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Home My WebLink AboutColvos Construction and Helix Design Group r MC Contract#20-087 �f Document A101 - 2017 k Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum -ARE EMENT made as of the, day of September in the year 2020 (In,words, indicate day mo._ttth and year.) ADDITIONS AND DELETIONS: � .. The author of this document has BETWEEN th29wner added information needed for its Y (Name legdl_status„address and other information) completion.The author may also have revised the text of the original Mason County r AIA standard form.An Additions and Su" ort Services" Deletions Report that notes added PP 411'N 5�'Sty= t ° � information as well as revisions to the standard form text is available from Shelton,WAS 98584 the author and should be reviewed.A and the Contractor vertical line in the left margin of this (Name le al status 'address.'and other in ormation document indicates where the author ' $ .• f ) has added necessary information Colvbs Construction and where the author has added to or 711 Court C deleted from the original AIA text. Tac din a�WA 98402 =` This document has important legal for the follotng'Pro�ect consequences.Consultation with an (Name."locatton and`detailed description) attorney is encouraged with respect to its completion or modification. Mason County Setsnuc Upgrades and The parties should complete Mason County Court Rerdbd'el-Phase 1 A101®-2017,Exhibit A,Insurance Bu><ldmg 10' and Bonds,contemporaneously with 414"W Franlslut St this Agreement.AIA Document Shelton,Wk 98584: A201®-2017,General Conditions of the Contract for Construction,is :The Architect* adopted in this document by (Name legal:status address and.olher information) reference.Do not use with other general conditions unless this Hehx Design Group'V document is modified.. 6021�12�S T-Ste.201 Tacoma,WA 98424 The:Owner,and Contractoragree as follows. Init. AIA DocumentA101®-2017.Copyright@ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects, "AIA,"the AIA Logo,"A101,"and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 08/19/2020 under Order / No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945) TABLE OF ARTICLES THE CONTRACT DOCUMENTS 2 `Y THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4_:,,; CONTRACTSUfN =A 5 . PAYMENTS i 6 DISPUTE RESOLUTION 60, 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS t 9 ENUMERATION OFCONTRACT DOCUMENTS EXHIBIT A .INSURANCE AND BONDS � l ARTICLE 1 THECONTIlia DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary,and other Condihons);Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as-if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements, either wnften or oral An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 , THE.WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the:Contracf Documents to be the.responsibility of others. ARTICLE 3 DATE OF,-COMMENCEMENT AND SUBSTANTIAL COMPLETION § 31 The date of commencement of the Work shall be: (Check one of the following..boxes..) . The date of"thus Agreement. [ ] ;:. A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected,then the date of commencement shall be the date of this 'Agreement. § 32 The Contract Time shall be measured from the date of commencement of the Work. §:3.3 Substantial'Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information) Init. AIA Document A101®-2017.Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American institute of Architects.All rights reserved.The"American Institute of Architects;"AIA,"the AIA Logo,"A101,"and"AIA Contract Documents'are 2 registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents10 Terms of Service.To report copyright violations,e-mail copyright@aia.org. kl� User Notes: (1330148945) [X] Not later than( 120)calendar days from the date of commencement of the Work. By the following date: 'Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are,toabe completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work_ Substantial Completion Date § 3y3.3 If the Contractor'fails to achieve Substantial Completion as provided in this Section 3.3,liquidated damages,if any;shall,l%assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 41 The Owner shall pay tbe`Contractor the Contract Sum in current funds for the Contractor's performance of the Contract TEe Contract Sum?shall be two million,two hundred sixteen thousand,two hundred eighteen dollars($ 2,2161218 00),subiect to 4d ditions and deductions as provided in the Contract Documents. , § 4 2 Alternates �> " § 4 21 Atteruates,if any,included in the Contract Sum: A$ F Item g Price Additive Alternate No'%1 $40,213.00 Additive Alterriat 'No.2 $40,000.00 Additive>tllternateNo`�3 $75,132.00 Additive Alternate No:`4 $1,873.00 § 4 2 2 Subject to the con8iti"ons noted below,the following alternates maybe accepted by the Owner following executid6,of this`Agreement.Upon acceptance,the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate) Item Price Conditions for Acceptance § 4 3 Allowances,if any,included in the Contract Sum: (Identify each allowance) Item Price A,,sbestos Abatement $50,000.00 § 4.4 Unit prices,if any (Wentzfy the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit($0.00) § 4 5 Liquidated,damages,if any: (Insert terms and:conditions for liquidated damages, if any.) $500 for each consecutive calendar day that is in default after the contract time. § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum) Init. AIA Document A1010-2017.Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1 987.1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,""AIA,".the AIA Logo."A101,"and"AIA Contract Documents"are 3 registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 08/19/2020 under Order / No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945) ARTICLE 5 PAYMENTS Progress Payments ` § 5.11 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment'issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. W § 512 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows Yh § 51 3 Provided that", Application for Payment is received by the Architect not later than the fifth day of a month, the-Owner ihall make payment of the amount certified to the Contractor not later than the twenty-fifth day of the month If,aii Appllcahon,for3Payment is received by the Architect after the application date fixed above,payment of the.`amount certified shall be made by the Owner not later than thirty(30)days after the Architect receives the Apphcahon-for Payment ederal,siute or local laws:may require payment within a certain period of time.) § 5:14 Each Application,forPayment shall be based on the most recent schedule of values submitted by the .Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the vanous.porttons ofthe Work.The schedule of values shall be prepared in such form,and supported by such data%to subs"tantrate its accuracy,"as the Architect may require.This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.15 Applications`for 11Payment shall show the percentage of completion of each portion of the Work as of the end of the,penod,covered'by the,Appli'cation for Payment. § 5.16 li accordance with AIA Document A201T--2017,General Conditions of the Contract for Construction,and subject to�otherprovisioni'of the Contract Documents,the amount of each progress payment shall be computed as follows. , § 5.1 6.1 The amount of each progress payment shall first include: That portion of the Contract Sum properly allocable to completed Work; Thatporton of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction,or,if approved in advance bythe Owner,suitably stored off the site at a location agreed upon in writing;and 3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgmentto be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: 1 The aggregafe of any amounts previously paid by the Owner; .2 The amount,if any`for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; 3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; 4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017;and 5 Retainage withheld pursuant to Section 5.1.7. § 5.17 Retain*: § 5..171 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due:5% (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Init. A'Document A1016-2017.Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977.1987,1991,1997.2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects, "AIA;the AIA Logo,"A101,"and"AIA Contract Documents"are 4 registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 0 811 9/2 0 2 0 under Order f No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945) § 51711 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage,such as general conditions,insurance, etc.) § 5.7.2 Reduction or limitation of retainage,if any,shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including mo„'difications for Substantial Completion ofportions of the Work as provided in Section 3.3.2, insert provisions fdr such modifications.) u Except as set forthin�this Section 5.1.7.3,upon Substantial Completion of the Work,the Contractor may z submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant : to, s Section 5 1 7 The Application for Payment submitted at Substantial Completion shall not include retainage as follows '� r (insert ariy`otherxcoinditions jor release of retainage upon Substantial Completion.) § 51 8 If final completion of the`Work is materially delayed through no fault of the Contractor,the Owner shall pay flte Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. 1 § 51 9 Except with.the Owner's,prior approval,the Contractor shall not make advance payments to suppliers for materials or..equipment whieh,have not been delivered and stored at the site. T § 5.2 Final Payment §'5.2.1,Final payment,-constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when - .1 the Conttactor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements,if any, which extend beyond.final payment;and 2; a'final Certificate fd'xPayment has been issued by the Architect. § 5 2 2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's.final Certificate'.for Payment,or as follows: § 5.31nterest Paynnents due and unpaid under-the Contract shall bear interest from the date payment is due at the rate stated below, or in the,absence thereof,at"tl a legal rate prevailing from time to time at the place where the Project is located. (Insert rater of inter.est agreed upon, if any.) ARTICLE 6 DISPUTE RESOLUTION § 6:1 Intfial De' Won Maker The.Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017,unless the .` parties appoint below another individual,not a party to this Agreement,to serve as the Initial Decision Maker. ,(If the pi roes mutually agree, insert the name,address and other contact information of the Initial Decision Maker, if other than the Architect.) Init. AIA Document A101e-2017.Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects, "AIA,"the AIA Logo,"A101,"and"AIA Contract Documents"are 5 registered trademarks and may not be used without permission:This document was produced by AIA software at 13:58:57 ET on 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only;and may only be used in accordance with the AIA Contract DocumentsV Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945) § 6.2 Binning Dispute Resolution For`any Claim subject to,but not resolved by,mediation pursuant to Article 15 of AIA Document A201-2017,the method,of binding dispute resolution shall be as follows: (Che&the appropriate box.) [X] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ ] Litigation 1n a court of competent jurisdiction Other(Specify) Ifthe Owner and Contractodo'==not select a method of binding dispute resolution,.or do not subsequently agree in writing to a binding dispute.res""olution method other than litigation,Claims will be resolved by litigation in a court of competentjunsdichon ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document 61461, § 7.1 1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201 2017 then the Owner shall pay the Contractor a termination fee as follows: - poert the`amount of li or me" od for determining,the fee, if any,payable to the Contractor following a termination for `the Owner's convenience) § 7,'2 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS,PROVISIONS Where reference is made in'this'Agreement to a provision of AIA Document A201-2017 or another Contract Documenf,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents, § 8,2 The Owrier's representative: (Name, address,email address, and other information) Frank Pinter Mason County Director Support•Services fpinter(a�co mason wa us` " (360)427 9670 ext-530 §`8.3 The Contractor's"representative: (Name, address, email address, and other information) Scott Fletcher Project Manager` sflefcherCa7colyos"construction.com (253)625-4155 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days'prior notice to the other party. Init. AIA Document A1010—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A101,"and"AIA Contract Documents"are s registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 08/19/2020 under Order ! No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents£P Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945) § 8.5 Insurance and Bonds § 8 51 The Owner and the Contractor shall purchase and maintain insurance asset forth in AIA Document A1017m-,,2017,Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated.Sum,Exhibit A,Insurance.and Bonds,and elsewhere in the Contract Documents. §;8.5 2 The Contractor shall provide bonds as set forth in AIA Document A101T"1--2017 Exhibit A,and elsewhere in , the Contract Documents. § 8,6 Other provisions 4 YS (Paragraphs deleted) ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 91 Tlus`Agreemettiscomprised of the following documents: x 1 AIA Document A101Tm--2017,Standard Form of Agreement Between Owner and Contractor 2 AIA Document A101TK-2017,Exhibit A,Insurance and Bonds 3„ AIA Document:A201Tm--2017,General Conditions of the Contract for Construction (Par_agraphs deletei) f 4 r Drawings Mason County Seismic Upgrades Bid Set drawings dated: 7-10-2020 Mason County Court Remodel-Phase 1 Bid Set drawings dated: 7-17-20 5 Specifications• Mason County Building Seismic Upgrades/ Court Remodel-Phase 1 Project Manual dated: 7-17-20 6 Addenda,if any: Numberi. Date Pages 7-24-2020 8 with attachments Portions'of Add6h&relating to bidding or proposal requirements are not part of the Contract Documents unless.the bidding or proposal requirements are also enumerated in this Article 9. 7 Other Exhibits (Check 1 116okes thatapply and include appropriate information identifying the exhibit where required) [ ] AIA'iDocument E204TM-2017,Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .8 Other documents,if any,listed below: Init. AIA DocumentA1010-2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977;1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute.of Architects,""AIA,"the AIA Logo,"A1o1,"and"AJA Contract.Documents"are 7 registered.trademarks and may not be used without permission.This document was.produced by AIA software at 13:58:57 ET on 08/19/2020 under Order No.6041490820,which expires on 1 0/0 112 0 2 0,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.arg. User Notes: (1330148945) (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201Tm-2017 provides that the advertisement or invitation to bid,Instructions to Bidders, sample forms, the Contractor's bid or proposal,portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement.Any such documents should be listed here only if intended to be part of the Contract Documents) e t.Sc E FY Phis Agreement entered into as of the day and year first written above. I r s i OWNER(Signature) CONTRACTOR(Signature) {Printed Warne and=title) (Printed name and title) Init. AIA Document A1016-2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,"A101,"and"AIA Contract Documents'are $ registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 08/19/2020 under Order 1 No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsa Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945) (List here any additional documents that are intended to form part of the Contract Documents.AM Document A20FmQ017 provides that the advertisement or invitation to bid,Instructions to Bidders, sample forms,the Contractor's bid or proposal,portions ofAddenda relating to bidding or proposal requirements,and other information furnished by the Owner in anticipation of receiving bids or are`not art.o the Contract Documents unless enumerated in this A eement.Any such proposals, P f g?'. documents should.be listed here only if intended to bepart of the Contract Documents) Tfiis Agreement entered into as of the day and year first written above. C OWNERignatu a .� } • CONTRACTOR(Signature) (Printed Warne an"d title) (Printed name and title) Init. AIA bocumentA101°-2017:Copyright©1915,1918,1925;1937,1951 1958,1961,1963,1967,1974,1977,1987;1991,1997,2007 and 2017byThe American Institute bf Architects:All rights reserved.The"American Institute of Architects;"AIA, the AIA Logo,A101.and"AIA Contract Documents"are 8 registered trademarks and may not be used without permission.This document was.produced by AIA software at 13:58:57 ET on 08/19/2020 under Order t No.6041490820 which expires an 10101/2020,is not for resale;is licensed for.one-time use only;and may,only be used in accordance with the AIA contract Documents°Terms of Service.To report copyright vlolations,e-mail copyright@aia.org. User Notes: (1330148945) Additions and Deletions Report for AIA®Document A 1010- 2017 This Addltlons and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to tfie tandafd form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA'software at 13:58:57 ET tin.08/1912020. cF: ' PAGE1 AGREEMENT made as of theft day of September in the year 2020 Pi Mason-County Support"Services 411 N5 St Shelfon:WA 98584_ Colvos Construction y 71:1 Court C Tacoma,WA 98402 (Name location and detai1e4,4scription) Mason`County Seismic Uparades and Mason County:Court Remodel—Phase,1 Buiid' 10 414 W F.ranklm St Shelton;WA 98584 Helix.Design Group. 6021.12rh St E.Ste.201 Tacoma WA 98424 PAGE 2 • X] The.date of this Agreement. PAGE 3 [ Not later than(120)calendar days from the date of commencement of the Work. §4.1 The Ov+ner'shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be two million,two hundred sixteen thousand,two hundred eighteen dollars($ 2,216,218.00),subject to additions and deductions as provided in the Contract Documents. Additions and Deletions Report for AIA Document Al01®-2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991, 1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA;"the AIA Logo,"Al01;and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 08/19/2020 under Order No.6041490820 which expires on 10/0112020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945) Additive Alternate No. 1 $40,213.00 Additive Alternate No.2 $40,000.00 5 r Additive Alternate No.3 $75,132.00 Additive Alternate No.4 $1,873.60 � F F AsbestosAbatement $50,000.00 " = .V $500 for:each consecutive calendar day that is in default after the contract time. PAGE 4 § 513 Provided that an Application for Payment is received by the Architect not later than the fifth day of a month, the Owner shall make payment-bf the amount certified to the Contractor not later than the twenty-fifth day of the month If an Application for Payment is received by the Architect after the application date fixed above,payment of the amount certlfied shall.be"made by the Owner not later than f--}t ' 30 days after the Architect receives the Apphcahon_for Payment: n," § 5:171 F6r each.'. ach progress`payment made prior to Substantial Completion of the Work,the Owner may withhold the r followlrig'amount,as retainage,from the payment otherwise due: 5% PAGE 5 " One" 1 PAGE 6 AM] 'Arbitration pursuant to Section 15.4 of AIA Document A201-2017 If the Contractos terrtiinated for the Owner's convenience in accordance with Article 14 of AIA Document hall pay the Contractor a termination fee as follows:A201-2017 6ri the Owaers Frank Pinter Mason County Directof'SuDport Services Y (360)427 9670 ext.530 Scott Fletcher Project Manager Additions and Deletions Report for AIA Document A1010-2017.Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,. 1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A101,"and'AIA 2 Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 0 811 9/2 0 2 0 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsP Terms of Service.To report copyright violations,e-mail copyright@aia.arg. User Notes: (1330148945) zY (253")625=4155 a PAGE 7_ § 8.8 . A MA Deeumeat E203Tm 2013,Bui a Modeling and Digital Data Exhibit,if eempleted,or-as and ema -P -he system MR be require Other provisions: 77 Q3 IN 28 1-L Building Infennatien dehAg and DigiW Data.Exhibit,dated as x i y. .4} Draw.mgs " NulIbeF Tille Dale Mason County Seismic Upgrades Bid Set drawings dated: 7-10-2020 Mason`County Court Remodel—Phase 1 Bid Set drawings dated: 7-17-20 ,6- =.5<"Specifications " ,eslie� Mlle Dale Pages �-,Maso Building Seismic Upgrades/ Court-Remodel'=Phase 1 Project Manual dated: 7-17-20 =.6"<Addenda,.if any: 1 7-24-2020 8 with attachments 7 Other Exhibits: --.8 Other documents,if any,listed below: PAGE 8 Additions and Deletions Report for AIA Document A1010-2017.Copyright@ 1915,1918,1925,1937,1951,.1958,1961,1963,1967,1974,1977,1987,1991, 1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA;the AIA Logo,"A101,"and'AIA 3 Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945) l J 45 Y Additions and Deletions Report for AIA Document A1010-2017.Copyright @ 1915,1918,1925,1937,1951,195B,1961,1963,1967,1974,1977.1987,1991, 1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A101,"and'AIA 4 Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on O8/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945) Additions and Deletions Report for AIA®Document A 1010—2017 Exhibit A ThIs,Addibons and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. ' Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part 41 of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by s AIA software at 13:49:25 ET on;08/19/2020. r i z PAGE 1 75ir *. Tlu's,Insuraiice and Bonds Exhibit is part of the Agreement,between the Owner and the Contractor,dated the Ldday of September m the_year 2020 3 Mason County Seisnuc Upgrades and Mason County-Court Remodel`=Phase 1 Building 10; Lx 414 W Frandin St Shelton,WA 98584 c777,_ (Name legal status and address) Mason County x ` Suprt Se poivices 411:N Shelton,.WA '98584` r Colvos Construction', r .. 71 l urt C Co Tacoma,WA 98402, PAGE 2 �� 4 31.1 Causes of Loss.The insurance required by this Section A.2.3.1 shall provide coverage for direct physical 1oss`oc damage,andshall not exclude the risks of fire,explosion,theft,vandalism,malicious mischief,collapse, earthquake,flood,or17 windstorm PAGE 4 § A.M.1 Certifiiiii of Insurance, Without limiting Contractor"s indemnification of Owner,the Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A 3 at the following times:(1)prior to commencement of the Work;(2)upon renewal or replacement of each required policy o€insurance;and(3)upon the Owner's written request.An additional certificate evidencing continuation of commercial liability coverage,including coverage for completed operations,shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the penods required by Section A.3.2.1 and Section A.3.3.1.The certificates will show the Owner as an additional insured on the Contractor's Commercial General Liability and excess or umbrella liability policy or policies. Additions and Deletions Report for AIA Document A1010—2017 Exhibit A.Copyright©2017 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,"Al 01,"and"AIA Contract Documents"are registered trademarks and may not be used without permission. 