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Home My WebLink AboutContract 'r ,= ® age' CAG-06-047 Award Date: 5/8/2006 TM Award Amount: - A Document A101 — 1997 $99,382.27 i h$ard Form of Agreement Between Owner and Contractor -Whelhe basis of payment is a STIPULATED SUM AEMENT made as of the 19* day of in the year of ,200(v (In words, indicate day,month and year) � ADDITIONS AND DELETIONS: The author of this document has WEEN* ()Wnen added information needed for its me,ad& and rmation) completion.The author may also have revised the text of the original Of Rift°°3-doh-, AIA standard form.An Additions and 5 Ss Wa Deletions Report that notes added $ information as well as revisions to a- e tirlft2 614 the standard form text is available a 4 603 from the author and should be reviewed.A vertical line in the left margin of this document indicates �C or � where the author has added y lion) necessary information and where ,r r the author has added to or deleted gill zl from the original AIA text. 3Mkiuth s This document has important legal x a consequences. Consultation with an 3 21 attorney is encouraged with respect F r '�1 to its completion or modification. JI AIA Document A201-1997,General Conditions of the Contract for location) °°' Construction,is adopted in this document by reference.Do not use Re�lt ton tie with other general conditions unless t „ Them this document is modified. 1 wa This document has been approved n and endorsed by The Associated General Contractors of America. k s: nd the.. . he O actor agree as follows. vo1, y AIA Document A101 TM—1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA6 Document is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:24 on 04/26/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (666619404) ARTICLE 1 THE CONTRACT DOCUMENTS x. 'nw(otttract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other z _� Gtnd�iibits),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed x s-k in thik Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully apart of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 8. Af> ICLE 2 WOIiOf THIS CONTRACT The Contra*1itltall4,1 'execute the Work described in the Contract Documents,except to the extent specifically indicated itt t Co documents to be the responsibility of others. 0. ��, A�ICLE�3 E_ "MI CEMENT AND SUBSTANTIAL COMPLETION > Al T tttcl f tlQ4*_of of the Work shall be the date of this Agreement unless a different date is stated �o�i w1s ad�Athe date to be fixed in a notice to proceed issued by the Owner. � n A rti ,�'nt if it dii ers from the date of this Agreement or, if applicable, state that the date will iJ% icy eed.) , nt esl 10,fixed in a notice to proceed. "`` e , the Work,the Owner requires time to file mortgages,mechanic's liens and other ` x= m �y itr Off. � me requirement shall be as follows: s measured from the date of commencement. n 't achieve Substantial Completion of the entire Work not later than 30 days from the date ceme10 ws: ays.AI ely,a calendar date may be used when coordinated with the date of Y ene de the Contract Documents, insert any requirements for earlier Substantial reprtairi portions rk of Work Substantial Completion Date 30 calendar days from Notice to Proceed. subject to #hst tract Time as provided in the Contract Documents. (In -provisions, i ated damages relating to failure to complete on time or for bonus payments for ea4 co the ARTICLE 4 CONTRACT SUM 4�1 T hall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the _ �tti� �ttract Sum shall be Ninety-nine Thousand Three Hundred Eighty-two Dollars and Twenty-seven z 7),subject to additions and deductions as provided in the Contract Documents. �� , P � 4 Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101TO—1997.Copyright m 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. .1 Unauthorized reproduction or distribution of this AIA'Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:24 on 04/2612006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (666619404) .44. prices,if any,are as follows: � Description Units Price($0.00) None A ICLE 5 RAYMENr PROGf08 PA ,;S .1 Basn A��fions for Payment submitted to the Architect by the Contractor and Certificates for � anent' a :by th itect,the Owner shall make progress payments on account of the Contract Sum to the W ' k tract r:w rovid ,%low and elsewhere in the Contract Documents. .2 �ed.k `: ch Application for Payment shall be one calendar month ending on the last day of as mss: yy e tt p .-a two-week cycle according to the 2006 Accounts Payable Calendar,a copy of Contractor. Applications for Payment must be received by the Owner a minimum of =Order cutoff date to be processed in that run. ,k ARA A a, ment shall be based on the most recent schedule of values submitted by the ` c1 the Contract Documents.The schedule of values shall allocate the entire Contract �; ons of the Work.The schedule of values shall be prepared in such form and supported tp S accuracy as the Architect may require. This schedule,unless objected to by the basis fa wing the Contractor's Applications for Payment. s poi Payme Kate the percentage of completion of each portion of the Work as of the �i by th6 cation for Payment. 4, ' �ier prov Contract Documents,the amount of each progress payment shall be ows: Take that portion of the Contract Sum properly allocable to completed Work as determined by mu s�ercentage completion of each portion of the Work by the share of the Contract Sum ' Il motion of the Work in the schedule of values,less retainage of Five percent 5.00° tal determination of cost to the Owner of changes in the Work,amounts not in to shaC(Sencluded as provided in Section 7.3.8 of AIA Document A201-1997; portion of the Contract Sum properly allocable to materials and equipment delivered and moored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less g; ainage of Five percent(5.00%)per pay request; tract the aggregate of previous payments made by the Owner;and ti a tract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: AIA Document A101Tu—1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and international Treaties. 3 Unauthorized reproduction or distribution of this AIA`Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:24 on 04/26/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (666619404) *✓ `*Me 1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contra ,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 y .8 R or n of retainage,if any,shall be as follows: Wis int` pr bstantial Completion of the entire Work, to reduce or limit the retainage resulting from �perc i Suctions 5.1.6.1 and 5.1.6.2 above,and this is not explained elsewhere in the Contract unt rt. o pns for such reduction or limitation.) s�k� 9 k p .. prior approval,the Contractor shall not make advance payments to suppliers for or have not been delivered and stored at the site. a o g the entire unpaid balance of the Contract Sum,shall be made by the Owner to the "tractor. fully performed the Contract except for the Contractor's responsibility to correct p, in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements, 'end beyond final payment;and �cate for Payment has been issued by the Architect. rw A ment[ n ontractor shall be made no later than 30 days after the issuance of the tec for r as follows: NO— X e �� TION Ml N'r t may e Owner or the Contractor as provided in Article 14 of AIA Document V_. e W d by the Owner as provided in Article 14 of AIA Document A201-1997. A E 7 MISCEt. ISIONS _. 7. a is a in this Agreement to a provision of AIA Document A201-1997 or another Contract cume e refers to that provision as amended or supplemented by other provisions of the Contract umen §7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated gga �sence thereof,at the legal rate prevailing from time to time at the place where the Project is g rest agreed upon, if any.) U IM in (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and AIA Document A101 TM—1997.Copyright m 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be 4 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:24 on 04/2612006 under Order No.1000232520_I which expires on 5/9/2007,and is not for resale. User Notes: (666619404) *4.r- elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) the,Owner's representative is: OWM,;address and other information) 2 iStroh %ties Manager,City of Renton J,055 S.Grady Way . tdaton,WA 98055 A ,, , 1 The(, to sentative is: { ime,adtltan in rmation) 3 :A Vie n Contractor's representative shall be changed without ten days written notice to the pan# z. m r po Al Am- DOCUMENTS min nts,except for Modifications issued after execution of this Agreement,are enumerated as k yy , $ :1 Tht s ex 7 edition of the Standard Form of Agreement Between Owner and =r oc ment A Th di s are the 1997 edition of the General Conditions of the Contract for Construction,AIA A 7. �1 Tao, YA nditions of the Contract are those contained in the Project Manual dated re as Follows Dot,*e Title Pages Project M Division 0 20 .1.4 Tlt ns are those contained in the Project Manual dated as in Section 8.1.3,and are as follows: er list, , lions here or refer to an exhibit attached to this Agreement.) & , Title Pages 1-7 Project Specifications 21 gs are as follows,and are dated February 16, 1970 unless a different date is shown below: y "awings here or refer to an exhibit attached to this Agreement.) Number Title Date Page 1 Carco Theatre Roof Plan 2/16/1970 AIA Document A101111—1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AtA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:24 on 04/26/2006 under Order No.1000232520_1 which expires on 5/912007,and is not for resale. User Notes: (666619404) §8.1.6 The Addenda,if any,are as follows: dumber Date Pages 1 3/21/2006 1 2 3/22/2006 6 lbrf"6ns of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding r uirements are also enumerated in this Article 8. fi-14.7 Other,,,dwumejj%.Jf any,forming part of the Contract Documents are as follows: ( 1 here any-tWdittOW40cuments that are intended to form part of the Contract Documents.AIA Document A201- 17 provsat ? requirements such as advertisement or invitation to bid, Instructions to Bidders,sample fp1s art � ns are not part of the Contract Documents unless enumerated in this Agreement. They Aduld be�h `k'if� ended to be part of the Contract Documents.) T as of the day and year first written above and is executed in at least three original - elivered to the Contractor,one to the Architect for use in the administration of the r t Owner. ( CO ig t re) e III Jennifer ,Vice President (Printed ame and title) F�§ d "1 d { � St r { Ain 't 429,r AIA Document A101 TM—1997.Copyright ®1915,1918.1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:24 on 04126/2006 under Order No.1000232520_1 which expires on 5/9/2007,and is not for resale. User Notes: (666619404) =. Document A201 TM - 1997 �e1a1 Conditions of the Contract for Construction .E rthe following PROJECT: QV7me and location or address): p< nk docutaoAts r OWN S-• . ADDITIONS AND DELETIONS: dme a esc= The author of this document has added information needed for its completion.The author may also have revised the text of the original AIA standard form.An '( a ) Additions and Deletions Report that notes added information as s�a well as revisions to the standard form text is available from the author and should be reviewed. LI A vertical line in the left margin of ' this document indicates where the author has added necessary information and where the author 2IIN has added to or deleted from the original AIA text. � w INO � This document has important legal consequences. d� a D OF THE Cc CT Consultation with an attorney N is encouraged with respect to :6C� 11�TORS its completion or modification. N OWNER OR BY SEPARATE CONTRACTORS This document has been approved and endorsed by The Associated General Contractors 7 GESINTHI �,h of America t S PIENt, APETION 10 P TION t tk86NS AND PROPERTY AE I D BONDS 12 UNCOVtAG AND CORRECTION OF WORK ANEOUS PROVISIONS 4TION OR SUSPENSION OF THE CONTRACT S AIA Document A201 Tm—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document Is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 00011 7582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) INDEX 3.1.3,4.2,4.3.4,4.4,9.4,9.5 (ti unibm,and Topics in Bold are Section Headings) Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Abeeptatice of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3, 12.3 3.5.1,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9:6.6-,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.6 Access to Work Architect's Decisions 46,6.2.1, 1 1 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, tident Pm"- ntion 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 4:Z3, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Acts and Otgions Architect's Inspections 3.3.4, 34, 3 , .34.3.8,4.4.1,8.3.1, 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 Architect's Instructions Acldend`a 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1, 13.5.2 Architect's Interpretations o 4.2.11,4.2.12,4.3.6 4.3414 1 'r Architect's Project Representative A . 1 0� sting 4.2.10 1 2 �A Architect's Relationship with Contractor 4 " 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, '" 3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2, CONTRACT 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, s; 3t.3 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, Adx� �nt o it td 13.4.2, 13.5 •1 ` f ` Architect's Relationship with Subcontractors Afet� ° 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 3" Architect's Representations 9.4.2,9.5.1,9.10.1 Architect's Site Visits � f Q 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 1 1 t 13.5 liter a titent Asbestos : .5k " "4.7.1,9.8.5, 10.3.1 Attorneys' Fees 3.18.1,9.10.2, 10.3.3 4, x1 10.2,3 s `"13.4.2, 13.5 Award of Separate Contracts itt'z�t X 6.1.1,6.1.2 °Y � �4 4, 1 4.5."' 4 6, .7.1, 11.4.99 Award of Subcontracts and Other Contracts for Portions of the Work Architects '� 5.2 41 Basic Definitions � rclntee4, A1.1C Bidding Requirements hitect ority 1.1.1, 1.1.7,5.2.1, 11.5.1 3.12.7, ,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3, 12.1, 12.2.1, 11.4.2 .; 13 #2.2, 14.2.4 Bonds,Lien � k0i*` ons of Authority and 9.10.2 Bonds,Performance,and Payment L, 3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 <,` +4. 4.2.7,4.2.10,4.2.12,4.2.13,4.4, Building Permit 5.2.1,7.4,9.4.2,9.6.4,9.6.6 3.7.1 Architect's Additional Services and Expenses Capitalization 2.49 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties, e2 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 9.8.3,9.8.4,9.8.5 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4, Certificates for Payment 4.6.6,9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 4.2 ,4:19,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 9. 01.3 13.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions Certifitfttes of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.54 Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 9:10.2, 11.1.3 Consent,Written Change Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 1.1.1,2.4.1,14.2,3.82- ;x,3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4.3:9,5.2.3 11,7.2 , 3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 11 4�4 11 1.2 SEPARATE CONTRACTORS Change Ot ,.Deof 1.1.4,6 Y2`41 6� Construction Change Directive,Definition of C ANQUI M y r 7.3.1 x.11 4, B k 4.9 Construction Change Directives slat i> 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 4:3.1 Construction Schedules,Contractor's CI ! es s 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 3.j � 4� 4 6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts 1{ fr U 5.4,14.2.2.2 a Claims Continuing Contract Performance 43.3 Cu ms flit" Contract,Definition of 2.3 .4, ,'7.3.8, 10.3.2 1.1.2 CONTRACT,TERMINATION OR .11-4 <, .3.2 SUSPENSION OF THE C> � C own Conditions 5.4.1.1, 11.4.9,14 4.a Contract Administration 3.1.3,4,9.4,9.5 '12.13:114- 4.3.1 ,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating 4114. ; 14.2.4, to Mons S on 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 4 4>1 �1- Contract Documents,The C1ea - � w 1.1,1.2 &A-44 Contract Documents,Copies Furnished and Use of m tatut 'on Period 1.6,2.2.5,5.3 131� Contract Documents,Definition of f W ns Relating to 1.1.1 2; t 3 1; .4.1,3. .