - Amendment 001, 02-09-23 Page 1 FIRE -SUPPR)ESS110 N FP11-01 CODE REVIEW, BUILDING DESIGN CRITERIA & DIAGRAMS January 3, 2023 TEQHIINQLIQQY ETII-01 ELECTRICAL COMMUNICATIONS FLOOR PLAN - LEVEL 01 - GYMNASIUM ET17-00 ELECTRICAL COMMUNICATIONS DETAILS AND SYMBOLS FIRE ALARM FA11-01 FIRE ALARM FLOOR PLAN - LEVEL 01 - GYMNASIUM January 3, 2023 January 3, 2023 January 3, 2023 Westlake Acaderny - Amendment 001, 02-09-23 Page 2 SPECIFICATION SECTION, NUMBER & TITLE DATED DIVISION 00 - INTRODUCTORY INFORMATION 00 0100 - Title Page January 3, 2023 00 0107 -Seals Page January 3, 2023 00 0110 - Table of Contents January 3, 2023 00 0115 - List of Drawing Sheets January 3, 2023 00 1113 - Advertisement for Bids January 3, 2023 00 2113 - Instructions to Bidders January 3, 2023 00 26 00 - Procurement Substitution Procedures January 3, 2023 00 4113 - Bid Form - Stipulated Sum (Single -Prime Contract) January 3, 2023 ,DIVISION 01 - GENERAL RE-QUU11REMENT5 0110 00 - Summary January 3, 2023 0122 00 - Unit Prices January 3, 2023 0123 00 - Alternates January 3, 2023 0125 00 - Substitution Procedures January 3, 2023 0126 00 - Contract Modification Procedures January 3, 2023 0129 00 - Payment Procedures January 3, 2023 013100 - Project Management and Coordination January 3, 2023 013106 - Coordination Drawings January 3, 2023 0132 33 - Photographic Documentation January 3, 2023 0133 00 - Submittal Procedures January 3, 2023 0135 16 -Alteration Project Procedures January 3, 2023 0140 00 - Quality Requirements January 3, 2023 0.142 00 - References January 3, 2023 0150 00 - Temporary Facilities and Controls January 3, 2023 01 77 00 - Closeout Procedures January 3, 2023 0178 23 - Operation and Maintenance Data January 3, 2023 0 1- 78 39 - Project Record Documents January 3, 2023 0179 00 - Demonstration and Training January 3, 2023 01 91 00 - General Commissioning Requirements (MEP) January 3, 2023 DIVIS.I.O.N.02-EXI-S.TIN,G,CONDITIONS 02 4119 - Selective Demolition January 3, 2023 DIVISION 03 - CONCRETE 03 54 16 - Hydraulic Cement Urderlayment January 3, 2023 DIVISION - 0 - 4- _M '.ASONRY 04 22 00 - Concrete Unit Masonry January 3, 2023 DIVISION 05 - METALS 05 12 00 - Structural Steel (S) January 3, 2023 05 40 00 - Cold -formed Metal Framing January 3, 2023 05 50 00 - Metal Fabrications DIVISI10N_O -WOO_, PL.D ASTICS AND COMPOSITES --6- 06 10 53 - Miscellaneous Rough Carpentry January 3, 2023 06 4116 - Plastic -Laminate -Clad Architectural Cabinets January 3, 2023 DIVISION 07 -THERMAL AND MOISTURE PROTECTION 07 84 13 - Penetration Firestopping January 3, 2023 07 84 43 - Joint Firestopping January 3, 2023 07 92 00 - Joint Sealants January 3, 2023 07 92 19 -Acoustical Joint Sealants January 3, 2023 Westlake Academy - Amendment 001, 02-09-23 Page 3 DIVISION! O8 - OPENINGS 08 14 16 - Flush Wood Doors January 3, 2023 08 31 13 - Access Doors and Frames January 3, 2023 08 7100 - Door Hardware January 3, 2023 08 80 00 - Glazing January 3, 2023 08 83 00 - Mirrors January 3, 2023 08 87 00 - Glazing Surface Films January 3, 2023 DIVISION 09 - FINISHES 09 05 61.13 - Moisture Vapor Emission Control January 3, 2023 09 29 00 - Gypsum Board January 3, 2023 0930 13 - Ceramic Tiling January 3, 2023 09 6116 - Concrete Floor Sealing January 3, 2023 09 64 66 - Wood Athletic Flooring Resurfacing January 3, 2023 09 65 13 - Resilient Base and Accessories January 3, 2023 0965 16 - Resilient Sheet Flooring January 3, 2023 09 65 19 - Resilient Tile Flooring January 3, 2023 09 72 00 - Wall Coverings January 3, 2023 09 84 33 - Sound -Absorbing Wall Units January 3, 2023 09 91 13 - Exterior Painting January 3, 2023 09 91 23 - Interior Painting January 3, 2023 DIIVISION 10 -..SPECIALTIES 10 1146 - Visual Display Fabrics January 3, 2023 10 14 00 - Signage. January 3, 2023 10 2113.17 - Phenolic -Gore Toilet Compartments January 3, 2023 10 26 00 - Wall and Door Protection January 3, 2023 10 28 00 - Toilet, Bath, and Laundry Accessories January 3, 2023 10 50 00 - Shelving and High Density Storage Assemblies January 3, 2023 10 5163 - Solid Surface Athletic Lockers January 3, 2023 DIVISION 11- ECiUIPMENT --- ............._..__._..._._..-. 1130 1.3 - Residential Appliances January 3, 2023 1166 23 - Gymnasium Equipment January 3, 2023 1166 43 - Interior Scoreboards January 3, 2023 DIVISIGN 92 - FURNISHINGS 1.2 36 61.19 - Quartz Agglomerate Countertops January 3, 2023 12 66 00 -Telescoping Stands January 3, 2023 DIVISION 13 t rough 20..-.LNOT USED_) DIVISIPN 21- FIRE_ SUPPRESSION 2100 10 - Basic Fire Protection System Requirements January 3, 2023 2100 90 - Fire Protection System Submittal Procedures January 3, 2023 2113 14 - Fire Protection System January 3, 2023 DIVISION 22- PLUMBING 22 00 10 - Basic Plumbing Requirements January 3, 2023 22 00 90 - Plumbing Submittal Procedures January 3, 2023 22 05 24 - Valves - General January 3, 2023 22 05 30 - Pipe and Pipe Fittings January 3, 2023 22 05 54 - Plumbing Identification January 3, 2023 22 07 20 - Piping Insulation January 3, 2023 22 08 00 - Commissioning of Plumbing January 3, 2023 22 1117 - Domestic Water Piping and Appurtenances Copper January 3, 2023 22 13 17 - Soil, Waste and Sanitary Drain Piping, Vent Piping, and Appurtenances January 3, 2023 22 33 34 - Access Doors January 3, 2023 22 40 01 - Plumbing Fixtures and Fixture Carriers January 3, 2023 Westlake Academy - Amendment 001, 02-09-23 Page 4 DIVISION 23_HEATING,,_VENTILAYINGAND AIR CONDITIONING (HVAC) 23 00 00 - Basic Mechanical Requirements January 3, 2023 23 00 90 - HVAC Submittal Procedures January 3, 2023 23 05 29 - Hangers and Supports for HVAC Piping and Equipment January 3, 2023 23 05 53 - Identification for HVAC Piping and Equipment January 3, 2023 23 05 93 - Testing, Adjusting, and Balancing for HVAC January 3, 2023 23 07 13 - Duct and Grille Insulation January 3, 2023 23 08 00 - Commissioning of Heating, Ventilating, and Air Conditioning (HVAC) January 3, 2023 23 3113 - Metal Ductwork January 3, 2023 23 33 33 - Access Doors January 3, 2023 23 37 13 - Diffusers, Registers, and Grilles January 3, 2023 DIVISION 2' and 25 __(NOT USED) DIVISION 26 ELEGTIGAL 26 00 00 - Electrical January 3, 2023 26 00 30 - Warranty Period January 3, 2023 26 00 90 - Electrical Submittal Procedures January 3, 2023 26 05 11- Electrical Demolition January 3, 2023 2605 19 - Low -Voltage Electrical Power Conductors and Cables January 3, 2023 2605 26 - Grounding and Bonding for Electrical Systems January3, 2023 26 05 33.11 - Raceways and Conduits for Electrical Systems January 3, 2023 26 05 33.13 - Boxes and Fittings for Electrical Systems January 3, 2023 2605 34 - Provisions for Communication, Security, and Safety Systems January 3, 2023 26 08 00 - Commissioning of Electrical Systems January 3, 2023 26 09 23 Lighting Control Devices January 3, 2.023 26 22 13 - Low -Voltage Distrihution Transformers January 3, 2023 2627 26 - Wiring Devices January 3, 2023 2628 13 - Fuses January 3, 202.3 2628 16 - Enclosed Switches and Circuit Breakers January 3, 2023 2.6 50 00 - Lighting January 3, 2023 2682 43 - Scoreboards January 3, 2023 DIVIIIS, ION 27.-GO6V MUNIGATIONS 27 05 00 - General Communication Systems Requirements January 3, 2023 27 4130 - Integrated Audio -Visual Systems January 3, 2023 DIVISION 28 and 49 - (NOT USED) PRE -BID RFI No. & TYPE DATED Pre -BID RFI No. 1 Electrical Clarifications January 18th, 2023 Pre -BID RFI No. 2 Window Film Clarifications January 18th, 2023 Pre -BID RFI No. 3 Bleacher Clarifications January 18th, 2023 Pre -BID RFI No. 4 High -Density Storage Clarifications January 18th, 2023 Pre -BID RFI No, 5 Electrical Clarifications January 18th, 2023 Pre -BID RFI No. 6 Tiling Clarifications January 20th, 2023 Pre -BID RFI No. 7 Plumbing Clarifications January 24th, 2023 Pre -BID RFI No, 8 Fire Alarm Clarifications January 24th, 2023 RETURNED January 24th, 2023 LtOT RTrLJRNEI't January 25th, 2023 January 24th, 2023 January 24th, 2023 January 24th, 2023 January 25th, 2023 January 24th, 2023 Westlake Academy - Amendment 001, 02-09-23 Page 5 Construction Contingency $32,639 Owner Betterment $21,759 Inflation / Escalation Contingency $10,517 ALLOWA.NCE. SINCLU DIED IN GMP $64,915 Westlake Academy - Amendment 001, 02-09-23 Page 6 1,.6. rc,u �.,A�,i ( m,p m ,. .� f a.., a /r �W ..yr ® y / :. J /r v../ it / i ,. i /. 4%/////: I//, i /i ✓,!i/�// r///--l� rlJ r ,�; COVID-19 or Pandemics issues may delay delivery of equipment and/or labor, Any and all delays related to COVID-19 or unforseen 1 circumstances outside the Construction Managers control shall be claimed on a a day for day basis. Div 01 Generpl I gguirem nts 1. We have excluded state sales tax on INCORPORATED materials. 2 We have excluded tap, impact & meter fees. 3 The Building Permit cost has been excluded. 4 Bids are based on 100% CD Set dated 01/03/2023 and noted is Exhibit'B'. 5 We have excluded materials testing and special inspections. 6 It is assumed that the contract documents have been thoroughly reviewed to meet Federal, state and local codes. 7 We exclude all seismic requirements referenced in the specifications due to the Project's location in Azle does not require any Seismic consideration. 8 We have excluded a submittal schedule. 9 We have excluded recoveryschedules. 1.0 Deposits required in advance to procure materials will be included on the pay application within the same pay period in which payment is due for deposit to the subcontractors / suppliers. 11 Materials that are stored onsite or stored at subcontractor's warehouse will be included on pay applications. Invoices and photos of stored materials will be provided upon request. The construction contingency is for the Construction Manager's exclusive use to cover those costs considered reimbursable as the Cost of the 12 Work but not included in a Change Order. All construction contingency expenditures will be documented monthly with each application for payment. All unforeseen scope not clearly identified , not quantified and/or not properly referenced in the contract documents shall be allocated toward 1, Owner Betterment. A Proposed Change (PC) will be presented for Owner approval for all Owner Betterment expenditures. 14 This project is not a LEED project, therefor VOC Content Restriction (greater than federal or state requirements) and Commissioning is excluded. 15 Video of recorded training will be provided on a thumb drive in lieu of a DVD Disc. 16 Temporary Environmental Controls, Flush Out & Air contaminant testing is not included in this scope of work. 17 Testing Laboratory Services shall be provided by the owner and is excluded from this scope of work. 18 SFI will provide access to the TEAMS project management software for project documentation. :19 Submittal review shall be no more than 10 business days. If additional time is required for approval, then delay to material fabrication and delivery could affect the construction schedule. 20 Perspective drawings or architectural renderings arc not contract drawings. Only signed and sealed documents are part of the GMP. 21 Franchise utility service charges have been excluded for communication lines, electrical power, Atmos gas, etc. 22 Delegated Design submittals are recognized for the following sections: 05 40 00 Cold -Formed Metal Framing, 21 13 14 Fire Protection System, No other Delegated Design requirements are recognized unless noted by section, 23 Unforseen material delivery and avallablity issues beyond Steele & Freeman's control shall be a day for day extention to the project schedule Due to the current market with shortages of material, we reserve the right to provide substitutions for approval if the the shortage or material 24 causes an Increase in material pricing, color, or finish limitations or affects the construction schedule or availability of those materials during construction. Div 02 Existin conditions 1 Hazardous materials in dent] flcatlon, testing, abatement, removal, demolition, and/or disposal is excluded. Westlake Academy - Amendment 001, 02-09-23 Page 7 Div 05 Metals 1 We have excluded AISC certifications and inspections. (Cooperation with the Owner's Inspector is included). 2 We have excluded all AESS steel finishes. None shown. 3 All material sizing to comply with U.L. requirements is the responsibility of the Architect and Engineer and not the Construction Manager. Upslzing of steel beyond what is clearly shown, sized and located in the contract documents is excluded. 4 All miscellaneous metals shown but not sized In the contract documents are specifically excluded. Div 06 Woods. Plastics. and Camp sites 1 All millwork has been bid to be built to AWI Standards per the specs. AWI Labels are excluded. 2 AWI Certification Is excluded. Div 09 Finishes 1 The final version of the light gauge framing shop drawings will be sealed by a professional engineer as specified. 2 Wax and wax stripping of flooring is excluded. Div:12 Furnishings 1 We have excluded all furniture, except as noted as n'iilhvork in Div 6 Div 21 Fire Suppression It is assumed that the water main will have sufficient pressure to serve this building; therefore, all booster pumps and low pressure pipe routing & heads have been excluded. 2 The fire suppression system is delegated -design and included a wet system. 3 Flexible type sprinkler heads are included. Westlake Academy - Amendment 001, 02-09-23 Page 8 ;r ,✓„�„ r �,, �w„ � ,i „;r, „G, ,Y, ,..r,wr r ,, wY^;mm^r,. � ��...., m;;;^ ^�-rrrv� m^� Y m^m ;. J"JriY i m ;f. q r (— / 1r r m.V µ,.@ �, o""°"C"T "v /,,, ! r - r //.-r i�y"l" 'r ;, Cr,taff ,d;n.....�, b".@E. ✓,.. rG'i� �,ry 6�,;f �,a .� / /., ., G �",J m•�,. a, li G' ki ; ri /i r /rJ'r r/ ..i/i r !/r/ rU rirr /r /-� /r%/f/ ,,,.,.,.,A.� � ;r r�w�r `�� � �✓rau.u.,�.,rl� uii �. N ,:„„1,i,,;,,,,,e, r./I, ,P, P'"�:p �� e4 � al ��� �b v��, ��. /.Y�,,,w� �; r,W�� ��1�,,...