1 This document was produced by AIA software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-maii copyright@aia.org. User Notes: (1516850019) § A.3.1.2 Deductibles and Self-Insured Retentions.Self-insurance will not be considered to comply with these insurance specifications.Any"self-insured retention"must be declared and approved by Owner.Owner reserves the ng}it to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding,policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program,Contractor must fully di 'SC program to Owner.The Contractor shall disclose to the Owner any deductible or self-insured retentions applicable to any insurance required to be provided by the Contractor. A 3.1.3 Additional Insured Obligations.To the fullest extent permitted by law,the Contractor shall cause the commercial general liability coverage to include(1)the Owner,its Board officers,employees and agents,the Architect,and:the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent actsor omissions during the Contractor's operations;and(2)the Owner as an additional insured for clauns caused:in whole or in part by the Contractor's negligent acts or omissions for which loss occurs during completed operations.The additional insured coverage shall be primary and non-contributory to any of the Owner s general liability insurance policies and shall apply to both ongoing and completed operations.To the extent commercially available,the;%additional insured coverage shall be no less than that provided by Insurance Services Office,Inc (ISO)forms CG 20 10 07 04,CG 20 37 07 04,and,with respect to the Architect and the Architect's consultants;CG 2Q32 07 04 . k i § A:3 21 The Contractor shall.purchase and maintain at its own expense and a form satisfactory to the Owner the foliowmg types and linuts of insurance from an insurance company or insurance companies lawfully authorized to issue insurance iri thelurisdiction where the Project is located.The Contractor shall maintain the required insurance until the expiration;of the perod for correction of Work as set forth in Section 12.2.2 of the General Conditions,unless a different duration is stated below: § A:3 2 21 Commercial General Liability insurance for the Project--^i*t ep : ,using a standard ISO CG 00 01 occurrence form,including premises,operations,products and completed operations hazard,contractual liability with limits not less than one million($ 1,000,000)each occurrence, five million`($5,000 000`)'General Aggregate,and Five million($5,000,000)Products-Completed Operations -ggre`ag te':providing coverage for claims including PAGE 5 - § A.3.23 .,., -: " . , . fiaContractoc`shall maintai oinmtmoble insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury,death of any person and property damage for all activities of the Contractor arisingout o ownership,maintenance and use of those motor vehicles or in connection with Work to be performed under this Agreement,`including coverage"for any owned,hired,non-owner or rented vehicles,in an amount not less than one million($ 1,000,0001 comliined single limit for each accident along with any other statutorily required automobile coverage:%,: § A.3.2.5 .Contractor shall maintain Workers'Compensation Insurance (Statutory Limits)and Employer's Liability Insurance(with limits of at least$1,000,000 for Contractor's employees m•,accordance with the laws of the State of Washington.In addition,Contractor shall require each subcontractor to similarlAnaintain Worker's Compensation Insurance and Employer's Liability Insurance in accordance with the laws of he State of Washington for all of the subcontractor's employees. § A.326 , . }pit Jones Act,and the Longshore&Harbor Workers'Compensation Act,as required,if the Work involves hazards arising from work on or near navigable waterways,including vessels and docks Additions and.Deletions Report for AIA Document A1010—2017 Exhibit A.Copyright @ 2017 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,"A101,"and'AIA Contract Documents"are registered trademarks and may not be used without permission. 2 This document was produced by AIA software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsa Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1516850019) § A.3.2.7 . . If the Contractor is required to furnish professional services as part of the Work,the Contractor shall procure Professional Liability insurance covenng_performance of the professional services,with policy limits of not less than one million($1,000,000)per claim aid'two million($2,000,000)in the aggregate. § A3 28 If the w Work involves the transport, dissemination,use,or release of pollutants,the Contractor shall procure Pollution Liability insurance,with policy m limits of not;less than($=Tpe�ela ne million($1,000,000)per claim and two million($2,000,000)in the aaggregate. § A:329 ,the Gentraeter-shall prectife overage under Sections A.3.2.8 and A.3.2.9 may be procured through a Combmed Professional Liability and Pollution Liability insurance policy,with combined policy limits of not less than 'two million($2,000,000)per claim and four million($4,000,000)in the aggregate. § A;3 210 Axith eembinedInsurance for maritime liability risks associated with the operation of a vessel >f the Work requires such activities,with policy limits of not less than ($ )per claim and ($ m the aggregate § A.3 211 Insurance-for ,the use or operation of manned or unmanned aircraft if the Work requires such activities,with policy limits of not less than ($ )per claim and ($:. )in the aggregate: ^.......v,ccz-po=ccTzxcxz.w v:..x:oc cc55_t )-PeF elaim and )in the.aggr-egase. § A.3 31'Insurance selected and described in this Section A.3.3 shall be purchased by Contractor at its own cost and expense from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction PAGE 6 [ ".] § A 3.3.2.3 Asbestos Abatement Liability Insurance,with policy limits of not less than($-}one million ($1000,000):per claim and{ }two million($2,000,000)in the aggregate,for liability arising from the'encapsulation,remoyal,handling,storage,transportation,and disposal of asbestos-containing matenals PAGE 7 hisunmee 0 ether hmii�s. Contractor'shall also procure and maintain,at its own cost and expense,any additional kinds of insurance which m�its own judgment may be necessary for its proper protection and prosecution of the WorkThe GefAraeter-shall pr-evide suEety beads,gem a semp s lawffiUy authorized to issue suEety bends i :At such time as Contractor enters into a contract,he/she shall provide ame formance and labor&materials iaayment and in the amount of 100%of the awarded contract as security for the faithful verformance and payment of all hii/her obligations under the specifications. The Contractor will provide a maintenance bond guaranteeing work shall be free of any defective materials or . workmanship which became apparent during the period of three(3)years following completion of the Contract.Bond shall be in a form acceptable to the Owner.Bond shall be in the amount of 50%of the contract price. Additions and Deletions Report for AIA Document A1010—2017 Exhibit A.Copyright @ 2017 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,"A101,"and"AIA Contract Documents"are registered trademarks and may not be used without permission. 3 This document was produced by AIA software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 10/0.1/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1516850019) ($peeif��e an4 penal sum of be-adds`Surety shall be licensed to conduct business in the State of Washington and are named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts;U.S.Treasury Department. Penal 91 M '-- -Pa)qaentBea 1 The sum o£anv Chani=e:Order added to this contract shall be calculated into the Penal Sum of the Performance Bond,and.50e/a.of Change'Order sum shall be calculated into the Payment Bond. 2,Xontractor agrees to requireiAll subcontractors or other parties hired for this project to provide the same insurance as required.of''Contractor inl`ess'otherwise agreed to by Owner.The subcontractor's general liability insurance shall add F. As addition al Insureds all parties to this Agreement using In Services Office form CG 20 10 with an edition date prior to 2004 .Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ens""ure:that such coverage`�s`provided as required here. 3.The of hmifi 'insurance'as described above shall be considered as minimum requirements.Should any coverage caried by the General Contractor or a subcontractor of any tier maintain insurance with limits of liability the exceed ffid.fequued limits or coverage,that is broader than as outlined above,those higher limits and broader coverage shall be deemed to'apply for the'bendfit of any person or organization included as an additional insured and those limits shall become. a required minimum limits of insurance in all Parag_rayhs and Sections of this Agreement. 4 Requirements of specific coverage features are not intended as limitation on other requirements or as any coverage noirially provided by anV `iven policy.Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given rssue'and is not intended by any party or insured to be all-inclusive,or to the exclusion of other co;'overage o'-r a waiver of any Me. 5.All coverage typed and limits required are subject to approval,modification and additional requirements by the Owner,as-the need arises.Contractor shall not make any reductions in scope of coverage(e.g.elimination of contractualltabih!y.or reduction.of discovery period)that may affect Owner's protection without Owner's prior written consent. 6.The.Owner reserves the•ri hdt al v time during the term of the contract to change the amounts and types of msurancerequired by grvtng the'Contractor ninety(90)days advance written notice of such change.If such change results in sibstantialadditionalcost"to the Contractor,the Owner and-Eontraetvrma�reneaotat�Contractor•=s eorpensatiota W i� At C. 1it lac ' �k GGi pc�d q'O e `� 7 Contractor agrees to provide immediate notice to Owner of any claim or loss against the Contractor arisingout ut of the work preformed under this agreement.Owner assumes no obligation or liability by such notice,but has the right .:7but not the!'jj t )ao monitor the handling of any such claim or claims if they are likely to involve the Owner. 8 The Owner and.Contractor waive all rigilts against(1)each other and any of their subcontractors,sub-contractors, agents,and employees,each other,(2)the Architect and the Architect's consultants:and(3)Separate Contractors,if any,and any of their subcontractors,sub-contractors,agents,and employees,for damages caused by fire,or other causes of loss,fo the extent covered by property insurance required by the Agreement or other property insurance apphcableao the`.Project,except such rights as they have to proceeds of such insurance. 9 Contractor a `'erg es to provide immediate notice to Owner of any claim or loss against Contractor arising out od the or per-1-ed under this agreement.Owner assumes no obligation or liability by such notice,but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve the Owner. Additions and Deletions Report for AIA Document A1010-2017 Exhibit A.Copyright @ 2017 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,"A101,"and"AIA Contract Documents"are registered trademarks and may not be used without permission. 4 This document was produced by AIA software at 13:49:25 ET an 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1516850019) =p•=" Document A201 — 2017 1A y General Conditions of the Contract for Construction r forth"e following PROJECT: (Name and location or address) Mason County Seism<c Upgrades and ADDITIONS AND DELETIONS: The author of this document has Mason County Court Remodel—Phase 1 added information needed for its "Building 10 414 W Franklin St completion.The author may also Shelton r '98 have revised the text of the original AIA standard form.An Additions and Deletions Report that notes added THE OWNER information as well as revisions to the (Name legal status and address) standard form text is available from the author and should be reviewed.A Mason County vertical line in the left margin of this Support Sernces document indicates where the author 411 N Sin St' has added necessary information Shelton WA 98584 and where the author has added to or deleted from the original AIA text. THE ARCHITECT ame l gal status and addr."ess) This document has important legal consequences.Consultation with an Helix Design Group` attorney is encouraged with respect rn' to its completion or modification. 6021 12 St E Ste`201 Tacoma;WA 98424 For guidance in modifying this document to include supplementary TABLE OF ARTICLES conditions,see AIA Document A503TM',Guide for Supplementary 1 GENERAL PROVISIONS Conditions. -. ,. 2_ OWNER 3 CONTRACTOR R. ,.. 4 ARCHITECT 5 SUBCONTRACTORS 8 CONSTRUCTIOR BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIMES 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11, INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK Init. AIA Document A2016—2017.Copyright @ 1911.1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA."'the AIA Logo,7A201;and*'AIA Contract Documents"are 1 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order / No.6041490820 which expires on 10/0112020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) 13 MISCELLANEOUS PROVISIONS r 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15:� ��.CLAIMS AND DISPUTES D „ � 1 1 5 ,y F v F v 'k Z:. z5 5 pk 4 4 l Init. AIA Document A2010—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects;"ALA,'the AIA Logo,"A201,"and"AIA Contract Documents"are 2 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: l9474RRR911 INDEX Architect's Authority to Reject Work (Topics and numbers in bold are Section headings.) 3.5,4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Acceptance of Nonconforming Work Architect's Decisions 96.6,9.9.3,12.3 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, —_ Acceptance of Work 7.3.4,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 9,6:6,9.8.2,9.9.3,9.10:;1.,9.10.3, 12.3 13.4.2, 15.2 Access to Work Architect's Inspections 316,6 2 1, 12 1. 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.4 Accident Prevention Architect's Instructions 10 r 3.2.4,3.3.1,4.2.6,4.2.7, 13.4.2 Acts and Omissions; Architect's Interpretations 32;332,3128,3:18,423'S3.1,9.5.1, 10.2.5, 4.2.11,4.2.12 10 2.8, 13 3 2- 14 15.1.2,15.2 Architect's Project Representative Addenda Fa 1 4.2.10 1.1.1 Architect's Relationship with Contractor AddihonalCosts,Claims fo 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, 37:4,375, 1032, 1515 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16, Additional Inspections anii Testing 3.18,4.1.2,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, 9 4.2,9 8 3, 12 2 1,13 4 F� 9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Additional Time,Claims for Architect's Relationship with Subcontractors 32:4,37 7.435,3102,83215.1.6 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3 Admmistratiou-of the Contract Architect's Representations 113 41 9.4,9 5 x �y 9.4.2,9.5.1,9.10.1 Advertlsement or Invitahonao Bid Architect's Site Visits 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 Aesthetic.Effect .. Asbestos 42. 13 10.3.1 Allowances ;. Attorneys'Fees 3,8' 3.18.1,9.6.8,9.10.2, 10.3.3 Applications for Payment Award of Separate Contracts 4 25,7.3.9, 9 2,!o 9.4,9.5 1,9.5.4,:9:6.3,9.7,9.10 6.1.1,6.1.2 Approvals Award of Subcontracts and Other Contracts for -2.1.1,2 3ii :Ii.2 5,3;1 3,3 10.2,3.12.8,3.12.9, Portions of the Work 3 0.1,4,.2.7,9.3.2, 13.4 1 5.2 Arbitration Basic Definitions ARCBMCT Bidding Requirements Architect,Definition of Binding Dispute Resolution 4.1.1:= 8.3.1,9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, Architect,Extent of Authority" 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 5,3 12 7,k4 1 2,4s2;5.2,6.3,7.1.2,7.3.4,7.4,9.2, Bonds,Lien 93.1,94,9,5,96398,9.10.1,9.10.3, 12.1, 12.2.1, 7.3.4.4,9.6.8,9.10.2,9.10.3 13:4.1, 13.4:2, 14 2.:2;14.2.4, 15.1.4, 15.2.1 Bonds,Performance,and Payment Architect,Limitations of Authority and Responsibility 7.3.4.4,9.6.7,9.10.3,11.1.2, 11.1.3,11.5 2:1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, Building Information Models Use and Reliance 6,4.2.7,:4 2-1D,4.2.12,4.2.13,5.2.1,7.4,9.4.2, 1.8 95 4,9 6 4,'15 1.4, 15.2 Building Permit Arclittect's'Additional Services and Expenses 3.7.1 2.... 2.1,._13 4.2, 13.4.3, 14.2.4 Capitalization Architect's Administration of the Contract 1.3 3.1.3,3.7.4, 15.2,9.4.1,9.5 Certificate of Substantial Completion Architect's Approvals 9.8.3,9.8.4,9.8.5 2.5,3.1.3,3.5,3.10.2,4.2.7 Init. AIA DocumentA201®-2017.Copyright©1911,1915,1918,.1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 3 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order / No.6041490820 which expires on 10/0112020,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsP Terms of Service.To report copyright violations,e-mail copydght@aia.org. User Notes: (947468621) Certificates for Payment Concealed or Unknown Conditions 42.1,42.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, 3.7.4,4.2.8,8.3.1, 10.3 9,=10.3, 14.1.1.3, 14.2.4, 15.1.4 Conditions of the Contract Certtficates of Inspection,Testing or Approval 1.1.1,6.1.1,6.1.4 134 4 Consent,Written Certificates of Insurance 3.4.2 3.14.2,4.1.2,9.8.5 9.9.1,9.10.2 9.10.3, 13.2, 9 0 2" 15.4.4.2 Change Orders Consolidation or Joinder f : 1.1 k1,.3.4.2,3.7.4,3.8,2.3,3.11,3.12.8,4.2.8,5.2.3, 15.4.4 7112,7.1.3,7.2,7.3.2,7;3.7,7.3.9,7.3.10, 8.3.1, CONSTRUCTION BY OWNER OR BY 9 5.1.1,9.10:3;,10.3.2, 11 2, 11.5, 12.1.2 SEPARATE CONTRACTORS Change Orders;Definition of 1.1.4,6 7 2c1 Construction Change Directive,Definition of CHANGES INTHE WORK 7.3.1 2 22,3 11;4 2 8,7,7 2 1,7:31,7.4,8.3.1,9.3.1.1, Construction Change Directives 115 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, Claims,Defirutton of 9.3.1.1 15.1 1 Construction Schedules,Contractor's Cl411111sil Notice of 3.10,3.11,3.12.1,3.12.2,6.1.3, 15.1.6.2 1 62, 15 1.3' Contingent Assignment of Subcontracts CLAIMS,AND DISPUTES 5.4, 14.2.2.2 3 2.4,6 1 1,"6 3,7.3.9,9:3.3,9 19.4, 10.3.3,15, 15.4 Continuing Contract Performance Claims and Timely-Assertion of:Claims 15.1.4 15.4.1 Contract,Definition of Claims for Additional Cost 1.1.2 3 2r4,33 1;3 7 4,7:-3 9,9 5.2;10.2.5, 10.3.2,15.1.5 CONTRACT,TERMINATION OR Claims for.`AdditionalTime SUSPENSION OF THE 8 3 2,9.5.2, 10.3.2,15.1.6 5.4.1.12 5.4.2, 11.5,14 Concealed'or Unknown Conditions,Claims for Contract Administration 37.4 3.1.3,4,9.4,9.5 Claims for Damages Contract Award and Execution,Conditions Relating 3.2.4 3.18,8 3 3,9:5 1,9.6.7, 10.2.5, 10.3.3, 11.3, to 113.2, 14:2.4, 15.1.77,`'- 3.7.1,3.10,5.2,6.1 Claims_Subject to Arbitration Contract Documents,Copies Furnished and Use of 15.4 1 1.5.2,2.3.6,5.3 Cleaning Up Contract Documents,Definition of 3:15;6 3, Commencement.of the Wotk,Conditions Relating to Contract Sum 341,3.7.1,3.101,312.6,5.2.1,5.2.3, 2.2.2,2.2.4,3.7.493.7.5,3.8,3.10.2,5.2.3,7.3,7.4, 6 2.2i 8.1`.2,8.2.2,8.3.1, 11.1, 11.2,15.1.5 9.1,9.2,9.4.2,9.5.1.4,9.6.7,9.7, 10.3.2, 11.5, 12.1.2, Commencement of the Work„Definition of 12.3, 14.2.4, 14.3.2, 15.1.4.2,15.1.5,15.2.5 8.1.2 Contract Sum,Definition of Communications 9.1 3.9.1,4.2.41 Contract Time Completion„Conditions Relating to 1.1.4,2.2.1,2.2.2,3.7.4,3.7.5,3.10.2,5.2.3,6.1.5, 3.4-.1,3.11,3 15,.4.2.2;;4.2.9,8.2,9.4.2,9.8,9.9.1, 7.2.1.3,7.3.1,7.3.5,7.3.6,7,7,7.3.10,7.4,8.1.1, 9.10, 12.2, T4 1 215 1 2 8.2.1,8.2.3,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 12.1.2, COMPLETION,PAYMENTS AND 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 9 Contract Time,Definition of Completton,Substantial 8.1.1 3 10A 42:9;8,1 1,8.1.3,8.2.3,9.4.2,9.8,9.9.1, CONTRACTOR 910:3,12.2; 15.1.2 3 Compliance withLaws Contractor,Definition of 2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4, 10.2.2, 13.1, 3.1,6.1.2 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.82 Contractor's Construction and Submittal 15.4.2, 15.4.3 Schedules 3.10,3.12.1,3.12.2,4.2.3,6.1.3, 15.1.6.2 Init. AIA Document A2010-2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201."and"AIA Contract Documents"are 4 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) Contractor's Employees Damage to Construction of Owner or Separate 27A.4,3..3`2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6,10.2, Contractors 10:3,11 3', 14.1, 14.2.1.1 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Liability Insurance Damage to the Work 111' 3.14.2,9.9.1, 10.2:1.2, 10.2.5, 10.4, 12.2.4 Contractor's Relationship with Separate Contractors Damages,Claims for and0wner's Forces 3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.3.2, 3:1.25,3.14.2,4.2.4,6, 113, 12.2.4 11.3, 14.2.4, 15.1.7 Contractor's Relationship with Subcontractors Damages for Delay 1 2:2,2.2.4,3.3.2.3.18 1,.3.18.2,4.2.4,,5,9.6.2,9.6.7, 6.2.3,8.3.3,9.5.1.6,9.7, 10:3.2, 14.3.2 9 10 2, 11 2-11;3, 11.4 ", Date of Commencement of the Work,Definition of Contractor's Relationshi with the Architect 8.1.2 P:: 1 12, 1 5,2 3 3;:3 13,3 2 2,3.2.3,3.2.4,3.3.1,3.4.2, Date of Substantial Completion,Definition of 35`1,374,310,311,312„116,3.18,4.2,5.2,6.2.2, 8.1.3 3.1,42 9 3,9 4,9 5,9.7,9.8,9.9, 10.2.6, 10.3, Day,Definition of 1 -3, 12,13 4,15 11 15 2 f 8.1.4 Contractor's,Repre'sentahons Decisions of the Architect 32,1,322,35,3.126,62.2,8.2.1,9.3.3,9.8.2 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,6.3,7.3.4, Contractor's Responsibility.for Those Performing the 7.3.9,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1, 13.4.2, Work 14.2.2, 14.2.4, 15.1, 15.2 3 k2r 3 18,'$3,613,6 2;"9.5 1, 10.2.8 Decisions to Withhold Certification Contractor's Review of Conti'd Documents 9.4.1,9.5,9.7, 14.1.1.3 Defective or Nonconforming Work,Acceptance, Contractor's Right to Stop the:Work Rejection and Correction of 22.2,97 M 2.5,3.5,4.2.6,6.2.3,9.5.1,9.5.3,9.6.6,9.8.2,9.9.3, Contractor's.Right to Terminate,the Contract 9.10.4, 12.2.1 14 T'. Definitions Contractors Su-bmittals 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 310,311,il2,42.7;52`.1 5.2.3,9.2,9.3,9.8.2, 6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1, 15.1.1 9 8.3,9 9.1 9 10,2,9.10:3` Delays and Extensions of Time Contractor's Superintendent`,- 3.2,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 3 9,;10 2.6 10.3.2,10.4, 14.3.2,15.1.6, 15.2.5 Criritractor's Supervision and Construction Digital Data Use and Transmission Procedures , 1.7 1:2.2,3 3;;3.42 3 1210;4.2,2,4 2:7,6 13,6.2.4,7.1.3, Disputes 7.3;4,7.3:6,82, 1012, 14,15.1.4 6.3,7.3.9, 15.1, 15.2 Coordination and Correlation Documents and Samples at the Site 1.2,321,33.1,.3.10,312.6,61i: 2:.1 3.11 Copies Furnished of Drawings and Specifications Drawings,Definition of 1.5,2 3 6,3':I 1 1.1.5 Copyrights Drawings and Specifications,Use and Ownership of 1.51.3.17 3.11 Correction of Work Effective Date of Insurance 2.5 `3 7 3,94 2,9;8.2,9 83 9.9.1, 12.1.2,12.2, 123, 8.2.2 15.1.3 1, 151 3 2,,1=52.1 Emergencies Correlattonmand Intent of the Contract Documents 10.4, 14.1.1.2,15.1.5 Employees,Contractor's Cost,Definition of 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 7 34 10.3.3, 11.3, 14.1, 14.2.1.1 Costs Equipment,Labor,or Materials 6.1.1,6.2.3, 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 73.33,734,73.8,7.3.9,9.10.2, 103.2, 10.3.6, 11.2, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3, 121:2, 122-1, 122.4, 13.4, 14 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Cutting and Patching Execution and Progress of the Work 3.14,6.2.5 1.1.3, 1.2.1, 1.2.2,2.3.4,2.3.6,3.1,3.3.1,3.4.1,3.7.1, 3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.6;8.2,9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init. AIA Document A2010-2017.Copyright @ 1911,1915;1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,"A201,"and"AIA Contract Documents"are 5 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents Terns of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) Extensions of Time Insurance,Stored Materials 3.2.4,3,,7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, 9.3.2 10 4, 14 3, 15.l.6,15.2.5 INSURANCE AND BONDS Failure of Payment 11 9 w3°.1 3,9t7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Insurance Companies,Consent to Partial Occupancy Faulty Work 9.9.1 (See Defective or Nonconforming Work) Insured loss,Adjustment and Settlement of Final Completion and Final Payment 11.5 4.2.1,4.2.9,9.8.2,9.10;;12.3, 14.2.4, 14.4.3 Intent of the Contract Documents Financial Arrangements,Owner's 1.2.1,4.2.7,4.2.12,4.2.13 13.2.2, f 1.1.4 Interest GENERAL,PROVISIONS 13.5 1 Interpretation Governing Law 1.1.8, 1.2.3, 1.4,4.1.1,5.1,6.1.2, 15.1.1 13 l Interpretations,Written Guarantees;(See Warranty) 4.2.11,4.2.12 Hazardous;Materials`and Substances Judgment on Final Award 1A 4,10 3 15.4.2 Identification of Subcontractors and Suppliers Labor and Materials,Equipment 5 2a 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Indemnifit ahon 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 10.2.1, 910 2,1033 3,;11.3 10.2.4, 14.2.1.1, 14.2.1.2 Information and Servrnces Required of the Owner Labor Disputes 2 1.2,2 2,2:3,3 2 2;3 12 1,0 1'6.1.3,6.1.4,6.2.5, 8.3.1 9 6.1,9.9.2,9.16.3, 3 3,'1=1:2, 13.4.1, 13.4.2, Laws and Regulations 14.114, 14.14, 15.14 .. 