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HomeMy WebLinkAboutJA Morris Construction LLC - Contract Document A101 — 2017 e.� Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 22nd day of October in the year 2024 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original Mason County AIA standard form.An Additions and Support Services Deletions Report that notes added 411 N 5a'St information as well as revisions to the Shelton,WA 98584 standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or and the Contractor: deleted from the original AIA text. (Name, legal status, address and other information) This document has important legal J.A.Morris Construction,LLC consequences.Consultation with an 2424 Evergreen Park Dr SW attorney is encouraged with respect Olympia,WA 98502 to its completion or modification. The parties should complete A1010-2017,Exhibit A,Insurance and Bonds,contemporaneously with this Agreement.AIA Document for the following Project: A2011D--2017,General Conditions of (Name, location and detailed description) the Contract for Construction,is adopted in this document by Mason County Building 10 Court Remodel—Phase 2 reference.Do not use with other 414 W Franklin St general conditions unless this Shelton,WA 98584 document is modified. The Architect: (Name, legal status, address and other information) Helix Design Group 6021 121h St E.Ste.201 Tacoma,WA 98424 The Owner and Contractor agree as follows. Init. Alp`Document A101—2017.Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 1 0/0 312 02 5,is not for / resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. (1986817124) User Notes: I I TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary,and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements, either written or oral.An enumeration of the Contract Documents,other than 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 Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes) [ ] The date of this Agreement. [ ] A date set forth in a notice to proceed issued by the Owner. [X ] Established as follows: (Insert a date or a means to determine the date of commencement of the Tfork.) The Contractor shall provide a construction schedule that includes a period of 60 calendar days from Notice to Proceed for approval of submittals and procurement of materials prior to commencement of construction on site. The Owner will vacate the entire premises for a period of 90 calendar days for construction work to be completed following the 60-day period for material procurement. If a date of commencement of the Work is not selected,then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 2 American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1986817124) § 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.) [X ] Not later than ( 150 )calendar days from the date of commencement of the Work. [ ] By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3Ifthe Contractor fails to achieve Substantial Completion as provided in this Section 3.3,liquidated damages,if any,shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract base bid Sum shall be One Million Forty-Eight Thousand ($1,048,000 ),subject to additions for alternates 1-5 in the amount of One hundred Sixty-Four thousand$164,000 for a total contract sum of One Million Two hundred Twelve thousand$1,212,000.and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates,if any,included in the Contract Sum: Item Price Additive Alternate No. 1 $71,400.00 Additive Alternate No.2 $20,400.00 Additive Alternate No.3 $11,400.00 Additive Alternate No.4 $57,400.00 Additive Alternate No.5 $3,400.00 § 4.2.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution 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 t?tvner to accept the alternate) Item Price Conditions for Acceptance § 4.3 Allowances,if any,included in the Contract Sum: (Identify each allowance) Item Price § 4.4 Unit prices,if any: (Identify 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.) Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 3 American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for I resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1986817124) $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) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 25th day of the month.If an Application for Payment is received by the Architect after the application date fixed above,payment of the amount certified shall be made by the Owner not later than thirty (30 )days after the Architect receives the Application for Payment. (Federal, state or local 1mvs may require payment within a certain period of time) § 5.1.4 Each Application for Payment 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 various portions of the Work.The schedule of values shall be prepared in such form,and supported by such data to substantiate 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. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201TM-2017,General Conditions of the Contract for Construction,and subject to other provisions 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: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction,or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing;and .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the 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. Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 4 American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2026,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1986817124) § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law) 5% § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage,such as general conditions, insurance, etc) § 5.1.7.2 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 modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) § 5.1.7.3 Except as set forth in this Section 5.1.7.3,upon Substantial Completion of the Work,the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor,the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 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 Contractor 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 for Payment 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: § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) One % 1% Init. AIA DocumentA101—2017.Copydght©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 5 American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 1 0/0 31202 6,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1986817124) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision 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 parties mutually agree, insert the name,address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: (Check the appropriate box) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ ] Litigation in a court of competent jurisdiction [ ] Other(Spec) If the Owner and Contractor do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 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 A201-2017. § 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: (Insert the amount of,or methodfor determining, the fee, if any,payable to the Contractor following a termination for the Owner's convenience) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) Mark Neary Mason County County Administrator mneary@masoncountywa.gov (360)427-9670 ext,530 Init. AIA DocumentA101—2017.Copyright@ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 6 American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10103/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1986817124) § 8.3 The Contractor's representative: (Name, address, email address, and other information) Paul Orth Project Manager paul@jamorrisconstruction.com (360)570-8515 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days'prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document AlO1Tm-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 A 101 T"r-2017 Exhibit A,and elsewhere in the Contract Documents. § 8.6 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with a building information modeling exhibit,if completed,or as otherwise set forth below: (If other than in accordance ivith a building information modeling exhibit, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission) § 8.7 Other provisions: A.Contractor,defined as the primary participant and its principals,certifies that to the best of its knowledge and belief they: .1 Are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. .2 Have not within a three-year period preceding this Contract,been convicted of,or had a civil judgment rendered against them,for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public or private agreement or transaction,violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,tax evasion, receiving stolen property,making false claims,or obstruction of justice. .3 Are not presently indicted for,or otherwise criminally or civilly charged,by a governmental entity(Federal,State, or local)with the commission of any of the offenses enumerated in paragraph(1)(b)of Federal Executive Order 12549. .4 Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal,State,or local)terminated for cause or default. B.Where the Contractor is unable to certify any of the statements in this Contract,the Contractor shall attach an explanation to this Contract. C.The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower-tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction unless authorized by the Department of Commerce. D.The Contactor further agrees by signing this Contract that it will include the clause titled"Certification Regarding Debarment,Suspension,Ineligibility,and Voluntary Exclusion-Lower Tier Covered Transaction,"as follows,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions: .1 The lower tier subcontractors certify that neither they nor their principals are presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded fi•om participation in this transaction by any Federal department or agency. Init. AIA DocumentA101—2017.Copyright©1915,1918,1925,1937,1951.1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The 7 American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1986817124) .2 Where the lower tier subcontractors are unable to certify to any of the statements in this Contract,such subcontractors shall attach an explanation to this Contract. E.The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction person,primary covered transaction,principal,and voluntarily excluded,as used in this section have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive order 12549.You may contact the Department of Commerce for assistance in obtaining a copy of these regulations. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A101T"L-2017,Standard Form of Agreement Between Owner and Contractor .2 AIA Document AIO1TM-2017,Exhibit A,Insurance and Bonds .3 AIA Document A201TM-2017,General Conditions of the Contract for Construction (Paragraphs deleted) .5 Drawings Number Title Date Mason Co Courts Remodel—Bid Mason Couty Court 5/24/24 Set 8.16.24 Remodel—Phase 2 .6 Specifications Section Title Date Pages Mason Co Courts Remodel Mason County Building 5/1/24 1-377 Specifications 8.16.244 10 Court Remodel— Phase 2 .7 Addenda,if any: Number Date Pages Mason County Courthouse Phase 2 8/19/24 1-5 Addendum No.1 Mason County Courthouse Phase 2 8/22/24 1-4 Addendum No.2 Mason County Courthouse Phase 2 9/12/24 1-2 Addendum No.3 A100&A101_Mason Co Courts 9/16/24 1-2 Remodel Bid Addendum #3 091624 Mason County Courthouse Phase 2 9/20/24 1 Addendum No.4 Portions of Addenda 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. .8 Other Exhibits: (Check all boxes that apply and inchrde appropriate information identijying the exhibit lvhere required.) [ ] AIA Document E204Tm-2017,Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) Init. AIA DocumentA101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are trademarks of The 8 American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1986817124) [ ] Tile Sustainability Plan: Title Date pages I I Supplementary and 011cr Conditions ofihc Contract' Document Title Date Pages ,fl Otherdacuments,ifany,listed below: (Mv here env a(Mitional clocartnentr lhrlt are intenclect to form pro•!gl'the CoNract Mcitme its.AU t>octulterrt:f2(�l'r'nt-�017 provlrhrr That the adve•tisclnerf/ar invilatiorr to(rid,Insirrrctions to Bidders, srrutple,forms,the Contractor's blcl or proposal,portions ufficicl lida relating to bidding or proposal 1'6CI11hY'1r1eRt,>,and other irlfarnfrltioa flo•rlished lrir the Oilwer in e71ilicipation ofreceiving bids of- proposals,are lint part(?/7he Contract l)OCIU1101)IS 111114SS I'MMIC'MIM M this/1greellle'rrf.Alty such cloeunlenls shardrl he listed here only if intended to be part of the Contract t)ucrrrllefils,) )A,Mords Construction,LLC Bid for District Court I louse-Building#10 Court Remodel-Phase 2 Non-Collusicli Affidavit(Cont"ac1100 Non-Collusion Aflidnvit(Subcontractor) Allachment ti-Certificatino of Conrplilmce Nvitlt WRgc PayuIc111 Stalotes This Agreement cntercd into as of the clay and year First%vrillen above, OW'NE iglrrrlrac} CONT AC7 R(Si at re} (/minted rnuns(All title) (11rirlterl nr11Ne C111[l!lllc. AIA 13nonnontA101-2017.Copyrfpl,119 1915,1910,1925,1937, I.1959,1961,1903,1907.1974,1977,1997•1991,1997.2007 and 2017.All lights [nit. roserved.'The An,o,ican InSlItUtu of A,chitecls;`A•oaocan Inslilute of Arcrtilects;'•ALA,."lbz AIA Lom,and`AlA ConvOcl Docun-ent are hadomak;of The Antarpcan Irstitnla lit Archittras.This document wns praduco,.l at 12 20;00 FT on 1012f1,12024 under OfM F1o.2114572995 wl+lcn expires on IWDW2026.Is nit far t resale,Is Ilconsud for one-lime use only,and may only he used In accordance with the AIA Oonlrncl Oorumnnls�'Termr,of SePJlee To report copyeillhl violali,:n3, n-limb Accittk,�nTainronlracts.cam. Us cr Notes; (19firie 1 17.4) Additions and Deletions Report for AIA° Document A 101°— 2017 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:20:00 ET on 10/29/2024. PAGE AGREEMENT made as of the 22nd day of October in the year 2024 (Name, legal status, address and other information) Mason County Support Services 411N5thSt Shelton,WA 98584 (Name, legal status, address and other information) J.A.Morris Construction,LLC 2424 Evergreen Park Dr SW Olympia,WA 98502 Mason County Building 10 Court Remodel—Phase 2 414 W Franklin St Shelton,WA 98584 Helix Designoup 6021 12th St E.Ste.201 Tacoma,WA 98424 PAGE 2 [X Established as follows: The Contractor shall provide a construction schedule that includes a period of 60 calendar days from Notice to Proceed for approval of submittals and procurement of materials prior to commencement of construction on site The Owner will vacate the entire premises for a period of 90 calendar days for construction work to be completed following the 60-dayperiod for material procurement. PAGE 3 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.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1986817124) [XXI Not later•than ( 150 )calendar days from the date of commencement of the Work. § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be ($r ),sweet to additions and-base bid Sum shall be One Million Fot t�Eight Thousand ($ 1 048 000 subject to additions for alternates 1-5 in the amount of One hundred Sixty-Four thousand $164 000 for a total contract sum of One Million Two hundred Twelve thousand$1,212,000.and deductions as provided in the Contract Documents. Additive Alternate No. 1 $71,400.00 Additive Alternate No.2 $20,400.00 Additive Alternate No.3 $11,400.00 Additive Alternate No.4 $57,400.00 Additive Alternate No.5 $3,400.00 PAGE 4 $500 for each consecutive calendar day that is in default after the Contract time. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 25th day of the month.If an Application for Payment is received by the Architect after the application date fixed above,payment of the amount certified shall be made by the Owner not later than th rty 0 )days after the Architect receives the Application for Payment. PAGE 5 5% One %1% PAGE 6 [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 Mark Neary Mason Counjy County Administrator mnearygmasoncoun wa.gov (360)427-9670 ext,530 PAGE 7 Paul Orth Project Manager paulgi amorrisconstruction.com (360)570-8515 Additions and Deletions ReportforAIA DocumentA101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are 2 trademarks of The American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1986817124) A Contractor,defined as the primary participant and its principals certifies that to the best of its knowledge and belief they: 1 Are not presently debarred suspended proposed for debarment declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. 2 Have not within a threeyear period preceding this Contract been convicted of or had a civil iudgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public or private agreement or transaction violation of Federal or State antitrust statutes or commission of embezzlement theft forgery,bribery,falsification or destruction of records making false statements,tax evasion receiving stolenpropegy,making false claims or obstruction of justice. 3 Are not presently indicted for or otherwise criminally or civilly charged,d by a governmental entity(Federal,State, or local)with the commission of any of the offenses enumerated in paragraph(1)(b)of Federal Executive Order 12549. 