Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5307
Contract Number: 5307 Vendor: JONES & ROBERTS COMPANY Subject: Kitsap Conference Center Expansion Project Department: Public Works File Class: LEG 12 -1 Begin Date: 10/17/2013 End Date: 3/31/2014 Review Date: 4/30/2014 Vault Date: 2014 Comments: CO #001 11/26/13; CO #002 11/26/13; CO #003 12/17/13; CO #004 12/31/13; CO #005 12/31/13; CO #006 2/6/14; CO #007 2/18/14; CO #008 3/10/14. e I :_ I Document G701 TM -2001 Change Order .. PROJECT (,Vame and address) CHANGE ORDER NUMBER 007 OWNER City of Bremerton Kitsap Conference DATE February 18, 2014 ,. Center Expansion ARCHITECT Bremerton WA ' CONTRACTOR TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER 2012224 01 FIELD ❑ I Jones & Roberts Company � j CONTRACT DATE: October 17, 2013 PO Box 1488 CONTRACT FOR: General Construction OTHER Olympia, WA 98507 . THE CONTRACT IS CHANGED AS FOLLOWS: (include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) i Revise date of Substantial Completion per below The original Contract Sum was f 746,900 00 The net change by previously authorized Change Orders $ 18,716 00 The Contract Sum prior to this Change Order was $ 765,616 00 The Contract Sum will be increased by this Change Order in the amount of $ 000 . • - Ttic new Contract Sum including this Change Order will be $ 765,616 00 i The Contract Time will be increased by Thirty two (32) days The date of Substantial Completion as of the date of this Change Order therefore is March 14, 2014 i NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and i Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. .` ce Fergus Miller, Inc Jones & Roberts Company City of Bremerton ARCHITECT (Firm name) CONTRACTOR ()rm name) OWNER (Firm name) 275 5th Street, Suite 100, Bremerton, WA PO Box 1488, Olympia, WA 98507 100 Oyster Bay Avenue N, Bremerton, 98337 WA 98312 .. .. WADDRE ,• AD DRESS AD ES 4 � r ure) .. _ - BY (Signature) BY (Signs re) Ronald Easterday Robert E Roberts Ma r Pa t (Typed name) (Typed name) (7)ped name) 2lpl•(4r- .. 2 - / / Y DATE DATE DATE AIA Document 6701 "' — 2001 Copyright 01979, 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This Ale Document Is protected by U S Copyright Law and International Trestles Unauthorized reproduction or distribution of this Ale Document; or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 11 21 23 on 02118/2014 under Order No 9515139220_1 which expires on 111080014, and Is not far resale User Notes (1634095201) A Document G701Tm — 2001 Change Orrder .. PROJECT (Nameandaddiess) CHANGE ORDER NUMBER 008 OWNER I City of Bremerton Kitsap Conference DATE' March 10, 2014 ARCHITECT Z Center Expansion Bremerton WA CONTRACTOR R T TO CONTRACO (Name and address) ARCHITECTS PROJECT NUMBER. 2012224 01 j FIELD ❑ Jones & Robert's Company CONTRACT DATE: October 17, 2013 PO Box 1488 • / OTHER Olympia, WA 98507 t / CONTRACT FOR General Construction I I i / .' THE CONTRACT IS / CH i ANGED /AS FOLLOWS /(include, where applicable, any uirdisputed amount attributable to previously executed Construction Change Directives) % Pan door frame rcwork Port to Port char to mods exis frame 319A. Blank existing ASA strike . ti'Y� Be modif B B prep, prep for new D L t / strike to match deadbolt location on door x The original Contract Sum was $ 746,900 00 ,\ The net change by previously authorized Change Orders f 18,716 00 i The Contract Sum prior to this Change Order was $ 765,616 00 .Tfie Contract will be increased by this Change Order in the amount of f 46000 The new Con tract Sum including this Change Order will be S 766,076 00 I • /'The Contract Time will be increased by Zero (0) days i The date of Substantial Completion as of the date of this Change Order therefore is March 14, 2014 .._.._ -- NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by,Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive j NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. R ice Fergus Miller, Inc Jones At Roberts Company City of Bremerton ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 275 5th Street, Suite 100, Bremerton, WA PO Box 1488, Olympia, WA 98507 100 Oyster Bay Avenue N , Bremerton, 98337 WA 98312 r �.. ADDRESS ADD 1 BY (Sigiiature) BY (Signature) BY (Sign! e x Ronald Fasterday Robert F Roberts Patty Lent, Mayor ( Tjped name)..,. , .. ( Tjped name) (Typed name) `. 31l(VI4 3112� ,4 M34 - - - DATE - - - - -- -- DATE DATE i ALA Document 0701 — 2001 Copyright ® 1979, 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This AIA Dominant Is protected by U S. Copyright Law and international Troades. Unauthorized reproduction or distribution of this AIO Dominant, or any 1 portion of It, may result to severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law This document was produced by AIA software at 13 31 05 on 0 311 012 01 4 under Order No 95151392201 which expires an 11108/2014, and Is not for resale User Notes (912543051) i JONES & ROBERTS COMPANY JOB NAME Kitsap Conference Center Expansion CHANGE ORDER PROPOSAL NUMBER: COP 09 DESCRIPTION OF THE WORK: Modirry (E) Frame for Dead Bolt. REQUESTED BY: DATE REQUESTED: Jones and Roberts Work J&R Labor (from Detail Sheet) $0.00 J &R Small Tools: (3% Direct Labor) $0.00 J &R Supervision: (0% Direct Labor) $0.00 J &R Material (from Detail Sheet) $0.00 >>> $0.00 10% Fee on Labor & Material $0.00 Subcontract Work Subcontract Total (from Detail Sheet) $412.00 8 0 /o Fee on Subcontract Work $32.96 SUBTOTAL $444.96 3.75% Bond & Insurance $15.57 Credit For Wer-k Deleted so--w Subtotal $46053 Grand Total $460 Submitted by Forrest Roberts Date 2/24/2014 The Scope of work is limited to the Items included in this cost proposal. No other work is included. No Action will be taken until written approval has been received. Proposal is subject to withdrawal or revision if not accepted within 30 days. KCCE COP 09 i HARDWARE BUILDERS' HARDWARE & SUPPLY COMPANY, INC. ee 151615th Avenue West • PO Box C•79005 Seattle, WA 98119 -3130 Toll Free: 800- 999.5158 q� Photo: 206- 281 -3700 • Fa: 206 -281 -3747 • Cwlteut Fan 206 -281 -3717 so QUOTATION Date: 2/24/14 Contractor. Jones & Roberts Attentlon: Steve Mohler Subject: Kitsap Conference Center Expansion We are pleased to offer you a quote for the above - referenced project: QUANTITY DESCRIPTION OF CHANGES AMOUNT 1 Port To Port charge to modify Existing frame 319A $412.00 3 Blank existing; ASA Strike prep, prep for new D.L strike to Match new deadboh locatlon on door. r i i QUOTE TOTAL EMUDE IWAUATM MUOESRONO, NOSAIESTAxINCUOEm ALL PRKES QUOTEDAIEMWFORA PERIODOFnRRTYDAYS. QUMWP10CBRMW70 IMMEDWYEREVISM WSTEn, AWNRMAIy OTHER MFFALS OR WOODSURGNRGES W MIT 2 REMNMW ALLnERE000TEDRNSTO AAUECTTOPMOR WE THAW YOUFOR TMS OPPOAnarYOFQUOTUATAND TRUSTWEMAYFMVE THE P/FASUREOFSERVING YOU. I loft � / / | | / � � � ! | | � / ! ' � � � � � | | 1516 15th Avenue Wen e FO Box G79005 Phone: 20&281-3700 - Fax; 2o6-28i-3747 Con Fmc 206-281-3717 so Lead time. Please call mdth any questions Bruce Dickey ! 2*w2 ! � ' Contract Number: 5307 Vendor: JONES & ROBERTS COMPANY Subject: Kitsap Conference Center Expansion Project Department: Public Works File Class: LEG 12 -1 Begin Date: 10/17/2013 End Date: 3/31/2014 Review Date: 4/30/2014 Vault Date: 2014 Comments: CO #001 11/26/13; CO #002 11/26/13; CO #003 12/17/13; CO #004 12/31/13; CO #005 12/31/13; CO #006 2/6/14 t 9-p-AIA Document G701 - 2001 Change Order PROJECT (Name and address) CHANGE ORDER NUMBER. 001 OWNER ED City of Bremerton Kitsap Conference DATE' November 12, 2013 ARCHITECT Center Expansion Bremerton WA CONTRACTOR TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER 2012224 01 FIELD ❑ Jones & Roberts Company CONTRACT DATE October 17, 2013 PO Box 1488 CONTRACT FOR General Construction OTHER Olympia, WA 98507 THE CONTRACT IS CHANGED AS FOLLOWS (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Reference M2 03 3rd Floor Plumbing Plan and Addendum 2 and 3 Delete (2) grease traps added per Addendum #1 Route waste from Pre -rinse sink and from Beverage sink down to existing kitchen dram piping leading to existing building grease trap Existing grease dram piping located below first floor Reference Base Building Plumbing Drawings issued for Refernce with Addendum 2 Route grease dram piping down parallel with new sanitary drain per Addendum 2 Increase size of new chase on First and Second floors that was added in Addendum 2 to accommodate the added drain line The original Contract Sum was $ 746,900 00 The net change by previously authorized Change Orders $ 000 The Contract Sum prior to this Change Order was - 746,90000 The Contract Sum will be increased by this Change Order in the amount of $ 5,71000 The new Contract Sum including this Change Order will be $ 752,610 00 The Contract Time will be increased by Zero (0) days The date of Substantial Completion as of the date of this Change Order therefore is February 10, 2014 NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Rice Fergus Miller, Inc Jones & Roberts Company City of Bremerton ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 275 5th Street, Suite 100, Bremerton, WA PO Box 1488, Olympia, WA 98507 100 Oyster Bay Avenue N, Bremerton, 98337 WA 98312 77 ADDRESS ADDRESS BY (Signature) BY (Sig / •�•!�� Y (Signs ) Ronald Easterday Robert E Roberts Chal A. Martin (Typed name) (Typed name) (Typed name) Ol t-3 11 //41 DATE DAT DAB — ' AIA Document G701 Tu — 2001 Copyright 01979, 1987, 2000 and 2001 by The American Insbtute of Architects All ridirts rese ed WARNING This AIA Document is protected by U S Copyright Low and International Treaties Unauthorized reproduction or distribution of this Ale Document, or an � portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 1614 05 on 11/12/2013 under Order No 9515139220_1 which expires on 11/08/2014, and is not for resale User Notes (1248358962) JONES & ROBERTS COMPANY JOB NAME- Krtsap Conference Center Expansion CHANGE ORDER PROPOSAL NUMBER PR 02 DESCRIPTION OF THE WORK. Delete Grease Traps and Revise Waste Piping REQUESTED BY: DATE REQUESTED: Jones and Roberts Work J &R Labor (from Detail Sheet) $235.40 J &R Small Tools: (3% Direct Labor) $706 J &R Supervision- (0% Direct Labor) $0.00 J &R Material (from Detail Sheet) $0.00 >>> $242 46 10% Fee on Labor & Material $24.25 Subcontract Work Subcontract Total (from Detail Sheet) $4,861.30 8% Fee on Subcontract Work $388 90 SUBTOTAL $5,516 91 3.75% Bond & Insurance $193 09 Credit For- Wefk Deleted $A-00 Subtotal $5,71000 Grand Total $5,710 Submitted by Forrest Roberts Date 11/5/2013 The Scope of work is limited to the items included in this cost proposal. No other work is included. No Action will be taken until written approval has been received. Proposal is subject to withdrawal or revision if not accepted within 30 days. I KCCE COP 02 Jones & Roberts Company General Contractors Change Order Proposal Detail Sheet Project Name Kitsap Conference Center Expenslon Owner City of Bremerton Project # Architect Rice Fergus Miller COP# PR 02 Description of the Work Comments Delete Grease Traps and Revise Waste Pipin Material Labor # Line Item Description Quantity Unit $ /Umt Total Mat Hrs /Unit Total Hrs Rate Total Labor Subcontract 1 Burk Mechanical $0.00 - $ 58 85 $000 $4,861.30 2 J &R Coordination $0.00 400 $ 58 85 $23540 3 $000 - $ 58 85 $000 4 $000 - $ 5885 $0.00 5 $0.00 - $ 58 85 $0.00 6 $0.00 - $ 58 85 $000 7 $000 - $ 58.85 $000 8 $000 - $ 5885 $000 9 - $000 - $ 58.85 $0.00 10 $000 - $ 58.85 $000 11 $0.00 - $ 58.85 $0.00 12 $0.00 - $ 58 85 $000 13 $0.00 - $ 58.85 $000 14 $0.00 - $ 58 85 $0.00 Totals $0.00 400 $23540 $4,86130 U L.J PRICE MECHANICAL 7583 Clover Valley Rd SE Port Orchard, WA 98367 Phone 360 -561 -8056 Date. 10/31/2013 TO: JONES AND ROBERTS FOR: KITSAP CONFERENCE CENTER DESCRIPTION QUANTITY LABOR MATERIAL AMOUNT 3" % Bend's 2 10.98 2196 3" Short Sweep 2 1846 3692 4x3 Combo 1 1698 16.98 3" 45 2 1269 25.38 2" 45 2 1085 2170 3" Short Sweeps 4 16.45 6580 3x2 Wye 2 1689 3378 3" Strut Clamps 4 249 996 3" Hangers 4 268 992 15/8 unistrut 10 2489 24890 3" pipe ci 80 800 64000 Core Drill 1 350.00 35000 Labor 58hrs 11000 6,38000 Total 7,861.30 Credit - Grease Interceptors 2 $142250 - 2845.00 Credit - Labor 15 11000 -15500 i Make all checks payable to Burk Mechanical TOTAL 4,861.30 THANK YOU FOR YOUR BUSINESSI I * Document G701 TM -2001 Change Order PROJECT (Name and address) CHANGE ORDER NUMBER 002 OWNER City of Bremerton Kitsap Conference DATE November 12, 2013 ARCHITECT Center Expansion Bremerton WA CONTRACTOR TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER 2012224 01 FIELD ❑ Jones & Roberts Company CONTRACT DATE October 17, 2013 PO Box 1488 CONTRACT FOR General Construction OTHER Olympia, WA 98507 THE CONTRACT IS CHANGED AS FOLLOWS (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Revise hallway wall and door location at Storage 311 per attached sketches Extend new carpet and base into new alcove Provide new GWB soffit per attached In Storeage 311, delete (1) RA light fixture Provide (2) LA fixtures in new soffit in hallway Provide (1) duplex receptacle and (1) three port data jack on east wall of new alcove The original Contract Sum was $ 746,900 00 The net change by previously authorized Change Orders $ 5,71000 The Contract Sum prior to this Change Order was $ 752,610 00 The Contract Sum will be increased by this Change Order in the amount of $ 4,15500 The new Contract Sum including this Change Order will be $ 756,765 00 The Contract Time will be increased by Zero (0) days The date of Substantial Completion as of the date of this Change Order therefore is February 10, 2014 NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Rice Fergus Miller, Inc Jones & Roberts Company City of Bremerton ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 275 5th Street, Suite 100, Bremerton, WA PO Box 1488, Olympia, WA 98507 100 Oyster Bay Avenue N , Bremerton, 98337 WA 98312 ADDR ADDRESS ADD SS `iL1� BY (Signature) BY (Signature) BY ( Signatur Ronald Easterday Robert E Roberts Chal A Martin (Typed name) (Typed name) (Typed name) It 21 3 111 11 zlyl( 3 DATE DATE DATA— 7— AIA Document G701 TM — 2001 Copyright 01979, 1987, 2000 and 2001 by The American Institute of Architects Adrights 4served WARNING This NO Document Is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this Al Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 16 21 36 on 11/12/2013 under Order No 9515139220_1 which expires on 11/08/2014, and is not for resale User Notes (1900241257) JONES & ROBERTS COMPANY JOB NAME. Kttsap Conference Center Expansion CHANGE ORDER PROPOSAL NUMBER COP 03 DESCRIPTION OF THE WORK Create new alcove at Storage 311 REQUESTED BY: DATE REQUESTED Jones and Roberts Work J &R Labor (from Detail Sheet) $353 10 J &R Small Tools (3% Direct Labor) $10.59 J &R Supervision (0% Direct Labor) $000 J &R Material (from Detail Sheet) $000 >>> $363.69 10% Fee on Labor & Material $36.37 Subcontract Work Subcontract Total (from Detail Sheet) $3,34674 8% Fee on Subcontract Work $267.74 SUBTOTAL 1 $4,014.54 3 75% Bond & Insurance $140 51 Subtotal $4,155 05 Grand Total 1 $4,155 Submitted by Forrest Roberts Date 11/11/2013 The Scope of work is limited to the items included in this cost proposal. No other work is included. No Action will be taken until written approval has been received. Proposal is subject to withdrawal or revision if not accepted within 30 days. KCCE COP 03 Jones & Roberts Company • General Contractors Change Order Proposal Detail Sheet Project Name Kitsap Conference Center Expension Owner City of Bremerton Project # Architect Rice Fergus Miller COP# COP 03 Description of the Work Comments Create new alcove at Storage 311 Matenal Labor # Line Item Description Quantity Unit $ /Unit Total Mat Hrs /Unit Total Hrs Rate Total Labor Subcontract 1 J &R Additional Demolition & Layout $000 600 $ 58.85 $353 10 2 Olympic Ints Framing, Drywall & Sound Batts $000 - $ 58.85 $0.00 $1,235 00 3 Great Floors Additional Floonng 1 $000 - $ 58 85 $0.00 $31380 4 Quality Painting Added Paint Soffit & Ceiling $0.00 - $ 58 85 $0.00 $261 11 5 Acoustical Design Delete Ceiling Tile 1 $000 - $ 5885 $0.00 - $58.60 6 J &M's Electnc Lighting Change and Elect Adds $000 - $ 58.85 $000 $1,34022 7 Emerald Fire Additional S nnkler Head $0 00 - $ 58.85 $0.00 $25521 8 $0.00 - $ 58.85 $0.00 9 $0.00 - $ 58.85 $0.00 10 $0.00 - $ 58.85 $0.00 11 $000 - $ 58 85 $0.00 12 $0.00 - $ 58.85 $0.00 13 $000 - $ 58.85 $0.00 14 $0.00 - $ 58 85 $000 Totals $0.00 600 $353 10 $3,34674 Olympic Interiors 815 South 336th Street Federal Way, WA 98003 Phone- 253 - 926 -5526 Fax- 253 - 926 -5589 To Jones And Roberts Company- Forrest Roberts `Fax: Phone: 360 456 -4311 October 30, 2013 Proposal Request Kitsap Conference Center PR #003 Cost impact for changes to Door 311. 1. Deduct 10 IN of Wall Type C6- ($270.00) 2. Add 10 IN of Wall Type C 1- $810.00 3. Add 1 10 IN of soffit and vertical drop- Add $695.00 Total Add $1,235.00 Please feel to call with questions. iNc LIJnES WSOL- A - notJ. Thanks. Paul Stone Estimator/ Project Manager OR T FLOO s - Commercial sales Change Order Proposal PR03 Date: 10/30/13 To: Jones & Roberts Company Site: Kitsap Conference Center Attn: Forrest Roberts Project: Kitsap Conference Center PR03 Item Description qty u/m price extended price section 096813 carpet the 8 sy @ $3200 $25630 installation 8 sy @ $350 $2800 10% P &O on material and labor $2840 5% small tools on labor for small tools L $140 Subtotal $31380 Includes: standard hours labor rates, prevailing wage, freight, and sundries Excludes: any and all floor prep (grinding, leveling, ramping, scraping paint / drywall mud - texture, filling crack over 1/8 inch and depressions larger than 3/4 inch diameter and 1/8 inch deep), skim coating, non standard hours, moisture testing, moisture proofing if needed, protection, initial maintenance on resilient flooring, final cleaning, bonding, and sales tax Michael Pool 206 - 793 -6713 Great Floors Commercial Sales Tel (206) 241 -0229 Fax (206) 241 -2699 • Change Order Breakdown Sheet QUALITY PAINTING LLC PR 003 Kltsap Conference Center 10/28/2013 attn Forrest CCP LABOR worker rate hours description of work peformed subtotal Grand Total journeyman painter $5618 2 paint exterior conc board prime finish $112.36 journeyman painter $5618 $5618 $56.18 $56.18 $56.18 A supervision allowance 15% (15% of labor subtotal) $16.85 safety allowance 2% (2% of labor subtotal $2.24 small tools allowance 5% (5% of labor subtotal) $5.61 Total of labor costs B MATERIAL 137.06 description of material w unit aantity cost subtotal GWB Primer 1 $45.00 $4500 finish paint 1 000 $45.00 $45.00 masking 000$100.00 $0.00 0.00 $42.00 $000 000 $42.00 $0.00 0.00 $42.00 $000 0.00 $42.00 $000 Special shipping or freight costs if applicable 0.00 $42.00 $000 Total of material costs c $90.00 EQUIPMENT rental equipment/owned equipment (RE / OE) unit rate uration subtotal lift truck week 250.00 0.00 $000 delivery and pick up week 140 00 0.00 $000 pressure washer week 125.00 0.00 $0.00 Total of equipment costs E Subtotal of Labor Material Equipment before mark -ups $227.06 MARK -UPS Fee _ _ subtot Overhead / Profit Y �. ^ 12% $27.24 Insurance/Bond costs 3% F $6.81 Total Cost for this change in work G $261.11 Change in Time? no Forrest Roberts From: James Chaney [JChaney @acousticaldesigninc com] Sent: Monday, October 28, 2013 1 55 PM To: Forrest Roberts Subject: RE KCCE PR 03 Forrest, Thank you for your consideration with the small credit This area represent a credit amount of $58 60 00 Feel free to contact me with any questions you may have Respectfully James Chaney Acoustical Design Inc (800) 777 -9583 Fax (253) 395 -4332 From: Forrest Roberts [mailto forrest0jonesandroberts com] Sent: Monday, October 28, 2013 12:54 PM To: James Chaney Subject: KCCE PR 03 Hi James, The attached PR deletes a very small amount of ACT It's so small I'm not going to ask you for a credit But the owner will likely push me to provide some sort of credit to balance things out The deleted area is approximately 2 5'x10 Please give me a square foot unit cost that would be appropriate for this Thank you, Forrest Roberts (360) 456 -4311 J&M --",0101 .727 ELECTRIC 253 - 880 -2553 PO Box 8942 Covington WA 98042 Uc# JSELME871N9 CHANGE REQUEST PR 003 COP# 001 Date 10/30/2013 Quoted by Bob The scope of this work is driven by PR 003 documents that were provided on 10/28/2013 The scope is as follows 1 Delete (1) RA fixture 2 Add (2) LA fixtures 3 Add duplex at new alcove 4 Add 3 port data /voice Jack at new alcove Total cost of materials $ 362 00 Cost of light fixtures $ 516 90 Credit for RA fixture $ 8500 Materials sub total $ 793 90 Labor costs S 404 32 Small tools (5% of labor) $ 2016 Mark up 10% $ 12184 Total $1,34022 Total change request Adjusted contract value Date submitted $ 1,340.22 10/29/2013 AM's Representative- AM's