�,3.10.1, .12.6,4.3.5,5.2.1, Contract Sum 5.273x 1 .2.2,$�1.2 1.1, 11.4.1, 11.4.6, 3.8,4.3.4,4.3.59 4.4.5,5.2.3,7.2,7.3,7.4,9.1,9.4.2, 11.5.1 - 9.5.1.4,9.6.7,9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Commencement of tion of Contract Sum,Definition of 8.1.2 9.1 �mmu 'litating Contract Contract Time � imst 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2, 3.0:1,4.2.4 8.3.1,9.5.1,9.7, 10.3.29 12.1.1, 14.3.2 Completion,Conditions Relating to Contract Time,Definition of 3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 8.1.1 9z :1 �t m`13.7, 14.1.2 CONTRACTOR PAYMENTS AND 3 Contractor,Definition of zt1p1� "„ aantial 3.1,6.1.2 4.2.9,8.1.1,8.1.3, 8.2.3,9.4.2,9.8,9.9.1,9.10.3, Contractor's Construction Schedules 9.10.4.2, 12.2, 13.7 1.4.1.2,3.10,3.12.1,3.12.29 4.3.7.29 6.1.3 Compliance with Laws Contractor's Employees AIA Document A201TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA'Document Is protected by U.S.Copyright Law and International Treaties. .3 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) ,%mope *Awe 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, 6.2.5,3.14 11.1.1, 11.4.7, 14.1, 14.2.1.1, Damage to Construction of Owner or Separate oJ�tl-otor's Liability Insurance Contractors 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, Y•">Contractor's Relationship with Separate Contractors 11.4, 12.2.4 and Owner's Forces Damage to the Work x.12.5;3.14.2,4.2.4,6, 11.4.7, 12.1.2, 12.2.4 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Contractor's Relationship with Subcontractors Damages,Claims for 1.2.2,3.3.2,3.18.1,3.L�,2,5,9.6.2,9.6.7,9.10.2, 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11:4.1.2, 11-43, 11 411 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 contractor's Relationf wo with the Architect Damages for Delay 1.1.2, 1.6,1,13;3.2 , 2:22,3.2.3,3.3.1,3.4.2,3.5.1, 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 3.7-3,3.10; 11,3.12 '16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of x}.3.4,44,1-,44-7,54161 .2,,7,8.3.1,9.2,9.3,9.4, 8.1.2 99, 1 , 1 *11.3, 11.4.7, 12, Date of Substantial Completion,Definition of 13:4 2, 8.1.3 ,ODn s. Day,Definition of 31'.5 3 1 2 5y 9.3.3,9.8.2 8.1.4 , o#tt�lsst 'Those Performing the Decisions of the Architect 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 4 � �Y, .3,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 J tra it ipeidO tY f C44ii Documents Decisions to Withhold Certification �.2, 2,-3r.7J, 9.4.1,9.5,9.7, 14.1.13 +b *r'sAU tw Work Defective or Nonconforming Work,Acceptance, 7 ' r` Rejection and Correction of { olitt�t Ri b' ,the Contract 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 4 9.9.3,9.10.4, 12.2.1, 13.7.1.3 ,` ub � Defective Work,Definition of � " 3 12,4: ; x' :1,5.2.3,7.3.6,9.2,9.3, 3.5.1 9.9.1, 1" .3, 11.1.3, 11.5.2 Definitions �'= Q hr's 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, , 7,10.2.6° z 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 'tr ,pervi"sfion and n Delays and Extensions of Time Piocttiit 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, 3 1 4.2.7,4.3.3,6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 &Z*,t ,7 4,7: 6,8.2 Disputes ttbilit Ins Y ,-- 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 TV, 1.F� x ;.11.3 Documents and Samples at the Site a... inatibn and Co4elation 3.11 4-11-; f.2,3„ 1 3 1, � 13,6.2.1 Drawings,Definition of Copies Furrhed Specifications 1.1.5 1.6 2.5,3.11 '7 Drawings and Specifications,Use and Ownership of Gopyn9w, 1.1.1, 1.3,2.2.5,3.11,5.3 3.1 Effective Date of Insurance �tzectro 8.2.2, 11.1.2 2 4,3 7.4,4 .1,,9 ,2,9.8.2,9.8.3,9.9.1, 12.1.2, Emergencies 12.2, 13.7.1.3 4.3.5, 10.6, 14.1.1.2 iteol�aautd Intent of the Contract Documents 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, ti of 11.1.1, 11.4.7, 14.1, 14.2.1.1 Equipment,Labor,Materials and 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 2.4,3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2, 10.3.2, 10.5, 11.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be 4 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 1%001 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, Insurance,Project Management Protective 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability 8,:2,9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 a_ Uxtensib is of Time Insurance,Property 3.2.3,4.3:1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5,11.4 9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 Insurance,Stored Materials W,v of Payment 9.3.2, 11.4.1.4 4:3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS Faulty Work 11 - e Defecti�+ or Nonctoitforming Work) Insurance Companies,Consent to Partial Occupancy ;final Complt' on and al Payment 9.9.1, 11.4.1.5 x.2.1,4.2.9,E 2,9.11 „910, 11.1.2, 11.1.3, 11.4.1, Insurance Companies,Settlement with 11.4 5 12�53' ,J17,141 14.4.3 11.4.10 tlnctal gen�tsr Owner's Intent of the Contract Documents 1 13�",t -I.Is 1.2.1,4.2.7,4.2.12,4.2.13,7.4 and stied '.rao Interest ve 4 13.6 Po ",VI® Interpretation en 1.2.3,1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4 els ' g Interpretations,Written 4.2.11,4.2.12,4.3.6 A Joinder and Consolidation of Claims Required E d tad 4.6.4 k 4 �0 , 1 Judgment on Final Award ott;#i tiQ4Vf-Coutt*' Uments 4.6.6 5 Labor and Materials,Equipment a,deotd4ubn o * oYttc end Suppliers 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, k 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Opt on;. ” 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 � P 1>tl; 10 3140.5, 11.4.1.2, 11.4.7 Labor Disputes Ilt an SerW gttired of the Owner 8.3.1 3.Z4,,�1U- x:10,4. 3,6.1.3, Laws and Regulations 6.2.5;;"x,9:A, :6 4, 10.3.3, 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, s ,� 50, 13.5.2, 14 1 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, urn tk�rson rty 13.5.2, 13.6, 14 d Liens p . 2.1.2,4.4.8,8.2.2,9.3.3,9.10 1 F X7.1,4.2.2Vt s ,9.8.2, Limitation on Consolidation or Joinder 4.6.4 ctions to Bidders Limitations,Statutes of 4.6.3, 12.2.6, 13.7 InstructiongtWthe Limitations of Liability k .r 32 :33.1,3.8.1,4.29, 8.2.2, 13.5.2 2.3,3.2.1, 3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18, surancFe, 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4, 8.1,6�- 1, 73-6,&2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 .5 11 Limitations of Time rance,Boller and,Machinery 2.1.2,2.2,2.4,3.2.1,3.7.3,3.109 3.11,3.12.5,3.15.1, 11.4.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, Cnitaractor's Liability 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, �i ve Date of 13.7, 14 Loss of Use Insurance of Use 11.43 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 11.2 Materials,Hazardous 10.2.4, 10.3, 10.5 AIA Document A201 TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1 8120 0 4 under Order No.1 0001 1 7582-1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) r..� r.r✓ Materials,Labor,Equipment and 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 1.1.3, 1.1.6, 1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 3:.15>1,42.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9 1:3,19:10.2, 10.2.1, 10.2.4, 14.2.1.2 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10, Means,Methods,Techniques,Sequences and 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Procedures of Construction Owner's Financial Capability 3-3.1,3.12.10,4.2.2,4.2.7,9.4.2 2.2.1, 13.2.2, 14.1.1.5 Mechanic's Lien Owner's Liability Insurance 4.4.8 11.2 Mediation Owner's Loss of Use Insurance 4',4.1,4.4.5,+;6,4.4-S 4.6.1,4.6.2,8.3.1, 10.5 11.4.3 minor Cho in t#( Vb rk Owner's Relationship with Subcontractors x.1.1 3.l24$-1X2- .8,4� .1,7.4 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 IJSCEI O�,. ,n�' SIONS Owner's Right to Carry Out the Work . 2.4,12.2.4.14.2.2.2 Mcdtficatll Dtn Owner's Right to Clean Up i $-.�T.1 �. � ,' 6.3 s Owner's Right to Perform Construction and to 1 11 11 3 � X3.2.1,5.2.3,7,8.3.1, Award Separate Contracts 1 1� ,_ f, 6.1 9 Re �>< K , Owner's Right to Stop the Work i 2.3 ong �, nce of Owner's Right to Suspend the Work ,. 6 9.3;1 w; 14.3 istl+p o on and Correction of Owner's Right to Terminate the Contract `3, , 1 4 -`9„5, 9.8.2,9.9.3,9.10.4, 14.2 12.E 1, 11 Ownership and Use of Drawings,Specifications Nc r and Other Instruments of Service 2 � 3 �3 7.2,3.7.4,3.12.9,4.3, LLI,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 �, 5 21��, �7 9.10, 10.2.2, 11.1.3, Partial Occupancy or Use 14t >C,�2 � i2 5.1, 13 5.2, 14.1, 14.2 9.6.6,9.9, 11.4.1.5 own Patching,Cutting and 4,33-11N, "T 3 12 ``.8,4.6.5, 3.14,6.25 9 1 10 2 2 3, 11.4.6, Patents 3.17 mo o " Ctspxons Payment,Applications for � 4 2 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, T d k � 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.43 Payment,Certificates for hermits,F66 and 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, .7,3, 3 7r--A 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observation ion « Payment,Failure of .. 1 54'3.2,3.7.3,43.4'- " 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Occup Payment,Final 2.2,9 �, 1 .5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, �ers 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 1,2.3,3: ,4:3.,6,7,�.f3.2.2, 11.4.9, 12.1, 12.2, Payment Bond,Performance Bond and 13.5.2, 14.3.1 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 . Payments,Progress 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 � viifn of PAYMENTS AND COMPLETION 9 �xtion and Services Required of the Payments to Subcontractors 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 11.4.8, 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 14.2.1.2 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 PCB Owner's Authority 10.3.1 AIA Document A201 Tm—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) "rr+' Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 Architect P-Oti,Fees and Notices 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 2.2 2r 3;t 3.13,7.3.6.4, 10.2.2 Review of Shop Drawings,Product Data and MRSONS AND PROPERTY,PROTECTION Samples by Contractor OF 3.12 10' Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 1B.3.1 12.2.2, 12.2.4, 13.4, 14 Product Datai,.Defimtott3f Royalties,Patents and Copyrights 3.12.2 3.17 Product lAA-**d fifes,Shop Drawings Rules and Notices for Arbitration 3:11 31i� . 4.6.2 Pi+(gres ��o, n Safety of Persons and Property 42-2 1,1 .4 10.2,10.6 Piro Safety Precautions and Programs 66, 14.2.3 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.6 Praj 1 f Samples,Definition of l lid 3.12.3 Liability Samples,Shop Drawings,Product Data and 3.11,3.12,4.2.7 Samples at the Site,Documents and Prxjject M ob 3.11 1.1.E Schedule of Values 1'r s 7 9.2,9.3.1 2. Schedules, Prc 1.4.1.2,3.10,3.Constructionl2.1,3.12.2,4.3.7.2, 4 2; �. 6.1.3 '{ Separate Contracts and Contractors 1 - 4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, P NS OPERTY 11.4.7, 12.1.2, 12.2.5 P g � a Shop Drawings,Definition of Rau ws 3.12.1 �0,3. . ;4.4.8,4.6, Shop Drawings,Product Data and Samples 9 �' �� 1U, 13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 Site,Use of Red rk x 3.13,6.1.1,6.2.1 Site Inspections ices an° Vaivet 'of Liens 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, 13.5 94 � Site Visits,Architect's Representa 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 15j"3.5.1, 3.12.6,' ".3,9.4.2,9.5.1, Special Inspections and Testing a.8. 9 4.2.6, 12.2.1, 13.5 ; prese �� >, Specifications,Definition of the 21.1,3 1 � � .2.1,4.2.10,5.1.1,5.1.2, 1.1.6 Specifications,The Resolution of Claims and Disputes 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6,3.11,3.12.10,3.17 4A$w4" Statute of Limitations R Those Performing the Work 4.6.3, 12.2.6, 13.7 3 `4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Stopping the Work 1 2.3,4.3.6,9.7, 10.3, 14.1 R Stored Materials 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Review of Contract Documents and Field Subcontractor,Definition of Conditions by Contractor 5.1.1 1.5.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document A201 TM—1997.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 000117582—I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 5 TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT 8,12,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 14 `946.7 Tests and Inspections SuhcotYtactual Relations 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 5. ,5.4,9.3.1.2,9.6,9.10 10.2.1,11.4.7,11.4.8,14.1, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 " 14.2.1-4 14.3.2 TIME Submittals 8 1.6,3.10,3.11,3.12, 2x7,5.2.1,5.2.3,7.3.6,9.2, Time,Delays and Extensions of 9.3,9.8,9.9.1,9.102�, .3, 11.1.3 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, « ttbrogatio '33'aiveli 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 : 1 �4.7 Time Limits Stitbstanti ji1�p1 :; 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 42.9,8.11 #4 13, 9.8,9.9.1,9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3,7.4, h1,0.4.2,,, 13,E < 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, Substaq*�& ft,Dom_ion of 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 9 .1 13.7, 14 o w lt " Time Limits on Claims 5.23 I4' 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 subsut Oon p'f ht�`,. Title to Work 1 9.3.2,9.3.3 tttuttf UNCOVERING AND CORRECTION OF 3 WORK Sub-subcdl* a 12 za 0.2 "` Uncovering of Work `ubstif� _Conk 12.1 = 4.3' Unforeseen Conditions ran sib 4.3.4,8.3.1, 10.3 13 Unit Prices 4.3.9,7.3.3.2 g= Use of Documents ' bn on P 1.1.1, 1.6,2.2.5,3.12.6,5.3 ''`` 3.3 2 4 6.1.3, Use of Site x.2:4 �.,A,7�,6,g: ,"8.3.1,9 , 14 3.13,6.1.1,6.2.1 Surety Values,Schedule of ° x1.75.4. 2 .10.3, 14.2.2 9.2,9.3.1 3 � seft �� ° Waiver of Claims by the Architect 9.10 '� 13.4.2 � ilve} Waiver of Claims by the Contractor x 4.3.10,9.10.5, 11.4.7, 13.4.2 Vision the 11Convenience Waiver of Claims by the Owner 14.4 4.3.10,9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, Su ►sion of the "� 12.2.2.1, 13.4.2, 14.2.4 Waiver of Consequential Damages ` p tion of the Contract 4.3.10,14.2.4 s ensl +1�3p6,5 4 1� 4 Waiver of Liens T es 9.10.2,9.10.4 4- 3.6,3.8.2.1,7.3.6.4 Waivers of Subrogation Lqb ,he Contractor 6.1.1, 11.4.5, 11.4.7 ;_. � � �» � Warranty he Owner for Cause 3.5,4.2.9,43.5.3,9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2, n 4.3 .2 13.7.1.3 Architect Weather Delays 4.1.3 4.3.7.2 Termination of the Contractor Work,Definition of 14.2.2 1.1.3 Written Consent AIA Document A201 TM—1997.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. $ Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) ,e 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 9.8.51 9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, : � terpretations 12.2.2, 12.2.4, 133, 14 4;1 i 1i4_-.12,4.3.6 Written Orders W3f :1\iotice 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 a.. SYY:. x, 5: , �k y Y tr aYC AIA Document A201 TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and international Treaties. 9 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) `Wr'` ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS 1.11 To CONTRACT DOCUMENTS ' f'ta b D ntract Documents consist of the Agreement between Owner and Contractor(hereinafter the Agreement), 106 ttions 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 t? txtion 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 .i1 e Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include other suments sttcli as bide requirements(advertisement or invitation to bid,Instructions to Bidders,sample forms, "Contractot's bid ot"portions of Addenda relating to bidding requirements). 