4 Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal State or local)terminated for cause or default. B.Where the Contractor is unable to certify_any of the statements in this Contract the Contractor shall attach an explanation to this Contract. C.The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower-tier covered transaction with a person who is debarred suspended declared ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the Department of Commerce. D.The Contactor further agrees by signing this Contract that it will include the clause titled"Certification Regarding Debarment Suspension Ineli i bility and Voluntary Exclusion-Lower Tier Covered Transaction,"as follows,without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions: 1 The lower tier subcontractors certify that neither they nor their principals are presently debarred suspended, proposed for debarment declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency 2 Where the lower tier subcontractors are unable to certify to any of the statements in this Contract,such subcontractors shall attach an explanation to this Contract. E.The terms covered transaction debarred suspended ineligible lower tier covered transaction person,primary covered transaction principal and voluntarily excluded,as used in this section have the meanings set out to the Definitions and Coverage sections of the rules implementing Executive order 12549 You may contact the Department of Commerce for assistance in obtaining a copy of these regulations. PAGE 8 Mason Co Courts Remodel Bid Mason Co&Court 5/24/24 Set 8.16.24 Remodel—Phase 2 Mason Co Courts Remodel Mason County Building 5/1/24 1-377 Specifications 8.16.244 10 Court Remodel— Phase 2 Mason County—Courthouse Phase 2 8/19/24 11-55 Addendum No.1 Mason Count/Courthouse Phase 2 8/22/24 11-44 Addendum No.2 Mason County Courthouse Phase 2 9/12/24 11-22 Addendum No.3 Additions and Deletions Report for AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997, 2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are 3 trademarks of The American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@agacontracts.com. (1986817124) User Notes: A100&A101 Mason Co Courts 9/16/24 11-22 Remodel Bid Addendum #3 091624 Mason County Courthouse Phase 2 9/20/24 1 Addendum No.4 PAGE 9 J A Morris Construction LLC Bid for District Court House—Building#10 Court Remodel-Phase 2 Non-Collusion Affidavit(Contractor) Non-Collusion Affidavit(Subcontractor) Attachment B—Certification of Compliance with Wale Payment Statutes Additions and Deletions Report for AIA DocumentA101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997, 2007 and 2017.All rights reserved.'The American Institute of Architects,""American Institute of Architects;"AIA,"the AIA Logo,and"AIA Contract Documents"are 4 trademarks of The American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. (1986817124) User Notes: 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 12:20:00 ET on 10/29/2024 under Order No.2114572985 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A101TM—2017,Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) D✓tl CGIJ'1 �VYI•✓t� �iZ� (Title) ll �lzaz4 (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved."The American Institute of Architects;"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:20:00 ET on 10/29/2024 under Order No.2114572985 which expires on 10103/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1986817124) AIADocument A201° — 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: Mason County Court Remodel—Phase 2 Building 10 The author 414 West Franklin Street-Shelton,WA 98584 added information needed for its completion.The author may also THE OWNER: have revised the text of the original (Mane,legal status and address) AIA standard form.An Additions and Deletions Report that notes added Mason County information as well as revisions to the 411 N.511 Street-Shelton,WA 98584 standard form text is available from the author and should be reviewed.A THE ARCHITECT: vertical line in the left margin of this (Name,legal status and add)-ess) document indicates where the author has added necessary information Helix Design Group,Inc. and where the author has added to or 6021 1211 Street East,Suiter 201-Tacoma,WA 98424 deleted from the original AIA text. This document has important legal TABLE OF ARTICLES consequences.Consultation with an attorney is encouraged with respect 1 GENERAL PROVISIONS to its completion or modification. 2 OWNER For guidance in modifying this document to include supplementary 3 CONTRACTOR conditions,see AIA Document A503-,Guide for Supplementary 4 ARCHITECT Conditions, 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.`The American Institute of Architects,""American Institute of Architects;"AIA,the AIA Logo,and"AIA Contract Documents"are trademarks of The 1 American Institute of Architects.This document was produced at 12:22:25 ET on 10292024 under Order No.21l4573918 which expires on 10/072025,is not for t 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 dodnfo@aiacomracls.com. User Notes: (877553505) 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 9.6.6,9.9.3,12.3 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 3.16,6.2.1,12.1 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 3.2.4,3.3.1,4.2.6,4.2.7,13.4.2 Acts and Omissions Architect's Interpretations 3.2,3.3.2,3.12.8,3.18,4.2.3,8.3.1,9.5.1,10.2.5, 4.2.11,4.2.12 10.2.8,13.3.2,14.1,15.1.2,15.2 Architect's Project Representative Addenda 4.2.10 1.1.1 Architect's Relationship with Contractor Additional Costs,Claims for 1.1.2,1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, 3.7.4,3.7.5,10.3.2,15.1.5 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16, Additional Inspections and 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 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 3.2.4,3.7.4,3.7.5,3.10.2,8.3.2,15.1.6 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4,11.3 Administration of the Contract Architect's Representations 3.1.3,4.2,9.4,9.5 9.4.2,9.5.1,9.10.1 Advertisement or Invitation to Bid Architect's Site Visits 1.1.1 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 4.2.13 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 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.5.4,9.6.3,9.7,9.10 6.1.1,6.1.2 Approvals Award of Subcontracts and Other Contracts for 2.1.1,2.3.1,2.5,3.1.3,3.10.2,3,12.8,3.12.9, Portions of the Work 3.12.10.1,4.2.7,9.3.2,13.4.1 5.2 Arbitration Basic Definitions 8.3.1,15.3.2,15.4 1.1 ARCHITECT Bidding Requirements 4 1.1.1 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 2.5,3.12.7,4.1.2,4.2,5.2,6.3,7.1.2,7.3.4,7.4,9.2, Bonds,Lien 9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3,12.1,12.2.1, 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 ofAuthority 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 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4,9.4.2, 1.8 9.5.4,9.6.4,15.1.4,15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.5,12.2.1,13.4.2,13.4.3,14.2.4 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 Document A201-2017.Copyright 0 1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The Amedcan Institute of Architects;'American Institute of Architects,'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 2 American Institute of Architects.This document was produced at 12:22:25 ET on 10/2912024 under Order No.2114573918 which expires on 10/07/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of service.To report copyright violations, e-mail docinfo@aiacontracts.com. U (877553505) User Notes: Certificates for Payment Concealed or Unknown Conditions 4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, 3.7.4,4.2.8,8.3.1,10.3 9.10.1,9.10.3,14.1.1.3,14.2.4,15.1.4 Conditions of the Contract Certificates of Inspection,Testing or Approval 1.1.1,6.1.1,6.1.4 13.4.4 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, 9.10.2 15.4.4.2 Change Orders Consolidation or Joinder 1.1.1,3.4.2,3.7.4,3.8.2.3,3.11,3.12.8,4.2.8,5.2.3, 15.4.4 7.1.2,7.1.3,7.2,7.3.2,7.3.7,7.3.9,7.3.10,8.3.1, CONSTRUCTION BY OWNER OR BY 9.3.1.1,9.10.3,10.3.2,11.2,11.5,12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 2.2.2,3.11,4.2.8,7,7.2.1,7.3.1,7.4,8.3.1,9.3.1.1, Construction Change Directives 11.5 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,Definition of 9.3.1.1 15.1.1 Construction Schedules,Contractor's Claims,Notice of 3.10,3.11,3.12.1,3.12.2,6.1.3,15.1.6.2 1.6.2,15.1.3 Contingent Assignment of Subcontracts CLAIMS AND DISPUTES 5.4,14.2.2.2 3.2.4,6.1.1,6.3,7.3.9,9.3.3,9.10.4,10.3.3,15,15.4 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 3.2.4,3.3.1,3.7.4,7.3.9,9.5.2,10.2.5,10.3.2,15.1.5 CONTRACT,TERMINATION OR Claims for Additional Time SUSPENSION OF THE 3.2.4,3.3.1,3.7.4,6.1.1,8.3.2,9.5.2,10.3.2,15.1.6 5.4.1.1,5.4.2,11.5,14 Concealed or Unknown Conditions,Claims for Contract Administration 3.7.4 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 11.3.2,14.2.4,15.1.7 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 1.1.1 Commencement of the Work,Conditions Relating to Contract Sum 2.2.1,3.2.2,3.4.1,3.7.1,3.10.1,3.12.6,5.2.1,5.2.3, 2.2.2,2.2.4,3.7.4,3.7.5,3.8,3.10.2,5.2.3,7.3,7.4, 6.2.2,8.1.2,8.2.2,8.3.1,11.1,11.2,15.1.5 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 3.9.1,4.2.4 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, 9.10,12.2,14.1.2,15.1.2 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 Completion,Substantial 8.1.1 3.10.1,4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1, CONTRACTOR 9.10.3,12.2,15.1.2 3 Compliance with Laws 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 13.3,13.4.1,13.4.2,13.5,14.1.1,14.2.1.3,15.2.8, 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 AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,197D,1976,1987,1997,2007 and 2017.All rights Init. reserved."The American Institute of Archflects,"Americen Institute of Architects,'*AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 3 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10/07/2025,Is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (877553605) I II Contractor's Employees Damage to Construction of Owner or Separate 2.2.4,3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6,10.2, 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 11.1 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 and Owner'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, 3.12.5,3.14.2,4.2.4,6,11.3,12.2.4 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 Relationship with the Architect 8.1.2 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, Date of Substantial Completion,Definition of 3.5.1,3.7.4,3.10,3.11,3.12,3.16,3.18,4.2,5.2,6.2.2, 8.1.3 7,8.3.1,9.2,9.3,9.4,9.5,9.7,9.8,9.9,10.2.6,10.3, Day,Definition of 11.3,12,13.4,15.1.3,15.2.1 8.1.4 Contractor's Representations Decisions of the Architect 3.2.1,3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 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 3.3.2,3.18,5.3,6.1.3,6.2,9.5.1,10.2.8 Decisions to Withhold Certification Contractor's Review of Contract Documents 9.4.1,9.5,9.7,14.1.1.3 3.2 Defective or Nonconforming Work,Acceptance, Contractor's Right to Stop the Work Rejection and Correction of 2.2.2,9.7 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 14.1 Definitions Contractor's Submittals 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 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 Contractor's Supervision and Construction Digital Data Use and Transmission Procedures 1.7 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, Disputes 7.3.4,7.3.6,8.2,10,12,14,15.1.4 6.3,7.3.9,15.1,15.2 Coordination and Correlation Documents and Samples at the Site 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 3.11 Copies Furnished of Drawings and Specifications Drawings,Definition of 1.5,2.3.6,3.11 1.1.5 Copyrights Drawings and Specifications,Use and Ownership of 1.5,3.17 3.11 Correction of Work Effective Date of Insurance 2.5,3.7.3,9.4.2,9.8.2,9.8.3,9.9.1,12.1.2,12.2,12.3, 8.2.2 15.1.3.1,15.1.3.2,15.2.1 Emergencies Correlation and Intent of the Contract Documents 10.4,14.1.1.2,15.1.5 1.2 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, 7.3.4 10.3.3,11.3,14.1,14.2.1.1 Costs Equipment,Labor,or Materials 2.5,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 1.1.3,1.1.6,3A,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 7.3.3.3,7.3.4,7.3.8,7.3.9,9.10.2,10.3.2,10.3.6,11.2, 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, 12.1.2,12.2.1,12.2.4,13.4,14 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 A201-2017.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute of Architects;"AIA;the AIA Logo,and'AIA Contract Documents"are trademarks of The 4 American Institute of Architects.This document was produced at 12:22:25 ET on 10@9/2024 under Order No.2114573918 which expires on 10/07/2025,is not for I 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 docinfo@aiacontracts.com. User Notes: (877553505) 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 10.4,14.3,15.1.6,15.2.5 INSURANCE AND BONDS Failure of Payment 11 9.5.1.3,9.7,9.10.2,13.5,14.1.1.3,14.2.1.2 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 2.2.1,13.2.2,14.1.1.4 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 13.1 Interpretations,Written Guarantees(See Warranty) 42.11,4.2.12 Hazardous Materials and Substances Judgment on Final Award 10.2.4,10.3 15.4.2 Identification of Subcontractors and Suppliers Labor and Materials,Equipment 5.2.1 1.1.3,1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Indemnification 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, 3.17,3.18,9.6.8,9.10.2,10.3.3,11.3 10.2.4,14.2.1.1,14.2.1.2 Information and Services Required of the Owner Labor Disputes 2.1.2,2.2,2.3,3.2.2,3.12.10.1,6.1.3,6.1.4,6.2.5, 8.3.1 9.6.1,9.9.2,9.10.3,10.3.3,11.2,13.4.1,13.4.2, Laws and Regulations 14.1.1.4,14.1.4,15.1.4 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 14.2.4,15.1.4.2,15.2.1,15.2.2,15.2.3,15.2.4,15.2.5 12.2.5,15.1.2,15.4.1.1 Initial Decision Maker,Extent of Authority 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, 10.2.8,10.4 11.3,12.2.5,13.3.1 Inspections Limitations of Time 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 9.9.2,9.10.1,12.2.1,13.4 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 3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2,12,13.4.2 10.2.4,10.3 Instruments of Service,Definition 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, 6.1.1,7.3.4,8.2.2,9.3.2,9.8.4,9.9.1,9.10.2,10.2.5,11 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 11.1.4,11.2.3 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 8.2.2,14.4.2 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 A201—20W.Copyright 0 19 11.1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 5 American Institute of Architects.This document was produced at 12:22:25 ET on 1 012 9/2 0 24 under Order No.2114573918 which expires on 1010712025,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 doclnfo@aiamniracls.com. User Notes: (877653505) MISCELLANEOUS PROVISIONS Owner's Right to Clean Up 13 6.3 Modifications,Definition of Owner's Right to Perform Construction and to 1.1.1 Award Separate Contracts Modifications to the Contract 6.1 1.1.1,1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, Owner's Right to Stop the Work 10.3.2 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 9.6.6,9.9.3,12.3 14.2,14.4 Nonconforming Work,Rejection and Correction of Ownership and Use of Drawings,Specifications 2.4,2.5,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, 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 1.6,1.6.1,1.6.2,2.1.2,2.2.2.,2.2.3,2.2.4,2.5,3.2.4, Partial Occupancy or Use 3.3.1,3.7.4,3.7.5,3.9.2,3.12.9,3.12.10,5.2.1,7.4, 9.6.6,9.9 8.2.2 9.6.8,9.7,9.10.1,10.2.8,10.3.2,11.5,12.2.2.1, Patching,Cutting and 13.4.1,13.4.2,14.1,14.2.2,14.4.2,15.1.3,15.1.5, 3.14,6.2.5 15.1.6,15.4.1 Patents Notice of Cancellation or Expiration of Insurance 3.17 11.1.4,11.2.3 Payment,Applications for Notice of Claims 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, 1.6.2,2.1.2,3.7.4,9.6.8,10.2.8,15.1.3,15.1.5,15.1.6, 14.2.3,14.2.4,14.4.3 15.2.8,15.3.2,15.4.1 Payment,Certificates for Notice of Testing 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, 13.4.1,13.4.2 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 2.3.1,9.6.6,9.8 4.2.1,4.2.9,9.10,12.3,14.2.4,14.4.3 Orders,Written Payment Bond,Performance Bond and 1.1.1,2.4,3.9.2,7,8.2.2,11.5,12.1,12.2.2.1,13.4.2, 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 2.1.1 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 2.2,13.2.2,14.1.1.4 PCB Owner,Information and 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 9.6.1,9.6.4,9.9.2,9.10.3,10.3.3,11.2,13.4.1,13.4.2, 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 Authority 2.3.1,3.7,3.13,7.3.4.4,10.2.2 1.5,2.1.1,2.3.32.4,2.5,3.4.2,3.8.1,3.12.10,3.14.2, PERSONS AND PROPERTY,PROTECTION OF 4.1.2,4.2.4,4.2.9,5.2.1,5.2.4,5.4.1,6.1,6.3,7.2.1, 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 10.3.2,11.4,11.5,12.2.2,12.3,13.2.2,14.3,14.4, 10.3.1 15.2.7 Product Data,Definition of Owner's Insurance 3.12.2 11.2 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 [nit. AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute ofArchilects;'AIA,"the AIA Logo,and'AIA Contract Documents'are trademarks of The 6 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10107/2025,Is not for / resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (877553506) Project,Definition of Separate Contracts and Contractors 1.1.4 1.1 A,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 1.1.1 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 1.5,2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4,9.9.1, 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 Rejection 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 4.2.6,12.2.1 Special Inspections and Testing Releases and Waivers of Liens 4.2.6,12.2.1,13.4 9.3.1,9.10.2 Specifications,Definition of Representations 1.1.6 3.2.1,3.5,3.12.6,8.2.1,9.3.3,9.4.2,9.5.1,9.10.1 Specifications Representatives 1.1,1,1.1.6,1.2.2,1.5,3.12.10,3.17,4.2.14 2.1.1,3.1.1,3.9,4.1.1,4.2.10,13.2.1 Statute of Limitations Responsibility for Those Performing the Work 15.1.2,15.4.1.1 3.3.2,3.18,4.2.2,4.2.3,5.3,6.1.3,6.2,6.3,9.5.1,10 Stopping the Work Retainage 2.2.2,2.4,9.7,10.3,14.1 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Stored Materials Review of Contract Documents and Field 6.2.1,9.3.2,10.2.1.2,10.2.4 Conditions by Contractor Subcontractor,Definition of 3.2,3.12.7,6.1.3 5.1.1 Review of Contractor's Submittals by Owner and SUBCONTRACTORS Architect 5 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Subcontractors,Work by Review of Shop Drawings,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, by 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 1.1.2,2.4,2.5,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, Submittals 6.3,7.3.1,8.3,9.5.1,9.7,10.2.5,10.3,12.2.1,12.2.2, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4,9.2,9.3,9.8, 12.2.4,13.3,14,15.4 9.9.1,9.10.2,9.10.3 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 Property Substances,Hazardous 10.2,10.4 10.3 Safety Precautions and Programs Substantial Completion 3.3.1,4.2.2,4.2.7,5.3,10.1,10.2,10.4 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 3.11,3.12,4.2.7 Substitution of Subcontractors Samples at the Site,Documents and 5.2.3,5.2.4 3.11 Substitution of Architect Schedule of 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.All rights reserved.'The American Institute ofArchtlects,'American Institute of Architects;'AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The 7 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10/07/2026,Is not for ! resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents•Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (877553505) Subsurface Conditions Time Limits 3.7.4 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, Successors and Assigns 5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3,9.4.1, 13.2 9.5,9.6,9.7,9.8,9.9,9.10,12.2,13.4,14,15.1.2, Superintendent 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 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, Title to Work 7.3.4,8.2,8.3.1,9.4.2,10,12,14,15.1.4 9.3.2,9.3.3 Suppliers UNCOVERING AND CORRECTION OF WORK 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.5.4,9.6, 12 9.10.5,14.2.1 Uncovering of Work Surety 12.1 5.4.1.2,9.6.8,9.8.5,9.10.2,9.10.3,11.1.2,14.2.2, Unforeseen Conditions,Concealed or Unknown 15.2.7 3.7.4,8.3.1,10.3 Surety,Consent of Unit Prices 9.8.5,9.10.2,9.10.3 7.3.3.2,9.1.2 Surveys Use of Documents 1.1.7,2.3.4 1.1.1,1.5,2.3.6,3.12.6,5.3 Suspension by the Owner for Convenience Use of Site 14.3 3.13,6.1.1,6.2.1 Suspension of the Work Values,Schedule