signature- Customer signature - Bob Judson gob Judsow 1 P y.a EMERALDFiRE, LLC Fire Sprinkler Specialists 11021 Cramer Road KPN, Gig Harbor, Washington 98329 Ph (253) 857 -2056 — Fax (253) 857 -2312 November 11, 2013 Jones and Roberts Company PO Box 1488 Olympia, Washington 98507 Attention- Forrest Reference Kitsap Conference Center PR 003, Fire Sprinkler Impacts Forrest I reviewed the unpacts of the PR3 work with our engineer and the removal of the partition and the installation of the proposed GWB soffit will require an additional sprinkler be added I have itemized this cost for your review below Labor Engineering 5 hour @ 37 50 $ 1875 Installation, foreman 2 hours @ 82 44 164.88 Materials. pipe, fittings, and sprinkler head 4424 Subtotal $ 22787 Profit and O.H 12% 2734 Total $ 25521 Emerald Fire would respectfully request an additive change order in the amount of $255.00 for the additional work noted above should the proposed PR003 work become a part of the scope of the project Should you have any questions regarding this note, please do not hesitate to contact me Sincerely, Keith Hillstrom e � •_- Document G701 — 2001 Change Order PROJECT (Name and address) CHANGE ORDER NUMBER 003 OWNER ! City of Bremerton Kitsap Conference DATE November 27, 2013 ARCHITECT Center Expansion Bremerton WA CONTRACTOR TO CONTRACTOR (Name and 'address) ARCHITECT'S PROJECT NUMBER 2012224 01 FIELD ❑ Jones & Roberts Company , CONTRACT DATE October 17, 2013 PO Box 1488 / CONTRACT FOR General Construction OTHER Olympia, WA 98507 THE CONTRACT IS CHANGED AS FOLLOWS (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) As described in the attached Work Changes Proposal Request 04, dated November 26, 2013 Provide EMCS Cotrols programming for existing Tansit VAV boxes During Transit area unoccupied mode and 3rd Floor Convention space in occupied mode, program Transit 2nd and 3rd Floor VAV boxes to adjust to minimum airflow required for stable AHU operation Existing VAV -308 to run when either space is in occupied mode The original Contract Sum was J $ 746,900 00 The net change, by previously authorized Change Orders $ 9,86500 The Contract Sum prior to this Change Order was $ 756,765 00 The Contract Sum will be increased by this Change Order in the amount of $ 1,23300 The new Contract Sum including this Change Order will be $ 757,998 00 The Contract7une will be increased by Zero (0) days The date of Substantial Completion as of the date of this Change Order therefore is February 10, 2014 NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authonzed by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Rice Fergus Miller, Inc Jones & Roberts Company City of Bremerton ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 275 5th Street, Suite 100, Bremerton, WA PO Box 1488, Olympia, WA 98507 100 Oyster Bay Avenue N, Bremerton, 98337 WA 98312 ADDRE ADDRES ADDRESS 13 Y (Signature) BY (Signature) BY ignature) Ronald Easterday - Robert E Roberts Mayor Patty (Typed name) (Typed name) (Typed name) tz 12- Y -1-3 1 2 - 1 7-1-3 DATE DATE DATE AIA Document G701 TM — 2001 Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This AIA Document is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 09 33 16 on 11/27/2013 under Order No 9515139220_1 which expires on 11/08/2014, and is not for resale User Notes (2003715682) AIA Document G709Tm - 2001 Work Changes Proposal Request PROJECT (Name and address): PROPOSAL REQUEST NUMBER. 004 OWNER City of Bremerton Kitsap Conference ARCHITECT Center Expansion Bremerton WA DATE OF ISSUANCE: November 26, 2013 CONSULTANT ❑ OWNER (Name and address): CONTRACT FOR: General Construction CONTRACTOR City of Bremerton FIELD ❑ 100 Oyster Bay Avenue N CONTRACT DATE: October 17, 2013 Bremerton, WA 98312 OTHER FROM ARCHITECT (Name and ARCHITECT'S PROJECT NUMBER: address): 2012224 01 Rice Fergus Miller, Inc 275 5th Street, Suite 100 Bremerton, WA 98337 TO CONTRACTOR (Name and address): Jones & Roberts Company PO Box 1488 Olympia, WA 98507 Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein Within Seven (7) days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS DESCRIPTION (Insert a written description of the Work)' Provide EMCS Cotrols programming for existing Tansit VAV boxes During Transit area unoccupied mode and 3rd Floor Convention space in occupied mode, program Transit 2nd and 3rd Floor VAV boxes to adjust to minimum airflow required for stable AHU operation Existing VAV -308 to run when either space is in occupied mode ATTACHMENTS (List attached documents that support descnption). None REQUESTED BY THE ARCHITECT: Ronald Easterday, Principal (Signature) (Printed name and title) AIA Document G709"' — 2001 Copyright ®1993 and 2001 by The American Institute of Architects All rights reserved WARNING This AiA Document is protected by U 8 Copyright Law and Intemationai Treaties Unauthorized reproduction or distribution of this Al a Document, or any portion of It may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 12 59 26 on 11/26/2013 under Order No 9515139220_1 which expires on 11/08/2014, and is not for resale User Notes (796284527) JONES & ROBERTS QOMP NY JOB NAME- Kitsap Conference Center Expansion CHANGE ORDER PROPOSAL NUMBER. COP 04 DESCRIPTION OF THE WORK: PR 04 Controls Revisions REQUESTED BY- DATE REQUESTED Jones and Roberts Work J &R Labor (from Detail Sheet) $11770 J &R Small Tools: (3% Direct Labor) $353 J &R Supervision (0% Direct Labor) $000 J &R Material (from Detail Sheet) $0.00 >>> $121.23 10% Fee on Labor & Material $12 12 Subcontract Work Subcontract Total (from Detail Sheet) $980.00 8% Fee on Subcontract Work 1 $7840 SUBTOTAL $1,191 75 3 75% Bond & Insurance $41 71 Credit For- Work Dele4e $A-A6 Subtotal F $1,233 47 Grand Total $1,233 Submitted by Forrest Roberts Date 11/26/2013 The Scope of work is limited to the items included in this cost proposal. No other work is included. No Action will be taken until written approval has been received. Proposal is subject to withdrawal or revision if not accepted within 30 days. KCCE COP 04 Jones & Roberts Company General Contractors Change Order Proposal Detail Sheet Project Name Kitsap Conference Center Expenslon Owner City of Bremerton Project # Architect Rice Fergus Miller COP# COP 04 Description of the Work Comments PR 04 Controls Revisions Material Labor # Line Item Description Quantity Unit $ /Unit Total Mat Hrs /Unit Total Hrs Rate Total Labor Subcontract 1 J &R Coordination $000 200 $ 58.85 $11770 2 $000 - $ 58.85 $0.00 - 3 $0.00 - $ 58 85 $000 4 $000 - $ 58 85 $0.00 5 $0.00 - $ 58 85 $0.00 6 $000 - $ 58 85 $0.00 7 $000 - $ 5885 $000 8 $0.00 - $ 58 85 $0.00 9 $0.00 - $ 58 85 $0.00 10 $000 - $ 58.85 $0.00 11 $0.00 - $ 58 85 $0.00 12 $000 - $ 58 85 $0.00 1131 $0.00 - $ 58.85 $0.00 1 141 $0.00 - $ 58.85 $000 Totals $0.00 2.00 $117.70 $0.00 MILLER SHEETMETAL, INC PHONE (360) 479 -1737 1642 NAVY YARD HIGHWAY FAX (360) 373 -5529 BREMERTON, WA 98312 CHANGE ORDER CONTRACT Kitsap Conference Center Request # DATE REQUESTED DATE SUBMITTED 11/26/13 MSM # COP#3 DESCRIPTION OF CHANGE This is in Response to PR -4 - see attached *please note - this COP Replaces COP -2* MATERIAL & DESCRIPTION OF COSTS i EXPENSES LABOR EQUIPMENT MATERIALS LABOR SHOP JOURNEYMEN HOURS @ LABOR SHOP FOREMEN HOURS @ LABOR FIELD JOURNEYMEN HOURS @ LABOR FIELD FOREMEN HOURS @ SUBTOTAL TOTALS TOTAL COSTS BEFORE SUBCONTRACTS: SUBCONTRACTS TOTAL COSTS - $875.00 OVERHEAD @ 7% ON Subcontracts $6125 PROFIT @ 5% ON Subcontracts $4375 TOTAL COSTS & PROFITS BEFORE BONDS & INSURANCE $98000 TOTAL PRICE OF CHANGE PROPOSAL $980.00 TOTAL PRICE OF CHANGE PROPOSAL ROUNDED $980 THIS PROPOSAL IS BASED ON STRAIGHT TIME UNLESS OTHERWISE NOTED EXTENSION OF TIME BECAUSE OF THE LABOR HOURS ADDED BY THIS CHANGE ORDER IS WORK DAYS THIS PROPOSAL IS VOID UNLESS NOTIFICATION TO PROCEED IS RECEIVED IN WRITING BY The cost of this change includes only those direct costs which can be identified at this time There are no impact or ripple costs and no delay costs included in this proposal Should it be determined at a later date that we are experiencing impact costs because of multiple changes, delays or causes beyond our control, we will submit those costs at that time The above price assumes work on the change wall be started by Completed by SUBMITTED BY Chits Miller DATE: 11/26/13 APPROVED BY DATE SIGNATURE I&M Office Use Only ❑ APPROVED Written /Verbal ❑ Ent on P B 0 HAS SUB - CHA ❑ EM in C 0 File [] CONTRACT MOD RCVD ❑ Ent in MW & PB OR CCB# 159918 PO Box 10894 Portland, OR 97296 -0894 TEL: 503 2241100 FAX 503 235 8640 WA L&W CASCAH" 044QL �— -*— •-- p- -f• 6037 Beach Drive Southwest a a � Seattle, WA 981364349 x+ ni4Y TEL. 206 9531100 , Y= s FAX 206 333 1100 www cascadehydroair com C hange orderRequest Date 26 November, 2013 COR # Project Kitsap Conference Center Expansion Job # C130930A Section Controls - 230000 Subject Convention Area Control To Miller Sheetmetal Attention Chris Miller Request The new expansion will be physically connected to the Transit EMCS The two systems will not communicate with each other such that control and scheduling graphics screens will not be accessible from the Convention EMCS A dump tag on the Convention Center EMCS will allow access to a "Convention Center Graphic" with proper username and password on the Transit EMCS When the Convention area is in the unoccupied mode new VAV -1 through 5 will go to zero primary air although the other existing Transit VAV's on the third and second floors are in the occupied mode When the Transit area is in the unoccupied mode and the Convention area new VAV's are in the occupied mode the Transit area VAV's will remain in the unoccupied mode with their minimum CFM adjusted downward to allow the existing AHU to run at the minimum flow required for stable operation Existing VAV -308 will run when either space is in the occupied mode Add VAV programming for AHU turndown $87500 TO AVOID DELAY, REPLY BY ASAP Sincerely, Af 71 *V-W� Jay T McCarthy I accept the preceding change and authorize the work to proceed By Signature (print name & title) Date Page 1 of 2 CC 1r® �►1�k �!!� �s'kA�� did R ylW 14 The system will be installed like the submittals indicate with the new,equipment being installed on the Transit center main budding controller or (JACE - Java application control engine) This JACE is connected to the internet using the IP address 173 160 163 45 The Convention center JACE is also connected to the internet using 216 160 122 114 The Convention Center users will have to log into each system separately The users will only see the appropriate information displayed on their computer screen The added costs are associated with the additional programming time to reprogram all of the minimum airflows on the Transit VAV's during the unoccupied schedule so the AHU can run in a stable condition The original proposal had all programming on one JACE using the existing schedule Page 2 of 2 i v TM - - -- =_i -- Document G701 - 2001 - - -- Change Order- PROJECT (Name and address) CHANGE ORDER NUMBER 004 OWNER City of Bremerton Kitsap Conference DATE December 20, 2013 Center Expansion ARCHITECT d Bremerton WA CONTRACTOR } TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER 2012224 01 FIELD El Jones & Roberts Company f CONTRACT DATE October 17, 2013- PO Box 1488 ;' 1 CONTRACT FOR General Construction OTHER I Olympia, WA 98507 t THE CONTRACT IS CHANGED,AS FOLLOWS / (In where applicable, any undisputed amount attributable to previously executed Construction Change Directives) ' Existing 3rd Floor Stair Doors at Stair 1 and Stair 2 Existing doors are solid core wood doors, 90 minute rated, with lever handle hardware and closers, in hollow metal frames, with electric stake on access control system E \ Remove existing mortis e 'lockset and provide new exit device ED5600AL x N9M10 (rated mortise exit device, no dogging, passage lever trim on side) Passage to be free in both directions at all times Existing fail —secure electric strike to remain Kitsap Transit will disable access control system so strike is always latched If door cannot be field modified to maintain rating, provide new rated wood doors /The original Contract Sum was $ 746,900 00 The net change_by-previously authorized Change Orders $ 11,098 00 The Contract +Sum prior to this Change Order was $ 757,998 00 The Contract Sum will be increased by this Change Order in the amount of $ 5,26400 j The new Contract Sum including this Change Order will be $ 763,262 00 The Contract Tune will be increased by Zero (0) days The date of Substantial Completion as of the date of this Change Order therefore is NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have ? been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive r NOT -VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Rice Fergus Miller, Inc Jones & Roberts Company City of Bremerton ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 275 5th Street, Suite 100, Bremerton, WA PO Box 1488, Olympia, WA 98507 100 Oyster Bay Avenue N, Bremerton, 98337 WA 98312 ( AD RE ADDRESS ADD ESS / -- - C BY (Signature) BY (Signature) BY (Signat ) Ronald Easterday Robert E Roberts (Typed name) (Typed name) (Typed name) DAT •�•�� DATE Z /26 11-3 DAT 4s i AIA Document G701 TM — 2001 Copyright ®1979, 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This Al e Document Is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 13 11 on 12/20/2013 under Order No 9515139220_1 which expires on 11/08/2014, and is not for resale User Notes (1836403031) A. JONES & ROBERTS COMPANY JOB NAME Krtsap Conference Center Expansion CHANGE ORDER PROPOSAL NUMBER COP 01 1 DESCRIPTION OF THE WORK. New stairway doors and hardware REQUESTED BY DATE REQUESTED Jones and Roberts Work J &R Labor (from Detail Sheet) $1,00045 J &R Small Tools (3% Direct Labor) $3001 J &R Supervision (0% Direct Labor) $000 J &R Material (from Detail Sheet) $3,59400 >>> $4,62446 10% Fee on Labor & Material $46245 Subcontract Work Subcontract Total (from Detail Sheet) $000 8% Fee on Subcontract Work $000 SUBTOTAL $5,08691 3 75% Bond & Insurance $17804 Cr -edit For «W mote +sa �8 Subtotal $5,26495 Grand Total $5,264 Submitted by Forrest Roberts Date 12/17/2013 The Scope of work is limited to the items included in this cost proposal. No other work is included. No Action will be taken until written approval has been received. Proposal is subject to withdrawal or revision if not accepted within 30 days. KCCE COP 01 1 Jones & Roberts Company General Contractors Change Order Proposal Detail Sheet Project Name Kitsap Conference Center Expension Owner City of Bremerton Project # Architect Rice Fergus Miller COP# COP 01 1 Description of the Work Comments New stairway doors and hardware Matenal Labor # Line Item Description Quantity Unit $ /Unit Total Mat Hrs /Unit Total Hrs Rate Total Labor Subcontract 1 J &R Remove (E) Doors & Hardware $000 200 $ 5885 $11770 2 BH &S Provide New Doors $1,25400 - $ 5885 $000 3 1 J &R Install New Doors $000 300 $ 58 85 $17655 4 1 BH &S Provide New Hardware $2,34000 - $ 5885 $000 5 1 J &R Install New Hardware $000 1200 $ 5885 $70620 6 $000 - $ 5885 $000 7 $000 - $ 5885 $000 $000 8 $000 - $ 5885 $000 9 $000 - $ 5885 $000 10 $000 - $ 58 85 $000 11 $000 - $ 5885 1 $000 12 $000 - $ 5885 $000 13 $0.00 - $ 5885 $000 14 $000 - $ 5885 $000 Totals $3,594.00 1700 $1,00045 $00 12/4/13 BUILDERS HARDWARE & SUPPLY CO 1516 15 Ave west Seattle, Wa 98119 Steve Harwood 206 - 281 -3742 Jones & Roberts Co Attn Forest Roberts Subject Krtsap Conference Center PR001 REVISED Stair doors Price for two new wood doors 90 nun is $ 1,254 00 Price for the two exit devices and lever trims is $ 2,340 00 Thanks Steve Harwood -- - - -- = = Document G701 — 2001 I -- - Change Order, ' PROJECT (Name and address) CHANGE ORDER NUMBER 005 OWNER i ! City of Bremerton tsap Conference DATE December 20, 2013 ARCHITECT { Center Expansion Bremerton WA CONTRACTOR TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER 2012224 01 FIELD ❑ 1 Jones & Roberts Company CONTRACT DATE October 17, 2013 { i PO Box 1488 CONTRACT FOR General Constriction OTHER 1 Olympia, WA 98507 I THE CONTRACT IS CHANGED , AS FOLLOWS l (Include, where applicable, any,undisputed amount attributable to previously executed Construction Change Directives) Reference Conf Prep Kitchen 120 new plumbing chase per Addendum 02 Provide FRP paneling on new chase wall and new sheet - / vinyl cove base with heat welded seams The,ongmal Contract Sum was $ 746,900 00 The net change by previously authorized Change Orders $ 16,362 00 I E The Contract Sum prior to this Change Order was $ 763,262 00 The Contract Sum will be increased by this Change Order in the amount of $ 75300 � The new Contract Sum includin g this Change Order will be $ 764,015 00 The Contract Time will be increased by Zero (0) days The date of Substantial - Completion as of the date of this Change Order therefore is February 10, 2013 { j NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximmn Price which have been authonzed by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive �— NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ; Rice Fergus Miller, Inc Jones & Roberts Company City of Bremerton ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 275 5th Street, Suite 100, Bremerton, WA PO Box 1488, Olympia, WA 98507 100 Oyster Bay Avenue N, Bremerton, 98337 i WA 98312 ' ADDRE S ADDRESS ADDRESS Y (Signature) BY (Signature BY (Sig = Pktf s , � 4 w { Ronald Easterday Robert E Roberts Gar*, & j r,,&V- _(Typed name) (Typed name) (Typed name) _T l2 .1 , 0•l� /2/26 /ice DATE - DATE DATE AIA Document 0701 TM — 2001 Copyright 0 1979, 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This AIA Document Is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 33 53 on 12/20/2013 under Order No 9515139220_1 which expires on 11/08/2014, and is not for resale User Notes (1898925384) L JONES & ROBERTS COMPANY JOB NAME. K tsap Conference Center Expansion CHANGE ORDER PROPOSAL NUMBER COP 05 DESCRIPTION OF THE WORK Finish revisions related to chase work REQUESTED BY DATE REQUESTED Jones and Roberts Work J &R Labor (from Detail Sheet) $117.70 J &R Small Tools (3% Direct Labor) $3 53 J &R Supervision. (0% Direct Labor) $000 J &R Material (from Detail Sheet) $000 >>> $121 23 10% Fee on Labor & Material $1212 —� Subcontract Work Subcontract Total (from Detail Sheet) $55100 8% Fee on Subcontract Work $4408 SUBTOTAL $728 43 3 75% Bond & Insurance $2550 r,.oa,+ For W Delet Subtotal $753 93 Grand Total $753 Submitted by Forrest Roberts Date # # # # # # ## The Scope of work Is limited to the items included in this cost proposal. No other work is included. No Action will be taken until written approval has been received. Proposal is subject to withdrawal or revision if not accepted within 30 days. KCCE COP 05 Jones & Roberts Company General Contractors Change Order Proposal Detail Sheet Project Name Kitsap Conference Center Expension Owner City of Bremerton Project # Architect Rice Fergus Miller COP# COP 05 Description of the Work Comments Fimsh revisions related to chase work Material Labor # Line Item Description Quantity Unit $ /Unit Total Mat Hrs/Unt Total Hrs Rate Total Labor Subcontract 1 J &R Coordmation $000 200 $ 58 85 $11770 2 Trojan Wall Products Added FRP $000 - $ 5885 $0.00 $16500 3 Great Floors Flooring Modifications $000 - $ 5885 $000 $38600 4 $000 - $ 5885 $000 - 5 $000 - $ 5885 $000 6 $000 - $ 5885 $000 7 $000 - $ 58.85 $000 8 $000 - $ 58.85 $000 9 $000 - $ 58.85 $000 10 $000 - $ 58 85 $000 11 $000 - $ 5885 $000 12 $0.00 - $ 58 85 $000 13 $000 - $ 5885 $000 14 $0.00 - $ 58.85 $000 Totals $0.00 200 $117.70 $55100 Trojan Wall Products, Inc. WA# TROJAWP *034 *JW / OR# 95600 I CA# 2935591ID# RCE -25713 I NV# 0037159 FRP — MARLITE — P.LAM ~ WAINSCOT — SLOTWALL —FRP — MARLITE— PROJECT: ICitsap Conference Center LOCATION: Bremerton, WA FURNISH & INSTALL: Add FRP a() chase $16500 INCLUSION: EXCLUSION: TAX INCLUDED NO NO MINORITY STATUS Submitted By Emone Xayarath/ e-mail emone ,troianwall com — FRP — MARLITE --- RLAM — WAINSCOT -- SLOTWALL — FRP — MARLITE 3526 C St NE Auburn, WA 98002 Tel: (253) 520 -6545 Fax: (253) 520 -6548 Accepted by: Print Name: � p • %,Y-L-,EA FLOORS - Commercial Sales Change Order Proposal Date: 12/9/13 To: Jones & Roberts Company Site: Krtsap Conference Center Attn: Forrest Roberts Project: Krtsap Conference Center repairs to existing vinyl flooring Item Description qty u/m price extended price sheet vinyl allowance vinyl / weld rod /adhesive 1 ea @ $10000 $10000 installation patch existing vinyl 4 hr @ $6000 $24000 10% P &O on material and labor $3400 5% small tools on labor for small tools $1200 Subtotal $38600 Includes: standard hours labor rates, prevailing wage, freight, and sundries Excludes: any and all floor prep (grinding, leveling, ramping, scraping paint / drywall mud - texture, filling crack over 1/8 inch and depressions larger than 3/4 inch diameter and 1/8 inch deep), skim coating, non standard hours, moisture testing, moisture proofing if needed, protection, initial maintenance on resilient flooring, final cleaning, bonding, and sales tax Michael Pool 206 - 793 -6713 Great Floors Commercial Sales Tel (206) 241 -0229 Fax (206) 241 -2699 t v - - -_ - Document G701 — 2001 - Change Order PROJECT (Name and address) CHANGE ORDER NUMBER. 