4h 11.2 THI TR.Q1 �t Contct Docortp the Contract for Construction.The Contract represents the entire and integrated Aeemosit, *e arUCi hereto and supersedes prior negotiations,representations or agreements,either written fended or modified only by a Modification.The Contract Documents shall not(pwstrp relationship of any kind(1)between the Architect and Contractor,(2)between the wu, 'i S a oSub-subcontractor,(3)between the Owner and Architect or(4)between any persons or, .othea �i t�dt 'r and Contractor.The Architect shall,however,be entitled to performance and end er the Contract intended to facilitate performance of the Architect's duties. � fi11 "r; k ` eriYtorl .' s tt truction and services required by the Contract Documents,whether completed or `- Cialty chin N s all other labor,materials,equipment and services provided or to be provided by �ttracttt � u ntractor's obligations.The Work may constitute the whole or a part of the Project. Th ts ataL� t tion of which the Work performed under the Contract Documents may be the whole I " wh ` ride construction by the Owner or by separate contractors. . D1 ,- ng c and piaouxalgtl portions of the Contract Documents showing the design,location and 0 ' �tensions:bf� genera 9f, plans,elevations,sections,details,schedules and diagrams. . '' g P �1 L69 NS 1Ii` at'"� rtion of the Contract Documents consisting of the written requirements for materials, It sy ;standards-op # rkmanship for the Work,and performance of related services. n�� L Pro ect Manua volume'assembled for the Work which may include the bidding requirements,sample Y� g �l � p Conditions 9 � pct and Specifications. MY, §1 ;ORRELATIO "s 'tF THE CONTRACT DOCUMENTS < 1.11 Tla the itffact Documents is to include all items necessary for the proper execution and mpletibal by the Contractor.The Contract Documents are complementary,and what is required by { �t -shall beE s if required by all;performance by the Contractor shall be required only to the extent a3 Insistent with ""''act Documents and reasonably inferable from them as being necessary to produce the indicated results. O[gttnion of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not �Gtlttctor in dividing the Work among Subcontractors or in establishing the extent of Work to be k X trade. §1.2.3 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937 1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties. 0 Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5110/2005,and is not for resale. User Notes: (3552668520) **spool fir++ §1.3 CAPITALIZATION §1.11 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles of0iialbered articles or(3)the titles of other documents published by the American Institute of Architects. 1-A-V RPRETATION ,1.In the interest of brevity the Contract Documents frequently omit modifying words such as"all" and"any" 1;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. „ 4 EXECUTION OF 1 RACT DOCUMENTS .1 The 0tttract 0 ptients shall be signed by the Owner and Contractor.If either the Owner or Contractor or do not sign all the 6,retract Documents,the Architect shall identify such unsigned Documents upon request. X4.2 E .._h of�ntract by the Contractor is a representation that the Contractor has visited the site, § �� hme" ly r local conditions under which the Work is to be performed and correlated personal ry �vttliietic of the Contract Documents. SI1 r RAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1 z D s, tions and other documents,including those in electronic form,prepared by the A��an, consultants are Instruments of Service through which the Work to be executed by the o> cctor may retain one record set.Neither the Contractor nor any Subcontractor, uipment supplier shall own or claim a copyright in the Drawings,Specifications a the Architect or the Architect's consultants,and unless otherwise indicated the ltttect Md ultants shall be deemed the authors of them and will retain all common law, wit an hts,in addition to the copyrights.All copies of Instruments of Service,except the of 's rec 1 eturned or suitably accounted for to the Architect,on request,upon completion of o". 4 e "s, cations and other documents prepared by the Architect and the Architect's =furnished to the Contractor,are for use solely with respect to this Project.They are n by r or any Subcontractor,Sub-subcontractor or material or equipment supplier on other s Project outside the scope of the Work without the specific written consent of the hite�l " d41 titect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material rithorize,",.ise and reproduce applicable portions of the Drawings,Specifications and doeni try thee and the Architect's consultants appropriate to and for use in the u f tir _"oi1C under tom, ct Documents.All copies made under this authorization shall bear the sfatut ,if at ` vn on the Drawings,Specifications and other documents prepared by the test tec#I 'consultants. Submittal or distribution to meet official regulatory requirements or for hoses [,M nnectton' �Project is not to be construed as publication in derogation of the Architect's or �nsultants,� ti5ther reserved rights. OLD bWNER � NERJ - § The batter" entity identified as such in the Agreement and is referred to throughout the Cct Documen an number.The Owner shall designate in writing a representative who shall have xpress bi tli 'wrier with respect to all matters requiring the Owner's approval or authorization. kept a1f ovided in Section 4.2.1,the Architect does not have such authority.The term"Owner" means Owners x 's authorized representative. §2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information levant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights. Such Q include a correct statement of the record legal title to the property on which the Project is located, as the site,and the Owner's interest therein. _ N AND SERVICES REQUIRED OF THE OWNER §2.2.1 The Owner shall,at the written request of the Contractor,prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.Furnishing of such evidence shall be a condition precedent to commencement or AIA Document A201 Tm—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA!Document,or any portion of 1%may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520) continuation of the Work.After such evidence has been furnished,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. kept for permits and fees,including those required under Section 3.7.1,which are the responsibility of the Confetor under the Contract Documents,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. §2.2.3 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the.Project,an .a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished b #ie Owner but shall exercise proper precautions relating to the safe performance of the Work. 22.4 Infttiatfon c ces required of the Owner by the Contract Documents shall be furnished by the Owner with reasoMwe prOti� �ny other information or services relevant to the Contractor's performance of the Work under*.-00n'Ws 1 shall be furnished by the Owner after receipt from the Contractor of a written tquesi foC Witch kiservices. 2 � mess ed in the Contract Documents,the Contractor will be furnished,free of charge,such ccoe"'f-"Dt 4r4gs t Manuals as are reasonably necessary for execution of the Work. , tVVI!�I �lt � E WORK If 0 111Co,400 i f rrect Work which is not in accordance with the requirements of the Contract & umenfs-as, t n 12.2 or persistently fails to carry out Work in accordance with the Contract ° octtlttirtrts,tom' sue a written order to the Contractor to stop the Work,or any portion thereof,until the us e °t uch orb nated;however,the right of the Owner to stop the Work shall not give rise to a � lu exercise this right for the benefit of the Contractor or any other person or entity, exctrt etit r� Section 6.1.3. "'2A fl I0'&f401t�t'ARRY OUT THE WORK .Z4�, Coxltp is or neglects to carry out the Work in accordance with the Contract Documents and fls'tilfn " afte of written notice from the Owner to commence and continue correction ch daf ith �"d promptness,the Owner may after such seven-day period give the ntra s-second written n "ect such deficiencies within a three-day period.If the Contractor within y such thito, ` r,>< uch second notice fails to commence and continue to correct any deficiencies, Ih wit p ,<dice to other remedies the Owner may have,correct such deficiencies.In such case an a� Chne'Order s deducting from payments then or thereafter due the Contractor the " eapst of correc '"„" cies,including Owner's expenses and compensation for the Architect's es t*e n y such default,neglect or failure. Such action by the Owner and amounts d to the Contractor are both subject to prior approval of the Architect.If payments then or thereafter due the � tor afe not sttqr over such amounts,the Contractor shall pay the difference to the Owner. a Y, 1 < ARRE 3 CONTRA , / 3 f GEC! k3.1.1 is the person or entity identified as such in the Agreement and is referred to throughout the tract if singular in number.The term"Contractor"means the Contractor or the Contractor's "rized r= ,ve. X1.2 f� utr#ctor shall perform the Work in accordance with the Contract Documents. � ctor shall not be relieved of obligations to perform the Work in accordance with the Contract C by activities or duties of the Architect in the Architect's adinistration of the Contract,or by tests, m atprovals required or performed by persons other than the Contractor. §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §3.2.1 Since the Contract Documents are complementary,before starting each portion of the Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 'err✓ w.rr+° Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. I bese obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,any errors,inconsistencies or otissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. §3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and as a licensed designprofessional unless otherwise specifically provided in the Contract Documents.The "Contractor is not required-to ascertain that the Contract Documents are in accordance with applicable laws,statutes, :ordinances,building cod S,and rules and regulations,but any nonconformity discovered by or made known to the Contractor shall be repoftd promptly to the Architect. If the,ContrvAorbelt s that additional cost or time is involved because of clarifications or instructions ,sstzed by the Archit ,in nse to the Contractor's notices or requests for information pursuant to Sections 3.2.1 0d 311x21 the Cotit—tW, or I j a Claims as provided in Sections 4.3.6 and 4.3.7.If the Contractor fails to � erfOratrAW Wons ons 3.2.1 and 3.2.2,the Contractor shall pay such costs and damages to the Owner as 4ottld ham b� 'avioidO Contractor had performed such obligations.The Contractor shall not be liable to the Qfte br Architoct fOrAoftes resulting from errors,inconsistencies or omissions in the Contract Documents or ftl ,d"tM reztttw� urements or conditions and the Contract Documents unless the Contractor tgltizelsttch inro cy,omission or difference and knowingly failed to report it to the Architect. SUMV18101 WAND, UCTION PROCEDURES CDnl ecta ,* rvise and direct the Work,using the Contractor's best skill and attention.The a ,. 0tal or=shall be,,sok%es ible for and have control over construction means,methods,techniques,sequences and priowd'tires odfbr c 'ng all portions of the Work under the Contract,unless the Contract Documents Z give othtri-specii a ins trnf concerning these matters.If the Contract Documents give specific instructions con rnttt nst etfon t s,methods,techniques,sequences or procedures,the Contractor shall evaluate the k,A ttt safary theMff,ands=except as stated below,shall be fully and solely responsible for the jobsite safety of such trs4-nthads,tetwlrnigerequences or procedures.If the Contractor determines that such means,methods, �#"ues,segn ar*edure, - of be safe,the Contractor shall give timely written notice to the Owner k ;Architt t gul; shall.adi pros at portion of the Work without further written instructions from the Mom If the Contractor is led to proceed with the required means,methods,techniques,sequences or `toct;�vA#rout"tanee" . `ges proposed by the Contractor,the Owner shall be solely responsible for any G`. meting Ittor dame. W. 3:2MW Contractor sha - " to the Owner for acts and on of the Contractor's employees, �tbcaxrtr4f6tE and their a` ployees,and other persons or entities performing portions of the Work for or soli half of the Contractor or any of its Subcontractors. §3.3.3 The Contractor nsible for inspection of portions of Work already performed to determine that sudk ortions are in proper n to receive subsequent Work. .4 LAF3ORAN19MATERIALS x;4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, fit ferials,equipment, tools,construction equipment and machinery, water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent qd whether or not incorporated or to be incorporated in the Work. � .2The C ontactor may make substitutions only with the consent of the Owner,after evaluation by the Architect aorltnee with a Change Order. §3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA'Document is protected by U.S.Copyright law and International Treaties. �3 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1 000117582—I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) NOW ,,0,; §3.5 WARRANTY §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the 1�"will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Wclrk�Kfl be free from defects not inherent in the quality required or permitted,and that the Work will conform to thd.r4uirements of the Contract Documents.Work not conforming to these requirements,including substitutions' npL properly approved and authorized,may be considered defective. The Contractor's warranty excludes remedy for ,age or defect caused by abuse, modifications not executed by the Contractor,improper or insufficient ti 4iiahitenance,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. 36 TAXES The 430" actor sh U pay sales,consumer,use and similar taxes for the Work provided by the Contractor ftch are I en4ftd,when bids are received or negotiations concluded, whether or not yet effective or merely ch�duled5�q ggp;.nt�:�f#'ec�. P�I Falb 1+ �.CES 71 otlii �et� d in the Contract Documents,the Contractor shall secure and pay for the building th ttt vernmental fees,licenses and inspections necessary or proper execution and � H, 4 0 ork are customarily secured after execution of the Contract and which are legally rr d or negotiations concluded. `T tr Xll ly with and give notices required by laws,ordinances,rules,regulations and lawful s p p�ilicit*ifies:; � able to performance of the Work. is Citt+ds responsibility to ascertain that the Contract Documents are in accordance with �p ws, ',orditit ces,building codes,and rules and regulations.However,if the Contractor observes o ritruments are at variance therewith,the Contractor shall promptly notify the Architect ittl! min v tug.,a t 1A=, ssary changes shall be accomplished by appropriate Modification. AR COO 'Wrp6tforms Work knowing it to be contrary to laws,statutes,ordinances,building codes,and gultttto4.s < io such notice to the Architect and Owner,the Contractor shall assume appropriate �bllit ;sS and shalklru the costs attributable to correction. A 8. all ind the Contract Sum all allowances stated in the Contract Documents.Items 4 sh��e supplied for such amounts and by such persons or entities as the Owner may direct, igtraft�3S all not b�: to employ persons or entities to whom the Contractor has reasonable k T 5 Unless otherwise provided in the Contract Documents: 1 allow�Wover the cost to the Contractor of materials and equipment delivered at the site and Il t .,",iess applicable trade discounts; .2 Contract#I r unloading and handling at the site, labor,installation costs,overhead,profit and o"expehses contemplated for stated allowance amounts shall be included in the Contract Sum but he allowances; 3r costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly <' e Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section ry y .2.2. { end equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay V.. §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor.Important AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15-08:04 on 08118/2004 under Order No.1 0001 1 7582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) *ftve -,,,rr communications shall be confirmed in writing.Other communications shall be similarly confirmed on written request in each case. . ONTRACTOR'S CONSTRUCTION SCHEDULES f §X, th Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits cutf"under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the W6rk and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. A 3;10.2 Th�utractor All prepare and keep current,for the Architect's approval,a schedule of submittals which coordina nth tlt tractor's construction schedule and allows the Architect reasonable time to review sttbmittals:�' fi3 0.3 x tro r shall, erform the Work in general accordance with the most recent schedules submitted to D' AT THE SITE 3 toy aintain at the site for the Owner one record copy of the Drawings,Specifications, other Modifications,in good order and marked currently to record field changes and s _I (strgoon,and one record copy of approved Shop Drawings,Product Data, Samples and 14 r r S.TW shall be available to the Architect and shall be delivered to the Architect for �Ytut e uhpletion of the Work. OP I DUCT DATA AND SAMPLES 3 r dr4vdngs,diagrams,schedules and other data specially prepared for the Work by the o a b-subcontractor,manufacturer,supplier or distributor to illustrate some portion of � ttueY,h U 4 e ustrations,standard schedules,performance charts,instructions,brochures,diagrams and n fumvibedb y the Contractor to illustrate materials or equipment for some portion of the Work. mn,, .3 S �iical e ch illustrate materials,equipment or workmanship and establish tdd � h die Work , Jodged. Product Data,Samples and similar submittals are not Contract Documents.The purpose of tai cfemons,44WA$"4We portions of the Work for which submittals are required by the Contract p sway by wlth etor proposes to conform to the information given and the design concept tyre on#ct "review by the Architect is subject to the limitations of Section 4.2.7. x wlatton' submit' Is upon which the Architect is not expected to take responsive action may be so identified in _< trac uittals which are not required by the Contract Documents may be returned by the Architect ut� .,;. �3.1�.5 for shaft review for compliance with the Contract Documents,approve and submit to the chitec gs,Product Data,Samples and similar submittals required by the Contract Documents with 1onabl and in such sequence as to cause no delay in the Work or in the activities of the Owner or of ipirate cori abmittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. < a e' ng and submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor Contractor has determined and verified materials,field measurements and field construction •reto,or will do so,and has checked and coordinated the information contained within such ifa4 a requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. AIA Document A201 TM—1997.Copyright B 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) ' *mole 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of 3t "nsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Mnwtngs.Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued iii zing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop brawings,Product Data,Samples or similar submittals by the Architect's approval thereof. 3;12.9 The ContractcW all direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, ttples or sititflar sub Is,to revisions other than those requested by the Architect on previous submittals.In the ia5ence of sth-wrttt� ce the Architect's approval of a resubmission shall not apply to such revisions. '1*12.10 TbifV-ontrA 'ball not be required to provide professional services which constitute the practice of rchitectt r en g Mess such services are specifically required by the Contract Documents for a portion of i s World les'0610 ,or needs to provide such services in order to carry out the Contractor's 3wpo s fa tes ,`' means,methods,techniques,sequences and procedures.The Contractor shall not be q�f ►ro� �fo d fig services in violation of applicable law.If professional design services or cents s' 'ssional related to systems,materials or equipment are specifically required of the Cold cuments,the Owner and the Architect will specify all performance and design criteria z 1e Contractor shall cause such services or certifications to be provided by a y d r nal,whose signature and seal shall appear on all drawings,calculations, t p Drawings and other submittals prepared by such professional.Shop Drawings attd other tlbmfi r e Work designed or certified by such professional,if prepared by others,shall bear chimes ' 's roval when submitted to the Architect.The Owner and the Architect shall be entitled net the :lacy and completeness of the services,certifications or approvals performed by such desl sI x °o"0 a Owner and Architect have specified to the Contractor all performance and design c hoorsatisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other p;nate bmittals only for the limited purpose of checking for conformance with information awe nttpt expressed in the Contract Documents.The Contractor shall not be responsible for the itgttf the pedor design criteria required by the Contract Documents. . 3 USBOA cio shall c , tions at the site to areas permitted by law,ordinances,permits and the r,. £ ntf�tcshall n�¢ asonably encumber the site with materials or equipment. 77 i ��PATC; K.§3 tractors le for cutting,fitting or patching required to complete the Work or to make a er,#We : The,,, damage or endanger a portion of the Work or fully or partially completed construction th ' a ` ate contractors by cutting,patching or otherwise altering such construction,or by excft#nation.The Col 'bt cut or otherwise alter such construction by the Owner or a separate contractor except coitset of the Owner and of such separate contractor;such consent shall not be unreasonably Withheld or shall not unreasonably withhold from the Owner or a separate contractor the Contractor's sent to' erwise altering the Work. §3.15 CLEANING UP , ractor shall keep the premises and surrounding area free from accumulation of waste materials or operations under the Contract.At completion of the Work,the Contractor shall remove from and waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. AIA Document A201 Tm—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties. 16 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 1r►' °rr/ §3.16 ACCESS TO WORK §3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress whewtw located. 0" :17 ROYALTIES,PATENTS AND COPYRIGHTS §;3.17.1 The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for <1[nfii'ngement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account th roof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations ;. are=contained* Drawtt Specifications or other documents prepared by the Owner or Architect.However,if the Contractor has reason'td� t4lieve that the required design,process or product is an infringement of a copyright or a patent,the Cktittactot be responsible for such loss unless such information is promptly furnished to the Architect. "3r181NIIIIfPIC1 8181 TO ft- f4 tied by law and to the extent claims,damages,losses or expenses are not covered by Pr4t•18rt ve Liability insurance purchased by the Contractor in accordance with Section 11.3, ahe Cxltfor d hold harmless the Owner,Architect,Architect's consultants,and agents and l of,' , and a g ainst claims,damages,losses and expenses,including but not limited to atliy 'f ,lslrl or resulting from performance of the Work,provided that such claim,damage,loss or a, z ,u _ _,... is tale jury,sickness,disease or death,or to injury to or destruction of tangible property ', thanW• j, my to the extent caused by the negligent acts or omissions of the Contractor,a ntr� t, '' ' indirectly employed by them or anyone for whose acts they may be liable, b*ardless, ft claim,damage,loss or expense is caused in part by a party indemnified hereunder. IrowgatCt *lia nstrued to negate,abridge,or reduce other rights or obligations of indemnity which ` �wotld:trerwrse aty or person described in this Section 3.18. s xnFclalrl t1g rson or entity indemnified under this Section 3.18 by an employee of the Contractor, a Ilntror tly or indirectly employed by them or anyone for whose acts they may be liable,the x „ ��\ rtai�il:1ni11c�Itlorr 'under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, 040mation or ble by or for the Contractor or a Subcontractor under workers'compensation acts, d1b�llty berg i empl nefit acts. �WICl„E-4 =NrMATION .r NTRACT l X4.1 A.1 Thee F" rson lawfully licensed to practice architecture or an entity lawfully practicing 4, art�re tdhr�ed as su cement and is referred to throughout the Contract Documents as if singular x- rrurnber. term"Ar e Architect or the Architect's authorized representative. 2 Duties,respoitstbilrties and limitations of authority of the Architect as set forth in the Contract Documents f not be restric or extended without written consent of the Owner,Contractor and Architect. ° Consent shall,not withheld. r 4.1.3 If a Architect is terminated,the Owner shall employ a new Architect against whom the �4 � z .Jtgntractot 0,10 nable objection and whose status under the Contract Documents shall be that of the former chitect. MINr•,..• §4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2,1 The Architect will provide administration of the Contract as described in the Contract Documents,and will be t ratter -m' entative(1)during construction,(2)until final payment is due and(3)with the Owner's cxr reur=,ce. 'M time to time during the one-year period for correction of Work described in Section 12.2.The � � to w 1li4ve authority to act on behalf of the Owner only to the extent provided in the Contract Documents, Mess otherwis0"modified in writing in accordance with other provisions of the Contract. §4.2.2 The Architect,as a representative of the Owner,will visit the site at intervals appropriate to the stage of the Contractor's operations(1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA"Document is protected by U.S.Copyright Law and international Treaties. 17 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001 1 7582_1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520) Iftwo, *MOO, deficiencies in the Work,and(3)to determine in general if the Work 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 wired to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. 'the APctect will neither have control over or charge of,nor be responsible 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,except as provided in Secfion 3.3.1. §;4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the Mquirements of the Cdittt act Documents.The Architect will not have control over or charge of and will not be t sponsible folt acts orp nissions of the Contractor,Subcontractors,or their agents or employees,or any other t`Sons or entitles petng portions of the Work. §42.4 C© ttutticattdtts.Fnacilitating Contract Administration. Except as otherwise provided in the Contract D.6cumeotta who t communications have been specially authorized,the Owner and Contractor shall< eavarm>tii; te wit -tach other through the Architect about matters arising out of or relating to the ntr� m olt ?b ltrid with the Architect's consultants shall be through the Architect.Communications by� S cti =.ate material suppliers shall be through the Contractor.Communications by and with o tr t tt t to sbW# s through the Owner. ", asvtt thl7tect' valuations of the Contractor's Applications for Payment,the Architect will review f: b"k, an fi Ge,tho I ontractor and will issue Certificates for Payment in such amounts. 6 Th&,"Aid' w��-Authority to reject Work that does not conform to the Contract Documents.Whenever tectcttsi„ ssary or advisable,the Architect will have authority to require inspection or testing of �e acc $ lions 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or uot owe aeiJ tl ° s authority of the Architect nor a decision made in good faith either to exercise or ,nom-wise Ai AtOM i y all give rise to a duty or responsibility of the Architect to the Contractor, S10��tQxs equipment suppliers,their agents or employees,or other persons or entities performing Di ofthe a - `"1C he AM l'View and >x�ve or take other appropriate action upon the Contractor's submittals such Fu loop Dra1v� }Da maples,but only for the limited purpose of checking for conformance with t�srl tli�n"givert and'the desi i `, t expressed in the Contract Documents.The Architect's action will be taken vt�tth SIX*�� >pmptnes cause no delay in the Work or in the activities of the Owner,Contractor or c owing sufficient time in the Architect's professional judgment to permit adequate for :Rtrview t such sub r tit conducted for the purpose of determining the accuracy and completeness of the 4�s lr as dim itities,or for substantiating instructions for installation or performance of uip ir3's"te - 116 ain the responsibility of the Contractor as required by the Contract u Dents.The Arc �tect's review of the Contractor's submittals shall not relieve the Contractor of the obligations - ectiotrs 3.3,.3 The Architect's review shall not constitute approval of safety precautions or,unless otherwise specific Architect,of any construction means,methods,techniques,sequences or I f"`a o a prolures.The Arc specific item shall not indicate approval of an assembly of which the item is a component. , ;2.8 The Archrt tl prepare Change Orders and Construction Change Directives,and may authorize minor dhanges in itie Wtrovided in Section 7.4. k The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date £ f5 c ( ts3n, will receive and forward to the Owner,for the Owner's review and records,written warranties ff 1 1t Abwi' ents required by the Contract and assembled by the Contractor,and will issue a final Certificate upon compliance with the requirements of the Contract Documents. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and international Treaties. 18 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is riot for resale. User Notes: (3552668520) vftsol N400 §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 Noade in writing within any time limits agreed upon or otherwise with reasonable promptness.If no AV is made concerning the time within which interpretations required of the Architect shall be furnished in >= vo,*bee with this Section 4.2,then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. ' §'42,12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings.When making such interpretations initial decisions the Architect will endeavor to secure faithful performance by both Owner and Contractor,will ;,xtat;show pality to 0,ft r and will not be liable for results of interpretations or decisions so rendered in good faith. 4 .13 ThtMrchiteWs.t visions on matters relating to aesthetic effect will be final if consistent with the intent [j ressed°i,ft ConU*btbocuments. 3 ok.,*Clapu n demand or assertion by one of the parties seeking,as a matter of right,adjustment or teri c�llniracll "t5,payment of money,extension of time or other relief with respect to the terms of the Ca q*�-Cl r also includes other disputes and matters in question between the Owner and Contractor =:. P q am st a Contract.Claims must be initiated by written notice.The responsibility to 4000' a Mst mitt the party making the Claim. "401 1 t "Clai °Claims by either party must be initiated within 21 days after occurrence of the event - ng rises ithin 21 days after the claimant first recognizes the condition giving rise to the Claim, Cltttst be initiated by written notice to the Architect and the other party. � 4 uing. t a 'ormance. Pending final resolution of a Claim except as otherwise agreed in writing nor (1ecttttt SAT,1 and Article 14,the Contractor shall proceed diligently with performance of the t T�"',"'he C* to"shill continue to make payments in accordance with the Contract Documents. =ms for Co tlror Unknown Conditions.If conditions are encountered at the site which are(1) orteealed t?4 al conditions which differ materially from those indicated in the Contract ments�= � zi►n phystions of an unusual nature,which differ materially from-those ordinarily d Viand generally re inherent in construction activities of the character provided for in the i5n t notit #fie observing party shall be given to the other party promptly before conditions a url � itt td` ve V ater than 21 days after fast observance of the conditions.The Architect will promptly sul tiditions anal, ,differ materially and cause an increase or decrease in the Contractor's cost uued for,py part of the Work,will recommend an equitable adjustment in the Coct fh.If the Architect determines that the conditions at the site are not materially nt' ro those Indicated in the Contract Documents and that no change in the terms of the Contract is justified, " teq,",hall s,,,,, Owner and Contractor in writing,stating the reasons.Claims by either party in opposition toittch `: must be made within 21 days after the Architect has given notice of the decision.If the itditions encoa At s�lerially different,the Contract Sum and Contract Time shall be equitably adjusted, ut if"th Contractor cannot agree on an adjustment in the Contract Sum or Contract Time,the g �°erred to the Architect for initial determination,subject to further proceedings pursuant to tion 4 4-,;-,, §4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, ° Wasprovided herein shall be given before proceeding to execute the Work. Prior notice is not required to an emergency endangering life or property arising under Section 10.6. actor believes additional cost is involved for reasons including but not li mited to(1)a written the Architect,(2)an order by the Owner to stop the Work where the Contractor was not at fault, (3)a written order for a minor change in the Work issued by the Architect,(4)failure of payment by the Owner,(5) termination of the Contract by the Owner, (6)Owner's suspension or(7)other reasonable grounds,Claim shall be filed in accordance with this Section 4.3. AIA Document A201 Tm—1997.