of 3.7.5,5.4.2,14.3 9.2,9.3.1 Suspension or Termination of the Contract Waiver of Claims by the Architect 5.4.1.1,14 13.3.2 Taxes Waiver of Claims by the Contractor 3.6,3.8.2.1,7.3.4.4 9.10.5,13.3.2,15.1.7 Termination by the Contractor Waiver of Claims by the Owner 14.1,15.1.7 9.9.3,9.10.3,9.10A,12.2.2.1,13.3.2,14.2.4,15.1.7 Termination by the Owner for Cause Waiver of Consequential Damages 5.4.1.1,14.2,15.1.7 14.2.4,15.1.7 Termination by the Owner for Convenience Waiver of Liens 14.4 9.3,9.10.2,9.10.4 Termination of the Architect Waivers of Subrogation 2.3.3 6.1.1,11.3 Termination 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 Inspections 1.1.3 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, Written Consent 9.9.2,9.10.1,10.3.2,12.2.1,13.4 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 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, Written Orders 10.3.2,10.4,14.3.2,15.1.6,15.2.5 1.1.1,2.4,3.9,7,8.2.2,12.1,12.2,13.4.2,14.3.1 Init. AIA Document A201—2017.copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963.1966,1970,1976.1987,1997,2007 and 2017.All rights resa wed.'The American Institute of Architects;'American Institute of Architects;°AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The S American Insthute of Architects.This document was produced at 12:22:25 ET on 1029/2024 under Order No.2114573918 which expires on 10/0712025,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 Notations, e-mail docinfo@alaconlracts.com. User Notes: (877553505) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement, and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive,or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not 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. § 1.1.2 The Contract The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(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 facilitate performance of the Architect's duties. § 1.1.3 The Work The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment,and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents maybe the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work,generally including plans,elevations,sections,details,schedules,and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards and workmanship for the Work,and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements.Instruments of Service may include,without limitation,studies,surveys,models, sketches,drawings,specifications,and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2.The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Init. AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute ofArchitects;'AIA;the AIA Logo,and'AIA Contract Documents are trademarks of The 9 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10107/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Document0 Terms of Service.To report copyright violations, e-mail doclnfo@alacontracts.com. User Notes: (877553505) § 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 ofthe 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. § 1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents,words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles,or(3)the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any"and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings,Specifications,and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and retain all common law,statutory,and other reserved rights in their Instruments of Service,including copyrights.The Contractor,Subcontractors, Sub-subcontractors,and suppliers shall not own or claim a copyright in the Instruments of Service.Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'reserved rights. § 1.5.2 The Contractor,Subcontractors,Sub-subcontractors,and suppliers are authorized to use and reproduce the Instruments of Service provided to them,subject to any protocols established pursuant to Sections 1.7 and 1.8,solely and exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service.The Contractor,Subcontractors,Sub-subcontractors,and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner,Architect,and the Architect's consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2,where the Contract Documents require one party to notify or give notice to the other party,such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person,by mail,by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail,or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon written protocols governing the transmission and use of,and reliance on,Instruments of Service or any other information or documentation in digital form. § 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 written protocols governing the use of,and reliance on,the information contained in the model 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. Init. AIA Document A201-2017.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Archilects,"Amedran Institute ofArchilects;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 10 American Institute ofkchdects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573g18 which expires on 10/07/2025,Is not for / resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents6 Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (877553505) ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization.Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall 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 information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. § 2.2 Evidence of the Owner's Financial Arrangements § 211 Prior to commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.If commencement of the Work is delayed under this Section 2.2.1,the Contract Time shall be extended appropriately. § 212 Following commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if(1)the Owner fails to make payments to the Contractor as the Contract Documents require; (2)the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or(3)a change in the Work materially changes the Contract Sum.If the Owner fails to provide such evidence,as required,within fourteen days of the Contractor's request,the Contractor may immediately stop the Work and,in that event,shall notify the Owner that the Work has stopped.However,if the request is made because a change in the Work materially changes the Contract Sum under(3)above,the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided.If the Work is stopped under this Section 2.2.2,the Contract Time shall be extended appropriately and the Contract 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 materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as"confidential,"the Contractor shall keep the information confidential and shall not disclose it to 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 arbitrator(s)order.The Contractor may also disclose"confidential"information to its employees,consultants, sureties,Subcontractors and their employees,Sub-subcontractors,and others who need to know the content of such information solely and exclusively for the Project and who agree to 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, including 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. § 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. Init. AIA Document A201—2017.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The Amedcan Institute of Architects;'American Institute of Architects;'AIA,'the AIA Logo,and"AIA Contract Documents'are trademarks of The 11 American Institute of Architects.This document was produced at 12:22:25 ET on 10129/2024 under Order N0.2114573918 which expires on 10/07/2025,Is not for I 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 dwlnfo@aiawntracts.com. User Notes: (877653505) §2.3.4 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site ofthe Project,and a legal description ofthe site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance ofthe Work. §2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance ofthe Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents,the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. §2.4 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part ofthe Owner to exercise this right for the benefit of the Contractor or any other person or entity,except to the extent required by Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have, correct such default or neglect.Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may,pursuant to Section 9.5.1,withhold or nullify a Certificate for Payment in whole or in part,to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect,or failure.If current and future payments are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner.If the Contractor disagrees with the actions ofthe Owner or the Architect,or the amounts claimed as costs to the Owner,the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Contractor shall be lawfully licensed,if required in the jurisdiction where the Project is located.The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.The term"Contractor"means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration ofthe Contract,or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution ofthe 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 ofthe Contract Documents. § 3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion ofthe Work,carefully study and compare the various Contract Documents relative to that portion ofthe Work,as well as the information furnished by the Owner pursuant to Section 2.3.4,shall take field measurements of any existing conditions related to that portion ofthe Work,and shall observe any conditions at the site affecting it.These Init. AIA Document A201—2017.Copyright 0 1911,1915,1918,1925.1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute of Architects;°AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 12 American Institute of Architects.This document was produced at 12:22:25 ET on 1 012 912 024 under Order No.2114573918 which expires on 10/07/2025,is not for / resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations, e-mail docinfo@alawntracts.com. User Notes: (877553505) 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 Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional,unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15.If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to the Owner,subject to Section 15.1.7,as would have been avoided if the Contractor had performed such obligations.If the Contractor performs those obligations,the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents,for differences between field measurements or conditions and the Contract Documents,or for nonconformities of the Contract Documents to applicable laws,statutes, ordinances,codes,rules and regulations,and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for,and have control over,construction means,methods,techniques,sequences, and procedures,and for coordinating all portions of the Work under the Contract.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences,or procedures,the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means,methods, techniques,sequences,or procedures.If the Contractor determines that such means,methods,techniques,sequences or procedures may not be safe,the Contractor shall give timely notice to the Owner and Architect,and shall propose alternative means,methods,techniques,sequences,or procedures.The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction.Unless the Architect objects to the Contractor's proposed alternative,the Contractor shall perform the Work using its alternative means,methods, techniques,sequences,or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for,or on behalf of,the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §3.4.2 Except in the case of minor changes in the Work approved by 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. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. Init. AIA Document A201-2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All fights reserved.'The American Institute of Archftects;'American Institute ofArchitecls,'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 13 American Institute of Archftects.This document was produced at 12:22:25 ET on 10/29/2024 under order No.2114573918 which expires on 10/07/2025,Is not for / resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.mm. User Notes: (877563505) § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements ofthe 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 or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect, the Contractor shall famish 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 name of the Owner,or shall be transferable to the Owner,and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales,consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits,Fees,Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as for other permits,fees,licenses,and inspections by government agencies necessary for proper execution and completion ofthe Work that are customarily secured after execution ofthe Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities applicable to performance ofthe Work. § 3.7.3 Ifthe Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are(1)subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities ofthe 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 ofthe conditions.The Architect will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for, performance of any part ofthe Work,will recommend that an equitable adjustment be made in the Contract Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms ofthe Contract is justified,the Architect shall promptly notify the Owner and Contractor,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may submit a Claim as provided in Article 15. § 3.7.5 If,in the course ofthe Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect.Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations.The Contractor shall continue to suspend such operations until 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 he made as provided in Article 15. § 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. Init. AIA Document A201—2017.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.Al rights reserved.'The American Institute of Architects,'American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 14 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10/07/2025,is not for / resale,is licensed for one-lime use only,and may only be used in accordance with the AIA Contract Documents$Terms of Service.To report copyright violations, e-mail docinfo@aiacontracls.com. User Notes: (877553505) § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit,and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances;and .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount ofthe 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 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance ofthe 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 Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the name and qualifications of a proposed superintendent.Within 14 days of receipt ofthe 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 of no 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. § 3.10 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 information a Contractor's construction schedule for the Work.The schedule shall contain detail appropriate for the Project,including(1)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 ofthe Work.The schedule shall provide for the orderly progression ofthe 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 ofthe 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 not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 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 delivered to the Architect for submittal to the Owner upon completion ofthe Work as a record of the Work as constructed. Init. AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Archtiects,"American Institute of Architects;'AIA,'the AIA Logo,and'AIA Contract Documents are trademarks of The 15 American Institute of Archhects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10/0712025,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents•Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (877553505) § 3.12 Shop Drawings,Product Data and Samples §3.12.1 Shop Drawings are drawings,diagrams,schedules,and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier,or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams,and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3,12.3 Samples are physical examples that illustrate materials,equipment,or workmanship,and establish standards by which the Work will be judged. §3.12.4 Shop Drawings,Product Data,Samples,and similar submittals are not Contract Documents.Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals.Review by the Architect is subject to the limitations of Section 4.2.7.Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents,approve,and submit to the Architect,Shop Drawings,Product Data,Samples,and similar submittals required by the Contract Documents,in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings,Product Data,Samples,and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed and approved them,(2)determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of 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. § 3.12.6 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples,or similar submittals,unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples,or similar submittals,by the Architect's approval thereof. § 3,12.9 The Contractor shall direct specific attention,in writing or 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. § 3.12.10 The Contractor shall not he required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences,and procedures.The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems,materials,or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will 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, Init. AIA Document A201—2017,Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents are trademarks of The 16 American Institute of Architects.This document was produced at 12:22:26 ET on 1 02 912 0 24 under Order No.2114573918 which expires on 10107/2025,Is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumenlsvTerms of Service.To report copyright violations, e-mail dminfo@aiawntracls.com. User Notes; (877553505) whose slgnnlurc and seal sfudI appear Au nth drawings,calwdntions,spccllicullcnls,certi0culiuus,tihult 13ulwmp,and Adler submittals prepared by such limlbssionat.Shop Dnnvings,and other submittals related to Ilia Work,designed or corlii led by such professimlal,i f prepared by ollcrs,shull bear such prodi.ssional's written Approval when submitted to lute Areliftech'flte Owner and the Architect shrill lie entitled to rely upon the Adequacy and Accuracy of the services, cenlifications,and Approvals perlbrmed or provided by such design proriessioaals,provided Iho Owner and Archilecl hove speciliud 10Ihe Contractor[Ito perfamit nce And design criteria that such services unist snlisly.Pursuant 10 this Section 3.12,10,the Architect will review and approve or lake other appropriate Action on submittals only for ilia limited purpose of checking for conformance with inforninlion given and the design concept expressed in the Contract Pocinnrc1115 §3.12,10.21tlhc Contract Documents retluire the Controelor's design professional lA calffy that Ilia Work has been perfot mad in accordance with Iho design criteria,ilia Contractor shall furnish such certifications to Ilia Archilecl at ilia little and in ilia form spceilted by[lie Archilecl, §3.13 Use of Site The Contractor shall eonGne oporaliols at Iho silo to Areas ponmftied by applicable lows,stalules,ordinances,codes, nlles and regulations,lawful orders of public mullorilies,and the Contract Documents And shall not unreasonably ancumber ilia site with materials or equipmtmL §3,14 Cutting and Parching §3.14.1 The Contractor shall be responsible for culling,tilling,or palchhig icrltlired to complelethe Wark or to make its parts fit together properly.All areas requiring calling,filling,or p alchiogshall be restored to Ilia condition existing prior to ilia culling,filling,or pulchdull,unless otherwise required by ilia Contract Documents, § 3.14,21'Ite Conlruclorshall nut daninu or endmigera portion of Ilse Work or fully or poriially completed construction orllle Owner or Sepanite Contractors by culling,patching,or otherwise altering such construction,or by excavation.The Contractor shall not cut or olhcrwvise Allier construction by Iha Owner or A Scpnrale Contractor except with written consent of the Owner And or Ilia Scpnrntc Cotumclnr.Consent shall not ire unreasonably willihedd.The Coil lraclur shall not unreasonably withhold,from the Owner or a ScpuraloContractor,its consent to cutting or lnhctwise Alluring the Work, § 3.15 Cleaning Up § 3,151 Tile Contractor shall keep llie premises and swruunding Aran free front Accumulation of haste nlutcnnls And rubbish mused by operations under Ilia Cotilmd.At completion of ilia Work,ilia Contractor shall remove waste nmloriuls,rubbish,ilia CAniruclor's tools,emisitucliou cquipmoni,machinery,end surplus materials from And About Ilia Project. §3.15.2 Irlhe Comiacior roils to dean up asprovided in IheC.anirncl Documents,Ilia Owner piny do so and ilia Owner shall be entitled In rcindause mans from till:Contractor, §3,16 Access to Work The Couraclor shall provide the Owner and Architect wills access In Ills Work in prelmallion and Ilmolass whoever located §3.17 Royallloal Patents and Copyrights The Contractor shall pity All royalties and license fcus,The Cuutnlclorshall deitnd suils or claims lilr hirringaueni of copyrighls and patent rights And stall hold the Owner nod Archilecl harmless front loss on 0=11111 thereat,hill shall not lie responsible for defense or loss when a particular design,process,or prodacl ol'a particular manalllclurer or nmuurumm rs is required by tic Contract Doeuawnis,or where ilia copyrigbi violations lire coninined in Drawings, Spociricalions,or other documents prepared by the Owner or Architect I lowever,if an infringement of n copyright ur patent is discovered by,or made known to,!hc Contractor,the Cumnictor slaill be taspmisiblc for Ilia loss Autism the infannatiou is promptly rumished lu ill:Archilecl. §3.18Indemnification 3,18.1 114 ilia lullest emcm permitted by lmv,the Contractor agrees to indenulify,defend And hold ilia Owner find its rlepnlinienlx, clCicll And appointed officials, cnlphlyces, Agents and voluniccrs, Imnuless fiend And Intl. AlA Doc umon A201—2017.Copyi(ohl0 1011.1015.1115,1026,107,1001,1068,1001,1068,1000.1070,ISM 1987.1007,2007 and 2017,All nOAIr msorv.d'ThoAlnorluurins11106oMcaluoets;WoorlmnlailllulaclArdfiacts,"AIA,'Ilia AIAI.aoo,ow)'AIAConlruelnacunlenleofaIlAdamnikeoiTAo 17 Nnudcon InOula of Aichll.ds.This documanl was produced at 1222 2.6 ET on 1012.012024 undot oidar No.211A67301e viblcb oypiros oil 10107/2 0 2 6,I11161(or ra.vds,Is Ilconsed ter onodhno use only,and cony ontyho.sod In aeeardmica will)Inn AIA CoAAntl oocummnls*Taints or Bolviao.To lepod eopya0A1 vlolalloas, o•msu 440nnro$alaconlmcts.6om Mor Now.: (071663606) 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)arc 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 their 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 Owner 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 Owner.In the event of the concurrent negligence of the Contractor,its subcontractors,employees or agents,and the Owner,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 any way by the Washington State Industrial Insurance Act,RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act,and the Contractor hereby expressly waives any immunity afforded by such acts.The foregoing indemnification obligations of the Contractor are a material inducement to Owner to enter into this Agreement,are reflected in the Contractor's compensation,and have been mutually 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 subcontractors shall indemnify the Owner on a basis equal to or exceeding Contractor's indemnity obligations to the Owner. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to Owner or must specifically allow the named insure to waive subrogation prior to a loss. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation,or benefits payable by or for the Contractor or a Subcontractor under workers'compensation acts, disability benefit acts,or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties,responsibilities,and 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 be 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. § 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 Init. AIA Document A201—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute ofArchitects;'American Institute cfArchitects;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 18 Amedcan Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 1010712025,is not for I 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 copydght violations, e-mail docinfo@alacontracts.com. User Notes: (877653505) 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, and(3)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance 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 employees,or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and suppliers shall be through the Contractor.Communications by and with Separate Contractors shall be through the Owner.The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3,whether or not the Work is fabricated,installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,suppliers, their agents or employees,or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve,or take other appropriate action upon,the Contractor's submittals such as Shop Drawings,Product Data,and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5,and 3.12.The Architect's review shall not constitute approval of safety precautions or of any construction means,methods,techniques,sequences,or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may order minor changes in the Work as provided in Section 7.4.The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the 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 assembled by the Contractor pursuant to Section 9.10;and issue a final Certificate for Payment pursuant to Section 9.10. Init. AIA Document A201-2017.Copyright 01911,1915,1918,1926,1937,1951,1958,1961,1963,1966,1970,1976,1987.1997,2007 and 2017.All rights reserved.'The American Institute ofArchitects;'American Institute ofArchilecls,°AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 19 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 1010712026,is not for / resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (877553506) §4.2.10 If the Owner and Architect agree,the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site.The Owner shall notify the Contractor of any change in the duties,responsibilities and limitations of authority of the Project representatives. §4.2.11 The Architect will interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. §4.2,12 Interpretations and decisions of the Architect will be consistent with the intent of,and reasonably inferable from,the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either,and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS §5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor"does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents,the Contractor,as soon as practicable after award of the 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 within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor,person,or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. Init. AIA Document A201—2017.Copyright®1911,1915,1918,1925.1937,1951,1958,1961,1963.1966,1970,1976.1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 12:22:25 ET on 1 012 9/2 02 4 under Order No.2114573918 which expires on 10/07/2025.Is not for 20 I resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations, e-mail docinfo@alacontracts.com. U (877553505) User Notes: § 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 benefit of all rights,remedies,and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance 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 Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion ofthe Work is assigned by the Contractor to the Owner,provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements 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 obligations under the subcontract. § 5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor or other entity.If the Owner assigns the subcontract to a successor contractor or other entity,the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term"Separate Contractor(s)"shall 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,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then 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 01911,1915.1918,1925,1937,1951,1968,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute of Architects;"AIA,*the AIA Logo,and'AIA Contract Documents'are trademarks of The 21 American Institute of Architects.This document was produced at 12:22:25 ET on 1 0/2 912 024 under Order No.2114573918 which expires on 10107/2025,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 dminfo@aiamntracls.com. User Notes: (877553505) shall have the salve 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 § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2If 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 Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and 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 in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays,improperly timed activities or defective construction.The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays,improperly timed activities,damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor,Separate Contractors,and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor,and Architect.A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents.The Contractor shall proceed promptly with changes in the Work,unless otherwise provided in the Change Order, Construction Change Directive,or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a 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 ofthe 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 01911.1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.*The American Institute of Architects;'American Institute of Architects;°AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 22 American Institute ofArchftects.This document was produced at 12:22:25 ET on t0Y2912024 under Order No.2114573918 which expires on 10107/2025,Is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (877553505) Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions,or other revisions,the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,an amount for overhead and profit as set forth in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor,including applicable payroll taxes,fringe benefits required by agreement or custom, workers'compensation insurance,and other employee costs approved by the Architect; .2 Costs of materials,supplies,and equipment,including cost of transportation,whether incorporated or consumed; .3 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance,permit fees,and sales,use,or similar taxes,directly related to the change;and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the 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 the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them.Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment.The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines,in the Architect's professional judgment,to be reasonably justified.The Architect's 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 A201-2017.Copyright O 1911,1915,1918,1925.1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.Al rights reserved.'The American Institute of ArchBects;`American Institute ofArchilects;'AIA;the AIA Logo,and'AIA Contract Documents are trademarks of The 23 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10/07/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.mm. User Notes: (877553505) i § 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 ofthe Contract Time.The Architect's order for minor changes shall be in writing.If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time,the Contractor shall notify the Architect and shall not proceed to implement the change in the Work.Ifthe Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time,the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by(1)an act or neglect of the Owner or Architect,of an employee of either,or of a Separate Contractor;(2)by changes ordered in the Work; (3)by labor disputes,fire,unusual delay in deliveries,unavoidable casualties,adverse weather conditions documented in accordance with Section 15.1.6.2,or other causes beyond the Contractor's control;(4)by delay authorized by the Owner pending mediation and binding dispute resolution;or(5)by other causes that the Contractor asserts,and the Architect determines,justify delay,then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 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 A201-2017.Copyright 01911,1915.1918,1926,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute ofkchitects;'AIA;the AJA Logo,and'AIA Contract Documents'are trademarks ofThe 24 American Institute of Architects.This document was produced at 12:22:25 ET on 10129/2024 under Order No.2114573918 which expires on 1010712025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIAConlracl Documentse Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (877553505) § 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. §9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit a schedule of values to the Architect before the first Application for Payment,allocating the entire Contract 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 §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9.2,for completed portions of the Work.The application shall be notarized,if required,and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require,such as copies of requisitions,and releases and waivers of liens from Subcontractors and suppliers,and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made 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, and transportation to the site,for such materials and equipment stored offthe site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information,and belief,be free and clear of liens,claims,security interests,or encumbrances,in favor of the Contractor,Subcontractors,suppliers,or other persons or entities that provided labor, materials,and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either(1)issue to the Owner a Certificate for Payment in the full amount of the Application for Payment,with a copy to the Contractor;or(2)issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due,and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1;or(3)withhold certification of the entire Application for Payment,and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based on the Architect's evaluation of the Work and the data in the Application for Payment,that,to the best of the Architect's knowledge,information,and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount Init. AIA Document A201—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.Al rights reserved.`The American Institute of Archfiects;'Amerlcan Institute of Architects;'AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The 25 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10/0712025,is not for / resale,Is licensed for one-lime use only,and may only be used in accordance with the AIA Contract Documents$Terms of Service.To report copyright Aolations, e-mail docinfo@alacontracts.com. User Notes: (877563505) 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. However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to 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; or(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 § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims,unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,materials or equipment; .