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R-50-24 Approving a Contract with Krause Construction, Inc. for Renovations to the Lemont Village Hallr' 418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Jason Berry, Community Development THROUGH: SUBJECT: A Resolution Approving a Contract with Krause Construction, Inc. for Renovations to the Lemont Village Hall DATE: July 22, 2024 SUMMARY/BACKGROUND Staff has been working with Tria Architects on a plan to remodel the first floor of Village Hall, replacing open areas with dedicated offices by reducing the amount of filing space (consistent with the Building Division's switch to online permits and plan review), adding an ADA compatible window for the Building Division, eliminating a conference room in favor of additional work stations, and some minor enhancements to the Finance Clerk areas. The remodel will consolidate Community Development staff as well as create room that will allow the Finance Department to bring a staff member to Village Hall. In addition to design services, Tria was also requested to provide bidding phase services. Two bids were received on June 12, 2024. Tria has reviewed the qualifications of the low bid contractor and recommends awarding the contract to Krause Construction, Inc. for the amount of $152,700.00. ANALYSIS The requested purchase is budgeted for and $200,000 in total (construction plus furniture); the bid is within our budget. Consistency with Village Policy STAFF RECOMMENDATION Approve the Resolution. BOARD ACTION REQUESTED Motion to Approve the Resolution. ATTACHMENTS A Resolution Approving a Contract with Krause Construction, Inc. for Renovations to the Lemont Village Hall 2024-07-02 Tria Architects Letter of Recommendation 2024-05-22 Project Manual Issued for Bid 2024-05-22 Village Hall Renovations drawings 2024-06-12 Bid Form Krause Construction VILLAGE OF LEMONT RESOLUTION NUMBER R- b-24 A RESOLUTION APPROVING A CONTRACT WITH KRAUSE CONSTRUCTION, INC. FOR RENOVATIONS TO THE VILLAGE HALL JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DAVE MAHER KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGOWSKI RONSTAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on 7Z�2024 and RESOLUTION NO. R- D V -24 A RESOLUTION APPROVING A CONTRACT WITH KRAUSE CONSTRUCTION, INC. FOR RENOVATIONS TO THE LEMONT VILLAGE HALL WHEREAS the Village of Lemont has solicited bids for renovations to the Village Hall; WHEREAS, Krause Construction, Inc. submitted a bid which has been detennined to be the most responsible bid. NOW THEREFORE, be it resolved by the President and Board of Trustees of the Village of Lemont, Cook, DuPage and Will County, Illinois as follows: SECTION 1: The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. SECTION 2: A contract is awarded to Krause Construction, Inc. for renovations to the Village Hall as set forth in the bid form submitted by Krause Contraction, Inc. in the amount of One Hundred Fifty Two Thousand Seven Hundred Dollars ($152,700.00). SECTION 3: The Mayor, Village Clerk and Village Administrator are authorized to sign any documents necessary to implement the contract. SECTION 4: If any section, paragraph, clause or provision of this resolution shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this resolution. SECTION 5: All resolutions in conflict herewith are hereby repealed to the extent of such conflict. Pa SECTION 6: This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS - � DAY OF JULY 2024. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton Attest: John Egofske, Village President Charlene M. Smollen, Vill ge Clerk Gt OF ZF -SE o A /41 N a \S 3 �=. TH 1kARICHITECTURE ANNIVERSARY July 2, 2024 Mr. George J. Schafer, Village Administrator Village of Lemont 418 Main Street Lemont, Illinois 60439 Re: Village of Lemont 2024 Village Hall Renovations Architect's Project Number: 23-011 Letter of Recommendation Dear Mr. Schafer: VIA EMAIL (2) Page(s) Inclusive gschafer(cillemont.il.us Bids were received on the above referenced project at the Village of Lemont Village Hall, 418 Main Street, Lemont, Illinois 60439 at 2:00 p.m. on June 12, 2024. Two (2) bids were received. TRIA Architecture, Inc. has reviewed the qualifications and references of the low bid contractor, KRAUSE CONSTRUCTION, INC., and has found no evidence which would disqualify them from being awarded the contract for this work. TRIA Architecture, therefore, recommends that the Village Board of Trustees consider awarding the contract for construction, inclusive of the base bid only, to KRAUSE CONSTRUCTION, INC., 3330 Edison Avenue, Blue Island, Illinois 60406, for the total contract amount of $152,700.00. TRIA Architecture recommends not accepting alternate 1. Work to be substantially complete by October 31, 2024. If you have any questions concerning the bidding of the 2024 Village Hall Renovations project, please do not hesitate to call. TRIA Architecture, and myself specifically, look forward to working with the Village toward a successful completion of this project. Sincerely, TRIA ARCHITECTURE, INC. Ronald E. McGrath, AIA, LEED AP Principal Architect REM/ab Attachments: Bid Tabulation, Dated June 12, 2024, 1 Page(s) File Name: 23011LOR062524.docx TRIA ARCHITECTURE Illinois Office I Corporate Headquarters: 901 McClintock Drive, Suite 100, Burr Ridge, Illinois 60527 Indiana Office: 436 Sand Creek Drive N, Suite 105, Chesterton, Indiana 46304 Company Main: 630.455.4500 Fax: 630.455.4040 www.TRIAArchitecture.com rn C d E O U rn E 00 0 } } m m (n z z O Q M o M 0 U d i r O GG O 0!> Q a O O Co o r` O O G1 N N LO U) N m EH to 3 w Q L U � � O m C) U � c O c o U a) L cn Y U O rn a O N O Q O N LO � o co � � O � O Qci O Ot V' O O � O o00 v C) O O O � O 4 LO co U o 0 CO � O a z C/) 0 X U) X CN N O 0 O M N Project Manual Project Number: 23-011 Village of Lemont 2024 Village Hall Renovations 418 Main Street, Lemont, Illinois 60439 For The Village Board of Trustees Village of Lemont 418 Main Street Lemont, Illinois 60439 Issued for Bid: May 22, 2024 TR[►A ARCHITECTURE Illinois Office I Corporate Headquarters: 901 McClintock Drive, Suite 100, Burr Ridge, Illinois 60527 Indiana Office: 436 Sand Creek Drive N, Suite 105, Chesterton, Indiana 46304 Company Main: 630.455.4500 Fax: 630.455.4040 www.TriaArchitecture.com TABLE OF CONTENTS DIVISION 0 — BIDDING REQUIREMENTS, CONTRACTOR FORMS AND CONDITIONS OF THE CONTRACT Section 001113 Advertisement for Bids ........................................... 1 Page(s) 002113 Instructions to Bidders ........................................... 4 Page(s) 004113 Bid Form................................................................ 3 Page(s) 004313 Bid Bond................................................................ 1 Page(s) 004325 Substitution Sheet .................................................. 1 Page(s) 004343 Prevailing Wage Requirements ........................... 10 Page(s) 004850 Certificate of Compliance with Illinois Drug -Free Workplace Act ........................... 1 Page(s) 004860 Substance Abuse Prevention Policy ...................... 2 Page(s) 004870 Certificate of Compliance with Illinois Human Rights Act ....................................... 1 Page(s) 004950 Bidder Eligibility Certification and Non -Collusion Affidavit .......................................... 1 Page(s) 004960 Fair Employment Practices Affidavit of Compliance .......................................... 1 Page(s) 004970 Indemnity Hold Harmless Agreement .................... 1 Page(s) 007213 General Conditions .............................................. 67 Page(s) DIVISION 1 — GENERAL REQUIREMENTS Section 011000 Summary............................................................... 3 Page(s) 012100 Allowances.............................................................2 Page(s) 012300 Alternates...............................................................1 Page(s) 012700 Unit Prices............................................................. 2 Page(s) 012900 Price and Payment Procedures ............................. 5 Page(s) 013218 Construction Progress Schedule ........................... 3 Page(s) 013300 Administrative Requirements.................................8 Page(s) 014000 Quality Requirements ............................................ 2 Page(s) 016000 Product Requirements ........................................... 5 Page(s) 017300 Execution Requirements ........................................ 7 Page(s) 017700 Closeout Submittals ............................................... 6 Page(s) DIVISION 3 — CONCRETE Section 035410 Self -Leveling Underlayment................................... 2 Page(s) DIVISION 6 — WOOD, PLASTICS AND COMPOSITES Section 061053 Wood Blocking and Curbing .................................. 2 Page(s) 062000 Finish Carpentry .................................................... 2 Page(s) 23-011 TABLE OF CONTENTS TOC-1 TABLE OF CONTENTS DIVISION 7 — THERMAL AND MOISTURE PROTECTION Section 072113 Board and Batt Insulation ...................................... 2 Page(s) 079200 Joint Sealants........................................................ 3 Page(s) DIVISION 8 — DOORS AND WINDOWS Section 081113 Steel Doors and Frames ........................................ 3 Page(s) 081416 Flush Wood Doors ................................................. 3 Page(s) 087100 Door Hardware...................................................... 2 Page(s) 088000 Glazing.................................................................. 3 Page(s) DIVISION 9 — FINISHES Section 092900 Gypsum Board Assemblies .................................... 4 Page(s) 095113 Acoustical Panel Ceilings ...................................... 5 Page(s) 096516 Resilient Flooring ................................................... 3 Page(s) 096813 Carpet Tile............................................................. 4 Page(s) 099100 Paints and Coatings ............................................... 4 Page(s) DIVISION 12 — FURNISHINGS Section 123661 Simulated Stone (Natural Quartz and Resin) Fabrication............................................................. 5 Page(s) 23-011 TABLE OF CONTENTS TOC-2 SECTION 001113 ADVERTISEMENT FOR BIDS ADVERTISEMENT FOR BIDS 1.1 'BID INFORMATION A. Sealed bids will be received by the Village of Lemont, on June 12, 2024 at 2:00 p.m. prevailing time for the 2024 Village Hall Renovations. Bids will be opened at the Village Hall, 418 Main St, Lemont, IL 60439. B. A Non -Mandatory Pre -Bid Conference will be held on June 3, 2024, 2:00 p.m. at the Village Hall, 418 Main St, Lemont, IL 60439. All Bidders are encouraged to attend and sign in at the meeting which will also be attended by the Owner, Architect and Engineer. C. Anticipated Award of Contract date: July 15, 2024 D. Anticipated Start of Construction: August 5, 2024 E. Anticipated Substantial Completion date: October 31, 2024 F. Lump sum bid proposals will be received for this project at the scheduled time of receipt bids and will be publicly opened at that time. G. Bid security in the form of a bid bond, certified check or cash in an amount equal to 10 percent of the base bid amount shall be submitted with the bid. Should a bid bond be submitted, the bid bond shall be payable to the Village of Lemont. H. Bids shall be submitted on or before the specified closing time in an opaque sealed envelope addressed to: Clerk Charlene Smollen, Village Clerk. I. The Owner reserves the right to reject any or all bids or parts thereof, or waive any irregularities or informalities, and to make the award in the best interest of the Village. J. All bidders must comply with applicable Illinois Law requiring the payment of prevailing wages by all Contractors working on public works. Bidder must comply with the Illinois Statutory requirements regarding labor, including Equal Employment Opportunity Laws. K. Bidding documents may be obtained from https://www.lemont.il.us/business/bid-postings L. The Architect for the above referenced project is TRIA Architecture, Inc., (630) 455-4500. Board of Trustees Village of Lemont 418 Main Street Lemont, Illinois 60439 END OF SECTION 23-011 ADVERTISEMENT FOR BIDS 001113 - 1 SECTION 002113 INSTRUCTIONS TO BIDDERS PART 1 — GENERAL 1.1 PROPOSAL A. The Village of Lemont, will receive sealed bids for the 2024 Village Hall Renovations. B. To receive full consideration bids must contain the following documents properly completed and signed: 1. Bid Form. 2. Bid Bond. 3. Certificate of Compliance with Illinois Drug -Free Workplace Act. 4. Substance Abuse Prevention Policy 5. Certificate of Compliance with Illinois Human Rights Act. 6. Bidder Eligibility Certification and Non -Collusion Affidavit. 7. Fair Employment Practices Affidavit of Compliance. 8. Indemnity Hold Harmless Agreement. 9. Fully completed AIA document A305 providing the Contractor's qualifications and references. 1.2 PREPARATION FOR BIDS A. Proposals to be entitled for consideration must be made in accordance with the following instructions. 1. Submit one copy of bid on forms provided by the Architect with all blank spaces for bid prices filled in, in ink, or typewritten. 2. Submit one reproduction of bid forms and associated documents. 3. Submit bid in an opaque, sealed envelope, addressed to: Charlene Smollen, Village Clerk. a. Mark the envelope SEALED BID FOR: 1) Project Name. 2) Bidder. 4. Bids will be received until 2:00 p.m. prevailing time on June 12, 2024, for all specified work, at the office of Village Clerk, Village Hall, 418 Main Street, Lemont, Illinois 60439. 5. Bids received after this time will not be accepted. 6. Erasures or written memorandum on the Bid Form are prohibited. Include additional explanations, statements, or qualifications in a separate sheet attached to the Bid Form. 7. The Base Bid shall appear only where called for in the Bid Form and shall not appear elsewhere in the proposal. Any Alternate prices (other than those set forth in the Bid Form) shall be listed on the Substitution Sheet. 8. Fill in all blank spaces for the bid items with prices, or if not applicable, the words "No Bid." B. The Owner reserves the right to reject any or all bids or parts thereof at its sole discretion. C. The Owner reserves the right to waive any or all irregularities or informalities. D. The Owner reserves the right to terminate this request for bids at any time in the bidding process. E. All costs associated with developing or submitting a bid in response to this request, or to obtain oral or written clarification of its content shall be borne by the respondent. The Owner and Architect, and their agents, assume no responsibility for these costs. This request for bids does not commit the Owner or Architect, or any of their agents, to pay any costs incurred in the preparation or submission of a bid. F. Do not detach Bid Proposal Forms from the Project Manual for use in submission of bids; use separate forms furnished by the Architect. G. Telegraphic bids will not be accepted, but modifications by telegram of bids already submitted will be considered if received prior to the scheduled closing time for receiving bids. 1.3 DEFINITIONS A. All definitions set forth in the General Conditions of the Contract for Construction as printed in AIA Document A201 as modified and included herewith are applicable to these Instructions to Bidders. 23-011 INSTRUCTIONS TO BIDDERS 002113 - 1 SECTION 002113 INSTRUCTIONS TO BIDDERS B. Bidding Documents include the Advertisement to Bid, Instructions to Bidders, the Bid Proposal Form and required attachments, AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the Basis of Payment is a Stipulated Sum, 2017 edition, including General Conditions as modified for this project, AIA Document A305, and the proposed Contract Documents including any addendum issued prior to receipt of bids. C. Addenda are written or graphic instruments issued prior to the execution of the Contract which modify or interpret the bidding documents, including Drawings and Specifications, by additions, clarifications, or corrections. Addenda will become part of the Contract Documents when the Construction Contract is executed. 1. Addenda will be issued by Email, FAX transmittal, direct mail or United Parcel delivery. Bidders are to consider all addenda, regardless of method of transmittal, as a binding modification to the contract documents. 2. It is the bidder's responsibility to ascertain from the Architect that they have received all addenda issued to the bidding documents prior to submitting their bids. 1.4 DOCUMENTS A. The Bidding Documents may be obtained from https://www.lemont.il.us/business/bid-postings 1.5 EXAMINATION OF DOCUMENTS AND SITE A. Bidders are responsible for examining all documents and must make a mandatory site visit to examine the site to become familiar with and make allowance for any conditions which may affect the work. Contractors will not be given extra payments for conditions which can be determined by examining the site and documents. B. A Non -Mandatory Pre -Bid Conference will be held on June 3, 2024, 2:00 p.m. at Village Hall, 418 Main Street, Lemont, Illinois 60439. It is recommended that all Bidders attend and participate in the conference which will also be attended by the Owner, the Architect, and the Engineer. The Architect will transmit to prospective bidders of record any Addenda the Architect considers necessary in response to questions arising at the conference. 1.6 POST -BID QUALIFICATION A. Any bidder may be required to submit supporting data to substantiate that such bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. 1.7 BID WITHDRAWAL A. Any bidder may withdraw their bid prior to the scheduled closing time for receiving bids. All bidders shall hold their Bids open for a period of sixty calendar days from the date of Bid Opening. The Owner and Bidders may agree to extend the period of irrevocability beyond the sixty-day period. 1.8 INTERPRETATION OF BIDDING DOCUMENTS A. Submit all questions regarding the Bidding Documents to the Architect. Replies will be issued to all bidders of record in the form of an Addendum. Questions received less than five days before the bid opening date cannot be answered. 1.9 NON -SPECIFIED ITEMS A. Approved Equal Items: 1. To obtain approval to use non -specified items, submit written request at least five days prior to the opening date; requests received after this time will NOT be considered. 2. Requests shall clearly describe the items for which approval is asked including all data necessary to demonstrate acceptability. 3. If an item is acceptable, the Architect will approve same in an Addendum issued to all bidders of record. 23-011 INSTRUCTIONS TO BIDDERS 002113 - 2 SECTION 002113 INSTRUCTIONS TO BIDDERS B. Substitutions: 1. Substitutions for the items specified may be made by the Contractor only by submitting proposed substitutions on the Substitution Sheet provided. 2. Requests received after bid opening will not be considered except for the following conditions: a. Product discontinued. b. Insufficient quantity. Except the following will not establish cause for substitution: 1) Failure to award subcontract in sufficient time, or failure to place orders for products so as to ensure delivery without delaying work. c. Delays beyond control, such as strikes, lockouts, storms, fires, or acts of God, which may preclude the procurement and delivery of products for purposes of the Project. C. No consideration will be given to substitutions after the Contractor submits the Schedule of Values. 1.10 METHOD OF AWARD A. If the Owner should award a Contract, the Owner will award it to the lowest responsible bonafide Bidder with full consideration given to Contractor's Completion Schedule. B. In determining the lowest responsible bona fide Bidder and in awarding a contract, the Owner may take into consideration skill, facilities, capacity, experience, ability, responsibility, previous work, financial standing of bidder, amount of work being carried on by bidder, quality and efficiency of construction equipment proposed to be furnished, period of time within which proposed equipment is furnished and delivered, and necessity of prompt and efficient completion of work herein described. 1.11 PROPOSAL REQUIREMENTS A. Bidder's proposals shall be expressly based on the following items: 1. Instructions to Bidders. 2. Bid Proposal Form. 3. General Conditions. 4. Plans and Specifications. 5. Addenda B. Any Contract resulting from the Bidding Documents will incorporate the terms and provisions of said documents. It is intended that these Bidding Documents shall prevail over conflicting terms and conditions of Contractor's proposal. Bidder's printed terms and conditions are NOT considered as exceptions to the Contract. 1.12 BID SECURITY A. Accompany bids with a Bid Bond, Certified Check or Bank Draft for an amount of Ten Percent of the Base Bid as a guarantee that, if award is made, the bidder will sign the agreement and furnish the required bonds within five days or forfeit his bid security as liquidated damages, but not as a penalty. Execute Bid Bond on A. LA Form A-310, current edition or on form furnished by the Architect. 1. Make Bid Security payable to: Village of Lemont. B. Where a bid bond is given as the bid security, the bid bond must comply with the rating level required for the performance and payment bond as stated in the AIA document A101-Exhibit A included in specification section 007213. C. The bid security of all except the three lowest bidders will be returned within five days after the award of the Contract. D. The bid security of the successful bidder and the two other bidders will be returned promptly after the Owner and the accepted bidder have executed the agreement, and the appropriate bonds and certificates of insurance have been provided by the successful bidder. Bid security of the other Contractor's will be returned promptly after agreement is finalized. 23-011 INSTRUCTIONS TO BIDDERS 002113 - 3 SECTION 002113 INSTRUCTIONS TO BIDDERS 1.13 PERFORMANCE ASSURANCE A. Accepted Bidder: Provide a Performance and Labor and Material/Payment bond. 1. Provide a 100 percent Performance Bond on AIA A312. 2. Provide a 100 percent Payment Bond on AIA 312. 3. Deliver bonds within 3 days after execution of the Contract. 1.14 OTHER CERTIFICATIONS AND SUBMITTALS A. All bidders must complete and sign the following certifications and submit them with their bid proposals. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF BIDDER. 1. Certificate of Compliance with Illinois Drug -Free Workplace Act. 2. Substance Abuse Prevention Policy 3. Certificate of Compliance with Illinois Human Rights Act. 4. Bidder Eligibility Certification and Non -Collusion Affidavit. 5. Fair Employment Practices Affidavit of Compliance. 6. Indemnity Hold Harmless Agreement. 7. Fully completed AIA Document A305. 1.15 POWER OF ATTORNEY A. Attorneys -in -Fact who sign bonds, Agreements or bids must file with each such document a certified and effectively -dated copy of their Power of Attorney. 1.16 EMPLOYMENT AND LABOR PROVISIONS A. In the employment and use of labor, the Contractor and his subcontractors shall conform to the Illinois Statutory requirements regarding labor and wages. See Document 004343 - Prevailing Wage Requirements. B. Vendors/Contractors must conform to all federal, state, local and OSHA Regulations now in effect. C. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. END OF SECTION 23-011 INSTRUCTIONS TO BIDDERS 002113 - 4 SECTION 004113 BID FORM THE PROJECT AND THE PARTIES 1.1 NAME OF BIDDER: 1.2 TO: CHARLENE SMOLLEN, VILLAGE CLERK VILLAGE OF LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 A. We as contractor having familiarized ourselves with local conditions affecting the work and with the proposed Contract Documents on file at the office of the Owner, hereby propose to perform everything required to be performed and to provide all of the labor, materials, necessary equipment and all utilities and transportation and services necessary to perform and complete in a workmanlike manner all work required to complete the proposed work indicated in the bidding documents for the construction of the 2024 Village Hall Renovations, all in accordance with the Drawings and Specifications prepared by the office of TRIA Architecture, Inc. including Addenda No. and issued thereto for the sum of: 1. Base Bid for all Work: ($ - - - I - - - I - - - - - - ) 2. The base bid consists of all Work specified and required by the proposed Contract Documents. B. Alternate Bids: The undersigned hereby states the net amount of increase or decrease to the Lump Sum Base Bid for the following Alternates as described in Section 012300. ALTERNATE NO. 1: To change the Date of Substantial Completion DEDUCTED from the Lump Sum $ C. Unit Prices: Should additional work of the following categories be required, adjustments will be made to the Contract Sum at the following Unit Prices, which shall include all expenses, including overhead and profit; should less work be required, the Unit Prices will be 15% less the price quoted for additional work. 1. Item: Purchase and install carpet tile to match existing; $ Per box. 2. Item: Purchase and install Acoustical Ceiling Panels in Existing Grid; $ Per box. 3. Item: Purchase and install one duplex electrical outlet with up to 20 feet of wiring and conduit; $ Per outlet. 4. Item: Purchase and install one empty junction box with cover plate with 1" conduit stubbed to above ceiling; $ Per junction box. D. Accompanying this proposal is a Bid Security payable to the Village of Lemont, which is agreed will be forfeited to the aforementioned as liquidated damages if the undersigned fails to execute the standard form of Owner/Contractor Agreement (AIA Document A101, 2017 Edition, as modified), which is included herein, and furnish evidence of their ability to become bonded and to provide insurance coverage as specified, within five days after notification of the Intent to Award Contract to the undersigned. 23-011 BID FORM 004113 - 1 SECTION 004113 BID FORM E. In signing and submitting this Bid, the undersigned certifies that all materials and construction to be provided are as indicated in the proposed Contract Documents. F. Time of Completion: If awarded the Contract, the bidder agrees to complete all Construction Work and achieve Substantial Completion by October 31, 2024, 5:00 p.m. NOTE: Substantial Completion for this project refers to all work being a minimum of 99% complete. Final Completion for this project refers to all scheduled work, punch -list and closeout items being 100% complete. G. The space below the Specified Substantial Completion Date has been left blank for insertion of the Contractor's own Desired Substantial Completion Date, if he feels that the date (as stated in the specifications) cannot be met. Insertion of a desired date by the bidder does not change the specified Substantial Completion Date unless the Owner chooses to accept the bidder's desired date when awarding the contract. 1. Specified Substantial Completion Date: October 31, 2024, 5:00 p.m. 2. Contractor's Desired Substantial Completion Date: H. Base Bid Breakdown: For the purpose of logical comparison of orders of magnitude in the bids, the Owner requires a global breakdown of the components of the base bid. Contractors are required to provide this breakdown. Failure to do so will subject the bid to rejection. The sum of the following items must equal the Lump Sum Base Bid. BREAKDOWN: Division 01: General Requirements — Allowances: $ Division 01: General Requirements — O&P: $ Division 01: General Requirements — Remaining Items Division 02: Sitework: Subcontractor (Legal Name, Address): Division 03: Concrete: Subcontractor (Legal Name, Address: Division 06: Wood and Plastic: Subcontractor (Legal Name, Address): Division 07: Thermal and Moisture Protection: Subcontractor (Legal Name, Address): Division 08: Doors and Windows: Subcontractor (Legal Name, Address): 23-011 BID FORM 004113 - 2 SECTION 004113 BID FORM Division 09: Finishes: Subcontractor (Legal Name, Address): Division 12: Furnishings: Subcontractor (Legal Name, Address): Miscellaneous Any items not identified above: Subcontractor (Legal Name, Address): TOTAL (Should equal base bid): FIRM NAME: OFFICIAL ADDRESS: Telephone Number: _ Email Address: By: (Signature) (Printed/Typed Name and Title) Where the Bidder is a corporation, add Attest Secretary (signature) Date Fax Number: Date: (SEAL) CERTIFIED OR CASHIERS CHECK, BID BOND, OR BANK DRAFT ENCLOSED IN THE FOLLOWING AMOUNT: $ END OF BID FORM 23-011 BID FORM 004113 - 3 SECTION 004313 BID BOND 1.1 BID BOND INFORMATION A. KNOW ALL MEN BY THESE PRESENTS, THAT WE as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of Illinois as Surety, are held and firmly bound unto as Obligee, hereinafter called Obligee, in the sum of Dollars ($ ), 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 these presents. B. WHEREAS, the Principal has submitted a bid for: 2024 Village Hall Renovations C. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment 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 hereof between 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 said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. D. The bid bond must comply with the rating level required for the performance and payment bond as stated in section 11.4 of AIA document A201. Signed and sealed this day of (Principal) (SEAL) (Witness) (Title) (Surety) (SEAL) (Witness) (Title) 23-011 BID BOND 004313 - 1 SECTION 004325 SUBSTITUTION SHEET 1.1 SUBSTITUTION INFORMATION A. All bids shall be based upon the provisions of the proposed Contract Documents. B. Bidders desiring to make substitutions for "proprietary brands" specified shall list such proposed substitutions below, together with the amount to be added or deducted from the amounts of their base bids. C. The Owner reserves the right to reject all such substitutions, and such substitutions will not be used to determine the low bid. D. Complete descriptions and technical data shall accompany all proposed substitutions. E. NOTE: Manufacturer's names and material approved by the Architect during the bidding time, but not shown in Addenda, must be listed below if said material is to be considered. F. BRAND/MAKE SPECIFIED PROPOSED ADD DEDUCT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. NAME OF BIDDER: DATE: END OF SECTION 23-011 SUBSTITUTION SHEET 004325 - 1 SECTION 004343 PREVAILING WAGE REQUIREMENTS PART 1 —GENERAL 1.1 REQUIREMENTS A. Each Contractor shall comply with the requirements of the Illinois Prevailing Wage Act 820 ILCS 130/.01 et seq. which regulates the wages of laborers, workers, and mechanics employed in any Public Works project by the State, County, City or by any public body or any political subdivision or by anyone under contract for Public Works, including but not limited to: wages, medical and hospitalization insurance and retirement for those trades covered by the Act. B. If, during the course of work under this contract, the Department of Labor revises the prevailing rate of wages for any trade or occupation to be paid under this contract, the Contractor shall notify each Subcontractor of the changes in the prevailing rate of wages. The Contractor shall have the sole responsibility and duty to ensure that the revised prevailing rate of wages is paid by all Contractors and all Subcontractors to each laborer, worker, or mechanic to whom a revised rate is applicable. Revisions to the prevailing rate of wages as set forth above shall not result in an increase in the Contract Sum. 1.2 ACT AND ORDINANCES A. The Illinois Prevailing Wage Act requires all contractors and subcontractors to pay laborers, workers, and mechanics performing services on a Public Works project no less than the "prevailing rate of wages" (hourly cash wages plus fringe benefits) in the county where the work is performed. 1. A copy of Illinois Department of Labor Prevailing Wages for Cook County effective — May 2024 is included herein. 2. Refer to the Illinois Department of Labor's web site for changes in the "prevailing rate of wage" throughout the duration of the project. All Contractors and Subcontractors rendering services under this contract must comply with all the requirements of the Illinois Prevailing Wage Act, including, but not limited to, all wage notice and recordkeeping duties. 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Contractor, having 25 employees, does hereby certify pursuant to Section 3 of the Illinois Drug -Free Workplace Act (III. Rev. Stat. ch. 127 par. 132.313) that [he, she, it] shall provide a drug free workplace for all employees engaged in the performance of work under the contract by complying with the requirements of the Illinois Drug Free Workplace Act and, further certified, that [he, she, it] is not ineligible for award of this contract by reason of debarment for a violation of the Illinois Drug -Free Workplace Act. B. Firm Name: C. By: (Authorized Agent of Contractor) 23-011 CERTIFICATE OF COMPLIANCE WITH ILLINOIS DRUG -FREE WORKPLACE ACT 004850 - 1 SECTION 004860 SUBSTANCE ABUSE PREVENTION POLICY 1.1 SUBSTANCE ABUSE PREVENTION POLICY A. Pursuant to P.A. 95-0635 (the "Substance Abuse Prevention on Public Works Act'), employees of the Contractor and employees of any Subcontractor are prohibited from the use of drugs or alcohol, as defined in the Act, while performing work on any public works project. Before the Contractor or Subcontractor commences work, the Contractor and any Subcontractor shall have in place a written Substance Abuse Prevention Program for the prevention of substance abuse among its employees which meets or exceeds the requirements in P.A. 95- 0635 or shall have a collective bargaining agreement in effect dealing with the subject matter of P.A. 05-0635. The Contractor and any Subcontractor shall file with the public body engaged in the construction of the public works: a copy of the substance abuse prevention program along with a cover letter certifying that their program meets the requirements of the Act or a letter certifying that the Contractor or Subcontractor has a collective bargaining agreement in effect dealing with the subject matter of this Act. A certification form is attached and must be completed by the Contractor and each Subcontractor to this Contract. 23-011 SUBSTANCE ABUSE PREVENTION POLICY 004860 - 1 SECTION 004860 SUBSTANCE ABUSE PREVENTION POLICY (Date) George Schafer, Village Administrator Village of Lemont 418 Main Street Lemont, Illinois 60439 Re: Substance Abuse Prevention Program Pursuant to Public Act 95-0635, the undersigned hereby certifies that it is in compliance with the terms and provisions of the Substance Abuse Prevention on Public Works Act. In particular, the undersigned hereby represents and warrants to the Owner as follows: [complete either A or B below] A. The undersigned representative of the Contractor/Subcontractor certifies that the contracting entity has signed collective bargaining agreements that are in effect for all of its employees, and that deal with the subject matter of Public Act 95-0635. Contractor/Subcontractor (type or print) Name of Authorized Representative (type or print) Title of Authorized Representative (type or print) Date: Signature of Authorized Representative B. The undersigned representative of the Contractor/Subcontractor certifies that the contracting entity has in place for all of its employees not covered by a collective bargaining agreement that deals with the subject of the Act, the attached substance abuse prevention program that meets or exceeds the requirements of Public Act 95-0635 [attach a copy of the program]. Contractor/Subcontractor (type or print) Name of Authorized Representative (type or print) Title of Authorized Representative (type or print) Date: Signature of Authorized Representative 23-011 SUBSTANCE ABUSE PREVENTION POLICY 004860 - 2 SECTION 004870 CERTIFICATE OF COMPLIANCE WITH ILLINOIS HUMAN RIGHTS ACT 1.1 CERTIFICATE OF COMPLIANCE WITH ILLINOIS HUMAN RIGHTS ACT INFORMATION A. Contractor, does hereby certify pursuant to P.A. 87-1257, the Illinois Human Rights Act, that(he, she, it) has adopted a written sexual harassment policy that includes at a minimum the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under Illinois law; (iii) a description of sexual harassment, utilizing examples; (iv) an employer's internal complaint process, including penalty; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6- 101 of the Illinois Human Rights Act. B. Firm Name: C. By: (Authorized Agent of Contractor) 23-011 CERTIFICATE OF COMPLIANCE WITH ILLINOIS HUMAN RIGHTS ACT 004870 - 1 SECTION 004950 BIDDER ELIGIBILITY CERTIFICATION AND NON -COLLUSION AFFIDAVIT 1.1 BIDDER ELIGIBILITY CERTIFICATION AND NON -COLLUSION AFFIDAVIT INFORMATION A. Public Act 85-1295 (Illinois Revised Statutes, 1987, ch. 38, art. 33E) requires that all contractors bidding for public agencies in the State of Illinois certify that they are not barred from bidding on public contracts for bid rigging or bid rotation. B. The following certification must be signed and submitted with bidder's bid proposal. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION OF THE BIDDER. 1. , as part of its bid on (Name of Contractor) 2. Contract for — 2024 Village Hall Renovations, hereby certifies that said contractor is not barred from bidding on the aforementioned contract as a result of a. violation of either Section 33E 3 or 33E-4 of Article 33E of Chapter 38 of the Illinois Revised Statutes. 3. The undersigned further certifies and affirms that this proposal was prepared independently for this project and that it contains no fees or amounts other than for legitimate execution of this work as specified and that it includes no understandings or agreements in restraint of trade. Firm Name: By: (Authorized Agent of Contractor) (Title) Subscribe and sworn to before me this day of (Notary Public) 23-011 BIDDER ELIGIBILITY CERTIFICATION AND NON -COLLUSION AFFIDAVIT 004950 - 1 SECTION 004960 FAIR EMPLOYMENT PRACTICES AFFIDAVIT OF COMPLIANCE 1.1 FAIR EMPLOYMENT PRACTICES AFFIDAVIT OF COMPLIANCE A. THIS AFFIDAVIT MUST BE EXECUTED AND SUBMITTED WITH THE SIGNED CONTRACT FORM. NO CONTRACTS WILL BE ACCEPTED BY THE BOARD OF TRUSTEES OF THE VILLAGE UNLESS SAID AFFADIVIT IS SUBMITTED CONCURRENTLY WITH THE CONTRACT. (Name) being first duly sworn, deposes and says that he/she is the (Title) of (Name of Company) and that he/she has the authority to make the following affidavit that he/she has knowledge of the Village Bid Specifications and Documents relating to Fair Employment Practices and knows and understands the contents thereof: that he/she certifies hereby that is the policy of (Name of Company) to recruit, hire. train, upgrade, promote and discipline its employees without regard to race, color, creed, religion, age, sex, or physical mental handicap; and that the Company has and enforces policies which prohibit sexual harassment in the workplace. (Signature) SUBSCRIBED and sworn to before me this day of (Notary Public) 23-011 FAIR EMPLOYMENT PRACTICES AFFIDAVIT OF COMPLIANCE 004960 - 1 SECTION 004970 INDEMNITY HOLD HARMLESS AGREEMENT 1.1 INDEMNITY HOLD HARMLESS AGREEMENT A. To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and hold harmless the Village its officials, agents and employees against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its officials, agents and employees, arising in whole or in part of in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may in anywise result in therefore, except that arising out of the sole legal cause of the Village, its agents or employees, the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all cost and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and employees, in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expresses, understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials, agents and employees as herein provided. The Contractor further agrees that to the extent that money is due the Contractor, by virtue of this contract as shall be considered necessary in the judgment of the Village may be retained by the Village to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and/or evidence to that extent shall have been furnished to the satisfaction of the Village. CONTRACTOR: (Signature) SUBSCRIBED and sworn to before me this day of (Notary Public) 23-011 INDEMNITY HOLD HARMLESS AGREEMENT 004970 - 1 SECTION 007213 GENERAL CONDITIONS FORM OF GENERAL CONDITIONS 1.1 AIA Document A201, General Conditions of the Contract for Construction, 2017 Edition, attached, is the General Conditions between the Owner and Contractor. 1.2 AIA Document A101-Exhibit A, Insurance and Bonds, 2017 Edition, attached, is the Insurance and Bonds requirements, for the Owner and Contractor, for the project. 1.3 A Letter of Intent to Award a Construction Contract will be issued to the approved contractor upon approval of the Owner. This Letter of Intent shall serve as the Notice to proceed and the Contract for Construction, with all the terms and conditions referenced in the contract documents, until the contract, referenced above, has been fully executed. The awarded contractor shall begin all construction services as specified upon receipt of this Letter of Intent. END OF SECTION 23-011 GENERAL CONDITIONS 007213 - 1 DIR � F7AIAO Document A201" - 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Village of Lemont - General » ) 4<051024 » ADDITIONS AND DELETIONS: T—he author of this document has THE OWNER: added information needed for its completion. The author (Name, legal status and address) may also have revised the text of the original AIA 4<Vlllage of Lemont Standard form. n Additions and'Deletio s port that 418 Main Street Lots added inf rmation as Lemont, Illinois 60439 »« » w )_ ell as rev'sio s to the standard form t xt is avaLable m a-aLLhor and. Should be reviewed. THE ARCHITECT: (Nw�7e, legal status and address This document has important �' ) legal consequences. Consultation with an u «TRIA ArchiteCtU3'e, lnc.»t< >) attorney is encouraged with i<901 McClintock Drive, Suite 100 respect to its completion or modification. BuiT Ridge, Illinois 60527» �or guidance in modifying TABLE OF ARTICLES this document to include supplementary conditions, see AIA Document A503TM, Guide 1 GENERAL PROVISIONS for supplementary Conditions. 1 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS - I— 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 w)A 11 INSURANCE AND BONDS ELECTRONIC COPYING of any 12 UNCOVERING AND CORRECTION OF WORK portion of this AIA' Document to another electronic file is 1prohibited and constitutes a 3 MISCELLANEOUS PROVISIONS violation of copyright laws as set forth in the footer of this 14 TERMINATION OR SUSPENSION OF THE CONTRACT document. 15 CLAIMS AND DISPUTES AIA Document A201 - 2017. Copyright .� 1911, -915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 1 exo'res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To repo— copyright violations, e-mail docinEo@aiacontracts.com. User Notes: (1213)53921) INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3,3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections __._...._....__...__...___....-. 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3 9..2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.J _] Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Represent tiv 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5,3.7.4,3.7.5,3.9.2,3.9.3,1.10,3.11,3.12,3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 0 1-1 .. Asbestos 10.3.1 Attorneys' Fees Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and t er Contr is r Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 ��� Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15. 1.3; 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3l, lji.4.1 Bonds, Lien 7.3.4.4,9.6.8,9.10.2,9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 1 LL3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 AIA Document A201 - 2017. Copyright C 1911, =915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 2 exp-re s on 06/19/2024, is not for resale, is licensed for one-t'-me use only, and may only be used in accordance with the A=A Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1. 1. 1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3. 1. 1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2,15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9. 1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder { 15.4.4 CONSTRUCTION BY OWkER_ _ _ ..._. .. _.._ ...... _.._.._ _.. g .OR_RY ____...___._._.._.1 SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2, 7.1. 3,7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of y u" 1.1.2 CONTRACT, TERMINAT SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating { to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies qu ,shed and s of 1.5.2, 2.3.6, 5.3 Contract Documents, Defini onI of Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, tJ:2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 1 1.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1., 15:5.2.3, 25 Contract Sum, Definition of9.1Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2,6.1.5, i 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 1,7..10,7.4,8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 0.3., 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15..5—_ _ Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 AIA Document A201 - 2017. Copyright Q' 1911, '915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 3 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents Terms of Service. To report copyright violations, e-mail docinfo@a—contracts.com. User Notes; (1213753-21) Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18,4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 44.4 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 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, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay - �- 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3., 14.3.2 Date of Commencement of t e Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of j 8.1.4 1 Decisions of the Architect 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,64,7..4, 7.3.9,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1, 1 .4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions`~ 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.;.5 Digital Data Use and Translissiolf-'­ , ,� 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at 3.11 Drawings, Definition of 1.1.5 _ Drawings and Specifications, Use apd-fiwnership oi` 3.11 ' Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's-�-- 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 10.3.3, 11.3, 14.1, 14.2. 1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5. 1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 AIA Document A201 - 2017. Copyright C 1911, _915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 4 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents=" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753,21) Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4,15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 r- - I, Insured loss, Adjustment and ett ement of 11.5 Intent of the Contract Documdnts'-- 1.2.1,4.2.7,4.2.12,4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written t 4.2.11, 4.2.12 Judgment on Final Award 1 15.4.2 I Labor and Materials, Equip ei[t 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.9.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of ter.... 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, .1 3.18.1,4,2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7 9. .8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 j Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 921-9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.31, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.1.1.3, 9.10.2, j 10.2.1.2,10.2.4,14.2.1.1,14.2.1.E -�a--- 1 Means, Methods, Techniques,.S alc.e&.aud,.-....-.,__--___.._—.I Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4. 1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 AIA Document A201 - 2017. Copyright P. 1911, =915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 201i. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 5 exp-res on 06/19/2024, is not for resale, is licensed for one-tcme use only, and may only be used in accordance with the A -A Contract Documents Terms of Service. To repot copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 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, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.3 2.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.12, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 i I Owner's Right to Suspend the WJrk 14.3 j Owner's Right to Terminate the Contract.----------.] 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 9 3.14, 6.2.5 Patents 3.17 Payment, Applications for -� 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10. 1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of '' a a• 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 /r'f Payment Bond, Performance nd and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 ter, Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, • 5. .4 PAYMENTS AND COMPL TON __ e 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.64, 9.6.7, PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl _,...... 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 AIA Document A201 - 2017. Copyright r, 1911, -915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 201i. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" 6 are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which exp-res on 06/19/2024, is not for resale, is licensed for one-tcme use only, and may only be used in accordance with the A=A Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@alacontractS.COm. User Notes: (1213753921) Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9. 1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9. 10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1. 1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition.of 6.1.1 Shop Drawings, Definition of 3.12.1 _ ...., Shop Drawings, Product Data ad Samples 3.11, 3.12, 4.2.7 ' Site, Use of 3.13, 6.1.1, 6.2.1 i Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing i 4.2.6, 12.2.1, 13.4 Specifications, Definition of - 1.1.6 Specifications 1. 1. 1, 1.1.6, 1.2.2, 1.5, 3.12.1 ,3.17,4.2..14 u Statute of Limitations 15.1.2, 15.4.1.1—' Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of. a- _ 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by. 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, �! 9.6.7 Subcontractual Relations .�� 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10..1, 14.1, 14.2 1 Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2. ,7.3.4,9. ,9.3,9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3,E Substances, Hazardous 10.3 Substantial Completion ; l 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.9 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of __.. 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 AIA Document A201 - 2017. Copyright .^ 1911, -915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order Nontrac 932c which exp_xes on 06/19/2024, is net for resale, is licensed for one-t=me use only, and may only be used in accordance with the A.A Contract Documents Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 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, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claim) 3.7.4, 10.2.8, . 15.1.2, 15 Title to Work 9.3.2, 9.3.3 UNCOVERING AND 12 Uncovering of Work 12.1 Unforeseen Conditions, 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect s 13.3.2 Waiver of Claims by the Contractor; 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 1 1:'�,._, Waiver of Consequential Damages 14.2.4, 15.1.7._� Waiver of Liens Waivers of Subrogation � 6.1.1, 11.3 Warranty 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 Weather Delays 8.3, 15.1.6.2 Work, Definition of d` Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.1 .2, .1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 AIA Document A201 - 2017. Copyright <' 1911, =915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 8 exp_res on 06/19/2024, is not for resale, is licensed for one-tcme use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents A ,...o,.ment) and , ist of the A greet n: a, consist of the Invitation to Bid Instruction to Bidders, Bid Form, Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Schedules, 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) (1) an Architect's Supplemental Instruction or (5) a written order for a minor change in the . Work issued by the Architect. Unless speeifieally entimer-ated in the Agreement, the t DE ents de Het r-elating to bidding or- proposal fequir-ements. § 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, eit er ritten or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall hot -._ 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 j The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors.' § 1.1.5 The Drawings i I 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. Figured g Y gp , dimensions shall be followed in preference to measurements by scale. All dimensions shall be checked against field measurements of existing conditions to be taken by the Contractor. § 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 se ices. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later d vel ped, of the tangible j and intangible creative work performed by the Architect and the Architect's consultants under th irrespective j 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 1 9 In the event that the Owner retains a Construction Manager at Risk for the Project, the term "Contractor" as used herein shall refer to the Contractor or Construction Manager at Risk. AIA Document A201 - 2017. Copyright ^ 1911, :915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 9 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To rep­r copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 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 Contfaeton Contractor and items reasonably inferable therefrom. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; PeFf .....anee by the Contra tom being 0 e . to odu a the indicated r sultall. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contraetor its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. ai in quality or greater quantity requirements shall apply. dimensions and noted materials over graphic representations Words in singular shall include a plural whenever applicable, or the context so indicates. § 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. "f § 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. § 1.2.3.1 In the event of conflicts or discrepancies among the Contract Documents interpretations will be based on the following priorities: 1) The Agreement 2) Addenda with those of later date havingprecedence over -those of earlier date 3) The General Conditions of the Contract for Construction, 4 Drawings and Specifications`. § 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. l § 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. The descriptive headings of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any provisions fallowing them. § 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:-Stibrnittal or -- j distribution to meet official regulatory requirements or for other purposes in connection with the2xn ectis iwtJo.br._..__.._ 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. AIA Document A201 - 2017. Copyright 7 1911, '915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 1 exp_res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A -A Contract Documents Termsof Service. To rep�r_ copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 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. J § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.8 Building Information Models Use and Reliance l [--I Any use of, or reliance on, all or a portion of a building information model without agreementI to protocols �overnmg the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA V Document E203Tw-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202T11-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the 1 o ra t Documents as if singular in number. The Owner shall designate in writing a representative who shall have -express -a authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Excepias------- otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner nr the (lxx—r'c niithnri�Prl rPnrPCPrlt'.1t7xJP located,infarinafion shall include a eoffeet statement of the reeord legal title io the property on whieh the Pfojeet is usually of e t„ the site, and the O ,to st ther-ein. § 2.2 EvidenGe of the Owner's FinanGh' ArrangementsInformation and Services Required of Owner` 6 2.2.1 Pt-iof to earnmeneement of the Work and upon written request by the Gontraetaf, the Ownei: shall furnish to canopy permits required to execute the Work _ en:.7..pee►sser:ea>n:.�.r..:c�re�r4..nn„�a�,�.n.�ss.�:i . • • .. WI�• rem FVAFJr.TPM1WWVVF.9M • - �:..:.:. AIA Document A201 - 2017. Copyright 1911, -915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1916, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 11 exo'res on 06/19/2024, is not for resale, is licensed for one-t:me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Serv'ce. .o repar_ copyright violations, a-mai!. do�info@aiacontracts.com. User Notes: (1213753-21) Centraeter's reasonable eests of shutdown, delay and staft tip, phis interest as provided in the Contrae Peetiments­.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. § 9 3 Information and Se".ir s RegUi.ed of the Owner § 2.3.1 r t f . its and fees that a e the responsibility f+l r t a t assessments and ehar-ges required for- ineluding these required undef Seetion 3.7. 1, the Owner shall seetife and pay fef neeessar-y approvals, eas, - — - '. e and the safe performance of the Work. § 2.3.2 The Owner shall b ar-ehiteetuFe in the jtwisdietion where the Project is laeated. That per-sen or- entity is identified as the Ar-ehiteet in the n t ' a is f ....,.a to th..,,..,.hetit the Cent -aet r,,,,.,,,. ents . if skag . ar- in. ...be fitrnish information or § 2.3.3 Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3.4 The Owner- shall fur-nish stifveys deseribing physieal ehaFaetefiStieS, legal limitations and utility loeations f6 § 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 of the Owner AIA Document A201 - 2017. Copyright T 1911, '915, 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 draft was produced at 12:13:31 CT on O5/10/2024 under order No.4104243278 which 12 exp'res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A_A Contract Documents Terms of Service. To rep�r� copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) 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 seven-day (7) period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner ma3 ,-may immediately, without prejudice to other remedies the Owner may have, correct such default or neglect. Such aetion by the Owner an� fits eha-,--d to tile thereafter due the Contractor, the cost of correcting such deficiencies, including to, attorney's fees, compensation for the Architect's additional services made n fails to physically sign such Change Order. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, immediately upon demand of the Owner. This right shall be in addition to and not in restriction or derogation of the Owner's rights under Article 14 hereof. & 2.6 ADDITIONAL RIGHTS Contract Documents or at law or in equity. 9 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 jurisdictioni 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 "Contactor" means the Contractor or the Contractor's authorized representative. / 11 1 § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. r § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, b&ofne._ generally has inspected the local conditions under which the Work is to be performed,'and has reviewed ^ *� the Contract Documents, and correlated personal observations and inspections, and the bid, with 411 of the =i requirements of the Contract Documents. 1 & 3.2.1.1 It shall be the dutv of the Contractor to verify all dimensions given on the Drawings, and to report -any error - or inconsistency to the Architect before commencing Work 3.2.1.2 If the Contractor finds anv details, construction procedures or materials shown on the Drawings or called for in the Specifications which the Contractor believes may not be satisfactory for the use shown, the Contractor shall so notify the Architect at least five (5) days before bids are due. Signing of the Agreement and starting the Work by the Contractor shall indicate the Contractor agreement with all details construction procedures, and materials so shown and/or specified and shall indicate the Contractor's willingness to construct the Project in strict accordance with the Contract Documents and to guarantee the Project in full compliance with the warranty provisions of the Contract Documents By executingthis his Agreement the Contractor further acknowledges that it has satisfied itself as to the nature and location of the Work the general and local conditions under which the Work is to be performed, including AIA Document A201 - 2017. Copyright 1911, =915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 13 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A=A Contract Documents- Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) those bearing upon transportation disposal handling and storage of materials availability of labor, water, electric power, roads and uncertainties of weather, ground water table or similar physical conditions of the ground, the character, quality and quanta of surface and subsurface materials to be encountered the character of equipment and facilities needed prior to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof Any failure by the Contractor to become acquainted with all the available information Documents. it i additional cost to the Owner in accordance with the Architect's determination. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work; as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. Th2se j purpose of diseey ^ T The Contractor shall promptly report to the Owner and the Architect any errors, omissions, or _ inconsistencies in the Contract ineensiste , . . fis diseevered by er- made known to the Centraeter as a request for- iiif6rmation iii sueh for -` eei,Afaetef and not as a lieensed design professional, unless othetwise speeifieally pfevided in the Cent the Contract Document which should have been discovered by the Contractor. § 3.2.3 The Contractor is , Architect or work installed by other contractors. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions thee. _.., 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 th obligations of j 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 these ebligatieH-the obligations in Sections 3.2.2 and 3.2.3, the Contractor shall not be liable to the Owneror Architect for - damages resulting from errors, n;consistn:inconsistencies, or omissions in the Contract nDoeume ntTlQOCuments or for differences between field measurements or conditions and the Contract Documents, or for ,,,,,,, on fi.rmites a ..ubli . author-ifies.unless the Contractor recognized or should have recognized the error, inconsistency, omission, or difference and failed to report it. § 3.2.5 In no event shall the Architect or Owner have control over, charge of, or any responsibility for construction means methods techniques sequences or procedures or for safety precautions and programs in connection with this Work notwithstanding any of the rights and authority granted the Owner in the Contract Documents. AIA Document A201 - 2017. Copyright 1911, '915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 14 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 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. Unl�ss the..ArchitecLohjscts to the Contractor's proposed alternative, the Contractor shall perform the Work using its alte>ative means, methods, techniques, sequences, or procedures. The Contractor shall review any construction or installation! procedure Architect: (a) If a specified product deviates from good construction practices. (b) If following the Specifications will affect any warranties. (c) Any objections which the Contractor may have to the Specifications. other provisions of these Contract Documents. § 3.3.2 The Contractor shall engage workmen who are skilled in performing the Work and all Work shall be perfon-ned with care and skill and in a good workmanlike manner under the full time supervision of the approved superintendent described in Section 3.9.3. The Contractor shall be liable for all property damage including repairs or replacement of responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontractors. Arid their age t and employees, and mother persons or entities performing portions of the Work for, or on behalf of, the tr' c or any of its zSubeentruetors.Subcontractors or claiming by through or under the Contractor, and for any daana losses costs and expenses resulting from such acts or omissions. § 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. Documents either by activities or duties of the Architect in the Architect's administratic inspections or approvals required of or performed by persons other than the Contractor. tractors, if any. § 3 3 6 The Contractor shall assign a competent technical -trained office project manager to the Project who shall perform all office functions including checking, approving and coordinating shop drawings and approving urchasin and disbursement pay -out requests and correspondence and responding to Owner inquiries § 3.4 Labor and Materials ; § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide acid pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other i 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. AIA Document A201 - 2017. Copyright ^ 1911, '915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 15 exp-res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A_A Contract Documents` Terms of Service. To repor- copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 3.4.2 OFdoFed by the AFGhateGt on aGGGFdanGe with Sertien 7.4, the GentFartOF may make substitutions only with the Gensent 0 the OwneF, afteF evaluation by the AFGhitert and in aGG.GFdanre with a Change OrdeF OF G0nStFUGt!Gn Change Direst+ve—Substitutions• Before or after the after the award of the Contract a request by the Contractor for a substitution of materials or equipment in place of those specified in the Contract Documents will be considered only under one or more of the following conditions: for or existing. (b) Unavailability of specified products, through no fault of the Contractor. designated space. required. By makil_ _ .1 represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; 2 represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; the substitution which subsequently become apparent, and _4 will coordinate the installation of the accepted substitu for the Work to be complete in all respects. § 3.4.2.1 Substitution requests shall be written timely and accompanied by adequate technical cost data and information to satisfy one or more conditions above Requests shall include a complete description of the proposed Architect and in accordance with a Change Order or Construction Change Directive. M § 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. The Contractor shall be responsible for any damages to property or injuries to persons or to any other harm caused by the Contractor's employees. ti § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment -st for the the Contract will be of good quality and --I WaffantS that the Work Will e046M tO the FeEtuir-ements of the Contr-aet Poeuments and will be 4ee fi-ana defeeis, exeep! for- these inherent in the "ality of the WME the Gentruet Doett F pefmit. War-k, materials, a insufffi�_iewe, r , tien r^l • and tea and • al usagenew, unless otherwise •�y�r required or permitted by the Contract Documents and that the Work will be free from faults and defects and in conformance with the Contract Documents. The warranty will not be affected by the specification of any product or procedure unless the Contractor objects promptly to such product or procedure and advises the Architect of possible substitute products or procedures which will not affect the warranty. This warranty shall not be restricted by the AIA Document A201 - 2017. Copyright C 1911, -915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 1 6 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A=A Contract Documents' Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) limitations of any manufacturer's warranty. Work not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective in the Owner's sole discretion. Inability or refusal of the Subcontractor or supplier responsible for the defective work to correct such work shall not excuse the Contractor from performing under the warranty. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3 5 3 All matenal equipment, or other special warranties required ny the t ontract tocuments snau oe issueu in me name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section - § 3.6 Taxes The Coot •ae*er- shall pay Retail sales tax shall not be included in the bid amount. The Owner 3-5 of the Illinois Use Tax Act 35 ILCS 10511 et. seq, from Mina aqy of the taxes imposed is Jxemnted S ction by ihe Act anI sales to Owner are exempt by 35 ILCS 120/1 et seq from any of the taxes imposed by the Act The Department of Revenue of the State of Illinois has declared that sales of materials to construction contractors for conversion into real estate for schools governmental bodies agencies and instrumentalities are not taxable retail sales. The Contractor shall be responsible for any sales, consumer, use and similar taxes for the Work pr-evided by the Gentraeter- that are le�!41-y efect:Work. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless ethenA,ise provided in the Gentruet Documents, the Gontraetor shal --d PBA, f��thF-, building The Contractor shall secure all permits, licenses and inspections necessary for proper execution and completion of the Work that -which are customarily secured after execution of the Contract andgetiation eeneluded.which are legally required when bids are received. _ y of the application or written notice to the Owner for approval. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, code rules and regulations, and lawful orders of public authorities applicable to performance of the Work. `y § 3.7.3 If the Contractor and Owner in writing for clarification by the Architect. If the Contractor performs Work kno{vvin� it to be contrary to a�applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public uthorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the eests cos d ma es losses and expenses 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 of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are distufbed and in no event later- than 14 days after fifst bseFvanee of the ,.endition Disturbed.. 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 of the Work, will recommend that an equitable adjustment be made in the Contract Sum AIA Document A201 - 2017, Copyright :^ 1911, =915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 19�6, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 17 exp'-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To reperc copyright violations, e-mail docinfo@aiacontracts.com. Use. Notes: (1213753921) or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. The site conditions contemplated by this Section include but are not limited to materials containing asbestos, polychlorinated biphenyl (PCB) or hazardous materials as defined in the Contract Documents. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by, the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjusuients in the Contract Sum and Contract Time arising from the existence of such remains or features may be 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. itery s covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may dire t, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.. T7 ri § 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 of the Change Order shall reflect (1) the difference between -actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. 1, - y.. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent fluent in the English language a0d necess �' r' J assistants who shall be in attendance at the Project site during performance of the Work. The sup)erintenden sh f' represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications by the superintendent shall be confirmed in writing. Other communicate; ions by the Owner with the advice of the Architect. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of name and qualifications of a proposed superintendent. Wkhiti 14 days of reeeipt of the i"F " atiei A rehiteet niay ident or- (2) r-equires additional time far- r-eview. Failure of the Ar-ehiteet to pfovide netip.e within the 14 day ill eenstitute nefiee of no reasonable .If the Owner has any objection to the proposed superintendent the Owner shall notify the Contractor in writing within seven (7) days of its obiection,-and-the- ..........�- Contractor shall propose a replacement. ..___.... __.._ ..J § 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 eensent w ' w hall not utir-e.....,nablly be withheld or delayed -.And Architect's written consent. § 3 9 4 The Contractor's superintendent must be dedicated solely to the Project and must be at the Project site at all times that Work is being performed at the site whether the Work is performed by the Contractor's own forces or by any subcontractors The superintendent must be at the Project site from the first day of on -site activities until a minimum of thirty (30) days after the date of Substantial Completion until all punch list items have been completed. AIA Document A201 - 2017. Copyright 1911, '915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243279 which 18 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) Failure by the Contractor to provide full-time on -site supervision shall constitute grounds for termination of the Contract Documents by the Owner with seven days written notice. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Owner's and Architect's inf n:nation a Coot...,, tef's , nsti for the M appivpiiaic uuvivaia as vy 1.1 wi.ur —v — u... . �­, ....— ­.,... V..,......, ...,..,..,,.,....:....,.»... execution of the Work and shall be submitted to the Owner and Architect for review and approval. 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 of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The i submit a si ibmittal sehedule, or fails to pfE),v,ide submittals in aeeofdafiee with the appfoved submittal sehedule, the Gentfaeter shall not be entitled to any iner-ease in Centraet Sum or- extension of Gentfaet Time based on the time update on the Project schedule and a written status report which includes a description of the progress of the Work and The report shall also include a summary of the Contractor's meetings with subcontractors. 3.10.5 The Contractor shall hold meetings at least weekly or at such intervals as are other�V. ise Le table to the Owner and Architect at the site. The Contractor shall provide the subcontractors Architect : nd'the Owner with a r meeting schedule. The Contractor shall require subcontractors currently working at the sitewlto 4ave a representative present for such meetings. - § 310 6 Within twenty-one (21) days of the award of the Project the Contractor shall provide a written report to the Architect and the Owner that includes a list of the Contractor's suppliers a list of materials and equipment to be purchased from suppliers and fabricators the time required for fabrication, and the scheduled delivery dates for materials and equipment Cries of the Contractor's purchase orders shall be delivered to the Architect and the Owner as soon as possible after receipt by the Contractor. § 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 AIA Document A201 - 2017. Copyright C 1911, _915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 19 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents" Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) 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 along with all operating manuals for all equipment shall be available to the Architect at all times and delivered to the Architect for submittal to the Owner .after completion of the Work but before the final Application for Payment. Architect itions shown on the Contract Drawings shall be shown and dimensioned on these recorddraWings l he ro rfnr shall d--lnn 1--t rtrawinae fnr rnnranlerl wnrk that iS whemntlrally indicated on t- nnttract_DrawinPsin. without approval of the Architect. (1) Significant deviations of any nature made during construction; referenced to permanent surface improvements. 1 i (3) Location of mechanical and electrical services utilities and appurtenancesthat are concealed in the building referenced to accessible features of the building. § 311 2 The Contractor shall maintain and shall require its subcontractors to maintain at the site(s) an accurate record be required to record all changes or deviations in the work from the Contract Documents.. The cost of recording and transfetYing the changes or deviations to the transparencies shall be included in the Contract Sum for the respective Work The as -built transparencies shall be delivered by the Contractor to the Architect prior to the final acceptance of the Project and issuance of final paw § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepare for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to ills to some prtion of the Work. 's. § 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 Doc me ts. Their purpose is h to demonstrate how the Contractor proposes to conform to the information given and the desi n oncept expressed in ¢ the Contract Documents for those portions of the Work for which the Contract Documents re uir submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon w ich 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. AIA Document A201 - 2017. Copyright C 1911, '915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 20 exp_res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A=A Contract Documents Terms of Service. To reps _ copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 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 Documentsr,quire submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. J I 1 1 § 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. 7 § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of� architecture or engineering unless such services are specifically required by the Contract Documents for a portion o the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibiliti rs 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 sen,iees of eertifieations by a design professional related to systems ma:: Ivs�e�b, all peffefinafiee and design er-iter-ia that stieh sef-viees niHst satisfy. The Cantraetef shall be entified to rely upen -�.. -_.. r j operating conditions at the Project site The Architect shall be entitled to rely on the accuracy and completeness of such certifications. § 3.12.10.2 If -When the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. AIA Document A201 - 2017. Copyright Z. 1911, -915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 21 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Document. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially ompleted construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering louc construe ion ror by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Cent...,ete Consent Contractor which consent shall not be unreasonably withheld. The Contraetor- shall not unreasonablywithhold, from the Owner- or- a Separate Contractor-, its eansent to eutting , ether-7wi e altering the Work. Contractor's consent is not required. § 314 3 Only tradespersons skilled and experienced in cutting and patchings_ natt pertorm sucn worx j § 3.15 Cleaning Up j § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulatior'of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. The Contractor shall remove and clean up hazardous materials as required by the Contract Documents and in compliance with all applicable laws rules regulations and codes. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner shall be entitled to reimbursement from the Contractor. 3.15.3 All exterior and interior Work shall be cleaned by the Contractor using specific materials as recommended for surfaces to be cleaned Damage to any surfaces due to improper cleaning methods of materials shal l be repaired to the satisfaction of the Architect and Owner, by the Contractor, at no cost to the Owner. The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress at all times and wherever located. f' a § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or cl iim for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on acpoupt thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Mehiteet-.-Architect except to the extent of Contractor's fault. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall ' demni f., and hold harmless the Owner-, losses,Ar-ehiteet, Ar-ehiteet's eensultants, and agents and empleyees of an), of them 4em and against elaims, damages, AIA Document A201 - 2017. Copyright 1911, -915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1910, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 22 exp_res on 06/19/2024, is not for resale, is licensed for one-tcme use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To repor- copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) waives any right of contribution against and shall defend indemnify and hold harmless Owner, any Owner's Representative the Architect and each of their respective officers directors officials board members agents consultants and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from or in connection with the performance of the Work, provided that suek elaim, damage, loss, eF expense is attfibutable to bodily injury, siekness, disease or death, or to injer-y to or destmetion whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any or person described in this Sew, 3. 1 8.Contract The obligations of the Contractor under this Section 3.18.1 shall be construed to include, shall naive the Owner, the Architect and their respective board members, officers, officials, directors, agents and furnish Owner with copies of such policies prior to beginning any Work. all in defense of the claim or in bringing an action to enforce the provision of this Indemnity or any other indemnity $ 318 5 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 The Contractor hereby knowingly and intentionally waives the right to assertunder the case of Kotecki v Comps Welding Corp 146 111 2d 155 (1991) that Contractor's liability may be limited to the amount of its statutory liability under the Workers' Compensation Act, and agrees that Contractor's liability to indemnify and defend the Owner and Architect is not limited by the so called "Kotecki Cap". AIA Document A201 - 2017. Copyright 1911, _915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2011. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 23 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To repx­ copyright violations, e-mail docinfo@a—contracts.com. User Notes: (1213753921) The Contractor shall include this provision in each of its Subcontract agreements and shall require its Subcontractors to be so bound. § 318 6 The Contractor shall include in each and every Subcontract with any and all subcontractors and/or material suppliers performing Work and require each and every Subcontractor and/or material supplier performing Work to or Final Completion Labor or trade union disputes that affect production or delivery of materials or equipment, or the substitution(s) necessary to complete the Work. isinns shall denrive the Owner or the Architect of anv action, rii ARTICLE 4 ARCHITECT § 4.1 General `` «per § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 ar0"idenjified` W=h-in,, the Agreement. y § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in they Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Cofltr-aetof�, ano Architect. Consent shall not be unreasonably withheld. -m a § 41 3 The Architect's and its consultants' services will terminate sixty (60) days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in the Contract Documents, whichever is earlier. Any services required of the Architect and its consultants after this date will be back -charged to the Contractor by the Owner. AIA Document A201 - 2017. Copyright 1911, '915, 1918, 1925, 1931, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.9109293276 which ZQ exp-res on 06/19/2024, is not for resale, is licensed for one-tme use only, and may only be used in accordance with the A -A Contract Documents- Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 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 e0flStRieti0fl, or as etherwise agreed with the to become generally familiar with the progress and quality of the i„,meeting that the MleFk when t4 -Work to endeavor to determine that the Work, when completed, will be in -1 accordance with the Contract Doeements. Documents and to endeavor to guard the Owner against defects..and deficiencies in the Work. 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. i j .....j § 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 Work completed, and promptly report to the Owner (1) known deviations frog 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 _ _—,-1 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. However. this Sectio all not be deemed to prohibit direct communication between the Owner and the Architect. § 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. The Contractor nditioned upon and subject to the receipt of such waivers. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Any Work rejected by the Architect shall be reported promptly to the Owner in writing_ Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance 1 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 AIA Document A201 - 2017. Copyright � 1911, '915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4109243278 which 25 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A=A Contract Documents' Terms of Service. To repor_ copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) 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. The Contractor shall make submittals to the Architect in a manner to allow for the Architect's reasonable prompt review and to allow for timely ordering of components of the Work to affect no delay in the Work. i § 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. i § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Co. plltion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receivi6. 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 1c1,V11llitk;ii 1UL1V11 j § 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 initially 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. If the Contractor submits such written request to the Architect the Contractor will simultaneously provide a copy of such request to the Owner. The Architect will consult with the Owner regarding any request by the Contractor before responding to the Contractor. § 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 guclyinterpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and C01, ttra ' or, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered i go d faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consiE ten with the i tent 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 Drawit� s and Specifications in response to the requests for information. The Architect will provide the Owner with a cop,�Jof any response 1 provided Dursuant to this Section. I y 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 __i 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. ALA Document A201 - 2017. Copyright ^ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2011. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 2 6 expires on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents - Terms of Service. To repo— copyright violations, a -mail. docinfo@aiacontracts.com. User Notes: (1213753921) § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless ethe.....,_ stated in the Cent___'_ Documents, the r_ tFaeto - As soon as practicable after award of the Contract, the Contractor , 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. the Requirements and where applicable the name of the installing Subcontractor. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made easen ble and timely an objection. The Contractor shall not be required to contract with anyone to whom tine- I Contractor has made reasonable objection. All subcontracts between the Contractor and subcontr�ctors� e, made third -party beneficiary of this Subcontract.' § 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 objeetion. if�he proposed but .F Gontraet Time shall be allowed for- stieh ehange tinless the CE)HtFaetOF has aeted prevaptly and fespensi submitting names as ..o,,.,:..oa obiection No additional costs shall be allowed for a change required due to'an objection by the Owner, Contractor, or Architect ~ § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected i`the _ benefit of the Owner and not the Contractor, subcontractor, manufacturer or supplier. § 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 wilt not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwi=daihe.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. AIA Document A201 - 2017. Copyright c 1911, -915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 2% expires on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) 6 5 31 The Contractor shall be responsible for its Subcontractors and shall carry insurance which covers the Contractor for liabili1y arising from its Subcontractors and shall ensure that its Subcontractors are carrying insurance to protect the Subcontractors as well as the Owner Architect and Architect's consultants. § 5 3 2 The Owner and Architect assume no responsibility for overlapping, gaps or omission of parts of the Work by various Contractor in awarding subcontracts. 1 § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause. pursuant to Section 14.2 and 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 bL�relating to the Contract. - a---� When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the 'Co etractor's rights and obligations under the subcontract. § 5.4.2 Upon sueh eempensat' shall be equitablyladjusted for-iner-eases in eest resulting ffam the Intentionally Deleted. § 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 u or 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 %' f subr�without alteringthe Owner's Agreement with the Contractor. ' § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or ope ations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. i § 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 constriction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, a� d the Owner until subsequently revised. � a § 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. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 28 exp-res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) 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 Contractgr`th t are not apparent. i § 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.T" " of-s"�" § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes A-Isjmpleted or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 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 1 § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and withouut 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 i 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. T : e ✓ Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Ord r, Construction Change Directive, or order for a minor change in the Work. 7.1.4 For any changes in the Work requested by the Contractor involving more than a three 3 calendar da proposed change justifyingthe he requested extension of time The Owner may at its option refuse the extension of time and have the Contractor perform the Work within the original schedule provided all reasonable costs for completing the Work including overtime and acceleration costs are included in the Change Order. 7.1.5 If a proposal for extra work is requested b the Owner from the Contractor which inv(ydadditional time at the Owner's option, the Owner may extend the completion date for that portion of the Work 16lided in the chap e without extending the Contract Time for the remainder of the Work. § 71 6 Changes which involve credits to the Contract Sum shall include overhead profit general conditions, and bond _ and insurance costs. 7.1.7 For anv adiustments to the Contract Sum based on other than the unit price method, overhead, profit, and General Conditions combined shall be calculated at the following12ercentages of the cost attributable to the change in the Work: 1 For the Contractor for Work performed by the Contractor's own forces, ten percent of the Cost of the Work for the change. 2 For the Contractor, for Work performed by the Contractor's Subcontractors five percent of the amount due the Subcontractor. AIA Document A201 - 2017. Copyright ^ 1911, =915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. Ali rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.9109293278 which 2 9 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) 3 For each Subcontractor or Sub -subcontractor involved, for Work performed by that Subcontractor's or Sub -subcontractor's own forces ten percent of the Cost of Work for the change. 4 For each Subcontractor, for Work performed by the Subcontractor's Sub -subcontractors, five percent of the amount due the Sub -subcontractor. 5 Costs to which overhead profit and general conditions is to be applied shall be determined in accordance with the Contract Documents: profit shall be figured on the basis of the net increase, if any; .1 A complete itemization of costs including labor, material. to include labor, material. I 3 L b t h 11 be indicated hourl wa e and frine benefits Labor hours shall be provided for a or cos s s a y g g each phase of the work. 4 Material costs shall include unit costs and units required where applicable. j i 7.1.9 The Contractor understands that Change Orders to the Contract which increase or dec ea the Cos of e Work by $10 000 or more or the time of completion by 30 days or more will require written documentation by l the Owner that the changes. I were not reasonably foreseeable at the time the Contract was signed; 2 were not within the contemplation of the Contract as signed; and �. 3 are in the best interest of the Owner and authorized by law. § 71 10 The Contractor shall provide written notice to the Architect and the Owner if overtime labor rates are included in the computation of the cost of a proposed Change Order or Construction Change Directive. § 71 11 In the event that the Contractor and the Owner do not reach agreement on a Change Order or a Construction Change Directive the Owner may, in its discretion delete the labor, materials and equipment that are the subject of the Change Order or the Construction Change Directive from the Work to be performed under the Contract Documents. contractor or subcontractor. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. and § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and Sig d by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Co tract Sum or Contract ] Time, or both. The Owner may by Construction Change Directive, without invalidating the C ntrict, 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; AIA Document A201 - 2017. Copyright 1911, _915, 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 draft was produced at 12:13:31 CT on OS/10/2024 under Order No.4104243278 which 30 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To reper- copyright violations, e-mail docinfo@aracontracts.com. User Notes: (1213753921) .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 prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the_. _ ___ __. _ .- _....1 Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs Actual 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; 1 Costs Actual costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental Actual rental costs of machinery and equipment, exclusive of hand too , het her re ted from the Contractor or others; .4 C—ests Actual costs of premiums for all bonds and insurance, permit fees, and sa es, se, or si ilar taxes, directly related to the change; and 7 .5 Costs -Actual costs of supervision and field office personnel directly attributable to the change. Cost of supervision unless directly attributable to change will not be allowable as an itemized cost for any additions (or credited for deletions) unless a change in the Contract Time is made. hours. § 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. " 1 § 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 y `� ✓ Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agr�ement the ew th, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agree en -'all b effeetive immediately and shall be feee fdea as a Change Or Ie Upon resolution of exact scope, Contract Sum change and Contract Time change a Change Order shall be prepared incorporating the Consi' c' c ionange Directive. § 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 computed in accordance with Section 7.3.4 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 i allowance for overhead and profit shall be figured on the basis of net ;r;er-easa-, inerease or decrease, if any, with respect to that change. Also if the amount of either the credit or the addition is in dis ute the am' ount of the other, non -disputed item may not be included in Applications for Payment. Overhead and profit will be i eluded -in -credits -to- -- } the same extent they are included in additive Change Orders. § 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. AIA Document A201 - 2017. Copyright C 1911, =915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2011. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 31 exp-res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A=A Contract Documents' Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 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. for the Contractor's overhead and profit as described in Section 7.1.7. 9 § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the ontract uocuments.an&_.._.___J do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change inithe Work will affect the Contract Sum or Contract Time, the Contractor shall promptly notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect's order for a minor change without 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 a § 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 9.81 § 8.1.4 The term "day" as used in the Contract Documents shall mean ealendar day un'^^` othep_ ise speoir defined.working day, excluding weekends and legal holidays. �A § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing_thogreement, 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, com e ce Work prior to the effective date of insurance required to be furnished by the Contractor and wrier. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve - a st antial Com letion § p p Y q within the Contract Time. The Contractor shall bear all additional costs incurred to meet the Contract Time, which may require working overtime without additional compensation. § 8 2 4 The Contractor shall reimburse the Owner for all fees or expenses including without limitation the Architect enizineers and le al expenses, for additional services necessitated by Contractor's failure to obt 'n Substantial Completion within the time established in the agreement, for more than two 2 inspections for Su stantial Completion, or for more than one (1) final inspection. § 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 �qen-act or neglect — of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes.ord.c=d.ill the. Wark; (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 inedia+� anasap: dispute re.� e'. t:e :; L_or (5) by other causes that the Contractor asserts, and the Owner Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 .The Contractor shall not be entitled to recover from the Owner, and hereby waives all rights that it or its Subcontractors or any other person may otherwise have to recovery, any costs expenses and damages of any nature that it or its Subcontractors or AIA Document A201 - 2017. Copyright 0. 1911, '915, 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 draft was produced at 12:13:31 CT on OS/10/2024 under Order No.4104243278 which 32 exp_res on 06/19/2024, is not for resale, is licensed for one-t--me use only, and may only be used in accordance with the A=A Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) any other person may suffer by reason of delay in the performance of the Work or any portion thereof, the extension of Contract Time granted herein being the Contractor's sole and exclusive remedy. § 8.3.3 This Section Q ' The Contractor shall not be entitled to any increase in the Contract Sum as a result of any delays in the progress of the Work The Contractor's sole remedy for delay shall be an extension of time. This Section 8=3 does not preclude recovery of damages for delay by ei T- he Owner under other provisions of the Contract Documents. limitation adverse weather conditions (which shall include typical rain events that ca through historical data) which prevents such early or timely completion of the Work. duty to mitigate. § 8 3 6 The stated dates for Substantial Completion and Final Completion of the Work are material induceip ntsttp tltc__...._ma_.,_1 Owner in entering into the Contract Documents and all time limits stated in the Contract Documents are of the essence ; of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum lr § 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. § 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 Architect a detailed schedule of values allocating the Contract Sum to various portions of the Wdrk.. 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., r" § 9.3 Applications for Payment § 9.3.1 At least tern days -twenty (20) days before the Owner's submission date for its Board'sJ(review and approval of such payment at the next Owner's Board meeting or, if the Owner's Board approves otherwise, 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. The form of Application for Payment shall be a notarized AIA Document G702, Application and Certification for Payment, supported by AIA Document G703, Continuation Sheet. § 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. AIA Document A201 - 2017. Copyright S 1911, =915, 1918, 1925, 1931, 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 draft was produced at 12:13:31 CT on OS/10/2024 under Order No.4104243278 which 33 exp-res on 06/19/2024, is not for resale, is licensed for one-tme use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To repDr- copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 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. However, this Section will not apply to routine retainage the Contractor intends to withhold from the Subcontractor pursuant to the Subcontract. § 9.3.1.3 No interest will be paid upon retention. lien in the amounts of the previous month's payment § 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 off the site. The Contractor shall submit requisitions from suppliers and Subcontractors to substantiate the amounts requested on the Application for Payment for materials or equipment stored on or off site The Owner shall have no responsibility or liability to the Contractor for the safekeeping of materials and equipment stored at the site or off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment . ill 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. each item that is deemed substantially complete on the subsequent payapplication. § 9 3 5 Before each certificate for payment is issued the Contractor shall furnish to the Architect a complete statement Document G702 and G702A "Application and Certificate for Payment." Payment and the Subcontractors and suppliers shall submit partial waivers of lien for the amount paid to them from the prior month's pay application. § 9 3 7 Upon giving ten (10) days' notice in writing to the Contractor, the full contract retainage maybe reinstated, and the retention restored to the basis established in Section 9 3 4 if the manner of completion of the Work and its pro rg ess do not remain satisfactory to the Owner, or if any surety of Contractor withholds its consent. § 9 3 8 All material necessary for the construction of this Project delivered upon the premises, shall not be removed from the premises without written consent of the Architect. AIA Document A201 - 2017. Copyright ^ 1911, _915, 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. Phis draft was produced at 12:13:31 CT on 05/10/2024 under Order N0.4104243278 which 34 exp_res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A -A Contract Documents" -- Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 9 3 8 The Contractor's request for final payment shall include: (1) the Contractor's Final Lien Waiver in the full amount of the contract; and (2) final lien waivers in the full amount of their contracts from all subcontractors and suppliers for which final lien waivers have not previously been submitted. § 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 asprovided. 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 j Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for confonnance 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"611 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 resplOnsible, including loss resulting from acts and omissions described in Section 3.3.2, because of �y .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 -tabor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of tie Contract Sum; .5 damage to the Owner or a Separate Contractor; % 1 .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. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by AIA Document A201 - 2017. Copyright 0 1911, _915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2011. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 35 exp_res on 06/19/2024, is not for resale, is licensed for one-t'-me use only, and may only beused in accordance with the A -A Contract Documents` Terms of Service. To rep­r_ copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9 5 5 The Owner shall not be required to make payment unless in its own independent judgment it accepts the Architect's Certificate. A_ y i I § 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. i § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractor in 4 similar manner. In due the Contractor to the Contractor and its subcontractors. § 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 a~�'nrrd ovnef on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Gontmetor's payments to suppliers shall be treated in a manner similar to that previaeEl in Neetions 9.(3.z�; 9.6 Intentionally Deleted. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. j § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 4 m nt obligations under the Contract Documents the Contracto7shall, § 9.6.8 Provtded the Owner has fulfilled its pay e gdefend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fe, 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 Arehiteet does not issue a Get4ifiea4e fer Payment, thr-ough no fatth of the Gefttfaeter-, within seven days afte r-eeeipt of the Cefitfaetef's Appheation for- Payment, or- if the Ownef: does not pay the Gentfaeter- within seven days after- the date established in the Gentfaet Doetiments, the affietint eet4ified by the Mehiteet or- awar-ded by binding dispute resolution, then the GoniraetE)F may, upon seven additional days' notice to the OwneF and Arehiteet, stop the- WME until payment of th has been reeeived. The Gentr-aet Time shall be extended appr-epr-iately an AIA Document A201 - 2017. Copyright 1911, _915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243218 which 3 6 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) the Gentraet Sum shall be ifiereased by the afneunt of the Centr-aeter-'s reasonable eosts ef shutdown, delay an staft up, phis interest as provided for- in the Contraet DoeuFflents. Intentionally Deleted. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work will not be considered suitable for Substantial Completion review until all Project systems included in the Work are operational as designed and scheduled all designated or required governmental inspections and certifications have been made and posted (other than for the failure of Contractor), designated instruction-ofthe - the period of warranty as required by the Contract Documents. § 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 liwd' items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. With respect to Work enumerated on the list accompanying the Certificate of Substantial Completion, the guarantee or warranty period shall start at the time of subsequent acceptance of this Work in writing by Owner. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Wi rk 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, y before issuance of the Certificate of Substantial Completion, complete or correct such item upon notificati n by the Architect. In such case, the Contractor shall then submit a request for another inspection by thg Architect toetermine Substantial Completion. I § 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 within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractof t'or 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 �A^v 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 AIA Document A201 - 2017. Copyright v. 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 draft was produced at 12:13:31 CT on 05/10/2024 under order No.4104243278 which 37 expires on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A -A Contract Documents - Terms of Service. To repor_ copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record thq condition of the Work. ! 1 § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment 1 i § 9.10.1 All Work identified on Contractor's Punch List and thereafter identified in Architect's inspection shall be completed within thirty 30) days of issuance of the Certificate of Substantial Completion. Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the WJrk acceptibte under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate ror Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of t e Architect's on -site visits and inspections, the Work has been completed in accordance with the gntract D curients and that the entire balance found to be due the Contractor and noted in the final Certificate is due' and payable. 'w'w`w� Afehiteet's final Geftificate for Payment will eonstitute a fuFther representation !hat eanditions listed in Section 9. as .7 t to the Cant« eter-'s beingentitled to final payment have been Mf:lled. f § 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 r' 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 r�fiind 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-, aftef Subsiantial Completion of the Wofk, final eompletion t4efeof is materially delayed thFottgh no faul 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. AIA Document A201 - 2017. Copyright 1911, -915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2011. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 38 exp_res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A=A Contract Documents - Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 9.11 LIQUIDATED DAMAGES --I -I n— --.-I g 9.11A t ne contractor is solely responsinle ror sunsianuany compieung me worK oy ure s4neuulcu Completion Date for each Phase of the Work. This responsibilityresponsibili1y includes all work of the Cintre 3uwiadual ctor and that of its Subcontractors and suppligrs. The Contractor acknowledges that the Owner will suffer signiticai t financial loss and there will be disruption to the Owner if the Pro'ect is not complete on or before the Substanti 1 C 3mpletion Date€or•- the Work set forth in the Contract Documents. The Contractor further acknowledges that the rtrea re_oLsuchdossand the disruption to the Owner would not be susceptible to precise calculation To protect the Owner mil__ 4gainst said loss and {/�.� _A I-- disruption to the Owner and not as a penaiy, the Owner anu me k,umraewuc u, r ereuy aglcat Me Lll� Contractor's Surety, if any, shall be liable for and shall pay to the Owner Liquidated Damages.as per the Liquidated LIOUIDATED DAMAGES SLIDING SCALE Original Awarded Bid Cost Liquidated Damages per Calendar Dayl $0 - $499 999.99 $500 $500 000.00 - $999,999.99 $600 $1 000,000.00 - $3,999,999.99 $700 $4 000 000.00 - $7,999,999.99 $800 $8 000 000.00 - $11,999,999.99 $900 $12 000 000.00 - $19,999,999.99 $1,000 r �� $20 000 000.00 - Above $1,500 S 9.11.2 Payments of Liquidated Damages are in addition to other direct damages that may be incurred by ihc O vner The Uwner's approval or making of progress payments or rural payment wim or wimout Knowledge roar Lne w um was untimely, shall not constitute or be deemed a waiver of the Owner's rights or claims or of the Owner's ability to receive Liquidated Damages under the Contract or common law. Substantial Completion Date for each Phase of the Work. 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 prec utions and programs in connection with the performance of the Contract. Neither the Owner nor the Architect shall be responsible for any safety precautions or programs in connection with the Work. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reas na e 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- subcontraetor;-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 AIA Document A201 - 2017. Copyright 1911, '915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1981, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 3 9 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To rep-r copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) 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. 3 § 10.2.5 The Contractor shall -shall. at its sole cost and expense, 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 apd for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Clai 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. § 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 w 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 24-twenty-one (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 foreseeab e 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, l pon recog izi>i g the condition, immediately stop Work in the affected area and notify the Owner and Architect of thelcondition. § 10.3.1.1 The Contractor shall not cause or permit any "Hazardous Materials" (as defined herel e brought upon, kept or used in or about the Projects site(s) except to the extent such Hazardous Materials: (1) are necessaa for the by the Contractor at its sole cost and expense and shall be performed in accordance with all applicable laws. The Contractor shall immediately notes the Owner of any release or discharge of any Hazardous Materials on the Project site( The Contractor shall provide the Owner with copies of all warning labels on products that the Contractor or any of its subcontractors will be using in connection with the Work and the Contractor shall be responsible for making any and all disclosures required under applicable "Community Right to Know" or similar laws. The Contractor shall not clean or service any tools equipment vehicles materials or other items in such a manner as to cause a violation of any laws or regulations relating to Hazardous Materials. All residue and waste materials resulting from any such cleaning or servicing shall be collected and removed from the Project site(s) in accordance with all applicable laws and regulations The Contractor shall immediately notify the Owner of any citations orders, or warnings issued to or 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 American Institute of Architects. This draft was produced at 12:13:31-CT on 05/10/2024 under Order No.4104243278 which 40 exp-res on 06/19/2024, is not for resale, is licensed for one-tcme use only, and may only be used in accordance with the A:A Contract Documents` Terms of Service. To repor= copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) received by the Contractor, or of which the Contractor otherwise becomes aware, that relate to any Hazardous Materials on the Project site(s)Without limiting any other indemnification provisions pursuant to law or specified in this Agreement the Contractor shall indemnify, defend (at the Contractor's sole cost, and with legal counsel approved by the Owner) and hold the Owner and Architect harmless from any and all claims demands, losses, damages, disbursements liabilities obligations fines penalties costs, and expenses for removing and remedying the effect of § 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 Conracq 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 td. perform the task of removal or safe containment of the material or substance. The Contractor and the Architect1will 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 anal- start-up. § 10.3.3 _ y �sase�eseerr § 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 e ate als or stibstanees are required by the Gentf:aet Doetiffients. site. 