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and international Treaties. 19 Unauthorized reproduction or distribution of this AIO Document,or any portion of It may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 000117582—1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) Iftwe *000F §4.3.7 Claims for Additional Time §4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided e a shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on pro of the Work.In the case of a continuing delay only one Claim is necessary. §4,3.7.2,If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by4ata substantiating that weather conditions were abnormal for the period of time,could not have been reasonably tit€ticipated and had an adverse effect on the scheduled construction. 3.8 Injury,or Damara to Person or Property. If either party to the Contract suffers injury or damage to person or t'erh'bed of af(ltdor omission of the other party,or of others for whose acts such party is legally ponsibl%'Mien nt dmbf such injury or damage, whether or not insured,shall be given to the other party within it reasonah tWe noto ding 21 days after discovery.The notice shall provide sufficient detail to enable the other Pte'to itlte#lam ittttter. ' 3 91 h �t �In the Contract Documents or subsequently agreed upon,and if quantifies originally Mite arm n ged in a proposed Change Order or Construction Change Directive so that 31jplbf t o quantities of Work proposed will cause substantial inequity to the Owner or Cohtt� ts ic prices shall be equitably adjusted. s. C r; eu*Damages. The Contractor and Owner waive Claims against each other for u is1 t of or relating to this Contract.This mutual waiver includes: by the Owner for rental expenses,for losses of use,income,profit,financing, ss tation,and for loss of management or employee productivity or of the services of eh ►d dapis i ;by the Contractor for principal office expenses including the compensation of drtel _ there, for losses of financing,business and reputation,and for loss of profit apt ad profit arising directly from the Work. ; cable,without limitation,to all consequential damages due to either party's termination Nothin contained in this Section 4.3.10 shall be deemed to preclude an award of P � [ 1dt 1 � I%tten a ,in accordance with the requirements of the Contract Documents. R �• ?�)O��LAIMS r ES 4 h ittect. ,'including those alleging an error or omission by the Architect but excluding s° ont40.3 through 10.5,shall be referred initially to the Architect for decision.An initial the=Atehitect std ;�'m ed as a condition precedent to mediation,arbitration or litigation of all the Con tt r arising prior to the date final payment is due,unless 30 days have passed r s b� ref Architect with no decision having been rendered by the Architect.The fect wt not decide disputesetween the Contractor and persons or entities other than the Owner. §4.4.2 The hit �� .claims and within ten days of the receipt of the Claim take one or more of the foxing actions: (f) onal supporting data from the claimant or a response with supporting data from s?a he other rgJect aim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) vise the Architect is unable to resolve the Claim if the Architect lacks sufficient information to ? uate a Claim or if the Architect concludes that,in the Architect's sole discretion,it would be �ppropriate'11 Architect to resolve the Claim. � � 4tittg Claims,the Architect may,but shall not be obligated to,consult with or seek information from t in persons with special knowledge or expertise who may assist the Architect in rendering a y - hitect may request the Owner to authorize retention of such persons at the Owner's expense. NO itect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request,and shall either provide a response on the requested supporting data,advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Architect will either reject or approve the Claim in whole or in part. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A10 Document Is protected by U.S.Copyright Law and International Treaties. .20 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15.08:04 on 08/18/2004 under Order No.1000117582—1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §4.4.5 The Architect will approve or reject Claims by written decision,which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both.The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. §4.4,6 When a written decision of the Architect states that(1)the decision is final but subject to mediation and arbitt,tion and(2)a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision,then failure to demand arbitration within said 30 days'peopd shall result in the Architect's decision becoming final and binding upon the Owner and Contractor.Wihe ArchAsa renders a decision after arbitration proceedings have been initiated,such decision may be entered as'evidence;blit shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. §4.4.7 Upmlfteipit a 4,C,lai against the Contractor or at any time thereafter,the Architect or the Owner may,but is trot obliga ti to ;"*,t °'" rely,if any,of the nature and amount of the Claim.If the Claim relates to a possibzl<tty-o ff a C ork ault,the Architect or the Owner may,but is not obligated to,notify the surety and request f rei$ s '{ resolving the controversy. 1 4 AM the subject of a mechanic's lien,the party asserting such Claim may proceed in acx`dande 'p to comply with the lien notice or filing deadlines prior to resolution of the Claim by A them hit or b arbitration. M �y 1 .1 And C sub ' " or related to the Contract,except Claims relating to aesthetic effect and except those wait/ ns pr d tuns 4.3.10,9.10.4 and 9.10.5 shall,after initial decision by the Architect or 30 days after stil'itiussron r the Architect,be subject to mediation as a condition precedent to arbitration or the insttutton:cf 1 ui roceedings by either party. §4iheIrtte � i€Ivor to resolve their Claims by mediation which,unless the parties mutually agree k p< ctlte +�;.shafdance with the Construction Industry Mediation Rules of the American Arbitration Aodatltm currpW for mediation shall be filed in writing with the other party to the Contract abitVith the tion tion.The request may be made concurrently with the filing of a demand ft =t3rrbitrattt� ii,-even shall proceed in advance of arbitration or legal or equitable proceedings, �ictts #} e steed pending for a period of 60 days from the date of filing,unless stayed for a longer period,"by t e p ourt order. 54:5 TU- ,parfib# all sh or's fee and any filing fees equally.The mediation shall be held in the place w h -th - act is loca r location is mutually agreed upon.Agreements reached in mediation shall heenf6rceab soOkmetC in any court having jurisdiction thereof. a 4 ;ARBITRATION;u °.n §4.6.1 Any i('latm related to the Contract,except Claims relating to aesthetic effect and except those wai e+etd as provided 4.3.10,9.10.4 and 9.10.5,shall,after decision by the Architect or 30 days after subnussiorta ft larm to the Architect,be subject to arbitration.Prior to arbitration,the parties shall endeavor to ` 'tesolve as, iation in accordance with the provisions of Section 4.5. M §`4:6.2 Claims-Adi, ed by mediation shall be decided by arbitration which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Assoctaoon� ntly in effect.The demand for arbitration shall be filed in writing with the other p arty to the i anct� the American Arbitration Association,and a copy shall be filed with the Architect. '� - 4:0 A det "�for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as # s atCatle other cases within a reasonable time after the Claim has arisen,and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Section 13.7. AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be 21 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520) N%NW' y §4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner,the Architect,the Architect's employees or consultants,except n;hrynti consent containing specific reference to the Agreement and signed by the Architect,Owner,Contractor :ltd atty"father person or entity sought to be joined.No arbitration shall include,by consolidation or joinder or in any �Dthermarmer,parties other than the Owner,Contractor,a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to bo accorded in arbitration.No person or entity other than the Owner,Contractor or a separate contractor as ilebed in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibil' , is insubstantial.Consent to arbitration involving an additional person or entity shall not Cpnstitute consent to a0O ation of a Claim not described therein or with a person or entity not named or described did. in.The��going"q ement to arbitrate and other agreements to arbitrate with an additional person or entity duty consentod.to by dios to the Agreement shall be specifically enforceable under applicable law in any court ':hoing judMidtion tb06%f 4:G.5 G and y Assertion of Claims. The party filing a notice of demand for arbitration must assert in the d Land MIIO��to that party on which arbitration is permitted to be demanded. °4.63e ind. The award rendered by the arbitrator or arbitrators shall be final,and judgment may� lkt r iI:460,wrdance with applicable law in any court having jurisdiction thereof. �h v �n or entity who has a direct contract with the Contractor to perform a portion of the i rk at tl stfi AM toMt1 ontractor"is referred to throughout the Contract Documents as if singular in ttmEt tld tarts 4 Tractor or an authorized representative of the Subcontractor.The term"Subcontractor" " loe tt5� ude coo#actor or subcontractors of a separate contractor. §5b- n �a person or entity who has a direct or indirect contract with a Subcontractor to pew iont "" tk at the site.The term"Sub-subcontractor" is referred to throughout the Contract qCtrM19*1as if tt arin number and means a Sub-subcontractor or an authorized representative of the Sub- h ,st�ib �[f»tor., 1`AWAI `RAC HER CONTRACTS FOR PORTIONS OF THE WORK .1 r'rwise stated tract Documents or the bidding requirements,the Contractor,as soon as practice the shall furnish in writing to the Owner through the Architect the names of Mans o ttdiil those who are to furnish materials or equipment fabricated to a special design) " p1F[1 er e�principal a Work.The Architect will promptly reply to the Contractor in writing static „ or not the chitect,after due investigation,has reasonable objection to any such Napo 9041 or qty. , e Owner or Architect to reply promptly shall constitute notice of no finable objection. xs §5.2.2 The ntra `' tract with a proposed person or entity to whom the Owner or Architect has made reaSt,gable and timef `' ,. a Contractor shall not be required to contract with anyone to whom the me Contracts reasbYtnlile objection. � 5-2.3 If thy' ""Architect has reasonable objection to a person or entity proposed by the Contractor,the contractor s, 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 itl xr nsed,,ol decreased by the difference,if any,occasioned by such change,and an appropriate Change Order 4. ore commencement of the substitute Subcontractor's Work.However,no increase in the Contract x f ime shall be allowed for such change unless the Contractor has acted promptly and responsively ; t es as required. §5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1956,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 22 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) Nfte **4011 §5.3 SUBCONTRACTUAL RELATIONS §5.3.1 By appropriate agreement,written where legally required for validity,the Contractor shall require each } b oltttt ctor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by � r tf"the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, "tiioluding-the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents, x assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the ,a nd Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor . 4hht 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 Contiactor,by the Contract Documents,has against the Owner.Where appropriate,the tttractor shall requimeac It Subcontractor to enter into similar agreements with Sub-subcontractors.The tractor 00 make aviailable to each proposed Subcontractor,prior to the execution of the subcontract agreement, 0, 10ies of tltd,(tXti moments to which the Subcontractor will be bound,and,upon written request of the S.Ubcontr4e�'t�� tlenitlY40,the Subcontractor terms and conditions of the proposed subcontract agreement which may Y at vadA with ntmpt Documents.Subcontractors will similarly make copies of applicable portions of d le to their respective proposed Sub-subcontractors. MAPP11 GOt +MMT OF SUBCONTRACTS s a tA*do ttent for a portion of the Work is assigned by the Contractor to the Owner provided 1F' Mt is el�tive only after termination of the Contract by the Owner for cause pursuant to -5ed*"14.2 add my for those subcontract agreements which the Owner accepts by notifying the St (tracr.t Contractor in writing;and *ftm ect to the prior rights of the surety,if any,obligated under bond relating to the t ntract 50 s4 "" gttnit if the Work has been suspended for more than 30 days,the Subcontractor's " n St o p tly adjusted for increases in cost resulting from the suspension. N BY OWNER OR BY SEPARATE CONTRACTORS s R'S RIQtiT TO _ERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS es the right,tapuform construction or operations related to the Project with the Owner's uw forced; separatcs"c+tIts in connection with other portions of the Project or other construction or ratiSle site under Cantle f the Contract identical or substantially similar to these including those it rtiol ,", nuice andwgiver of subrogation.If the Contractor claims that delay or additional cost is Yed action by the Owner,the Contractor shall make such Claim as provided in Section 4.3. 5 z v �q arate contc a "d` ed for different portions of the Project or other construction or operations m Contractor"ink Contract Documents in each case shall mean the Contractor who executes separate Owner=Contractor Agreement. §6.1.3 The fetter l��e fear coordination of the activities of the Owner's own forces and of each separate ca�actor with the W=ork.of the Contractor, who shall cooperate with them.The Contractor shall participate with ther se actors and the Owner in reviewing their construction schedules when directed to do so.The ntract any revisions to the construction schedule deemed necessary after a joint review and mutual `j .dement;,• ction schedules shall then constitute the schedules to be used by the Contractor,separate tractors after until subsequently revised. 1 rwise provided in the Contract Documents, when the Owner performs construction or operations ect with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations me rights which apply to the Contractor under the Conditions of the Contract,including, without stated in Article 3, this Article 6 and Articles 10, 11 and 12. §6.2 MUTUAL RESPONSIBILITY §6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be 23 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001 1 7582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) *ftwl *4000, 6.2.2,1f part of the Contractor's Work depends for proper execution or results upon construction or operations by tfiC), nt or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly tprt (a the Architect apparent discrepancies or defects in such other construction that would render it unsuitable Car StRAtproper execution and results.Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the factor's Work,except as to defects not then reasonably discoverable. §4,2.3 The Owner shall,be reimbursed by the Contractor for costs incurred by the Owner which are payable to a i Parate contactor bec,40ke of delays,improperly timed activities or defective construction of the Contractor.The Owner shaltbeirespon4o to the Contractor for costs incurred by the Contractor because of delays,improperly tad activttl i dam gs fti:the Work or defective construction of a separate contractor. 