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 either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1,in whole or in part,that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed,certification will be made for amounts previously withheld. § 9.5.4If the Architect withholds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered.If the Owner makes payments by joint check,the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor,no later than seven days after receipt ofpayment from the Owner, the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. Init. AIA Document A201—2017.Copyright 01911.1915,1918,1925.1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.;The American Institute of Archflects,'American Institute of Architects; IA;'A the AIA Logo,and'AIA Contract Documents'are trademarks of The 26 American;The of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10107/2025,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 dminfo@aiaconlracts.com. User Notes: (877553505) § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work.If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to pay,or to see to the payment of money to,a Subcontractor or supplier,except as may otherwise be required by law. § 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. §9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy ofthe 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 ofthe 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 money to be placed in a separate account and not commingled with money of the Contractor,create any fiduciary liability or tort liability on the part of the Contractor for breach of trust,or entitle any person or entity to an award of punitive damages against the Contractor for breach ofthe requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents,the Contractor shall defend and indemnify the Owner from all loss,liability,damage or expense,including reasonable attorney's fees and litigation expenses,arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier.Upon receipt of notice of a lien claim or other claim for payment,the Owner shall notify the Contractor.If approved by the applicable court,when required,the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents,the amount certified by the Architect or awarded by binding dispute resolution,then the Contractor may,upon seven additional days'notice to the Owner and Architect,stop the Work until payment ofthe amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress ofthe Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the 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 ofthe Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt ofthe Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall, before issuance of the Certificate of Substantial Completion,complete 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 A201-2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.The American Institute of Architects;'American Institute ofArchnects;'AIA,'the AIA Logo,and'AIA Contract Documents°are trademarks of The 27 American Institute ofArchhects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 1 0/0 71202 5,Is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.cwm. User Notes: (877553505) 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 ofthe Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate.Upon such acceptance,and consent of 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 § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer 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 writing the responsibilities assigned to each of them for payments,retainage,if any,security,maintenance, heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. § 9.9.2Immediately prior to such partial occupancy or use,the Owner,Contractor,and Architect shall jointly inspect the area to be occupied or portion ofthe Work to be used in order to determine and record the condition ofthe Work. § 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions ofthe Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt ofthe Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection.When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best ofthe Architect's knowledge,information and belief,and on the basis ofthe Architect's on-site visits and inspections,the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect,(3)a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety,if any,to final payment,(5)documentation of any special warranties,such as manufacturers' warranties or specific Subcontractor warranties,and(6)if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts and releases and waivers of liens,claims,security interests,or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to 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, claim,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 Document A201—2017.Copyright®1911,1916,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.*The American Institute of Architects;'American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents"are trademarks of The 28 American Institute of Architects.This document was produced at 12:22:25 ET on 1 0/2 912 024 under Order No.2114573918 which expires on 1010712025,Is not for / resale,is licensed forone-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (877553506) 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. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating,maintaining,and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury,or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody,or control of the Contractor,a Subcontractor,or a Sub-subcontractor;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, structures,and utilities not designated for removal,relocation,or replacement in the course of construction. § 10.2.2 The Contractor shall comply with,and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities,bearing on safety of persons or property or their protection from damage,injury,or loss. § 10.2.3 The Contractor shall implement,erect,and maintain,as required by existing conditions and performance of the Contract,reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards;promulgating safety regulations;and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment,or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of 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. [nit. AIA Document A201-2017.Copyright®1911.1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.At rights reserved.'The American Institute of Archfiects,"American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents are trademarks of The 29 American Institute ofArchilects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10/0712025,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents*Terms of Service.To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (877553505) § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or 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 sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances.If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice,the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to cause it to be rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown,delay,and start-up. § 10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants,and agents and employees of any of them from and against claims, damages,losses,and expenses,including but not limited to attorneys'fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),except to the extent that such damage,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. § 10.3.5 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 A201—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'TheAmerican Institute of Architects;'American Institute of Architects;'AIA;the AIA Logo,and"AIA Contract Documents'are trademarks of The 80 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10/0712025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms or Service.To report wpynght violations, e-mail dminfo@alawntracts.com. User Notes: (877553505) § 10.4 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 § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies 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 commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types,for such penal sums,and subject to such terms and conditions as required by the Contract Documents.The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance.Within three(3)business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents,the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration.Upon receipt of notice from the Contractor,the Owner shall,unless the lapse in coverage arises from an act or omission of the Owner,have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor.The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner's Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the 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 to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance.If the Owner fails to purchase and maintain the required property insurance,with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents,the Owner shall inform the Contractor in writing prior to commencement of the Work.Upon receipt of notice from the Owner,the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor,Subcontractors,and Sub-Subcontractors in the Work.When the failure to provide coverage has been cured or resolved,the Contract Sum and Contract Time shall be equitably adjusted.In the event the Owner fails to procure coverage,the Owner waives all rights against the Contractor,Subcontractors,and Sub-subcontractors to the extent 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. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance.Within three(3)business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents,the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration.Unless the lapse in coverage arises from an act or omission of the Contractor:(1)the Contractor,upon receipt of notice from 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 and Contract Sum shall be equitably adjusted;and(3)the Owner waives all rights against the Contractor, Init. AIA Document A201-2017.Copyright 0 19l 1,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970.1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects:*American Institute of Architecls,"AIA;the ALA Logo,and'AIA Contract Documents'are trademarks of The 31 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 10/07/2026,is not for / resale,Is licensed for one-time use only,and may only be used In accordance with the ALA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiaconlracts.com. User Notes: (877553505) Subcontractors,and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled.If the Contractor purchases replacement coverage,the cost of the insurance shall be charged to the Owner by an appropriate Change Order.The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors, sub-subcontractors,agents,and employees,each of the other;(2)the Architect and Architect's consultants;and(3) Separate Contractors,if any,and any of their subcontractors,sub-subcontractors,agents,and employees,for damages caused by fire,or other causes of loss,to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project,except such rights as they have to proceeds of such insurance.The Owner or Contractor,as appropriate,shall require similar written waivers in favor of the individuals and entities identified above from the Architect,Architect's consultants,Separate Contractors,subcontractors,and sub-subcontractors.The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation.This waiver of subrogation shall be effective as to a person or entity(1)even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise,(2)even though that person or entity did not pay the insurance premium directly or indirectly, or(3)whether or not the person or entity had an insurable interest in the damaged property. §11.3.2If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,to the extent permissible by such policies,the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11A Loss of Use, Business 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 use of the Owner's property,or the inability to conduct normal operations,due to fire or other causes of loss.The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property,due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured 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 their just shares of insurance proceeds received by the Owner,and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss,the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation ofthe insurance proceeds.The Contractor shall have 14 days from receipt 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 terms of the proposed settlement or the allocation of the proceeds,the Owner may proceed to settle the insured loss,and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15.Pending resolution of any dispute,the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 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. ]nit. AIA Document A201—2017.Copyright®1911.1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.The American Institute of Architects;'American institute of Architects,"AIA;the AIA Logo,and WA Contract Documents'are trademarks of The 32 American Institute of Architects.This document was produced at 12:22:25 ET on 1029/2024 under Order No.2114573918 which expires on 10107/2025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents•Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (877553505) § 12.1.2If 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 Sum and Contract Time as may be appropriate.If such Work is not in accordance with the Contract Documents,the costs of uncovering the Work,and the cost of correction,shall be at the Contractor's expense. § 12.2 Correction of Work § 12.2.1 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 of correcting such rejected 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 Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of any applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of notice from the Owner to do so,unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of 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. § 12.222 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 that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither 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 may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work 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 appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. I nit. AIA Document A201—2017.Copyright 0 1911,1915,1918,1925,1937.1951.1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;"American Institute of Archilects;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 33 American Insthute of Architects.This document was produced at 12:22:25 ET on 10/2912024 under Order No.2114573918 which expires on 10/07/2025,is not for / resale,is licensed for one4lme use only,and may ony he used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (877653505) ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located,excluding that jurisdiction'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 § 13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns,and legal representatives to covenants,agreements,and obligations contained in the Contract Documents.Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 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. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to 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 Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests,.inspections,and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws,statutes,ordinances,codes,rules,and regulations or lawful orders of public authorities.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 authority,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. § 13.4.2If the Architect,Owner,or 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 authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection,or approval,by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures.Such costs, except as provided in Section 13.4.3,shall be at the Owner's expense. § 13.4.3If procedures for testing,inspection,or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure,including those of repeated procedures and compensation for the Architect's services and expenses,shall be at 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. § 13.4.5 If the Architect is to observe tests,inspections,or approvals required by the Contract Documents,the Architect will 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. Init. AIA Document A201-2017.Copyright®1911,1916,1918.1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,"'American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 34 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 1010712025,is not for / resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of service.To report copyright violations, e-mail docinfo@alacontracts.mm. User Notes: (877553505) § 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 located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,their agents or 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; .2 An act of government,such as a declaration of national emergency,that requires all Work to be stopped; .3 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 has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if,through no act 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-day period,whichever is less. § 14.1.3 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. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days'notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist,and upon certification by the Architect that sufficient cause exists to justify such action,the Owner may,without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days'notice,terminate employment of the Contractor and may,subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and .3 Finish the Work by whatever reasonable method the Owner may 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. Init. AIA Document A201—2017.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute ofArchflects;'American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents°are trademarks of The 35 American Institute of Architects.This document was produced at 12:22:25 ET on IM2912024 under Order No.2114573918 which expires on 10I07r2O25,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 dminfo@aiawntracts.wm. User Notes: (877553505) § 14.2.3 When the Owner terminates the Contract for one ofthe reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Initial Decision Maker,upon application,and this obligation for payment shall survive termination ofthe Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work,in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay,or interruption under Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent .1 that performance is,was,or would have been,so suspended,delayed,or interrupted,by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience,the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 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 termination fee,if any,set forth in the Agreement. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one ofthe parties seeking,as a matter of right,payment of money,a change in the Contract Time,or other relief with respect to the terms ofthe 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. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract,whether in contract,tort,breach of warranty or otherwise,in accordance with the requirements ofthe 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 ofthe Work.The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered prior to expiration ofthe period for correction ofthe 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 Init. AIA Document A201—2017.