006 OWNER City of Bremerton Kitsap Conference DATE February 4, 2014 ARCHITECT Center Expansion Bremerton WA CONTRACTOR j TO CONTRACTOR (Name and address) ARCHITECT'S PROJECT NUMBER 2012224 01 FIELD ❑ Jones & Roberts Company CONTRACT DATE October 17, 2013 PO Box 1488 CONTRACT FOR General Construction OTHER Olympia, WA 98507 THE CONTRACT IS CHANGED AS FOLLOWS /(Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) i Reference Sheet E-4 Systems Plan and Section 274100 Conference Room A/V System Revise conference room A/V system per attached COP 07, 'dated January 31, 2014, revising speaker locations/quantity and amplification systems j The original Contract Sum was $ 746,900 00 The net change by previously authorized Change Orders $ 17,115 00 The Contract Sum prior to this Change Order was $ 764,015 00 The Contract Sum will be increased by this Change Order in the amount of $ 1,60100 The new Contract Sum including this Change Order will be $ 765,616 00 I The Contract Time will be increased by Zero (0) days The date of Substantial Completion as of the date of this Change Order therefore is February 10, 2014 NOTE This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price wlvch have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Rice Fergus Miller, Inc Jones & Roberts Company City of Bremerton ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 275 5th Street, Suite 100, Bremerton, WA PO Box 1488, Olympia, WA 98507 100 Oyster Bay Avenue N, Bremerton, 98337 WA 98312 � R ADDRESS ADD . BY ( Signatir BY (Signature) BY jg atu L �� Ronald Easterday Robert E Roberts (Typed name) ('Typed name) (Typed name) i February 4, 2014 DATE DATE DATE AIA Document 0701 TM — 2001 Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects All rights reserved WARNING This AI0 Document is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 08 54 05 on 02/0412014 under Order No 9515139220_1 which expires on 11/08/2014, and is not for resale User Notes (1987012720) JONES & ROBERTS COMPANY JOB NAME Krtsap Conference Center Expansion CHANGE ORDER PROPOSAL NUMBER COP 07 DESCRIPTION OF THE WORK- AV revisions REQUESTED BY DATE REQUESTED. Jones and Roberts Work J &R Labor (from Detail Sheet) $0.00 J &R Small Tools (3% Direct Labor) $000 J &R Supervision- (0% Direct Labor) $000 J &R Material (from Detail Sheet) $000 >>> $000 10% Fee on Labor & Material $000 Subcontract Work Subcontract Total (from Detail Sheet) $2,101 14 8% Fee on Subcontract Work SUBTOTAL $2,101.14 3 75% Bond & Insurance $0 00�� J &R Contribution ($500 00) Subtotal $1,601 14 Grand Total $1,601 Submitted by Forrest Roberts Date 1/31/2014 The Scope of work is limited to the items included in this cost proposal. No other work is included. No Action will be taken until written approval has been received. Proposal is subject to withdrawal or revision if not accepted within 30 days. KCCE COP 07 J&M 253- 880 -2553 PO Box 8942 Covington WA 98042 Lic# JSELME871N9 CHANGE REQUEST AV CHANGES COP# 002 Date. 1/31/14 Quoted by. Bob Provide AV changes and upgrades as per attached proposal from Jaymarc This proposal is based upon meeting discussion on 1/28/14 Javmark costs $2,24550 AM contribution $ 30000 Sub total $1,94550 Mark up $ 15564 Total $2,10114 Total change request Adjusted contract value Date submitted $ 2,101.14 1/31/2014 AM's Representative- J &M's signature- Customer signature - Bob Judson gobJudsow s r Y Project Number JC013014 JAYMARC - AV 01/30/2014 Page 1 * * Proposal * * 27321st Ave South Seattle, WA 98134 206 - 682 -6111 J &M's Electric Kitsap Conference Center 360 377 3785 Bob Judson at Bremerton Harborside PO Box 8942 100 Washington Avenue Covington, WA 98042 Bremerton, WA 98337 C10050 253 - 880 -2553 bobs @m -elect com Project Title..: KCC- Audio Upgrades Mfg -Item No Qty Description Unit Price Extended -------------------------------- Kitsap Conference Center Expansion - City of Bremerton Audio System Upgrades SCOPE OF WORK 1) Increase the number of Fiat Field (8 Ohm) Speakers in Rms 1,2 & 5 to a quantity of Four in each room 2) Provide 70v distribution speakers in Room 4 (Quantity of 6) 3) Provide 70v distribution speakers in Room 5 (Qty of 12) 4) Provide a Multi - Channel Amplification System for all rooms 5) Provide an ACTIVE Microphone Jack in all 5 rooms 6) Provide a Digital Volume Control in all 5 rooms 7) Provide a Room Combine System from a control panel at the HE 1 Small "B" Stock Wall Rack (From Inventory) 20833 20833 BIAMP 1 NEXIA 10 mic/line inputs and 6 mic/lme outputs DSP 1,62375 1,62375 for confere for conference applications such as boardrooms, courtrooms, and council chambers BIAMP 1 8- channel, 50W amp with bridging & remote control 1,16125 1,16125 (UL listed) BIAMP 2 50W transformer for 25/70/100V systems (MCA 8050 3125 6250 - per channel) BIAMP 5 8 selectable levels on single -gang rotary encoder 22250 1,11250 panel Extron 3 PAIRFull -Range Flat Field® Speakers with V x 2' Low 27500 82500 Profile Enc Field <sup > # < /sup> Speakers with 70/100 V Transformer Extron 9 Full -Range Ceding Speakers with 4" Low Profile Back 17500 1,57500 Can and 70/ Back Can and 70/100 V Transformer, Pair BIAMP 1 8 each selectable levels /actions on two-gang rotary 26875 26875 encoderpane JAYMARC AV 24 Labor for Programming y Project Number JC013014 JAYMARC - AV 01/3012014 Page 2 * * Proposal 2732 1 st Ave South Seattle, WA 98134 206- 682 -6111 Mfg -Item No Qty Description Unit Price Extended Equipment Subtotal 6,83708 Installation Subtotal 7,91700 SUB TOTAL - AUDIO REINFORCEMENT SYSTEM 14,754 08 1 CREDIT FROM SWITCHERS (Room 3 & 4) -4,00000 -4,00000 1 CREDIT FROM Inventory -1,50000 -1,50000 1 CREDIT From Duplicate Labor, Contract Discreparnes, -7,00858 -7,00858 Etc GRAND TOTAL 2,24550 This * * Proposal * * is Valid for 60 Days $2,24550 Jack Calderon, President I Accept This Quote Date Contract Number Vendor Sub�ect Department File Class Begin Date End Date Review Date Vault Date Comments 5307 JONES & ROBERTS COMPANY Kitsap Conference Center Expansion Pro�ect Public Works LEG 12-1 10/17/2013 3/31/2014 4/30/2014 2016 � � � � --_ Document A101 - 2007 Standard Form of Agreement Between Owner and Contractor where the bas�s of payment is a St►pulafed Sum AGREEMENT made as of the Seventeenth day of October m the year Two Thousand Thirteen (In words tndtcate day month and year) BETWEEN the Owner (Name legal status, address and other rnfonnatron) City of Bremerton 100 Oyster Bay Avenue N Bremerton, WA 98312 and the Contractor (Name legal status, address and other infonnation) Jones & Roberts Company PO Box 1488 Olympia, WA 98507 Telephone Number 360-456-4311 for the followmg Pro�ect (Name locatron and detatled descrrptton) Crty of Bremerton Krtsap Conference Center Expans�on Bremerton WA The Contractor agrees to accomplish the Work in accordance wtth the Contract Documents The Architect (Name, legal status address and other �nronnation) Rice Fergus M�Iler, Inc 275 Sth Street, Suite 100 Bremerton, WA 98337 I'elephone Number 360-377-8773 Fax Number 360-792-1385 The Owner and Contractor agree as follows ADDITIONS AND DELETIONS The author of this document has added information needed for ds completion The author may also have revised the text of the original AIA standard form An Add�t�ons and Delet�ons Report that notes added information as well as revisions to the standard form text is avadable from the author and should be reviewed A vertical Ime in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the origmal AIA text This document has important legal consequences Consultation with an attorney is encouraged with respect to its completion or modification AIA Document A201 TM'-2007 General Conditions of the Contract for Construction is adopted m this document by reference Do not use with other general conditions unless this document is modified AIA Document A101 TM— 2007 Copynght O 1915 1918 1925 1937 1951 1958 1961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The Amencan Init ��titute of Architects All rights reserved WARNING This AIA Document is protected by U S Copyright Law and IntemaUonal Treaties Unauthorized reprodudion or distribut�on of this AIA� Document, or any portlon of it, may result In severe crvd and cr�minal penak�es, and wdl be prosecuted to the � mautimum eztent possible underthe law This document was produced byAlA softwere at 13 11 44 on 10/17/2013 under Order No 5649048242 1 which e�ires on 11I08/2013 and is not (or resale User Notes (830031719) _ _ _ _TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT _ 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION __ __ m , , 4 CONTRACT SUM � � � 5 PAYMENTS � , � � � 6 DISPUTE RESOLUTION � � 4 7 � TERMINATION OR SUSPENSION y ; 8 r� MISCELLANEOUS PROVISIONS i r � � 9 ENUMERATION OF CONTRACT DOCUMENTS � ,' ` , � � , 10 INSURANCE AND BONDS , , ARTICLE `1 � THE CONTRACT DOCUMENTS � ` The�Contract Documents cons�st of this Agreement, Condrtions of the Contract (General, Supplementary and other ' � Cond�t�ons), Draw�ngs, Spec�ficahons, Addenda �ssued pr�or to execution of this Agreement, other documents listed ! � j m th�s Agreement and Mod�ficat�ons �ssued after execut�on of this Agreement, all of wh�ch form the Contract, and are as,fully a part of the Contract as if attached to this Agreement or repeated here�n The Contract represents the ent�re , and mtegrated agreement between the parnes hereto and supersedes prior negot�at�ons, representations or agreements, , erther wr�tten or oral An enumeration of the Contract Documents, other than a Mod�fication, appears �n Article 9 , t � ` ARTICLE 2 THE WORK OF THIS CONTRACT � The Contractor shall fully execute the Work descr�bed m the Contract Documents, except as spec�fically md�cated m ° t the Contract Documents to be the responsib�lrty of others � , ' ,' ARTICLE DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION , � `§ 31 The date of commencement of the Work shall be the date of th�s Agreement unless a d�fferent date �s stated q � below or provis►on �s made for the date to be fixed m a notice to proceed �ssued by the Owner ' `, (Insert the date of con:mencement rf rt differs from the date of this Agreen:eni or rf apphcable state that the date w�ll � , be fixed rn a notiee to proceed ) � �,f I Date to be �ssued m NoUce to Proceed ; � j � If, prior to the commencement of the Work, the Owner requires time to file mortgages and other securrty mterests, the 4 , Owner's t�me rcquirement shall bc as follows s E '` � ' N/A , + -- § 3 2 The Contract Time shall be measured from the date of commencement i �§ 3 3 The Contractor shal! ach�eve Substanhal Complet�on of the entire Work not later than One hundred twelve ( 112 ) days from the date of commencement, or as follows t (Insert nu»tber of calendnr days Alternatively a calendar date may be used when coord�nated w�th the date of commencement /f approprrate rnsert reguerements for earher Substannal Complet:on of ce�9ain portions of the Work ) AIA Document A101 TM— 2007 Copynght O 1915 1918 1925 1937 1951 1958 1961 7963 1967 1974 1977 1987 7991 1997 and 2007 by The Amencan Init Institute of Architects Ali nghts reserved� WARNING Thls AIA Document is protected by U S Copyright Law and Intemat�onal Treaties Unauthorized 2 reprodudion or distributlon of this AIA Document, or any poWon of it, may result in severe civil and criminal penaRles, and will be prosecuted to the � maximum extent possible under the law This doCUment was produced byAlA software at 13 11 44 on 10/17/2013 under Order No 5649048242_1 which e�ires on 11/OS/2013 and is not for resale User Notes (830031719) Portion of Work Substant�al Completion Date , sub�ect to ad�ustments of th�s Contract T�me as provided m the Contract Documents (Insert provtstons tf any for ligutdated damages relattng to fatlure to achieve Substanttal Completton on trme or for bonus payments for early complehon of the Work ) I N/A ARTICLE 4 CONTRACT SUM § 41 The Owner shall pay the Contractor the Contract Sum �n current funds for the Contractor's performance of the Contract The Contract Sum shall be Seven Hundred Forty-s�x Thousand Nme Hundred Dollars and Zero Cents ($ 746,900 00 ), sub�ect to add�t�ons and deduct�ons as provided m the Contract Documents § 4 2 The Contract Sum �s based upon the followmg alternates, �f any, which are described m the Contract Documents and are hereby accepted by the Owner (State the numbers or other tdentrftcatton of accepted alternates If the btddtng or proposal documents permet the Owner to accept other alter�uttes subsequertt to the execuhon of thrs Agreentent attach a schedule of such other alternates showrng the amount for each and the date when that amount expires ) Alternate O1 Meetmg Rooms 1 and 2 Build-out, Alternate 02 Inter�or Pamtmg A(ternate 03 Floormg and Base § 4 3 Unrt pr�ces, if any (Identify and state the unit price state quanttty Itm�tarions f any to whtch the ta�rt pnce w�ll be applicable ) Item Umts and Limitabons Price Per Umt ($0 00) None § 4 4 Allowances mcluded in the Contract Sum, �f any (Identify allowance and state exclustons, tf any from the allowance pnce ) Item None Pnce ARTICLE 5 PAYMENTS § 51 PROGRESS PAYMENTS § 51 1 Based upon Applicat�ons for Payment submitted to the Architect by the Contractor and Cert�ficates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided bclow and clsewhere m the Conrract Documents § 51 2 The penod covered by each Appl�cation for Payment shall be one calendar month endmg on the last day of the month, or as follows § 51 3 Prov�ded that an Appl�cat�on for Payment is received by the Arch�tect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month If an Appl�cat�on for Payment is received by the Archrtect after the apphcat�on date fixed above, payment shall be made by the Owner not later than () days after the Architect receives the Appl�cahon for Payment (Federal state or loeal laws may require payment withm a certaan period of nme ) § 51 4 Each Applicat�on for Payment shall be based on the most recent schedule of values subm�tted by the Contractor m accordance wtth the Contract Documents The schedule of values shall allocate the entire Contract Sum among the various pon�ons of the Work The schedule of values shall be prepared m such form and supported by such data to AIA Document A101 TM— 2007 Copynght � 1915 1918 1925 1937 1951 1958 1961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The Amencan Init Insutute oi Architects Ali nghts reserved WARNING Thls AIA Document is protected by U S Copyright Law and Intematlonal Treaties Unauthor¢ed 3 reproductlon or dlstribuUon of thls AIA Document, or any portion of It, may result in severe crvil and cnminal penaRies and wlll be prosecuted to the � maximum eztent possible under the law This document was produced byAlA software at 13 71 44 on 10/17/2013 under Order No 5649048242_t which e�ires on 1 1 /0 812 01 3 and Is not for resale User Notes (830031719) ; i k � , + I � E 3 S � � � substant�ate �ts accuracy as the Arch�tect may require Th�s schedule, unless ob�ected to by the Arch�tect, shall be used as a bas�s for rev�ewmg the Contractor's Appl�cat�ons for Payment § 51 5 Appl�cat�ons for Payment shall show the percentage of completion of each pornon of the Work as of the end of the penod covered by the Appl�cation for Payment § 51 6 Sub�ect to other prov�sions of the Contract Documents, the amount of each progress payment shall be computed as follows - 1 Take that pornon of the Contract Sum properly allocable to completed Work as determmed by r mult�plymg the percentage complet�on of each port�on of the Work by the share of the Contract Sum , allocated to that port�on of the Work m the schedule of values, less retamage of F�ve percent ( 5 00 %) Pendmg final determmat�on of cost to the Owner of changes m the Work, amounts not m d�spute shall �, be �ncluded as prov�ded m Section 7 3 9 of AIA Document A201T"�2007, General Conditians of the Contract for Construcnon, 2 Add that port�on of the Contract Sum properly allocable to materials and equ�pment delrvered and �, su�tably stored a`t the site for subsequent mcorporat�on m the completed construct�on (or, �f approved m � advance by the Owner, suitably stored off the site at a locat�on agreed upon m wr�tmg), less retainage of ,� Five percent ( 5 00 %), ` 3 Subtract the aggregate of prev�ous payments made by the Owner, and 4 Subtract amounts, �f any, for which the Architect has wtthheld or null�fied a Certificate for Payment as � provided m Sect�on 9 5 of AIA Document A201-2007 � , , � � § 51 7 The progress payment amount determmed m accordance with Sechon 5 1 6 shall be further mod�fied under the � ' followmg cvcumstances � ` � 1 Add, upon Substantial Complet�on of the Work, a sum suffic�ent to mcrease the total payments to the ; , � fufl amount of the Contract Sum, less such amounts as the Arch�tect shall determme for �ncomplete ,Work, retamage appl�cable to such work and unsettled cla�ms, and _` � (Sect�on 9 8 S ojAlA Docuntent A201-2007 regutres release of appl�cable reta�ncage upon Substantia/ � Completton of Work w�th consent of surety �f any ) Z 'Add, if final completion of the Work �s thereafter mater�ally delayed through no fault of the Contractor, , _ , r any add�ronal amounts payable m accordance with Sect�on 9 10 3 of AIA Document A201-2007 � �� § 51 8 Reduction or l�mitat�on of retamage, �f any, shall be as follows (If tt ts intended, prtor to Substanttal Complenon of the entire Work to reduce or IZmtt the retatnage resulting from the percentages tnserted �n Sechons S 1 6 1 and S 1 6 2 above and this ts not erplained elsewhere en the Contract J - Docume`nts tr:sert here proyisions for sueli reductaon or hm�tatton ) f � � N/A , ` � i § 51 9 Except w�th the Owner's pr�or approval, the Contractor shall not make advance payments to supplicrs for matenals or cqwpment wh�ch havc not bccn dclivcred and stored at the s�tc , , r � , � � _ § 5 2�FINAL PAYMENT i § 5 21 Final payment, consntutmg the entire unpaid balance of the Conh Sum, shall be made by the Owner to the Contractor when , } 1 the Contractor has fully performed the Contract except for the Contractor's respons�b�l�ty to correct - Work as provided m Section ] 2 2 2 of AIA Document A201-2007, and to sat�sfy other requ�rements, �f any, which extend beyond final payment, and , - 2 a fnal Cert�ficate for Payment has been issued by the Arch�tect § 5 2 2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Arch�tect's final Certificate for Payment, or as follows _ � N/A AIA Document A707 TM— 2007 Copynght �O 1915 1918 1925 1937 1951 1958 1961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The Amencan Init Institute of Architects Ali nghts reserved WARNING This AIA Document is protected by U S Copyright Law and Intemational Treaties Unauthonzed 4 reprodudion or distribuUon of this AIA Documant, or any portlon of it, may result In savere civil and criminal penaRies, and wf11 be prosecuted to the � maximum extent possible under thelaw Th�s document was produced byAlA softwaze at 13 11 44 on 10/17/2013 under Order No 5649048242_1 which e��res on 11/08/2013 and is not for resale User Notes (830031719) ARTICLE 6 DISPUTE RESOLUTION _ _ _ § 61 INITIAL DECISION MAKER ' The Archuect w�ll serve as Imt�al Decision Maker pursuant to Section 15 2 of AIA Document A201-2007, unless the � parnes appomt below another md�v�dual, not a party to this Agreement, to serve as In�tial Dec�sion Maker _ _(/. j'[he parttes mutua//y agree rnsen the name address and other contact tnformannn of the /nrtral Dectsron Maker if - _ other than the Architect ) r � _ I N/A r _ � � , , , � , , � � � � f , ' ' § 6 2 BINDING DISPUTE RESOLUTION � For`any Cla�m sub�ect to, but not resolved by, mediation pursuant to Sect�on 15 3 of AIA Document A201-2007, the ` method,of bmding d�spute resolution shall be as follows +(Check the appropriate box If `the Owner and Contractor do not select a n�ethod of bind�ng dtspute resolut�on below � or do not subsequently agree tn� wnnng to a hindtng dispute resolution method other than btzganon Clamas w�ll be 6 res� Ived by hhgatron tn a court of competent�urtsd�ctron ) r 7 r , ' � � ; ' , ' � , � � � € t � i i r � s , � � � , �' , , , ,, _ _ i \ : � f i � � t i , , }�,� [,] Arbitration pursuant to Section 15 4 of AIA Document A201-2007 � � � ,� , � , rv , f � [� f]�, Lrtigation m a court