%.;/� � ��.u��.�.,.,.��./,u�..;,w.,/ r / , : um s., Estimated Substantial Completion to be within 154 calendar days from notice to proceed or the issuance of the full and unrestricted building permit, which ever is the later. Westlake Academy - Amendment 001, 02-09-23 Page 9 m..w.. µ.ur ,...,... PTr. ; "%'' ,,; "/"""",fir, J� r •,n ^r. r/� ,,, �,rrm� r , arm,. s. ✓.. r r r rr ,.. ,. r. /,. r r r, r ,r. �.,��u� ,..���,�.,,�ww. �a�n��.w r.���...�.a.�.��„� «�w ������� ,,,„-.,,a:�,.����,a�....d�.�'�, r,�.W�c,,.«. � r I r i r / ,,, i i � r/rrrr //9 rr r✓(/ r��ri�/ r lii� r r //r��//,,, No. 1 First Floor Restrooms $148,876 REJECTED Westlake Academy - Amendment 001, 02-09-23 Page 10 Unit Price No. 1-Moisture Vapor Emission Control System Provide cost per squaefoot for comp |etesystem, inc |ud/ngshot-blasting concrete substrate, application ofpenetrant, post -application moisture and alkalinity testing, application ofoementitioosunder|aymont.and manufacturer's 15'yea/warrunty. Westlake Academy ' Amendment oo1,o2-us-2s Page11 DIVISION BID PACKAGE DESCRIPTION TOTAL COST 01 GENERAL CONDITIONS $143,768 01 EXECUTION AND CLOSEOUT REQUIREMENTS $98,214 02 EXISTING CONDITIONS $35,000 7 03 CONCRETE $10,000 N/A 04 MASONRY $18,700 3 06 WOODS, PLASTICS and COMPOSITES $79,317 7 08 OPENINGS $15,192 3 09 FINISHES $215,458 20 10 SPECIALTIES $30,381 5 11 EQUIPMENT $81,063 11 21 FIRE SUPPRESSION $5,150 4 22 PLUMBING $47,570 3 23 HEATING, VENTILATING, and AIR CONDITIONING (HVAC) $1,474 2 26 ELECTRICAL $90,199 5 27 COMMUNICATIONS $32,670 2 28 ELECTRONIC SAFETY and SECURITY $14,977 1 ... ... ..... .. `7 `7 'i'-p, '7 7 F,7777, 77, 00 LABOR BURDEN $8,720 00 SUBCONTRACTOR DEFAULT INSURANCE FEE $10,229 00 CONTRACTOR CONTINGENCY $32,639 00 OWNER BETTERMENT $21,759 00 INFLATION / ESCALATION CONTINGENCY $10,517 00 CONSTRUCTION MANAGER FEE $65,278 00 PAYMENT and PERFORMANCE BONDS $1.4,252 00 BUILDERS RISK $1.958 00 GENERAL/ EXCESS LIABILITY $3,481 �'57 Westlake Academy - Amendment 001, 02-09-23 Page 12 o Jo P w at 0 NCSOO��Nyy b' 8 f% M NWYOO'OO` O www 4 4OO W W n: W`FW4Y W W h+/9 wW ai �/ W W +n w. 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Y�l N .2 aA N .—I '~ S ., i6v45 4 G a roi 1 @p/�.� 'r alb 5 i o;pJJ�yyyy�my�5��w m m g, W W o O W©pf a W Z K w�� , dory I ,f cb ry� 4 !r D � 6 � f Yj n a M � �r4 iX�� ' 20010 4D Document n 9- 2019 Exhibit Insurance and Bonds This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Constriction Manager, dated the day of in the year (In words, indicate day, month and year) ADDITIONS AND DELETIONS: for the following PROJECT: The author of this document has (Narnc and location or address) added information needed for its completion. The author may also Westlake Academy Gymnasium Building Renovation have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the THE OWVNER: standard form text is available from (Name, legal status, and address) the author and should be reviewed. A vertical line in the left margin of this Town of Westlake document indicates where the author 1500 Solana Boulevard has added necessary information Building 7, Suite 7200 and where the author has added to or Westlake, Texas 76262 deleted from the original AIA text. THE CONSTRUCTION MANAGER: This document has important legal Thisg (Name, legal status, and address) Consultation with an attorney is encouraged with respect Steele & Freeman, Inc. to its completion or modification. 1301 Lawson Road This document is intended to be used Fort Worth, Texas 76131 in conjunction with AIA Document A201 T11-2017, General Conditions of TABLE OF ARTICLES the Contract for Construction. Article 11 of A201 T11--2617 contains 11.1 GENERAL additional insurance provisions. B.2 OW"VNER'S INSURANCE B.4 SPECIAL TERMS AND CONDITIONS ARTICLE B.'I GENERAL The Owner and Construction Manager shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the terns General Conditions refers to AIA Document A201 TM-2017, General Conditions of the Contract for Construction. ARTICLE B.2 OWNER'S INSURANCE § B.2,1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article B.2 and, upon the Construction Manager's request, provide a copy of the property insurance policy or policies required by Section B.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. Init. AIA Document A133 - 2019 Exhibit B. Copyright n 2019. All rights reserved. "The American Institute of Architects," 'American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 12:58:45 ET on 02/09/2023 under Order No.4104236664 which expires on 10/0412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA / Contract Document0 Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (13961935$6) § B.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual general liability insurance. § B,2.3 Required Property Insurance § B.2.3.1 Unless this obligation is placed on the Construction Manager pursuant to Section 13,3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section B.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Construction Manager, Subcontractors, and Sub -subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § B.2.3.1.1 Causes of Loss, The insurance required by this Section. B.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorni. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub -limits, if any, are as follows: (Indicate below the cause of loss and any applicable. sub-lindt.) Cause of Loss Sub -Limit Limit for Frame or Toisted Masonry Construction $2,000,000,00 Earthquake Limit $5,000,000.00 Flood Limit Outside 100 Yr, Plain. Inside 100 Yr. Plain excluded. $5,000,000.00 Soft Cost Limit $1,000,000.00 Transit Limit $500,000.00 Temporary Offsite Storage Limit $1,000,000.00 § B.2.3,1.2 Specific Required Coverages. The insurance required by this Section B.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systerns from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement, of any applicable legal requirements, and rcasonablc compensation for the Architect's and Construction Manager's services and expenses required as a result of such insured loss, including claim preparation expenses. Sub -limits, if any, are as follows: (Indicate below type of coverage and an.y applicable sub -limit for specific required coverages.) Coverage Sub -Limit § B.2,3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section B.2.3.1 or, if necessary, replace the insurance policy required under Section B.2.3.1 with property insurance written for the total value of the Project that shall. remain in effect. until expiration of the period for correction of the Work set forth in Section 12.2.2 of [lie General Conditions. § 13 2,3.1.4 Deductibles and Self -insured Detentions. If the insurance required by this Section B.2.3 is subject to deductibles or self -insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § B.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner's occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section B.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. t it AIA Document A133 —2019 Exhibit B. Copyright 02019. All rights reserved. "The American Institute of Architects," "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:45 ET on 02/09/2023 2 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with [lie AIA / Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1396193586) § B,2.3.3Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section 8.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § B.2.4 Optional Extended Property Insurance, The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to pur chase and maintain by placing an X in the boxes) next to the descriptions) ofselected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point Below the selected item.) [ ] § B.2,4,1 Loss of Use, Business Interruption, and delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner's property, or the inability to conduct normal operations due to a covered cause of loss. [ ] § B.2,4,2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ] § B.2,4,3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property, [ ] § 8,2.4,4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred daring the same period of time had no loss or damage occurred. [ ] § B.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ] § 8.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured's business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ] § B.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above nonnal expenses. Init. AIA Document A133 — 2019 Exhibit B. Copyright ©2019. All rights reserved. "The American Institute of Architects," "American Instilute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:45 ET on 02/09/2023 3 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA 1 Contract Documents49 Terms of Service. To report copyright violations, e-mail docinfo@aiaconlracts.com. User Notes: (1396193586) § B,2,5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the 0,pes of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) ofselected insurance.) [ ] § B,2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below) [ ] § B.2.5.2 Other Insurance (List below arty other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Diluits ARTICLE B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS B.3.1 General § B.3,1,1 Certificates of Insurance. The Construction Manager shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article 13.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner's written request. An additional certificate evidencing continuation of commercial 'liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section 13.3.2.1 and Section 13.3.3.1. The certificates will show the Owner as an additional insured on the Construction Manager's Ccnnmercial General Liability and excess or umbrella liability policy or policies. § B.3.1.2 Deductibles and Self -Insured Retentions. The Construction Manager shall disclose to the Owner- any deductible or self- insured retentions applicable to any insurance required to be provided by the Construction Manager. § B.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect's consultants as additional insureds for claims caused in whole or in part by the Construction Manager's negligent acts or omissions during the Construction Manager's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc_ (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect's consultants, CG 20 32 07 04. § B.3.2 Construction Manager's Required Insurance Coverage § B.3.2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain insurance for a din•ation other than the expiration of the period for correction of Work, state the duration) Init. AIA Document A133 — 2019 Exhibit 3, Copyright © 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of The American Institute of Architects. This document wasp roduced at 12:58:45 ET on 02/09/2023 4 under Order No.4104236664 which expires on 1010412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA t Contract Document0 Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1396193586) § B.3,2.2 Commercial General Liability § B.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than two -million dollars and no cents ($ 2,000,000.00 ) each occurrence, two -million dollars and no cents ($ 2,000,000.00 ) general aggregate, and two -million dollars and no cents ($ 2,000,000.00 ) aggregate for products -completed operations hazard, providing coverage for claims including .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Construction Manager's indemnity obligations under Section 3.18 of the General Conditions. § B.3.2.2.2 The Construction Manager's Commercial General Liability policy under this Section 13.3,2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction is leased solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Construction Manager's Work arising out of the products-corpleted operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3. .18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language, .6 Claims or loss due to physical damage under a prior injury endorsement, or similar exclusionary language. .7 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 roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (CIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § B.3.2.3 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager, with policy limits of not less than one -million dollars and no cents ($ 1,000,000.00 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § B.3.2.4 'flie Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section B.3.2.2 and 13.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. polJr,,°,,r tat-ini;I '>rt ti.fll,l,.. ,,,rr.l no jo,m)CI,iJO{> oo) L�:, h q,,ly..miilirr,l § B.3.2.5 Workers' Compensation at statutory limits. § B.3.2.6 Employers' Liability with policy limits not less than one -million dollars and no cents ($ 1,000,000.00 ) each accident, one -million dollars and no cents ($ 1,000,000.00 ) each employee, and one -million dollars and no cents ($ 1,000,000.00 ) policy limit. Ihlt. AIA Document A133 —2019 Exhibit B. Copyright© 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:45 ET on 02/09/2023 under Order No.4104236664 which expires on 10104/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1396193586) § B.3.2.7 Jones Act, and the Longshore & Harbor Workers' Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks § 13.3.2.8 If the Construction Manager is required to fumish professional services as part of the Work, the Construction Manager shall procure Professional Liability insurance covering perfon-nance of the professional services, with policy limits of not less than one -million dollars and no cents (S 1,000,000.00 ) per claim and one -million dollars and no cents (S 1,000,000.00 ) in the aggregate. § B.