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects'American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 36 American Institute of Architects.This document was produced at 12:22:25 ET on 1 012 9/2 024 under Order No.2114573918 which expires on 10/07/2025,Is not for f resale,is licensed for one-lime use only,and may only be used In accordancewilh the AIA Contract Documenls's Terms of Service.To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (877563505) occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered after 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. § 15.1.4 Continuing Contract Performance § 15.1.4.1 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 make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision,subject to the right of either party to proceed in accordance with this Article 15.The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum,notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 Ifthe 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 progress of the Work.In the case of a continuing delay,only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated,and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit,except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. § 15.2Initial Decision § 15.2.1 Claims,excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3,10.4,and 11.5,shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Maker,unless otherwise indicated in the Agreement.Except for those Claims excluded by this Section 15.2.1,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 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 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more ofthe following actions:(1)request additional supporting data from the claimant or a response with supporting data Init. AIA Document A201—2017.Copyright®1911,1915,1918,1925,1937,1951,1968,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'TheAmerican Institute of Architects;'American Institute of Architects;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 37 American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 1010712025,is not for / resale,is licensed for one-lime use only,and may only he used in accordance with the AIA Contract Documents-Terms of Service.To report copyright violations, e-mail docinfo@aiaconlracts.com. User Notes: (877553505) 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. § 15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special 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 Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data,such party shall respond,within ten 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(3)advise the Initial Decision Maker that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor;and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision Maker,of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time,subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may,within 30 days from the date of receipt of an initial decision,demand in writing that the other party file for mediation.If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7In the event of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety,if any, of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Owner may, 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 law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims,disputes,or other matters in controversy arising out of or related to the Contract,except those waived as provided for in Sections 9.10.4,9.10.5,and 15.1.7,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,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of binding dispute resolution proceedings but,in such 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 Fling,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. § 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 Init. AIA Document A201—2017.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Archhects;'Amedcan Institute of Architects;'AIA;the AJA Logo,and'AIA Contract Documents are trademarks of The 38 Amedcan Institute of Archhects.This document was produced at 12:22:25 ET on 10129I2024 under Order No.2114573918 which expires on 10/07/2025,is not for I resale,is Ilcensed for one-lime use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (877553505) file for binding dispute resolution within 60 days after receipt thereof,then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 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 otherwise,shall 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 Project is located,unless another location is mutually agreed upon.A demand for arbitration shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable 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 jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common questions of law or fact,and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4,whether by joinder or consolidation,the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Init. AIA Document A201-2017.Copyright 0 1911,1915,1918,1925.1937,1951.1958.1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects;'American Institute ofArchilecls;'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The 39 American Institute of Architects.This document was produced at 12:22:25 ET on 10129/2024 under Order No.2114573918 which expires on 1010712025.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-mall doclnfo@aiacontracts.wm. User Notes: (877553505) Additions and Deletions Report for AIA°Document A2010-21317 Tlda Adddlono aarl D01011a118 capon,en dallned on paps lot the essocleled document•reptoduces below all Inxl the author hds added to Ihostandard form AIA decument YI order to complete It,as wall as any teal the 6ulhar may lm0a added to or dolared ham Ilm origlnnl AIA text.Added tail le shown undefted,Deleted text Is Indleslod wllh n hotixoninl Ilne through Ills orialnnl AIA text Note:This Additions and Minions Roporl Is proVlded for Information purposes only and Is not Illcolporalod NO or conellluteAlly purl 01010 Modified AlAducumunt,Th0 Addtllons and Dolaaons Ropon ample assactalad dacumanl were generated slmullanootisty by AIA sogwaru at 12:22:26 ET on 101291202e, PAGE 1 Llasun Colinly Caurl Itemndcl-Phasp.2 J3uildhig 10 d Id West IrrniMin Strcal•Shelton.WA 98584 Mason Counly 411 N.id,Slrcgt-ShsJlonWA R t_4 Helix Dmicu Grout),hru. OQL 121,S=fdW Ililor 20l-Tacenia WA 98424 PAGE 17 § 9.18.1:W 1A_11te fullest extent perniilted by law, the Contractor shall--indoowii�,soil HelrulaFnrlfrss-lho 4�wna1 Arttltilaf ArolHlea(�-aeffsfr(knl�ffnflagenlis t+Rd ofnitloyeerel++fly-oFlltntH frenranfl ugniny4 31eif»sT fIH1Haf5es�eS9e'v,—BhrCCS to hulonmify. defend and hold the Owner and its dentiontunts eluded and anuodnted ollicials, emnlovees agenfs and volunteers harndass front aW aeahM any and all clainis. dulullpes.lasses and espcnses,inchiding bill not Iimited to nitorueys14us ilrisiflgoflk•IFerwsulFifr roue perk'oriHaffeo-o�-Fke-Wodf�rravidad-that-sflolwluilH;�lantuge;loss-nr�sxpease-it•>-tlHribul.tb{e-fir-hedi4y injlty;-s+ekRess;-ilisefweflr-cleat lt-or-tfri njury-le•or-deslnlotifrf r�r1'-lungil7le-proNarly{�NraF+11 arrtlw-�er� itself}bf eels C-erftrdetel 1f 9 Abe efith ter nnyeRe eliteell}wH indireatlsntplc+yed by lhelH-eFttltyenfs{er whale avls�laey�nmy�frliabls sagffr9less•of wllfrlller-etiuM-stralralairH-elnn7ugfr-liter-e�ex�yease is ulffiKfl iIt earl-by-f•• ffl45-+ndefHra+{ie"emIlidoF.. Sueh•oblign4iultnhnl�rrnN•tacenststlat{•k+lwgure;trbridgr-up-redueaa+llfer-rig4+tsar-et+ligatielts-e�iHdeerail� that wftulJ ofhwvisa atfisba9 te-o-pnrlyer�+drsurt deseHhed irtNrisfieef+vn 3�i4 -0 gccsls,HIlarue 'S N will:dlulauiyt disunlc rusoiuliun costs lii(oily ncrsortal injury.for any bodily injury,siekness.discase of dcnlh alld for env dxn,aoe(o or destruction of any innerly(including the loss of use res Alin£therefrom) which l)aI"•caused in whale or in nnrl by fifty act or ontiSsion negliPeul or othenviso.of the Conl rclor.its ennlluvecs agonls or volunlf:ers or Confraclor's subcontractors and Ilteir 0nililoyew.amilis or vohmtccrs: or 2)flro directly or iadircclly arisiltp out of, resullil r,f1row.or in connec(io0 with nerfomionce of[Ilis Agrecnicld•or it=hind twon the Conlrnetor's or i(s subcontractors'0se of.nresrince mmn or uraximily to llte pronefly of the Owner lbi, the value of the eninrocl or .11.000 000 Ivhichaycr is Icss 'this indcnulilieldion obligaliou Of life Noyider shall not jimmy in the lindled circunishutce wheru the claim. 1L011U U I—oss gr exIS9ae is c_m_ised by the sole negligence of the Owner-hi the even) of[lit; cu icurrenl nediaonce or Ih6 Coninclor its suhcnnlraclors,cnminvuus or agents mid the Ownrx its ounloyecs or ou01s this indemnificalion Obligation of the Conlrticlar shall be valid uud eul'urceahle only Io(he eMeul of the icglil;cncc of the Cnnlnlctur.ifssubconlntetors,cnl0loyccs and agelds.'I'his indc unification eblinalion ol'Ihu Contractor shall Lol III;limited in ail syay by Ilic Washihelon Stale huluslriul InsurfInC4 Act,RCW Addlllonsnndba60anc fie0on far AlAOonnunl A201-2017.0apya0100 1011,1016,1016,1026,1977,1001,1050,195I,1000,1006,1010.1010.last,1007, 2W7 w1d201Y.A0 d01saresarvad.1ha Mlailcan lmleulo of Arohlloele."Anuillean lnsdhdo of Archllecle,"AIA;Ilia AIAI.ago,and WAConlwd naaumonle'ore bndorralln of 7hn American InSnlda al AfellMen.This eoeumanl was pro0uadd ill 12'22•.26£T al I WM024 undot older f421145709 t6 whkh expnoe on 1010712026.Is flat formals,Is Ikenied la anodlnlu usa any,old cony only bo used In aaeordanco wdli Itui AN Coulmd0oaumanlsa Tanns of 3wVha.To fepod copyrlgla dalseonr,a•wnlldoclnro®nlnwnirncls,com Ueor Noloe: (0770506a5) Title 51 or by application of any other workmen's compensation act disability benefit act or other employee benefit act and the Contractor hereby expressly waives any immunity afforded by such acts.The foregoing indemnification obligations of the Contractor are a material inducement to Owner to enter into this Agreement are reflected in the Contractor's compensation and have been mutually 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 subcontractors shall indemnify the Owner on a basis equal to or exceeding Contractor's indemnity obligations to the Owner. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to Owner or must specifically allow the named insure to waive subrogation prior to a loss. Additions and Deletions Report forAIA Document A201-2017.CopydghtO 1911.1915.1918,1925.1937,1951,1958,1961,1963,1966.1970,1976,1987,1997, 2007 and 2017.All rights reserved.'The American Institute ofArchitects,'"Amedcan Institute of Archileds;'AIA,'the AIA Logo,and"AIA Contract Documents"are 2 trademarks of The American Institute of Architects.This document was produced at 12:22:25 Er on 10/29/2024 under Order No.2114573918 which expires on 10/07/2025,is not for resale,is licensed for one-lime use only,and may only be used in accordance with the AIA Contract Documenlse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877653505) Certification of Document's Authenticity AIA°Document D401- —2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:22:25 ET on 10/29/2024 under Order No.2114573918 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA0 Document A201T^'—2017,General Conditions of the Contract for Construction,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) l� �g �z6z4 (Dated) AIADocument D401-2003.Copyright®1992and 2003.All rights reserved.'The American Institute of Architects;'American Institute of Architects:AIA;the AIA Logo,and'AIAContract Documents'are trademarks of The American Institute of Architects.This document was produced at 12:22:25 ET on 10/29/2024 under Order No.2114573918 which expires on 1 010 71202 5,is not for resale,is licensed forene-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,e-mall docinfo@alacontracts.com. User Notes: (877553505) AIA Document A101 - 2017 Vxh'hit A Insurance and Bonds This Insurance and Bonds Exhibit is part of the Agreement,between the Owner and the Contractor,dated the 22nd day of October in the year 2024 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: for the following PROJECT: The author of this document has (Name and location or address) added information needed for its completion.The author may also have revised the text of the original Mason County Court Remodel—Phase 2 Building 10 AIA standard form.An Additions and 414 W Franklin St—Shelton,WA 98584 Deletions Report that notes added information as well as revisions to the THE OWNER: standard form text is available from (Name, legal status and address) the author and should be reviewed.A vertical line in the left margin of this Mason County Support Services document indicates where the author 411 N 5th St—Shelton,WA 98584 has added necessary information and where the author has added to or THE CONTRACTOR: deleted from the original AIA text. (Name, legal status and address) This document has important legal consequences.Consultation with an J.A.Morris Construction,LLC attorney is encouraged with respect 2424 Evergreen Park Dr SW—Olympia,WA 98502 to its completion or modification. TABLE OF ARTICLES This document is intended to be used in conjunction with AIA Document A.1 GENERAL A2010-2017,General Conditions of the Contract for Construction.Article A.2 OWNER'S INSURANCE 11 ofA2010-2017 contains additional insurance provisions. A.3 CONTRACTOR'S INSURANCE AND BONDS A.4 SPECIAL TERMS AND CONDITIONS ARTICLE A.1 GENERAL The Owner and Contractor shall purchase and maintain insurance,and provide bonds,as set forth in this Exhibit.As used in this Exhibit,the term General Conditions refers to AIA Document A201T14-2017,General Conditions of the Contract for Construction. ARTICLE A.2 OWNER'S INSURANCE § A.2.1 General Prior to commencement of the Work,the Owner shall secure the insurance,and provide evidence of the coverage,required under this Article 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. § A.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual general liability insurance. [nit. AIA Document A101—2017 Exhibit A.Copyright@ 2017.All rights reserved."The American Institute of Architects,"'American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:21:26 ET on 10/29/2024 under 1 Order No.2114572985 which expires on 10/03/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract / Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) § A.2.3 Required Property Insurance § A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1,the Owner shall purchase and maintain,from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located,property insurance written on a builder's risk"all-risks"completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis.The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum,plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others.The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3,unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement.This insurance shall include the interests of the Owner,Contractor,Subcontractors,and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § A.2.3.1.1 Causes of Loss.The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage,and shall not exclude the risks of fire,explosion,theft,vandalism,malicious mischief,collapse, earthquake,flood,or windstorm. (Paragraphs deleted) § A.2.3.1.2 Specific Required Coverages.The insurance required by this Section A.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures,and to building systems from testing and startup.The insurance shall 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 insured loss,including claim preparation expenses.Sub-limits,if any,are as follows: (Indicate 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 A.2.3.1 or,if necessary,replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § A.2.3.1.4 Deductibles and Self-Insured Retentions.If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions,the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § 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 companies providing the insurance under Section A.2.3.1 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. § A.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure,the Owner shall purchase and maintain,until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions,"all-risks"property insurance,on a replacement cost basis,protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section A.2.3.1,notwithstanding the undertaking of the Work.The Owner shall be responsible for all co-insurance penalties. § A.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es)next to the description(s)ofselected insurance.For each type of insurance selected, indicate applicable limits of coverage or 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 Init. AIA Document A101—2017 Exhibit A.Copyright02017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:21:26 ET on 10/29/2024 under 2 Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract / Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) covered cause of loss. [ ] § A.2.4.2 Ordinance or Law Insurance,for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition,construction, repair,replacement or use of the Project. [ ] § A.2.4.3 Expediting Cost Insurance,for the reasonable and necessary costs for the temporary repair of damage to insured property,and to expedite the permanent repair or replacement of the damaged property. [ ] § A.2.4.4 Extra Expense Insurance,to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ] § A.2.4.5 Civil Authority Insurance,for losses or costs arising from an order of a civil authority prohibiting access to the Project,provided such order is the direct result of physical damage covered under the required property insurance. [ ] § A.2.4.6 Ingress/Egress Insurance,for loss due to the necessary interruption of the insured's business due to physical prevention of ingress to,or egress from,the Project as a direct result of physical damage. [ ] § A.2.4.7 Soft Costs Insurance,to reimburse the Owner for costs due to the delay of completion of the Work,arising out of physical loss or damage covered by the required property insurance:including construction loan fees;leasing and marketing expenses;additional fees,including those of architects, engineers,consultants,attorneys and accountants,needed for the completion of the construction, repairs,or reconstruction;and carrying costs such as property taxes,building permits,additional interest on loans,realty taxes,and insurance premiums over and above 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.) [ ] § 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 Init. AIA Document A101—2017 Exhibit A.Copyright©2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:21:26 ET on 10/29/2024 under 3 Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract / Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) (List below any other insurance coverage to be provided by the Otvner and any applicable limits.) Coverage Limits ARTICLE A.3 CONTRACTOR'S INSURANCE AND BONDS § A.3.1 General § A.3.1.1 Certificates of Insurance.Without limiting the 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 of insurance;and(3)upon the Owner's written request.An additional certificate evidencing continuation of commercial liability coverage,including coverage for completed operations,shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.I.