of competent �unsdiction ' / / t , � / i ` �') � y �[�X]� Other (Spec�) �i � � ; r ��� � � , In acc rdance w�tti the Supplemental Cond�tions � ' i % ` � � ' ARTICLE 7 � �TERMINATION OR SUSPENSION ,�� §' 71 The Contract may be termmated by the Owner or the Contractor as provided m Art�cle 14 of AIA Document t t `A201-2007 L '_ _ - ti � �� § 7 2 The Work may be suspended by the Owner as provided m Article 14 of AIA Document A201-2007 k - l / � f� J ARTICLE S- MISCELLANEOUS PROVISIONS � § 81'Where reference �s made m th�s Agreement to a provision of AIA Document A201-2007 or another Contract r ` Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract \ Documents `� - " , rv � r ., , � � § 8 2 Payments d'ue�and unpaid under the Contract shall bear �nterest from the date payment �s due at the rate stated � below, or in the abse cn e thereof, at the legal rate prevailmg from t�me to t�me at the place where the Pro�ect �s located (lnsert rate of �nterest agreed upo�: tf anv ) � � % � , § 8 3 The Owner's representative (Nan�e address and other informanon) a . � Chal A Mart�n � � 100 Oyster Bay Avenue N Bremerton, WA 98312 Telephone Number 360-473-5315 Email Address chal martm@c� bremerton wa us � § 8 4 The Contractor's representahve (Narae address and other tnformatton) I Robert E Roberts Init � Document A707 TM— 2007 Copyright O 1915 1918 1925 1937 1951 1958 1961 7963 1967 1974 1977 1987 1991 1997 and 2007 by The Amencan Institute oi Architects All rights reserved WARNING This AIA Document is protected by U S Copyright Law and IntemaUonal Treaties Unauthorized 5 reproduction or distnbutlon of this AIA Document, or any portion of it, may result in savere oivil and criminal penakies, and wdl be prosecuted to the � maxlmum exten! possible under the law This document was produced byAlA software at 13 11 44 on 10/17/2013 under Order No 5649048242_t which e�ves on 11/OS@013 and Is not for resale User Notes (830031719) PO Box 1488 Olympia, WA 98507 Telephone Number 360-456-4311 Email Address bobroberts@�onesandroberts com § S 5 Ne�ther the Owner's nor the Contractor's representatrve shall be changed w�thout ten days wntten notice to the other party § 8 6 Other provis�ons � None ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 91 The Contract Documents, except for Mod�ficat�ons tssued after execut�on of thts Agreement, are enumerated m the sections be(ow § 91 1 The Agreement �s this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor § 91 2 The General Cond�tions are AIA Document A201 2007, General Cond�tions ofthe Contract for Construction § 91 3 The Supplementary and other Condit�ons of the Contract Document Title Date Pages Supplemental Condit�ons Section 007300 - Supplemental September 16, 2013 19 �ssued as part of Addendum Ol Cond�tions § 91 4 The Spec�ficattons (Erther hst the Specificatrons here or refer to an exhibtt attached to tlns Agreement ) Exh�brt A Pro�ect Manual prepared by R�ce Fergus Miller for the City of Bremerton Krtsap Conference Center Expans�on, dated September 6, 2013 Section T�tle Date Pages § 91 5 The Drawings (Erther hst the Drawings here or refer to an ezhtbtt attached to th�s Agreement) Exh�bit B Construcnon Documents prepared by Rice Fergus M�Iler for the City of Bremerton K�tsap Conference Center Expans�on, dated September 6, 2013 Number § 91 6 The Addenda, �f any Number O1 02 03 Title Date September 16, 2013 September 20, 2013 September 25, 2013 Date Pages 47 27 1 Poriions of Addenda relatmg to b�ddmg requirements are not part of the Contract Documents unless the b�ddmg requirements are also enumerated m th�s Art�cle 9 § 91 7 Addit�onal documcnts, if any, formmg part of thc Contract Documcnts A[A Document E201T"'-2007, D�g�tal Data Protocol Exh�bit, �f completed by the parttes, or the followmg AIA Document A101 TM— 2007 Copynght 0 1915 1918 1925 1937 1951 1958 1961 7963 1967 1974 1977 1987 1991 1997 and 2007 by The Amencan Init Institute ot Architects All rights reserved WARNING This AIA Document Is protected by U S Copyright Law and Intemational Treaties Unauthorized s reproduction or distribut�on of this AIA Document, or any portlon of it, may result In severe civil and crlminal penalties, and will be prosecuted to tha � maximum eztent possible underthe law This document was produced byAlA software at 13 11 44 on 10/17/2013 under Order No 5649048242_1 which e�ires an 11/08/2013 and is not for resale User Notes (830031719) Rice Fergus M�Iler Electromc Data Release as included m the Pro�ect Manual 2 Other documents, if any, listed below (L►st here any add�ttonal documents that are intended to form part of the Contrnct Documents A/A Document A201-2007 provides that btddtng requirements such as adverhsement or tnvttatton to bid Instruct�ons to Btdders sample forms and the Contractor s btd are not part of the Contract Docume�tts unless enumerated in thts Agreement They should be hsted here only if intended to be part of the Contract Documents ) Supplemental Cond�t�ons as issued w�th Addendum Ol, September 16, 2013 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and mamtam insurance and provide bonds as set forth m Art�cle 11 of AIA Document A201-2007 (State bonding requirements f any and l�rntts of liabiliry for msurance requzred m Artzcle 11 of AIA Doeument A201-2007) Type of msurance or bond Limd of I�abdity or bond amount ($0 00) [n accordance wrth the General Condrt�ons of the Contract, mod�fied by the Supplemental Cond�t�ons Th�s Agreement entered mto as of the day and year first written above IN WITNESS WHEREOF, the parUes below have executed th�s agreement CONTRACTOR �� ��i1/� <i���N` Prmt Name Roa�RT � Trtle �2�SIpE^� T DATE lO f�8 � i3 Not�ces to be sent to THE CITY OF BREMERTON � �oa�iZ1 f Prmt a 7�I�'l�/���r Trtle /,��� DATE �O/��/li3 Notices to be sent to CONTRACTOR Jones & Roberts Company PO Box 1488 Olymp�a, WA 98507 Telephone Number 360-456-4311 (TabJe deleted) CITY OF BREMERTON Bremerton, WA 98337 (360) (360) (facs�mile) A S TO FORM , merton C►ty Attorney ST remerton C�ty Clerk AIA Document A101 TM— 2007 Copynght OO 1915 1918 � 925 1937 1951 1958 1961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The Amencan Init Inst�tute of Architects All rights reserved WARNING Thls AIA� Document is protected by U S Copynght Law and Intemational Treaties Unauthorized reproduction or distribuUon of this AIA Document, or any portion of it may result In severe crvil and criminal penakies and will be prosecuted to the 7 � mazimum extent posslble under the law This document was produced byAlA software at 13 11 44 on 10/17/2013 under Order No 5649048242_1 which e�ires on 11/OS/2013 and Is not for resale User Notes (830031719) � Document A201 � - 2007 General Condifions of the Confracf for Construcfion for the followmg PROJECT (Name and locatzon or address) Crty of Bremerton ICrtsap Conference Center Expansion Bremerton WA THE OWNER (Name, legal status and address) City of Bremerton 100 Oyster Bay Avenue N Bremerton, WA 98312 THE ARCHITECT (Name, legal status and address) Rice Fergus 1vl�ller, Inc 275 Sth Street, Swte 100 Bremerton, WA 98337 TABLE OF ARTYCLES 1 GENERAL PROVISIONS 2 OWNER 3 4 5 6 7 8 9 10 11 12 13 14 15 CONTRACTOR ARCHITECT SUBCONTRACTORS CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS CHANGES IN THE WORK TIME PAYMENTS AND COMPLETION PROTECTION OF PERSONS AND PROPERTY INSURANCE AND BONDS UNCOVERING AND CORRECTION OF WORK MISCELLANEOUS PROVISIONS TERMINATION OR SUSPENSION OF THE CONTRACT CLAIMS AND DISPUTES ADDITIONS AND DELETIONS The author of this document has added information needed for its completion The author may also have rev�sed the text of the onginal AIA standard form An Add�hons and De/ehons Report that notes added informatlon as weti as rev�sions to the standard form text is avadable from the author and should be rev�ewed A verttcal line in the left margm of this document mdicates where the author has added necessary information and where the author has added to or deleted from the ongmal AIA text 'fhrs document has important legal consequences Consultation Hnth an attomey is encouraged w�th respect to its completion or mod�cation AIA Document A201 TM— 2007 Copyright � 1911 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American Init InsUtute of Architects All Nghts reserved WARNING This AIA Document is protected by U S Copyright Law and International Treatles Unauthorized � reproductlon or distributlon of this AIA Document, or any portion oi it, may resuH In severe cNtl and crlminal penalties, and will be prosecuted to the � maximum extent possible under the law This document was produced by AIA soflware at 10 4316 on 10/16/2013 under Order No 5649048242_1 wh�ch e�ires on 11/OS/2013 and is not for resale User Notes (1717193828) INDEX (Topics and numbers m bold are section headuigs ) Acceptance of Nonconformmg Work 966,993,123 Acceptance of Work 966,982,993,9101,9103, 123 Access to Work 316,621, 121 Accident Prevennon 10 Acts and Omissions 32, 332,3 128,3 18,423,83 1,95 1, 1025, 1028, 1342, 137, 141, 152 Addenda 111,311 AddiUonal Costs, Clauns for 374,375,61 1,7375, 103, 1514 Additlonal Inspectlons and Testing 942,983, 1221,135 Addihonal Insured 11 1 4 Additional Time, Claims for 324,374,375,3 102,832,1515 Admlmstrafaon of the Contract 313,42,94,95 Advertisement or Invitahon to Bid 111 Aestheric Effect 4213 Allowances 38,738 All-nsk Insurance 1131,11311 Applicahons for Payment 425,739,92,93,94,951,963,97,910, 11 13 Approvals 21 1,222,24,3 1 3,3 102,3128,3 129,3 1210, 427,932,1351 Arbitration 83 1, 11 3 10, 13 1, 1532, 154 ARCffiTECT 4 Architect, Defimnon of 411 Architect, Extent of Authonty Z4,3127,41,42,52,63,712,737,74,92, �31,94,95,963,98,9101,9103, 121, 1221, 1351, 1352, 1422, 1424, 1513, 1521 .�rchitect, L�mitations of Authonty and Responsibility ? 1 1,3124,3 128,31210,412,421,422,423, 426,427,42 10,42 12,42 13, 52 1, 74, 942, 953,964, 1513, 152 ,�rchitect's Addihonal Services and Expenses ?4, 11 3 1 1, 1221, 1352, 1353, 1424 Architect's Admimstrahon of the Contract 3 13,42,374, 152,941,95 Archrtect's Approvals 24,313,35,3102,427 Archrtect's Authonty to Re�ect Work 35,426,1212,1221 ArchitecYs Copynght 117,15 ArchitecYs Decisions 374,426,427,4211,4212,4213,4214,63, 737,739,81 3,831,92,941,95,984,991, 1352,152,153 Archrtect's Inspechons 374,422,429,942,983,992,9101,135 Archrtect's Instruct�ons 324,33 1,426,427, 1352 Architect's Interpretahons 4211,4212 ArchrtecYs Pro�ect Representahve 4210 Archrtect's Relahonslup wrth Contractor 1 12, 15,3 13,322,323,324,33 1,342,35, 374,375,392,393,3 10,311,3 12,316,3 18, 412,413,42,52,622,7,83 1,92,93,94,95, 97,98,99,1026,103,11 37,12, 1342,135,152 ArchrtecYs Relationstup vv�th Subcontractors 1 12,423,424,426,963,964, 1137 Architect's Representanons 942,951,9101 Architect's Srte Visrts 374,422,429,942,951,992,9101, 135 Asbestos 10 3 1 Attorneys' Fees 3181,9102,1033 Award of Separate Contracts 611,612 Award of Subcontracts and Other Contracts for Portions of the Work 52 Basic Defimtions 11 Bidduig Requuements 1 11,521, 1141 Bmduig Dispute Resoluhon 97, 1139, 113 10, 13 1, 1525, 15261, 153 1, 1532, 1541 Boiler and Machinery Inswance 11.3.2 Bonds, Lien 7374,9102,9103 Bonds, Performance, and Payment 7374,967,9103, 1139,114 Buildmg Permrt 371 /UA Doeument A207 ^' - 2007 Copyright � 1911 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan I�� InsUtute of Arch�tects All r(gMs reserved WARNING This AIA� Document Is protected by U S Copyright Law and Intematlonal Treaties Unauthorized 2 reproduction or distributlon of this AIA� Document, or any portion of It, may resuk tn severe clvil and crlminal penalttes, and wtll be prosecuted to the � rnaxlmum axtent possible under the Iaw This document was produced byAlA soitware at 10 4316 on 10/18/2013 under Order No 5649048242_1 which es�ires un 11/08/2013 and is not for resale llser Notes (1717793826) Capitalization 13 Certificate of Substant�al Complehon 983,984,985 Certificates for Payment 421,425,429,933,94,95,961,966,97, 9101,9103, 141 13, 1424, 1513 Cert�ficates of Inspechon, Testuig or Approval 1354 Cerhficates of Insurance 9102,1113 Change Orders 1 1 1,24,342,374,3823,3 11,3 128,428, 523,71 2,71 3,72,732,736,739,73 10,831, 93 1 1,9103, 1032, 11 3 1 2, 11 34,11 39,1212, 1513 Change Orders, Defimhon of 721 CHANGES IN TTH� WORK 22 1, 3 11, 428, 7, 721, 73 1, 74, 83 1, 93 1 1, 1139� Claims, Defimrion of 1511 CLAIMS AND DISPUTES 324,611,63,739,933,9104,1033,15,154 Claims and Tunely Asserhon of Claims 1541 Ciaims for Additional Cost 324,374,61 1,739, 1032,1514 Claims for Additional Time 324,374,61 1,832,1032,1515 Concealed or Unknown Condilaons, Claims for 374 Claims for Damages 324,318,61 1,833,95 1,967, 1033, 11 1 1, 1135,1137,1413,1424,1516 Claims Sub�ect to Arbitrahon IS 3 1, IS 4 1 Cleamng Up 315,63 Commencement of the Work, Condirians Relahng to 221,322,341,371,3 101,3 126,521,523, 622,812,822,831, 11 1, 1131, 1136, 1141, 1514 Commencement of the Work, Definihon of 812 Communicatfons Facilitahng Contract Administrahon 391,424 Complehon, Condirions Relahng to 341,311,315,422,429,82,942,98,991, 9 10, 12 2, 13 7, 141 2 COMPLETION, PAYMENTS AND 9 Complet�on, Substanhal 429, 8 1 1, 8 1 3, 823, 942, 9 8, 991, 9 103,122, 137 Comphance �nth Laws 1 6,323,36,37,31210,313,41 1,964, 1022, 111,113,131,134,1351,1352,136,1411, 1421 3, 1528, 1542, 1543 Concealed or Unlmown CondiUons 374,428,831,103 Conditions of the Coniract 111,611,614 Consent, Wntten 342,374,3128,3142,41 2,932,985,991, 9 102,9 103, 11 3 1, 13�, 1342, 15442 Consolidation or Joinder 1544 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 114,6 Constructlon Change DirecHve, Defimhon of 731 Construchon Change Dfrectives 1 1 1,342,3 128,428,71 1,71 2,713,73, 9311 Construchon Schedules, Contractor's 310,3121,3122,613, 15152 Conhngent Assignment of Subcontracts 54, 14222 Conhntung Contract Performance 1513 Contract, Definrtion of 112 CONTRACT, TERMINATION OR SUSPENSION OF TI� 5411,1139,14 Contract Admuustrahon 313,4,94,95 Contract Award and Execution, Condrtaons Relatmg to 371,3 10,52,61, lI 13, 11 36, 1141 Contract Documents, Copies Furnished and Use of 152,225,53 Contract Documents, Definirion of 111 Contract Sum 374,38,523,72,73,74,91,942,9514,967, 97, 1032, 1131, 1424, 1432, 15 14, 1525 Contract Sum, Definrtion of 91 Contract Tune 374,375,3102,523,7213,731,735,74, 81 1,821,83 1,951,97, 1032, 121 1, 1432, 15 1 5 l, 15 2 5 Contract 1Yme, Defimrion of S11 CONTRACTOR 3 Contractor, Definihon of 31,612 AIA Doeument A201 T" - 2007 Copynght B 1911 1975, 1918, 1925 1937, 1951, 1958 1961 1963 1966 1970 1976, 1987 1997 and 2007 by The Amencan �n�� Inst�tute of Architects All rights reserved WARNING This AIA Document Is protected by U S Copyrlght Law and Intematlonai Treaties Unauthorized 3 reproduetion or disMbution of this AIA� Document, or any portlon of k, may result in severe civtl and criminal penakies, and wili be prosecuted to the � maxlmum extent possible under the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649048242_1 wh�ch e�ires on 11/08/2013 and is not for resale User Notes (1717193828) Contractor's Constraction Schedules 310,3121,3122,613, I51 52 Contractor's Employees 332,343,38 1,39,3182,423,426, 102, 103, 1111,1137,141,14211 Contractor's Liability Insurance 11 1 Contractor's Relat�onstup v�nth Separate Contractors and Owner's Forces 3 125,3 142,424,6, 11 37, 1212, 1224 Contractor's Relarionship vinth Subcontractors 122,332,3181,3182,5,962,967,9102, 11312,1137,1138 Contractor's Relarionslup vv�th the Arclutect 1 12, 15,313,322,323,324,331,342,35, 374,3 10,3 11,3 12,3 16,3 18,41 3,42,52,622, 7,831,92,93,94,95,97,98,99, 1026, 103, 1137,12,135,1512,1521 Contractor's Representarions 321,322,35,3126,622,821,933,982 Contractor's Responsibihty for Those Performmg the Work 332,318,53,613,62,951, 1028 Contractor's Review of Contract Documents 32 Contractor's Right to Stop the Work 97 Contractor's Right to Terminate the Contract 14 1, 15 16 Contractor's Submrttals 3 10,3 11,3 124,427,521,523,92,93,982, 983,991,9102,9103, 11 13, 1142 Contractor's Supeiwtendent 39,1026 Contractor's Supernsion and Construcrion Procedures 1 22,33,34,31210,422,427,613,624,713, 7 3 5, 7 3 7, 8 2, 10, 12, 14, 15 1 3 Contractual Liabihty Insurance 11118,112 Coordinahon and Correlahon 12,321,331,310,3 126,613,621 Copies Furmshed of Drawings and Specificanons 15,225,311 �Copynghts 15,317 �Correchon of Work Z3,24,373,942,982,983,991, 1212,122 �Correlahon and Intent of the Contract Documents l2 �Cost, Defimtion of '13.7 �osts ?4,324,373,382,3152,542,611,623, 1333,737,738,739,9102, 1032, 1036, 113, l2 12, 122 1, 1224, 135, 14 Cutting and Patclung 314,625 Damage to Construcnon of Owner ar Sepazate Confractors 3 142, 624, 1021 2, 1025, 104, 11 1 1, 11 3, 1224 Damage to the Wark 3 142,991, 1021 2, 1025, 104, 11 3 1, 1224 Damages, Clauns for 3 24,318,61 1,833,951,967, 1033,11 1 1, 1135,1137,1413,1424,1516 Damages for Delay 61 1,833,95 16,97, 1032 Date of Commencement of the Work, Defimhon of 812 Date of Substantial CompleHon, Defimhon of S 1.3 �ay, Defimhon of 814 Decisions of the Architect 3 74,426,427,42 11,4212,42 13, 152, 63, 737,739,813,831,92,94,95 1,984,991, 1352,1422,1424,151,152 Decis�ons to Withhold Certfficahon 941,95,97,14113 Defecrive or Nonconformmg Work, Acceptance, Re�echon and Conechon of 23,24,35,426,625,951,952,966,982, 993,9104,1221 Definitions 1 1,21 1,3 1 1,35,3121,3122,3 123,41 1, 151 1,51,612,721,73 1,81,91,981 Delays and Egtensions of Tune 32,374,523,721,731,74,83,951,97, 1032, 104, 1432, 1515, 1525 Disputes 63,739, 151, 152 Docaments and Samples at the Site 3 11 Drawings, Defimtion of 115 Drawuigs and Specificahons, Use and Ownership of 3 11 Effechve Date of Insurance 822, 1112 Emergencies 104, 14112, 1514 Employees, Contractor's 332,343,381,39,3182,423,426,102, 1033,1111,1137,141,14211 Equipment, Labor, Matenals or 1 13, 1 16,34,35,382,383,312,313,3151, 426,427,521,621,737,932,933,9513, 9 102, 1021, 1024, 142 1 1, 142 1 2 /UA Document A201 "' - 2007 Copynght � 1911 1915 191 B 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan Init Lnsdtute of Architects All Nghts reserved WARNING This AIA� Document is protected by U S Copyright Law and Intemational Treaties Uoauthorized 4 reproduction or distributlon of this AIA� Document, or any portion of It, may result In severe civil and eriminal penaldes, and wtll be prosecuted to the � rnauimum extent possible under the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ires c�n 11/08/2013 and is not for resale UserNotes (1717193828) Execunon and Progress of the Work 1 13, 121, 122,223,225,3 1,331,341,35, 371,3101,312,314,42,622,713,735,82, 951,991,102, 103, 122, 142, 143 1, 151 3 Extensions of Tune 324,374,523,721,73,74,95 1,97, 1032, 104,143,1515,1525 Failure of Payment 951 3,97,9102, 136, 141 13, 1421 2 Faulty Work (See Defechve or Nonconformmg Work) �nal Completion and Final Payment 42 1,429,982,910, 11 1 2, 11 13, lI 3 1, 11 3 S, 123, 1424, 1443 Financial Arrangements, Owner's 221,1322,14114 Fue and Extended Coverage Insurance 11311 GENERAL PROVISIONS 1 Governing Law 131 Guarantees (See Warranty) Hazardous Materlals 1024,103 Idenhficanon of Subcontractors and Supphers 521 IndemniScation 3 17,318,9102, 1033, 1035, 1036, 113 12, 1137 Information and Sernces Reqwred of the Owner 212,22,322,3 124,3 1210,61 3,614,625, 961,964,992,9103, 1033, 112, 114, 1351, 1352,14114,1414,1513 Initlal Decision 152 Initia] Decision Maker, Defimtion of 118 I�urial Decision Maker, Decisions 1422, 1424, 1521, 1522, 1523, 1524, 1525 Inihal Decision Maker, Extent of Authonty 1422, 1424, 15 1 3, 1521, 1522, 1523, 1524, 1525 In�ury or Damage to Person or Property 1028, 104 Inspections 3 13,333,371,422,426,429,942,983, 992,9101,1221,135 Instruchans to Bidders 111 Instruct�ons to the Contractor 324,33 1,381,521,7,822, 12, 1352 Instruments of Service, Definihon of 1 1.7 Insurance 3 181,61 1,737,932,984,991,9102,11 Insurance, Boiler and Machinery 1132 Insurance, Contractor's Liab�tl�ty 11 1 Insurance, Effective Date of 822,1112 Insurance, Loss of Use 1133 Insurance, Owner's Liabflity 112 Insurance, Property 1025,113 Insurance, Stored Matenals 932 INSURANCE AND BONDS 11 Insurance Compames, Consent to Parhal Occupancy 991 Intent of the Contract Documents 1 21,427,4212,42 13,74 Interest 136 Interpretation 123,14,411,51,612, 151 1 Interpretahons, Wr�tten 4211,4212, 15 14 Judgment on Final Award 1542 Labor and Matenals, Eqwpment 1 13, 1 16,34,35,382,383,3 12,3 13,3 151, 426,427,521,621,737,932,933,951 3, 9 102, 1021, 1024, 142 1 1, 142 1 2 Labor Disputes 831 Laws and Regulahons 15,323,36,37,31210,313,41 1,964,991, 1022,1111,113,131,134,1351,1352,136, 14,1528,154 Liens 212,933,9102,9104, 1528 Limrtarions, Statutes of 1225, 137, 1541 1 Limrtahons of Liabihty 23,322,35,31210,317,3181,426,427, 4212,622,942,964,967, 1025, 1033, 11 12, 112,1137,1225,1342 LimitaUons