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Construction Manager shall procure Pollution Liability insurance, with policy limits of not less than not applicable ($ N/A ) per claim and not applicable (S N/A.) in the aggregate. § B.3.2.10 Coverage under Sections B.3.2.8 and B.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than one-inillion dollars and no cents 1,000,000.00 ) per claim and one -million dollars and no cents ($ 1,000,000.00 ) in the aggregate. 0 § B.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than not applicable ($ N/A ) per claim and not applicable ($ N/A ) in the aggregate. § 13.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, iftlic Work requires such activities, with policy limits of not less than not applicable ($ N/A ) per claim and not applicable (S NI/A ) in the aggregate. F3.3.3 Construction Manager's Other Insurance Coverage B.3.3.1 Insurance selected and described in this Section B.3.3 shall he purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Constiriction. Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of ff,'ork, state the duration) § 13.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance with Section 133.3.1. (,Select the types of insurance the Construction Manager is required to purchase and maintain by placing an Xin the bo.Y(es) newt to the description(s) qfselected insurance. 1,Yherepolicy limits are provided include the policy limit in the appropriate fill point.) § B.3,321 Property insurance of the same type and scope satisfying the requirements identified in Section B.2.3, which, if selected in this Section B.3.3.2. 1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section B.2.3.1.3 and Section B.2.3.3. The Construction Manager shall comply with all obligations of the Owner under Section B.2.3 except to the extent provided below. The Construction Manager shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article I I of the General Condition,-, unless other -wise set forth below: (Where the Construction Manager's obligation to provide property insurance differsfromthe Owner's obligations as described under Section B.2.3, indicate such dif ,ferences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below) AIA Document A133 —2019 Exhibit B. Copyright All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AA," the AIA [nit. Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:45 ET on 02/0912023 under Order No.4104236664 which expires on 10104/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA 6 Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacantracts.com. User Notes: (1396193586) § B.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. § 13,3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ) per claim and ($ )in the aggregate, for liability arising frote the encapsulation, removal, handling, storage, transportation, and disposal of asbestos -containing materials. 13.312.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. B.3.3.2.5 Property insurance OD an "all-risks" completed value form, covering property owned by the Z� Construction Manager and used on the Project, including scaffolding and other equipment. § 8.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and anY apj)licable limits.) Coverage Limits § B,3A Performance Bond and Payment Bond The Construction Manager shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project: is located, as follows: type and penal sum ot'honds.) Type Payment Bond Performance Bond Penal SLIM ($0.00) 100% of the GMP 100% of the GMP Payment and Performance Bonds sliall be AJA Document A3 12""", Payment Bond and Performance Bond, or contain provisions identical to AlA Document A312TM, current as of the date of this Agreement, ARTICLE B.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds.Exhibit, if any, are as follows: A A. Document A133 —2019 Exhibit B, Copyright@ 2019, All rights reserved. "The American Institute of Architects," "American Institute of Architects," "A A," theAlA Init. Logo, and "A IA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:45 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1396193586) Additions and Deletions Report for AIA") Document A 1330 - 2019 Exhibit B This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text, Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:58:45 ET on 02/09/2023. Effm Westlake Academy G vninasium BitildimRenovation (Naive, legal status, and address) Town ol'Westlake 1.500 Solana Boulevard Buildin,g)"' 7, Suite 7200 Westlake, Texas 76262 Steele & Freeman, Inc. 1301 Lawson Road Fort Worth, Texas 76131 PAGE 2 Lfinit for Frarne or Joisted Masom-% Construction $2.000,000.00 E �q iAhc pal c Limit $5.000,000'.00 Flood Limit Outside 100 Yr. Plain. Inside 100 Yr. Plain excluded. $5,000M0,00 Soft Cost Limit 5., 1,000,000. 00 Transit Limit S500,000.00 jL ai v Offisite Storw -,e Limit $1,000-000.00 mom § B.3.2.2.1 Commercial General Liability insurance for the Project written on an Occurrence form with policy limits of not less than two -million dollars and no cqnts_($ 2.000,000,00,) each occurrence, two -million dollars and no cents ($ 2,000,000.09) general aggregate, and two -million dollars and no cents 2.000,000,00.) aggregate for products -completed operations liazard, providing coverage for claims including B.3.2.3 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager, with policy limits of not less than one -million dollars and no cents ($ 1 M0,000.00 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, nraintenance and use of those motor vehicles C along with any other statutorily required automobile coverage. Additions and Deletions Report for AIA Document Al 33 — 2019 Exhibit B. Copyright @ 2019. All rights reserved. 'The American Institute of Architects," 'American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:45 ET on 02/09/2023 under Ordor No.4104236664 which expires on 10/0412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1396193586) .,^ S C Ilthlh:, ov i l 6tIl1')tllt`, rli-id d,irtlliIiI, °v iih_ ,c,hc% Iiini(� m` iI ,rr- oI;IIioIi (,IO!1<<t,; um ! i I o 00,1,d, 00 00l nccIM Tct� arcl ocil- IIIiIVis. n dolh1 111!:I no c,_'nts 10,000 0(I0,004 § B.3,2.6 Employers' Liability with policy limits not less than one -million dollars arid no_cents ($ 1.000.000,,,00 ) each accident, one -million dollars and no _ cents ($ 1,000,000.00 ) each employee, and one million dollars and no cents ($ 1,000.000._00 ) policy limit. PAGE 6 § B.3.2.8 if the Construction Manager is required to furnish professional services as part of the Work, the Construction Manager shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than one -million dollars and .anno cents ($ 1,000,000.00,_.__.) p dollars and no cents per china and one -million ($ 1...00.() 000.00) in the aggregate. § B.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Construction Manager shall procure Pollution Liability insurance, with policy limits of not less than not applicable ($ N/A) per claim and not a plicaUle ($ N!A) in the aggregate. 0,3.2.10 Coverage under Sections B.3.2.8 and 13.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than one -million dollars and no cents ($ 1,000_000.00_) per claim and one -million dollars and no c cuts._($ 1.000.000.00) in the aggregate. B.3.2.11 Insurance for rnarifime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than not jlicable ($ N/A ) per claim and not aPplicable ($ N/A ) in the aggregate. C3 B.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than not ap �lict able ($ N/A) per claim and not ap lip hle_(S N/A) in the aggregate. BRACE 7 Payment Bond 100% of the UMp Performance :Bond 100% of th.e CiMP Additions and Deletions Report for AIA Document At 33 — 2019 Exhibit B. Copyright O 2019>. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects, This draft was produced at 12:58:45 ET on 02109/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiaconlracts.com. User Notes: (1396193586) hnP1l�l�f��) V^ N-1, IA2- General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Westlake Academy Gymnasium Building Renovation ADDITIONS AND DELETIONS: The author of this docurnent has added information needed for its completion. The author may also THE OWNER: have revised the text of the original (Name, legal staltis and ad(hress) AIA standard form. An Additions and Deletions Reporl that notes added Town oC Westlake information as well as revisions to the 1500 Solana Boulevard standard form text is available from Building 7, Suite 7200 the author and should be reviewed. A Westlake, Texas 76262 vertical line in the left margin of this document indicates where the author THE ARCHITECT: has added necessary information (Naine, legal s'talus and address) and where the author has added to or deleted from the original AIA text. Glenn I Partners This document has Important legal 5646 Milton Street, Suite 426 consequences. Consultation with an Dallas, Texas 7520E attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES For guidance in modifying this 1 GENERAL PROVISIONS document to include supplementary conditions, see AIA Document 2 OWNER A503"1, Guide for Supplementary Conditions. 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN TIME WORK 8 TIME 9 PAYMENTS AND COMPLETION 14 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/0912023 under Order No.4104236664 which expires on 10/04/2023, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES [nit, AIA Document A201 — 2017. Copyrighl!q) 1911, 1915, 1918, 1925, 1937. 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsQD Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5,1, 10.2.5, 10.2.8, 13.32, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9A, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Lifect: 4.2.13 Allowances 3.8 Applications for Payment 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.5.4,9.6.3,9.7,9.10 Approvals 2.1.1,2.3.1,2.5,3.13,3.10.2,3.12.8,3.12.9, 3.12,10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Arehitect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9A, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 1.2.2.1, 13.4.1, 13.42, 14.2.2, 14.2,4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4,2.2, 4.23, 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4,9.4.2, 9.5 A, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 1.2.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4,2.7, 13.4.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor L 1.2, 1.5, 2.3.3, 1 1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.75, 3.9.2, 3.9.3, 3,10, 3.11, 3,12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6,2.2, 7, 8.3.1, 9.2, 9.3, 9.4; 9.5, 9.7. 9.8. 9.9. 10.2.6. 10.3. 11.3. 12. 13.3.2. 13A, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect's Representations 9A.2, 9.5.1, 9,10.1. Architect's Site, Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Worlc 5.2 Basic Definitions 1.1, Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1., 15.3,2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4,9.6.7,9.10.3,11.1.2,11.1.3,11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 In it. AM Document A201 — 2017. Copyright n 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997. 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not 1 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9,5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.82.3, 3.11, 3.118, 4,2.8, 5.2.3, 7.1.2, 7. 1, 3,7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1; 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 311, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8 . 3.1, 9.3. 1. 1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3,9, 9.3.3, 9.10.4, 10.3.3, 151 15.4 Claims and Timely Assertion ot'Clairns 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5,2, 10.15, 10.3.2, 15.1.5 Claims for Additional Thne 3.2.4, 33.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3,2,4., 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 103.3, 11.3, 113.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15,6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3 . 4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3 6.2.2, 8.1.2, 8.2.2, 8.3. 1, 11. 1, 11 .2, 15.1.5 Conimenceirient of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 42.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3 , 8. 2.3, 9.4.2, 9.8, 9.9 , 1, 9,10.3, 12.2, 15.12 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3,12.10, 3.13, 9.6.4, 10.2.2, 13. 1, 1.3.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7A, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4,6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1, 1. 1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1-6.2 Contingent Assignment of Subcontracts 5.4, 14.2.12 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TE11NIINATION OR SUSPENSION OF THE 5.41.1, 5.4.2, '11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and ExCCLItion, Conditions JWating to 3.7,1, 3,10, 5,2, 6.1 Contract Documents, Copies FlIrmsfied and Use of ,1.5,2, 23.6, 5.3 Contract Documents, Definition of Ll. I Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7 , 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.27 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.11, 2.2.2, 3.7A, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8. 1. 1, 8.21, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 121.2, 14,3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1,6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12A, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 AIA Document A201 — 2017. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Inslitule of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/0912023 under Order No.4104236664 which expires on 10104/2023, is not 4 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) 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, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3,14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2,2.2.4,3.3.2,3.18.1,3.18.2,4.2.4,5,9.6.2,9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 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, 3.5.1,3.7.4,3.10,3.11,3.12,3.16,3.18,4.2,5.2,6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3,12,13.4,15.1.3,15.2.1 Contractor's Representations 3.2.1,3.2.2,3.5,3.12.6,62.2,8.2.1,9.3.3,9.8.2 Contractor's Responsibility for "Those Performing the Work 3.3.2, 3,18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 22.2, 9.7 Contractor's Right to Terminate the Contract: 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5-2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9,10.2, 9,10.3 Contractor's Superintendent 39, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3,4, 3.12.10, 4.2.2, d.2.7, 6.1.3, 6.2,4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Wont( 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 99.1, 12.1.2, 12.2, 12.3, 15,1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Document% 1.2 Cost, Definition of 7.3.4 Costs 2.5,3.2.A,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 7.3.3.3. 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2,12.2.1,12.2.4,13.4,14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10A, 12.2.4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,1.0.2.5,10.4,12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Ray, Definition of 8.1.4 Decisions of the Architect 3.7A, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7,3,9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2,14.2.4,15.1,15.2 Recisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.37 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Defriilions I,1, 2.1.1, 3.1,1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Relays an(] Extensions of Tinre 3.2,3.7.4,5.2.3,72.1,7.3.1,7.4,8.3,9.5.1,9.7, 10.3.2,1.0.4,14.3.2,15.1.6,15.2.5 Digital Data Use and Transinission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at. the Site 3.11. Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 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 I,1.3, 1,1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2. 1 . 1, 14.11.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.6,8.2,9.5,1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init. AIA Document A201 —2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of 5 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not 1 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents°Terms of Service_ To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) Extensions of Time 3.24, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1,3, 9.7, 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, 42.9, 9.8.2, 9,10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.11, 13.2.2, 14.1.1.4 GENERAL PRO171SIONS I Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.21 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.12,112,10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4J, 13.421 14.1.1.4, 14.1.4, 15.1,4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15,1.4.2, 15,2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4,2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9,9.2, 9.10.1, 12.2.1, 114 Instructions to Bidders Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 82.2, 12, 13,4.2 Instruments of Service, Definition of 1.1.7 Insurance 6 . 1. 1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability, 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 11.8, 1.2.3,1.4, 4.1.1, 5.1, 6.1.2, 1 S. 1.1 Interpretations, Written 4.2.11, 4.2.12 ,Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1. 1 .6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6-2. 1 , 7 . 3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10,2, 10.2. 1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 1022, 13.1, 13.3,1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.11, 9.3.3, 9.6.8, 9.10.2, 9,10.41 15.18 Limitations, Statutes of 12.2.5; 15.L2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 11 8.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.33, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3,12.5, 3,15.1. 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, 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, 3.15.1, 5.2.1, 6,2.1, 73.4, 9-3.2, 9.33, 9.5.1.3, 9.1.0.2, 10.2.1.2, 10,24, 14.2.1.1, 14,11.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 93.3, 9.6.8, 9.10,2, 9,10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15,2.1, 15.2.5, 15.2.6, 15.3, 15,4.1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.9, 4.2.8, 7.1, 7.4 AIA Document A201 —2017. Copyright@ 1911,1915, 1918, 1925, 1937. 1951, 1953,1961, 1963. 1966, 1970, 1976, 1987,1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects" "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 1010412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail dociiifo@aiacontracts.com. User Notes: (1462981493) MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1. 1. 1, 1. 1. 2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.93, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 15, 3.5, 4.2.6, 6.2-4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2,23, 2.2.4, 2.5, 3.2.4, 3.3.1, 17A, 3.7.5, 3.9.2, 3.12.9, 3,12.10, 5.2.1, 7A, S. 2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14A.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6,2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4,1, 13.4.2 Observations, Contractor's 3.2,3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1. 1. 1, 2.4, 3.9.2, 7, 8.2.2, 1.1.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2,2, 13.2.2, 14.1.1.4 Owner, information and Services Required offlic 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9,6A, 9.9.2, 9,10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1,1, 23.32.4, 2.5, 3,42, 3.8.1, 3.12.10, 3.11.27 4.1.2. 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 613, 7.2.1, 73.11 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1, 1. 2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14,2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6,9.9 Patching, Cutting and 3.147 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6,3, 9.7, 9.8.5, 9. J 0. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4. 2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10. 1, 9.10.3, 14.1.13, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.19, 9.10, 12.3, 14.2,4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9A2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10. 3. 1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1 , 3.7, 3.13, 7.3.4.4., 10.2.2 PERSONS AND PROPERTY, PROTECTION OP 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.17 Progress and Completion 4.22, 8.2, 9,8, 9.9.1, 14.1.4, 15,1.4 Progress Payments 9.3, 9.6, 9.8 , 5, 9.10.3, 14,23, 15.1.4 AIA Document A201 — 2017. Copyright @) 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 19GG, 1970, 1976, 1987. 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects,""AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American institute of Architects. This document was produced at 12:58:39 ET on 02109/2023 under Order No.4104236664 which expires on 10/0412023, is not 7 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsOTerms of Service, To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements LLI PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1. 5, 2.3,2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9. 1, 1022, 13.1, 13.3: 13.4.1, 13.4.2, 13.5, 14, 15.2.8,15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1,1, 3.9, 4 . 1. 1, 4.2,10, 13.2.1 Responsibility for Thosc Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3 , 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.101, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3,12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3,12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 312 Rights and Remedies 1. 1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 6.3. 7.3.1, 8.3, 9.5.1, 9.7, 1025, 10.3, 12,2.1, 1222.2, 12.2,4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3,17 Rules and Notices for Arbitration 15.4.1 Safety- ol'Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4,2.7, 5.3, 10.1, 102, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3,11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2,9.3.1 Schedules, Construction 3.10, 3.12.1, 3,12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors I . 1.4, 3.12.5, 3.14,2, 4.2.4, 4.2.7, 6, 83.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3,11, 3.12, 4.2.7 Site, Use of 3.13, 6,1.1, 6.2-1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7,4: 4.2, 9.9.2, 9.4.2, 9 . 10. 1, 13.4 Site Visits, Architect's 3.7.4, 4.2,2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special. Inspections and Testing 4.2.6, 12.11, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3. 12, 10, 3.17, 4.2.14 Statute of Limitations 15.12, 15.4.1..1. Stopping the Work 2.2.2, 2.4, 9,7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 1024 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.21 3.3.27 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.12, 9.6.7 Subcontracouil Relations 5.3, 5.4, 9.3.1.2, 9,6, 9.10, 10.2.1, 14,1, 14.2.1 Submittals 3.10, 3,11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9 3, 9.8, 9.9.1, 9,10.2, 9.10.3 Submittal Schedule 3.10.2, 3. 12.5, 4,2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9; 8,1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights [nit. reserved. "The American Institute of Architects," "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontrarts.com. User Notes: (1462981493) Subsurface Conditions 3,7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 33, 3.4, 3.12,10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8,2, 83.1, 9.4.2, 10, 12, 14, 15.1.4 SUPI)liCTS .1.5, 3.12.1, 4.14, 4.2.6, 5.2.1, 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, 11.12, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4,1.1, 14 Taxes 3.6, 3,8.11, 73.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 1.3.4 TIME 3 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15A.6, 15.2.5 Time Limits 2.1.2. 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15,13, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15,1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND COIM4 CTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.31, 10.3 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, 62.1 Values, Schedule of 9.2,93.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Conti -actor 9.10,5, 1.3.3.2, 15.1.7 Waiver of Claims by the Owner 9.93, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of'Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1,11.3 Warranty 3.5, 4.2.9, 9,33, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15,12 Weather Delays 83, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3 -4-2, 3.7.4, 3.12.8, 3.141, 4.12, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 42.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 AIA Document A201 —2017. Copyright ED 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights [nit. reserved. "The American Institute of Architects," "American Institute of Arch iteGts," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not 9 for resale, is licensed for one-time use only, and may only be used in accordance with the AM Contract Documents" Terms of Service. To report copyright violations, e-mail docirifo@aiiicoiilracts.com. User Notes; (1462981493) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other- documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement,, the Contract Documents do riot include the advertisement or invitation to bid, Tnstructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral, The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (l ) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor, The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a. part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract: Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and. dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § '1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith, § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Init. AIA Document A201 —2017. Copyright 0-1911, 1916. 1918, 1925, 1937. 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks o1 0 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed forone-lime use only, and may only be used In accordance with the AIA Contract DocumentsOTerms of Service. To report copyright violations, e-mail docinfo dvaiacontracts.com. User Notes: (1462981493) § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined 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 enforceable. In such case the Contract Documents shall be construed, to the fullest extent pennitted by law, to give effect to the parties' intentions and purposes in executing the Contract. § 1.2.2 Organization ofthe Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or constriction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -sul)con tractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service;. The Contractor, Subconlract:ors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect's consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notily or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1,6,21`aotice 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 representative of the part), to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TM-201.3, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document _.... _ .._.