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. § 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 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 CG 20 10 07 04,CG 20 37 07 04,and,with respect to the Architect and the Architect's consultants,CG 20 32 07 04. § 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 and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The 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 is required to maintain insurance for a duration other than the expiration of the period for correction of ff ork,state the duration) § A.3.2.2 Commercial General Liability § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form,including premises, operations,products and completed operations hazard,contractual liability with policy limits of not less than one million ($ 1,000,000 )each occurrence, five million ($5,000,000 )general aggregate,and five million ($5,000,000 aggregate for products-completed operations hazard,providing coverage for claims including .1 damages because of bodily injury,sickness or disease,including occupational sickness or disease,and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property,including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations;and Init. AIA DocumentA101—2017 Exhibit A.Copy6ghtm 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:21:26 ET on 10/29/2024 under 4 Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract t Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) .5 the Contractor's indemnity obligations under Section 3.18 of the General Conditions. § A.3.2.2.2 The Contractor's Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured,if the exclusion or restriction is based solely on the fact that the claimant is an insured,and there would otherwise be coverage for the claim. .2 Claims for property damage to the Contractor's Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential,multi-family,or other habitational projects,if the Work is to be performed on such a project. .8 Claims related to roofing,if the Work involves roofing. .9 Claims related to exterior insulation finish systems(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 related to explosion,collapse and underground hazards,where the Work involves such hazards. § A.3.2.3 Contractor shall maintain automobile insurance at least as broad as ISO 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 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,with policy limits of not less than one million ($ 1,000,000 )combined single limit for each accident,along with any other statutorily required automobile coverage. § A.3.2.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section A.3.2.2 and A.3.2.3,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § A.3.2.5 Contractor shall maintain Workers'Compensation Insurance(Statutory Limits)and Employer's Liability Insurance(with limits of at least$1,000,000 for Contractor's employees in accordance with the laws of the State of Washington.In addition,Contractor shall require each subcontractor to similarly maintain Workers'Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of Washington for all of the subcontractor's employees.. (Paragraph deleted) § A.3.2.7 Jones Act,and the Longshore&Harbor Workers'Compensation Act,as required,if the Work involves hazards arising from work on or near navigable waterways,including vessels and docks § A.3.2.8 If the Contractor is required to furnish professional services as part of the Work,the Contractor shall procure Professional Liability insurance covering performance of the professional services,with policy limits of not less than one million ($ 1,000,000 )per claim and two million ($2,000,000 )in the aggregate. § A.3.2.9 If the Work involves the transport,dissemination,use,or release of pollutants,the Contractor shall procure Pollution Liability insurance,with policy limits of not less than one million ($ 1,000,000 )per claim and two million ($2,000,000 )in the aggregate. Init. AIA Document A101—2017 Exhibit A.Copyright©2017.All rights reserved."The American Institute of Architects;"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:21:26 ET on 10/29/2024 under 5 Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract t Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) (Paragraphs deleted) § A.3.2.12 Insurance for the use or operation of manned or unmanned aircraft,if the Work requires such activities,with policy limits of not less than one million ($ 1,000,000 )per claim and two million($2,000,000 )in the aggregate. § A.3.3 Contractor's Other Insurance Coverage § A.3.3.1 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 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 the Contractor is required to maintain any of the types of insurance selected belotiv for a duration other than the expiration of 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.I. (Select the types of insurance the Contractor is required to purchase and maintain byplacing an X in the box(es)next to the description(s)of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [ ] § A.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section A.2.3,which,if selected in this section A.3.3.2.1,relieves the Owner of the responsibility to purchase and maintain 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 copy of the property insurance policy or policies required.The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Contractor's obligation to provide property insurance diers from the Owner's obligations as described under Section A.2.3, indicate such differences in the space below.Additionally, if a party other than the Oivner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below) [ ] § 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 ($ )per claim and ($ )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 Contractor and used on the Project,including scaffolding and other equipment. [X ] § A.3.3.2.6 Other Insurance (Paragraph deleted) Contractor shall also procure and maintain,at its own expense,any additional kinds of insurance,which in its own judgement may be necessary for its proper protection and prosecution of the Work. Init. AIA Document A101—2017 Exhibit A.Copyright©2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:21:26 ET on 10/29/2024 under 6 Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract / Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) Coverage Limits § A.3.4 Performance Bond and Payment Bond At such time as Contractor enters into a contract,they shall provide a Performance and Labor&Materials Payment Bond in the amount of one hundred percent(100%)of the awarded contract as security for the faithful performance and payment of all their 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 one(1)year following completion of the Contract.Bond shall be in the form acceptable to the Owner.Bond shall be in the amount of 50%of the contract price. (Paragraph deleted) 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, US Treasury Department. (Table deleted) Payment and Performance Bonds shall be AIA Document A312TM,Payment Bond and Performance Bond,or contain provisions identical to AIA Document A312TM,current as of the date of this Agreement. ARTICLE A.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit,if any,are as follows: 1. The sum of any Change Order added to this Agreement 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 required 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 ISO form CG 20 10 with an edition date prior to 2004.Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required herein. 3. The limits of insurance as described above shall be considered as minimum requirements.Should any coverage carried by the General Contractor or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits 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. 5. All coverage typed and limits required are subject to approval,modification and additional requirement 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. 6. The 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. 7. Contractor agrees to provide immediate notice to Owner of any claim or loss against the Contractor arising out of the work performed under this agreement.Owner assumes no obligation or liability by such notice,but Init. AIA Document A101—2017 Exhibit A.Copyright©2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:21:26 ET on 10/29/2024 under 7 Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) 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. 8. The Owner and Contractor 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 to the Project,except such rights as they have to proceeds of such insurance. AIA Document A101—2017 Exhibit A.Copyright©2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA [nit. Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 12:21:26 ET on 10/29/2024 under 8 Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) Additions and Deletions Report for AIA®Document A 1010— 2017 Exhibit A This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:21:26 ET on 10/29/2024. PAGE This Insurance and Bonds Exhibit is part of the Agreement,between the Owner and the Contractor,dated the 22nd day of October in the year 2024 Mason County Court Remodel—Phase 2 Building 10 414 W Franklin St—Shelton,WA 98584 Mason County Support Services 411 N 51h St—Shelton,WA 98584 J.A.Morris Construction,LLC 2424 Evergreen Park Dr SW—Olympia,WA 98502 PAGE 2 § A.2.3.1.1 Causes of Loss.The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage,and shall not exclude the risks of fire,explosion,theft,vandalism,malicious mischief,collapse, earthquake,flood,or windstorm.The in anee shall also p..evide o vera_"fer ensuing less sr resulting damage ffem --ion,er-defieieney in eonstr-tietien methods,design,speeifleations,wer4imafiship,E)r-materials.Sub , ;follows: Gaases of Less St+b-L+m+t PAGE 4 § A.3.1.1 Certificates of Insurance.Tlie-Without limiting the 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 of insurance;and(3)upon the Owner's written request.An additional certificate evidencing continuation of commercial liability coverage,including coverage for completed operations,shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section 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. § 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 Additions and Deletions Report for AIA Document A101—2017 Exhibit A.Copyright©2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 1 12:21:26 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) 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 CG 20 10 07 04,CG 20 37 07 04,and,with respect to the Architect and the Architect's consultants,CG 20 32 07 04. § A.3.2.1 The Contractor shall purchase and maintain at its own expense and a form satisfactory to the Owner the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The 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: § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence fet-- -form-including premises,operations,products and completed operations hazard,contractual liability with policy limits of not less than one million ($ 1.000.000 )each occurrence, five million ($5,000,000 )general aggregate,and five million ($ 5,000,000 )aggregate for products-completed operations hazard,providing coverage for claims including PAGE 5 § A.3.2.3 ,with poliey limits of not less than ($ )per-aseidefit,feF bedily injury,death of any per-son,and pr-epeFty damage arising out a t1w-Contractor shall maintain automobile insurance at least as broad as ISO 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 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,with policy limits of not less than one million ($ 1,000,000 combined single limit for each accident,along with any other statutorily required automobile coverage. § A.3.2.5` er e.s'G,.mpe,,satio at statutory lim4s,Contractor shall maintain Workers'Compensation Insurance (Statutory Limits)and Employer's Liability Insurance(with limits of at least$1,000,000 for Contractor's employees in accordance with the laws of the State of Washington.In addition,Contractor shall require each subcontractor to similarly maintain Workers'Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of Washington for all of the subcontractor's employees.. § A.3.2.6 Employer-s'Liability with pokey limits not less than ($ )eaeh aeGident, ($ )eaeli emplayee,and ($ § A.3.2.8 If the Contractor is required to furnish professional services as part of the Work,the Contractor shall procure Professional Liability insurance covering performance of the professional services,with policy limits of not less than one million ($ 1,000,000 )per claim and two million ($2,000,000 )in the aggregate. Additions and Deletions Report for AIA Document A101—2017 Exhibit A.Copyright©2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 2 12:21:26 ET on 1 012 9/2 0 2 4 under Order No.2114572985 which expires on 10103/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) § A.3.2.9 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 ($1,00 0000 )per claim and two million ($2,000,000 )in the aggregate. § A.3.2.19 Cover-age under Seetions A.3.2.8 and A.3.2.9 may be pr-aeured thfough a Combined Professional Liabilib, and PallvAien Liability ifistiranee peliey,with eembined poliey limits E)f not less than ($ per elaim and ($ )in the § A.12A 1 insur-anse for-maritime liability r4sks asseeiated with the operation of a vessel,ifthe Wer-k fequir-es sueb aet ides,with peiisy limits of net less than ($-)per elairn and ($ )in the aggregate. § A.3.2.12 Insurance for the use or operation of manned or unmanned aircraft,if the Work requires such activities,with policy limits of not less than one million ($ 1,000,000 )per claim and two million($2,000,000 )in the aggregate. PAGE § A.3.3.1 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 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: [XI § A.3.3.2.6 Other Insurance Contractor shall also procure and maintain at its own expense any additional kinds of insurance,which in its own judgement may necessary for its proper protection and prosecution of the Work. PAGE The Gentraeter-shall pr-evide sur-ety bends,4em a eampany or-eempanies lawfully au4her-ized to issue stirety bonds in the' a' +' n where he Pfejeet is le_ated arm 1l9ws.At such time as Contractor enters into a contract,they provide a Performance and Labor&Materials Payment Bond in the amount of one hundred percent(100%)of the awarded contract as security for the faithful performance and payment of all their 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 one(1)year following completion of the Contract.Bond shall be in the form acceptable to the Owner.Bond shall be in the amount of 50%of the contract price. 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, US Treasury Department. Type Penal Sum($0.00) Payment Bond 1 The sum of any hange Order added to this Agreement 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 required 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 ISO form CG 20 10 with an edition date prior to 2004 Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required herein. Additions and Deletions Report for AIA Document A101—2017 Exhibit A.Copyright @ 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 3 12:21:26 ET on 10/29/2024 under Order No.2114572985 which expires on 10/03/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1664570480) 3. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by the General Contractor or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits 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 agy given policy.Specific reference to a coverage feature is for purposes of clarification onlypertains 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. 5. All coverage typed and limits required are subject to approval,modification and additional requirement 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. 6. The 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)dys 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. 7. Contractor agrees es to provide immediate notice to Owner of any claim or loss against the Contractor arising out of the work performed under this agreement.Owner assumes no obligation or liability by such notice,but has the right(but not the dM)to monitor the handling of any such claim or claims if they are likely to involve the Owner. 8. The Owner and Contractor 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 ropea insurance applicable to the Project,except such rights as they have to proceeds of such insurance. Additions and Deletions Report for AIA Document A101—2017 Exhibit A.Copyright©2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This documentwas produced at 4 12:21:26 ET on 10/29/2024 under Order No.2114572985 which expires on 10103/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.wm. User Notes, (1664570480) SECTION 00 41 00 BID FORM Mason County Shelton,Washington BID FOR DISTRICT COURT HOUSE—BUILDING#10 COURT REMODEL—PHASE 2. Date &Time Bids Open: Per Advertisement for Bids Bidder's Name:: k Abrr�S �OY15�wYU1C 1(�1n LLC Address?o �DX (�0�-15 ��UYV101G1� o� y EYtYri�rTt.tyl ark ®xS ill `a(� Z Telephone:slzlt�• 51rj- 2,515 TO: Mark Neary, Support Services Director Mason County 411 North 5th Street Shelton, WA 98584 (MUST BE COMPLETED, SIGNED AND SUBMITTED WITH BID) Pursuant to and in compliance with the Instructions to Bidders, drawings and other documents relating thereto, the undersigned Bidder, having investigated the project and being aware of all costs and conditions affecting performance of the contract, and being familiar with the Contract Documents, hereby proposes to supply all material and perform all Work on the terms and conditions herein contained. The amount computed includes all cost of work but does not include Washington State Sales Tax for purposes of comparing bids. BASE BID As defined in the referenced Contract Documents, I/We will construct this project for the following lump sum Base Bid: One /t1&0,1L rv+3 ;O -I'{lo 00AJ DOLLARS $ 1, 0s,ow (not including State and local sales taxes). See Section 01 23 00 ALTERNATES for description of alternate bid items. ADDITIVE ALTERNATE NO. 1: SOVe + Ord 4 OgSgn� -0_c knArej DOLLARS $ —I I No0 (not including State and local sales taxes). I Mason County- Building No. 10 Court Remodel - Phase 2 00 41 - 1 Bid Set SECTION 00 41 00 BID FORM ADDITIVE ALTERNATE NO.2:46,,.5" 4,+ - "rez( DOLLARS $ 2C) goo (not including State and local sales taxes). ADDITIVE ALTERNATE NO.3: I 0wo. �Inou a 9,,, ' 4►, d�G d DOLLARS $ 11 L-1 00 (not including State and local sales taxes). ADDITIVE ALTERNATE NO.4: r 4OU.SrAA4 'OWJrGd DOLLARS �(00 (not including State and local sales taxes). ADDITIVE ALTERNATE NO.6: I kuna oeU DOLLARS (not including State and local sales taxes). PROPERTY(BUILDER'S RISK) INSURANCE Is I, (Included Also in Base Bid) As defined in the referenced Contract Documents, UWe will include Property (Builder's Risk) Insurance per AIA A201 11.3, included within the base bid, for the following lump sum. TRENCH EXCAVATION SAFETY PROVISIONS Is SC 5 (Included Also in Base Bid) If the bid amount contains any work which requires trench excavation exceeding a depth of four feet, all costs for trench safety shall be included in the Base Bid and indicated above for adequate trench safety systems in compliance with RCW Chapters 39.04 and 49.17 and WAC 296-155-650. In order to be Mason County- Building No. 10 Court Remodel - Phase 2 00 41 -2 Bid Set SECTION 00 41 00 BID FORM responsive, Bidder must include a lump sum amount in the blank immediately above, even if the value is zero dollars. The Owner reserves the right to accept or reject any or all bid prices within forty-five (45) days of the bid date. TIME FOR COMPLETION Contract Time—The undersigned hereby agrees to Substantially Complete all the work under the Base Bid within 150 calendar days after the date of Notice to Proceed. Refer to Section 01 11 00, para. 1.05 Work Sequence, for further requirements. Final Completion—All the Work shall be fully and finally completed in accordance with the contract documents within 30 calendar days after the date of Substantial Completion. LIQUIDATED DAMAGES The undersigned agrees to pay the Owner as liquidated damages the sum of$500 for each consecutive calendar day that is in default after the Contract Time. Liquidated damages shall be deducted from the contract by change order. ADDENDA I Receipt of addenda number(s) Z ?j are hereby acknowledged. The provisions therein have been included in the Base Bid. SALES TAX AND PERMITS The retail sales tax shall not be included in the Bid sums:the Owner will pay such taxes proportionally with each periodic payment. All other necessary fees and taxes shall be paid by the Contractor and included in the Bid. The local building department plan check fee, building permit fee and other fees as outlined in the General Conditions will be paid by the Owner and shall not be included in the Bid. OVERHEAD AND PROFIT All of the above Bid prices include overhead and profit. CONTRACT AND BOND If the undersigned is notified of the acceptance of this Bid within forty-five (45) days after the time set for opening Bids, he agrees to execute a Contract for the above Work in the Form of Agreement required by the Specifications, and to furnish Performance and Labor and Material Payment Bonds as required by the Specifications. BID SECURITY(As per Notice to Bidders.) Mason County- Building No. 10 Court Remodel - Phase 2 00 41 00 -3 Bid Set SECTION 00 4100 BID FORM SIGNATURES (To be completed for all bids) �.