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 ° 1 to the Owner's fault or negligence. 3 the east of remediation of a hazardous material ar substanee sole!), by feason of perfefmiag 1AVork- as r-equired by --- j Gentraet Doetiments. the Owner- shall reimbur-se the Contraeter for- all eest and expense thereb.N�jaewat_e_d. § 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. AIA Document A201 - 2017. Copyright s 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 41 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) 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 and each of their officers, agents and employetls shall be named as additional insureds under the Contractor's eommercial oral liability pohe • or as othe..,,i4e 4seribed.liability policies on a primary and non-contributory basis as required in the Contract Documents. -� 11 in § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bolds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a j copy to be furnished. 11.1.4 Notin-ee of Gang-e-HatiOn OF ExpeFatien Of CGntFaGtGF s RequiFed InsuFanGe. Within three (3) business days Qf_4M­ J § 11 1 4 Liability of Contractor and Subcontractor is not limited by purchase of insurance. Nothing contained in the $ 11.1 5 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the 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. AIA Document A201 - 2017. Copyright C 1911, _915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 42 exp_res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A -A Contract Documents Terms of Service. To repo— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 11.3 Waivers of Subrogation - Intentional) Deleted. or /34 whether or t the person oF entity had an insurable interest in the damaged propetl.-.Rsuranee is to be provided on the 'eel thfough a peli-ey _er -.01tieties, -ethet: than those insur-ing the - aeeefdanee with the terms of Seetion 11.3.1 for- damages eaused by fire or ()ther causes of less e6veyed by­this--�� § 11.4 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 Owner's 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 A rehiteet a .d a Gontractelf shall make payments t their , ultants and cr,bee�Contractor shall pay the Subcontractors, AIA Document A201 - 2017. Copyright 1911, -915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 19­l6, 1987, 1997, 2007 and 201,. 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. .his draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 43 exp-res on 06/19/2024, is not for resale, is licensed for one-r-me use only, and may only be used in accordance with the A=A Contract Documents' Terms of Service. To repot copyright violations, e-mail do;info@aiacontracts.com. User Notes: (1213753;21) and by appropriate agreements written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.5.2 , the Ownef shall notify the Contr-aeteF of the terms of the propose set4lement as well as the proposed alleeatien of the insur-anee pr-eeeeds. The Gentmeter- shall have 14 days fiem r-eeeip _Pment is mia-d-e Or -the Owner- does not terminate the Contfaet for- enee, the Owner- and Cefltr-aetof shall P-Z-w-ute a Change Order- fer- r-eeenstmetion of �he damaged or- destfoyed Work in the amatint,aIle ad foor th:,t pufpose. if the Centraetof fiffiely objeets to either- the terms of the proposed settlement or the a! l6eation of the pr-eeeeds, the Owner- may pfeeeed to set4le the insufed less, and any dispute between the Ownef at4:d Con out of the settlement or alleeation of the pfoeeeds shall be resolyed pursuant to Ai4iele 15. Pefidi#g r-esolution of an), Wer1FThe Owner as fiduciary shall have the power to adjust and settle a loss with insurers. 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. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine� prior to its being covered, the Architect may 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 complete , - Costs of correcting such rejected Work, including additional testing and inspections, the cost 'f upcoverin& and replacement, and compensation for the Architect's services and expenses made necessary theeb, shall be t the y Contractor's expense. II/ § 12.2.2 After Substantial Final Completion t § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial ntial Final 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 -shall, at Contractor's sole cost and expense, 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 Clontractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice fiom-the-Ownenor - Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one year- period fef eeffeetieft of Work shall be extended with r-espeet to poAiens of Work fir-s per-fefmed aftef Substantial Completion by the peFied of tinie between Substantial Completion and the aetual eampletion of that portion of the Work. Intentionally Deleted. § 12.2.2.3 The one year- period for- eefreetien of WedE shall not be extended by eefreetive Wofk peffefffied by the Coot...., to f pti f.. an4 to this Seel on 12.2.1n the case of any Work performed in correcting defects pursuant to guarantees or warranties provided or referred to by this Article 12 the warranty or guarantee period shall begin anew from the date of the completion or correction of such Work. AIA Document A201 - 2017. Copyright 1911, -915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243279 which 44 exp'res on 06/19/2024, is not for resale, is licensed for one-t me use only, and may only be used in accordance with the A -A Contract Documents- Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts. com. User Notes: (1213753921) § 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 Doeuments. Documents and pay all attbmey's fees and expenses related thereto immediately upon demand. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation withrespect 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. I � � —1 § 12.3 Acceptance of Nonconforming Work ' 1 If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Docunr tnt , the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be redu .�d.3s appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. w ARTICLE 13 MISCELLANEOUS PROVISIONS i -- § 13.1 Governing Law The Contract shall be governed by the law of the eheiee of law rdles. if the pai4ies have seleeted ar-bitratien as the methed of binding dispute feso tit the- Tled' Oals n bitr-atie n t shall o e tion t S n zzi'mrranvrrx rc� ❑xxuu�oy � ... '~s. State of Illinois. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assig�and," 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 neverthel s§'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 Docurr ents . 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. _,.._..... A § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a (aiv(rof a right or dutyafforded them under the Contract, nor shall such action or failure to act constitute approval quiescence in a breach thereunder, except as may be specifically agreed upon in writing. are not specifically accepted in writing materials specified as "standard" shall be used in construction of this project. § 13 4 4 Any material specified by reference to the number, symbol or title of specific standards such as commercial standards federal specifications trade association standards or similar standards shall comply with requirements in the latest revision thereof and any amendment of supplement thereto in effect on the date of the Instruments of Service, except as limited to class or grade or modified in such reference by a given date The standards related to, except as modified in the Specifications shall have full force and effect as though printed in the Specifications. AIA Document A201 - 2017. Copyright C 1911, -915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 19�6, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 45 exp-res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A -A Contract Documents- Terms of Service, To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 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. 1 § 13.4.2 If 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, exeept as provided in Sena„„ 13.4.3, shall be at the Contractor's expense. � � 1 § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 repealfailure 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. Notwithstanding any other term or provision in this Article 13 to the contrary, in the event that an t� or r inspection of the Work or any part thereof reveals defects in materials or workmanship ,then ., i-, 1. 11 _ J__ - __1_ J_r__._ ___J _1__11 L___ -11 ...,- _ ._._.]—:41, _-1, 4 +;a :,.1,: n1i :c ..,• related to determining whether such defects have been properly remedied. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required bythe 'Contra, 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 pr mpyly oo aV d unreasonable delay in the Work. § 13.5 Interest deleted. including without limitation Workmen's Compensation Laws minimum salary and wage statutes and regulations, laws with respect to permits and licenses and fees in connection therewith laws regarding maximum working hours, and without limitation such other laws and regulations as are specifically described below. Additionally, the Contractor and subcontractor warrant that they shall comply with any amendments to such federal state and local laws statutes ordinances rules and regulations that are enacted thereafter during the performance of the Work and under this Agreement To the extent that there are any violations of any of the applicable laws, rules, regulations and/or court orders/decrees mentioned herein the Contractor and Subcontractor shall be responsible for indemnifying and holding both the Owner and Architect free and harmless from all costs fees and expenses incurred, directly or indirectly and including_ without limitation attorneys' fees by the Owner or the Architect in responding to and AIA Document A201 - 2017. Copyright z 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 46 exp_res on 06/19/2024, is not for resale, is licensed for one-t=me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) complying with demands made by any of the governmental departments/agencies and/or the courts, or an aggrieved employee or person and such amounts may be withheld from the payments to be made on the project. It is the intention that the Owner and Architect shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to any compliance with the applicable laws rules and regulations referenced herein. No plea of misunderstanding or ignorance thereof will be considered. statutes ordinances, rules, regulations, orders, and decrees. limitation: against retaliation as provided by Section 6-101 of said Act and that it has a written sexual harassment policy in place in full compliance with Section 105(A)(4) of the Human Rights Act 775 ILCS 5/2-105(A)(4). The Contractor agrees to fully comply with the requirements of the Illinois Human Rights Act 775 ILCS 5/1-101 et seq., including but.not limited to the provision of sexual harassment policies and procedures pursuant to Section 2-105 of theAct. The Contractor further agrees to comely with all federal Equal Employment Opportunity Laws including but not limited to the Americans with Disabilities Act 42 U.S.C. Section 12101 et seq. and rules and regulations promulgated thereunder. The provisions of Section 14.2 are included in this Amendment pursuant to the requirements of the regulations of the Illinois Department of Human Rights Title 44 Part 750 of the Illinois Administrative Code and Contractor shall be required to comply with these provisions one if and to the extent they are applicable under the -law. follows: § 13.7.2.2.1 That it will not discriminate against any employee or applicant for employment because of race color, religion creed sex marital status national origin or ancestry, age citizenship physical or mental handicap q disability, military, status unfavorable discharge from military service or arrest record status: and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take -appropriate affirmative action to rectify any such underutilization. 13.7.2.2.2 That in all solicitations or advertisements for employees placed by it or on its be all t will state that all applicants will be afforded equal opportunity without discrimination because of race color, rifigion, sex marital status national origin orancestU, age, h sical or mental handicap unrelated to ability, or a un vorable dischar e from military service. § 13 7 2 2 3 That it will submit reports as required by the Department's Rules furnish all relevant information as may fi•om time to time be requested by the Department or the contractingagency, gency and in all respect comply with the Illinois Human Rights Act and the Department's Rules. § 13.7.2.2 4 That it will permit access to all relevant books records accounts and work sites by personnel of the contractingagency gency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. AIA Document A201 - 2017. Copyright C 1911, _915, 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" 4,7 are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which exp-res on 06/19/2024, is not for resale, is licensed for one-t-me use only, and may only be used in accordance with the A -A Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) $ 13 7 2 2 5 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the Contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this Contract the Contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition the Contractor will not utilize any subcontractor declared by the Illinois Human Rig'hts:�ommission to be ineligible for Contractors or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporation. & 13.7.3 Illinois Department of Labor Requirements and Prevailing Wage Act.----._.......v._.._ All record keeping requirements are the obligation of the Contractor and Subcontractors. olt� 1 the Subcontractor performing work on the project the Contractor or the particular Subcontractor and Contractor shall be responsible for indemnifying and holding the Owner Contractor and Architect free and harmless from all costs incurred_ directly or indirectly by the Owner. Contractor or Architect in responding to and complying with demands additional expenses in complying with any inquiry made with regard to this Act. Ham_ $ 13.7.3.3 It shall be mandatory upon the Contractor and upon any Subcontractors thereof to pay all laborers, workman and mechanics employed by them not less than the prevailing wages in the locality for each craft or type of provided. 1) make name address telephone number when available social security number, classification or clAssi ications t e hourly wages paid in each pay period the number of hours worked each day, and the starting and en ing times of work each day and (2) submit monthly, in person by mail or electronically a certified payroll to the Owner in charge of the project The certified payroll shall consist of a complete copy of the records identified in the Prevailing Wage Act. The certified payroll shall be accompanied by a statement signed by the Contractor and/or Subcontractor which avers that: (i) such records are true and accurate• (ii) the hourly rate paid to each worker is not less than the general` prevailing rate of hourly wages required by the Prevailing Wage Act• and (iii) the Contractor and/or Subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. The Contractor is not prohibited from relying on the certification of a lower tier Subcontractor, provided the Contractor does not knowingly rely upon a Subcontractor's false certification. Any Contractor and/or Subcontractor subject to the Prevailing Wage Act who fails to submit a certified payroll or knowingly files a false certified payroll is in violation of the Prevailing Wage Act and guilty of a Class B misdemeanor. The records submitted in accordance with the Prevailing Wage Act herein shall be considered public records except an employee's address telephone number, and social security number, and made available in accordance with the Freedom of Information Act. §13.7.3.5 Upon 2 business days' notice the Contractor and each Subcontractor shall make available for inspection the records identified in the Prevailing Wage Act to the Owner in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents Upon 2 business days' notice the Contractor and each Subcontractor shall make such records available at all reasonable hours at a location within this State. AIA Document A201 - 2017. Copyright C 1911, '915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 48 expzres on 06/19/2029, is not for resale, is licensed for one-t=me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) § 13 7 4 Public Contract Fraud Act The Contractor agrees to comply with and that this Agreement is subject to and governed by the Illinois Public Contract Fraud Act (30 ILCS 545/0.01). § 13 7 5 Public Constnuction Contract Act The Contractor agrees to comply with and that this Agreement is subiect to and governed by the Illinois Construction Contract Act (30 ILCS 557/1). § 13 7 7 Public Works Preference Act The Contractor agrees to comply with and that this agreement is subject to and governed by the Illinois Public Works Preference Act (30 ILCS 560/0.01). § 13.7.8 Employment of Illinois Workers on Public Works Act. Employment of Illinois Workers on Public Works Act (30 ILCS 570/0.01). is 51010.01). governed by the Illinois Veterans Preference Act (330 ILCS 55/0 01) that in the employment and appointment to fill positions in the construction addition to or alteration of all public works undertaken or contracted for by the State, or by any political subdivision thereof, preference shall be given to persons who have been members of the armed forces of the United States or who while citizens of the United States, were members of the armed_forces of allies of the ._. subdivision or person contracting for such public works is required to give preference to veterans not residents of such district over residents thereof, who are not veterans. t/l LiJV11L Vl lULUlI. C, i u u�a,iui uaivaa Vi •♦ua v uiv which an emergency condition has been or is in effect that is recognized by the issuance of a Prdsidetitial proclamation or a Presidential executive order and in which the armed forces expeditionary medal or other c m 'ai n service medals are awarded according to Presidential executive order. 77 c •9 IF • % 4 it n --A r_..,._,. _r.t,.. 7 r.,.:..,.a LI—I.,.n ..,,,,.,,,.. t1,., T T«;so.i C+„+o A.,..,., T.T� , A;r F.,J. TA®ne,.P f.'nrnc.-.0t...,.. shall also be considered service in the Armed Forces of the United States for purposes of this Section. § 13 713 Dnig Free Workplace The Contractor certifies by the execution of this Contract that the Contractor will provide a drug free woftllace in compliance with the Illinois Drug Free Workplace Act (30 ILCS 580/1 et seq.), including provision of providing notifications imposing sanctions providing assistance with counseling and complying with all other requirements of said Act. AIA Document A201 - 2017. Copyright i' 1911, -915, 1918, 1923, 1937, 1951, 1958, 1961, 1963, 1965, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIR Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 4 9 exp_res on 06/19/2024, is not for resale, is licensed for one-t.me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) $ 13 714 Bid Rigging and Rotating The Contractor certifies that the Contractor is in compliance with Illinois law and not barred from bidding on the Contract as a result of a conviction for either bid -rigging or bid rotating under Article 33E of the Criminal Code of 1961(720 ILCS 5/33E). $ 13 715 Concurrent with the execution of this Contract the Contractor shall execute the Certificate of Eligibility. of any tax administrated by the Illinois Department of Revenue unless it is being contested. Contractor understands contract and allows the Owner to recover in a civil action all amounts paid to the Contractor. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor Intentionally Deleted. �.. through§ 14.1.1 The Centfaetef may teFmifiate the Centfact if the WerlE is stopped for- a period of-10 ree"see-1tive days or entities pe -C ming .,oi4iens of the Warr for any of the F lley ing reasons: .3 Beeause the Arehiteet ha"et issued a Geftifieate for- Payment and has not !qAtilip'd tho Contractor of the payment eii a Ger-fifieate for- Payfoent within the time stated in the Contraet Deeiiments § 14.1.4 if the Wei& is stopped for- a pefied of 60 eatiseeutive days thfetigh ne aet or- fault efthe Gotitfa: of the Wefk beeause the Owner- has repeatedly failed to fulfill the Owner's obligations tinder the GentFaet Deeufnents § 14.2 Termination by the Owner for Cause § 14.2.1 The 0,wner-ma), tefmi.,.,te the Ca tr-aet if the Gen.raeto 1 F .. fails to supply a „h p per-l„ skilled . orker-s „ pe r.,,.t,,fials. repeatedly •�rY J ��b Yr�r J r rr�r between the Ceoir-aet„r and the Subeontfaet„rs of suppliefs; .If the Contractor shall institute proceedings or consent to proceedings requesting relief or arrangement under the Federal Bankruptcy Act or AIA Document A201 - 2017. Copyright 0, 1911, =915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 50 exp'res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To rep�r� copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) any similar or applicable federal or state law, or if a petition under any federal or state bankruptcy or insolvency law is filed against the Contractor and such petition is not dismissed within sixty (60) days after the date of said filing, or if the Contractor admits in writing his inability to pay his debts generally as they become due or if he makes a general assignment for the benefit of his creditors or if a receiver, liquidator, trustee or assignee is appointed on account of his bankruptcy or insolvency; or if a receiver of all or any substantial portion of the Contractor's properties is appointed; or if the Contractor abandons the Work; or if he tails except in cases for which extension of I= is provided, to prosecute promptly and diligently the Work or to supply enough properly skilled workmen or tpro er materials for the Work; or if he submits an Application for Payment, sworn statement waiver of lien affidavi or ocument of an nature whatsoever which is intentionally falsified; or if he fails to make prompt pa ment to S Libctyntraetors or for materials or labor or otherwise breaches his obligations under any subcontract with a Subcontr cto -orafa mechanic's or material man's lien or notice of lien is filed against any part of the Work or the site of the f roi ct and not promptly bonded or insured over by the Contractor in a manner satisfactory to the Owner; or if the Cor�tradtor disregards any .1,. «A ,.F .. «t„1 1.. A „0.1: 1 ,41— 4— 1QWJ JLUIUI\.J V14111UrlV NJ 141MJ lY a uaa v,va aaaaavaaaua a,vu va uv..a. ,.. »»... »•...,. »»•.•...• having jurisdiction of the Work or the site of the Project; or if he otherwise violates any provision of the Contract Documents, then the Owner, without prejudice to any rl nt or remedy avallame to the uwneini unaer me uo rra t Documents or at law or in equily, the Owner ma after giving the Contractor and the sure nd r the Per rm6nce Bond and under the Labor and Material Payment Bond described in Section 11.5 seven 7 days I written n 3tic terminate the employment of the Contractor. If requested by the Owner, the Contractor shall �em ve any pa rt or all of his eauinment, machinery and supplies from the site of the Proiect within seven 7 da s after the hate of such re and in the event of the Contractor's failure to do so the Owner shall have the right to remove or store such equipment, machinery and supplies at the Contractor's expense In case of such termination the Contractor shall not be entitled to receive any further pgyment for Work performed by the Contractor through the date of termination. The Owner's right i to terminate the Owner -Contractor Agreement pursuant to this Section 14.2.1 shall be in addition to and not in limitation of any rights or remedies existing hereunder or pursuant hereto or at law or in equity. § 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'lauLs 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 cost incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14. 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 eests of finishing the Work neludin" qo"e"s^r1" n ;3 the Ar-ehiieet's sen,iees and eixpefises made neeessar-y thereby, and other- damages ineuFred by 01.wier-and not ..may e)Epr-essly waived, sueli e�Eeess shall be paid to the GentraetoF. if sueh easts and damages e*ee ,M t06 all costs to the Owner of completing the Work then the Contractor shall be paid for all Work performed by the Contractor to the date 1 of termination. If such costs to the Owner of completing the Work exceed such unpaid balance, e Contractor shall ! pay the difference to the Owner. The ,,..,,trot Owner immediately upon the Owner's demand. The costs to the Owner administrative services required thereby, any costs incurred in retaining another contractor or otheraub.contracts.-any additional interest or fees which the Owner must pay by reason of a delay in the completion of the Work attorneys' fees and expenses and any other damages costs and expenses the Owner may incur by reason of completing the Work or any delay thereof. . The amount, if any, to be paid to the Contractor r Owner- the ease may be shall bee - ifled by the inifial Deeision Maker- upen applieation-1-shall be certified by the Architect, upon application, in the manner provided in Section 9.4, and this obligation for payment shall survive termination of the Contract. § 14 2 5 The Owner may, upon seven (7) days written notice to the Contractor, terminate the Agreement between the Owner and Contractor without cause. Upon written request and submittal of the appropriate documentation as required by the Owner, the Owner shall pay the Contractor for all Work performed by the Contractor to the date of AIA Document A201 - 2017. Copyright C 1911, _915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 51 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) termination that has been approved by the Owner. The Owner may, upon the Contractor executing such a confirmatory assignments as the Owner shall request accept and assume all of the Contractor's obligations under all subcontracts executed in accordance with the terms of the Contract Documents that may accrue after the date of such tennination and that the Contractor has incurred in good faith in connection with the Work. Upon receipt of notice of termination the Contractor shall cease all operations on the date specified by the Owner, terminate subcontracts not assumed by the Owner, make no further orders of materials orequipment, complete Work not to inated if an and provide such reports as may be requested by the Owner and the Architect as to the status of Oe Work and the Work remaining to be completed The Owner's right to terminate the Contract under this Section shill qe in addition to, and not in limitation of its rights to stop the Work without terminating the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall in Jude profit. No adjustment shall be made to the extent terrupt .1 that performance is, was, or would have been, so suspended, delayed, or ind, 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 a purchase orders. _t § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Cgntrac " r poi Vor' properly executed; costs incurred by reason of the termination, including costs attributable to 4ermination of Subcontracts; and the termination fee, if any, set forth in the Agreement. I ARTICLE 15 CLAIMS AND DISPUTES 1 § 15.1 Claims § 15.1.1 Definition - A Claim is a demand or assertion by one of the parties to the Contract seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 'S. I 1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contact ocuments. i § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other an&arising©ut of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with thexequirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after AIA Document A201 - 2017. Copyright ^ 1911, "915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 52 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) 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 proOddd 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 ecision 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 Sectio 1511.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior n tice' 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 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be trgiven within seven (7) calendar days after the event ig ving rise to the Claim for additional time. 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. i § 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. 15.1.6.3 The criteria on which the term "weather delays" shall be based on the normal avera inount,of''' JVv A N riots1' reci itation received in the project areas as recorded over a period of the last five 5 ears NO Climatic Data Center. Any extension of time due to unusually severe weather must be re ues ed 6v the Contractor , rt the basis of documented records of the actual precipitation for a minimum period of three 3 o ths' time com ared with the normal averajZe for the area. Also the criteria shall include the number of excessive pr&ipitation ' a s over the same period and whether or not the Contractor's force worked on said days or any stage f construction'swA affected. § 15.1.6.4 Delay caused by any Subcontractor shall be the responsibility of the Contractor. The Contractor shall substantially complete the Work in the time specified herein. on te. i § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Ownerwaive Claims against each other waives claims against the Owner and Architect for consequential damages arising out of or relating to this Contract. This nruvaal-waiver includes .2 damages :nets fined by 1. 