__ _.._.- ... ---- _.... —_- .. __ .. Ihlt. AIA Document A201 — 2017. copyright O 1911 1915 1918 1925, 1937, 1951, 1958 1961, 1963, 1966, 1970, 1976. 1987 1997, 2007 and 2017. All rights reserved 'The American Institute of Architects,' "American Institute of Architects, 'AIA," the AIA Logo, and 'AIA Contract Documents" are registered trademarks of 11 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236654 which expires on 10/04/2023, is not / for resale, is licensed forone-time use only, and may only be used in accordance with the AIA Contract Documentsti°Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) G202TM-201.3, Project Building Information Modeling Protocol form, shall be at the 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 of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall famish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work, until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2,2.2 Following commencement of the Nhuork and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concert regarding the Owner's ability to rnake payment when due; or (3) a change in the Work materially changes the Contract Slue. If the Owner fails to provide. such evidence, as required, within foui-teen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Surn shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract DOCUrrnents. § 2.2.3 After the Owner furnishes evidence of financial arrangements tinder this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor - shall keep the information confidential and shall not disclose it to tiny other person. I-lowever, the Contractor may disclose "confidential" information, after seven (7) days' notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub -subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to naa:intain the confidentiality of such i- ifornation. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, casements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfuully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Doclinients as if singular in number. Init. AIA Document A201 — 2017, Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 2 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not 1 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracls.com. User Notes: (1462981493) § 2.3.3 If the employment of the Architect terminates, the Owner shall employ 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 Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site, The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner's fright to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3, § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect, May, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or .failure. If current: and future payments are not sufficient to cover- such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 T11e Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The tern "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Init. AIA Document A201 —2017, Copyright @ 1911, 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 13 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not I for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and constriction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made ]mown to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.22 or 3.2.3, the Contractor sliall submit Claims as provided in Article 15, If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had per:forned such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for noncontonnities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. Tire Contractor shall be solely responsible for, and have control over, construction rncarls, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. if the Contract Documents give specific instructions concerning construction tncans, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsitc safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose, alternative means, methods, techniques, sequences, or procedures_ The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor's proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of fhe Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation; and other facilities and services necessary for proper execution and completion of the Work, whether temporary or pennanent and whether or not incorporated or to be incorporated in the '\Vork. § 3 4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Init. AIA Document A201 —2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997, 2007 and 2017, All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the A Logo, and `AA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/0412023, is not 14 for resale, is licensed for one-time use only, and may only be used in accordance with the A I A Contract Documents"' Terms of Service. To report copyright violations, e-mail ddcinfo@aiacontracts.com. User Notes: (1462981493) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor fiallier warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may he considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Conti -act Documents 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. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. 3.7.2 The Contractor shall comply with and ,ivc notices required by applicable laws, statutes, ordinances, codes, 0 rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 Ifthe Contractor performs Work knowing it to be contrary to applicable laws, Statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unl(nown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily sound to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect deten-miles that they differ materially and cause all increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwis(, instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Ail icle 15. AIA Document A201 —2017. Copyright @ 1911,1915,1918, 1925,1937, 1951, 1958, 1961, 1963, 1966, 1970,1976, 1967, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects," "American Institute of Architects,' "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 15 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service, To report copyright violations, e-mail docinfo@aiacorili'acts.com, User Notes; (1462981493) 3.8 Allowances 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in [Ile Contract DOCUI[nerltS, Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses conternplated for stated allowance amounts shall be ]included in the Contract Surn but not in the allowances; and .3 whenever costs are more than or less than allowance.,., the Contract SLIM shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) clianoL_cs in Contractor's costs under Section 3.8.2.2, § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a Coilll)C[CIltsuperiiii.ciitleiit and necessary assistants who shall be in attendance at the Project Site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the, C01111-aCtor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt, of the int'ornlafioll. the Architect may notify the Contractor, stating whether the Owner or the Architect (I.) has reasonable ObjCcLiclll to 1.11c, Proposed superintendent or (2) requires additional time for rev icw. Failure ofic Architect to provide notice within the I 4-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent co wboni the Owner or Architect has made reasonable and firriely objection. The Contractor shall not change the superintendent without the Owner's consent, NVIliCil shall 110t Unreasonably be withheld or delayed. Ct 3.10 (:orrtractor's GonstrUCHOFI and Submittal Schedules 3A 0.1 'I'll(, Contractor, proniptly after being awarded the Contract, shall submit for the Owner's and Architect's inf'orination a (_..'ontnactor's construction schedule for the Work. The schedule Shall contain detail appropriate for the Project, including (1) the date of corliniencenient ol'tho Work, interim schedule milestone dales, and the date of Substantial Completion; (2) an appOrtiOnITIClit 01"the Work by consh-1.100011 activity" and (3) the linie required for completion of each portion of' (lie Work. The scliedule shall provide for the orderly progression of the Work to completion and shall not exceed tirric I irnits current under the, Contract Documents. The schedule sliall 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 rnainlain a C(IlTent submittal schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall. not be unreasonably delayed or withheld. 'file submittal schedule shall (1) be coordinated with the Contractor's construction schedule. and (2) allow the A.rchitect icasonabic tillic to review slibintials. If the Contractor fails to submit a submittal sclICCILIle, OF fails to provide SLIbrnivals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Stun or extension of Contract Tinic based on the tine required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general aCC01-datlCe with the most recent schedules subrnitted to the Owner and Architect. § 3,11 Documents and Samples at the Site The Contractor shall make available, at the Project Site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked current]), to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required Submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and .... ..... . ..... __­11 ­1 ........... ............ ­­­­ . . . .......... ... AIA Document A201 —2017. Copyright 0 1911,1915, 1918, 1925, '1937, '1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights Init. reserved, "The American Institute of Arch;tects," "Arnerican Institute of Architects," "A I A,` theAlA Logo, and "A IA Contract Documents are registered trademarks 0 16 The American Institute of Architects. This document was produced at 12:58:39 ET on 02109/2023 under Order No.4104236664 which expires on 1010412023, is not for resale, is licensed for one-time use only, and may only DG Used in accordance with the AIA Contract Documents"Terms of Service. To report copyright violations, e-mail (iocirii'o(uai-,icontracts.coin. User Notes: (1462981493) delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3,12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for sonic portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, .Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect, is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in d.re activities of the Owner or of Separate Contractors. § 3.'12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with, the requirements of the Work and of t11e Contract I:)ocuments. § 3.123 The Contractor shall perf`orrn no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3,12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or oil resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will _.... -- ......,.... _ .._. __ - __...,_.-__ .-. __.. .._ Init. AIA Document A201 — 2017. Copyright 01911 19151918, 1925, 1937, 1951 1958, 1961, 1963, 1966 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved The American Institute of Architects, "'American Institute of Architects AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of 17 The American Institute of Architects. This document was produced at 12:58:39 ET on 02109/2023 under Order No.4104236664 which expires on 10/0412023, is not for resale, is licensed forone-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail clocinfo@aiacontracts.com. aiacontracts.com. User Notes: (1462981493) specify all performance 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 cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract DOCLIMentS require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the forni specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring quitting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent, shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, froin the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area tree from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. § 3,15.2 If the Contractor fails to clean tip as provided in the. Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Worlc The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Init. AIA Document A201 — 2017. Copyright CD1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970. 1976, 1987. 1997, 2007 and 2017, All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 18 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/0412023, is not / for resale, is licensed for one -lime use only, and may only be used in accordance with the AIA Contract Documentsfl Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and litnitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of t11c Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the :final Certificate for Payinent. The Architect 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, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, alyd to detennine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. however, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance Nvith the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other- persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. [nit. AIA Document A201 — 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks of 9 The American Institute of Architects. This document was produced al 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10104/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentss'Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a. decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for confornzance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12, The Architect's review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in. Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the (late or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.3; receive and forward to the Owner, for the Owner's review and records, written warranties and related docurnents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4210 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist: in carving out the Architect's responsibilities at t:he site. 'The Owner shall notify the Contractor- of any change in the duties, responsibilities and ]imitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and kvill be in writing or in the form of drawings. When making such interpretations and decisions, the. Architect will endeavor to securc faithful perforce nee by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. Init. AIA Document A201 — 2017. Copyright © 1911, 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 2Q The American Institute of Architects. This document was produced at 12:58:39 ET on 02/0912023 under Order No.4104236664 which expires on 10104/2023, is not for resale, is licensed for one -lime use only, and may only be used in accordance with the AIA Contract Documentsm Tenns of Service. To report copyright violations, e-mail docinfo a aiacontracts.com. User Notes: (1462981493) ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract. with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. § 5.2 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 after award of the Conti -act, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the inforntation, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection, The Conti -actor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If, the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection- If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time. shall be increased or decreased by the difference, if any, occasioned by such change, and in appropriate, Change Order shall be issued before commencement of the substitute Subcontractor's Work, However, no increase in the Conti -act Sum of Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required, § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such Substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract 1' ocurnents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect tinder the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies,., and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the, Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance �vjth the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract. agreement for apor-tion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 mid only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. .............. AIA Document A201 — 2017. Copyright @) 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987, 1997, 2007 and 2017, All rights Init. reserved. the American Institute of Architects," "American Institute of Architects" "Alkthe AIA Logo, and "AIA Contract Documents" are registered trademarks of 21 The American Institute of Architects. This documentwas produced at 12:58:39 ET on 02/0912023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (1462981493) When the Owner accepts the assignment of asubcontract agreement, the Owner assumes the Contractor's rights and obligations tinder the subcontract, § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting ,from the suspension, § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall irican other contractors retained by the OiA,rier under separate agreements. The Owner reserves the right to perform construction or operations related to the project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those, provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of (fie Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination ofilie activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their Construction schedules. The Contractor shall make any revisions to its construction schedule decined necessary after ajoint review and 111LItUal agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § GJA Unless otliei-Aise provided in the Contract Documents, when the Owner performs construction or operations related to the Pro ' ject with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this /\rticle 6, and Articles 10, 11, and 12, § 6.2 Mutual Responsibility § 6.2.1 The Contractor sliall afford the Owncr and Separate Conti -actors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 1fpart of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Conti -actor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and rcSLlhS of the Contractor's Work. Failure of the Contractor to notify the Architect of 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 constriction is fit and proper to receive the Contractor's Woric. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of Separate Contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. .. . ........ . . ......... AIA Document A201 — 2017. Copyright Oq 1911, 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights InIt. reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of 22 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires an I OJ04/2023. is not for resole, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsOTerms of Service. To report copyright violations, e-mail docinfogaiacantracts.com. User Notes; (1462981493) § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding areafree from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE VVORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a 1�ninor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1,2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone, § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a writtcn instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and ,3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract. Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: ,1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; ,3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data, Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: Init. AIA Document A201 - 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 23 The American Institute of Architects, This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not 1 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the ad ustinent in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect, When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed trader the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interiln determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. 7.3.10 When the Owner and Contractor agree with a determiria.tion made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 minor Changes in the Work The Architect may order minor 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 all extension of the 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 Tirne, the Contractor 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 fora minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Tirane. ,ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of corn mencennent of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.3 Init. ALA Document A201 —2017, Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976. 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 24 The American Institute of Architects. This document was produced at 12:58:39 ET on 02109/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents®Terms of Service. To report copyright violations, e-mail docinfo@aiaconlracts.com. User Notes: (1462981493) § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar (Jay unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be fairlished 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, § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect t_4:1 of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by Changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, tinavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, Or Other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the, Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This, Section 8.3 does not preclude recovery of damages for delay by either party tinder other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9A Contract Sum § 91.1 The Contract Sum is stated in the Agreement and, including authorized adjustinents, is the total artiouill payable by the Owner to the Contractor for performance of the Work tinder the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Docurnerils or subsequently agreed upon, and ifquantities originally contemplated are inatcHilly changed so that application of such unit prices to the actual quantities CIUSCS substantial inequity to the Owner or Conti -actor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract SLITTI to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to .substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment, § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an i itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9,2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage, if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet -included in Change Orders, I ...... _.1­1_­_­­_­. . .......... . .. . ......... . ..................... . ....... . _ . ... ........... . ... .................. . .. . ..... . . ............ ... . . ... . .. .. ........ AIA Document A201 — 2017. Copyright C-) 1911. 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights Init. reserved. "The American Institute of Architects, "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 25 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/0412023, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documen(sOTerms of Service. To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (1462981493) § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or 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 oil account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment. stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner steal I, to the best of the Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor'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 (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided ill Section 9-5.1; or (3) withhold certification of the entire Application .for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for .Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that. the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to cof7-ection of minor deviations f7-om the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to cheek the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid o11 account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made, If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4,1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not: remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; Init. AIA Document A201 — 2017. Copyright © 1911. 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970. 1976. 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of Z6 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents®Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462961493) .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 darnage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Tillie, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents, § 9.5.2 When either party disputes the Architect's decision regarding a Certi ficate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven 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 to pay, or to see to the payment of money to, a Subcontractor- or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor's payments to suppliers shall he treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Slim, payments received by the Contractor for Work properly perforined by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or' suppliers who performed Work or furnished materials, or both, tinder contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle 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 the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. _........ _.. _._... _.—_. -... . _..... ...... ._ _...._.. -- _ -------- _ _..__ ................... _. - AIA Document A201 — 2017. Copyright © 1911 1915, 1918, 1925 1937, 1951, 1958, 1961, 1963 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights Init. reserved. "The American Institute of Architects " "American Institute of Architects,"'AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not 27 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the amount owing has been received, The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance xith the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete oi- correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, hcat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall cornnrence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surcty if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such Occupancy or use i.s consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may cortunence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if an),, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement: of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or; if no agreement is reached, by decision of the Architect. § 9.9.2 hnniediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. Init. AIA Document A201 —2017. Copyright OO 1911, 1915. 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976. 