✓�j�aNrl,��lnbkvy��Oy� i� �'.�=,..�b1! 12��1� I-EGALNAME OF PERSON OR ENTITY ADDRESS SUBMITTING BIC) 0k - AUT - SIGNATURE CITY, TA E&ZIP NAME PRINTED OR TYPED TELEPHONE/FAX DATE —TITLE c ' E-MAILA DRESS WASH. STATE CONTRACTORS NUMBER EXPIRATION DATE WASH STATE CONTRACTQR UBI NUMBER SUBCONTRA -TOR LISTING PER RCW 39.30.060 Prime Contractors musk identify the HVAC,Plumbing, and Electrical subcontractors they will rise for this project. Listing of these subcontractors is mandatory if the bid is to be considered Subcontractors for Alternate bids shall be provided separately with the Alternate bid submittal Provide I such information on the Alternate bid form below the Alternate Bid amount, if applicable. 1 �u I-IVAC Subcontractor' ' fem-erv}'---'oath t-c-(-k--I � Plumbing Subcontractor: Mh Electrical Subcontractor: W Q1 Fire Protection Suboontraclor. -J--r END OF SECTION Mason Gounly- Building No. 10 00 Al 00 -4 (.our:Rernodel - Pllase 2 Bid Set BID BOND Conforms with The American Institute of Architects,A.I.A, Document No.A-310 KNOW ALL BY UIESE PRESEN'I'S,'I'Itat titre, J.A.Morris Construction,LLC 2424 Evergreen Park Drive SW, Olympia,WA 98502 .as Principal,hereinafter called the Principal, and the Merchants National Bonding,Inc. of Bellevue,WA ,a corporation duty organirad wider the laws of the Slate of Iowa as Stuety,hereinafter called the Surety,are held and firmly bound unto Mason County as Obligee,hereinafter called the Obligee, in the swn of Five Percent(5%)of the Base Bid Dollars(' 5%of the Base Bid ),for the payment of which sum well and truly to be made•the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by flicw presents. WHEREAS,the Principal has submitted a bid for Mason County-Building No.10 Court Remodel-Phase 2 Helix Project#i22-137 NOW, THF.REFORE, if the Obligee shall attrcpt the bid of the Principal rued the Principal shall enter into a Contract with the Obligee in accordance with the terns of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surely for the faitliful perforn►.ance of such Contract and fbr the prompt patytnctu of labor and material furnished in the prosecution thereof,.or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereofbetwccn the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by sand bid, then this obligation shall be null and void,otherwise to rentain in full force and effect. Signcd and sealed this 24 day of September 2024 J.A.Morris Construction,LLC _ (Seal) Principal Witness {( Title Merchants National Bonding,Inc. 1Vitncss { By Andrew Kerslake •, •�IDA'q Attorney-in-Fact �..� 2003 v'ri; MERCHANT BONDING COMPANYn, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Abigail A Bonney;Alec Gumpfer;Andrew Kerslake;Brenda Nolin;Chris Larson;Deanna M French;Elizabeth R Hahn;Francis Wirt;Greg Lagreid; Gregory C Ryerson;Guy P Armfield;Jana M Roy;John N Bustard;John R Claeys;Justin Gwinn;Katelyn Cooper;Kyle Dozier;Lauren Zakarian; Mindee L Rankin;Nicholas Fredrickson;Rebecca Sarmienlo;Roger Kaltenbach;Roland R Eugenio;Ronald J Lange;Sandy L Boswell;Scott A Garcia;Scott Fisher;Scott McGilvray;Sean K Spencer;Sharon L Pope;Shirley J Pace;Susan B Larson;William M Smith their true and lawful Attorneys)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Altomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual)on April 23,2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Allomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of July 2024 ''��..""'••.,,• ......... MERCHANTS BONDING COMPANY(MUTUAL) N-4 • ' \NG.CO�jj'•. MERCHANTS NATIONAL BONDING,INC. RP UR �o ;0o?oRPOg9 °9y� dlbla MERCHANTS NATIONAL INDEMNITY COMPANY . r2 _o- 0:�: .a-.. -o- o s: 2003 `si : 1933 c: By '•,a.�� .. rJ�`•�• •'•bdW .. �;a.' President STATE OF IOWA �f •` ••.... COUNTY OF DALLAS ss. On this 11th day of July 2024 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �P\'I"ts Perini Miller - � o 'o Number Z Commission - • • My Commission Expires +, rOWA January 20,2027 �� Notary bl (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 24th day of September ,2024. �.•''0ON44••. \NG e Cp4jo ••• oy�lik?0R o ' ? , . :moo oePog9.9y• �%!' 1933 C: Secretary 2003 POA 0018(1/24) "" NON-COLLUSION AFFIDAVIT (Contractor/Proposer) State of Washington ) ) ss County of Mass - ) "ivimbn The undersigned, being duly sworn, deposes and says that the person, firm, association, co-partnership or corporation herein named, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to Mason County for consideration in the award of a Contract on the Project described as follows: Mason County Court Remodel—Phase 2 Building 10 414 W. Franklin St. Shelton, WA 98584 �. A . Moff is CGrIsAvv G an ,u L game of Firm (Cphtract ) Auth6rized Sig a re CEo Title (Affix Corporate Seal) STATE OF WASHINGTON ) ss COUNTY OF*Or8ett ) MVV-5-To N I certify that I know or have satisfactory evidence tha S r is the person who appeared before me, and said person acknowledged he si4fied this instrument, and on oath stated he was authorized to execute it on behalf of J.A. Morfis Constnidion , LtL , a Washington limited Uolbi lit)bn10Q>f ; and he acknowledged it as the authorized signer of said CiOMEOnQ to be the free and voluntary act of such (�?J'�SOV1 for the uses and pu poses mentioned in the instrument. Dated: NO, MV)er 12ZZ4 PN1BU%�����i, ��. gyp.•. Print N e. �iT NOTA PUBLI in and for the State of •g rNOTAq��,': Washington, residing in lomstr1 aunty PUBLIC = My Commission Expires: AUOIUS� �I. 02S nuu� A rxst Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date August 30, 2024,the bidder is not a "willful"violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Mori iS CCOnsfi uC_-tian ,U-C Bidder's Business Name Signafure of A h rized Official* I oLs n Hentges Printed Name 0_-E0 Title 12q 0 LAMP is Da e City 0 State or country Check One: Sole Proprietorship ❑ Partnerships Joint Venture ❑ Corporation ❑ State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: *If a corporation,proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. RETAINAGE BOND Bond No. 101299263 KNOW ALL MEN BY THESE PRESENTS,that J.A. Morris Construction,LLC as Principal authorized to do business in the State of Washington and Merchants Bonding Company(Mutual) as Surety, a corporation organized and existing under the laws of the State of Iowa and authorized to transact business in the State of Washington as Surety,are jointly and severally held and bound unto Mason County as Obligee in the penal sum of Sixty-five Thousand Nine Hundred Ninety-three&40/100 Dollars($ 65,993.40 ),which is 5%of the Principal's bid. WHEREAS,on the 22nd day of October 2024 the said Principal, herein,executed a contract with the Obligee,for Mason County-Building No.10 Court Remodel-Phase 2 WHEREAS,said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5% from monies earned on estimates during the progress of the construction,hereinafter referred to as earned retained funds. AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28. NOW,THEREFORE,the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5%of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds,which will not be retained,for the trust fund purposes of RCW 60.28,then this obligation shall be null and void; otherwise,it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28. PROVIDED HOWEVER,that: 1. The liability of the Surety under this bond shall not exceed 5%of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. WITNESS our hands this 5 day of November 20 24 r-.? p o; . y, 1933 ;•y Merchants Bonding Company(Mutual) J.A. Morris Construction,LLC Sure Principal By: Attorney-in-Fact Alex Giannini Parker, Smith&Feek 2233 112t'Ave NE, Bellevue,WA 98004 Name and Address of Local Agent A ® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/3/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Parker Smith&Feek Insurance LLC PHONE FAX 2233 112th Ave NE •425-709-3600 A/c No): Bellevue WA 98004 ADDRIESS: INSURERS AFFORDING COVERAGE NAIC# License#:PC-1719201 INSURER A:Lloyd's Syndicate 3624 Hiscox Syndicates Limited INSURED JAMORRI-01 INSURER B:The Ohio Casualty Insurance Company 24074 J.A. Morris Construction, LLC INSURER C:Ohio Security Insurance Company 24082 PO Box 12645 Olympia WA 98508 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:805668317 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL S V13 POLICY NUMBER MMIDO/YYYY MMIDFF DY� LIMITS LTR C X COMMERCIAL GENERAL LIABILITY Y BKS2567774027 5/19/2024 5/19/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE F5i]OCCUR PREMISES E.occurrence) $1,000,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY❑JET LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY BAS2567774027 5/19/2024 5/19/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident 1X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Par accident B UMBRELLA LIAB X OCCUR Y ES02567774027 5/19/2024 5/19/2025 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ C WORKERS COMPENSATION BKS2567774027 5/19/2024 5/19/2025 PER X OTH- AND EMPLOYERS'LIABILITY Y/N AT ER WA STOP GAP ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 A Professional Liability ANE543092524 4/17/2024 4/17/2025 Each Claim 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) INSR:Westchester Surplus Lines Insurance Company I INS TYPE:Pollution Liability I POLICY NUMBER:G2877349005(10/21/2024-10/21/2025)1 LIMITS: $5,000,000 Project:Mason County Building 10-Court Remodel-Phase 2;Address:414 West Franklin Street,Shelton,WA 98584. Mason County,its Board officers,employees and agents,the Architect,and the Architect's consultants are included as Additional Insured on the General Liability and Excess Liability Policies,if required by written contract or agreement,subject to the policy terms and conditions.This Insurance is Primary& Non-Contributory on the General Liability Policy,if required by written contract or agreement,subject t0 the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Mason County 411 N 5th St AUTHORIZED REPRESENTATIVE Shelton,WA 98584 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products-completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission . Page 1 of 2 Document A312TM - 2010 Bond Number: Conforms with The American Institute of Architects AIA Document 312 101299262 Performance Bond CONTRACTOR: SURETY: (Nance,legal slants and address) (Nanre,legal status and principal place of huslness) J.A. Morris Construction, LLC Merchants National Bonding, Inc. 2424 Evergreen Park Drive SW P.O.Box 14498 This document has important Olympia,WA 98502 Des Moines, IA 50306-3498 consequences.Consultation withal Mailing Address for Notices an attorney Is encouraged with respect to its completion or modlgcalion. OWNER: Any singular reference to (Marne,legal status and address) Contractor,Surely,Owner or Mason County other party shall be considered 411 N 5th St plural where applicable. Shelton,WA 98584 CONSTRUCTION CONTRACT Date: October 22,2024 Amount:-One Million Three Hundred Nineteen Thousand Eight Hundred Sixty-eight&00/100($1,319,868.00) Description: Mason County-Building No.10 Court Remodel-Phase 2, (Vance and location) 414 W Franklin St Shelton,WA 98584 BOND Date:November 5,2024 (Not earlier than Construction Contract Date) Amount: One Million Three Hundred Nineteen Thousand Eight Hundred Sixty-eight&00/100($1,319,868.00) • �;. Modifications to this Bond: ® None Sec Section 16 C.) �► ' : -D- O:d 44 CONTRACTOR AS PRINCIPAL SURETY M Z Company: (Corporate Seal) Company: (CapUur( ,I) 2003 J.A. Morris Construction,LLC Merchants National Bonding, Inc. :,�' ,,•J•l'. 1�: Signature: Signature: AY Name Dustin Hentge Name Alex giannini and'1'itle:CEO and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Petforntance Bond) (FOR LVFORbL4T10N ONLY—Nance,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Parker,Smith&Feek (Architect,Engineer or other party,) 2233 112th Ave NE Bellevue,WA 98004 S-1852/AS 8110 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for ,1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 51,5.3 or 5;1,the Surety's liability is limited to the amount of this Bond, §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in wldch the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first,if the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the O%%mcr or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein,When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common luw'bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behal f of the Contractor under the Construction Contract, §14.2 Construction Contract,The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,wMch has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §16 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, 8-18521AS 8110 Bond Number: Document A31 2 TM _ 201 O 101299262 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Name,legal status and address) (Nance,legal stains and principal place of business) J.A. Morris Construction, LLC Merchants National Bonding, Inc. 2424 Evergreen Park Drive SW P.O. Box 14498 This document has important legal Olympia,WA 98502 Des Moines, IA 50306-3498 consequences.Consultatlon with Mailing Address for Notices an attorney Is encouraged with respect to Its completion or modificalibn. OWNER: Any singufar reference to (Kane,legal stains and address) Contractor,Surety,Owner or Mason County other party shall be considered 411 N 5th St plural where applicable, Shelton,WA 98584 CONSTRUCTION CONTRACT Date: October 22,2024 Amount: One Million Three Hundred Nineteen Thousand Eight Hundred Sixty-eight&00/100($1,319,868.00) Description: Mason County-Building No.10 Court Remodel-Phase 2, (Name and location) 414 W Franklin St Shelton,WA 98584 BOND Dute: November 5,2024 (Not earlier than Construction Contract Date) Amount; One Million Three Hundred Nineteen Thousand Eight Hundred Sixty-eight&00/100($1,319,868.00) ',�", I Nq<,,��', Modifications to this Bond: ® None ❑ See Section 18 1 �''�''OR'..'o CONTRACTOR AS PRINCIPAL SURETY -0- Company: (Corporate Seal) Company; (Corporateigi. 2 J.A. Morris Construction, LLC Merchants National Bonding, Inc. c 0% 2,003 \\�—.1 r� ��,�... ..•'SAC q• Signature: Signature; 4W!1 Name Dustin Hentge( Name Alex Giannini and Title: CEO and Title: Attorney-in-Fact (Any additional signmtin•es appea•on the Iasi page of this Payment Boni.) (FOR INFORdLITION ONLY—Name,address and telephone) AGENT or BROKER; OWNER'S REPRESENTATIVE: Parker,Smith&Feek (Archirect,Engineer orotherparry:) 2233 112th Ave NE Bellevue,WA 98004 S-2149/AS 8/10 §10 The Surety shall not be liable to the Owner,Clahnants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surely hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract-is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minhnum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of flits Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,ormaterials or equipment furnished; .3 a copy of the agreement or purchase order pursuant"to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .6 the date on which the Claimant last performed labor or Iasi furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materlals or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract,The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mcchanio's Hen or similar statute against the real property upon which the Project is located,The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract,The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents, S-2149/AS 8/10 i MERCHANT BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Abigail A Bonney;Alec Gumpfer;Alex Giannini;Andrew Kerslake;Brenda Nolin;Chris Larson;Deanna M French;Elizabeth R Hahn;Francis Wirt; Greg Lagreid;Gregory C Ryerson;Guy P Armfield;Jana M Roy;Janteane Blyton;John N Bustard;John R Claeys;Justin Gwinn;Katelyn Cooper; Kyle Dozier;Lauren Zakarian;Mindee L Rankin;Nicholas Fredrickson;Rebecca Sarmiento;Roger Kaltenbach;Roland R Eugenio;Ronald J Lange;Sandy L Boswell;Scott A Garcia;Scott Fisher;Scott McGilvray;Sean K Spencer;Sharon L Pope;Shirley J Pace;Susan B Larson;William M Smith i their true and lawful Attorneys)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, j contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14,2015 and April 27,2024 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015 and amended on April 27,2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consent]ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of November 2024 ••'"""'••. .••"•••. MERCHANTS BONDING COMPANY(MUTUAL) ONAL •'�0�PEiPOjp<,e0 4z)\<P 0/��'Oq'. MERCHANTS d/b/a MERCHANTIS NATIONALI INDEMNITY COMPANY v' 2003 i�L7;� ;y: 1933 C: By �'.�. •........• ���.`' '.•dk,••.. '(1a.' President 401 STATE OF IOWA '. C7 .' • .' COUNTY OF DALLAS ss. On this 1st day of November 2024 before me appeared Lary Taylor, to me personally known,who being by me duly swam did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ?,IA( / a Penni Miller Commission Number 787952 •/ Jl• My Commission Expires \ter IOWP January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 5th day of November,2024 v' 2003 :`e.: 6' 1933 ;y� Secretary POA 0018 (6/24) • """