of Tune 212,22,24,322,310,311,3 125,3151,427, 52,53,541,624,73,74,82,92,931,933, 9 41, 9 5, 9 6, 9 7, 9 8, 9 9, 910, 11 1 3, 113 15, 1136,11310,122,135,137,14,15 Loss of Use Insurance 1133 Material Supphers 1 5,3121,424,426,521,93,942,96,9105 Materials, Hazardous 1024, 103 AIA Document A201 "' - 2007 Copy�ight � 1911 1915,1918 1925 1937 1951 1958 1961 1963 7966 1970 1976 1987 1997 and 2007 by The Amencan Init Ins�tute of Architecffi All rlgMs reserved WARNING Thls AIA� Document is protected by U S Copyright Law and Intematlonal Treaties Unauthorf:sd 5 reproductlon or distrlbutlon oi this AIA� Doeument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the � max(mum extent possibie under the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ires on 11/08/20f 3 artd is not for resale Usar Notes (1717193828) Matenals, Labor, Eqwpment and 113,116,151,341,35,382,383,312,313, 3151,426,427,521,621,737,932,933, 95 1 3,9102, 10212, 1024, 142 1 1, 14212 Means, Methods, Techmques, Sequences and Procedures of Construchon 331,31210,422,427,942 Mechamc's Lien 212, 1528 Mediation 83 1, 1035, 1036, 1521, 1525, 1526,153, 1541 Minor Changes in the Work 111,3128,428,71,74 MISCELLANEOUS PROVISIONS 13 Modificatlons, Defimrion of 111 Modificahons to the Contract 1 1 1, 1 12,3 11,412,421,523,7,83 1,97, 1032,1131 Mutual ResponsibWty 62 Nonconformmg�Work, Acceptance of 966,993,123 Nonconfornvng Work, Re�ection and Correction of 23,24,35,426,624,951,982,993,9104, 1221 Norice 221,23,24,324,33 1,372,3 129,52 1,97, 910,1022,1113,12221,133,1351,1352, 141,142,1528,1541 Notice, Written 23,24,331,392,3129,3 1210,521,97,910, 1022, 103, 11 1 3, 11 36, 12221,133, 14, 1528, 1541 Notice of Claims 3 7 4, 10 2 8,1512, 15 4 Nonce of Testing and Inspechons 1351,1352 Observahons, Contractor's 32,374 Occupancy 222,966,98, 11315 Orders, Wntten 1 1 1,23,392,7,822,1139,121,12221,1352, 1431 �OWNER Z �wner, Defimrion of tll �Dwner, Information and Services Required of the 212,22,322,3 1210,61 3,614,625,932, '�61,964,992,9103, 1033, 112, 113, 1351, l3 5 2, 141 14, 1414, 15 1 3 Owner's Authonty 1 5,21 1,23,24,342,381,3 1210,3 142,412, 413,424,429,521,524,541,61,63,721, 73 1,822,83 1,931,932,951,964,991, 9102,1032,1113,1133,11310,1222,123, 1322, 143, 144, 1527 Owner's Fuiancial Capabihty 221,1322,14114 Owner's L�ability Inswance 112 Owner's Relahonship vv�th SubcontracWrs 1 12,52,53,54,964,9102, 1422 Owner's Right to Carry Out the Work 24, 1422 Owner's Right to Clean Up 63 Owner's Right to Perform Construction and to Award Separate Contracts 61 Owner's Right to Stop the Work 23 Owner's R�ght to Suspend the Work 143 Owner's Right to Termmate the Contract 142 Ownershfp and Use of Drawings, Specificahons and Other Instruments of Servlice 1 11, 1 16, 117,15,225,322,3 11,317,4212, 53 ParHal Occupancy or Use 966,99, 11 3 1 5 Patching, Cuthng and 314,625 Patents 3 17 Payment, Apphcahons for 425,739,92,93,94,95,963,97,985,9101, 1423, 1424, 1443 Payment, Cerhficates for 425,429,933,94,95,961,966,97,9101, 9103,137,14113,1424 Payment, Failure of 9 5 1 3, 9 7, 910 2, 13 6, 141 1 3, 14 2 12 Payment, Fina1 421,429,982,910, 11 12, 11 13, 1141, 123, 137, 1424, 1443 Payment Bond, Performance Bond and 7374,967,9103,114 Payments, Progress 93,96,985,9103,136,1423,1513 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 542,951 3,962,963,964,967, 14212 PCB 1031 111A Doeumen! A201 "' - 2007 Copynght 01911 7915 1918 1925 1937 1951 1958 7961 1963 1966 1970 1976 1987 1997 and 2007 by The American ���� InsUtute of Architects All righta reserved WARNING This AIA Doeument is protected by U S Copyright Law and Intemational Treaties Unauthorized s reproduction or distributlon of this AIA� Oocument, or any portlon oi it, may result in severe cNil and criminal penalties, and wlll be prosecuted to the � rnaximum extent possible under the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649U48242_1 which e�ires cm 11/OBl2013 and is not for resale User Notes (1717193828) Performance Bond and Payment Bond 7374,967,9103,114 Pernuts, Fees, Nohces and Comphance wfth Laws 222,37,313,7374, 1022 PERSONS AND PROPERTY, PROTECTION OF 10 Polychloruiated Biphenyl 1031 Product Data, Defimtion of 3122 Product Data and Samples, Shop Drawings 311,312,427 Progress $nd Completion 422,82,98,991, 1414, 1513 Progress Payments 93,96,985,9103, 136, 1423, 15 13 Project, Defimnon of 114 Pro�ect Representatives 4210 Property Insurance 10 2 5, 113 PROTECTION OF PERSONS AND PROPERTY 10 Regulahons and Laws 15,323,36,37,31210,313,41 1,964,991, 1022,111,114,131,134,1351,1352,136,14, 1528, 154 Re�echon of Work 3�5,426, 1221 Releases and Waivers of Liens 9 10 2 Representahons 321,35,3 126,622,821,933,942,951,982, 9101 Representahves 2 1 1,3 1 1,39,41 1,421,422,4210,51 1,5 12, 1321 Responsibihty for Those Performmg the Wark 332,318,423,53,613,62,63,951, 10 Retainage 93 1,962,985,991,9 102,9 103 Revfiew of Contract Documents and Fyeld Cond�tions by Contractor 32,3127,613 Review of Contractor's Submrttals by Owner and Archrtect 3101,3102,311,312,42,52,613,92,982 Review of Shop Drawu►gs, Product Data and Samples by Contractor 3 12 Rights and Remedies 1 12,23,24,35,374,3152,426,53,54,61, 63,731,83,951,97, 1025, 103, 1222, 1224, 13 4, 14, 15 4 Royalhes, Patents and Copyrights 317 Rules and Nohces for Arbrtration 1541 Safety of Persons and Property 10 2, 10 4 Safety Precautions and Programs 331,422,427,53,101,102,104 Samples, Defimhon of 3123 Samples, Shop IDrawings, Product Data and 311,312,427 Samples at the Site, Documents and 311 Schedule of Values 92,931 Schedules, Canstruchon 310,3121,3122,613, 15152 5eparate Contracts and Contractors 1 14,3125,3142,424,427,6,831, 1212 Shop Drawfngs, Defimhon of 3121 Shop IDrawings, Product Data and Samples 311,312,427 Site, Use of 313,611,621 Srte Inspections 322,333,371,374,42,942,9101, 135 Site Visits, Architect's 374,422,429,942,951,992,9101, 135 Special Inspecnons and Testmg 426,1221,135 Specificabons, Defimhon of 116 Specificatlons 1 1 1, 1 16, 1 2 2, 1 5, 3 11, 3 IZ 10, 3 17, 4 2 14 Statute of Lumtarions 137,15411 Stopp�ng the Work 23,97,103,141 Stored Matenals 621, 932, 102 1 2, 1024 Subcontractor, Defimt�on of 511 SUBCONTRACTORS 5 Subcontractors, Work by 1 22,332,3121,423,523,53,54,9312,967 Subcontractu$1 Relahons 53, 54, 93 1 2, 96, 910, 1021, 14 1, 1421 Submrttals 3 10,3 11,3 12,427,521,523,737,92,93,98, 991,9102,9103,1113 Submittal Schedule 3102,3125,427 Subrogation, Waivers of 6 1 1,113.7 AIA Document A207 ^' - 200T Copynght B 1911 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan Init Institute of Architects All rlghts reserved WARNING This AIA� Doeument is proteeted by U S Copyright Law and Intemational Treaties Unauthorized 7 reproduction or dlstribuUon of this AIA� Doeument, or any portion of It, may resuR in severe civil and criminal penaRies, and will be prosecuted to the � maximum extent posstble under the law This document was produced by AIA software et 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�lres on 11/08/2013 and �s not for resale User Notes (1717193828) Substantial CompleHon 429,81 1,813,823,942,98,991,9103, 122, 137 Substanttal Completion, Defimrion of 981 Subsntuhon of Subcontractors 523,524 Subsntunon of Archrtect 413 Subsritutions of Matenals 342,35,738 Sub-subcontractor, Defimtion of 512 Subsurface Condihons 374 Successors and Assigns 132 Superintendent 39, 1026 Supervlsion and ConstrucHon Procedures 1 22,33,34,3 1210,422,427,61 3,624,713, 737,82,83 1,942, 10, 12, 14, 15 13 Surety 5412,985,9102,9103, 1422, 1527 Surety, Consent of 9102,9103 Surveys 223 Suspension by the Owner for Convemence 143 Suspension of the Work 542, 143 Suspension or Termmanon of the Contract 5 41 1, 14 Tazes 36,3821,7374 TerminaUon by the Contractor 14 l, 15 1 6 Teruunatton by the Owner for Cause 5411,142,1516 Teraunahon by t6e Owner for Convemence 144 Termmahon of the Arch�tect 413 Termmahon of the Contractor 1422 TERMINATION OR SUSPENSION OF THE CONTRACT 14 'Tests and InspecHons 3 13,333,422,426,429,942,983,992, '�101,1032,1141,1221,135 rnvtE �B Time, Delays and Eztensions of 324,374,523,721,731,74,83,951,97, 1032,104, 1432, 15 1 5, 1525 Tune LuYUts 212,22,24,322,310,3 11,3 125,3 151,42, 52,53,54,624,73,74,82,92,93 1,933,941, 95,96,97,98,99,910,1113,122,135,137,14, 15 1 2, 15 4 Time Linuts on Claims 374,1028,137,1512 Trtle to Work 932,933 Transmission of Data in Digital Form 16 UNCOVERING ANID CORRECTION OF WORK 12 Uncovering of Work 12 1 Unforeseen Condihons, Concealed or Unlmown 374,831,103 Unrt Pnces 7332,734 Use of Documents 1 1 1, 15,225,3126,53 �Jse of Site 313,611,621 Values, Schedule of 92,931 Waiver of Clauns by the Archrtect 1342 Warver of Clauns by the Contractor 9105, 1342, 15 1 6 Waiver of Clauns by the Owner 993,9103,9104, 12221, 1342, 1424, 1516 Waiver of Consequenbal Damages 1424,1516 Waiver of Liens 9102,9104 Waivers of Subrogahon 611,1137 Warranty 35,429,933,984,991,9104, 1222, 137 Weather Delays 15152 Work, DefiYUhon of 113 Wntten Consent 1 52,342,374,3 128,3 142,412,932,985, 991,9102,9103, 1141, 132, 1342, 15442 Wntten Interpretahons 4211,4212 Wntten Nohce 23,24,331,39,3129,31210,521,822,97, 910, 1022, 103, 11 1 3, 1222, 1224,133, 14, 1541 Wntten Orders 1 11,23,39,7,822, 121, 122, 1352, 1431, 1512 AIA Dowment A201 "' - 2007 Copyright 01911 1915 1918 1925 1937,1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American Intt ���tute of Architec� All rights reserved WARNINti This AIA Dowment is protectad by U S Copyright Law and Intemational Treaties Unauthorized 8 reproduetlon or distributlon ot thfs AIA� Document, or any portion of k, may result in severe civil and criminal penalties, and will be prosecuted to the � maximum extent posslble under the iaw TFus document was produced byAlA software at 10 4316 on 10/78/2013 under Order No 5649048242_1 which e�ires on 11/08/2013 and Is not for resale lJser Notes (1717193828) ARTICLE 1 GENERAL PROVISIONS § 1 1 BASIC DEFINITIONS § 1 11 THE CONTRACT DOCUMENTS The Contract Docuxnents are enumerated in the Agreement between the Owner and Contractor (hereuiafter the Agreement) and consist of the Agreement, Condinons of the Contract (General, Supplementary and oth� Condrtions), Draw�ngs, Specifications, Addenda issued pnor to execuhon of the Contract, other documents hsted m the Agreement and Modificahons issued after execurion of the Cantract A Modificahon is (1) a wntten amendment to the Contract signed by both parhes, (2) a Change Order, (3) a Construchon Change Duechve or (4) a wntten order for a mmor change m the Work issued by the Archrtect Unless specifically enumerated m the Agreement, the Contract Documents do not include the advemsement or invrtahon to bid, Instrucnons to Bidders, saxnple forms, other mformahon furnished by the Owner m anhcipahon of receivmg bids or proposals, the Contractor's bid or proposal, or porhons of Addenda relahng to biddmg requuements § 112 THE CONTRACT The Contract Documents form the Contract for Conshuchon The Coniract represents the entyre and mtegrated agreement between the parhes hereto and supersedes pnor negotiarions, representahons or agreements, erther wntten or oral The Contract may be amended or modified only by a Modification The Contract Documents shall not be construed to create a contractual relarionship of any kmd (1) between the Contractor and the Architect or the ArchrtecYs consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Archrtect or the Archrtect's consultants or (4) between any persons or enhhes other than the Owner and the Contractor The Arctutect shall, however, be enhtled to performance and enforcement of obhgat�ons under the Contract mtended to facihtate performance of the ArchitecYs duhes § 1 13 THE WORK The term "Work" means �e construcrion and services reqwred by the Contract Documents, whether completed or parhally completed, and includes all other labor, mater2als, eq�.upment and services provided or to be provided by the Contractor to fulfill the Contractor's obligahons The Work may conshtute the whole or a part of the Pro�ect § 1 14 THE PROJECT The Pro�ect is the total construcrion of which the Work performed under the Coniract Documents may be the whole or a part and wluch may include construchon by the Owner and by separate contractors § 1 15 THE DRAWINGS The Drawmgs aze the graphic and pictonal porhons of the Contract Documents shov�nng the design, location and dimensions of the Work, generally mcluduig plans, elevahons, sechons, details, schedules and d�agrams § 1 16 THE SPECIFICATIONS The Specificanons are that porhon of the Contract Documents consishng of the wntten reqwrements for matenals, equipment, systems, standards and workmanship for the Work, and performance of related sernces § 1 171NSTRUMENTS OF SERVICE Instruments of Service are representahons, m any medmm of expression now known or later developed, of the tangible and mtangible creahve work performed by the Architect and the Arclutect's consultants under the�r respechve professional services agreements Instruments of Service may include, vv�thout lunrtanon, studies, surveys, models, sketches, drawmgs, specificanons, and other sumlaz matenals § 1 181NITIAL DECISION MAKER The Iruhal Decision Maker is the person idenhfied m the Agreement to render �hal decisions on Clauns m accordance vv�th Section 15 2 and cerhfy termmahon of the Agreement under Sechon 14 2 2 § 12 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 121 The mtent of the Contract Documents is to mclude all rtems necessary for the proper execuhon and complehon of the Work by the Contractor The Contract Documents are complementary, and what is requued by one shall be as bmding as if reqtured by all, performance by the Contractor shall be requued only to the extent consistent vv�th the Contract Documents and reasonably inferable from them as bemg necessary to produce the mdicated results AIA Document A201 TM— T007 Copyngh181911 1915 1918,1925, 1937, 1951, 1958, 1961, 1963 1966, 1970, 1976,1987 1997 and 2007 by The American Init Institute of Architects All rights reserved WARNING This AIA� Document is protected by U S Copyright Law and Intemational Treaties Unauthorized 9 reproduction or dlstributfon of this AIA� Document, or any portlon of It, may result In severe civfl and crtminal penaltles, and wlll be prosecuted to the � maximum extent possible under the law This document was produced by AIA soflware at 10 4316 on 10/18/2013 under Order No 5649046242_1 wh�ch e�ires on 11/OSl2013 and is not for resale UserNotes (1717193828) § 12 2 Orgamzahon of the Specificanons mto divisions, sechons and arricles, and arrangement of Drawings shall not control the Contractor m dividuig the Work among Subcontractors or m estabhshmg the extent of Work to be performed by any trade § 12 3 Unless otherwise stated m the Contract Documents, words that have well-laiown technical or constauchon mdustry meanmgs aze used �n the Contract Documents ui accordance vrnth such recogmzed meazungs § 13 CAPITALIZATION Terms caprtal�zed m these General Condihons mclude those that aze (1) specifically defined, (2) the t�tles of numbered anc�les or (3) the t�tles of other documents published by the Amencan Instrtute of Architects § 7 41NTERPRETATION In the interest of brevity the Contract Documents frequently omrt modif}nng words such as "all" and "any" and azhcles such as "the" and "aa," but the fact that a modifier or an anc�le is absent from one statement and appears in another is not mtended to affect the mtetpreta.non of erther statement § 15 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 151 The Arch�tect and the Architect's consultants shall be deemed the authors and owners of theu respecrive Instruments of Service, including the Dravv�ngs and 5pecifications, and vv�ll retain all common law, statutory and other reserved nghts, includmg copyrights The Contractor, Subcontractors, Sub-subcontractors, and matenal ar equipment suppliers shall not own or claun a copynght m the Instruments of Service Subauttal or distnbution to meet official regulatory requuements or for other purposes in connection vv�th ttus Pto�ect is not to be construed as pubhcarion m derogation of the Architect's or Arclutect's consultants' reserved rights § 15 2 The Contractor, Subcontractors, Sub-subcontractors and matenal or eqmpment supphers are authonzed to use and reproduce the Insiruments of Service provided to them solely and exclusively for execurion of the Work All copies made under this authonzarion shall bear the cop}mght norice, if any, shown on the Inshuments of Service The Conlractor, Subcontractors, Sub-subcontractors, and matenal or eqwpment supphers may not use the Instruments of Service on other pro�ects or for additions to this Pro�ect outside the scope of the Work v�nthout the specific wntten consent of the Owner, Arctutect and the Archrtect's consultants �§ 16 TRANSMISSION OF DATA IN DIGITAL FORM [f the parhes mtend to transmrt Instruments of Service or any other mformahon or documentahon m digrtal form, they shall endeavor to establish necessary protocols governmg such transmissions, unless otherwise akeady provided m the Ageement or the Contract Documents ,ARTICLE 2 OWNER +� 21 GENERAL � 21 1 The Owner is �e person or enhty idenbfied as such m the Agreement and is referred to throughout the Contract ]Documents as if smgular m number The Owner shall designate m wnhng a representahve who shall have express authonty to bind the Owner with respect to all matters requu7ng the Owner's approval or authonzarion Except as otherwise provided m Section 4 2 1, the Arclutect does not have such authonty The term "Owner" means the Owner or the Owner's authonzed representat�ve f� 2 7 2 The Owner shall furnish to the Contractor v►�thui fifteen days after receipt of a wntten request, mformahon necessary and relevant for the Contractor to evaluate, give notice of or enforce mechamc's hen nghts Such mformation sha11 mclude a correct statement of the record legal htle to the property on which the Pro�ect is located, usually referred to as the srte, and the Owner's mterest therem �j 2 2 INFORMATION AND SERVICES REQUIRED OF THE OWNER l� 2 21 Pnor to commencement of the Work, the Contractor may request m wntmg that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligarions under the Contrac�t. 7Chereafter, the Contractor may only request such evidence if (1) the Owner fa�ls to make payments to the Contractor as the Contract Documents requue, (2) a change m the Work matenally changes the Contract Sum, or (3) the Contractor idenhfies m wntmg a reasonable concern regardmg the Owner's abihty to make payment when due The (h�vner shall furnish such evidence as a condition precedent to commencement or contmuahon of the Work or the A,IA Document A201 "' - 2007 Copyright � 1911 1815 1818 1925 1937 1951 1958 1961 7963, 1966 1970, 1976 1987 1997 and 2007 by The Amencan Init Instltute of Archrtects All rights reserved WARNING This AIA� Document is protected by U S Copyrlght Law and Intemattonal Treatles Unauthorized � � n�production or distributlon of this AIA� Document, or any portion of it, may result in severe cNil and eriminal penalties, and wfll be prosecuted to the � maximum extent posslble under the law This document was produced byAlA software at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ires on 11/08/2013 and is not for resale User Notes (1717193828) porhon of the Work affected by a matenal change After the Owner furmshes the evidence, the Owner sha11 not matenally vary such financial arrangements vv�thout pnor not�ce to the Contractor § 2 2 2 Except for permrts and fees that are the responsibihty of the Contractor under the Contract Documents, including those requued under Sechon 3 71, the Owner shall secure and pay for necessary approvals, easements, assessments and charges reqwred for construchon, use or occupancy of permanent structures or for permanent changes m existing faciht►es § 2 2 3 The Owner shall furmsh surveys descnbmg physical charactenshcs, legal lumtarions and utilrty locanons for the site of the Pro�ect, and a legal descnphon of the srte The Contractor shall be enntled to rely on the accuracy of mformahon furnished by the Owner but shall exercise proper precautions relatmg to the safe performance of the Work § 2 2 4 The Owner shall fixmish mformanon or sernces reqwred of the Owner by the Contract Documents vv�th reasonable promptness The Owner shall also fumish any other mformanon ar services under the Owner's control and relevant to the Contractor's performance of the Work vv�th reasonable promptness after rece�vmg the Coniractor's wntten request for such mformahon or sernces § 2 2 5 Unless othervinse provided in the Conlract Documents, the Owner shall fum�sh to the Contractor one copy of the Contract Documents for purposes of making reproduchons pursuant to Sechon 1 5 2 § 2 