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 28 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed forone-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constinite acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable tinder the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, iriformation and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers' warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract., to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to fitmish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or cncunibrance. If a lien, claim, security interest, or encumbrance retrains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lice, claim, security interest, or encumbrance, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting, final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the retraining balance for Worl< not full), completed or corrected is less than retainage stipulated in the Contract. Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under tetnis and conditions governing final payment, except that it shall not constitute a waiver of Claims. 9.10.4 The making of final payment. shall constitute a waiver of Claims by the Owner except those arising from ,1 hens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if perrnitted by the Contract Documents- after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of clai ns by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of; and shall provide reasonable protection to prevent damage, injury, or loss to ..-_._.-__.__—_._...... .... ... . _—.___.. __. _......_. ... .._.._,., - ....___...----- .__.__._— .._..._._.. _. ...._.._. Init. AIA Document A201 — 2017 Copyright © 1911, 1915. 1918, 1925. 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987, 1997 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 29 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 1010412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumenlsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall. comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection front damage, injury, or loss, § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and perfortnance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of therm, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1,3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either ofthorn may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the. Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect.. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or property If either party suffers injury or damage to person or properly because of an act or omission of the other party, or of others for- 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 sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § '10.3.1 The Contractor is responsible for compliance with any requirements includes] in the Contract. Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material Or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is bound to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of personas or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will - -- .......... Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA;' the AIA Logo, and "AIA Contract Documents" are registered trademarks of 30 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not 1 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents®Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, toss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances- § '10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remed,iation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence- § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as rcquircd by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency alTccting safety of persons or property, the Contractor sha1'1 act, at tile Contractor's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension Of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and. Article 7. ARTICLE '1'➢ INSURANCE AND BONDS § '11.1 Contractor's Insurance and [bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract. Documents, The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawiful'ly authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal suns, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project: is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished, § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act ---- -- ... -.... _ _-....... _ .............. __..... -._..... ..... _,.... _. ______._w._ ...... _.... .. Init. AIA Document A201 — 2017 Copyright O 1911, 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects, "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks of 31 The American Institute of Architects. This document was produced at 12:58:39 Er on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not for resale, is licensed for ono -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfc@aiacontracts.com. User Notes: (1462981493) or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner's Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terns and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain thee required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work 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 Contract Tune 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 the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. Tf the Owner does not provide written notice, and t:lie Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor:, upon receipt of notice from [lie Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to tine Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost Of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants, and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to 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 to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 1,1.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance Init. AIA Document A201 — 2017 Copyright © 1911, 1915, 1918, 1925, 1937, 1951 1958, 1961, 1963 1966. 1970, 1976, 1987, 1997 2007 and 2017. All rights reserved.'The American Institute of Architects," "American Institute of Architects,' "AIA," the AIA Logo and "AIA Contract Documents' are registered trademarks f The American Institute of Architects. This document was produced at 12:58:39 ET on 02/0912023 under Order No.4104236664 which expires on 10104/2023, is noot 32 f for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against. the Contractor and Architect for loss of use of the Owner's properly, due to fire or other hazards however cause(], §11.5 Adjustment: and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be lldjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section '1.1.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar maittaer. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notiAl the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor- shall have 14 (lays from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not olrjcct, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, i'f tro other agreeinent is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the darriared or destroyed Work in the amornit allocated for that purpose. If the Contractor timely objects to either the (.mans of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be. resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction. Change Directive for the, reconstruction of the darMigcd or destroyed Work. ARTICLE '12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12,iJ If a portion of the Work is covered contrary to the Architect's icquest or to requircmcrils specifically expressect in (lie, Contract Documents, it must, ifrequested in writing by (lie Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Conicac( Time. § 12.1.2 If a portion of the Work has been covered that the ,Architect has not specifically requested to examine prior to its being covered, the Architect May regrtest to see such Work and it ,shall tic uncovered by the, ("'ontractor. If such Work is in accordance %vit.h the Contract 1:)ocurric,nts, the Contractor shall be entitled to ,in equitable adjustrnentto the, Contract Sum and Contract Tinic as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the ��To rk, and the cost of correction, shall be at the Contractors e:.pc1)Sc. § 12.2 Correction of Whorl( § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Worf� re.jceted by the Architect: or failing to conform to tire, requirements of the Contract Documents, discovered before Substantial Com.plet.ion and %,dicther or not: fabricated, installed or completed. Costs of correcting such rejected Work. including additiorial testing and inspections, the cost of uncovering tend replacement, and compensation for the Architect's services and expenscs made necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 7.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by germs of any applicable special warranty required by the Contract :Documents, ally of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Worn, if the Owner fails to notify the Contractor and hive (lie Contractor an opportunity to rnakc the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to con-cel nonconforming Vdork within a reasonable time during that period after receipt of notice from the Owner or Architect,, the Owner may correct it in accordance with Section 2.5. .._____... . -....... _._ ...____ ... .... __ .. ......... __._._,_ Init. AIA Document A201 —2017 Copyright o 1911 1915 1918 1925 1937, 1951 1958, 1961, 1963 1g66 1970 1976, 1987, 1997 2007 and 2017. All rights reserved 'The American Institute of Architects, 'American Institute of Architects,' 'AIA, the AIA Logo and "AIA Contract Documents' are registered trademarks of 3 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04,2023, is not 1 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contra(: Documents", Tears of Service. To report copyright violations, e-mail docinfo alaiaeonh—<icls.com. User Notes (1462981493) § '12.2.2.2 'I'lic one-year period for correction of Work shall be extended with respect to portions of Work first perforined. after Substantial Completion by the period of tirne between Substantial Completion and the actual completion of that portion of the Work. § '12.2.2.3 'The one-year period for correction of Work shall not be extended by corrective Work performed by the. Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance With the requirements of the Contract Documents and are neither C01"FeCled by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost ofcorrectingdestroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor's correction orremovalof Work that is not in accordance with the requirements of the Contract Documents, § 12.2.5 Nothing contained in this Section 12,2 Shall be COnStRAC-ol to establish a period of limitation with respect to other obligations the Contractor has Linder the C,011ITact Documents. L'stablishinent of the one-year period for correction of'Work as described in Section 1222 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the brie within which the oblioalion to comply with the Contract Documents may be, sought to be enforced, nor to the, lline within which proccedings may be co.ainienecd to establish the Contractor's liability with respect to the Contractor's obligations other (Iran speciflically to correct the Work. § '12.3 Acceptance of I'qonconforrning VVorl,, If the Owner prefers to accept Work that is not in accordance with the rcqLlir0MCntS of the Contract Documents, the Owner may do so instead of requiring its removal, and correction, in which case the Contract Slan Will be reduced Is appropriate and equitable. Sach adjustment shall be OffeCtCd IMICtlICT Or 1101 final payment, has been made. ARTICLE '13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction'stn 0 choice of law rules. If the parties have selected arbitration as the meLliod of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § '13.2 Successors and Assigns 13.2.1 The Owner and Contractor ruspudively bind themselves, (heir partners, successors, assigns,, and legal representatives to covenants, agrecinents, and obligations contained in tile Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract sliall assign the Contract as a whole without written consent of the other. If either party attempts to make all assi-runcrit without such consent, that party shall nevertheless remain legally responsible for all obligations Linder the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the C,ontract vo a lender providing construction financing for the Project, if the leader assumes the Owner's rights and obligations under the Contract Docuinenis. The Contractor shall execute all consents reasonably rC(JL1a­Cd to faellitate [lie assignment. § 13.3 Molls and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder -,hall be in addition to and not a ]mutation oi'duties, obligations, rights, and remedies otherwise imposed oravailabte. by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act C0llStirLtfC approval of'or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Conn: 1.ct DOCUraCrItS and by applicable laws, SWtLuCS, ordinances, codes, rules, and I-C"LlIat.iOnS or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make al-rangernents for such tests, inspections, and .... ..... ..... . ... . ........... __ ........... AIA Document A201 - 2017. Copyright TD 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1061, 1963, 1966.1970,1976,1987, 1997, 2007 and 2017, All rights [nit. reserved, "The American Institute of Architects," 'American Institute of Architects," "AIA,'' the AA Logo, and "AIA Contract Documents" are registered tradernarks The American institute of Architects, This document was produced at 12:58:39 ET on 02109/2023 under Order No.4104236664 which expires an 10/0412023, is not 34 for FOS21e, is licensed for one-time use only, and may only be used in accordance with the, AIA Contract Documents"I Terms of Service. To report copyright violations, e-mail dLicinfo@aiacontracts.com. User Notes: (1462981493) approvals with an uidependcnt. testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shalt give the Architect timely notice of when and where tests and inspections are. to be made so that the Architect. may be present for such procedures, The Owner shall bear costs of tests, inspections, or approvals that do not become rcquirelnents until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. 