6: 4 The; actor ill promptly remedy damage wrongfully caused by the Contractor to completed or partially :*pleto, Or tp roperty of the Owner or separate contractors as provided in Section 10.2.5. Ys:2 a ate contractor shall have the same responsibilities for cutting and patching as are its 1i trat3r ection 3.14. �E HT", AN UP a, e o e Contractor,separate contractors and the Owner as to the responsibility under �s c 0 taining the premises and surrounding area free from waste materials and rubbish, wil�Cty € atArchitect will allocate the cost among those responsible. .. .. T# 7 . , G ORK 7* '" a 9 be accomplished after execution of the Contract,and without invalidating the c e � struction Change Directive or order for a minor change in the Work,subject to the liptei �i �1e 7 and elsewhere in the Contract Documents. h� Ot1e based upon agreement among the Owner,Contractor and Architect;a Construction lr Y eemertp"e Owner and Architect and may or may not be agreed to by the �zactorittnor the Work may be issued by the Architect alone. shperformed under applicable provisions of the Contract Documents,and the aiatrctd'' 'Y ptirxtptly,unless otherwise provided in the Change Order,Construction Change Directive A a i"change, M . f A Gunge Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and stag t upon all of the following: 1 h ; 2 the a" ljustment,if any,in the Contract Sum;and e adjustment,if any,in the Contract Time. sctent oil` I .2 Me*, ii71t determining adjustments to the Contract Sum may include those listed in Section 7.3.3. §7.3 CONSTRUCTION CHANGE DIRECTIVES .A A tion Change Directive is a written order prepared by the Architect and signed by the Owner and 9 y` a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract g g P gr J Y Y e Owner may by Construction Change Directive,without invalidating the Contract,order changes A n the general scope of the Contract consisting of additions,deletions or other revisions,the ' t�41 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. AIA Document A201 n"—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA* Document is protected by U.S.Copyright Law and International Treaties. 24 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001 1 7582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) 14111111001 NW11 §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: 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 7.3.6. 3.4 Upowroceipt of a_,Construction Change Directive,the Contractor shall promptly proceed with the change in VVork involved and *se the Architect of the Contractor's agreement or disagreement with the method,if any, pC ^ ided in f € ons�r Change Directive for determining the proposed adjustment in the Contract Sum or C60tract Time. "1:3.5 A u pirective signed by the Contractor indicates the agreement of the Contractor them witi; tutu s in Contract Sum and Contract Time or the method for determining them.Such sgteemo*" tll ediately and shall be recorded as a Change Order. k -tbe t t respond promptly or disagrees with the method for adjustment in the Contract Sum, the d q t shall be determined by the Architect on the basis of reasonable expenditures and of` ork attributable to the change,including,in case of an increase in the Contract Sttdt, r t l verhead and profit.In such case,and also under Section 7.3.3.3,the Contractor k� 1 rm as the Architect may prescribe,an itemized accounting together with Aroprtats ess otherwise provided in the Contract Documents,costs for the purposes of this &cttoft 7.3. i' a, o the following: A c� " r ' uding social security,old age and unemployment insurance,fringe benefits ent or custom,and workers' compensation insurance; supplies and equipment,including cost of transportation,whether incorporated or co 3' f machinery and equipment,exclusive of hand tools,whether rented from the Contractor 4 ums f9xqJ and insurance,permit fees,and sales,use or similar taxes related to d ntltttirial costs V lion and field office personnel directly attributable to the change. fl.3.7 Thee b be allowed by the Contractor to the Owner for a deletion or change which results in a ne iitontrac actual net cost as confirmed by the Architect.When both additions and crediiftscam",' related 'ons are involved in a change, the allowance for overhead and profit shall bee figtfi ,tb f if any,with respect to that change. 7"�3 Pen fi on of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for c rk shall be included in Applications for Payment accompanied by a Change Or4t "indicating the ent with part or all of such costs.For any portion of such cost that remains in dispute t#gp� -t wt e an interim determination for purposes of monthly certification for payment for those fists T� on of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the rato f et sagree and assert a claim in accordance with Article 4. §7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the a ua4a Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such q`' effective immediately and shall be recorded by preparation and execution of an appropriate Sew GES IN THE WORK §7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly. AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA! Document is protected by U.S.Copyright Law and international Treaties. 25 Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/1012005,and is not for resale. User Notes: (3552668520) 144 ARTICLE 8 TIME .'1 WNITIONS x:81,1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in die Contract Documents for Substantial Completion of the Work. The date of commencement of the Work is the date established in the Agreement. §8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. j}.SA.4 The tern,"day"O used in the Contract Documents shall mean calendar day unless otherwise specifically defined. '1,81 PROOR S ANDCIIPLETION -8 .1 T�llrttits& ink Contract Documents are of the essence of the Contract.By executing the Agreement the'Con'tUtor coif lftth41 Contract Time is a reasonable period for performing the Work. .2 o� Ao knowingly,except by agreement or instruction of the Owner in writing,prematurely co o ns�� to or elsewhere prior to the effective date of insurance required by Article 11 to be q fttMAW by dW 'bn* td Owner.The date of commencement of the Work shall not be changed by the 1 d 'Inc JJnless the date of commencement is established by the Contract Documents or a ADU toed `" " er,the Contractor shall notify the Owner in writing not less than five days or attt alieorencing the Work to permit the timely filing of mortgages,mechanic's liens and �A other security tittts 8e Contra peed expeditiously with adequate forces and shall achieve Substantial Completion Wl#jp NQ- S OF TIME W y Csttd . delayed at any time in the commencement or progress of the Work by an act or neglect of tht a "t or Arc 1 at1 employee of either,or of a separate contractor employed by the Owner,or by order or by isputes,fire,unusual delay in deliveries,unavoidable casualties or other 3r ttes be7nd tor's by delay authorized by the Owner pending mediation and arbitration,or fiotl whici'the Arc , nes may justify delay,then the Contract Time shall be extended by ChangeO deli f t" pnabla ft�e as the Architect may determine. h §3g2ims tla16ig to ti Made in accordance with applicable provisions of Section 4.3. 1.3. "Ifs �lbn d ide recovery of damages for delay by either party under other provisions of ntract Documents. ARTICLE 9 YM LETION §9,1-CONTRACT SU 9.1.1 The. Sum i stated in the Agreement and,including authorized adjustments,is the total amount ` yable 8te > :to the Contractor for performance of the Work under the Contract Documents. 8 2 SCHEDlil §9.2.1 Before the first Application for Payment,the Contractor shall submit to the Architect a schedule of values all�.,to �t gtqus portions of the Work,prepared in such form and supported by such data to substantiate its a 'y : Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for teitti[ ntractor's Applications for Payment. 011o YB JVS FOR PAYMENT §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to AIA Document A201 T"'—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties. 26 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/1012005,and is not for resale. User Notes: (3552668520) 'f./ *4001* payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers,and reflecting retainage if provided for in the Contract Documents. x1:341.1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. t&3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. it .2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and tipmentdelilrered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance b the OwAl,paymofttrttay similarly be made for materials and equipment suitably stored off the site at a location A t l gmed a snio wrl*i ,Payment for materials and equipment stored on or off the site shall be conditioned upon t tplil t( by the ntractor,'with procedures satisfactory to the Owner to establish the Owner's title to such die d,ecini menu or,oth e protect the Owner's interest,and shall include the costs of applicable suMt*, torap artd trvotiation to the site for such materials and equipment stored off the site. e �ictot ± tts that title to all Work covered by an Application for Payment will pass to the Owner -th yme nt,The Contractor further warrants that upon submittal of an Application for ent1 �ork�rs�clificates for Payment have been previously issued and payments received from the r � 1er to of -0 knowledge,information and belief,be free and clear of liens,claims, ZA my ilttirrestsS(fit eneFttt i[ aces in favor of the Contractor,Subcontractors,material suppliers,or other persons or ' son of havin g P rovided labor,materials and equipment retthe Wotimmakin a claim t atin rk. 9 CA�1abR P M "`, i re�tect ;- wl fin seven days after receipt of the Contractor's Application for Payment,either issue to a C tai or Payment,with a copy to the Contractor,for such amount as the Architect determines ` k uea or/Rotify the Contractor and Owner in writing of the Architect's reasons for withholding ,ugn in whole;or.itt part as provided in Section 9.5.1. 2 The lssutnta ifn Certtfic ment will constitute a representation by the Architect to the Owner, Architect's evaluat `i Work and the data comprising the Application for Payment,that the Work A t indicated,And that,to the best of the Architect's knowledge,information and belief,the oN ork i "in aeordance with the Contract Documents.The foregoing representations are subject to an n of the Work for"' P400 with the Contract Documents upon Substantial Completion,to results of u r and insp tOns,t tion of minor deviations from the Contract Documents prior to completion qual flOatiotts by the Architect.The issuance of a Certificate for Payment will further s ute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance ficate for will not be a representation that the Architect has(1)made exhaustive or continuous on- srte inspectl to o �y or quantity of the Work,(2)reviewed construction means, methods,techniques, see ' ces or procedutiei. t-Wed copies of requisitions received from Subcontractors and material suppliers d 0 co _A Bested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to i ertairt)-o''Vor for what purpose the Contractor has used money previously paid on account of the Contract Sum. � DECISION$' 0V ' IHOLD CERTIFICATION §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot _ Architect is unable to certify payment in the amount of the Application,the Architect will notify the Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to :, 1+ [entations 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; AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 27 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582-1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) •*r✓ .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; ;3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; +4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 " epersisteiit.failure to carry out the Work in accordance with the Contract Documents. i.2 Wheit,abo ons for withholding certification are removed,certification will be made for amounts �viously yKneldx . Y P�_� T " 1 t issued a Certificate for Payment,the Owner shall make payment in the manner and tir ��e tied *Contract Documents,and shall so notify the Architect. 9 C� ors mptly pay each Subcontractor,upon receipt of payment from the Owner,out of the on account of such Subcontractor's portion of the Work,the amount to which said a g percentages actually retained from payments to the Contractor on account of on@M e Work.The Contractor shall,by appropriate agreement with each Subcontractor, re t 9 ' e payments to Sub-subcontractors in a similar manner. e ecak OW 01equest,furnish to a Subcontractor,if practicable,information regarding percentages of r an ' iefl r by the Contractor and action taken thereon by the Architect and Owner on oiltle one by such Subcontractor. �h. �x th i i Architect shall have an obligation to pay or to see to the payment of money to a ^5 Ex ao k r�,J4AU: lay otherwise be required by law. f� #ei�ililupplie treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and F .6. t r axm --ogress payment,or partial or entire use or occupancy of the Project by the s 410 te-tceptance of Work not in accordance with the Contract Documents. x Contra Owner with a payment bond in the full penal sum of the Contract Sum, Work properly performed by Subcontractors and suppliers shall be held by fi ntractor for those Subcontractors or suppliers who performed Work or furnished materials,or both, under wi die which payment was made by the Owner.Nothing contained herein shall require money to b& z cefl, ccount and not commingled with money of the Contractor,shall create any fi ry liability or the part of the Contractor for breach of trust or shall entitle any person or entity an`aw ve dntages against the Contractor for breach of the requirements of this provision. Ms FAIL NT = ` 1 If the° 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 " A3 �te established in the Contract Documents the amount certified by the Architect or awarded by Y die Contractor may,upon seven additional days' written notice to the Owner and Architect, stop the R nt of the amount owing has been received.The Contract Time shall be extended appropriately and shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and hest as provided for in the Contract Documents. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 28 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §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 i u iutly complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Wit 1"fctt its intended use. §9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept Wp ly,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. §;98.3 Uponteipt c Contractor's list,the Architect will make an inspection to determine whether the Work or de.Gignated Con tt4f'3s substantially complete.If the Architect's inspection discloses any item,whether or not included oit�_ o °s list,which is not sufficiently complete in accordance with the Contract Documents so that the O Ite",a or utilize the Work or designated portion thereof for its intended use,the Contractor shall,bed hertificate of Substantial Completion,complete or correct such item upon notification bg?,the r c� he Contractor shall then submit a request for another inspection by the Architect to derIis lon. 9n r nated portion thereof is substantially complete,the Architect will prepare a (iftt pletion which shall establish the date of Substantial Completion,shall establish tom„ bil Contractor for security, maintenance,heat,utilities,damage to the Work and 'thin which the Contractor shall finish all items on the list accompanying the 1rlio y the Contract Documents shall commence on the date of Substantial Completion 0 M GVoit o 4' n thereof unless otherwise provided in the Certificate of Substantial Completion. 