3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not m accordance with the requuements of the Contract Documents as reqwred by Secnon 12 2 or repeatedly fails to carry out Work m accordance vrnth the Contract Documents, the Owner may issue a wntten order to the Contractor to stop the Work, or any porhon thereof, unril the cause for such order has been elumnated, however, the nght of the Owner to stop the Work shall not give nse to a duty on the part of the Owner to exercise this nght for the benefit of the Contractor ar any other person or enhty, except to the extent reqiured by Sechon 61 3 § 2 4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work m accordance vv�th the Contract Documents and fails v�nthm a ten�ay penod after receipt of wntten nohce from the Owner to commence and contmue correction of such default or neglect v�nth d�hgence and prompmess, the Owner may, vv�thout pre�udice to other remedies the Owner may have, correct such deficiencies In such case an appropnate Change Order shall be issued deductu�g from payments then or thereafter due the Contractor the reasonable cost of correctmg such defic�encies, mcludmg Owner's expenses and compensat►on for the Archrtect's add�tional services made necessary by such default, neglect or failure Such achon by the Owner and amounts charged to the Coniractor aze both sub�ect to pnor approval of the Archrtect If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner ARTICLE 3 CONTRACTOR § 31 GENERAL § 31 1 The Contractor is the person or entity idenbfied as such in the Agreement and is refened to throughout the Conttact Documents as if smgulaz m number The Contractor shall be lawfully hcensed, ifrequued m the�unsdichon where the Pro�ect is located The Contractor shall designate m wntmg a representahve who shall have express authonty to bind the Contractor vv�th respect to all matters under this Contrac� The term "Contractor" means the Contractor or the Contractor's authar�zed representahve § 312 The Contractor shall perform the Work m accordance vv�th the Contract Documents § 313 The Contractor sha11 not be reheved of obhgarians to perform the Work m accordance v�nth the Contract Documents erther by activines or duries of the Architect m the ArchitecYs admuustranon of the Cantract, or by tests, mspecrions or approvals required or performed by persons or entrt�es other than the Contractor AIA Document A201 "' — 2007 Copyright O 1911 1815 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan Init institute of Architects All rights reserved WARNING Thls AIA� Document Is protected by U S Copyright Law and Intematlonal Treaties Unauthorized reproductlon or distributlon of thls AIA� Document, or any portlon of It, may result In severe civil and c�iminal penalties, and wlll be proseeuted to the 11 � maximum extent possible under the law This document was produced by AIA software at 10 4316 on 10N 8/2013 under Order No 5649048242_1 which e�ires on 11/08/2013 and ts not for resale User Notes (1717193828) § 3 2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3 21 Execuhon of the Contract by the Contractor is a representarion that the Contractor has vrsited the site, become generally famihaz vv�th local condihons under wtuch the Wark is to be performed and correlated personal observanons vv�th reqwrements of the Contract Documents § 3 2 2 Because the Coniract Documents aze complementary, the Contractor sha11, before startmg each porhon of the Work, carefully study and compaze the vanous Contract Documents relanve to �at pornon of the Work, as well as the information furnished by the Owner pursuant to Section 2 2 3, shall take field measurements of any existing condihons related to that porhon of the Work, and shall observe any condrtions at the srte affechng it These obhgaaons aze for the purpose of facihtating coorduiahon and construction by the Contractor and are not for the purpose of dtscoveruig errors, omissions, or mconsistencies m the Contract Documents, however, the Contractor shall promptly report to the Archrtect any errors, mconsistencies or omissions discovered by or made laiown to the Contractor as a request for informanon m such form as the Architect may requue It is recogmzed that the Contractor's review is made m the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided m the Contract Documents § 3 2 3 The Contractor is not requu�ed to ascertam that the Conlract Documents are m accordance vv�th apphcable laws, statutes, ardmances, codes, rules and regulahons, or lawful orders of pubhc authonhes, but the Contractor shall promptly report to the Archrtect any nonconformrty discovered by or made lrnown to the Contractor as a request for mformahon m such form as the Arclutect may requu�e § 3 2 4 If the Contractor believes that additional cost or tune is mvolved because of clazificahons ar mstrucrions the Architect tssues m response to the Contractar's nohces or requests for mformation pursuant to Sechons 3 2 2 or 3 2 3, the Contractor shall make Clauns as provided m Article 15 If the Contractor fails to perform the obhgahons of Secnons 3 2 2 or 3 2 3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractar had performed such obligarions If the Contractor performs those obligations, the Contractor shall not be liable to the Owner ar Archrtect for damages resultarg from errors, mconsisteneies or omiss�ons m the Contract Documents, for differences between field measurements ar condihons and the Contract Documents, or for nonconform�hes of the Contract Documents to apphcable laws, statutes, orduiances, codes, rules ar►d regulations, and lawful orders of pubhc authonhes § 3 3 SUPERVISION AND CONSTRUC?lON PROCEDURES § 3 31 The Contractor shall supervise and direct the Work, usmg the Contractor's best skill and attent�on The Contractor shall be solely responsible for, and have control over, construchon means, methods, techmques, sequences and procedures and for coardmahng all porhons of the Work under the Contract, unless the Contract Documents give other specific roshuctions concernuig these matters If the Contract Documents give specific rostruchons concernmg construchon means, methods, techiuques, sequences or procedures, the Contractor shall evaluate the �obsrte safety thereof and, except as stated below, shall be fully and solely responsible for the �obsrte safety of such means, methods, techmques, sequences or procedures If the Contractor determmes that such means, methods, techmques, sequences ar procedures may not be safe, the Contractor shall give hmely wntten nonce to the Owner and Architect and sha11 not proceed wrth that portion of the Work vinthout further wntten mstruchons from the Archrtect If the Contractor is then mstructed to proceed wrth the reqwred means, methods, techmques, sequences or procedures vv�thout acceptance of rhanges proposed by the Contractor, the Owner shall be solely responsible for any loss or damage ansmg solely from �those Owner-reqwred means, methods, techmques, sequences or procedures � 3 3 2 The Contractor sha11 be responsible to the Owner for acts and omissions of the Contractor's employees, i�ubcontractors and theu agents and employees, and other persons or entiUes perfomung porhons of the Work for, or ��n behalf of, the Contractor or any of rts Subcontractors �j 3 3 3 The Contractor shall be responsible for mspechan of portions of Work already performed to detenivne that �uch porUons aze m proper condrtion to receive subsequent Work s� 3 4 LABOR AND MATERIALS � 3 41 Unless otherwise provided m the Contract Documents, the Contractor shall provide and pay for labor, inatenals, eqwpment, tools, construchon equipment and xnaclunery, water, heat, utiliries, transportarion, and other facihries and services necessary for proper execuhon and complehon of the Work, whether temparaay or permanent <<nd whether or not mcorporated or to be mcorporated m the Work /UA Doeument A201 "' — 2007 Copynght � 1911 1915 1918 7925 1937 1951 195B 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan Init �i�$Utute oi Architecfs All rights reserved WARNING This AIA Document Is protected by U S Copyrlght Law and Intematlonal Treatles Unauthorized .� 2 reproduction or distrlbutton of this AIA� Document, or any portlon of it, may result in severe cNil and eriminal penalties, and wlll be prosecuted to the � nnaximum extent possible under the Iaw This document was produced byAlA software at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ires an 11/08/2013 and is not for resale Llser Notes (1717193828) § 3 4 2 Except m the case of mmor changes m the Work authonzed by the Architect in accordaace with Sechons 3 12 8 or 7 4, the Contractor may make substitutions only with the consent of the Owner, after evaluahon by the Archrtect and m accordance vv�th a Change Order or Construct�on Change Duechve § 3 4 3 The Contractor shall enforce str�ct disciplme and good order among the Contractor's employees and other persons carrying out the Work The Contractor sha11 not permrt employment of unfit persons ar persons not properly skilled m tasks assi�ed to them § 3 5 WARRANTY The Contractor wamants to the Owner and Archrtect that matenals and equipment fumished under the Contract vv�ll be of good qual�ty and new unless the Contract Documents reqwre or perm�t otherwise The Contractor further warrants that the Work v�nll conform to the requ�rements of the Contract Documents and vv�ll be free from defects, except for those mherent m the quahty of the Work the Contract Documents reqwre or permrt Work, matenals, or equipment not confornung to these requuements may be considered defecrive The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterahons to the Work not executed by the Contractor, �mproper or msufficient maintenance, unproper operarion, or normal wear and teaz and normal usage If requued by the Archrtect, the Contractor shall fumish satisfactory evidence as to the lund and quahty of mater�als and equipment § 3 6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids aze received or negohaUons concluded, whether ar not yet effecnve or merely scheduled to go mto effect § 3 7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3 71 Unless otherwise provided m the Contract Documents, the Contractor shall secure and pay for the bmldmg pernut as well as for other pennrts, fees, hcenses, and mspechons by government agencies necessary for proper execuhon and complerion of the Work that are customanly secured after execuhon of the Contract and legally requu�ed at the tune bids aze received or negonations concluded § 3 7 2 The Contractor shall comply vv�th and give nonces reqwred by apphcable laws, statutes, orduiances, codes, rules and regalateons, and lawful orders of public authonbes appl�cable to performance of the Work. § 3 7 3 If the Contractor performs Work lrnovv�ng rt to be contrary to applicable laws, statutes, orduiances, codes, rules , and regulahons, or lawful orders of public authar�Ues, the Contractor shall assume appropnate responsibihty for such Work and shall beaz the costs attnbutable to correchon § 3 7 4 Concealed or Unknown Condit�ons If the Contractor encounters condiUons at the srte that are (1) subsurface or otherwise concealed physical condrnons that differ matenally from those mdicated m the Contract Documents or (2) unl�own physical condit�ons of an unusual nature, that differ matenally from those orduianly found to exist and generally recogmzed as mherent m construct�on act�viries of the character provided far m the Contract Documents, the Contractor shall promptly provide nohce to the Owner and the Architect before condihons aze disttubed and m no event later than 21 days after first observance of the condihons The Archrtect vv�ll promptly mvest�gate such condirions and, if the Archrtect determmes that they differ matenally and cause an mcrease or decrease m the Contractor's cost of, or tune requued for, performance of any part of the Work, will recommend an eqmtable ad�ustment in the Contract Sum or Conh�act Time, or both If the Archrtect determmes that the condihons at the site are not matenally different from those mdicated m the Contract Documents and that no change m the terms of the Contract is �ushfied, the Arclutect shall promptly nohfy the Owner and Contractar m wrrtuig, staring the reasons If erther party disputes the Arch�tect's deternamarion or recommendation, that party may proceed as provided m Anc�le 15 § 3 7 5 If, m the course of the Work, the Contractor encounters human remauis or recogmzes the existence of bunal mazkers, archaeological sites or wetlands not indicated m the Contract Documents, the Contractor shall immediately suspend any operahons that would affect them and shall nohfy the Owner and Architect Upon receipt of such nohce, the Owner shall promptly take any acnon necessary to obtam govemmental authonzation reqwred to resume the operahans The Contractor shall conhnue to suspend such operahons until otherwise mstructed by the Owner but shall contmue wrth all other operahons that do not affect those remams or features Requests far adjustments m the Contract Sum and Contract Time ansing from the eaustence of such remams or features may be made as provided m Anc�le 15 AIA Document A201 TM— 2007 Copynght 01911 1915 1918 1925 1937,1951, 7958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American Init Inst�tute of Architects All rights reserved WARNING This AIA� Doeument is protected by U S Copyright Law and Intematlonai Treatl� Unauthorized 13 reproduction or distribution ot this AIA� Doeument, or any portion of k, may resuR tn severe cNil and crlminal penaRies, and wili be prosecuted to the � maximum extent poss(ble under the Iaw This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ires on 11/08/2013 and is not for resale User Notes (1717193828) § 3 8 ALLOWANCES § 3 81 The Contractor shall mclude m the Contract Sum all allowances stated in the Con�act Documents Items covered by allowances sha11 be supphed for such amounts and by such persons or enhnes as the Owner may du�ect, but the Contractor shall not be requu�ed to employ persons or enUhes to whom the Contractor has reasonable ob�ection 3 8 2 Unless otherwise provided m the Contract Documents, 1 Allowances sha11 cover the cost to the Coniractor of matenals and equipment dehvered at the srte and all reqwred taxes, less applicable trade discounts, 2 Contractor's costs for unloaduig and handlmg at the srte, labor, mstallahon costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be mcluded in the Contract Sum but not m the allowances, and Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accorduigly by Change Order The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Sechon 3 8 2 1 and (2) changes m Contractor's costs under Sechon 3 8 2 2 § 3 8 3 Matenals and eqmpment under an allowance shall be selected by the Owner vv�th reasonable prompmess § 3 9 SUPERINTENDENT § 3 91 The Contractor shall employ a competent supenntendent and necessary assistants who shall be m attendance at the Pro�ect site dunng performance of the Work The supermtendent shall represent the Contractor, and communicahons given to the superuitendent shall be as bmduig as �f given to the Contractor § 3 9 2 The Contractor, as soon as practicable after award of the Contract, shall fumish m wnting to the Owner through the Arclutect the name and qual�8cat�ons of a proposed supenntendent The Architect may reply v�nthm 14 days to the Contractor m wrrtmg stating (1) whether the Owner or the Architect has reasonable ob�ectton to the proposed supermtendent or (2) that the Archrtect reqtures addrtional rime to revyew Failure of the Archrtect to reply vv�thm the 14 day penod shall conshtute notice of no reasonable ob�echon § 3 9 3 The Contractor shall not employ a proposed supenntendent to whom the Owner or Architect has made reasonable and hmely ob�echon The Cont�racctor shall not change the supenntendent vv�thout the Owner's consent, which shall not unreasonably be vv�thheld or delayed § 310 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3101 The Contractor, promptly after bemg awazded the Contract, shall prepare and submrt for the Owner's and Archrtect's mformahon a Contractor's construchon schedule for the Work The schedule shall not exceed hme lumts current under the Contract Documents, shall be rev�sed at appropnate mtervals as reqtured by the condrtions of the Work and Pro�ect, shall be related to the entu�e Pro�ect to the extent requued by the Contract Documents, and shall provide for expec�nous and pract�cable execution of the Work � 310 2 The Contractor shall prepaze a submittal schedule, promptly after bemg awazded the Contract and thereafter �,s necessary to mamtam a current submittal schedule, and shall submit the schedule(s) for the ArcWtecYs approval The Archrtect's approval shall not unreasonably be delayed or vv�thheld The submittal schedule shall (1) be r„oordwated vv�th the Cantractor's construcrion schedule, and (2) allow the Architect reasonable tune to review ��ubmittals If the Contractor fails to submit a submittal schedule, the Contractor shall not be enritled to any increase m i�antract Sum or extension of Contract Tune based on the tune requued for review of submittals �j 310 3 The Contractor shall perform the Work m general accordance v�nth the most recent schedules submitted to the �Jwner and Arc}utect � 311 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall mamtam at the site for the Owner one copy of the Drawutgs, Specificahons, Addenda, Change I�rders and other Modificarions, m good order and marked currently to mdicate field changes and selechons made ciunng construcUon, and ane copy of approved Shop Drawmgs, Product Data, Samples and similar requ�red �.ubmittals These sha11 be available to the Architect and shall be del�vered to the Archrtect for submittal to the Owner upon complehon of the Work as a record of the Work as constructed {UA Document A201 "' - 2007 Copynght � 1971 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan Init �iisUtute oT Architects All rights reserved WARNING This AIA� Document is protected by U S Copyright Law and intematlonal Treaties Ueauthorized 14 reproduction or dlstribuUon of this AIA� Document, or any port(on of (t, may result in severe cWfl and crlminal penaitles, and will be prosecuted to the / nnaximum extent possible under the law This document was produced by AIA software at 10 4316 on 10H8/2073 under Order No 5649048242_1 which e�ires an 1 110 8/20 7 3 and is not for resale User Notes (1717193828) § 312 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3121 Shop Drawmgs are drawmgs, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier ar distnbutor to illustrate some porhon of the Work § 312 2 Product Data are illustrat�ons, standard schedules, performance charts, mstruchons, brochures, diagrams and other mfonnarion fumished by the Contractor to illustrate matenals or equipment for some portion of the Work. § 312 3 Samples are physical examples that �llustrate materials, equipment or workmanslup and establ�sh standards by which the Work vv�ll Ue �udged § 312 4 Shop Drawuigs, Ptoduct Data, Samples and sunilaz submittals are not Contract Documents Theu purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed m the Contract Documents for those portions of the Work for which the Contract Documents reqwre submittals Review by the Arclutect is sub�ect to the lurutations of Sechon 4 2 7 Informahonal submittals upon wluch the Architect is not expected to take responsive achon may be so idenhfied m the Contract Documents Submittals that are not reqwred by the Contract Documents may be returned by the Arclutect vv�thout act�on § 312 5 The Contractor shall review for comphance v�nth the Contract Documents, approve and submrt to the Architect 5hop Drawuigs, Product Data, Samples and sunilaz submittals reqwred by the Contract Documents m accordance vv�th the subumttal schedule approved by the Arclutect or, m the absence of an approved submittal schedule, vv�th reasonable promph�ess and m such sequence as to cause no delay m the Work or m the acrivrties of the Owner or of separate contractors § 312 6 By submimng Shop Dravcnngs, Product Data, Samples and similar submitxals, the Contractor represents to the Owner and Arctutect that the Contractor has (1) reviewed and approved them, (2) determmed and venfied matenals, field measurements and field construct�on cntena related thereto, or v�nll do so and (3) checked and coordmated the mformation contamed v�nthin such submittals v�nth the reqwrements of the Work and of the Contract Documents § 312 7 The Coniractor shall perform no pornon ofthe Work for which the Contract Documents requ�re submittal and review of Shop Drav�nngs, Product Data, Samples or sun�laz submittals unhl the respechve submittal has been approved by the