1.5,2.3.2,3.2.3,3.2.4,3.6,3.7,3.12.10,3.13,9.6.4, Initial Decision 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, ;15:2 15.4 Initial Decision Maker,Definition of Liens 1.1:8 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 Initial Decision Maker,Decisions Limitations,Statutes of 14.2 4,_151.4 2, 152 1, 152.2, 15.2.3,.15.2.4, 15.2.5 12.2.5, 15.1.2, 15.4.1.1 Initial Decision Mak .-:Extent of Apthority Limitations of Liability 14,2 4, 15 1.4 2, 15.2.1, 15.2 2, 15.2.3,15.2.4, 15.2.5 3.2.2,3.5,3.12.10,3.12.10.1,3.17,3.18.1,4.2.6, Injury or Damage;to Person or Property 4.2.7,6.2.2,9.4.2,9.6.4,9.6.7,9.6.8, 10.2.5, 10.3.3, 1o2.8, 10:4 11.3, 12.2.5, 13.3.1 inspections Limitations of Time 313,33.3,'3.7.1,4.2.2,4.2.6,42.9,9.42,9.8.3, 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 9.9.2,910,1, 122.1,,13.4 5.2,5.3,5.4.1,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3, Instructions to Bidders 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15, 1:1:1 15.1.2, 15.1.3, 15.1.5 Instructions`to the Contractor Materials,Hazardous 3.2.4,`3.3.1,3.8.1,5.2 1,71 8 2 2;`12, 13.4.2 10.2.4,10.3 Instruments of Service;Ddmition of Materials,Labor,Equipment and 1.1.7 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Insurance 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 6`1:1,7.3.4,822;9.32 9.8.4,9.9.1,9.10.2,10.2.5,11 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance,Notice of Cancellation or Expiration Means,Methods,Techniques,Sequences and 11.14, 1113 Procedures of Construction Insurance,Contractor's Liability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 11:1 Mechanic's Lien Insurance,Effective Date of 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 8 2.2, 14 42 Mediation Insurance,Owner's Liability 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6,15.3, 15.4.1, 11.2 15.4.1.1 Insurance,Property Minor Changes in the Work 10.2.5, 11.2, 11.4, 11.5 1.1.1,3.4.2,3.12.8,4.2.8,7.1,7.4 Init. AIA Document A2010-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents'are s registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentO Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) MISCELLANEOUS PROVISIONS Owner's Right to Clean Up 6.3 1VMod<fications,Definition of Owner's Right to Perform Construction and to 1 1;1 Award Separate Contracts Mo itfications to the Contract 6.1 1.1.111.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, Owner's Right to Stop the Work 10 2.4 Mutual Responsibility Owner's Right to Suspend the Work 6:2, 14.3 Nonconforming Work,Acceptance of Owner's Right to Terminate the Contract 9 66,9.9.3,'123 14.2, 14.4 Nonconformmg'Work,Rejection and Correction of Ownership and Use of Drawings,Specifications T.412 5,3 5,`4 2 6,6 2 4;9.5.1,9.8.2,9.9.3,9.10.4, and Other Instruments of Service 12 2 1.1.1, 1.1.6, 1.1.7,1.5,2.3.6,3.2.2,3.11,3.17,4.2.12, Notice 5.3 2 2,22.3,2.2.4,2.5,3.2.4, Partial Occupancy or Use 331,374,375,392,31293.12.10,5.2.1,7.4, 9.6.6,9.9 8 22 9 6 8,;962.8, 10.3.2, 11.5, 12.2.2.1, Patching,Cutting and 13.4.1, 134.2,14.1; 14 2 27'14.4.2, 15.1.3, 15.1.5, 3.14,6.2.5 15,6, 15 4.1 Patents Notice of Cancellation orBxpiration of Insurance 3.17 11 1.4, 11 2~3 Payment,Applications for Notice of Glatms 4.2.5,7.3.9,9.2,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, '.,L,62,2.1.2.13.3.4 9:6 8,10 2.8,`15.1.3, 15.1.5, 15.1.6, 14.2.3, 14.2.4, 14.4.3 15 2:8, :5 3.2,`15 4.1 Payment,Certificates for Notice of T,esttng and Inspections 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, 13 4.1, 134:2 9.10.3, 14.1.1.3, 14.2.4 Observations,Contractor's' Payment,Failure of 3,2,'3 7 4, 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Occupancy '` Payment,Final 23`1,966,98, 4.2.1,4.2.9,9.10, 12.3, 14.2.4, 14.4.3 Orders,Written Payment Bond,Performance Bond and 4.1.1,2.4,39 2,7,2i8 2 2 11.5, 12 1,.12 22.1, 13.4.2, 7.3.4.4,9.6.7,9.10.3,11.1.2 14.3.1 Payments,Progress OWNER .` 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 2. PAYMENTS AND COMPLETION Owner,Definition of 9 2 11 Payments to Subcontractors Owner,Evidence of Financial Arrangements 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 2 2,a;13.2.2, I4 1.1.4 _ PCB Owner,Information and.1.:Services Required of the 10.3.1 2 1.2,2.2,2 3,3 2 2 3 12 10,6 1.3,6.1.4,6.2.5,9.3.2, Performance Bond and Payment Bond 9.61:,9.6.4,9.9.2,9.10 3, 10 3 3,�11.2, 13.4.1, 13.4.2, 7.3.4.4,9.6.7,9.10.3,11.1.2 14.1":1.4, 14:1 4,15.1.4 Permits,Fees,Notices and Compliance with Laws Owner's Authonty 2.3.1,3.7,3.13,7.3.4.4, 10.2.2 1:5,.2 1 1,23 32 4,2 513.4.2,3.8.1,3.12.10,3.14.2, PERSONS AND PROPERTY,PROTECTION OF 4i1t2,4.2.4,4 2 9,52 15.2.4,5.4.1,6.1,6.3,7.2.1, 10 7.3.1,8.2.2,8.3.1,9.3.2,9.5.1,9.6.4,9.9.1,9.10.2, Polychlorinated Biphenyl 10 32,114 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 10.3.1 15 2'.7 Product Data,Definition of Owner': Iasurance 3.12.2 A 2 Product Data and Samples,Shop Drawings Owner's Relationship with Subcontractors 3.11,3.12,4.2.7 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Progress and Completion Owner's Right to Carry Out the Work 4.2.2,8.2,9.8,9.9.1, 14.1.4, 15.1.4 2.5, 14.2.2 Progress Payments 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 Init. AIA Document A2010-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997i 2007 and 2017 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,""AIA,"the AIA Logo,"A201,"and`AIA Contract Documents"are 7 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08106/2020 under Order / No.6041490820 which expires on 10/0112020,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copydght@aia.org. User Notes: (947468621) Project,Definition of Separate Contracts and Contractors laz4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6,8.3.1, 12.1.2 Project Representatives Separate Contractors,Definition of 4 2:10 6.1.1 Property'Insurance Shop Drawings,Definition of 10.2 5,11.2 3.12.1 Proposal Requirements Shop Drawings,Product Data and Samples 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site,Use of 10 3.13,6.1.1,6.2.1 Regulations and Laws Site Inspections 15;23.2,323;3.6,37,3.12.10,3.13,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.9.2,9.4.2,9.10.1, 13.4 10:2 2,13 1 13 3,13 4 1,13.4.2, 13.5, 14,15.2.8,15.4 Site Visits,Architect's Rejechon of Work 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 4. 26, 1211 Special Inspections and Testing Releases and Waivers of Liens;; 4.2.6, 12.2.1, 13.4 93:1,9 10:2 Specifications,Definition of Representations 1.1.6 3.211 3 5,3.12 6,82 1,9 3`3;;9.4.2,9.5.1,9.10.1 Specifications Representatives ,` 1.1.1,1.1.6, 1.2.2, 1.5,3.12.10,3.17,4.2.14 Z IA, 3 1 1 3%4.1.1,4 2 10, 13.2.1 Statute of Limitations Responsibility for Those Performing the Work 15.1.2, 15.4.1.1 3 3,2,3 18,4 2 2,42 3,5 3;.6 1 3;6.2,6.3,9.5.1, 10 Stopping the Work Retainage 2.2.2,2.4,9.7, 10.3, 14.1 96.2,,9 8"5;9.9 1,-9 10:2,9.10.3 Stored Materials Rergw,,oP Contract Documents and Field 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Conditions byCon ractor. Subcontractor,Definition of 3.2312 ,` .1.3 " Review of Contractor's Submittals by Owner and SUBCONTRACTORS ,4chttect 5 3 1Q 1,3.10.2,3 11'.3 12,4.2,5.2,6.1.3,9.2,9.8.2 Subcontractors,Work by Review of Shop I)rawmgs:Product Data and Samples 1.2.2,3.3.2,3.12.1,3.18,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 6y'Contractor 9.6.7 3.12 Subcontractual Relations Rights and Remedies '; 5.3,5.4,9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 1 1`.2;2.4,2 5,3:5,31.4,3.,i5.2,4.2.6,5.3,5.4,6.1, Submittals 63,"731,8.3,9.5.1,9.7, 10.25, 103, 12.2.1, 12.2.2, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4,9.2,9.3,9.8, 122r4,13 3;'14,-15.4 9.9.1,9.10.2,9.103 Royalties,Patents and Copyrights Submittal Schedule 3 17 3.10.2,3.12.5,4.2.7 Rules'and Notices for Arbitration Subrogation,Waivers of 15.4.1 6.1.1,11.3 Safety of Persons and Properq ' Substances,Hazardous .2, 10 4 10 10.3 ,Safety Precautions'and Programs Substantial Completion 33.1,4.2.2;'4 2 7,'5 3 40.1, 10.2, 10.4 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, Samples,Definition of 15.1.2 3.12.3 Substantial Completion,Definition of Samples,Shop.Drawings,Product Data and 9.8.1 Substitution of Subcontractors ,,ample&af theSite,Documents and 5.2.3,5.2.4 3 11 Substitution of Architect Schedulepf values 2.3.3 9.2,9.3.1 Substitutions of Materials Schedules,Construction 3.4.2,3.5,7.3.8 3.10,3.12.1,3.12.2,6.1.3, 15.1.6.2 Sub-subcontractor,Definition of 5.1.2 Init. AIA Document A201®—2017.Copyright @ 1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,'"AIA,`the AIA Logo,"A201,"and"AIA Contract Documents"are 8 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on OS/06/ =under Order f No.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) ........................... Subsurface Conditions Time Limits 37.4 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, Wg Mndeut s and Assigns5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3,9.4.1, 9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15.1.2,15.1.3, 15.4 3 9,10.2.6 Time Limits on Claims Supervision and Construction Procedures 3.7.4, 10.2.8, 15.1.2, 15.1.3 1.22,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, Title to Work 8.21 8.3.1,9.4.2, 10, 12, 14, 15.1.4 9.3.2,9.3.3 Suppliers 00 _ UNCOVERING AND CORRECTION OF WORK ;_ 15 3.12.1, 4.26,- .1,9.3,9.4.2,9.5.4,9.6, 12 9 10.5, 14 2 1" Uncovering of Work Surety 12.1 5 4:1 2,9 6 8,9 8 5;9 I0.2,9.10.3, 11.1.2, 14.2.2, Unforeseen Conditions,Concealed or Unknown 15 2.7 3.7.4,8.3.1, 10.3 Surety,Consj—ient of a Unit Prices 9,85,9102z91�03° ;; 7.3.3.2 9.1.2 sSurveys Use of Documents 117,234 1.1.1, 1.5,2.3.6,3.12.6,5.3 Suspens<on by the Owner for Convenience Use of Site K 3.13,6.1.1,6.2.1 Suspensi&n 6f the Work Values,Schedule of 375,542,;143 * z " 9.2,9.3.1 Suspension'or Tetminahon of the Contract Waiver of Claims by the Architect 5 4.1 1, 14 Mu 13.3.2 Taxes Waiver of Claims by the Contractor 36;38217344x 9.10.5, 13.3.2,15.1.7 Teruunation by the Contractor Waiver of Claims by the Owner 141 15 1 7 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.3.2, 14.2.4,15.1.7 Terinmatlon by the_Owner for Cause Waiver of Consequential Damages 5 4 1 1,14.2,15.1.7 14.2.4; 15.1.7 Term>fnation by the Ownectfor Convenience Waiver of Liens 14.4 9.3,9.10.2,9.10.4 Termination-of the Architect Waivers of Subrogation 2.3.3 z, 6.1.1,11.3 Termmahon':of the Contractor Employment Warranty 14.2 2 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.2,9.10.4, 12.2.2, 15.1.2 TERMINATION OR SUSPENSION OF THE Weather Delays CONTRACT 8.3, 15.1.6.2 14 _ Work,Definition of Tests and Inspectious 1.1.3 3.1;3,3.3.3,371,422,42;6,42<9,9.4.2,9.8.3, Written Consent 99.2,91.O.F; 103:2, 122.1,"13.4 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.10.3, TIME ;< 13.2, 13.3.2, 15.4.4.2 8 =,. Written Interpretations Time,Delays and Extensions of 4.2.11,4.2.12 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.79 Written Orders 10 3:2, 10 4, 14 3;.2, 15A.6, 15.2.5 1.1.1,2.4,3.9,7,8.2.2, 12.1, 12.2, 13.4.2; 14.3.1 Init. AIA Document A2010—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,.1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of.Architects.All rights reserved.The"American Institute of Architects;"AIA,"the AIA Logo,"A201 and"AIA Contract Documents'are 9 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order Na.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) ARTICLE 1 GENERAL PROVISIONS § 1,.1 Basic Definitions §�'4. "f The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement, anA`Mddifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract 'signed by both parties,(2)a Change Order,(3)a Construction Change Directive,or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents donot include,the advertisement or invitation to bid,Instructions to Bidders,sample forms,other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or portions of Addenda relating to bidding or proposal requirements. g Contract The:Contract Documents forth the Contract for Construction.The Contract represents the entire and integrated agreement Between the parties hereto and supersedes prior negotiations,representations,or agreements,either written or,oral The Contract may b"e amended or modified only by a Modification.The Contract Documents shall not be construed to,create a contractual relationship of any kind(1)between the Contractor and the Architect or the Architect's'consultants,(2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the:Architect or the Architect's consultants,or(4)between any persons or entities other than the Owner and the Contractor.:The"Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended'to facihtate performance of the Architect's duties. § 1:1 3 The Work The term"Wormeans the;construction and services required by the Contract Documents,.whether completed or partially completed;and includes all other labor,materials,equipment,and services provided or to be provided by the Contractor to fulfill:the'ConiAefor's obligations.The Work may constitute the whole or a part of the Project. § 1.14 The Project Th6 Project'is the total construction of which the Work performed under the Contract Documents may be the whole or apart and which may include construction by the Owner and by Separate Contractors. § 1 '.t The Drawings The Drawings are_.the graphic and pictorial portions of the Contract Documents showing the design,location and - "dimensions of,the Work,generally including plans,elevations,sections,details,schedules,and diagrams. § ,I'A.8 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards and workmanship for the Work,and performance of related services. Instruments: of Service. Instruments`'ofService are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective :professional services agreements.Instruments of Service may include,without limitation,studies,surveys,models, sketches,d4v6ings;specifications,and other similar materials. § 11.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance-with-Section 15.2.The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not-beliable for results of interpretations or decisions rendered in good faith. § 1.2 Correiatton and Intent of the Contract Documents § 121 The,fi tent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order 10 ! No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions.If it is determined that any provision of the Contract Documents violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Contract Documents shall be construed,to the fullest extent permitted by law,to give effect to.=the parties'intentions and purposes in executing the Contract. § 12 2'brganization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade § 12 3 Unless`otherwise`stated in the Contract Documents,words that have well-known technical or construction 'in d'ustry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1 3 Capitilizahon Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles,or(5)the titles of other documents published by the American Institute of Architects. § 1.4 Interpreta ion 1n the mteest of breveh'the,Contract Documents frequently omit modifying words such as"all"and"any"and articles such as"the"and;"an,"but'tM fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the�nferpretation of either statement. § 1 Ow;5 nership and Use of Drawings,Specifications,and Other Instruments of Service § 1.61 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instrumentsof Service,mcluding the Drawings and Specifications,and retain all common law,statutory,and other reserved rights n their Instruments of Service,including copyrights.The Contractor,Subcontractors, Sub'subcontractors;and suppliers shall not own or claim a copyright in the Instrtments of Service.Submittal or distinbuhon;to meet officials"egulatory requirements or for other purposes in connection with the Project is not to be construed as publication in,,, erogation of the Architect's or Architect's consultants'reserved rights. § 15 2 The Contractor,Subcontractors,Sub-subcontractors,and suppliers are authorized to use and reproduce the Instruments of Service provided to them;subject to any protocols established pursuant to Sections 1.7 and 1.8,solely arid'exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice,if any;shown,on the Instruments of Service.The Contractor,Subcontractors,Sub-subcontractors,and suppliers may not use tWJnstruments,of Service on other projects or for additions to the Project outside the scope of the Work without the'specific'wntten'consent of the Owner,Architect,and the Architect's consultants. § 16 Notice § 1.61 Except as otherwise'provided in Section 1.6.2,where the Contract Documents require one party to notify or give notice fo the other party,such notice shall be provided in writing to the designated representative of the party to .whom the notice is:addressed and shall be deemed to have been duly served if delivered in person,by mail,by courier, or by electronic transmission if Itmethod for electronic transmission is set forth in the Agreement. Notice of,Clauns as'provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served`only if delivered to the designated representative of the party to whom the notice is addressed by certified orregistered mail;°or Uy courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The;parties,shallagree upon protocols governing the transmission and use of Instruments of Service or any other mfoimation of documentation in digital form.The parties will use AIA Document E203Tm-2013,Building riformarion`Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of:digital data. § 1.8 Building Information Models Use and Reliance Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203T'4-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document Init. AIA Document A201®—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 11 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order / No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) G202Tm -2013,Project Building Information Modeling Protocol Form,shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE':=2 OWNER 2.1 General § 2:1 1'The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract 'Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization.Except as otherwise provided in Seetion 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner orthe Owner's``authorize- representative. § 2.1.2 TheOwner shall furnish to the Contractor,within fifteen days after receipt of a written request,information necessary and relevant for"the Contractor to evaluate,give notice of,or enforce mechanic's lien rights. Such mfonnah on,shall ip"chi e a coi'Tect statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. 2.2 EVIdence of the Owner's'Financial Arrangements ;§ 2 21 Prior to commencers ent of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract:-The Contractor shall have no obligation to commence the Work until the Owner provides such evidence If commencement of the Work is delayed under this Section 2.2.1,the Contract Time shall be extended approately pn , V2.222 Following`commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the;Contractor'reasonabl'e evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract"only if )'the'Owner fails to make payments to the Contractor as the Contract Documents require; :(2)the Contractor identifies-in writing a reasonable concern regarding the Owner's ability to make payment when due; or(3)a„change in.the Wbrkmaterially changes the Contract Sum.If the Owner fails to provide such evidence,as required,within fourteen d&ys of the Contractor's request,the Contractor may immediately stop the Work and,in that event,sfiall notify,the Owner that the Work has stopped.However,if the request is made because a change in the Work matenah` changes;the Contract Sum under(3)above,the Contractor may immediately stop only that portion of the Work affected by;. e change until reasonable evidence is provided.If the Work is stopped under this Section 2.2.2,the ;ContractyTime shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2,the Owner shall not matenally vary such financial arrangements without prior notice to the Contractor. § 2 2 4 Where the Owner has designated information furnished under this Section 2.2 as"confidential,"the Contractor shall keep the information confidential and shall not disclose it to any other person.However,the Contractor may disclose"confidential"information,after seven(7)days'notice to the Owner,where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or by court or arbitrators)order.The Contractor may also disclose"confidential"information to its employees,consultants, sureties,"Sulicontractors and their employees,Sub-subcontractors,and others who need to know the content of such information:,soldly 'exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, hicludmg those required under Section 3.7.1,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. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture,or an entity lawfully practicing architecture,in the jurisdiction where the Project is located.That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. Init. AIA Document A201®-2017.Copyright @ 1911,1915,1918.1925,1937,1951,1958,1961.1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,'"AIA;the AIA Logo,"A201,"and"AIA Contract Documents"are. 12 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order +' No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'D Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) ...................... § 2.3.3 If the employment of the Architect terminates,the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. P� The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for thesite=of the Project,and.a legal description of the site.The Contractor shall be entitled to rely on the accuracy of mfonnation furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Worlc.:` § 2.3.5 The Owner shall,flunish information or services required of the Owner by the Contract.Documents with reasonable promptness The Owner shall also famish any other information or services under the Owner's control and relevant to the'Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. r r ' § 2 3 6 Unless othervtrtse°provided in the Contract Documents,the Owner shall furnish.to the Contractor one copy of the Contract;Documents forpnrposes of making reproductions pursuant to Section 1.5.2. Owner's Rlghf to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by'Sechon'12 2 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may'issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been ehuntna'ted;however;the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner zto.exerclse this nghtfor the bene it of the Contractor or any other person or entity,except to the extent required by Section 6 1 3 r § 2 5 Owner's Rtght to Carry Out the Work If the Contractor defaults or neglects to cart'out the Work in accordance with the Contract Documents and fails within a ten dayEpenod afterTeceipt of notice from the Owner to commence and continue correction of such default or ne lhgence and prromptness.the Owner may,without prejudice to other remedies the Owner may have, correct such default or neglect.Such action by the Owner and amounts charged to the Contractor are both subject to . prior approval of the;Architect and the Architect may,pursuant to Section 9.5.1,withhold or nullify a Certificate for Payment m whole or in-part,to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such d6fidi6ndids'including Owner's expenses and compensation for the Architect's additional services made neces"s'ary by such default,neglect,or failure.If current and future payments are not sufficient to cover such amounts;the Contractor shall pay the dfferenceto the Owner.If the Contractor disagrees with the actions of the_ Owner or,the Architect;or the amounts claimed as costs to the Owner,the Contractor may file a Claim pursuant to '" Article 15 s k � , ARTICLE 3 CONTRACTOR The`Contractor a the person or entity identified as such in the Agreement and is referred to throughout the Contract Documentsas tf singular in number.The Contractor shall be lawfully licensed,if required in the jurisdiction where the Protect is'located,The"Contractor shall designate in writing a representative who shall have express authority to bind the`Contractor with respect to all matters under this Contract.The term"Contractor"means the Contractor or the Contractor's authorized representative. § 3.12 The Contracfor'shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, mspectfons or approvals required or performed by persons or entities other than the Contractor. ' § 3 2 616i,of Contract Documents and Field Conditions by Contractor Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed,and correlated personal observations with requirements of the Contract Documents. Init. AIA DocumentA201®-2017.