13.4.2 If the Architect, Owner, or public authorities having jurisdiction detennine that portions of the Work require additional testing, inspection, or approval not included rudder Section 13 A.1, the Architect will, upon written authorization from file Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by all entity acceptable to the Owner, and the Contractor shall give timely notice io the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4,2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents. all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect's services and expenses, slrall be at, the Contractor's expense. § 13.4.4 Rcquired certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect.. § 13.4.5 If the Architect is to observe tests,. inspections, or approvals 1-cquired by the Contract Docurnents, the Architect will do so promptly and; where practicable, at the normal place of testing. § '13.4.6 "Pests ae inspections conducted pursuant to the Contract Doctunents shall be ruade promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments dale and unpaid under the Contract Documents, shall beat' interest From the date payment is due at. the rate the parries agree upon ill writingor;, in the absence thereof, at the legal rate prevailing from time to time. at the place where. the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § '14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the; Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or e.rnllloyces, or any other per,sorls or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all 'Work to be stopped; .2 An act oi`governlnent, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a C;crtificate for Payinent and has not notified ilte. Contractor of the reason for witrrliolding certification as provided ill Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within th.e tittle staters in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2, § 14,1.2 The Contractor may terminate. the Contract if, through no act OF fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persrnas or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described it) Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as wellas reasonable overhead and prof t on Work not execute((, and costs incurred by reasons of such termination. Init. AIA Document A201 —2017. Copyright n 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects." "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 3� The Arerican Institute of Architects. This document was produced at 1158:39 ET on 02/09/2023 under Order No,4104236664 which expires on 10104/2023, is not forresale, is licensed for one -lime use only, and may only be used in accordance with the AIA Contract DocumentsOTerms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a. Subcontractor, a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; ,3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may decor expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and olber damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3,1 The Owner may, without cause, order- the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption ruder Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made of denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work, - and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. ... Init. AIA Document A201 — 2017 Copyright© 1911, 1915, 1918 1925, 1937, 1951 1968, 1961, 1963 1966. 1970 1976, 1987, 1997, 2007 and 2017. All rights reserved The American Institute of Architects," "American Institute of Architects, "AIA," the AIA Logo and "AIA Contract Documents" are registered trademarks of 3� The American Institute of Architects. This document was produced al 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not % for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) § 14.4.3 In case of such ten-nination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the. Agreernent. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Conti -act. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1 . I does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits 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 Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method Selected in the Agreement and within the period specified by applicable laiv, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § '15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expinition of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § '15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Clain), except as otherwise agreed in writing or as provided in Section 9.7 art(] Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision IvI.aker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates For Payment in accordance with the decision of the Initial Decision Maker. § 115.1.5 Claims for Additional Cost If the Contractor willies to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the. subject of the Claim. Prior notice is not required for Claims relating- to an emergency endangering life or property arising tinder Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Conti -actor wishes to make a Claim for an increase in the Contract Tine, notice as provided in Section 15.1.3 shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. AIA Document A201 — 2017. Copyright Cr 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks of 37 The American Institute of Architects. This document was produced at 12:58:39 ET on 0210912023 under Order No.4104236664 which expires on 10104/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiaconlracts.com, User Notes: (1462981493) § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This rlrtrtual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1,7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is First discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1., all initial decision shall be required as a condition precedent to mediation of any Claiin. If an initial decision has riot been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without- a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision. Maker will riot decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten clays of the receipt of a Claim take one or more of the following actions; ('1) request additional supporting data from the claimant or a response with supporting data. from the other party (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Cl:ainl if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special k:nowledgc or expertise who may assist the Initial Decision Maker in rendcring a decision. The lnitial Decision Maker may request the Owner to authorize .retention of such persons at the Owner's expense. § '15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten clays after receipt of the request, and shall either (1) provide a response on the requested supporting data., (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any; the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be .final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision, - ...... _........ _ - .. _...... _ _ _.._- Init. AIA Document A201 —2017 Copyright© 1911, 1915, 1918, 1925, 1937 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017, All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 38 The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No,4104236664 which expires on 10/04/2023, is not / for resale, is licensed for one -lime use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) § 15.2.7 In the event of a Claim against the Contractor, the Owner rnay, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, birt is not obligated to, notify (lie surely and request the surety's assistance in resolving the controversy. § 15.2.3 If a Claim relates to or is the subject of a mechanic's lien, the parry asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or tiling deadlines. 15.3 Mediation § 15.3.1 Claims, disputes, or other marters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9,10.4, 9.10.5, and 15.1.7, shaII be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in 'writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such even(, mediation shall proceed in advance of hinding dispute resolution proceedings, which shall be .stayed pending mediation for a period of 60 days from the dale of FlinE,,, unless stayed for a longer period ley agreement of the parties or court order. If all arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upotl a schedule for later proceedings. § 15.3.3 Either party may, within 30 days U-om the date that mediation .has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If suc11 a demand is rrrade and the panty receiving the demand fails to file for binding dispute resolution within 60 days atftcr receipt thereof, then both parties waive their righis to binding dispute resolution proceedings wills respect to the initial decision. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The .mediation shall be held in the place: where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be cril'orceable as settlement agreements in any court having.jurisdict:ioll thereof. § °15A Arbitration § 15.4.1 If the parties have ,selected arbitration as fire method for bincinuz dispute resolution in the A gi eeY.rrent, any, Claim subject to, but, not resolved by, mediation shall be subject to arbitration which, unless the parties mutu ally agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in cflect oil the date of the Agre.enlent.. The Arbitration shall be conducted ill the place where the Project: is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to Lire C.onfract, and 'filed with the person or entity administering the arbitration. The party filing a notice ofclemand for arbitration must assert in the demand all Cairns then known to that party on which arbitration is permitted to be demanded. § 15AA A A demand for arbitration shall be made no carlier than concurrently with the filino of a request for mediation, but in no event shall it be made after the date when the institution oflcgal or equitable proceedings leased on flee C:'Iarirn would be barred by the applicable starltue of limitations. For statute of limitations purposes, receipt of a written demand for arbitration b)r the person or entity adnlinislerint,? the arbitration shall constitute the inst:itutioti of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be, final, and judgment may be entered upon it in accordance with applicable la", in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Ihit. AIADO current A201 — 2017. Copyright D 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Cantract Documents" are registered trademarks of �� The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on '10/04/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service, To report copyright violations, a -mail docinfoCaiacontracts.com. User Notes: (1462981493) § 15AA Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing* to such joinder, Consent to arbitration involving an additional person or entity shall not constitute consent: to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Init. AIA Document A201 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997. 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of �� The American Institute of Architects. This documentwas produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023, is not 1 for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumenlsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1462981493) Additions and Deletions Report for AIA® Document A2010 — 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text: Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:58:39 ET on 02/09/2023. PAGE 1 Westlake Acadenly&,mittasium Building Renovation (Name, legal status and address) Town of Westlake 1500 Solana. Boulevard Buildin t,7. Suite 7200 Westlake. Texas 76262 Glelni 1 Partners 5646 Milton Street. Suite 426 Dallas, Texas 75206 Additions and Deletions Report for AIA Document A201 —2017, Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997. 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/0412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents"Terms of Service. To report copyright violations, e-mail docinfo@alacontracls.com. User Notes: (1462981493) Certification of Document'su h nticity AW Document D40iTM — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:58:39 ET on 02/09/2023 under Order No. 4104236664 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of A1A0 Document A2011"15 — 2017, General Conditions of the Contract for Construction, other than those additions and deletions shown in the associated Additions and Deletions Report. ,J AIA Document D401 — 2003. Copyright @ 1992 and 2003. All rights reserved, "The American Institute of Architects," "American Institute of Architects," "AIA the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:58:39 ET on 02/09/2023 under Order No.4104236664 which expires on 10/04/2023. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com, User Notes: (1462981493)