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. AIA Document A201 - 2017. Copyright C. 1911, '915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2011. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 53 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A=A Contract Documents` Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) This mutual waiver is applicable, without limitation, to all consequential damages due to eia;et- pa4y!Contractor's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4„and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Ficeept for- these Claims exeltided by this Beet*^ ' c 2' ""tial deeisi ,,..30 days aftef the Claim has been r-efefred to the initial Peeision Maker, the pai4y ._ shall be t:equired as a candition pr-eeedent to mediation of any Claim. if an initial deeision has not been r-ender-ed within J b th� Claiffl may demand mediation and binding dispute Fesoltitionwithotit a deeision having been Unless tho 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 orle oi more of the following actions: (1) request additional supporting data from the claimant or a response with suppo data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest compromim se, 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 infonnation from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The initial Deeision Maker may request the Owner to atifliar-iz,e fetention E)f s § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additi ial supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) prooid'",...,,,,,` 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 r_ the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in wh le or part.` `� r § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the lain, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be inciting; (2) st to 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 subjeet to niediation and, if the parties fail to resolve their dispute through mediation, to biiidiiAg disput reselutietrsubiect to litigation. § 15.2.6 Either pai4y fflay file for mediation of an initial deetsion at an), ttffle, SUL'�eet tE) Vie teffl,iS 0 ! ,eetiem ' c.2.6.' .Intentionally Deleted. Tcrr,c:, ra.�.�.,1�, ..,�.. ..v.. ....... ....... t..,, .,..� .. .., ............b...,, ... ....,.....___ .,_ Y`•_"_._ ,. _.__"'a —""r _.._ ___ � o the initial deeis�. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, 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. AIA Document A201 - 2017. Copyright ^ 1911, '915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1916, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 54 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1213753921) f AIA Document A201 - 2017. Copyright - 19L , -915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1916, 1987, 1997, 2007 and 201i. All rights reserved ec The American lnstirute of Architts," "American Insticute ofrc Ahitects,""Al " A," Lhe A I A Logo, and "AIA Contracocuaret DmenLs" 5 are trademarks of The American Institute of Architects. This draft a 1 o. roduced at 12:13:3CT on OS/10/2024 under Order N4104243279 »hick exp_re, on 06i11/2024, is not for resale, is licensed for one-t-me us-e only, and may only be used in accordance with The A -A Contract DocumenLe r.ict. To r �. Terms of b.cooyright iolatiens, e-mail do�iofo@aiacontracts. com. User Notes? (1213753921) pafty may ineiude by joinder- per -sons or- enfifies substantially 4welved in a eemmen questien of law or- faet whose- . s required if eeffiplete felief is to be aeeefded in ar-bitr-eAien, pfevided that the paf4y sought to be joined eensents in writing to sueh joinder. Consent to arbitration invelving an additional pefsen or entity shall not consfiPatee consent to arbitration of any elaim, dispute or other- matter- in question not described in t4e written eons ARTICLE 16 LIMIT TO AVOID INCORPORATION OF RESPONSIBILITY BY REFERENCE & 161 Where any specification which is incorporated herein by reference through the words "and/or as directed by the a this Instruments of Service other than in said specifications. ARTICLE 17 INCORPORATION OF CONTRACT TERMS WITH SUBCONTRACTORS AIA Document A201 - 2017. Copyright ..^s 1911, =915, 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 draft was produced at 12:13:31 CT on 05/10/2024 under Order No.4104243278 which 56 exp_res on 06/19/2024, is not for resale, is licensed for one-t_me use only, and may only be used in accordance with the A -A Contract Documents' Terms of Service. To rep— copyright violations, e-mail docinfo@aiacontracts.com, User Notes: (1213753921) Pj-\A FTAIA" Document A1010 - 2017 Exhibit A Insurance and Bonds This Insurance and Bonds Exhibitis part of the Agreement, between the Owner and the Contractor, dated the _ day of in the year fa (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has add d information needed for for the following PROJECT: itscompletion. The author (Name and location or address) may also have revised the f:.neax$ of the original AIA standard fo n Additions «yillapze of Lemont - General » and Deletio s port that «REV 030122 i> notes added linf rmation as well as revi'sio s to the THE OWNER: standard form text is ava1.lab e frhm the author and (Name, legal status and address) should be reviewed. This document has important - legal consequences „ Consultation with an attorney is encouraged with THE CONTRACTOR: respect to its cgmpleti-on or modification. (Name, legal status and address) This document is in ended to be used in oon'u ct'on with « AIA Document A2 0-2017, .r,• a „. - r:> _ General Conditions of the Contract for Construction. Article 11 of A2010-2017 TABLE OF ARTICLES contains additional insurance provisions. A.1 GENERAL A.2 OWNER'S INSURANCE A.3 CONTRACTOR'S INSURANCE AND BONDS ! i i 's 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 E*hibit-.-Exhibit from companies lawfully authorized to do business in the jurisdiction in which the Project is located. 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. ELECTRONIC COPYING of any portion of this AIA' Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A101 - 2017 Exhibit A. Copyright J 2017. All rights reserved. "The American Institute of Architects," "American Institute of Archi�ects,A" "AI," the AIA Logo, and "AIA Contract Documents" are trademarks of The American -nstitute of Architects. This draft was produced at 17:4�A CT on 05/21/2024 under Order No.4-04243278 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and 1 may on.-_y be used in accordance with the AlA Contract Documents 'Terms n'_ Service. Co report copyright violations, e-mail doc info,@aiacontracts. com. User Notes: (1313827414) § A.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual general liability insurance. § A.2.3 Required Property Insurance § A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.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 valued£._...._ - __.., 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. deductible applicable to all losses for each occurrence. The Contractor shall be solely resporfse Y r any and au llosses up to $5 000 per loss Losses are payable to the Owner for Owner's own account. i § A.2.3.1.1 Causes of Loss. The insurance required by this Section A.2.3.1 shall provide coverag Ldirect physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, ^~ --'i wand debris removal including demolition occasioned by enforcement of any legal requirements or windstorm and shall cover reasonable compensation for Architect's and Contractor's services and+'j expenses required as a result of an insured loss. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workman§Jiip;'or materials. Sub -limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub -limit) Causes of Loss Sub -Limit § A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.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 1e requirements, and reasonable compensation for the Architect's and Contractor's services and expenses req* ired me 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 coverage.) Coverage § A2.3.1.2.1 Coverage shall not extend to: Sub -Limit machinery, ;rred to as s not included in 1 the Work. B. Property owned by employees of any of the foregoing. C. Vehicles of any kind. D. Trees and shrubs. E. Drawings and specifications. § A2.3.1.2.2 The policy by its terms or endorsement shall specifically permit and allow for beneficial or partial occupancy prior to completion or acceptance of the project by the Owner. § A2.3.1.2.3 The prompt repair or reconstruction of the Work as a result of any insured loss or damage shall be the Contractor's responsibility and shall be accomplished at no additional cost to the Owner or Architect. The contractor shall furnish the proper assistance in the adjustment and settlement of any loss. Loss will be adjustable with and payable to the party purchasing the Builder's Risk Insurance who shall be responsible for apportioning the loss 1 AIA Document A101 - 2017 Exhibit A. Copyright 0 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, acd "AIA Contract Documents" are trademarks of The American _nstitute of Architects. This draft was produced at 17:47:46 CT on 05/21/2024 under Order No. 4_04243278 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and 2 may on-y be used in accordance with the AIA Contract Documents' Terms o` Service. �o report cooyright violations, e-mail docinfc@aiacontracts.com. User Notes: (1313827414) proceeds to each and every entity involved in the loss to the extent of his interest. The policy shall contain a provision that the policy will not be canceled changed or altered until at least 30 calendar days prior written notice has been given to the named insured. § 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 instir-anee r-ed by this Seetie__ ^ ' 3 i - _ubje t to de&etibles of self insefed fetentions, the Owner- shall be fespensible fef all loss not eevefed beeduse of sue for Owner's own account. § A.2.3.2 Occupancy or Use Prior to Substantial Completion. The Thp, Owner- Find the Gontfaeter- shall take no aetion with r-espeet to pat4ial oeeepaney or- use that would eatis �( +: lapse, of fedt.etio.. of ins..... nee unless they agree ethe ...,ise : _:.:.. plicy by its terms or endorsement shall specifically ermit and allow for beneficial or partial occupancy rior to completion or acceptance -of the Project by the Owner. J.--` ` i § 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, notwithsm tan g the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. _ _ -, § A.2.4 Optional Extended Property Insurance. C The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required topurchase and maintain byplacing an it� the box(e nthe descriptions) ofselected insurance. For each type of insurance selected, indicate applicale imits o co er other conditions in the fill point below the selected item.) P [ �] § A.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner's property, or the inability to conduct normal operations due to a covered cause of loss.'` 1 [ § A.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum j requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. — -- (34.y [ r § 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. El AIA Document A101 - 2017 Exhibit A. Copyright ^ 2017. All rights reserved. "The American Institute of Architects," "American Institute of Archi-cct%, "AIA," the AIA Logo, acd "AIA Contract Dccuments" are trademarks of The American-nstitute of Architects. This draft was produced at 17:41:46 CT on 05/21/2024 under Order No.4_04243278 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and 3 may on-y be used in accordance with the AIA Contract Documents Terms o` Service. 7o report cooyright violations, e-mail docinfe@aiacontracts.com. User Notes: (1313827414) [ ' § 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. i [ § A.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. am [MJ § A.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of th$ insured's business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. 1 i [ § 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 constriction, repairs, or reconstruction; and carrying costs such as property taxes, building pen -nits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. _J § 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 the description(s) ofselected insurance) [ § A.2.5.1 Cyber Security Insurance for loss to the Owner due to data securil including costs of investigating a potential or actual breach of confidential (Indicate applicable limits of coverage or other conditions in the fill point [ c< » § A.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and Coverage Limits ARTICLE A.3 CONTRACTOR'S INSURANCE AND BONDS § A.3.1 General § A.3.1.1 Certificates of Insurance. 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. AIA Document A101 - 2017 Exhibit A. Copyright 0 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, atd "AIR Contract Documents" are trademarks of The American -nstitute of Architects. This draft was produced 4 at 17:41:46CT on 05/21/2024 under Order No.4_04243278 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and may on-y be used in accordance with the AIA Contract Documents' Terms o` Service. 7o report cooyright violations, e-mail docinfc@aiacontractscam. user Notes: (1313827414) § A.3.1.2 Deductibles and Self -Insured Retentions. 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 sgll cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect'$ 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-partby the•- 1 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. The Contractor shall also insureds. § A.3.2 Contractor's Required Insurance Coverage § A.3.2.1 The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The 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: J (If the Contractor is required to maintain insurance for a duration other than the expiration of the eriod Jo� correction of Work, state the duration.) «Coverages shall be maintained without interruption from date of commencement of the Work until 60 days after the date of Final Completion or for such other period for maintenance of completed operations coverage as specified in the Contract Documents With respect to the Contractor's completed operations coverage until expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. >> § A.3.2.2 Commercial General Liability § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence fdrm �ith policy limits of not less than each occurrence, aTwo Million Dollars >i ($ a2.000.000 > ) general aggregate, andto aggregate for products -completed operations hazard, providing coverage for claims including .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Contractor's indemnity obligations under Section 3.18 of the General Con iti S. .6 Liability insurance should be written on the comprehensive general liabilitV b sisj, and shall include but not be limited to the following sub -lines: t ..- __J A Premises and Operations including X C U coverages (explosion, collap e. undergroundl. B. Products and Completed Operations to be maintained for two (2) years after Final Completion. C. Independent Contractor's Protective. Q. Broad Form Comprehensive General Liability Endorsement: 1 Contractual Liability, including contractors' obligation under Section 3.18. 2. Personal Injury & Advertising injury Liability 3. Premises Medical Payments 4. Fire Legal Liability- Real Property 5 Broad Form Property Damage Liability (including Completed Operations) 6. Incidental Medical Malpractice Liability AIA Document A101 - 2017 Exhibit A. Copyright 2017. All rights reserved. "The American Institute of Architects," "American Institute of Archi=ect s," "AIA," the AIA Logo, and "AIi'. Contract Documents" are trademarks of The American -nstitute of Architects. This draft was produced at 17:41:46 CT on 05/21/2024 under Order No. 4-04243278 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and 5 may on_y be used in accordance with the AIA Contract DocumentsTerms o` Service. =o report copyright violations, e-mail docinfc@aiacontracts.com. User Notes: (1313827414) 7 Additional Persons Insured including employees for personal and advertising injury. 8. Extended Bodily Injury Liability 10 If liability insurance is written under the new simplified form - Commercial General Liability, the above listed coverages should be included. "Supplemental Tail," must be purchased. In anv and all claims against the Owner ( § A.3.2.2.2 The Contractor's Commercial General Liability policy under this Section A.3.2.2 shall_not.contiiin 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 pert rmed by-,, 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=-ixkjnry'0`emn to ee 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 im(ar exterio co ings or surfaces, if the Work involves such coatings or surfaces. l .10 Claims related to earth subsidence or movement, where the Work involves su a hzards. .11 Claims related to explosion, collapse and underground hazards, where the Wor involves such hazards. § A.3.2.3 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Contractor, with policy limits of not less than « One Million Dollars »; ($ «R0 0' ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicle ,s'along with any other statutorily required automobile coverage. § A.3.2.4 ty an under Seetieff A.3.2.2 and A.3.2.3, and in ne event shall any exeess er- umbrella liabilit i ade naffwe eeverage than the pfimafy peliey. The emeess poliey shall not require t wh-Austion A-41'e underlying limits only *h-, ffgh the ,,,.tual payment by the underlying in iu ers.Umbrella Excess Liability insurance in the amount of Two Million Dollars ($2 000 000) over commercial general liability insurance, automobile liability insurance and Employer's Liability insurance. § A.3.2.5 Workers' Compensation at statutory limits. A.3.2.6 Em to ers' Liabilit with policy limits not less than (<One Million Dollars» ($ « 1,000,000 ») each accident, ($ ) each employee, and (<One Million Dollars ))($ «1,000,000 ») policy limit. AIA Document A101 - 2017 Exhibit A. Copyright Q 2017. All rights reserved. "The American Institute of Architects," "American Institute of Archi=ects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American -nstitute of Architects. This draft was produced 6 at 17:41:46 CT on 05/21/2024 under Order No.4=04243278 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and may on_y be used in accordance with the AIA Contract Documents' Terms of Service. ^_o report copyright violations, e-mail docinfe@aiacontracts.com. User Notes: (1313827414) § 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.12.8 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 Dollars » ($ 0,000,000 >s) per claim and «One Million Dollars » ($ <<1,000,000 ») 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 Dollars» ($ « 1,000,000 >) ) per claim and «t?nk.: Nli_lhon Dollars a 1,000,000 ») in the aggregate. j § A.3.2.12 instifanee for- th n of manned E)iF timnanned airer-aft, if the Wefk requires sueh aetivities, with Pokey limits of not less th-Elft ($ per elaim and � ($ in the aggr-ega § 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 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 below for a duration other than the expiration of the period for correction of Work, state the duration.) o The Contractor shall purchase and maintain insurance covering the Owner's contingent liability for claims which may arise from operations under the Agreement and that will protect the Owner and the Architect and their res�c�_! i e officers directors board members its agents and employees from and against all claims damages losses and expenses including attorney's fees and all other defense costs whether in legal or administrative actions arising (a) out of or resulting from the perfonmance of the work provided that any such claim damage loss or expense is attributable to bodily injury, sickness disease or death or to injury or to destruction oftangible property (other than the work itselt) including the loss of use resulting therefrom and (b) out of any claim made by employee of the contractor or any subcontractor or by the Illinois Department of Labor for the amount of any ages or salaries which should have been paid to such employees and interest thereon fines or other assessments relating to such violation, pursuant to provisions of the Prevailing Wage Act 820 ILCS 13010.01 et seq. regardless of whether or not it is caused in part by aparty to whom insurance is afforded pursuant to this department. >> t § A.3.3.2 The Contractor shall purchase and maintain the following types and limits of insurance;in accordance with Section A.3.3.1. (Select the types of insurance the Contractor is required to purchase and maintain byplacing'anin 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 AIA Document A101 - 2017 Exhibit A. Copyright 0 2017. All rights reserved. "The American Institute of Arctitects," "American Institute of Archi-ects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American -nstitute of Architects. This draft was produced at 17:4�:46 CT on 05/21/2024 under order No.4104243278 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and 7 may on-y be used in accordance with the AIA Contract Documents` Terms o` Service. 7o report copyright violations, e-mail docinfe@aiacontracts. com. User Notes: (1313827414) adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article I I of the General Conditions unless otherwise set forth below: (Where the Contractor's obligation to provide property insurance differs 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 Owner will be responsible for adjusting and settling a loss with tbv'-Msurer and acting as the trustee of the proceeds of property insurance in accordance with Article 1 of 1 e 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 > (S <, -.) in the aggregate, for Work within fifty (50) feet of railroad property. [ J1KJ § A.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than s (S <, j>) per claim and « » ($ zi ,) in the aggregate, for liability arising from the encapsulatio 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 an4 in [ransit 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 --1 Contractor and used on the Project, including scaffolding and other equipment. [ ML § A.3.3.2.6 Other Insurance' (List below any other insurance coverage to be provided by the Contractor an� any rl�li�iel4its Coverage Limits 4 A.3.3.3 Other Insurance Requirements Owner. An additional certificate evidencing continuation of liabilfty coverage including coveraj4o4or-completed -1 operations shall be submitted with the final Application for Payment as required by Section 9.1 Q.2_and thereafter upon renewal or replacement of such coverage until the expiration of the time required by this Exhibit A. Information cnncerninv rennet inn of coverage on account of revised limits or claims paid under the General Aggreiza-te; or both, cancellation provision the following words 'Endeavor to' and 'but failure to mail obligation or liability of any kind upon the company, its agents or representatives rating of "A" or better and satisfacto1y to the Owner. § A3.3.3.3 In addition to any other requirements of the Contract Documents the Contractor shall name the Owner and the Architect and each of their respective officers directors officials board members, consultants, agents and employees as additional insureds on the Contractor's general liability policy for claims arising from the Contractor's operations the automobile liability_ policy and the excess/ umbrella liability policy. The foregoing policies shall be endorsed to be primary over any other insurance which the additional insureds may have and shall contain a severability of interests clause The Contractor shall require each of its subcontractors to comply with the requirements of this Section A3.3.3.3. 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 _nstitute of Architects. This draft was produced 8 at 17:4�:46 CT on 05/21/2024 under Order No.4=04243278 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and may on-y be used in accordance with the AIA Contract Documents'Terms o` Service. 7o report copyright violations, e-mail docinfe@aiacontracts.com. User Notes: (1313827414) S A3.3.3.4 Under no circumstances shall the Contractor be relieved of providing insurance as required by this Contract If inspection of Certificates by Owner would reasonably reveal any deficiencies in coverage as required by this Contract Contractor shall not be relieved of its obligation to prove insurance coverages as required herein and may not assert any defense of waiver, acquiescence estoppels or otherwise by the failure of Owner or its agents to object to the form of the Certificate Policies or other documents provided by the Contractor to certify that the Contractor complied with the provisions of this Contract regarding insurance coverage. represent that the coverages or limits of insurance specified is sufficient or adequate to protect the Owner Contractor Architect or any Subcontractor's interest or liability, but are merely minimums. The obligati&_of the Contractor and § A.3.4 verrormance tsona ana rayment tsona The Contractor shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in r the jurisdiction where the Project is lee-ated,-located with a A.M. Best rating of "A" and with a surety company to which the Owner has no objection The Contractor's performance bond and labor and materials payment bond shall be in the amount of one hundred percent (100%) of the Contract Sum, as follows: (Specify type and penal sum of bonds.) ��.� �n✓r Type Payment Bond Performance Bond Penal Sum ($0.00) See above. See above. Payment and Performance Bonds shall be AIA Document A312T"I, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312T111, current as of the date of this Agreement. bonds will be furnished. $ A3 4 2 The Contractor shall require the attorney in fact who executes the required bonds onl-behait-ot the-MEet into affix thereto a certified and current copy of the power of attorney. Such bonds shall be in the form of American Institute of Architect's Document A-312 or a similar form worded exactly the same as Doc. A-312 and 0411—hear the same date as or a date subsequent to the date of the Contract. The bonds shall be issued by a b� ing-company licensed to operate in the State of Illinois and approved by the Owner.,/ § A3 4 3 The failure of the Contractor to supply the required bonds within 10 days after the piesc ibed Agreement forms are presented for signature or if the bonding company finds that the Contractor is NOT bondable, shall constitute a default and the Owner may award the Contract to the next responsible low bidder. 3 § 3 4.5 If at any time the Owner becomes dissatisfied with any Surety or Sureties then upon the Bonds, or for any other reason such Bonds shall cease to be adequate security for the Owner, the Contractor shall, within five (5) days after notice to do so substitute acceptable Bonds in such forms and sum and signed by such other Sureties as may be satisfactory to the Owner. No further payments shall be deemed due nor shall be made until the new Sureties shall have qualified. S A3.4.6 Whenever the Contractor shall be and is declared by the Owner to be in default under the Contract, the Surety and Contractor are each responsible to make full payment to the Owner for any and all additional set -vices of the AIA Document A101 - 2017 Exhibit A. Copyright .^ 2017. All rights reserved. "The American Institute of Architects," "American Institute of Archi=ect%" "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American =nstitute of Architects. This draft was produced at 17:47:46 CT on 0 /21 /2024 under Order No.4:04243278 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and may on-y be used in accordance with the AIA Contract Documents Terms of Service. 7o report cooyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1313827414) Architect as which are required as a result of the Contractor's default and in protecting the Owner's right under the Agreement with the Contractor. & A3 4 7 The Contractor must within ten (10) days after the execution of this Agreement furnish a Performance Bond Owner be insolvent the Contractor shall agree forthwith upon request corporate Surety with respect to such bonds satisfactory to the Owner. ARTICLE A.4 SPECIAL TERMS AND CONDITIONS I Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: R A A 4 'Tho f r rlatarminina that cnhrnntractnrc are arlennately incnred auainst claims arising .- M AIA Document A101 - 2017 Exhibit A. Copyright 7 2017. All rights reserved. "The American Institute of Architects," "American Institute of Archi�ccts," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American=nstitute of Architects. This draft was produced at 17: 4,:46 CT on 05/21/2024 under Order No.4-042432718 which expires on 06/19/2024, is not for resale, is licensed for one-time use only, and 0 may on_y be used in accordance with the AIA Contract Documents" Terms of Service. ^_o report copyright violations, e-mail docinfe@aiacontracts.com. User Notes: (1313827414) SECTION 011000 SUMMARY PART 1 — GENERAL 1.1 PROJECT A. Project Name: 2024 Village Hall Renovations. B. Owner's Name: Village of Lemont. C. The Project consists of the construction of the interior renovations of the office area at the Lemont Village Hall. 1.2 CONTRACT DESCRIPTION A. Work covered by Contract Documents: Construction of construction of gypsum board walls, installation of flooring and ceiling tiles, relocation of light fixtures, millwork, doors and frames. B. Definitions. The following terms are used throughout the Contract Documents. The work will be governed in accord with the definitions. 