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 13 registered trademarks and may not be used without permission.This document was produced by AIA software at 18.20:53 ET on 08/06/2020 under Order / No.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsa Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 3,2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the mformatfon furnished by the Owner pursuant to Section 2.3.4,shall take field measurements of any existing condttions related to that portion of the Work,and shall observe any conditions at the site affecting it.These .. obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the ,purpose-of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the W Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor's w; review is made in the Contractor's capacity as a contractor and not as a licensed design professional,unless otherwise a specifically provided th the Contract Documents. - r § 3 2 3 The'Contractoi is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances;codes rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly eport;to the Architect any nonconformity discovered by or made known to the Contractor as a request for mformahon'1n such form asXthe Architect may require. fl.2 4 If the Contractor believes that ditional cost or time is involved because of clarifications or instructions the Archttect tssues m response=to the C tractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, y the'Contractoi shale submi I As provided in Article 15.If the Contractor fails to perform the obligations of �y Secfrons 3 2µ2 or 3 2 3,the Contractor shall pay such costs and damages to the Owner,subject to Section 15.1.7,as would have been'avotded 1.fthe Contractor had performed such obligations.If the Contractor performs those obTtgahons,'the Contractor shall�not be liable to the Owner or Architect for damages resulting from errors, mconststeneies or omtsslons in.the Contract Documents,for differences between field measurements or conditions an the Contract Documents,or�for nonconformities of the Contract Documents to applicable laws,statutes, ordinances,:codes,rulesand regulations,and lawful orders of public authorities. § 3.3 Supervlslon and Constucton Procedures § 3:31 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Con"tractoc shall be�solely re ponsible for,and have control over,construction means,methods,techniques,sequences, andPprocedures,wand fof coordinating all portions of the Work under the Contract.If the Contract Documents give specific ustructions concerning construction means,methods,techniques,sequences,or procedures,the Contractor shall evaluate the Job'0 safety thereof and shall be solely responsible for the jobsite safety of such means,methods, teclntques 'sequences,or procedures If the Contractor determines that such means,methods,techniques,sequences or procedures may not be safe,the Contractor shall give timely notice to the Owner and Architect,and shall propose alternative means,methods,techntques,sequences,or procedures.The Architect shall evaluate the proposed alterative solely�fo conformance with the design intent for the completed construction.Unless the Architect objects to the Contractor's-proposed alternative,the Contractor shall perform the Work using its alternative means,methods, techuques,sequences,or procedures § 712 The'Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and;thetr agents:and employees,and other persons or entities performing portions of the Work for,or on behalf of;the Coritractoror any of its Subcontractors. § 3 3 3 The,Contractor shall be`responsible for inspection of portions of Work already performed to determine that such portions are proper condition to receive subsequent Work. § 3:4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,:equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent `ee' andwhethe�or,not incorporated or to be incorporated in the Work. Except mthe case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4,the Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Init. AIA Document A2010—2017.Copyright @ 1911,1915,1918,.1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects.'"AIA."the AIA Logo,"A201;and"AIA Contract Documents"are 14 registered trademarks and may not be used without permission..This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly skilted'in tasks assigned to them. Y % §:35 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor fiuther g q t3' q variants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not,conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for damage o;defect caused by abuse,alterations to the Work not executed by the Contractor,improper or msufficientmaintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect, the'Contractor shall fiunish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5 2 All material,equipment,or other special warranties required by the Contract Documents shall be issued in the naive of the"Owner,or shall be,transferable to the Owner,and shall commence in accordance with Section 9.8.4. h^ .p § 3,6 Taxes'' The,Contract.dr shall pay sales;consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect sales - a� (S hb t tnL✓tlrr,{ to eve �G�$ ,�'✓ § 3 7 Permits,Feesi-=Notices and Compliandb with-laws r7 l ntc �eth�w e ca rd in --Gentraet Doe-uments,the-Gentraetor"shall-secur"n&pay-for-the-building er it f s;li tasi✓s aEid imspeetions�by-govemmentagencies-riecessary for proper o f the W ric-that eustotnarily secured-after-execution ofthe=C-entract and-legally required �a 'i sgst Lions-eoneluded § 3 7 2 The Contractoi.shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and'lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and,regulations,or lawfi orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 37.4„Concealed-or Unknown Conditions If the C6ntractorllencounters.,conditions.at the site that are(1)subsurface or otherwise concealed physical conditions that differ materially from-those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nat&6 that differ niatenally=from those ordinarily found to exist and generally recognized as inherent in constructionactivities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner.and the Architect before conditions are disturbed and in no event later than 14 days after first observance bf the conditions The Architect will promptly investigate such conditions and,if the Architect determines that"they differ matenally:and_cause an increase or decrease in the Contractor's cost of,or time required for, performance:of anypart of`tlie Work,will recommend that an equitable adjustment be made in the Contract.Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially different from those indicated mthe Contract Documents and that no change in the terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may submit a Claim as provided in Article 15. § 3 7 5 If,mthe:course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers;archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend anyoperations that would affect them and shall notify the Owner and Architect.Upon receipt of such notice, the,Owner shall';promptly take any action necessary to obtain governmental authorization required to resume the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. Init AIA Document A2010—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of.Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 15 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. §.3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; A119%JMV4 JP P,4 1 nr.04Z WsVt .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit,and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances;and 3 y whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change..Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the,allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. § 3,8 3. Matenals and equipment under an allowance shall be selected by the Owner with reasonable promptness. r� } § 3.9 Superintendent § 3:91 The Contractor shal emp lloy a competent superintendent and necessary assistants who shall be in attendance at the"Project site during,perfoimance 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. § 3.9 2 The rContractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the -.name and qualifications of aproposed superintendent.Within 14 days of receipt of the information,the Architect may notify the Contractor,stating`whether the Owner or the Architect(1)has reasonable objection to the proposed superintendent or,(2)requires additional time for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice ofho,reasonable objection. § 3.9 3 The'Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not change the superintendent without the Owner's consent, which-shall not unreasonably be withheld or delayed. § 310 Contractor's,Construction and Submittal Schedules § 3.10:1 The Contractor,promptly after being awarded the Contract,shall submit for the Owner's and Architect's informaEion'a Contractor's construction schedule for the Work.The schedule shall contain detail appropriate for the -Project,including 0)the date of commencement of the Work,interim schedule milestone dates,and the date of Substantial Completion;(2)-.an-apportionment of the Work by construction activity;and(3)the time required for completion of each portion;of the Work-The schedule shall provide for the orderly progression of the Work to completion_"and shall not exceed time limits current under the Contract Documents.The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,shall submit a'submittal schedule for the Architect's approval.The Architect's approval shall not be unreasonably delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,,and(2)allow the Architect reasonable time to review submittals.If the Contractor fails to submit a submittal schedule,or fails to provide submittals in accordance with the approved submittal schedule,the Contractor shall nof`'be"entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 310 3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available,at the Project site,the Contract Documents,including Change Orders, Construction Change Directives,and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and the approved Shop Drawings,Product Data,Samples,and similar required submittals.These shall be in electronic form or paper copy,available to the Architect and Owner,and Init. AIA Document A201®-2017.Copyright©1911,1915,.1 M,1925,1937,1951,1958,1961,1963,1966,1970,1976,.1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 16 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08106/2020 under Order / No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsS9 Terms of Service.To report copyright violations,e-mail copyright@aia.erg. User Notes: (947468621) delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 111,Sbop Drawings,Product Data and Samples § 312.1:.Shop Drawings are drawings,diagrams,schedules,and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier,or distributor to illustrate some portion of the Work. Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams,and other information furmshed by the Contractor to illustrate materials or equipment for some portion of the Work. y §,3'12 3 Samples are physical examples that illustrate materials,equipment,or workmanship,and establish standards by which the Work,will be:'judged. § 3'.12 4 Shop Drawings,Product Data,Samples,and similar submittals are not Contract Documents.Their purpose is to flemonstrate 6. the Contractor proposes to conform to the information given and the design concept expressed in the'C ritract Documents fb those portions of the Work for which the Contract Documents require submittals.Review by the-Arc hitect is subject to;the limitations of Section 4.2.7.Informational submittals upon which the Architect is not expected to`take responsrveaction maybe so identified in the Contract Documents.Submittals that are not required by the,Contract,Documents maybe returned by the Architect without action. s § 3A 5 The Contractor shall review for compliance with the Contract Documents,approve,and submit to the Arclutect,;Shop Drawmgs,?J?oduct Data,Samples,and similar submittals required by the Contract Documents,in accordance with tlie`submittal schedule approved by the Architect or,in the absence of an approved submittal schedule;with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or,of.Separafe Contractos. § 3.12 6 By submitting��Data,uct Data,Samples,and similar submittals,the Contractor represents to the'Ownerand A;cliiteas(1)reviewed and approved them,(2)determined and verified als,fieldmeasurruction criteria related thereto,or will do so,and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of 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. § 312 8 The-'Work shall be is accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations,from the requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples,or similar submittals,unless the Contractor has specifically notified the Architect of such°.deviation at-the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the,Work,;or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall notbe relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples,or similar submittals,by the Architect's approval thereof. §l.12 9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples,or-similar'submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such notice,the Architect's approval of a resubmission shall not apply to such revisions. §,31210 The Contractor shall not be required to provide professional services that constitute the practice of architecture�or engineering unless such services are specifically required by the Contract Documents for a portion of the;Work or`untess the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for,constructibii eans,methods,techniques,sequences,and procedures.The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems,materials,or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"ALA Contract Documents"are 17 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order / No.6041490820 which expires on 1 0/0 112 0 2 0,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyHght@aia.org. User Notes: (947468621) specify all performance and design criteria that such services must satisfy.The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents.The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings,calculations,specifications,certifications,Shop Drawings,and other'submittals prepared by such professional.Shop Drawings,and other submittals related to the Work,designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the,, hitect.The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications,and approvals performed or provided by such design professionals,provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy.Pursuant to this Section 3.12 10,the Architect will review and approve or take other appropriate action on submittals only for the kin lrmited purpose of checg for conformance with information given and the design concept expressed in the Contract Documents:- the Contract�Documents require the Contractor's design professional to certify that the Work has been § 3:1210 2 If performed m accordance with;the design criteria,the Contractor shall furnish such certifications to the Architect at the trine and ui:the form specified by the Architect. 5 §313 Use'of Site The`Contractor shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances,codes, rules and regulations,lawfiil'orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with`materials'or equipment. � § 3�14 Cuttln §`3141 The Contractor shall be responsible for cutting,fitting,or patching required to complete the Work or to make its parts fit together,properly;:`All areas requiring cutting,fitting,or patching shall be restored to the condition existing prior to the cutting;fitting'orpatching,unless otherwise required by the Contract Documents. § 3.14 2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the.Qwner or'Separate Contractors by cutting,patching,or otherwise altering such construction,or by excavation.'The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor.Consent shall not be unreasonably withheld.The Contractoi shall not unreasonably withhold,from the Owner or a Separate Contractor,its consent to cutting or otheiwise'altenng the Work. 3.15 Clealning Up §.315.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations underthe Contract.At completion of the Work,the Contractor shall remove waste materials,.rubbish,the Coritractor's'"fools,construction equipment,machinery,and surplus materials from and about the Project: § 3.15.2 If the Contractor fails.to clean up as provided in the Contract Documents,the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever 1`ocated. § 3.17 Royalties, Patents and Copyrights The:Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not:be iesporisible for defense or loss when a particular design,process,or product of a particular manufacturer or manufacturers is"required by the Contract Documents,or where the copyright violations are contained in Drawings, Specifications,or other documents prepared by the Owner or Architect.However,if an infringement of a copyright or patent is discovered by,or made known to,the Contractor,the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Init. AIA Document A2010—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970.1976,1987,1997,2007 and 2017 by The American-Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and'AIA Contract Documents"are 8 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires an 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 3.18Indemnification (Paragraph deleted) § 318 To the fullest extent permitted by law,the Contractor agrees to indemnify,defend and hold the County and its departments,elected and appointed officials,employees,agents and volunteers,harmless from and against any and all claims,:damages,losses and expenses,including but not limited to court costs,attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which 1)are caused in whole or in part by .any='act or omission, negligent or otherwise, of the Contractor, its employees, agents or volunteers or Contractor's subcontractors and then employees,agents or volunteers;or 2)are directly or indirectly arising out of,resulting from, or in connection with performance of this Agreement;or 3)are based upon the Contractor's or its subcontractors'use of;presence-upon or proximity to the property of the County for the value of the contract or$1,000,000,whichever is less. This indemnification oobligation of the Provider shall not apply in the limited circumstance where the claim, damage,loss or,,=pense is;caused by the sole negligence of the County.In the event of the concurrent negligence of the,Contractor,rts subcontractors,employees or agents,and the County,its employees or agents,this indemnification obligation;of the Contractor;shall be valid and enforceable only to the extent of the negligence of the Contractor,its subcontractors,employees:ari&agents. This indemnification obligation of the Contractor shall not be limited in any way by the.Washington State,Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act,-disabilit'benefit actor other employee benefit act,and the Contractor hereby expressly.waives any muriumty afforded'by such acts. The foregoing indemnification obligations of the Contractor are a material mducement,:to County to enter into this Agreement, are reflected in the Contractor's compensation, and have been muti}ally negotiatedrby the parties. _ v The Contractor agrees.'all Contractor's indemnity obligations shall survive the completion,expiration or termination of tlits,Agreement,-:: :-In.the event the Contractor enters into subcontracts to the extent allowed under this Agreement,the Contractor's subcontractors shall�indemnify the County on a basis equal to or exceeding Contractor's indemnity obligations to the County All insurance coverage maintained°or.procured by Contractor or required of others by Contractor pursuant to this agreementshall be.endorsed to'de'lete the subrogation condition as to County, or must specifically allow the named insured to waive subrogation prior to a loss. §`3.18 2 In'clams against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Sub..contractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,the uidemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation,or benefits payable by or for the Contractor or a Subcontractor under workers'compensation acts, disability benefit acts,or other employee benefit acts. ARTICLE 4 ARCHITECT 41 General < § 41.1 The Architect;<s`the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.12 Dutigs,responsibilities,and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified,or extended without written consent of the Owner,Contractor,and Architect.Consent shall not he,unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. Init. AIA Document A201®-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 19 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order, / No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents's Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the,Owner,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have -control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. §_4.2.3 On the basis of the'site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents;(2)known deviations from the most recent construction schedule submitted by the Contractor, defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the WorkJ accordance with the requirements of the Contract Documents.The Architect will not have control'over or'charge of„and will not be responsible for acts or omissions of,the Contractor,Subcontractors,or - their agents or emp'loyees;"o"r any other persons or entities performing portions of the Work. r Ctimmuntcations The'Owner and Gontractorshall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the.Owner and the Contractor otherwise relating to the Project.Communications by and with the Arclutect's;consultantschall be through the Architect.Communications by and with Subcontractors and stipphers shall be through the,Contractor.Communications by and with Separate Contractors shall be through the Owner.,The Contract Documents may specify other communication protocols. § 43 5 Based on the.Architect's'evaluations of the Contractor's Applications for Payment,the Architect will review and certify jhe a"mounts due" a Contractor and will issue Certificates for Payment in such amounts. § 4.2 6 The Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect:considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance'with Sections 13,4.2 and 13.4.3,whether or not the Work is fabricated,installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to-it du or responsibility of the Architect to the Contractor Subcontractors suppliers, gty}. P tY PP , their agents or employees,or other persons or entities performing portions of the Work. § 4.2 7 The Architect will review and approve,or take other appropriate action upon,the Contractor's submittals such as Shop Drawings,ProductData,and Samples,but only for the limited purpose of checking for conformance with information,given and the design concept expressed in the Contract Documents.The Architect's action will be taken m accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details.such as dimensions and quantities,or for substantiating instructions for installation or ::performance of equipment or"systems,all of which remain the responsibility of the Contractor as required by the A. Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations"under Sections 3.3.3.5,and 3.12.The Architect's review shall not constitute approval of safety precautions or of anyconstruction means,methods,techniques,sequences,or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. The-Architect will prepare Change Orders and Construction Change Directives,and may order minor changes in the Work as provided in Section 7.4.The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and Init. AIA Document A2016—2017.Copyright @ 1911,1915,1918.1925,1937,1951.1968,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 20 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order 1 No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) assembled by the Contractor pursuant to Section 9.10;and issue a final Certificate for Payment pursuant to Section 9.10. § 4 2101f 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 Owner shall notify the Contractor of any change in the duties,responsibilities and limitations of authority of the Project representatives. -§4.211 The Architect will interpret and decide matters concerning performance under,and requirements of,the -Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made'in writiniw.`ithin any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of,and reasonably inferable from,the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and declslons;the Archltect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to'eL er,and will not be liable for results of interpretations or decisions rendered in good faith. § 4.213 The'Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed 1n'the Contract Documents. §,4 214 The Architect vhll review and respond to requests for information about the Contract Documents.The Architect's'response to,sucfi requests will be made in writing within any time limits agreed upon or otherwise with reasonable proriiptness,If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications m r`esponse o the requests for information. ARTICLE,5 , SUBCONTRACTORS § 5.1 Definitions § SAA A Subcontractor 1s,a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the.site.The term'•Subcontractor"is referred to throughout the Contract Documents as if singular in number and means,a Subcontractor oc an authorized representative of the Subcontractor.The term"Subcontractor"does not include a`Separate Contractor or the subcontractors of a Separate Contractor. A Sub subcontractor'is a person or.entity who has a direct or indirect contract with a Subcontractor to perform ` a portion of the Work atihe site The,term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 51Award-of Subcontracts and Other Contracts for Portions of the Work §`521,Unless otherwise stated'in the Contract Documents,the Contractor,as soon as practicable after award of the .Contract,shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work,including those who'are to furnish materials or equipment fabricated to a special design.Within 14 days of receipt of the information,the Architect may notify the Contractor whether the Owner or the Architect(1)has reasonable objection to any such proposed person or entity or(2)requires additional time for review.Failure of the Architect to=provide notice"in.the 14-day period shall constitute notice of no reasonable objection. § $2.2 The,Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable,and tliiely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable Jection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shallpropose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable ofperforming the Work,the Contract Sum and Contract Time shall be increased o''decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Tune,shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor,person,or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. Init. AIA Document A2010—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 21 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 5.3 Subcontractual Relations By'appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward'the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work that the Contractor,by these Contract Documents,assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract -agreement,the beneflu all rights,remedies,and redress against the Contractor that the Contractor,by the Contract Documents;:has,against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements wit h"Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be:bound "and,upon whiten request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents.Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 Contingent Asstgnmerit of Subcontracts § 5.41 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that :1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2-and;6nly for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor;and .2 ; assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and oblgattons under the subcontract. § 5.4 2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's com atio pensn shall be equitably adjusted for increases in cost resulting from the suspension. § 5,4.3 Upon assignment to.the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor"contractor or other enhty:'If the Owner assigns the subcontract to a successor contractor or other entity,the _... Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract.' " ARTICLE:6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.10wner's Right to Perform Construction and to Award Separate Contracts §.-6.11 The term"Separate donira6foi(s)"shall mean other contractors retained by the Owner under separate agreements:The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and with,Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract,including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. §,6.1 2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,tha;term 'Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner Contractor Agreement. § 60 3.The,,Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor w>tli'the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions AR its construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shalltIen constitute the schedules to be used by the Contractor,Separate Contractors,and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors,the Owner or its Separate Contractors Init. AIA Document A201®-2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The American Institute of Architects,'"AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 22 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order / No.6041490820 which expires an 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentO Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) shall have the same obligations and rights that the Contractor has under the Conditions of the Contract,including, without.excluding others,those stated in Article 3,this Article 6,and Articles 10, 11,and 12. § 6 2 Mutual Responsibility ,I,,a 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. w J,. §--6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly notify the Achitect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work.Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute;an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work.The Contractor shall not be responsible for discrepancies or defects mthe=construction or operations by the Owner or Separate Contractor that are not apparent. The,Contracfor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because.of the Contractor',s:delays,improperly timed activities or defective construction.The Owner shall be responsiblezto the Contractor1or costs the Contractor incurs because of a Separate Contractor's delays,improperly timed activities,damage to-the Work or defective construction. § 62 4 The Contractor shall.;promptly remedy damage that the Contractor wrongfully causes to completed or partially completed,constructon or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6 2 5 The,Owner and each,Separate Contractor shall have the same responsibilities for cutting and patching as are descnbt;d for the Contractorin Section 3.14. §'6.3 Owner's Rig,. to Clean Up If a,dispute apses,among the Contractor,Separate Contractors,and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the"Archtect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE VV.ORK § 7.1 General - § 71 1 Changes m-:the Work may be accomplished after execution of the Contract,and without invalidating the Contract;by Change Order,,Consduction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 712 A Change Order shall be based upon agreement among the Owner,Contractor,and Architect A Construction Change Direcrive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change m the Work may be issued by the Architect alone. § 7.1 3 Changes in the Work shall be performed under applicable provisions of the Contract Documents.The Contractorshall proceed promptly with changes in the Work,unless otherwise provided in the Change Order, Construction Change Directive,or order for a minor change in the Work. § 7.2 Change Orders 7.21;A Change,Order is a written instrument prepared by the Architect and signed by the Owner,Contractor,and Architect stating their agreement upon all of the following: 1 The change in the Work; :2 The amount of the adjustment,if any,in the Contract Sum;and 3,: The extent of the adjustment,if any,in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Init. AIA Document A201®—2017.Copyright©1911,1915„1918,1925,1937,1951,1958,1961,1963,1966,1970,1976;1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201".and"AIA Contract Documents"are 23 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order / No.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents,9 Terms of Service.To report copyright violations,e-mail copydght@aia.org. User Notes: (947468621) Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the..Work,_within the general scope of the Contract consisting of additions,deletions,or other revisions,the Contract Sum anil,;Contract Time being adjusted accordingly. A'Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. §=7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: 1 ":Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; Vi,,Unit pnces stated in the Contract Documents or subsequently agreed upon; y Costto be.determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or 4- As provided in Section 7.3.4. § 7.3 4 If the Contractor does•not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attnbutable to the'change,including,in case of an increase in the Contract Sum,an amount for overhead and plofit.aS set.forth ii► et�t;eif no>such�amountis=setmforth-int�Agreeman+�aa�oabl+;.amaunt.In such also un.er Section 7.3:.3.3,the Contractor shall keep and present,in such form as the Architect may case,,and prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs forthe purposes of this Section 7.3.4 shall be limited to the following: 1 ` Costs of labor,including applicable payroll taxes,fringe benefits required by agreement or custom, *VTworkers'.bompensation insurance,and other employee costs approved by the Architect; .2 • Costs of materials,supplies,and equipment,including cost of transportation,whether incorporated or consumed; . .3 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others;,-., :4 Costs of premiums for all bonds and insurance,permit fees,and sales,use,or similar taxes,directly related to the change;and 5 Costs of supervision.and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time,the Contractor may make a Claim in accordance with applicable provisions of Article 15. §7.3 6 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in 'e Construction ChangeDirective for determining the proposed adjustment in the Contract Sum or _. Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in.ContracOum and Contract Time or the method for determining them.Such agreement shall be"effective , ediately and shall be recorded as a Change Order. §-7.3.8 The amount,of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. § .7.3.9"Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor naay request payment for Work completed under the Construction Change Directive in Applications for Payment.The Architect wilt make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines,in the Architect's professional judgment,to be reasonably justified.The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a Claim in accordance with Article 15. Init AIA Document A2010—2017.Copyright©1911,1915,1918,1925,1937.1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 24 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10/0112020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for;all or any part of a Construction Change Directive. § .7.4 Minor Changes in the Work The:Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do`not involve an adjustment in the Contract Sum or an extension of the Contract Time.The Architect's order for minor changes shall be:in writing.If the Contractor believes that the proposed minor change in the Work will affect the ct Contract Sum or ContraTime,the Contractor shall notify the Architect and shall not proceed to implement the change in the Work.If tlie-Contractor performs the Work set forth in the Architect's order for a minor change without prior notice;to tke Archtdc"that such change will affect the Contract Sum or Contract Time,the Contractor waives any adjustmentto;the Contract'Sum or extension of the Contract Time. ` ARTICLE'8 '` TIME § $1 Definitions Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the ContractDocuments for-Substantial Completion of the Work. § 8.12 The date oflcommeneement of the Work is the date established in the Agreement. § 8.11 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. §'811 4 The term"day"as used-in the Contract Documents shall mean calendar day unless otherwise specifically defined.', § 8.2 Progress and Completion <: § 821 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement, thd.Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2 2 The Contractor shall-riot knowingly,except by agreement or instruction of the Owner in writing,commence the°Work prior to,the effective date,of insurance required to be famished by the Contractor and Owner. r §,8.2 3 The,Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the,Contract Time. § 83 Delays and Extensions of Time § �8,31 If the Contractor is delayed at anytime in the commencement or progress of the Work by(1)an actor neglect of the Owner or Architect,of art employee of either,or of a Separate Contractor;(2)by changes ordered in the Work; (3);liy labo `disputes,fire,unusual delay in deliveries,unavoidable casualties,adverse weather conditions documented in accordance-with Section 15A.6.2,or other causes beyond the Contractor's control; (4)by delay authorized by the Owner pending mediation and binding dispute resolution;or(5)by other causes that the Contractor asserts,and the Architect determines,justify'delay then the Contract Time shall be extended for such reasonable time as the Architect may"determine. Claims'relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the .Contract.Documents. ARTICL 9 E PAYMENTS AND COMPLETION a. Contract Sum § 911 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. Init. AIA Document A2010—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 25 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail copydght@aia.org. User Notes: (947468621) § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. §:9.1366dule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit a schedule of values to the Architect before the first Application for Payment,allocating the entire Contract Sum to the various portions of the Work.The schedule of values shall be prepared in the form,and supported by the data to substantiate its accuracy,required by the Architect.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment.Any changes to the schedule of values shall be submitted to the.Architect and supported by such data to substantiate its accuracy as the Architect may require,and unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment § 9:3 Applications for Payment„ § 931 At least ten days beforethe date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9 2for completed portions of the Work.The application shall be notarized,if required,and supported by all data sub''stanriatingfhe Contractor's right to payment that the Owner or Architect require,such as copies of raquisirions;and releases and waivers of liens from Subcontractors and suppliers,and shall reflect retainage if provided form the Contract Documents. provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work"that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included"in Change Orders. § 9:312 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor°does,not mtend':to`pay a Subcontractor or supplier,unless such Work has been performed by others whom the:Contractor intends to pay: § '9.3 2 Unless otherwise.provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance -by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing:Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or.otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage, andtransportation to the site,for.such materials and equipment stored off the site. § 9.3 3 The Contractor warrants thattitle to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's;knowledge,information,and belief,be free and clear of liens,claims,security interests,or encumbrances,in favor of,th6 Contractor,Subcontractors,suppliers,or other persons or entities that provided labor, materials,and equipmentrelating to the Work. §'9.4 Certificates foe Payment § 9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either(1)issue to the Owner a Certificate for Payment in the full amount of the Application for Payment,with a copy to the Contractor;or(2),issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due;and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9 5.1,4,{3)withhold certification of the entire Application for Payment,and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based on the Architect's evaluation of the Work and the data in the Application for Payment,that,to the best of the Architect's knowledge,information,and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount Init. AIA Document A201®—2017.Copyright©1911,1915,1918,1925,1937,1951.1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,'"AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 26 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08106/2020 under Order ! No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) certified.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion,and to specific qualifications expressed by the Architect. Howeveril e issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;(2)reviewed construction means,methods,techniques,sequences,or procedures;(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; - •OV(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract;Sum. § 9'.5 Decisions"to Withhold Certification § 9651 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if m"tfie Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made If the;Architect rs.unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as-provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount, the Architect willpromp`tWi`ssue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner'The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence;may�nullify the.whole or a part of a Certificate for Payment previously issued,to such extent as maybe 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 Woik:hot remedied; 2 fiord party clauns filed or reasonable evidence indicating probable filing of such claims,unless security acceptable to" he;Owner is provided by the Contractor; 3" 4fidilure of the,6ntractor to make payments properly to Subcontractors or suppliers 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 a Separate 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 repeated`failure to carry out the Work in accordance with the Contract Documents. § 9 5 2 When ertherparty disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1,in wfi'ole orin part,that partymay submit a Claim in accordance with Article 15. 9.5 3 Whenthe"reasons for withholding certification are removed,certification will be made for amounts previously withheld - § 9.5.41f.the Architect wrthliolds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, issuelointchecks"to`the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered.If the Owner makes payments by Joint check,_the Owner shall:notify the Architect and the Contractor shall reflect such payment on its next Application for Payment'. . § 9.6 Progress Payments § 9.61 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the tinie provided in the Contract Documents,and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will,on request,famish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. Init. AIA Document A201®—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"'AIA:the AIA Logo,"A201,".and'AIA Contract Documents'are 27 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 1010112020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subctontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work.If the Contractor fail'" o furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to pay,of to see to the payment of money to,a Subcontractor or supplier,except as may otherwise be required by law. § 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9:6Sand 9.6.4. § 9:6.6 A Certificate:6 ?ayment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not,constitute;acceptance of Work not in accordance with the Contract Documents. §'9.6 7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the,,Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both, under contract with;the Contractor for which payment was made by the Owner.Nothing contained herein shall require rritiney to be placed.m a separate account and not commingled with money of the Contractor,create any fiduciary liability or tort liability on.tlie.part of the Contractor for breach of trust,or entitle any person or entity to an award of punitive damages agauist ihe;Contractor for breach of the requirements of this provision. § 9.6 8 provided the Owner has'fulfilled its payment obligations under the Contract Documents,the Contractor shall defend and indemnify the`Ownerfrom all loss,liability,damage or expense,including reasonable attorney's fees and litigation expenses;ansmg out:of any lien claim or other claim for payment by any Subcontractor or supplier of any tie .Upon:receipt of notice of a lien claim or other claim for payment,the Owner shall notify the Contractor.If approved by the applicable court,when required,the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 0 Fallure of Payment If the Architect doe's not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents,the amount certified by the Architect or awarded by binding dispute resolution,:then the;Contractor may,upon seven additional days'notice to the Owner and Architect,stop the Work until payment of the amounf.owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased,by the amount of the Contractor's reasonable costs of shutdown,delay and start up,plus interest as•provided•for in the Contract Documents. § 9.8 Substantial Completion .: , § 9.8.1,Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently'coinplete in accordancewith the Contract Documents so that the Owner can occupy or utilize the Work for its intended Use. § 9,8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of -items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that;the Owner c`an occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall, before issuance of the Certificate of Substantial Completion,complete or correct such item upon.notification by the Architect in such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial;Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion-,establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance;and fix the time Init. AIA Document A2010-2017.Copyright @ 1911.1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201."and"AIA Contract Documents"are 28 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsa Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract_Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless:otherwise provided in the Certificate of Substantial Completion. § 9.8.5 Tle Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate.Upon such acceptance,and consent of surety if any, the:Owner shall make payment of retainage applying to the Work or designated portion thereof.Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9,9 Partial:Occupancy or,Use §.49.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when Isdesi such portion guated by separate agreement with the Contractor,provided such occupancy or use is consented to by`the insurer and authorized by public authorities having jurisdiction over the Project.Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in venting the responsibilities assigned to each of them for payments,retainage,if any,security,maintenance, heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of ae'Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially}complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.:8.2 Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the,progress'of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement isl reached,by decision of the Architect. § 9.9 2 Imniediately.prior to such partial occupancy or use,the Owner,Contractor,and Architect shall jointly inspect the:area to, a occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9 9 3 Unless otherwise agreedupon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Wofk.not complying with the requirements of the Contract Documents. §;9.10 Final Completion and Final Payment § 9.101 Upon receipt,of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt ofa final Apphcahoii"for Payment,the Architect will promptly make such inspection.When the Architect finds the Work acceptable under tfie Contract Documents and the Contract fully performed,the Architect will promptly issue a finah"Certificate for Payment,stating that to the best of the Architect's knowledge,information and belief,and on the bass:of the Architect's on-sfe.visits and inspections,the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's,final Certificate for Payment will constitute a further representation that conditions listed in`Section 9.10.2 as precedent to the:Contractor's being entitled to final payment have been fulfilled. § 9.10 2'Neitlier final;payment nosey 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 'Work for which;the Owner;or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid-or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect,(3)a written statement that the Contractor knows of na rea'son that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety;.if any,to final payment,(5)documentation of any special warranties,such as manufacturers' warranties or specific'Subcontractor warranties,and(6)if required by the Owner,other data establishing payment or -satisfaction of obligations,such as receipts and releases and waivers of liens,claims,security interests,or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to-the'Owner to indemnify the Owner against such lien,claim,security interest,or encumbrance.If a lien, claiI ,security interest,or encumbrance remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien,claim,security interest,or encumbrance,including all costs and reasonable attorneys'fees. § 9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Init. AIA DocumentA201®-2017.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects, "AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 29 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order I No.6041490820 which expires on 10/0112020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) Contract,make payment of the balance due for that portion of the Work fully completed,corrected,and accepted.If the.remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. .. --§ 9:10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens,Claims,security interests,or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; 3 terms of special warranties required by the Contract Documents;or 4 ' 'audits performed by the Owner,if permitted by the Contract Documents,after final payment. § 9.10 5 Acceptance of final,payment by the Contractor,a Subcontractor,or a supplier,shall constitute a waiver of claims by"that payee except,those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment !, ART..ICLE 1,0 PROTECTION OF PERSONS AND PROPERTY § 101 Safety'Precaut ions:,and Programs The Contractor sliall be responsible for initiating,maintaining,and supervising all safety precautions and programs in connection with•the.performance of the Contract. §-U 2 Safety of Persons and'<Property §,10 21 The Contractorshaltfake reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,>imury,or loss to 1, `employees on the Work and other persons who may be affected thereby; .2 the. or and'materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody,or control of the Contractor,a Subcontractor,or a Sub-subcontractor;and 3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, structures,and utilities not designated for removal,relocation,or replacement in the course of construction.'.. § 10 2.2 The Contractor-shall comply with,and give notices required by applicable laws,statutes,ordinances,codes, rifles and regulations,and lawful orders of public authorities,bearing on safety of persons or property or their protection from'dam'age,m*J ry,or'loss. § 102.3 The Contractor shall implement,erect,and maintain,as required by existing conditions and performance of te`Gontraot reasonable safeguards:for;'safety and protection,including posting danger signs and other warnings ins at;liazards;promulgating-safety regulations;and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10 2.4 When use or,storage of-explosives or other hazardous materials or equipment,or unusual methods are necessary for execution of the°Work,the Contractor shall exercise utmost care and carry on such activities under supervision:ofproperly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them:or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10 2 1 2,and 10.2.1.3.The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable,and not attributable to the'fault or"negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. Init. AIA Document A2011D-2017.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 30 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order 1 No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) ........ .....11 .... ,._.... ....... ....... .. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be-.the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by'the Contractor in writing to the Owner and Architect. � 4 § 10:2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create.an unsafe condition. ,r § 102.8 Injury or Damage to Person or Property Neither party suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,notice of the injury or damage,whether or not insured,shall be given to the'other party-within a reasonable time not exceeding 21 days after discovery.The notice shall provide guff cient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.31 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances.If the Contractor encounters a hazardous material or substance not addressed inae Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily 1.injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated'biphenyl(PeB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the condihon,immediately stop;Work in the affected area and notify the Owner and Architect of the condition. § 10:3.2 Vpon receipt of the,Contractor's notice,.the Owner shall obtain the services of a licensed laboratory to verify ,Ie:preseace or absence of the material or substance reported by the Contractor and,in the event such material or substance'is found to be present,to cause it to be rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall ftunish in writing to the Contractor and Architect the names and qualifications of persons or entities who are fo perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance.The Contractor and the Architect will s promptly reply to the Owner;in writing stating whether or not either has reasonable objection to the persons or entities proposed,by;the Owner If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When,the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.;By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by,the amount of the Contractor's reasonable additional costs of shutdown,delay,and start-UP §-1,0.3 3 To the fuflestextent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants,and agents and employees of any of them from and against claims, damages,losses,and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance.of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.�1 and has not been rendered harmless,provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself);except to the extent that such damage,loss,or expense is due to the fault or negligence of the party seeking indemnity.. § .10.3 4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings,to'the site unless such materials or substances are required by the Contract Documents.The Owner shall be responsible for:hazardous materials or substances required by the Contract Documents,except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. The. Contractor shall reimburse the Owner for the cost and expense the Owner incurs(1)for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to perform its obligations under Section 10.3.1,except to the extent that the cost and expense are due to"the Owner's fault or negligence. § 10.3.6 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall reimburse the Contractor for all cost and expense thereby incurred. Init. AIA Document A2018—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"."AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 31 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:63 ET on 08/06/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) §.1 QA Emergencies In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury,or loss.Additional compensation or extension of time claimed by the Contractor on °.account'of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS §=11.1 Contractor's Insurance and Bonds § 1,1.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability,containing the endorsements;-.and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Contractor shall purchase and maintain the required insurance from an insurance company or in urance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Owner,Architect,and Architect's consultants shall be named as additional insureds under the Contractor's commercialgeneral:liability.policy or as otherwise described in the Contract Documents. §�11 1 2 The Contractor shall provide surety bonds of the types,for such penal sums,and subject to such terms and conditions as required by t)e Contract Documents.The Contractor shall purchase and maintain the required bonds 'from a company or companies`lawfully authorized to issue.surety bonds in the jurisdiction where the Project is located., § 111 3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of 'bbligations ansing under the'Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance.Within three(3)business days of the date the Contractor becomess aware of an impending or actual cancellation or expiration of any insurance required by the.'Contract Documents,the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration:,Upon receipt of notice from the Contractor,the Owner shall,unless the lapse in coverage arises from an act or omission-of the Owner,have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor.The furnishing of notice by the Contractor shall not relieve the.Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner's Insurance § 1.1.2.1 The_Owner shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully'authorized fdissue,insurance in the jurisdiction where the Project is located. § 11 2 2 Fa'llure to Purchase Required Property Insurance.If the Owner fails to purchase and maintain the required property insurance,with.all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents,the Owner shall inform the Contractor in writing prior to commencement of the Work.Upon receipt of notice from'the Owner;-the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor,Subcontractors,and Sub-Subcontractors in the Work.When the failure to provide.coverage has been cured or resolved,the Contract Sum and Contract Time shall be equitably adjusted.In the event the Ownerfails to procure coverage,the Owner waives all rights against the Contractor,Subcontractors,and Sub-subcontractors Ito the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner.'The cost of the insurance shall be charged to the Owner by a Change Order.If the Owner does not provide written notice,and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance,the Owner shall reimburse the Contractor for all reasonable costs and damages attributable!thereto. § 112 3 Notice ofCancellation or Expiration of Owner's Required Property Insurance.Within three(3)business days of the date the bwner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents,the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration.Unless the lapse in coverage arises from an act or omission of the Contractor:(1)the Contractor,upon receipt of notice from the Owner,shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor;(2)the Contract Time Init. AIA Document A201®-2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 32 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order / No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) and Contract Sum shall be equitably adjusted;and(3)the Owner waives all rights against the Contractor, Subcontractors,and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it riot;expired or been cancelled.If the Contractor purchases replacement coverage,the cost of the insurance shall be charged to the Owner by an appropriate Change Order.The famishing of notice by the Owner shall not relieve the t ;Ownerof any contractual obligation to provide required insurance. § 91.'Waivers of Subrogation =- §A.13.1 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors, sub-subcontractors,agents,and employees,each of the other; (2)the Architect and Architect's consultants;and(3) Separate Contractors,if any,and any of their subcontractors,sub-subcontractors,agents,and employees,for damages caused by fire,or other causes of loss,to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project,except such rights as they have to proceeds of such insurance The Owner or,`Contractor,as appropriate,shall require similar written waivers in favor of the individuals •andentiti6s identifedabove from the Architect,Architect's consultants,Separate Contractors,subcontractors,and sub-subcontractors The,policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation.This waiver of subrogation shall be effective as to a person or entity(1)even though that person or entity would otherwise have a duty of indemnification, contractual,or otherwise,(2)even though that person or entity did not pay the insurance premium directly or indirectly, or(3)whether or riot the person or entity had an insurable interest in the damaged property. §11'3 2 If dunng the Project"construction period the Owner insures properties,real or personal or both,at or adjacent to"the site by property insurance under policies separate from those insuring the Project,or if after final payment property msurancels.to be provided on the completed Project through a policy or policies other than those insuring the Project.during the construction,period,to the extent permissible by such policies,the Owner waives all rights in accordance withahe terms'of;Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance § 11:4 Loss. of Use, Busmess Interruption, and Delay in Completion Insurance - The"Owner,at the°Owner's,option,may purchase and maintain insurance that will protect the Owner against loss of U. e'of the Owner's property,or the inability to conduct normal operations,due to fire or other causes of loss.The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property,due to fire or other hazards-however caused. ,:- §11.5 Adjustment and Settlement of Insured Loss §"11.5:1 A loss uisured under the'property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any"applicable mortgagee clause and of Section 11.5.2.The Owner shall pay the Architect and Contractor i.,it just shares of insurance;proceeds received by the Owner,and by appropriate agreements the Architect and Contractor shall make pa'yments'to Ftheir consultants and Subcontractors in similar manner. 1.11,52 Prior to settlement of an insured loss,the Owner shall notify the Contractor of the terms of the proposed settlement as well asahe propos4a.llocation of the insurance proceeds.The Contractor shall have 14 days from receipt 11:of notice to object to the proposed settlement or allocation of the proceeds.If the Contractor does not object,the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation.Upon receipt,the Owner .shall deposit'the insurance proceeds in a separate account and make the appropriate distributions.Thereafter,if no other agreement is made or the Owner does not terminate the Contract for convenience,the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose.If the Contractor timely objects to either the terns of the proposed settlement or the allocation of the proceeds,theOwner may proceed to settle the insured loss,and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15.Pending resolution of any dispute,the.Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work Init. Alp`DocumentA201`0-2017.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963;1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,"A201,."and"AIA Contract Documents"are 33 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 121.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed;in the Contract Documents,it must,if requested in writing by the Architect,be uncovered for the Architect.':s examination and be replaced at the Contractor's expense without change in the Contract Time. § -121.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to Its.being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,the Contractor shall be entitled to an equitable adjustment to the Contract Suni'and Contract Time as maybe appropriate.If such Work is not in accordance with the Contract Documents;the_costs ofuncovering the Work,and the cost of correction,shall be at the Contractor's expense. § 12.2 Cortec ion of: Work § 12 21 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,discovered before Substantial Completion and whether or not fabricated,installed or completed. Costs ofcorrecting,such,r'ejected Work,including additional testing and inspections,the cost of uncovering and replacement,and"compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense § 12 2 2 After Sulistantlal G:on pletion § 12 2 21 In addition to tlie.Conifactor's obligations under Section 3.5,if,within one year after the date of Substantial Complehori`of the'Work ordesignated portion thereof or after the date for commencement of warranties established under Section 9 9a or.by terms of any applicable special warranty required by the Contract Documents,any of the Work is found to lie not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly,after receipt of notice'from the Owner to do so,unless the Owner has previously given the Contractor a wrtten:acceptance of such"condition.The Owner shall give such notice promptly after discovery of the condition. During the one=year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that.period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.5. § 12.2.2.12,The one-year period for correction of Work shall be extended with respect to portions of Work first performed after.Substantial Completion by the period of time between Substantial Completion and the actual completion of thaC>pomon of the Work. § 12 2 2:3 the one-year period for.-correction of Work shall not be extended by corrective Work performed by the 69tractorpursuant"to this'SectionA2.2. § 12.2.3 The Contractor shall_remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The,Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate :Contractors;whether completed or partially completed,caused by the Contractor's correction or removal of Work that is;not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has 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 Documents maybe 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. Init. AIA Document A2010—2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 34 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08106/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsm Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropnate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 131.:Governing Law The'Contract shall.be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If;the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.21 The,, er and Contractor respectively bind themselves,their partners,successors,assigns,and legal representatives to covenants,;agreements,and obligations contained in the Contract Documents.Except as provided in a. Section 13 22,neither party tosthe Contract shall assign the Contract as a whole without written consent of the other. g, If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible:for all obligations under the Contract. § 132 2 The Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project;if the lender assumes the Owner's rights and obligations under the Contract Documents.The Contractor"'shall execute all'consents reasonably required to facilitate the assignment. _ t ` § 13.3 Rights and Remedies § 13.31 Duties and obligations unposed by the Contract Documents and rights and remedies available thereunder be-in addition too and not a limitation of duties,obligations,rights,and remedies otherwise imposed or available by law § 13.3 2 No action-or failure;to'act by the Owner,Architect,or Contractor shall constitute a waiver of a right or duty afforded them under;the Confract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder;;excep'tras may be specifically agreed upon in writing. -11 § 134 Tests and Inspections° § 13:41 Tests,inspections,and approvals`of portions of the Work shall be made as required by the Contract Documents and by applicable laws,;statutes,ordinances,codes,rules,and regulations or lawful orders of public aonhes.-Unless:otherwise provided,the Contractor shall make arrangements for such tests,inspections,and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authonty,and shall'bear all related costs of tests,inspections,and approvals.The Contractor shall give the Architect ,timely notice of_when and where tests and inspections are to be made so that the Architect may be present for such procedures.The-Owner shall bear costs of tests,inspections,.or approvals that do not become requirements until after bids are received or negotiations concluded.The Owner shall directly arrange and pay for tests,inspections,or approvals where building codes or applicable laws or regulations so require. t z= § 134.2 If the Architect Owner,;oc public authorities having jurisdiction determine that portions of the Work require additional testing;inspection;or approval not included under Section 13.4.1,the Architect will,upon written authonzatign from-tle.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 13.4.3,shall be at the Owner's expense. 3 If procedures for testing,inspection,or approval under Sections 13.4.1 and 13.4.2 reveal failure of the p6rtions.ofthe Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure;=uicluding those of repeated procedures and compensation for the Architect's services and expenses,shall beat the Contractor's expense. § 13.4.4 Required certificates of testing,inspection,or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. Init. AIA Document A201®-2017.