Archrtect � § 312 8 The Work shall be ui accordance v�nth approved submittals except that the Contractor sha11 not be reheved of responsibihty for deviahons from requuements of the Contract Docuxnents by the ArchitecY s approval of Shop Drawu►gs, Product Data, Samples or s�milaz subm�ttals unless the Contractor has specifically mformed the Architect m wnhng of such deviarion at the tune of submrttal and (1) the Architect has given wntten approval to the specific deviahon as a mmor change m the Work, ar(2) a Change Order or Construchon Change Duechve has been issued author�zmg the deviarian The Contractor shall not be reheved of responsibihty for enors or omissions m Shop Drawuigs, Product Data, Samples or suYUlar submittals by the ArchrtecYs approval thereof § 312 9 The Contractor shall du�ect specific attention, m wntmg or on resubmitted Shop Drawings, Product Data, Samples or sinular submittals, to revisions other than those requested by the Arclutect on previous submittals In the absence of such wntten nohce, the Arclutect's approval of a resubmission shall not apply to such revisions § 31210 The Contractor shall not be reqwred to provide professional sernces that conshtute the practice of azctutecture or enguieenng unless such services are specifically requued by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services m order to carry out the Contractor's responsibihhes for construction means, methods, tecluuques, sequences and procedures The Cantractor shall not be reqwred to provide professional services m violanan of apphcable law If professional design servrces or cerhficahons by a design professional related to systems, matenals or equipment aze specifically reqwred of the Contractor by the Contract Documents, the Owner and the Arclutect vv�ll specify all performance and design cntena�that such sernces must sahsfy The Contractor shall cause such sernces or cernficarions to be provided by a properly hcensed design professional, whose signature and seal sha11 appear on all drawuigs, calculahons, specificahons, cerhficahons, Shop Drawuigs and other submittals prepared by such professional Shop Drawu�gs and other submittals related to the Work designed or cerhfied by such professional, if prepared by others, shall bear such professional's wntten approval when submitted to the Architect The Owner and the Arclutect shall be entitled to rely upon the adequacy, accuracy and AIA Document A201'"' — 2007 Copyright O 1911 1915 1918 1925 1937 1951 7958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American Init InsUtute of Architects All rights reserved WARNING Thts AIA� Document Is protected by U S Copyright Law and Intemattonai Treaties Unauthorized 15 reproductlon or distribution of thls AIA� Document, or any portion of R, may result in severe civil and criminal penalGes, and wlll be prosecuted to the � maxlmum extent possible under the law This document was produced by AIA soflware at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ires on 11/08/2013 and is not for resale User Notes (1717793828) completeness of the services, cerhfications and approvals performed or provided by such des�gn professionals, provided the Owner and Architect have specified to the Contractor all performance and design cntena that such sernces must sahsfy Pursuant to this Sechon 3 1210, the Architect will review, approve or talce other appropnate acrion on submrttals only for the lunrted purpose of checkmg for conformance vv�th mformation given and the design concept expressed m the Cantract Documents The Contractor sha11 not be responsible for the adequacy of the performance and design cntena specified m the Contract Documents § 313 USE OF SITE The Contractor shall confine operahons at the srte to areas permrtted by apphcable laws, statutes, orduiances, codes, rules and regulahons, and lawful orders of public authorines and the Contract Documents and shall not unreasonably encumber the srte v�nth matenals or equipmen� § 314 CUTTING AND PATCHING § 3141 The Contractar shall be responsible for cuttmg, fithng or patching reqwred to complete the Work ar to make rts parts fit together properly All areas requu�uig cutt�ng, fitring and patchuig shall be restored to the condirion exishng pnor to the cuttmg, fitdng and patchmg, unless othervv�nse requued by the Contract Documents § 314 2 The Contractor shall not damage or endanger a porhon of the Work ar fully or parhally completed construchon of the Ownet or separate contractars by cuttmg, patchmg or otherwise alteruig such construction, or by excavahon The Contractor shall not cut or otherwise alter such construchon by the Owner or a sepazate contractor except v►nth wntten consent of �e Owner and of such sepazate contractor, such consent shall not be unreasonably v►nthheld The Contractor shall not unreasonably v�nthhold from the Owner or a separate contractor the Contractor's consent to cuthng or othervtnse altenng the Work. § 315 CLEANING UP § 3151 The Contractor shall keep the premises and surrounduig area free from accumulahon of waste matenals or rubbish caused by operat�ons under the Contract At complehon of the Work, the Contractor shall remove waste matenals, rubbish, the Contractor's tools, construcUon eqwpment, machmery and surplus matenals from and about the Pro�ect § 315 2 If the Contractor fails to clean up as provrded m the Contract Documents, the Owner may do so and Owner shall be enhded to reimbursement from the Contractor § 316 ACCESS TO WORK The Contractor shall provide the Owner and Archrtect access to the Work m prepazat�on and progress wherever located § 317 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalhes and hcense fees The Contractor sha11 defend smts or cla�ms for mfruigexnent of copyrights and patent nghts and shall hold the Owner and Arch�tect harmless from loss on account thereof, but shall not be respons�ble for such defense ar loss when a panc�ular design, process or product of a pazricular manufacturer or manufacturers is reqwred by the Contract Documents, or where the copynght violahons aze contawed m Drawmgs, Specificahons or other documents prepazed by the Owner or Architect However, if the Contractor has reason to beheve that the requ�red design, process or product is an mfruigement of a copynght or a patent, the Contractor shall be responsible for such loss unless such mformaUon is promptly furnished to the Archrtect § 3181NDEMNIFICATION § 3181 To the fullest extent permitted by law the Contractar shall mdemmfy and hold harmless the Owner, Architect, ArchitecY s consultants, and agents and employees of any of them from and against clauns, damages, losses and �expenses, mcluding but not lumted to attorneys' fees, ansmg out of or resultang from perfortnance of the Work, provided that such cla�m, damage, loss or expense is attributable to bodily m�ury, sickness, disease or death, or to m�ury to or destrucrion of tangible property (other than the Work rtsel fl, but only to the extent caused by the neghgent acts or omissions of the Cantractor, a Subcontractor, anyone du�ectly or mdu�ectly employed by them or anyone for �whose acts they may be hable, regardless of whether or not such claun, damage, loss or expense is caused m part by a �party mdemmfied heretmder Such obligahon sha11 not be construed to negate, abndge, or reduce other nghts or ��bhgahons of indem�uty that would otherwise exist as to a party or person descnbed in this SecUon 3 18 AIA Dxument A201 "' - 2007 Copynght m 1911 1915, 1918, 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American Init InsBtute of Architects All Nghts reserved WARNING This AIA� Document Is protected by U S Copyright Law and Intemational Treaties Unauthorfzed 16 �sproduetion or dlstribution of this AIA� Document, or any portlon of It, may resuN tn severe civil and criminal penaRles, and wlll be proseeuted to the � maximum extent possibie under the law This document was produced byAlA software at 10 43 16 on 10N8/2013 under Order No 5649048242 1 which e�fres on 11/OB/2013 and is not fa resale UserNotes (1717193828) § 318 2 In clauns agamst any person or enrity indemmfied tmder this Sect�on 3 18 by an employee of the Contractor, a Subcontractor, anyone duectly or md�rectly employed by them or anyone for whose acts they may be hable, the mdemmficahon obligarion under Secnon 3 181 shall not be huuted by a lumtat�on on amount ar type of damages, compensarion or benefits payable by or for the Coniractor or a Subcontractor under workers' compensahon acts, disabihty benefit acts or other employee benefit acts ARTICLE 4 ARCHITECT § 41 GENERAL § 41 1 The Owner shall retaw an azchitect lawfully hcensed to pracrice azchrtecture or an enhty lawfully pract�cmg architecture m the �unsdichon where the Pro�ect is located That person or enhty is ident�fied as the Arclutect in the Agreement and is referred to throughout the Contract Documents as if smgular m number § 412 Duhes, responsibihties and lumtarians of authorrty of the Archrtect as set forth m the Contract Documents shall not be restncted, modified or extended vv�thout wntten consent of the Owner, Contractor and Architect Consent shall not be unreasonably vv�thheld § 413 If the employment of the Archrtect is terminated, the Owner shall employ a successor azchrtect as to whom the Contractor has no reasonable ob�echon and whose status under the Coniract Documents shall be that of the Architect § 4 2 ADMINISTRATION OF THE CONTRACT § 4 21 The Arclutect vv�ll provide admmistration of the Contract as descnbed m the Contract Documents and vv�ll be an Owner's representanve dtuYng construcrion unnl the date the Arclutect �ssues the final Cerhficate for Payment The Archrtect v�nll have authonty to act on behalf of the Owner only to the extent provided m the Contract Documents § 4 2 2 The Archrtect vinll visit the srte at mtervals appropnate to the stage of construchon, or as otherwise agreed v�nth the Owner, to become generally famihaz vv�th the progress and quahty of the pordon of the Work completed, and to deternune m general if the Work observed is being performed m a manner mdicahng that the Work, when fully completed, vv�ll be m accordance with the Contract Documents However, the Arctutect vv�ll not be reqiured to make exhausrive or contmuous on-srte mspechons to check the qualrty or quanhty of the Work The Architect vv�ll not have control over, charge of, or responsibihty for, the construchon means, methods, techYUques, sequences or procedures, or for the safety precauhons and programs m connecnon vv�th the Work, smce these are solely the Contractor's nghts and responsibil�nes under the Contract Documents, except as provided m Sechon 3 3 1 § 4 2 3 On the basis of the srte visits, the Archrtect v�nll keep the Owner reasonably mformed about the progress and quahty of the porhon of the Work completed, and report to the Owner (1) l�own deviahons from the Contract Documents and from the most recent construcrion schedule submitted by the Cantractor, and (2) defects and deficiencies observed in the Work The Archrtect vv�ll not be responsible for the Contractor's failure to perform the Work m accordance vv�th the reqwrements of the Contract Documents The Archrtect v�nll not have control over or charge of and v�nll not be responsible for acts or omissions of the Contractor, Subcontractors, or the�r agents or employees, or any other persons or entihes perfornnng portions of the Work § 4 2 4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided m the Contract Documents or when duect commumcarions have been sp�ially authar�zed, the Owner and Contractor shall endeavor to commumcate vv�th each other through the Archrtect about matters ansing out of or relating to the Contract Commumcations by and vinth the Archrtect's consultants shall be through the Arclutect Communications by and vv�th Subcontractors and matenal supphers sha11 be through the Contractor Communicarions by and vinth sepazate contractors shall be through the Owner § 4 2 5 Based on the Archrtect's evaluanons of the Contractor's Apphcahons for Payment, the Arctutect v�nll review and cerhfy the amounts due the Contractor and v�nll issue Cerhficates for Payment m such amounts § 4 2 6 The Arclutect has authonty to re�ect Work that does not conform to the Contract Documents Whenever the Architect considers it necessary or advisable, the Arclutect v�nll have authonty to reqwre mspecnon or teshng of the Work in accordance v�nth Secrions 13 5 2 and 13 5 3, whether or not such Work is fabricated, mstalled or completed However, nerther this authonty of the Archrtect nor a decision made m good farth erther to exercise or not to exercise such authonty shall give nse to a duty or responsibihty of the Architect to the Contractor, 5ubcontractors, matenal and equipment supphers, theu agents or employees, or other persons or entihes performing porhons of the Work AIA Document A201 *" — 2007 Copyright � 1911 1915 1918 1925 1937 1951 1858 1961 1963 1966 1870 1976 1987 1997 and 2007 by The Amencan Init ��� of Architects All righta reserved WARNING This AIA� Document is protected by U S Copyright Law and intemational Treatles Unauthorized � 7 reproductlon or distribution of this AIA� Document, or any portion of ft, may resuk in severe c(vil and eriminal penakies, and will be prosecuted to the � maximum extent possible under the law This document was produced byAlA sottware at 10 4316 on 10/18/2013 under Order No 5649048242 1 which e�ires on 11/08/2013 end is not for resale User Notes (1717193828) § 4 2 7 The Archrtect vv�ll review and approve, or take other appropnate achon upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the lumted purpose of checlang for conformance vv�th mformation given and the design concept expressed m the Contract Documents The Archrtect's achon vv�ll be taken m accordance vv�th the submittal schedule approved by the Archrtect or, m the absence of an approved submittal schedule, with reasonable promptness while allov►nng sufficient hme m the ArchitecYs professional�udgment to pemut adequate review Review of such submittals is not conducted for the purpose of determming the accuracy and campleteness of other details such as dunensions and quanhUes, or for substanhatmg mstruchons for mstallarion or performance of equipment or systems, all of which remaui the responsibihty of the Contractor as reqiured by the Contract Documents The ArclutecYs review of the Contractor's submittals shall not reheve the Contractor of the obligat�ons under Secrions 3 3, 3 5 and 3 12 The ArchrtecYs review sha11 not conshtute approval of safety precaurions or, unless otherwise specifically stated by the Arclutect, of any consiruction means, methods, techniques, sequences or procedures The Arclutect's approval of a specific rtem shall not mdicate approval of an assembly of which the rtem is a component § 4 2 8 The Architect vv�ll prepare Change Orders and Construchon Change Duectives, and may authonze muior changes m the Work as provYded m Secrion 7 4 The Architect vv�ll mveshgate and make determu�ahons and recommettdarions regarduig concealed and unlrnown condihons as provided m SecUon 3 7 4 § 4.2 9 The Arch�tect vv�ll conduct mspechons to deteimme the date or dates of Substantial Completion and the date of final complenon, issue Certificates of Substanhal Complehon pursuant to Section 9 8, recerve and forward to the Owner, for the Owner's review and records, wntten warranhes and related documents requued by the Contract and assembled by the Contractor pursuant to SecUon 910, and issue a final Certificate for Payment pursuant to Sechon 9 10 § 4 210 If the Owner and Arctutect agree, the Archrtect v►nll provide one or mare pro�ect representahves to assist m carrymg out the ArchrtecYs responsibihhes at the site The duhes, responsibihhes and hmitations of authonty of such pro�ect represenbhves shall be as set forth m an exhibrt to be mcorporated m the Contract Documents § 4 211 The Archrtect v�nll mterpret and decide matters concernmg performance under, and requuements of, the Contract Documents on wntten request of either the Owner or Contractar The Architect's response to such requests vv�ll be made m wnUng v�nthm any tune hnuts agreed upon or othervinse vv�th reasonable promptness § 4 212 Interpretat�ons and decisions of the Architect vv�ll be consistent v�nth the mtent of, and reasonably mferable from, the C�tract Documents and v�nll be m wrrtmg or m the form of drawu�gs When makuig such mterpretations and decisions, the Arch�tect vv�ll endeavor to secure farthful performance by both Owner and Contractor, vv�ll not show parhahty to erther and v�nll not be liable for results of interpretanons or decisions rendered m good faith § 4 213 The Arctutect's decisions on matters relatmg to aesthehc effect will be final if consistent vinth the mtent expressed m the Cantract Documents § 4 214 The Arclutect vtnll review and respond to requests for mformahon about the Contract Documents The Archrtect's response to such requests vinll be made u► wntmg vv�thu► any time luruts agreed upon or otherwise vv�th reasonable promptness If appropriate, the Arclutect v�nll prepare and issue supplemental Drawuigs and Specificanons m response to the requests for mformanon ,ARTICLE 5 SUBCONTRACTORS � 51 DEFINITIONS +� 511 A Subcontractar is a person or enrity who has a direct contract wrth the Contractor to perform a porhon of the �Vark at the srte The term "Subcontractor" is referred to throughout the Contract Documents as if smgulaz m number and means a Subcontractor or an authonzed representahve of the Subcontractor The term "Subcontractor" does not �nclude a separate contractor or subcontractors of a separate contractor � 512 A Sub-subcontractor is a person or enUty who has a direct or mdu�ect contract vv�th a Subcontractor to perform a pomon of the Wark at the site The term "Sub-subcontractor" is referred to throughout the Contract Documents as if �,ingular in number and means a Sub-subcontractor or an authonzed representahve of the Sub-subcontractor /UA Document A201 "' - 2007 Copynght � 1911, 1915 1918 1925, 1937 1951, 1958 1961, 1963 1966 1970 1976 1987 1997 and 2007 by The American Init Instltute of Architects All rights reserved WARNING This AIA Document is protected by U S Copyright Law and Intemational Treaties Unauthorized � 8 reproduction or distribution of this AIA� Document, or any portion of k, may resuR in severe civil and ertminal penalties, and will be prosecuted to the � rnaximum extent possible under the law This document was produced by AIA software at 10 4316 on 10/18/2073 under Order No 5649048242_1 which e�ires un 11/08/2013 and �s not for resale llser Notes (1717193828) § 5 2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5 21 Unless otherwise stated m the Contract Documents or the bidding reqwrements, the Contractor, as soon as practicable after award of the Contract, shall fumish m wnting to the Owner through the Arclutect the names of persons or enhhes (mcluding those who aze to furnish matenals or eqwpment fabncated to a special design) proposed for each pruicipal porhon of the Work. The Archrtect may reply vv�thm 14 days to the Contractor m wntuig sta.hng (1) whether the Owner or the Architect has reasonable ob�ection to any such proposed person ar ent�ty or (2) that the Archrtect requu�es addihonal rime for review Failure of the Owner or Archrtect to reply v�nthm the 14-day penod shall consritute nonce of no reasonable ob�ecnon § 5 2 2 The Contractor shall not contract vv�th a proposed person or enhty to whom the Owner or Arclutect has made reasonable and hmely ob�echon The Contractor shall not be reqi.ured to contract vv�th anyone to whom the Contractor has made reasonable ob�ection § 5 2 3 If the Owner or Archrtect has reasonable ob�ection to a person or ent�ty proposed by the Contractor, the Contractor shall propose another to whom the Owner or Arclutect has no reasonable ob�echon If the proposed but re�ected Subcontractor was reasonably capable of perfomnng the Work, the Contract Sum and Contract Time shall be mcreased or decreased by the difference, if any, occasioned by such change, and an appropnate Change Order shall be issued before coxnmencement of the subshtute Subcontractor's Work However, no increase m the Contract 5um or Contract Tune shall be allowed for such change unless the Contractor has acted promptly and responsively m submittmg names as reqwred § 5 2 4 The Contractor shall not subshtute a Subcontractor, person ar enrity previously selected if the Owner or Archrtect makes reasonable ob�ection to such subsrituhon § 5 3 SUBCONTRACTUAL RELATIONS By appropriate agreement, wntten where legally requ�red for vandrty, the Contractar shall reqwre 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 obhgarions and responsibihhes, mcluding the responsibihty