1. Fabricated: Fabricated pertains to items specifically assembled or made of selected materials or components to meet individual design requirements. 2. Manufactured: Manufactured means standard units, usually mass produced by an established manufacturer of the respective item. 3. Provide: Provide means furnish and install. 4. Shop fabricated or shop made: Shop fabricated or shop made refers to items made by a Contractor or Subcontractor in their own Shop. C. Insurance 1. Designated Purchaser: a. Contractor shall purchase and maintain Builder's Risk Insurance in accord with the General Conditions. D. Contracts 1. The Owner will award a single construction contract for all work specified in the Contract Documents. 2. Upon award of the construction contract, the owner will issue a Letter of Intent to award a Construction Contract to the approved contractor. This Letter of Intent shall serve as a notice to proceed with the project according to the terms and conditions set forth in the Contract Documents, until the work under Contract Documents is completed.. The contractor shall commence all construction services as specified in the contract documents upon receipt of the Letter of Intent. 1.3 DUTIES OF CONTRACTOR A. The contractor shall be responsible for providing and paying for: 1. Labor, materials and equipment. 2. Tools, construction equipment and machinery. 3. Temporary water, heat and other utilities required for construction. 4. Other facilities and services necessary for proper execution and completion of work. B. The contractor shall be responsible for paying and securing all permits, governmental fees and licenses other than primary building permit necessary for the proper execution and completion of the Project. C. The contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements of the public authorities which govern the performance of the work under the Contract Documents. D. The contractor shall coordinate and have completed all inspections required by public authorities relating to the performance of the work under the Contract Documents including, but not limited to: 1. Illinois Department of Public Health (IDPH) for all rough -in and final inspections of plumbing and food service work, as required. 2. All inspections required in Section 014000 to be performed by a Testing and Inspection Agency. 23-011 SUMMARY 011000 - 1 SECTION 011000 SUMMARY E. The contactor shall have duty to promptly submit written notice to the Architect of any known or observed variances of the Contract Documents from legal requirements that may govern the work. Upon notice to the Architect, appropriate modifications will be made to the Contract Documents to account for the legal requirements. In the event the contractor fails to provide notice of any variances, he shall assume responsibility for any work known to be contrary to those legal requirements. 1. The contractor shall enforce strict discipline and maintain good order among employees and subcontractors. Contractor shall not employ any unfit person or those not skilled in the assigned task. F. The contractor acknowledges that the Project is exempt from all State and Local use taxes. It shall be the duty of the contractor to: 1) obtain a sales tax exemption certificate number from the Owner; 2) place exemption certificate number on invoices for materials incorporated in work; 3) furnish copies of invoices to Owner upon request 4) file a notarized statement that all purchases made under exemption certificate were entitled to be exempt with Owner upon completion of work; and 5) pay any penalties assessed for the improper use of exemption certificate number. 1.4 OWNER OCCUPANCY A. The date of Substantial Completion shall be no later than October 31, 2024, 5:00 p.m. Note: Substantial Completion for this project refers to all scheduled work being a minimum 99% complete. B. The date of Final Completion shall be no later than November 22, 2024, 5:00 p.m. Note: Final Completion for this project refers to all scheduled work, punch list and closeout items being 100% complete. C. The Architect's and their consultants' services will terminate sixty (60) days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Specifications, whichever is earlier. Any work required of the Architect and their consultants after this date will be back -charged to the contractor by the Owner. D. Refer to General Conditions for Liquidated Damages. 1.5 JOB OPERATIONS A. Project Security: 1. The contractor shall provide necessary precautions such as fences or barriers to protect Owner's personnel or members of the general public in the areas in which construction activity is on -going. 2. The contractor shall securely close -off all areas of construction after working hours to prevent entry by unauthorized persons. B. Project Hours: 1. All work will be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday. 1.6 WORK LIMITATIONS A. All spaces around where work will be done may be occupied by Owner's personnel. Contractor shall limit the scope of its work during times of owner occupancy to prevent disturbing Owner. B. Contractor shall schedule work in such a manner as to not disrupt mechanical or electrical systems for the existing adjacent buildings during times of Owner occupancy. C. Contractor shall give Owner a minimum of three (3) days' notice before commencing work in Owner occupied area. 1.7 CONTRACTOR USE OF SITE AND PREMISES A. Contractor shall confine work at the Project site as permitted by: 1) Law; 2) Permits; 3) the Contract Documents; 4) As instructed by Owner or Owner's representative; and 5) As required for Owner's use of adjacent facilities. B. Confer with Owner's representative and obtain full knowledge of all Project site rules and regulations affecting work. C. Contractor shall conform to the Project Site rules and regulations while engaged in its work. 23-011 SUMMARY 011000 - 2 SECTION 011000 SUMMARY D. Contractor acknowledges that the Project Site rules and regulations take precedence over other rules and regulations that may exist outside such jurisdiction. E. Contractor shall be obligated to permit the Owner's representative to examine the contractor's list of employees, including those of his subcontractors and their agents, working on the Project Site. Contractor shall 1. Keep all vehicles, mechanized or motorized equipment locked and secured at all times when parked and unattended on Owner's premises. 2. Contractor shall not, under any circumstance, leave any vehicle unattended with its motor or engine running, or with its ignition key in place. 3. All traffic control subject to Owner's representative's approval. F. Do not unreasonably encumber site with materials or equipment. G. Contractor shall assume full responsibility for protection safety and safekeeping of products stored on premises. H. Contractor shall move all stored products or equipment which interferes with operations of Owner or other subcontractors. I. Contractor shall obtain and pay for the use of additional storage or work areas needed for operations. J. Contractor shall limit use of the Project Site for work and storage to areas depicted in the drawing or area approved in advance by Owner. K. The contractor acknowledges that adjacent sites may be used by the Owner or members of the general public requiring contractor to maintain appropriate safety measures. L. The contractor shall provide access to and from the Project Site as required by law and by Owner: M. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. 1.8 SUBSTANCE ABUSE PREVENTION POLICY A. Pursuant to the Substance Abuse Prevention on Public Works Act (820 IL CS 265/1, et seq.), employees of the contractor and employees of the contractor and employees of any subcontractor are prohibited from the use of drugs or alcohol , as defined in the Act, while performing on any public works project. B. The contractor and any subcontractor shall file with the public body engaged in the construction of the public works: a copy of the substance abuse prevention program along with a cover letter certifying that their program meets the requirements of the Act or a letter certifying that the contractor or subcontractor has a collective bargaining agreement in effect dealing with the subject matter of this Act. A certification form is attached and must be completed by the contractor and each subcontractor to this contract. 1.9 WORK SEQUENCE A. Construction services as specified herein shall commence upon issuance of the Letter of Intent to Award a Construction Contract. B. Certificate of Insurance and all Bonds to be submitted to the Architect within 3 business days upon issuance of the Letter of Intent. C. All Shop Drawings to be submitted to the Architect within 21 calendar days upon issuance of the Letter of Intent. PART 2 — PRODUCTS — NOT USED PART 3 — EXECUTION — NOT USED END OF SECTION 23-011 SUMMARY 011000 - 3 SECTION 012100 ALLOWANCES PART 1 — GENERAL 1.1 SECTION INCLUDES A. Cash allowances. B. Payment and modification procedures relating to allowances. 1.2 RELATED SECTIONS A. Section 012900 - Price and Payment Procedures: Additional payment and modification procedures. 1.3 SELECTION AND PURCHASE A. At the earliest practical date after award of the Contract, advise Architect of the date when final selection and purchase of each product or system described by an allowance must be completed to avoid delaying the Work. B. At Architect's request, obtain proposals for each allowance for use in making final selections. Include recommendations that are relevant to performing the Work. C. Purchase products and systems selected by Architect from the designated supplier. D. Any unused allowance funds will be credited back to Owner by Change Order prior to close out. 1.4 SUBMITTALS A. Submit proposals for purchase of products or systems included in allowances, in the form specified for Change Orders. B. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance. C. Submit time sheets and other documentation to show labor time and cost for installation of allowance items that include installation as part of the allowance. D. Coordinate and process submittals for allowance items in same manner as for other portions of the Work. 1.5 COORDINATION A. Coordinate allowance items with other portions of the Work. Furnish templates as required to coordinate installation. B. Architect Responsibilities: 1. Consult with Contractor for consideration and selection of products, suppliers, and installers. 2. Select products in consultation with Owner and transmit decision to Contractor. 3. Prepare Allowance Authorization. C. Contractor Responsibilities: 1. Assist Architect in selection of products, suppliers, and installers. 2. Obtain proposals from suppliers and installers and offer recommendations. 3. On notification of which products have been selected, execute purchase agreement with designated supplier and installer. 4. Arrange for and process shop drawings, product data, and samples. Arrange for delivery. 1.6 CASH ALLOWANCES A. Costs Included in cash allowances: 1. Allowances shall cover the cost to the Contractor of materials and equipment delivered to the site and all required taxes, less applicable trade discounts. 2. Contractor's costs for unloading and handling at the site, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Base Bid and not in the allowances. 23-011 ALLOWANCES 012100 - 1 SECTION 012100 ALLOWANCES 1.7 INSPECTION AND TESTING ALLOWANCES A. Costs Included in Inspecting and Testing Allowances: Cost of engaging the inspecting or testing agency of record; execution of inspecting and tests; and reporting results. B. Costs Not Included in the Inspecting and Testing Allowances: 1. Costs of testing services used by Contractor separate from Contract Document requirements. 2. Costs of testing services used by the Contractor from a source other than the testing agency of record. 3. Costs of retesting upon failure of previous tests as determined by Architect. 4. The allowance does not include incidental labor required to assist the testing agency or costs for retesting if previous tests and inspections result in failure. The cost for incidental labor to assist the testing agency shall be included in the Contract Sum. PART 2 — PRODUCTS — NOT USED PART 3 — EXECUTION 3.1 EXAMINATION A. Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged or defective products to manufacturer for replacement. 3.2 PREPARATION A. Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work. 3.3 SCHEDULE OF ALLOWANCES A. Allowance No. 2: Cash Allowance: Include the sum/price of $5,000 for furnishing finish hardware, F.O.B. job site, specified in Section 087100 — Door Hardware. B. Allowance No. 4: Cash Allowance: Include the stipulated sum of $15,000 for a contingency allowance to be used at the Owner's discretion. END OF SECTION 23-011 ALLOWANCES 012100 - 2 SECTION 012300 ALTERNATES PART 1 - GENERAL 1.1 SECTION INCLUDES A. Alternate submission procedures. B. Documentation of changes to Contract Sum and Contract Time. 1.2 RELATED SECTIONS A. Section 002113 — Instructions to Bidders: Instructions for preparation of pricing for alternatives. 1.3 ACCEPTANCE OF ALTERNATES A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's option. Immediately accepted alternates will be identified in the Owner -Contractor Agreement. B. The Owner may accept any Alternate within 90 days of the date of contract. C. State the amount of Alternates prices to be added or deducted from the Base Bid price on the Bid Form. D. Perform all portions of the work affected by this Section in accordance with the requirements of the Contract Documents. E. Comply with requirements relative to materials and workmanship contained in the respective specification sections. F. Coordinate related work and modify surrounding work to integrate the Work of each Alternate. 1.4 SCHEDULE OF ALTERNATES Alternate No. 1: Change of Substantial Completion Date State the amount to be DEDUCTED from the lump sum base bid if the Date of Substantial Completion is changed from the specified date to the contractor's desired date as listed on the Bid Form. PART 2 — PRODUCTS — NOT USED PART 3 — EXECUTION — NOT USED END OF SECTION 23-011 ALTERNATES 012300 - 1 SECTION 012700 UNIT PRICES PART 1 — GENERAL 1.1 SECTION INCLUDES A. List of unit prices, for use in preparing Bids. B. Measurement and payment criteria applicable to Work performed under a unit price payment method. C. Defect assessment and non-payment for rejected work. 1.2 RELATED SECTIONS A. Unit prices listed on Bid Form 1.3 COSTS INCLUDED A. Unit Prices included on the Bid Form shall include full compensation for all required labor, products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. 1.4 APPLICATION A. Enter unit prices for each work item in Bid Form in space provided. Omission may result in rejection of bid. B. Contractor shall take all measurements and compute quantities. Measurements and quantities will be verified by field measurement or assessment. 1.5 UNIT QUANTITIES SPECIFIED A. Quantities indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements of actual Work will determine the payment amount. 1.6 MEASUREMENT OF QUANTITIES A. Measurement methods delineated in the individual specification sections complement the criteria of this section. In the event of conflict, the requirements of the individual specification section govern. B. Take all measurements and compute quantities. Measurements and quantities will be verified by Architect. 1. Contractor shall provide necessary equipment, workers, and survey personnel as required at no additional cost to Owner. C. Measurement Devices: 1. Weight Scales: Inspected, tested and certified by the applicable state Weights and Measures department within the past year. 2. Platform Scales: Of sufficient size and capacity to accommodate the conveying vehicle. 3. Metering Devices: Inspected, tested and certified by the applicable State department within the past year. D. Measurement by Weight: Concrete reinforcing steel, rolled or formed steel or other metal shapes will be measured by handbook weights. Welded assemblies will be measured by handbook or scale weight. E. Measurement by Volume: Measured by cubic dimension using mean length, width and height or thickness. F. Measurement by Area: Measured by square dimension using mean length and width or radius. G. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. H. Stipulated Sum/Price Measurement: Items measured by weight, volume, area, or linear means or combination, as appropriate, as a completed item or unit of the Work. I. Perform surveys required to determine quantities, including control surveys to establish measurement reference lines. Notify Architect prior to starting work. J. Contractor's Engineer Responsibilities: Sign surveyor's field notes or keep duplicate field notes, calculate and certify quantities for payment purposes. 23-011 UNIT PRICES 012700 - 1 SECTION 012700 UNIT PRICES 1.7 PAYMENT A. Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities of Work which is incorporated in or made necessary by the Work and accepted by the Architect, multiplied by the unit sum/price. B. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling, and disposing of rejected Products. 1.8 DEFECT ASSESSMENT A. Replace Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of Owner, it is not practical to remove and replace the Work, Owner will direct one of the following remedies: 1. The defective Work may remain, but the unit sum/price will be adjusted to a new sum/price at the discretion of Owner. 2. The defective Work will be partially repaired to the instructions of the Owner, and the unit sum/price will be adjusted to a new sum/price at the discretion of Owner. C. The individual specification sections may modify these options or may identify a specific formula or percentage sum/price reduction. D. The authority of Architect to assess the defect and identify payment adjustment is final. 1.9 SCHEDULE OF UNIT PRICES A. Contractor shall include unit prices in Bid Form for specified item. 1. Purchase and install carpet tile to match existing; Per Box. 2. Purchase and install Acoustical Ceiling Panels in Existing Grid; Per Box. 3. Purchase and install one duplex electrical outlet with up to 20 feet of wiring and conduit; Per outlet 4. Purchase and install one empty junction box with cover plate with 1" conduit stubbed to above ceiling; Per junction box PART 2 — PRODUCTS — NOT USED PART 3 — EXECUTION — NOT USED END OF SECTION 23-011 UNIT PRICES 012700 - 2 SECTION 012900 PRICE AND PAYMENT PROCEDURES PART 1 — GENERAL 1.1 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. B. Change order procedures. 1.2 RELATED SECTIONS A. Section 012100 -Allowances: Payment procedures relating to allowances. B. Section 012700 -Unit Prices: Monetary values of unit prices, payment and modification procedures relating to unit prices. C. Section 017700 -Closeout Submittals. 1.3 SCHEDULE OF VALUES A. Submit a printed schedule on AIA Form G703 - Application and Certificate for Payment Continuation Sheet or Architect approved similar. B. Submit Schedule of Values within 15 days of receiving the Letter of Intent and a minimum of 15 business days prior to submitting the first application for payment. C. Include in each line item, the amount of Allowances specified. For unit cost Allowances, identify quantities taken from Contract Documents multiplied by the unit cost to achieve the total for the item. D. Submit separate quantities and amounts for material and labor for each respective line item. E. List separate amounts for any applicable submittals and shop drawing preparation if payment will be required. No payment will be authorized for submittals not listed on the Schedule of Values. F. Revise schedule to list approved Change Orders, with each Application For Payment. G. Support values given with data to substantiate their correctness. H. Submit quantities of designated materials. I. List quantities of materials specified under unit prices. J. Include in the line items a total amount of Contractor's overhead and profit. K. Payment for materials stored on or off site will be limited to those materials listed separately in Schedule of Values. L. Form of Submittal 1. Submit typewritten Schedule of Values on 8-1/2 x 11 paper format. 2. Utilize the Table of Contents of this Project Manual. 3. Identify each line item with number and title of the specification Section. 4. Separate costs under the various phases. M. Preparation 1. Itemize separate line cost for each of following cost items: a. Overhead and profit. b. Bonds. c. Insurance. d. General Requirements. e. Site mobilization. 2. Itemize separate line item cost for work specified in each section of the specifications. Identify work of: a. Contractor's own labor forces. b. All subcontractors. c. All major suppliers of products or equipment. 3. Break down installed costs into: a. Delivered cost of product, with taxes paid. b. Labor cost. 4. For each line item which has an installed value of more than $10,000.00 break down costs to list amount of labor and amount of materials under each item. a. Contractor, subcontractor or supplier. b. Specification section number. c. Description of work or material. 23-011 PRICE AND PAYMENT PROCEDURES 012900 - 1 SECTION 012900 PRICE AND PAYMENT PROCEDURES d. Quantity. e. Unit Price. f. Scheduled value. g. % of Contract. 5. Round off figures to nearest ten dollars. 6. Make sum of total costs of all items listed in Schedule equal to total contract sum. N. Review and Resubmittal 1. After review by Architect, revise and resubmit Schedule as directed by Architect. 2. Follow original submittal procedure. O. Update 1. Update Schedule of Values when: a. Change in cost occurs. b. Change of subcontractor or supplier occurs. c. Change of product or equipment occurs. 2. Provide written justification for any changes requested by contractor. 1.4 APPLICATIONS FOR PROGRESS PAYMENTS A. Payment Period: Submit at intervals stipulated in the Agreement. B. Present required information in typewritten form. C. Form: AIA G702 Application and Certificate for Payment and AIA G703 - Continuation Sheet including continuation sheets when required or Architect approved equal. D. For each item, provide a column for listing each of the following: 1. Item Number. 2. Description of work. 3. Scheduled Values. 4. Previous Applications. 5. Work in Place and Stored Materials under this Application. 6. Authorized Change Orders. 7. Total Completed and Stored to Date of Application. 8. Percentage of Completion 9. Balance to Finish. 10. Retainage. E. Each item on the application for payment shall include retainage in the amount of 10% of the total work completed and stored to date of application. Upon reaching Substantial Completion, and with prior authorization of the Owner and the Architect, the retainage may be reduced to 5% for each item that is deemed substantially complete on the subsequent application for payment. F. Execute certification by signature of authorized officer. G. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for Stored Products. H. List each authorized Change Order as a separate line item, for each respective subcontractor or material supplier listing Change Order number and dollar amount as for an original item of Work. I. Submit three pencil copies of each Application for Payment for review and approval by Architect and Owner. J. Revise Application and Certificate of payment as directed by Architect. K. Once the pencil copy has been approved by Architect, send three hard copies, along with supporting documentation, to the corporate office of the Architect. L. Include the following with the application: 1. Transmittal letter as specified for Submittals in Section 013300. 2. Construction progress schedule, revised and current as specified in Section 013300. 3. Current construction photographs specified in Section 013300. 4. Partial release of liens from Contractor for current period. a. Release of liens to be provided on forms approved by the Architect prior to the first payment being submitted. 23-011 PRICE AND PAYMENT PROCEDURES 012900 - 2 SECTION 012900 PRICE AND PAYMENT PROCEDURES 5. Partial release of liens from all Subcontractors and vendors from prior period. a. Release of liens to be provided on forms approved by the Architect prior to the first payment being submitted. 6. Affidavits attesting to off -site stored products, with original invoices. Statement of transfer of title upon payment and insurance coverage specifically identifying stored items. M. When Architect requires substantiating information, submit data justifying dollar amounts in question. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. 1.5 CERTIFIED PAYROLL FOR PUBLIC WORKS PROJECTS A. As per the Prevailing Wage Act., all contractors and their subcontractors who are engaged in public works projects must provide a certified monthly payroll report to the Illinois Department of Labor. B. Each Contractor or Subcontractor performing Work on this Project shall comply in all respects with all laws governing the employment of Labor, Social Security, and Unemployment Insurance of both the State and Federal government. There shall be paid to each employee engaged in Work under this Contract at the site of the Project, no less than the minimum wage for the classifications of labor employed in compliance with 820 ILCS 130/1 et seq. as now existing or hereafter amended. C. In accordance with 820 ILCS 130/5, the Contractor and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the Project; the records shall include each worker's name, address, telephone number, social security number, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, and the starting and ending times of each work day. D. The Contractor and each subcontractor shall submit monthly to the Illinois Department of Labor. The certified payroll shall consist of a complete copy of the records and all certifications required by the Illinois Department of Labor. E. With each monthly application for payment to the Owner, the contractor shall provide written confirmation that the Certified Payroll report has been properly submitted to the Illinois Department of Labor for all Contractors and Sub -Contractors. F. Upon 2 business days notice, the contractor and each subcontractor shall make available for inspection for the records to the Owner, its officers and agents, and to the Director of Labor and his deputies and agents at all reasonable hours at a location within the State. The Contractor and each subcontractor shall permit his/her employees to be interviewed on the job, during working hours, by compliance investigators of the Department or the Department of Labor. 1.6 CHANGE ORDER PROCEDURES A. Promptly implement Change Order procedures. 1. Provide full written data required to evaluate changes. 2. Maintain detailed records of work done on time-and-material/force account basis. 3. Provide full documentation to Architect. B. Designate in writing the member of Contractor's organization: 1. Who is authorized to accept changes in Work. 2. Who is responsible for informing others in Contractor's employ of authorization of changes in Work. 3. If other than the Owner, the Owner will designate in writing the person(s) authorized to execute Change Orders. C. Initiation of Contract Changes: 1. Requests for change by the Contractor shall be initiated in writing. 2. Subcontractors initiating a request for change shall direct their requests to the Contractor. 3. The Architect will review and direct the Contractor's requests for change to the Owner or Owner's Representative with recommendations. 23-011 PRICE AND PAYMENT PROCEDURES 012900 - 3 SECTION 012900 PRICE AND PAYMENT PROCEDURES 4. Requests for change affecting contract sum or contract completion shall be made prior to starting any changes to the construction work or purchasing of materials. Failure to make appropriate written requests will invalidate any claims for additional costs or time for said work. D. Owner Authorizes: 1. The Owner or Owner's Representative, having considered the necessity of the requested change and availability of funds will authorize the Architect to prepare a request for proposal (RFP). E. Architect Prepares Request for Proposal: 1. The Architect, following consultation with the Contractor regarding subcontracts which will be affected by the proposed change, will prepare a RFP for Contractor response. 