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201."and"AIA Contract.Documents"are 35 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 1010.1/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsm Terms of Service.To report copyright violations,e-mail copyright@aia.org. I I—,Nntac• (A474MR91) § 13.4.5 If the Architect is to observe tests,inspections,or approvals required by the Contract Documents,the Architectwill do so promptly and,where practicable,at the normal place of testing. § 13 4 6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13 5 'interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the ,parties agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time at the place where the'Project is 1'ocated ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 141 1 The Contractor rnay,terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,their agents or employees,or any other persons or entities performing portions of the Work,for any of the following reasons: 1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped, An act of government,such as a declaration of national emergency,that requires all Work to be stopped, 3 s; Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or 4 The;Owner;h as failed to furnish to the Contractor reasonable evidence as required by Section 2.2. _r § 141 2 The Contractor may terminate the Contract if,through no act or fault of the Contractor,a Subcontractor,a 'Sub.'-subcontractor,their agents''or employees,or any other persons or entities performing portions of the Work, repeated suspensions,delays;or interruptions of the entire Work by the Owner as described in Section 14.3,constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365= ay;penod,which d ever`is less. § 141A If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days'notice to the Owner and'Architect,terminate the-Contract and recover from the Owner payment for Work executed,as well as reasonable overhead and profit on Work not executed,and costs incurred by reason of such termination. §'1414 Ifthe Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor,a Subcontractor",a Suli-subcontractor,.or their agents or employees or any other persons or entities performing portions F,_ oftfie Workubeeause the Owner has,3epeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to,,a progress of the Work,the Contractor may,upon seven additional days'notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 1`4.2.1 The Owner may termmate the Contract if the Contractor 1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2 fails."6,make payment to Subcontractors or suppliers in accordance with the respective agreements P be tw,een the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or 4., otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14 2 2 When any of the reasons described in Section 14.2.1 exist,and upon certification by the Architect that sufficient cause exists to justify such action,the Owner may,without prejudice to any other rights or remedies of the Owner and=^after:giving the Contractor and the Contractor's surety,if any,seven days'notice,terminate employment of the Contractor and may,subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and Init. AIA Document A201®—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"'AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 36 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order I No.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents' Terms of Service.To report copyright violations,e-mail copyright@aia.org. I I- Rl..�..w• lOA 7A COC'1�1 .3 Finish the Work by whatever reasonable method the Owner may deem expedient.Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 1 §14.2:3-When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. § 142.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services-and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waged,such eicess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case the Contractor shall pay certified by the Initial Decision Maker,upon application,and this obligation for payment shall may be,shall be survive termination.of the;Contract. § 14.3 Suspension by the Owner for Convenience § 14.31 The'Owner=inay,without cause,order the Contractor in writing to suspend,delay or interrupt the Work,in whole or in part for such perioi of time as the Owner may determine. § 14:3 2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay,or interruption under Section 14.3.1.Adjustment of the Contract Sum shall include profit.No ustment'shall be made to`the extent 1 that performance is,was,or would have been,so suspended,delayed,or interrupted,by another cause for-vv 6fi the=Contractor is responsible;or 2> that:an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Ownerfor Convenience § 1,4.41 The'Owner'may,at any.time,terminate the Contract for the Owner's convenience and without cause. Upon receipt of notice from the Owner of such termination for the Owner's convenience,the Contractor shall ,1 ceaseopeiations as directed by the Owner in the notice; 2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and". .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § .14.4.3 In case'of such termination-for-the Owner's convenience,the Owner shall pay the Contractor for Work -properly executed;costs incurred by=reason of the termination,including costs attributable to termination of Subcontracts,and the terminatton fee;`if any,set forth in the Agreement. ARTICLE 15; CLAIMS AND,DISPUTES § 15.1 Claims § 151.1 Definitions A Clam ids a'demand or assertion by one of the parties seeking,as a matter of right,payment of money,a change in the Contract Time,or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in.question between the Owner and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims shall rest with the party making the Claim.This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. §15.12 Time Limits on Claims The Owner an Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract,whether in contract,tort,breach of warranty or otherwise,in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. Init. AIA Document A201®—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963;1966,1970,1976,1987,1997;2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects;"AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 37 registered trademarks and may not be.used without permission..This document was produced by AIA software at 18:20:53 ET on.08/0612020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 15.1.3 Notice of Claims § 151 3.1..Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect,if the Architect is not serving as the Initial Decision Maker.Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition gty.ing'rise to the Claim,whichever is later. §A5.1.3.2 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party..',In.such event,no decision by the Initial Decision Maker is required. §,1514 Continuing. Contract Performance § 15141 Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.7 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to nuke payments in accordance with the Contract Documents. §'1514 2 The Coritcact Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision,subject to:thi nght of either party to proceed in accordance with this Article 15.The Architect will issue Ce,ificates:for Payment m accordance with the decision of the Initial Decision Maker. § 151 5 Claim's` for Atlditional Cost If the Contractor.wishes to in Claim for an increase in the Contract Sum,notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim.Prior notice is not required for Claims relating to`'`an emergency endangering life or property arising under Section 10.4. § 151 6 Claims fo"r Additional Time § 151 61 If the Contractor wishes to make a Claim for an increase in the Contract Time,notice as provided in Section 15.:1 3 shall be given The Contractor's Claim shall include an estimate of cost and of probable effect of delay on prowess of�the Work.W t}a case of a continuing delay,only one Claim is necessary. § 151.6.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by adata substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated,.and had aii adverse effect on the scheduled construction. §_151 7 Waiver of-Claims Jor Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver, hides, - .1 damages incurred bythe Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons,and:; < .2 damages mcurreo°py the Contractor for principal office expenses including the compensation of personnel statioried there,for losses of financing,business and reputation,and for loss of profit,except anticipated profit arising directly from the Work. 'T-his mutual waiver�ts applicable,without limitation,to all consequential damages due to either parry's termination in accordance with ArticI644.Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. § 15.1 Initial Decision § 15 21 d aims,i excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for:correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4,and 11.5,shall be referred to the initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Maker,unless otherwise indicated in the Agreement.Except for those Claims excluded by this Section 15.2.1,an initial decision shall be required as a condition precedent to mediation of any Claim.If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker,the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered.Unless the Initial Decision Maker Init. AIA Document A2010-2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects;"AIA,"the AIA Logo,"A201,"and'AIA Contract Documents"are 38 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order / No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2 2�?he Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of tte following actions:(1)request additional supporting data from the claimant or a response with.supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise-the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that,in the Initial Decision Maker's sole'discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 16.2 3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek mformation.from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owners expense. § 15:2 4 If the ImhalDecisiou 1Vlaker 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 the request,and shall either(1)provide a response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be furnished,<or 'the Initial Decision Maker that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim in whole or in part.' GY § 15 2 5 The Imrial DecisionMaker will render an initial decision approving or rejecting the Claim,or indicating that the"Inrtial`Decision Maker ig!' able to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor,and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision Maker;of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution .,, § 15.2 6 Either partymay file for mediation of an initial decision at any time,subject to the terms of Section 15.2.6.1. 61 Either party may;within 3.0 days from the date of receipt of an initial decision,demand in writing that the other party hie,"for mediation If such a de'nand is made and the party receiving the demand fails to file for mediation is within 30 days after receipt thereof,then both parties waive their rights to mediate or pursue binding dispute resolution proceedmgs�with respect to the initial`decision. § 15,2 7 In the event"of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety,if any, .v of the nature'and amount,of the Claim:If"the Claim relates to a possibility of a Contractor's default,the Owner may, "but is not obligated to;notify the surety and request the surety's assistance in resolving the controversy. §.15.2.8 If a Claim relates'to.or,is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable 1'aw.to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.31 Claims,disputes,or other matters in controversy arising out of or related to the Contract,except those waived as provided.for m"Sections 9.10.4,9.10.5,and 15.1.7,shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3 2 The;parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise;slialllie administered by the American Arbitration Association in accordance with its Construction Industry 1Vlediahon Rrocedures in effect on the date of the Agreement.A request for mediation shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the mediation.The request maybe'made concurrently with the filing of binding dispute resolution proceedings but,in such event, mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration is stayed pursuant to this Section 15.3.2,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. Init AIA Document A201®-2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 39 registered trademarks and may not be used without permission:This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order / No.6041490820 which expires on 10/0112020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) § 15 3 3 Either party may,within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute,demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file foibinding dispute resolution within 60 days after receipt thereof,then both parties waive their rights to binding disputeµ resolution proceedings with respect to the initial decision. §-15r3.4 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable;as settlement agreements in any court having jurisdiction thereof. YY § 15.4 Arbitration i § 15 41 If the parties have:selected arbitration as the method for binding dispute resolution in the Agreement,any Claim subject to,but'not resolved by,mediation shall be subject to arbitration which,unless the parties mutually agree otherwiseshall be_administered by the American Arbitration Association in accordance with its Construction Industry Arbitration'Rules in effect on the date of the Agreement.The Arbitration shall be conducted in the place where the Projectis located;unless another location is mutually agreed upon.A demand for arbitration shall be made in writing, delivered to'the other party to the Contract,and filed with the person or entity administering the arbitration.The party filing a notice of demand foc arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to lie demanded. § 15 41 1 A'demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediatton,:b it in no event shaffif be made after the date when the institution of legal or equitable proceedings based on aim would be barred b'y the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitrationby the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 115A.2 The awaidrendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15 4 3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement,shall be specifically enforceable under applicable law in any court having Jigi iction'thereof § 95 4 4 Consolidation or Joinder 1.15.4.4.1 Subject to:the'rules of the American Arbitration Association or other applicable arbitration rules,either party may,ponsolidate an arbitrationt conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated"substantially involve common questions of law or fact,and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 19.4.4.2 Subject to,the,rules of the American Arbitration Association or other applicable arbitration rules,either partynay include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required,if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in wntmg to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15,4,whether by joinder or consolidation,the same rights of joinder and consolidation as those of the Owner andContractor under this Agreement. Init. AIA Document A2010-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 40 registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order ! No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) Additions and Deletions Report for AIA®Document A2010— 2017 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added tazthe standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. s: °Note:;This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part "of fh6'associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIAsoftware at 18:20:53 ET„on,,08106/2020. n � � f3 PAGE1 Mason County Seismic Upgiad'es and 1Vlason County Court Remodel-°Phase 1 Building`10` 414<W Fraukltn St Slielton,YWA,.98584 Mason County Support Services 411 N.5*,St ep Shelton.WA 98584 Helix Design'Group' 6021 12. St E.Ste.201 Tacoma;Vi!A 98424 PAGE 19 , damages,and hold,hafn4ess the QvA*er-, AjA ents and employees ef.aft),of them from afid against elaims, losses disease GE death,er-to ... - .. )'�.., , m.. , , se is aar than the Werk itself),Vo -to the extent eaused by the a , , ed thefa, of e*penro.k rnmqt-d in part by , a ,less, nr § 3:18 To the fullest extent permitted by law,the Contractor agrees to indemnify,defend and hold the County and its d'enaitments,'elected"and appointed officials,employees,agents and volunteers,harmless from and against any and all claims,damages,losses and expenses,including but not limited to court costs,attomgy's fees and alternative dispute resolution costs, for any personal injury,for any bodily injury, sickness, disease or death and for any damage to or destuction'of anyproperty(including the loss of use resulting therefrom)which 1)are caused in whole or in part by any-ad or ssion, negligent or otherwise, of the Contractor, its employees, agents or volunteers or Contractor's subcontractoi andaheir employees,agents or volunteers;or 2)are directly or indirectl�g out of,resulting from, u connection with performance of this Agreement;or 3)are based upon the Contractor's or its subcontractors'use o presene jjpkbr proximity to the property of the County for the value of the contract or$1,000,000,whichever is less. This indemnification obligation of the Provider shall not apply in the limited circumstance where the claim, damage,loss or expense is caused by the sole negligence of the County.In the event of the concurrent negligence of Additions and Deletions ReportforAIA Document A201®-2017.Copyright@ 1911,1915,1918,1925,1937;1951,1958,1961,1963,1966,1970,1976,1987,. 1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and'AIA 1 Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10/0112020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) the Contractor,its subcontractors,employees or agents,and the County,its employees or agents this indemnification obligation of the Contractor shall be valid and enforceable only to the extent of the negligence of the Contractor,its subcontractors,employees and agents. This indemnification obligation of the Contractor shall not be limited in ay wav by the Washington State Industrial Insurance Act, RCW Title 51. or by application of any other worlanen's compensation act disability benefit act or other employee benefit act and the Contractor hereby expressly waives any lmmun1jy afforded by such acts. The foregoing indemnification obligations of the Contractor are a material mdicement to County to enter into this Agreement, are reflected in the Contractor's compensation and have been mutaall�negotiated by the parties. The Contractor agrees all Contractor's indemnity obligations shall survive the completion expiration or termination of this Agreement. In.the event'the Contractor enters into subcontracts to the extent allowed under this Agreement,the Contractor's subcontract ors'sh'all indemri fy the County on a basis equal to or exceeding Contractor's indemnity obligations to the Coup All;insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this aaeement shall lie endorsed to delete the subrogation condition as to County, or must specifically allow the named insured to`watve subro 4ion prior to a loss. Additions and Deletions Report for AIA DocumentA201e-2017.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987, 1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA 2 Contract Documents"are registered trademarks and may not be used without permission_This document was produced by AIA software at 18:20:53 ET on j 08/06/2020 under Order No.6041490620 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: IA4749RR911 Document A101 - 2017 Exhibit 1A A Insurance and Bonds This;Insurance and Bonds/Exhibit is part of the Agreement,between the Owner and the Contractor,dated the js'(day of September in the year 2020 (In words, indicate day,month and year.) ADDITIONS AND DELETIONS: for the following PROJECT: The author of this document has (1Vame and location or address) added information needed for its completion.The author may also have revised the text of the original Mason County Selsmtc Upgrades and AIA standard form.An Additions and Mason County Court Remodel—Phase 1 Deletions Report that notes added Building 10 information as well as revisions to the 41"4 W Frankli M.St standard form text is available from Shelton,WA 98384 the author and should be reviewed.A vertical line in the left margin of this THE:OWNER..: document indicates where the author (IVane d legal status;an address) has added necessary information and where the author has added to or Mason County deleted from the original AIA text. Support Services 411 N 5�'St This document has important legal r consequences.Consultation with an Shelton,WA 985,84 attorney is encouraged with respect THE�;CONTRACTQR: to its completion or modification. H (IV me,',legal status and address) This document is intended to be used in conjunction with AIA Document Colvos Construction,LL6 "T� A201�2017,General Conditions of 711 Court C'- y the Contract for Construction.Article 11 of A201(&-2017 contains Tacoma,WA 98402 additional insurance provisions. TABLE OF,ARTICLES AA GENERAL A.2 OWNER'S INSURANCE A3� CONTRACTOR'S-INSURANCE AND BONDS A.4,,: SPECIAL TERM$.AND:CONDITIONS ARTICLE A.1 GENERAL The Owner and Contractor shall purchase,and maintain insurance,and provide bonds,as sefforth in this E xhibit:As used in this Exhibit,the term General Conditions refers to AIA Document A201T"L201Y7,General Conditions of the Contract for Construction. ARTICLE A.2 ;OWNER'S INSURANCE § .77,General" Prior to commencement of the Work,the Owner shall secure the insurance,and provide evidence of the coverage,required under this Article A.2 and,upon the Contractor's request;provide a copy of the property insurance policy or policies required by Section A.2.3.The copy of the policy or policies provided shall contain all applicable conditions; definitions,exclusions,and endorsements. Init. AIA Document A101®—2017 Exhibit A.Copyright @ 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,"A101,"and'AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only / be used in accordance with the AIA Contract Dccumentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1516850019) § A2 2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual general liability insurance. §,A.2.3 Required Property Insurance § A!2 3:1 Unless this obligation is placed on the Contractor pursuant to Section A.33.2.1,the Owner shall purchase and maintain,from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the"Project is located,property insurance written on a builder's risk"all-risks"completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis.The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum,plus the value of suhsequentg viodificattpps and labor performed and materials or equipment supplied by others.The property insurance shall be maintalned;umtil'Substantial Completion and thereafter as provided in Section A.23.1.3,unless otherwise provided m"-the Contract Documents or otherwise agreed in writing by the parties to this Agreement.This insurance shall include the interests ofthe Owner,Contractor,Subcontractors,and Sub-subcontractors in the Project as insureds. This insurance shallmciuderthe interests of mortgagees as loss payees. §"A.2 311'Gauses of Loss."The insurance required by this Section A.23.1 shall provide coverage for direct physical lossor damage,and shall not"exclude the risks of fire,explosion,theft,vandalism,malicious mischief,collapse, earthquake,flood;t,or win (Indicate below Ae°causel, loss and any applicable sub-limit.) "Causes of Loss Sub-Limit § A.2 3:1.2 Specific Required Coverages.The insurance required by this Section A.23.1 shall provide coverage for loss';or damage to"falsework and other temporary structures,and to building systems from testing and startup.The insuranceshall also cover debris removal,including demolition occasioned by enforcement of any applicable legal requirements,and reasonable`compensation for the Architect's and Contractor's services and expenses required as a result of such tnsured loss,including claim preparation expenses.Sub-limits,if any,are as follows: (Iriiizc ate"below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit §:A.2.3.1.3 Unless the parties agree otherwise,upon Substantial Completion,the Owner shall continue the insurance required by Section A23.l or 1f necessary,replace the insurance policy required under Section A.23.1 with property insurance Written for the total value of the Project that shall remain in effect until expiration of the period for 6orr66tiomof the Work seffd. in Section 12.2.2 of the General Conditions. §"A.2.1.1.4 Deductibles and Self-Insured Retentions.If the insurance required by this Section A.23 is subject to deductibles or self insured,tetentions,the Owner shall be responsible for all loss not covered because of such deductibles or retentions. §`'A.2 3 2 Occupancy;or Use Prior to Substantial Completion.The Owner's occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or compaiiies"providing the insurance under Section A.23.1 have consented in writing to the continuance of coverage.The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation,lapse,or reduction of insurance,unless they agree otherwise in writing. § A2 3 3 Insurance for Existing Structures If the Work•uivolves remodeling an existing structure or constructing an addition to an existing structure,the Owner shall purc.ase and maintain,until the expiration of the period for correction of Work asset forth in Section 12.2.2 of the General Conditions,"all-risks"property insurance,on a replacement cost basis,protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section A.23.Ij notwithstanding the undertaking of the Work.The Owner shall be responsible for all co-insurance penalties. Init. AIA Document A101s'—2017 Exhibit A.Copyright©2017 by The American Institute of Architects.All rights reserved.The`American Institute of Architects,-"AIA" the AIA Logo,"A101,"and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA 2 software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 10101/2020,is not for resale,is licensed for one-time use only,and may only / be used in accordance with the AIA Contract Documentst'Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1516850019) § A.2 4 Optional Extended Property Insurance. �� The'Owner shall purchase and maintain the insurance selected and described below. 