9$ tCerit b tial Completion shall be submitted to the Owner and Contractor for their written 11tcc tl; "' `igned to them in such Certificate.Upon such acceptance and consent of surety,if and ent of retainage applying to such Work or designated portion thereof.Such payment ed t is incomplete or not in accordance with the requirements of the Contract Documents. R USE py or ompleted or partially completed portion of the Work at any stage when t; t portity se ement with the Contractor,provided such occupancy or use is consented by aired unt n 1 1.4.1.5 and authorized by public authorities having jurisdiction over the Mork ancy y commence whether or not the portion is substantially complete,provided _ � n orwe accepted in writing the responsibilities assigned to each of them for payments, i if "urity, heat,utilities,damage to the Work and insurance,and have agreed in wnfi g the vn of the Work and commencement of warranties required by the Contract I�ut ; , o ders a portion substantially complete,the Contractor shall prepare and t a 1is�[o the Adhitect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use %W*t be urea " Id.The stage of the progress of the Work shall be determined by written agreement between thee�m or,if no agreement is reached,by decision of the Architect. a All 9.93 14 nor fti' itch partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect the area or portion of the Work to be used in order to determine and record the condition of the dark §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not ciEtltttk ce of Work not complying with the requirements of the Contract Documents. LETION AND FINAL PAYMENT ipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in AIA Document A201 TM—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document Is protected by U.S.Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be 29 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) *4xpe 1'ar00 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 live 000 fulfilled. §1AAINtither 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 toxremain in force after final payment is currently in effect and will not be canceled or allowed tci>expire until, least 36,kdays'prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of ttt,-,i6bstantial reason that the insurance will not be renewable to cover the period required by the Contract cum {4)consent of surety,if any,to final payment and(5),if required by the Owner,other data es blishiu iient r,s tiisfaction of obligations,such as receipts,releases and waivers of liens,claims,security "filtdrests 0000m i0'arising out of the Contract,to the extent and in such form as may be designated by the D finer.04,," bc rises to furnish a release or waiver required by the Owner,the Contractor may furnish a bond siadrylltto indemnify the Owner against such lien.If such lien remains unsatisfied after p yiild for shall refund to the Owner all money that the Owner may be compelled to pay in disc sUch fib all costs and reasonable attorneys' fees. § f;ai1�$ completion of the Work,final completion thereof is materially delayed through no fault ttllL1n1r o of Change Orders affecting final completion,and the Architect so confirms,the sktpo do the Contractor and certification by the Architect,and without terminating the jade " tt lance due for that portion of the Work fully completed and accepted.If the haimng al r full y completed or corrected is less than retainage stipulated in the Contract J)oc0)*Uts,Mt4 t;I been furnished,the written consent of surety to payment of the balance due for that I � ) ae o led and accepted shall be submitted by the Contractor to the Architect prior to i e t �it nf "W "ch payment shall be made under terms and conditions governing final payment, ex it sltitot (te a waiver of claims. §. iitaft4i0invil payment shall constitute a waiver of Claims by the Owner except those arising from: :1' l is,s ecurity interests or encumbrances arising out of the Contract and unsettled; .2 " i#111 Work y with the requirements of the Contract Documents;or cial equired by the Contract Documents. alp K y the Contractor,a Subcontractor or material supplier shall constitute a ��of pie except those previously made in writing and identified by that payee as unsettled at tlt oe of fin " icatio t. ARTIC �� T ON S AND PROPERTY § 0A SAF� PREC JTIONS A "PROGRAMS The,Contr responsible for initiating,maintaining and supervising all safety precautions and programs in, e, rformance of the Contract. §10.2 S RHOS AID PROPERTY "10.21 r shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent d nor loss to: 1 r s 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 under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- ontractors;and er property at the site or adjacent thereto,such as trees,shrubs,lawns, walks,pavements, dways,structures and utilities not designated for removal,relocation or replacement in the course " onstruction. §10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. AIA Document A201 TM—1997.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 30 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1 0001175821 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) fir/ `orr✓` §10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 1,01.4 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 Wrvision of properly qualified personnel. X0.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property Insurance required by trite 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 Co ritraCiOl,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed :any of tEtem,or by 4gyone for whose acts they may be liable and for which the Contractor is responsible under eCtions lU.2vl 2 and lt :1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or a tone direr or iod,4-Wry employed by either of them,or by anyone for whose acts either of them may be liable, not atVibt#tab1e"V"tt>e fatrii or negligence of the Contractor.The foregoing obligations of the Contractor are in tditicut t the Ct3lttrt tor'a ligations under Section 3.18. Mir, '-signate a responsible member of the Contractor's organization at the site whose duty shad l e pro.eation o ents.This person shall be the Contractor's superintendent unless otherwise by-ft CorvVWO r in writing to the Owner and Architect. {� T-bo'Contmaorshalli'JIM,oad or permit any part of the construction or site to be loaded so as to endanger its x 0 MA :`5 seas onabV Vo a will be inadequate to prevent foreseeable bodily injury or death to persons s td Waum�#fftrial orsulliiltance,including but not limited to asbestos or polychlorinated biphenyl(PCB), � en mWW on.the sits;bye Contractor,the Contractor shall,upon recognizing the condition,immediately stop � g Wi3 iliftaffeco4armarld,report the condition to the Owner and Architect in writing. a r *Wlfie Owner.shallvbtain the services of a licensed laboratory to verify the presence or absence of the material " i +rexi� t�Contr ,in the event such material or substance is found to be present,to verify titit has ibaw--rte"harmle otherwise required by the Contract Documents,the Owner shall furnish in t�n� Contractor and names and qualifications of persons or entities who are to perform tests �; erify�; ,r- o "absences` ch material or substance or who are to perform the task of removal or safe x rnmeti� agtrttatet�tal or substance.The Contractor and the Architect will promptly reply to the Owner in r W, �O Ming' Whether or note reasonable objection to the persons or entities proposed by the Owner.If ifl factor or bjection to a person or entity proposed by the Owner,the Owner shall �pase1 .to Whom tit "' " r and the Architect have no reasonable objection.When the material or nce has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner itracttarr.Thq�� }me shall be extended appropriately and the Contract Sum shall be increased in the '' amount of tCo �t' = + able additional costs of shut down,delay and start-up, which adjustments shall be acctplished as prov�:tti Ai�+ e 7. 0.3.3 Tva extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, ' contra ,tlfx`tgct, Architect's consultants and agents and employees of any of them from and against eaims,dama gi&-f,&... "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 g4j4escoribod in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage, loss or ., sbSttable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property z ark itself)and provided that such damage,loss or expense is not due to the sole negligence of a $ k Indemnity. §10.4 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. AIA Document A201 TM—1997.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 31 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) *400e *4001 §10.5 If, without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the ,VA , all indemnify the Contractor for all cost and expense thereby incurred. Q—', 1C1�b:LM RGENCIES �J 1D.6.1 1n an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's &tlttstion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by ••Iltbntractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. , ICLE 11 IJVSURANCS ND BONDS ii.1 CONT ,TCR%,`_ ILITY INSURANCE .1.1 Thee Cdittracit l purchase from and maintain in a company or companies lawfully authorized to do t{ ness in tifie Juris4ktion-in which the Project is located such insurance as will protect the Contractor from claims orth W-( t± vh 1t +arise out of or result from the Contractor's operations under the Contract and for which Cont ;It1lgally.liable, whether such operations be by the Contractor or by a Subcontractor or by ottlyployed by any of them,or by anyone for whose acts any of them may be liable: r tndkers' compensation,disability benefit and other similar employee benefit acts which Ii the Work to be performed; i > s ft ges because of bodily injury,occupational sickness or disease,or death of the ttrt;� t►ployees; 3";; 1 hba4s because of bodily injury,sickness or disease,or death of any person other than ih Ito ployees; _= csl Ow for `'s insured by usual personal injury liability coverage; 5 its fora• es,other than to the Work itself,because of injury to or destruction of tangible ��; pet filing loss of use resulting therefrom; :, cleat s because of bodily injury,death of a person or property damage arising out of x � i�hfpx_ nance or use of a motor vehicle; 7. cns injury or property damage arising out of completed operations;and • �3>: - clait3 at vt T tt9 contractual liability insurance applicable to the Contractor's obligations under die 4010 oqwired by Seri€ 11.1.1 shall be written for not less than limits of liability specified in the act D� uired whichever coverage is greater. Coverages,whether written on an x c c -made bas a maintained without interruption from date of commencement of the Work �. til tom; " ttt and`tertgnation of any coverage required to be maintained after final payment. tr 111( teS of insu ble to the Owner shall be filed with the Owner prior to commencement of certtfica ance policies required by this Section 11.1 shall contain a provision that er 6d ttter sa 'will not be canceled or allowed to expire until at least 30 days' prior written has been given to the Owner.If any of the foregoing insurance coverages are required to remain in force after mpoymeul and a% available,an additional certificate evidencing continuation of such coverage shall be submittedl, lion for Payment as required by Section 9.10.2.Information concerning reduction of rage on accoaltrt t 4imits or claims paid under the General Aggregate,or both,shall be furnished by e&ntrft aso;i promptness in accordance with the Contractor's information and belief. .2 OWN S JTY INSURANCE q x.2.1 The Owt =" `11 be responsible for purchasing and maintaining the Owner's usual liability insurance. P QJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE ,the Owner may require the Contractor to purchase and maintain Project Management Protective 14- from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and `ous liability for construction operations under the Contract.Unless otherwise required by the ] ctt1 'nts,the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage,and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner.The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Sections 11.1.1.2 through 11.1.1.5. AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA$Document is protected by U.S.Copyright Law and International Treaties. 32 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/1812004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) `44pe §11.3.2 To the extent damages are covered by Project Management Protective Liability insurance,the Owner, 001040 W and Architect waive all rights against each other for damages,except such rights as they may have to the pro eeds of such insurance.The policy shall provide for such waivers of subrogation by endorsement or otherwise. .i 1,13,The Owner shall not require the Contractor to include the Owner,Architect or other persons or entities as Adfi€nal insureds on the Contractor's Liability Insurance coverage under Section 11.1. 1,1.4 PROPERTY INSURANCE .4.1 Unless otheris rovided,the Owner shall purchase and maintain,in a company or companies lawfully orized kt1 i bustle the jurisdiction in which the Project is located,property insurance written on a builder's r9s "all-risi , fi>equtepolicy form in the amount of the initial Contract Sum,plus value of subsequent Contract littficatipid c� } taterials supplied or installed by others,comprising total value for the entire Project at the sib on a axis without optional deductibles. Such property insurance shall be maintained,unless Iftrwi " e ,'`Cract Documents or otherwise agreed in writing by all persons and entities who are tefi ro until final payment has been made as provided in Section 9.10 or until no person or amity an insurable interest in the property required by this Section 11.4 to be covered, 1i 1 ts. ce shall include interests of the Owner,the Contractor,Subcontractors and Sub- 1611 'orb be on an"all-risk"or equivalent policy form and shall include,without limitation, 4,00lic s s (with extended coverage)and physical loss or damage including,without 1 c alism, malicious mischief,collapse,earthquake,flood,windstorm,falsework, ng an ildings and debris removal including demolition occasioned by enforcement of any asp e 1 sand shall cover reasonable compensation for Architect's and Contractor's services �ds r re of such insured loss. §1i intend to purchase such property insurance required by the Contract and with all of 4 in escri bed above,the Owner shall so inform the Contractor in writing prior to " Y#1e irk.The Contractor may then effect insurance which will protect the interests of the 'd Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof az r.If the, a tractor is damaged by the failure or neglect of the Owner to purchase or tain°iti`` nbed vtthout so notifying the Contractor in writing,then the Owner shall bear all owl . rode"rly attri 4hereto. 3 iance requires deductibles,the Owner shall pay costs not covered because of such n4 � 1.4g � ms cover portions of the Work stored off the site,and also portions of the Work sit. §11.4.1.5 Pl in accordance with Section 9.9 shall not commence until the insurance company or,dtpanies provi surance have consented to such partial occupancy or use by endorsement or therwi. er and Contractor shall take reasonable steps to obtain consent of the insurance company or � P mP Y mpante ithout mutual written consent,take no action with respect to partial occupancy or use that mould causes,; ,lapse or reduction of insurance. §11.4.2 Boiler and Machinery Insurance.The Owner shall purchase and maintain boiler and machinery insurance ntract Documents or by law, which shall specifically cover such insured objects during til final acceptance by the Owner;this insurance shall include interests of the Owner,Contractor, d Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. e Insurance.The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all rights of action against the Contractor for loss of use of the Owner's property,including consequential losses due to fire or other hazards however caused. AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this AIA*'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible,include such insumM and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11,4414f 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 prmarty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section I IA.7 for damages caused by fire or other causes of loss covered by this separate property insurance.All separate policies shallprovide thik waiver of subrogation by endorsement or otherwise. §1`1.4.6 Behorts an exptt to loss may occur,the Owner shall file with the Contractor a copy of each policy that includes ii tee co s required by this Section 11.4.Each policy shall contain all generally applicable edition _ition VXcl4ions and endorsements related to this Project. Each policy shall contain a provision that the pc �F wiles `cofteled or allowed to expire,and that its limits will not be reduced,until at least 30 days' ltr 1fttcrtotil� eilven to the Contractor. ' e1t� The Owner and Contractor waive all rights against(1)each other and any of their sultto� su tors,agents and employees,each of the other,and(2)the Architect,Architect's ctlnttltts, to ors described in Article 6,if any,and any of their subcontractors,sub-subcontractors, ttgttn A'` ttiy ages caused by fire or other causes of loss to the extent covered by property insurance oti'taWd n 11.4 or other property insurance applicable to the Work,except such rights as they liar to e held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall dire gf#ie is consultants,separate contractors described in Article 6,if any,and the sitbc ontMa(I" tors,agents and employees of any of them,by appropriate agreements,written where legailzred on waivers each in favor of other parties enumerated herein.The policies shall l pro wal �f s, on by endorsement or otherwise.A waiver of subrogation shall be effective as to a peridi tify inn t person or entity would otherwise have a duty of indemnification,contractual or ottt +� not ranee premium directly or indirectly,and whether or not the person or entity had an instilrbltier 'perty damaged. 