2. Two sets of the RFP and Supplemental Drawings and Specifications for each proposed change are transmitted to the Contractor. F. Contractors Prepare Proposals: 1. Detailed Breakdown of Material Equipment and Labor: a. The Contractor or Subcontractor whose work is affected by a proposed change shall prepare a proposal for change. b. The detailed breakdown shall be prepared in accordance with the Contract Documents. c. If a change affects work covered by agreed on prices, such prices shall be used as the basis for adjustments to the contract sum. d. In all other cases, adjustments to the contract sum shall be based on the Contractor's direct cost, including costs of material, labor, equipment, bonds and taxes as applicable. e. Labor rates shall be itemized on the detailed breakdown indicating the trade base wage rate, total union fringe benefits, FICA, unemployment compensation insurance and workmen's compensation insurance. Labor charges shall not include costs for inefficiencies of construction supervision or labor. f. Change order adjustments to the contract developed above shall include amounts for overhead and profit which do not exceed average amounts indicated in the Schedule of Values, or an amount of 15% of the change order cost, whichever is less, and that no overhead and profit shall be deducted from the total price for changes reducing the cost of the contract. If the changed work is performed by a subcontractor, no more than 10% may be added to the subcontractor's costs for overhead and profit. An additional not to exceed 5% (exclusive of the subcontractor overhead and profit indicated above) may be included for the Contractor's overhead and profit on all work provided directly by a subcontractor employed on the project. G. Contractor Reviews: 1. Reviews: The Contractor shall review all proposals for: a. Conformance with the RFP to ensure that all items and only those items of work affected by the proposed change are included. b. Assurance that the proposals are submitted in conformance with the Contract Documents. 2. Transmittal: The Contractor shall forward to the Architect three complete sets of proposals with its recommendation regarding the proposal. a. In making recommendations, the Contractor shall certify that the price is appropriate and if it is not appropriate, shall state the reasons for not certifying the price. b. Proposals, complete with all required information, shall be submitted to the Architect within three weeks of the date of the RFP in order to receive further consideration. H. Architect Reviews: 1. The Architect reviews the Contractor's proposals for completeness and conformance with the RFP and Contract Documents. Proposals which are incomplete or have inadequate detailed breakdowns will be returned to the Contractors for resubmission. 2. The Architect will review and, when appropriate, approve all price proposals recommending Owner approve issuance of a change order. 23-011 PRICE AND PAYMENT PROCEDURES 012900 - 4 SECTION 012900 PRICE AND PAYMENT PROCEDURES 3. When the Architect considers the costs or quantities to be inappropriate to the work requested, the Architect will notify the Contractor in writing of the concerns and the Contractor will provide the necessary backup materials to justify the submittal or modify the submittal. 4. Submittals not properly justified will not be forwarded to the Owner and written notice as to the reasons will be forwarded to the Contractor. After 30 days of said written notification and no further response by the Contractor, the request will be considered inappropriate and will receive no further consideration. I. Architect Issues Change Order: 1. The Architect, having received what is believed to be an appropriate and acceptable Contractor proposal for the proposed change and having received Owner's approval to issue a change order, the Architect will issue a Change Order. 2. The Change Order package prepared by the Architect for submittal to the Owner shall contain the following items: a. Three originals of the Change Order form with appropriate original signatures, along with supporting documentation including, but not limited to: 1) Request for Proposal with signatures. 2) Pristine copy of drawings and specifications. 3) On changes initiated by the Architect, a letter explaining the circumstances related to the need for the change. 4) On Owner requested Change Orders, a letter of request signed by the Owner's Representative. 5) Change Order Authorization Form for Owner's Signature and permanent record in accord with Public Act 85-1295. When required on public work --for changes greater than $10,000.00 or 30 Days. J. Owner Approves or disapproves Change Order: For change in Contract Sum and/or Contract Time. K. One copy of approved Change Order with original signatures will be returned to the Contractor, or notice and explanation as to why it has been rejected will be forwarded to the Contractor. 1.7 APPLICATION FOR FINAL PAYMENT A. Submit all closeout documents and comply with all requirements as put forth in Section 017700 - Closeout Submittals. B. Once closeout submittals have been approved by the Architect, prepare the Application for Final Payment as specified for progress payments, identifying total adjusted Contract Sum, previous payments, and sum remaining due; including properly executed Consent of Surety. C. Application for Final Payment will not be considered until the following have been accomplished: 1. All closeout procedures specified in Section 017700. PART 2 — PRODUCTS — NOT USED PART 3 — EXECUTION — NOT USED END OF SECTION 23-011 PRICE AND PAYMENT PROCEDURES 012900 - 5 SECTION 013218 CONSTRUCTION PROGRESS SCHEDULE PART 1 — GENERAL 1.1 SECTION INCLUDES A. Preliminary schedule. B. Construction progress schedule, bar chart type. 1.2 RELATED SECTIONS A. Section 011000 -Summary: Work sequence. 1.3 REFERENCES A. AGC (CPM) - The Use of CPM in Construction - A Manual for General Contractors and the Construction Industry; Associated General Contractors of America; 1976. 1.4 PRECONSTRUCTION MEETING A. Within 10 days after date of Agreement, submit preliminary schedule defining planned operations for the first 90 days of Work, with a general outline for remainder of Work B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. a. Within 10 days after joint review, submit complete schedule. D. Submit updated schedule every 30 days or as requested by Architect. E. Submit the number of opaque reproductions that Contractor requires, plus one copy which will be retained by Architect and Owner. Furnish additional copies when directed. F. Submit under transmittal letter form specified in Section 013300. 1.5 QUALITY ASSURANCE A. Scheduler: Contractor's personnel or specialist Consultant specializing in CPM scheduling with five years minimum experience in scheduling construction work of a complexity comparable to this Project, and having use of computer facilities capable of delivering a detailed graphic printout within 48 hours of request. 1.6 SCHEDULE FORMAT A. Listings: In chronological order according to the start date for each activity. Identify each activity with the applicable specification section number. B. Diagram Sheet Size: Maximum 11 x1 7 inches or width required. C. Sheet Size: Minimum of 8-1/2 x 11 inches, Maximum of 24" x 36". D. Scale and Spacing: To allow for notations and revisions. 1.7 START OF CONSTRUCTION SERVICES A. Construction services as specified herein shall commence upon issuance of the Letter of Intent to Award a Construction Contract. PART 2 — PRODUCTS - NOT USED PART 3 — EXECUTION 3.1 PRELIMINARY SCHEDULE A. Prepare (preliminary) schedule in the form of a horizontal bar chart. 23-011 CONSTRUCTION PROGRESS SCHEDULE 013218 - 1 SECTION 013218 CONSTRUCTION PROGRESS SCHEDULE B. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. C. Identify each item by specification section number. D. Identify work of separate stages and other logically grouped activities. E. Provide sub -schedules for each stage of Work identified in Section 011000. F. Provide sub -schedules to define critical portions of the entire schedule. G. Include conferences and meetings in schedule. H. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. I. Provide separate schedule of submittal dates for shop drawings, product data, and samples, owner -furnished products, Products identified under Allowances, and dates reviewed submittals will be required from Architect. Indicate decision dates for selection of finishes. J. Indicate delivery dates for owner -furnished products. K. Coordinate content with schedule of values specified in Section 012900. L. Provide legend for symbols and abbreviations used. 3.2 BAR CHARTS A. Include a separate bar for each major portion of Work or operation. B. Identify the first work day of each week. 3.3 NETWORK ANALYSIS A. Prepare network analysis diagrams and supporting mathematical analyses using the Critical Path Method. B. Illustrate order and interdependence of activities and sequence of work; how start of a given activity depends on completion of preceding activities, and how completion of the activity may restrain start of subsequent activities. C. Mathematical Analysis: Tabulate each activity of detailed network diagrams, using calendar dates, and identify for each activity: 1. Preceding and following event numbers. 2. Activity description. 3. Estimated duration of activity, in maximum 15 day intervals. 4. Earliest start date. 5. Earliest finish date. 6. Actual start date. 7. Actual finish date. 8. Latest start date. 9. Latest finish date. 10. Total and free float; float time shall accrue to Owner and to Owner's benefit. 11. Monetary value of activity, keyed to Schedule of Values. 12. Percentage of activity completed. 13. Responsibility. D. Analysis Program: Capable of compiling monetary value of completed and partially completed activities, accepting revised completion dates, and re -computation of all dates and float. E. Required Reports: List activities in sorts or groups: 1. By preceding work item or event number from lowest to highest. 2. By amount of float, then in order of early start. 3. By responsibility in order of earliest possible start date. 4. In order of latest allowable start dates. 5. In order of latest allowable finish dates. 6. Contractor's periodic payment request sorted by Schedule of Values listings. 7. Listing of basic input data which generates the report. 8. Listing of activities on the critical path. 23-011 CONSTRUCTION PROGRESS SCHEDULE 013218 - 2 SECTION 013218 CONSTRUCTION PROGRESS SCHEDULE 3.4 REVIEW AND EVALUATION OF SCHEDULE A. Participate in joint review and evaluation of schedule with Architect at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. C. After review, revise as necessary as result of review, and resubmit within 5 days. 3.5 UPDATING SCHEDULE A. Maintain schedules to record actual start and finish dates of completed activities. B. Indicate progress of each activity to date of revision, with projected completion date of each activity. C. Annotate diagrams to graphically depict current status of Work. D. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. E. Indicate changes required to maintain Date of Substantial Completion. F. Submit reports required to support recommended changes. G. Provide narrative report to define problem areas, anticipated delays, and impact on the schedule. Report corrective action taken or proposed and its effect including the effects of changes on schedules of separate contractors. 3.6 DISTRIBUTION OF SCHEDULE A. Distribute copies of updated schedules to Contractor's project site file, to Subcontractors, suppliers, Architect, Owner, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections shown in schedules. END OF SECTION 23-011 CONSTRUCTION PROGRESS SCHEDULE 013218 - 3 SECTION 013300 ADMINISTRATIVE REQUIREMENTS PART 1 — GENERAL 1.1 SECTION INCLUDES A. Preconstruction meeting. B. Site mobilization meeting. C. Progress meetings. D. Construction progress schedule. E. Progress photographs. F. Coordination drawings. G. Submittals for review, information, and project closeout. H. Number of copies of submittals. I. Submittal procedures. 1.2 RELATED SECTIONS A. Document 007213 - General Conditions: Dates for applications for payment. B. Section 011000 - Summary: Stages of the Work, Work covered by each contract, occupancy. C. Section 012900 - Price and Payment Procedures: D. Section 013218 - Construction Progress Schedule: Form, content, and administration of schedules. E. Section 017300 - Execution Requirements: Additional coordination requirements. F. Section 017700 - Closeout Submittals: Project record documents. 1.3 PROJECT COORDINATION A. Project Coordinator: Contractor. B. Cooperate with the Contractor in allocation of mobilization areas of site; for field offices and sheds, for access, traffic, and parking facilities. C. During construction, coordinate use of site and facilities through the Contractor. D. Comply with procedures for intra-project communications; submittals, reports and records, schedules, coordination drawings, and recommendations; and resolution of ambiguities and conflicts. E. Comply with instructions of the Contractor for use of temporary utilities and construction facilities. 1. Direct and check-out of utilities, operational systems, and equipment. 2. Record dates of start of operation of systems and equipment. F. Coordinate field engineering and layout work under instructions of the Contractor. G. Develop and implement procedure for review and processing of applications for progress and final payments: Submit recommendation to Architect for Certification to Owner for Payment. H. Establish on -site lines of authority and communication; schedule and conduct project meetings among: 1. Owner's Representative. 2. Architect. 3. Subcontractors. I. Cost Control: 1. Maintain cost accounting records for authorized work performed under Unit Costs. 2. Develop and implement procedure for review and processing of applications for progress and final payments: Submit recommendation to Architect for Certification to Owner for Payment. J. Administer processing of: 1. Shop drawings, product data and samples. 2. Field drawings. 3. Coordination drawings. 4. Closeout submittals. 23-011 ADMINISTRATIVE REQUIREMENTS 013300 - 1 SECTION 013300 ADMINISTRATIVE REQUIREMENTS K. Maintain Reports and Records at Job Site: 1. Daily log of progress of work, available to Architect and Owner. 2. Verify that all subcontractors maintain record documents on a current basis. 3. At completion of Project, assemble record documents from all subcontractors and deliver to the Architect in accordance with Section 017700. 4. Assemble documentation for handling of claims and disputes. L. Contractor to verify that specified cleaning is done during progress of work and at the completion of each subcontractor's work. M. Make the following types of submittals to Architect through the Project Coordinator: 1. Requests for interpretation. 2. Requests for substitution. 3. Shop drawings, product data, and samples. 4. Submittals for information. 5. Test and inspection reports. 6. Design data. 7. Manufacturer's instructions and field reports. 8. Applications for payment and change order requests. 9. Progress schedules. 10. Coordination drawings. 11. Closeout submittals. N. Upon contractor's determination of Substantial Completion of work or portion thereof, notify Architect in writing as to project status and request inspection and compilation of punch list of incomplete or unsatisfactory items. O. Upon Architect's Certification of Date of Substantial Completion, supervise correction and completion of work within specified period. P. Upon Contractor's determination that Work is finally complete: 1. Submit written notice to Architect and Owner, that Work is ready for final inspection. 2. Secure and transmit to Architect required closeout submittals as put forth in Section 017700. Q. Contractor to turn over to Architect for approval all items for closeout as put forth in Section 017700. PART 2 - PRODUCTS - NOT USED PART 3 — EXECUTION 3.1 PRECONSTRUCTION MEETING A. Architect will schedule a meeting within 10 days of date of Letter of Intent. B. Attendance Required: 1. Owner. 2. Architect. 3. Contractor: 4. Field Superintendent 5. Project Manager 6. Safety Representative. 7. Contractor's Major Subcontractors. C. Minimum Agenda: 1. Items required to be submitted by Contractor at Preconstruction Meeting: a. Fully executed bonds and Insurance Certificates b. List of major Subcontractors and suppliers. c. Tentative construction schedule. 23-011 ADMINISTRATIVE REQUIREMENTS 013300 - 2 SECTION 013300 ADMINISTRATIVE REQUIREMENTS d. Letter from Project Safety Representative certifying that: he/she will be empowered as the Contractor's Safety Engineer, is responsible for enforcing all safety requirements, and is familiar with the Manual of Accident Prevention in Construction by the Associated General Contractors of America (current edition). Also note that: the Contractor will maintain a copy of said publication on site at all times, and will strictly enforce all applicable requirements noted within. 2. Distribute and discuss documents required to be submitted by Contractor at Preconstruction meeting. 3. Execution of Owner -Contractor Agreement. 4. Identify critical work sequencing. 5. Discussion of schedule of values, and progress schedule. 6. Discussion of list of Subcontractors, list of Products, schedule of values, and progress schedule. 7. Designation of responsible personnel representing the parties to Contract; Owner, Architect and Contractor. 8. Establish chain of Authority. 9. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 10. Scheduling. a. Discuss major equipment deliveries and priorities. 11. Review of use of premises: a. Office and storage areas. b. Access to site and facilities. 12. Owner's requirements. 13. Security procedures. 14. Review requirements of and procedures for maintaining record documents. 15. Architect will record minutes and distribute copies within five days after meeting to participants, with copies to Contractor, Owner, participants, and those directly affected by decisions made. 3.2 PROGRESS MEETINGS A. Contractor will schedule and administer meetings throughout progress of the Work at maximum bi-monthly intervals. B. Contractor will make arrangements for meetings, prepare agenda with copies for participants 5 business days in advance of meeting date, preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Architect, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. 14. Process Payment Requests Monthly. E. Contractor shall record minutes and distribute copies within Five (5) calendar days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. 23-011 ADMINISTRATIVE REQUIREMENTS 013300 - 3 SECTION 013300 ADMINISTRATIVE REQUIREMENTS 3.3 CONSTRUCTION PROGRESS SCHEDULE -See Section 013218 3.4 COORDINATION DRAWINGS A. Conduct coordination meetings in accordance with each respective section as work progresses. Contractor shall coordinate with Architect for such meetings. B. Provide information required by Contractor for preparation of coordination drawings. C. Review drawings prior to submission to Architect. 3.5 SUBMITTALS FOR REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Shop drawings. 3. Samples for selection. 4. Samples for verification. B. Submit to Architect for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 017700 - CLOSEOUT SUBMITTALS. E. Samples required for color, texture, and/or finish selections must be submitted as a physical representation of the available selections. Electronic color charts will not be accepted. 3.6 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. 7. Other types indicated. B. Submit for Architect's knowledge as contract administrator or for Owner. 3.7 SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Lien Waivers. 6. Other types as indicated. B. Submit for Owner's benefit during and after project completion. 3.8 NUMBER OF COPIES OF SUBMITTALS A. Documents for Review or for information: 1. The Contractor has the option of providing Submittals for review or for information either as a hard copy or electronically as outlined below. 2. If Submittal is provided as a hard copy: a. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Architect. 3. If Submittal is provided electronically: a. Deliver one copy of submittal to Architect via email or Compact Disc in PDF file format. 23-011 ADMINISTRATIVE REQUIREMENTS 013300 - 4 SECTION 013300 ADMINISTRATIVE REQUIREMENTS b. At Architect's discretion, the reviewed submittal, with any corrections, will be returned as one electronic copy in PDF format, or as one hard copy delivered to the Contractor. B. Documents for Project Closeout: Shall be submitted as hard copies only. Make one reproduction of submittal originally reviewed. Submit one extra of submittals for information. C. Samples: Submit the number specified in individual specification sections; one of which will be retained by Architect. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated. 3.9 SUBMITTAL PROCEDURES A. Sequentially number the transmittal form and clearly indicate the respective specification section number for reference. Revise submittals with original number and a sequential alphabetic suffix. B. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. C. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. D. Deliver submittals to Architect at business address or via email. E. Schedule submittals to expedite the Project, and coordinate submission of related items. F. For each submittal for review, allow 10 days excluding delivery time to and from the Contractor. G. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. H. Provide space for Contractor and Architect review stamps. I. Shop drawings which incorporate, in part or in whole, direct reproductions of the contract documents, are not acceptable and will be returned, without review, to the contractor, for resubmittal. J. All shop drawings which are poorly prepared or handwritten will be returned, without review, to the contractor for resubmittal. Architect's determination of properly prepared shop drawings is final. K. Electronic Media/Files 1. Construction drawings for this project have been prepared by the Architect and Engineer utilizing the following Computer Aided Drawing (CAD) System: Auto Cad Release 2015. 2. Contractors and Subcontractors may purchase electronic media files of the Contract Documents. 3. Upon request to purchase electronic media or files, the Contractor shall complete the "Request for Electronic Drawing Files" issued by the Architect and issue the appropriate fee to the Architect. 4. Sheets can be formatted to provide background information only, background plus various layers of equipment; or of complete sheets as issued for construction. 5. The Contractor may utilize these CAD Drawings in the preparation of their Shop Drawings and as built drawings only. 6. The information issued is provided in a good faith effort to expedite the Project and simplify the efforts of the Contractor with no guarantee by the issuer as to the accuracy or correctness of the information provided. The Architect accepts no responsibility or liability for the Contractor's or subcontractor's use of these CAD documents. 7. The use of these CAD documents by the Contractor(s) does not relieve them of their responsibility to field measure existing conditions and to properly fit the work to the Project. 8. These documents will be provided when purchased for the convenience of the Contractor and this Project. Ownership and use of the issued documents are governed by the terms of the General Conditions. 23-011 ADMINISTRATIVE REQUIREMENTS 013300 - 5 SECTION 013300 ADMINISTRATIVE REQUIREMENTS L. Submittals 1. Submit all submittals within 21 calendar days after date of Letter of Intent. Failure to do so may cause scheduled contractor payments to be withheld. 2. Submit all manufacturer's letter's confirming prompt ordering of all material and equipment within 21 calendar days after date of Letter of Intent. Failure to do so may cause scheduled contractor payments to be withheld. Confirmation Letters are to include the following: a. Order date. b. Manufacturing date. c. Delivery date. d. Confirmation that no factors will deter delivery on schedule. e. Any other pertinent information. 3. Submit four prints of shop drawings, and number of copies of product data and samples which Contractor requires for distribution and future submission under Section 017300 plus one copy which will be retained by Architect. 4. Submit number of samples specified in each of specification sections. 5. Accompany submittals with transmittal letter, in duplicate, containing: a. Date. b. Project title and number. c. Contractor's name and address. d. Relevant Specification section number. e. The number of shop drawings, product data and samples submitted. f. Notification of any deviations from Contract Documents. g. Other pertinent data. 6. Submittals shall include: a. Date and revision dates. b. Project title and number. c. Names of: 1) Architect 2) Architect's consultant(s) 3) Subcontractor 4) Sub -subcontractor. 5) Supplier. 6) Manufacturer. 7) Separate detailer when pertinent. d. Identification of product or material. e. Relation to adjacent structure or material. f. Field dimensions, clearly identified as such. g. Specification section and page number. h. Specified standards, such as ASTM number or Federal Specification. i. A blank space, 4" x 6" for Architect's stamp. j. Identification of previously approved deviation(s) from Contract Documents. k. Identification of color selections required and color selection charts. 7. All shop drawing submittals received by the Architect which do not bear the contractor's approval stamp and initials or signatures will be returned, without review, to the contractor, for resubmittal. 8. All shop drawing submittals which do not contain a reproducible transparency set of the submittal will be returned without review, to the contractor, for resubmittal. M. Resubmission Requirements 1. Shop Drawings: a. Definition: Shop Drawings are original drawings prepared by Contractor, subcontractor, sub -subcontractor, supplier, or distributor, which illustrates some portion of the work, showing fabrication, layout, setting or erection details. b. Revise initial drawings as directed and resubmit in accordance with submittal procedures. 23-011 ADMINISTRATIVE REQUIREMENTS 013300 - 6 SECTION 013300 ADMINISTRATIVE REQUIREMENTS c. Indicate on drawings all changes which have been made in addition to those requested by Architect. d. Clearly indicate by revision number and date, each resubmittal of each shop drawing. e. When revised for resubmission, identify all changes made since previous submission. f. Shop drawings which incorporate, in part or in whole, direct reproductions of the contract documents, will NOT be accepted and will be returned without review. 2. Product data and samples: Submit new data and samples as specified for initial submittal. 3. Make all resubmittals within 10 business days after date of Architect's previous review. N. Distribution of Submittals After Review 1. Contractor will distribute copies of shop drawings and product data which carry Architect's stamp to: a. Contractor's file. b. Job site file. c. Record documents file. d. Subcontractors. e. Suppliers. f. Fabricators. g. Other contractors as required. 2. Distribute samples as directed in accordance with Contract Documents. 3. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. O. Contractor Responsibilities 1. Review shop drawings, product data and samples prior to submission to the next level of authority. 2. Verify: a. Field dimensions and drawing dimensions. b. Field construction criteria. c. Catalog numbers and similar data. d. Compliance of items submitted with Contract Documents. e. Dimensions and elevations requirements necessary to properly install product. 3. Coordinate each submittal with requirements of: a. The Work. b. The Contract Documents. c. The work of other subcontractors. 4. Contractor's responsibility for errors and omissions in submittals is not relieved by Arch itect/Engineer's review of submittals. 5. Notify Architect in writing prior to submission and specifically on the submittal, of proposed deviations in submittals from contract requirements. 6. Contractor's responsibility for notifying Architect of deviations and for correcting deviations not properly identified in submittals is not relieved by Architect's review of improperly documented submittals. 7. Do not begin any work which requires submittals without having Architect's stamp and initials or signature indicating review. 8. After Architect's review, make response required by Architect's stamp and distribute copies. Indicate by transmittal that copy of approved data has been distributed. 9. Subcontractors: a. Subcontractors send their submittals to the Contractor. b. Contractor reviews and initials submittals for compliance with scope, coordination and integration with the work of all other subcontractors. c. Contractor transmits his reviewed copies of subcontractor's submittals to Architect. d. Contractor retains copy of submittals after review by Architect and distributes copies to submitting subcontractor and to other subcontractors for coordination and integration. e. Contractor: Enforce resubmission requirements. 23-011 ADMINISTRATIVE REQUIREMENTS 013300 - 7 SECTION 013300 ADMINISTRATIVE REQUIREMENTS P. Architect's Duties 1. Review submittals within 10 business days. 2. Review for compliance to design concept of project. 3. Review all requests for proposed deviations. Obtain Owner's concurrence and respond to Contractor's request. 4. Review of separate item does not constitute review of an assembly in which item functions. 5. Affix stamp, date, and initials or signature certifying to review of submittal, and with instructions for contractor response. 6. Return submittals to Contractor for response or distribution. 7. Select product colors upon receipt of all shop drawings and submittals requiring color selections. Q. Submittals not requested will not be recognized or processed. END OF SECTION 23-011 ADMINISTRATIVE REQUIREMENTS 013300 - 8