0 (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es)next to the.descrption(s)of selected insurance.For each type of insurance selected,indicate applicable limits of coverage or �w other conditions in the fill point below the selected item.) [ ] § A.2.4.1 Loss of Use,Business Interruption,and Delay in Completion Insurance,to reimburse the Owner for.loss of use of the Owner's property,or the inability to conduct normal operations due to a covered cause of loss. v� 2 Ordinance or Law Insurance for the reasonable and necessary costs to satisfy the minimum requirements "fthe enforcement of any law or ordinance regulating the demolition,construction, reparr,replacement or use of the Project. � 3 3 j5 r 1 y [ ] §AJA,Mliediting Cost Insurance,for the reasonable and necessary costs for the temporary repair of damage to insured,property,and to expedite the permanent repair or replacement of the damaged property Nk r w [ ],• § A 24 4 Extra Expense Insurance,to provide reimbursement of the reasonable and necessary excess costs'ncurred during the period of restoration or repair of the damaged property that are over and above the total costs:that would normally have been incurred during the same period of time had no loss or damage occurred. § A 24 5 Civil Authority Insurance,for losses or costs arising from an order of a civil authority prohibtling access to theProject,provided such order is the direct result of physical damage covered under the•required Property insurance. r § X2 4 6 IngresslEgress Insurance,for loss due to the necessary interruption of the insured's business due to physical prevention of ingress to,or egress from,-the Project as a direct result of physical 7. damage [ ] v § A 24.7 Soft Costs Insurance,to reimburse the Owner for costs due to the delay of completion of the Work;arsing out of physical loss or damage covered by the required property insurance:including £construction loan fees;leasing and marketing expenses;additional fees,including those of architects, engineers,consultants,attorneys and accountants,needed for the completion of the construction, ;, repairs,or reconstruction;and carrying costs such as property taxes,building permits,additional liLrest on loans,realty taxes,and insurance premiums over and above normal expenses. § A.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es)next to the description(s)of selected insurance.) Init. AIA Document A101®—2017 Exhibit A.Copyright @ 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,"A101;'and"AIA Contract Documents"are registered trademarks and may not.be used without permission.This document was produced by AIA 3 software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1516850019) [ ,] § A.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach; including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ] § A.2.5 2°.Other Insurance (List below-any other insurance coverage to be provided by the Owner and any applicable limits) Coverage Limits ARTICLE.A3 CONTRACTOR'S INSURANCE AND BONDS § A31 General §yA.311 Cetlficates,of Insurance.Without limiting Contractor's indemnification of Owner,the Contractor shall provide certificates°of msurance acceptable to the Owner evidencing compliance with the requirements in this Article A 3 at the followmg times: (1)prior to commencement of the Work;(2)upon renewal orreplacement of each requured policy ofinsurance and(3)upon the Owner's written request.An additional certificate evidencing continuation of cornmere, liability coverage,including coverage for completed operations,shall be submitted with the,,final Application,for or., and thereafter upon renewal or replacement of such coverage until the expiration of the periods-required by Section-A.3.2.1 and Section A.3.3.1.The certificates will show the Owner as an additional insured_on1he Contractor's'Commercial General Liability and excess or umbrella liability policy or policies. § A:31.2 beductibles and Self-Insured Retentions.Self-insurance will not be considered to comply with these insurance'specifications.Any"self-insured retention"must be declared and approved by Owner.Owner reserves the right to require'the'self insured!retention to be eliminated or replaced by a deductible. Self-funding,policy fronting or other mechanisms.to avoid risk transfer are not acceptable. If Contractor has such a program,Contractor must fully disclose such program to Owner.The Contractor shall disclose to the Owner any deductible or self-insured retentions applicable to any insurance required to be provided by the Contractor. § A.3.1.3 Additional Insured Obligations.To the fullest extent permitted by law,the Contractor shall cause the -commercial,general liability coverage to include(1)the Owner,its Board officers,employees and agents,the Architect,'and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations;and(2)the Owner as an additional insured for.claims caused in whole or in part by the Contractor's negligent acts or omissions for which loss occurs during completed operations The"additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance.policies and shall apply to both ongoing and completed operations.To the extent commercially available,the additional insured coverage shall be no less than that provided by Insurance Services Office;Inc.(ISO)forms CG20 10 07 04,CG 20 37 07 04,and,with respect to the Architect and the Architect's consultants; G 20 32 07 04: A.3.2 Contractor's.Required Insurance Coverage § A.3.2.1,The Contractor shall purchase and maintain at its own expense and a form satisfactory to the Owner the following'types an&,limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in-the jurisdiction where the Project is located.The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions,unless a different duration is stated below: (If Elie Contractor is required to maintain insurance for a duration other than the expiration of the period for correchon,gf Work,state the duration.) § A.3.2.2 Commercial General Liability § A.3.2.2.1 Commercial General Liability insurance for the Project using a standard ISO CG 00 01 occurrence form, including premises,operations,products and completed operations hazard,contractual liability with limits not less snit AIA Document A1019-2017 Exhibit A.Copyright©2017 by The American Institute of Architects.Ali rights reserved.The"American Institute of Architects,""AIA;" the AIA Logo,"A101,"and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA 4 software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 10101/2020,is not for resale,.is licensed for one-time use only,and may only i be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@aia.Drg. User Notes: (1516850019) ' e --Hey limits efae leasthetm LL 008,1988)pet el §�A.3 2.8 If the Work involves the transport,dissemination,use,or release of pollutants,the Contractor shall procure Pollution Liability insurance,with policy limits of not less than one million($1,000,000)per claim and two million($ 'H 2000,000)in the aggregate. may be pf6emfed thmeo et Go embined p6hey lhvAs of not less than two aF , MV § A 3 210 Insurance for maritime liability risks associated with the operation of a vessel,if the Work requires such Ictivihes,with policy hmitsofnot less than ($ )per claim and ($ )in the aggregate. §yA.3 211 Insuuance for the use or operation of manned or unmanned aircraft,if the Work requires such activities, with pIic lmuts of not less than $ per claim and $ in the aggregate. P Y ( )P ( ) (Paragraph.' ele'ted) § A 3 3 Contractor's Other Insurance Coverage § A 3 31 Insurance selected and described in this Section A.3.3 shall be purchased by Contractor at its own cost and expense from anlnsurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the]?toy eet is locat d aThe Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions,unless a different duration is stated below: (If the Contractor rs';requzred to'maintain any of the types of insurance selected below for a duration other than the expiratio f the period for'correction of Work,state the duration) § A 3 3 2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with ' Section A:3.3 1 (Select the types of insurance the ddntractor is required to purchase and maintain by placing an X in the box(es)next to the descriptzon(s),of selected insurance. Where policy limits are provided, include the policy limit in the appropriatefllpomt) - "F [ ] § A 33 21 Property MSuiance of the same type and scope satisfying the requirements identified in Section A 2 3 whichi if selected in this section A.3.3.2.1,relieves the Owner of the responsibility to purchase and maintam:'such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3 The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the,extent provided below.The Contractor shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible.Upon request,the Contractor shall provide the Owner with a co of the roe insurance policy or policies required.The Owner shall PY property rtY P Y P q adjust a4iettle the loss with the insurer and be the trustee of the proceeds of the property insurance in `- accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Contractor's obligation to provide property insurance differs from the Owner's obligations described under Section A.2.3, indicate such differences in the space below.Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as u t�,e trustee of the.proceeds of property insurance in accordance with Article l l of the General Conditions, indicate the responsible party below.) �� 5 [ ] § A.3.3.2.2 Railroad Protective Liability Insurance,with policy limits of not less than ($ )per claim and ($ )in the aggregate,for Work within fifty(50)feet of railroad property. [ ] § A.3.3.2.3 Asbestos Abatement Liability Insurance,with policy limits of not less than one million Init. AIA Document A101®-2017 Exhibit A.Copyright©2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects. "AIA,' the AIA.Logo,"Al01,"and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA s software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only 1 be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1516850019) than one,million($ 1,000,000)each occurrence,five million($5,000,000)General Aggregate,and Five million($ S,000,000)Products-Completed Operations Aggregate,providing coverage for claims including :1 damages because of bodily injury,sickness or disease,including occupational sickness or disease,and . _r... . death of any person; 2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property,including the loss of use of such property; 4 bodily injury or property damage arising out of completed operations;and .5 the Contractor's indemnity obligations under Section 3.18 of the General Conditions. § A'3 2 2 2 The Contractors Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following: r1y Clainis by one.insured against another insured,if the exclusion or restriction is based solely on the fact that the claimant is an insured,and there would otherwise be coverage for the claim. 2 f Claims for prerty damage to the Contractor's Work arising out of the products-completed operations hazard wheretlie damaged Work or the Work out of which the damage arises was performed by a Subcontractor 3 Clamis for bodily injury other than to employees of the insured. 4. '. Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees ofthe-insure d. ' 54, :5 Claris or loss excluded under a prior work endorsement or other similar exclusionary language. Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language relatedto residential,multi-family,or other habitational projects,if the Work is to be performed r on such aproject 8 Clatns related to`roofing,if the Work involves roofing. 9 ` Clatms related to exterior insulation finish systems(EIFS),synthetic stucco or similar exterior coatings or surfaces;.if the Work involves such coatings or surfaces. 10 Claims related to earth subsidence or movement,where the Work involves such hazards. 11 , Claims relate o explosion,collapse and underground hazards,where the Work involves such hazards. § A:3 2 3 Gontractor`shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 " covering bodily injury,death of any person and property damage for all activities of the Contractor arising out of <,._. ownership,maintenance and use'of$iose motor vehicles or in connection with Work to be performed under this A eement mcniqui$ g any' covers a forowned,hired,non-owner or rented vehicles,in an amount not less than one gr � . million($1,000060)combined sin gle limit for each accident along with any other statutorily required automobile coverage = 3 § A°3 2.4 The Contractor,may achieve the required limits and coverage for Commercial General Liability and AutomobileLiab'1.1*through a.combination of primary and.excess or umbrella liability insurance,provided such primary andiexcess or umbrella insurance policies result in the same or greater coverage as the coverages required unde'i Section A 3 2:2 and A'3 2 3-t'and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § A 3 2.5 Contractor shall maintain Workers' Compensation Insurance(Statutory Limits)and Employer's Liability Insurance(with limits of at least$1,000,000 for Contractor's employees in accordance with the laws of the State of Washington,In addition,Contractor shall require each subcontractor to similarly maintain Worker's Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of Washington for all of the subcontractor's employees. ., 9 ^ § A3 2 6 Jones Act,and the Longshore&Harbor Workers'Compensation Act,as required,if the Work involves hazards arising from work on or near navigable waterways,including vessels and docks Init. AIA Document A101®—2017 Exhibit A.Copyright @ 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA, the AIA Logo,"A101,"and"AIA Contract Documents"are registered trademarks and may not be,used without permission.This document was produced by AIA 5 software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 1 0/0112 0 2 0,Is not for resale,is licensed for one-time use only,and may only / be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations,e-mail copyright@aia.org: User Notes: (1516850019) w ($1,000,000) per claim and two million($2,000,000)in the aggregate,for liability arising from the encapsulation,removal,handling,storage,transportation,and disposal of asbestos-containing . materials. ....[ ] § A.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an"all-risks"completed value form. [ ] § A.3.3 2.5 Property insurance on an"all-risks"completed value form,covering property owned by the w�,Contractor'and used on the Project,including scaffolding and other equipment. t [ ] §-A.3 3 2 6 Other Insurance Contractor'shall also procure and maintain,at its own cost and expense,any additional kinds of msutance,which in its own judgment may be necessary for its proper protection and prosecution of the W , � ork Coverage .` f Limits I 3 4 Performance.°Bond and Payment Bond At such lime as Contractor eaters into a contract,he/she shall provide.a performance and labor&materials payment bond in the amount of 100%of the awarded contract as security for the faithful performance and payment of all his/her obligations under the specifications. a r= h de The Contractor wtll provi a maintenance bond guaranteeing work shall be free of any defective materials or workmanship which became apparent during the period of three ears following completion of the Contract.Bond z' shall<be m a form acceptable to,the Owner.Bond shall be in the amour of�50%of the contract price. f �. Surety shall,be licensed to conduct business in the State of Washington and aremed in the current list of"Surety Companies Acceptable ii Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,TJ,S TreasuryDepartment. (Table deleted) - Pw' "ent and Performance'Bonds`shall be'A1A Document A312TM,Payment Bond and Performance Bond,or contain r r provistons identical to AIA Document A312rm.current as of the date of this Agreement. ARTICLE A.4 SPECIAL TERMS AND CONDITIONS ,, Special teens and`conditions that modify this Insurance and Bonds Exhibit,if any,are as follows: 1 Tlie sum of any Ghange'Order added?to this contract shall be calculated into the Penal Sum of the Performance Bond,and`50%of Change Order sum shall be calculated into the Payment Bond. 2 Contractor"agrees to require all'subcontractors or other parties hired for this project to provide the same insurance as 74uied of Contractor unless otherwise agreed to by Owner.The subcontractor's general liability insurance shall add as additional`:insureds all parties to this Agreement using Insurance Services Office form CG 20 10 with an edition date pnor to 2004 Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure thatsuch:covera'ge is provided as required here. 3.The limits of insurance as described above shall be considered as minimum requirements.Should any coverage came&by theaGeneral Contractor or a subcontractor of any tier maintain insurance with limits of liability the exceed the require d hm is or coverage that is broader than as outlined above,those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this Agreement. .$ 4.Requirements of specific coverage features are not intended as limitation on other requirements or as any coverage normally provided by any given policy.Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive,or to the exclusion of other coverage,or a waiver of any type. Init. AIA Document A101®—2017 Exhibit A.Copyright @ 2017 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,"'AIA," the AIA Logo,"A101,'and'AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA 7 software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only I be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1516850019) 5 All coverage typed and limits required are subject to approval,modification and additional requirements by the Owner,as the need arises.Contractor shall not make any reductions in scope of coverage(e.g.elimination of contractual liability or reduction of discovery period)that may affect Owner's protection without Owner's prior written.consent. f 6.'Tle Owner reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety(90)days advance written notice of such change.If such change results in substantial additional cost to the Contractor,the Owner and Contractor may renegotiate Contractor's compensation :` s 7 Contractor agrees to provide immediate notice to Owner of any claim or loss against the Contractor arising out of the,work preformed_under.'this agreement.Owner assumes no obligation or liability by such notice,but has the right (but not the duty)tomonitor the handling of any such claim or claims if they are likely to involve the Owner. 8,The Qwner and Eontractor waive all rights against(1)each other and any of their subcontractors,sub-contractors, agents,and employees,each other,(2)the Architect and the Architect's consultants;and(3)Separate Contractors,if any;;and any of,their subcontractors;sub-contractors,agents,and employees,for damages caused by fire,or other causes of`loss,to:the extent covered by property insurance required by the Agreement or other property insurance applicable t6-the Project,bkceptsuch rights as they have to proceeds of such insurance. 0. 9 C,o`ntractoragrees to provide nnmediate notice to Owner of any claim or loss against Contractor arising out od the work performed under this agreement.Owner assumes no obligation or liability by such notice,but has the right(but no"t the duty)to monitor the handling of any such claim or claims if they are likely to involve the Owner. r i `C r, 1 9 k y r r.. E. 1 H 9 Init. AM Document A1010—2017 Exhibit A.Copyright @ 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects, "AIA," the AIA Logo,."A101,"and"AIA Contract Documents*are registered trademarks and may not be used without permission.This document was produced by AIA 8 software at 13:49:25 ET on 08/19/2020 under Order No.6041490820 which expires an 10/01/2020,is not for resale,is licensed for one-time use only,and may only 1 be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1516850019) Certification of Document's Authenticity AIA°Document D401 TM —2003 I, hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:20:53 ET on 08/06/2020 under Order No.6041490820 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A201TM—2017,General Conditions of the Contract for"Construction;as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Stgned) (Title) (Dated) AIA Document D4011D1—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.The"American Institute of Architects," "AIA."the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:20:53 ET on 08/06/2020 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'x Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (947468621) Certification of Document's Authenticity AIA®Document D401 T M -2003 I, ;hereby certify,to the best of my knowledge,information and belief,that I created the attached final document 'simultaneously with its associated Additions and Deletions Report and this certification at 13:58:57 ET on 08/19/2020 under Order No.6041490820 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAO Document A101 TM--2017,Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) !jG (Title) (Dated) " G AIA Document D401'"°—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.The"American Institute of Architects, "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 13:58:57 ET on 0 811 9/2 0 2 0 under Order No.6041490820 which expires on 10/01/2020,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1330148945)