91 low Owned' rty insurance shall be adjusted by the Owner as fiduciary and made p� ble to uci nsureds,as their interests may appear,subject to requirements of any jic � prtgee clause on 11.4.10.The Contractor shall pay Subcontractors their just shares of lnsura� r` ed b ntractor,and by appropriate agreements,written where legally required for tibtractors to make payments to their Sub-subcontractors in similar manner. 11 fed in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, �!e epei rf0 a Owner's duties.The cost of required bonds shall be charged against � ds received as iduciary. a Owner shall deposit in a separate account proceeds so received,which the � shallstri ance with such agreement as the parties in interest may reach,or in accordance with an arbitraticik=aw P ' the procedure shall be as provided in Section 4.6.If after such loss no other sptl agreement is ss the Owner terminates the Contract for convenience,replacement of damaged property, orm' y the Contractor after notification of a Change in the Work in accordance with Article §41.4.10 The"tfiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such ob txtilga ...the dispute shall be resolved as provided in Sections 4.5 and 4.6.The Owner as fiduciary shall,in 1 tion,make settlement with insurers in accordance with directions of the arbitrators.If distribution f eds by arbitration is required,the arbitrators will direct such distribution. 11 ONCE BOND AND PAYMENT BOND §11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. AIA Document A201TM—1997.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 34 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_I which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) §11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall permit a x copy to be made. ,ART101:E 12 UNCOVERING AND CORRECTION OF WORK 1.12.1 UNCOVERING OF WORK 2�1,! If a portion of the Work is covered contrary to the Architect's request or to requirements specifically &-pressed in the Contract Documents,it must,if required in writing by the Architect,be uncovered for the 5, Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. A2.1.2 If a portion of tb,&-Work has been covered which the Architect has not specifically requested to examine ,i or to its behig"coverer the Architect may request to see such Work and it shall be uncovered by the Contractor.If &f Work-494t tc a with the Contract Documents,costs of uncovering and replacement shall,by appropriate 'tinge O i be at the Owner's expense.If such Work is not in accordance with the Contract Documents, z lmection-AMA be at"ilit ofitractor's expense unless the condition was caused by the Owner or a separate tra thicat*Owner shall be responsible for payment of such costs. =12.2 12 0 R191""00,Ate BSTANTIAL COMPLETION 11 `T�tr� prompt correct Work rejected b the Architect or failing to conform to the ��. P P Y j Y � g �treIM @�tuments,whether discovered before or after Substantial Completion and whether or ted.Costs of correcting such rejected Work,including additional testing and ctt and, runs the Architect's services and expenses made necessary thereby,shall be at the tractoes eij� e. 14 ,.PR`SU,'AOOI� MPLETION *, dd tidn the; ctor's obligations under Section 3.5,if,within one year after the date of =CorrtileUan tI ork or designated portion thereof or after the date for commencement of warranties eab3lSltpder: hl4d€ 1,or by terms of an applicable special warranty required by the Contract Documents, � rorkrtctund to be not in accordance with the requirements of the Contract Documents,the Contractor ,et it prorptly , - „ receipt of written notice from the Owner to do so unless the Owner has previously : ""CoO440wz*d0n acre f such condition.The Owner shall give such notice promptly after veryof4ec ul oA.Du ' -year period for correction of Work,if the Owner fails to notify the r trattrd glue the Contra rtunity to make the correction,the Owner waives the rights to require y' iret � t ;tittritetor e a claim for breach of warranty.If the Contractor fails to correct . :.� tifoh14" "tx+ith a reasonable time during that period after receipt of notice from the Owner or t o the Owner may c, ccordance with Section 2.4. ,.yg at M •. 2 cute-yam pen lion of Work shall be extended with respect to portions of Work first rued after Substantial Completion by the period of time between Substantial Completion and the actual nce.ef the W%%,,, §12.3 The one-yew rrection of Work shall not be extended by corrective Work performed by the oufracter_ .�t writ to this section 12.2. .2.3 The C`0#twdW shall remove from the site portions of the Work which are not in accordance with the it uirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. Tlta Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or " teed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work Ctet.Waccordance with the requirements of the Contract Documents. contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1000117582_I which expires on 5/1012005,and is not for resale. User Notes: (3552668520) v N%001' Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §?12.3 ACCEPTANCE OF NONCONFORMING WORK 1 §-12.3.41F the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum R will be`reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 ISCELI„ +I OUS PROVISIONS 4 ` 13.1 GOV ING LAW The T tract4-be governed by the law of the place where the Project is located. a `-= §11, 2 SU RCS ASSIGNS §1 21 *noran,� og#ctor respectively bind themselves,their partners,successors,assigns and legal , =,Atesoo##*taAwdt er #y hereto and to partners,successors,assigns and legal representatives of such other qty C 0-0' *n agreements and obligations contained in the Contract Documents.Except as provided r the Contract shall assign the Contract as a whole without written consent of the tw�� a �o make such an assignment without such consent,that party shall nevertheless remain 1p o`f tWgations under the Contract. �r M A2 Tul " wt ticonsent of the Contractor,assign the Contract to an institutional lender providing atn> 1i object.In such event,the lender shall assume the Owner's ri ghts and obligations g r Wer the ontl ., The Contractor shall execute all consents reasonably required to facilitate such f slg pt. . 4m, tett= 6tice il#j W-deemed to have been duly served if delivered in person to the individual or a member oaentxtr"."officer of the corporation for which it was intended,or if delivered at or sent by issr ci4nail to the last business address known to the party giving notice. ' ITS 1,2" 5 1 D ons t °' the Contract Documents and rights and remedies available thereunder I badd>tion to and not aC of duties,obligations,rights and remedies otherwise imposed or available ty Im,,. IN q actidwor failure, Owner,Architect or Contractor shall constitute a waiver of a right or duty under the 11 such action or failure to act constitute approval of or acquiescence in a :S cft*� idr,eept ifically agreed in writing. STSAND IN �5 §13 5.1 Testes 1nspSt ovals of portions of the Work required by the Contract Documents or by laws, orces,rules,re of public authorities having jurisdiction shall be made at an appropriate time. 1Jnless otVWWA$ provided,the Contractor shall make arrangements for such tests,inspections and approvals with an k"�depend�_-�'��oratory or entity acceptable to the Owner,or with the appropriate public authority,and shall all re , ot tests,inspections and approvals.The Contractor shall give the Architect timely notice of Yom,; n and wl*e�itrtd 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 which do not become requirements until after bids are � �fvstl I"1# taations concluded. . � _6 hitect,Owner or public authorities having jurisdiction determine that portions of the Work require Z. f inspection or approval not included under Section 13.5.1,the Architect will,upon written ° i the Owner, instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect 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 13.5.3,shall be at the Owner's expense. AIA Document A201*u—1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 36 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08118/2004 under Order No.1 0001 17582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) *400, §13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by sO #ilure including those of repeated procedures and compensation for the Architect's services and expenses sail the Contractor's expense. .,,13.5 4,Required certificates of testing, inspection or approval shall,unless otherwise required by the Contract dents,be secured by the Contractor and promptly delivered to the Architect. §13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,Airchitect wilI,4o so ptottlptly and,where practicable,at the normal place of testing. :14,1- .5.6 TeS nsp ofts conducted pursuant to the Contract Documents shall be made promptly to avoid tttiasonab*' ay ttt tWork. .611 61 is >j d t1 id under the Contract Documents shall bear interest from the date payment is due at 1fflvh �e t1ee upon in writing or,in the absence thereof,at the legal rate prevailing from time to eAWP ject is located. § 41 ATUTORY LIMITATION PERIOD A Witte od Contractor: �F staiitt Completion. As to acts or failures to act occurring prior to the relevant date of tiak etion,any applicable statute of limitations shall commence to run and any alleged of Mall be deemed to have accrued in any and all events not later than such date of 1s tnpletion; B "stantial Completion and Final Certificate for Payment. As to acts or failures to act g subst ;tlent to the relevant date of Substantial Completion and prior to issuance of the final fig payment,any applicable statute of limitations shall commence to run and an y alleged c n shall be deemed to have accrued in any and all events not later than the date of e final Certificate for Payment;and makerrtificate for Payment. As to acts or failures to act occurring after the relevant date of final Create for Payment,any applicable statute of limitations shall commence to y allegtlf action shall be deemed to have accrued in any and all events not later E the date of spy-, `failure to act by the Contractor pursuant to any Warranty provided under br ;5,the d#166,bf an y correction of the Work or failure to correct the Work by the Contractor . n " tiott 12.2,or the date of actual commission of any other act or failure to perform any duty or ation by 111 3ll�tor or Owner,whichever occurs last. 13 I MI IONS' SION OF THE CONTRACT T TIOW� THE C RACTOR The tr f rrninate the Contract if the Work is stopped for a period of 30 consecutive days through no` r '; � �ttractor or a Subcontractor,Sub-subcontractor or their agents or employees or any otersons or entttt:4g portions of the Work under direct or indirect contract with the Contractor,for any of tv reasons., of an order of a court or other public authority having jurisdiction which requires all Work to d; .2 bfgovernment,such as a declaration of national emergency which requires all Work to be stopped; x pause the Architect has not issued a Certificate for Payment and has not notified the Contractor of reason for withholding certification as provided in Section 9.4.1,or because the Owner has not a de payment on a Certificate for Payment within the time stated in the Contract Documents;or fl`Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable ence as required by Section 2.2.1. §14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAa Document is protected by U.S.Copyright Law and International Treaties. $7 Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order No.1000117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) °i✓ v.r1 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. Ai, one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' i titter notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery, Witt,ong reasonable overhead,profit and damages. 1 .1.4 If the Work is supped for a period of 60 consecutive days through no act or fault of the Contractor or a ttbcontractc; or theirtl�nts or employees or any other persons performing portions of the Work under contract xh the Cotttltor base the Owner has persistently failed to fulfill the Owner's obligations under the Contract I uments-001 respft-vt matters important to the progress of the Work,the Contractor may,upon seven additional dais' writ otice . Jwner and the Architect,terminate the Contract and recover from the Owner as provided ftt'Sectior 1#A 3. §14.2 T fi NER FOR CAUSE hte the Contract if the Contractor: tt peatedly refuses or fails to supply enough properly skilled workers or proper N 12 t yment to Subcontractors for materials or labor in accordance with the respective �r t n the Contractor and the Subcontractors; ds laws,ordinances,or rules,regulations or orders of a public authority having 4' ty of substantial breach of a provision of the Contract Documents. 14 � c o Geasons exist,the Owner,upon certification by the Architect that sufficient cause sex', f o without prejudice to any other rights or remedies of the Owner and after giving the Cciatl�lltnd to surety,if any,seven days' written notice,terminate employment of the Contractor a ec i`rights of the surety: ion of the site and of all materials,equipment,tools,and construction equipment and { r ,Ceon owned by the Contractor; ttent of: attracts pursuant to Section 5.4;and �r ork r reasonable method the Owner may deem expedient.Upon request of the v� tractor,th f e( l furnish to the Contractor a detailed accounting of the costs incurred by j� in ti "fate Work. § en caner to Contract for one of the reasons stated in Section 14.2.1,the Contractor shall pi DO t " receive until the Work is finished. - 444 Ite unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for 't ser ' nses made necessary thereby,and other damages incurred by the Owner and not expressly ,- 1 be paid to the Contractor.If such costs and damages exceed the unpaid balance, thQ,Ontractor shall ce to the Owner.The amount to be paid to the Contractor or Owner,as the case maybe,- 'fledy tie Architect,upon application,and this obligation for payment shall survive mina act. §t4 3 SUS P 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 for such period of time as the Owner may determine. act Sum and Contract Time shall be adjusted for increases in the cost and time caused by or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include - ,, ent 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 or denied under another provision of the Contract. AIA Document A201 Tm—1997.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA!Document Is protected by U.S.Copyright law and International Treaties. 3$ Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08/18/2004 under Order NoA D00117582_1 which expires on 5/10/2005,and is not for resale. User Notes: (3552668520) �r N%401 §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. 444 on receipt of written notice from the Owner of such termination for the Owner's convenience,the Cdr 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,f&nate all existing subcontracts and purchase orders and enter into no further subcontracts and p orders. ".4.3 In ow"cif stl lination for the Owner's convenience,the Contractor shall be entitled to receive payment fo1 �Vork+eedf sts,ncurred by reason of such termination,along with reasonable overhead and profit on Work not teal. ;' '5 6 a 9 h �r 3 3 ", V�t AIA Document A201 TM—1997.Copyright ®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1967,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties. 39 Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:04 on 08M 8/2004 under Order No.1000117582_1 which expires on 5110/2005,and is not for resale. User Notes: (3552668520)