for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Archrtect Each subcontract agreement shall preserve and protect the nghts of the Owner and Architect under the Contract Documents vv�th respect to the Work to be performed by the Subcontractor so that subcontrachng thereof v�nll not pre�udice such nghts, and shall allow to the Subcontractor, unless specifically provided otherwise m the subcontract agreement, the benefit of ali nghts, remedies and redress agamst the Contractor that the Contractor, by the Contract Documents, has agamst the Owner Where appropnate, the Contractor shall reqwre each Subcontractor to enter mto sun�lar agreexnents vv�th Sub-subcontractors The Coniractor shall make available to each proposed Subcontractor, prior to the execuhon of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon wntten request of the Subcontractor, idenrify to the Subcontractor terms and condinons of the proposed subcontract agreement that may be at vanance wrth �e Contract Documents Subcontractors vv�ll sumlarly make copies of apphcable porhons of such documents avallable to theu respective proposed Sub-subcontractors § 5 4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5 41 Each subcontract agreement for a pomon of the Work is assigned by the Contractor to the Owner, provided that 1 assignment is effechve only after telmmation of the Contract by the Owner for cause pursuant to Secnon 14 2 and only for those subcontract agreements that the Owner accepts by notifymg the Subcontractor and Contractor m wntmg, and 2 assignment is subJect to the pnor nghts of the surety, if any, obhgated under bond relahng to the Contract When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's nghts and obhgarions under the subcontract § 5 4 2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensanon shall be equrtably ad�usted for increases m cost resultmg from the suspension § 5 4 3 Upon such assignment to the Owner under ttus Secnon 5 4, the Owner may further assign the subcontract to a successor contractor or other enrity If the Owner assigns the subcontract to a successar contractar or other ent�ty, the AIA Document A201 ^' — 2007 Copynght � 1911 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American Init Institute of Architects All rights teserved WARNING This AIA� Document is protected by U S Copyright Law and Intemational Treatles Unauthorized 19 reproduction or distrtbution of thls NA� Document, or any portion of ft, may resuR in severe cNil and criminal penaRles, and will be prosecuted to the � maximum e�ttent possibie under the law This document was produced by AIA software at 10 4316 on 10/18/2073 under Order No 5649048242_7 which e�ves on 11/08/2013 and is not for resale User Notes (1717193828) Owner shall nevertheless remam legally responsible for all of the successor contractor's obligarions under the subcontract ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 610WNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 61 1 The Owner reserves the nght to perform construchon or operahons related to the Pro�ect wrth the Owner's own forces, and to award separate contracts m connecnon vv�th other portaons of the Pro�ect or other construchon or operahons on the site under Condrtions of the Contract identical or substanhally similar to these mcluduig those portions related to msurance and waiver of subrogahon If the Contractor cla�ms that delay or addirional cost is mvolved because of such action by the Owner, the Contractor shall make such Claam as provided m Arncle 15 § 612 When separate contracts are awarded for different porhons of the Pro�ect or other conshucrion or operahons on the site, the term "Contractor" m�e Contract Documents m each case shall mean the Contractor who executes each separate Owner-Contractor Agreement § 613 The Owner shall provide for coordinarion of the achvines of the Owner's own forces and of each sepazate contractor vv�th the Work of the Contractor, who shall cooperate vv�th them The Contractor shall panc�ipate v�nth other separate contractors and the Owner in reviewmg the�r constrttction schedules The Contractor shall make any revisions to the consiruchon schedule deemed necessary after a �omt review and mutual agreement The construchon schedules shall then consntute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised § 614 Unless otherwise provided m the Contract Documents, when the Owner performs construction or operations related to the Pro�ect vv�th 1�e Owner's own forces, the Owner shall be deemed to be sub�ect to the same obligaUons and to have the same nghts �at apply to the Contractor under the Condrtions of the Contract, mcluduig, vc�thout excludmg others, those stated �n Anc�le 3, this Anc�le 6 and Anc�les 10, 11 and 12 § 6 2 MUTUAL RESPONSIBILITY § 6 21 The Contractor shall afford the Owner and separate contractors reasonable opportumty for mtroducnon and storage of theu matenals and eqmpxnent and performance of theu achvihes, and shall connect and coorduiate the Contractor's construchon and operahons vrnth theu�s as requued by the Contract Documents § 6 2 2 If part of the Cantractor's Work depends for proper execuhon or results upon construchon ar operahons by the Owner or a separate contractor, die Contractor shall, prior to proceedmg vv�th that porrian of the Work, promptly report to the Archrtect apparent discrepancies or defects m such other construction that would render it unswtable for such proper execut�on and results Failure of the Contractor so to report shall conshtute an ackaowledgment that the Ovvner's or separate contractor's completed or partially completed construchon is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable § 6 2 3 The Contractor shall reunburse the Owner for costs the Owner mcurs that are payable to a separate contractor because of the Contractor's delays, improperly hmed acrivihes or defechve construchon The Owner shall be responsible to the Contractor for costs the Contractor mcurs because of a sepazate contractor's delays, unproperly tuned activities, damage to the Work or defective construcnon § 6 2 4 The Contractor shall promptly remedy damage the Contractar wrongfully causes to completed or partially �completed construchon or to property of the Owner or separate contractors as provided m Sechon 10 2 5 +� 6 2 5 The Owner and each separate contractor shall have the same responsibiht�es for cumng and patchmg as aze ��escnbed for the Contractor m Secnon 3 14 ±� 6 3 OWNER'S RIGHT TO CLEAN UP l[f a dispute anses among the Contractor, separate contractors and the Owner as to the responsib�lrty under theu � especrive contracts for maintauung the premises and surrounduig area free from waste matenals and rubbish, the ��wner may clean up and the Architect will allocate the cost among those responsible /UA Document A201 "' — 2007 Copyright � 1911, 1915 1918 1925 1937 1951 7958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amerlcan Init ��shtute of Architects All rights reserved WARNING This AIA Document is protected by U S Copyright Law and Intemational Treaties Unauthorized 20 reproduction or dfstribuUon of thts AIA� Document, or any portion of It, may resuk (n severe clvfl and eriminal penalties, and will be prosecuted to the � rnaximum extent possible under the law Thfs document was produced by AIA software at 10 4316 on 10H8/2013 under Order No 5649048242_1 which e�ires un 11/OB/2013 and is not for resale UserNotes (1717193828) ARTICLE 7 CHANGES IN THE WORK § 71 GENERAL § T 1 1 Changes m the Work may be accomplished after execuhon of the Contract, and vv�thout invalidatmg the Contract, by Change Order, Construction Change Dvechve or order for a mmor change m the Work, sub�ect to the hmrtahons stated m tlus Article 7 and elsewhere m the Contract Documents § 712 A Change Order shall be based upon agreement among the Owner, Contractor and Archrtect, a Construchon Change Duechve requ�res agreement by the Owner and Arclutect and may or may not be agreed to by the Contractor, an order for a muiar change m the Work may be issued by the Archrtect alone § 713 Changes m the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided m the Change Order, Constructton Change D�recrive or order for a minor change m the Work. § 7 2 CHANGE ORDERS § 7 21 A Change Order is a wntten mstrument prepared by the Architect aad signed by the Owner, Contractor and Architect statmg theu agreement upon all of the following 1 The change m the Work, 2 The amount of the adjustment, if any, m the Contract Sum, and 3 The extent of the adjustment, if any, m the Contract Tune § 7 3 CONSTRUCTION CHANGE DIRECTIVES § 7 31 A Construchon Change Duecrive is a wntten order prepared by the Architect and signed by the Owner and Archrtect, d�rectmg a change m the Work pnor to agreement on adjustment, if any, m the Contract Sum or Contract Tune, or both The Owner may by Construchon Change Duecnve, vv�thout mvandahng the Contract, order changes m the Work vv�thm the general scope of the Contract cons�stmg of addrtions, delehons or other revisions, the Contract Sum and Contract Tune bemg ad�usted accorduigly § 7 3 2 A Construchon Change Duecnve shall be used in the absence of total agreement on the terms of a Change Order § 7 3 3 If the Construchon Change Duechve provides for an adjustment to the Contract Sum, the ad�ustment shall be based on one of the followuig methods 1 Mutual acceptance of a lump suxn properly rtem�zed and supported by suffic�ent substanriatmg data to pernut evaluation, 2 Umt pnces stated m the Contract Documents or subsequently agreed upon, 3 Cost to be determmed m a manner agreed upon by the parnes and a mutually acceptable fixed or percentage fee, or 4 As provided in Sechon 7 3 7 § 7 3 4 If umt pnces are staxed m the Contract Documents or subsequently agreed upon, and if quanbbes onguially contemplated are matenally changed m a proposed Change Order or Construchon Change Duective so that apphcat�on of such umt pnces to quanhhes of Work proposed vv�ll cause substanhal meqmty to the Owner or Contractor, the apphcable unrt pnces shall be equrtably ad�usted § 7 3 5 Upon receipt of a Construchon Change Duechve, the Contractor sha11 promptly proceed vv�th the change m the Work mvolved and advise the Archrtect of the Contractor's agreement or disagreement vv�th the method, if any, provided m the Construcrion Change Duect�ve for determining the proposed ad�ustment m the Contract Sum or Contract Time § 7 3 6 A Construchon Change Duechve signed by the Contractor mdicates the Contractor's agreement therevv�th, mcludmg ad�ustment m Contract Sum and Contract Tune or the method for determmmg them Such agreement shall be effecrive unmediately and shall be recorded as a Change Order § 7 3 7 If the Contractor does not respond promptly or disagrees vv�th the method for ad�ustment m the Contract Sum, the Arclutect shall determme the method and the adjustment on the basis of reasonable expenditures and savmgs of those performmg the Work attnbutable to the change, mcluduig, m case of an mcrease m the Contract Sum, an amount AIA Document A201 "' — 2007 Copyright O 1911, 1915 1918 1825,1837 1851 1858 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American ���� InsUtute of Architects All ►ights reserved WARNING This AIA� Oocument is proteeted by U S Copyright Law and Intemational TreaHes Unauthorized 21 reproduction or distributlon of this AIA� Document, or any portion of k, may resuk in severe cNtl and criminal penakies, and will be prosecuted to the � maximum extent possible under the law This document was produced byAlA soflware at 10 4316 on 10/1 B/2013 under Order No 5649048242_1 which e�(res on 11/08/2013 and is not for resale UserNotes (1717193828) for overhead and profit as set forth m the Agreement, or if no such amount is set forth m the Agreement, a reasonable amount In such case, and also under Sechon 7 3 3 3, the Contractor shall keep and present, m such form as the Architect may prescnbe, an rtemized accounting together v�nth appropnate supportmg data Unless otherwise provided m the Contract Documents, costs for the purposes of tlus Sechon 7 3 7 shall be lumted to the followuig 1 Costs of labor, mcludmg social secunty, old age and unemployment msurance, frmge benefits reqwred by agreement or custom, and workers' compensahon msurance, 2 Costs of matenals, suppl�es and eqwpment, mcluduig cost of transportabon, whether incorporated or consumed, 3 Rental costs of machinery and eqmpment, exclusive of hand tools, whether rented from the Contractor or others, 4 Costs of premiums for all bonds and msurance, permit fees, and sales, use or smular taxes related to the Work, and 5 Addirional costs of supernsion and field office personnel du�ectly attnbutable to the change § 7 3 8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results m a net decrease m the Caniract Sum shall be actual net cost as confirmed by the Arctutect When both additaons and credits covenng related Work or subsrituhons are involved m a change, the allowance for overhead and profit shall be figured on the basis of net mcrease, if any, with respect to that change § T 3 9 Pendwg final dete�unarion of the total cost of a Construcnon Change Duechve to the Owner, the Contractor may request payment for Work wmpleted under the Construction Change D�recnve in Apphcations for Payment The Archrtect vv�ll make an mtenm determuiaUon for purposes of monthly certificahon for payment for those costs and cerhfy for payment the amount that the Arcdutect deternvnes, m the Arch�tect's professional �udgment, to be reasonably�ushfied The ArchrtecYs mtenm determmarion of cost shall ad�ust the Contract 5um an the same bas�s as a Change Order, sub�ect to the nght of erther party to d�sagree and assert a Claun m accordance vv�th Article 15 § 7 310 When the Owner and Contractor agree with a determmarion made by the Arclutect concerning the adjustments m the Contract Sum and Contract Tune, or othervv�se reach agreement upon the ad�ustments, such agreement shall be effechve immediately and the Architect vv�ll prepare a Change Order Change Orders may be issued for all or any part of a Construction Change D�rechve § 7 4 MINOR CHANGES IN THE WORK The Archrtect has authonty to order muior changes m the Work not mvolvmg adjustment m the Contract Sum ar extension of the Contract Time and not mconsistent vv�th the intent of the Contract Documents Such changes v�nll be effected by wntten order signed by the Archrtect and shall be bindu�g on the Owner and Contractor ARTICLE 8 T1ME § 81 DEFINITIONS § 81 1 Unless otherwise provided, Contract Tune �s the penod of time, mcludmg authonzed adjustments, allotted m the Contract Documents for Substanhal Completion of the Work § 812 The date of commencement of the Work is the date estabhshed m the Agreement § 813 The date of Substanhal Complehon is the date certified by the Archrtect m accordance vv�th Sechon 9 S § 814 The term "day" as used m the Cantract Documents shall mean calendar day unless otherwise spec�fically defined § 8 2 PROGRESS AND COMPLETION �§ 8 21 Time limrts stated m the Cantract Documents are of the essence of the Contract By executmg the Agreement the Contractor confirms that the Contract Time is a reasonable penod for performing the Work. �§ 8 2 2 The Contractor shall not lrnovv�ngly, except by agreement ar mstruchon of the Owner m wnting, prematurely �;,ommence operations on the srte or elsewhere pnor to the effechve date of msurance requ�red by Arncle 11 to be furnished by the Contractor and Owner The date of commencement of the Work shall not be changed by the effechve date of such msurance 1�IA Document A201 "' - 2007 Copynght B 1911 1915 197 B 1925, 1937 1951, 1958 1961, 1963 1966 1970 1976 1987 1997 and 2007 by The American Init ��b�t of Architects All Nghts reserved WARNING This AIA� Document is protected by U S Copyright Law and Intematlonal Treaties Unauthorized 22 �+eproductlon or distribution ot this AIA� Document, or any portlon of it may result in severe civil and crfminal penakies, and wlll be prosecuted to the � maximum extent possible under the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ves on 11/08/2013 and 1s not for resale User Notes (1717193828) § 8 2 3 The Contractor shall proceed expedihously vv�th adequate forces and shall achieve Substanhal Completion vv�thm the Contract Tune § 8 3 DELAYS AND EXTENSIONS OF TIME § 8 31 If the Contractor is delayed at any tune m the commencement or progress of the Work by an act or neglect of the Owner or Archrtect, or of an employee of erther, or of a separate coniractor employed by the Owner, or by changes ordered m the Work, or by labor disputes, fire, unusual delay m dehvenes, unavoidable casualhes or other causes beyond the Contractor's conirol, or by delay authonzed by the Owner pendmg mediahon and azbitration, or by other causes that the Architect determmes may�ushfy delay, then the Contract Tune shall be extended by Change Order for such reasonable ame as the Archrtect may determme § 8 3 2 Clauns relatang to hme shall be made m accordance v�nth apphcable provisions of Ar�cle 15 § 8 3 3 This Secnon 8 3 does not preclude recovery of damages for delay by erther party under other provisions of the Contract Documents ARTICLE 9 PAYMENTS AND COMPLETION § 91 CONTRACT SUM The Contract Sum is stated m the Agreement and, including author�zed adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Conlract Documents § 9 2 SCHEDULE OF VALUES Where the Contract is based on a shpulated sum or Guarantced Maxunum Pnce, the Contractor shall submit to the Architect, before the first Apphcarion for Payment, a schedule of values allocat�ng the enhre Contract Sum to the vazious porhons of the Work and prepazed m such form and supported by such data to substant�ate its accuracy as the Archrtect may reqwre T}us schedule, unless ob�ected to by the Architect, shall be used as a basis far reviev�nng the Contractor's Apphcanons for Payment § 9 3 APPLICA710NS FOR PAYMENT § 9 31 At least ten days before the date established for each progress payment, the Contractor shall submrt to the Archrtect an item�zed Applicahon for Payment prepared m accordance vv�th the schedule of values, if requu�ed under Secnon 9 2, for completed pomons of the Work Such appl�catian shall be notaz�zed, if requued, and supported by such data substanhahng the Cantractor's nght to payment as the Owner or Archrtect may require, such as copies of requisrtaons from Subcontractors and matenal suppliers, and shall reflect retamage if provided for m the Contract Documents § 9 311 As provided m Sechon 7 3 9, such applicahons may mclude requests for payment on account of changes m the Work that have been properly authonzed by Construchon Change Duechves, or by mtenm determmarions of the Archrtect, but not yet mcluded m Change Orders § 9 312 Apphcations for Payment shall not mclude requests for payment for portions of the Work for which the Conlractor does not mtend to pay a Subcontractor or matenal suppher, unless such Work has been performed by others whom the Contractor mtends to pay § 9 3 2 Unless otherwise provided in the Contract Documents, payments shall be made on account of matenals and eqtupment dehvered and swtably stored at the site for subsequent mcorporaUon in the Work. If approved m advance by the Owner, payment may similarly be made for matenals and eqmpment swtably stored ofFthe srte at a location agreed upon m wrrtmg Payment for matenals and equipment stored on or off the s�te shall be condinoned upon comphance by the Contractor vv�tli procedures satisfactory to the Owner to estabhsh the Owner's trtle to such matenals and eqwpment or othervv�se protect the Owner's interest, and shall mclude the costs of apphcable msurance, storage and transportarion to the srte for such matenals and eqwpment stored off the site § 9 3 3 The Contractar warrants that ntle to a11 Work covered by an Apphcanon for Payment vv�ll pass to the Owner no later than the hme of payment The Contractor further warrants that upon submittal of an Apphcahon for Payment a11 Work for which Cerhficates for Payment have been previously issued and payments received from the Owner shall, to the best of the Coniractor's lmowledge, mformanon and behef, be free and clear of hens, clauns, secunty interests or AIA Dowment A201 "' — 2007 Copynght � 1911 1915 1918 1925 1937 1951, 1958, 1961 1963 1966 1970, 1976, 1987 1997 and 2007 by The Amencan If11t InsUtute of Arch�tects All Hghts reserved WARNING This AIA� Doeument is protected by U S Copyright Law and Intematlonal Treaties Unauthorl=ed 23 reproduetion or distribution of this AIA Document, or any portlon of It, may resuk in severe cNll and criminai penakles, and will be prosecuted to the � maximum extent possible under the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 564904B242_1 which e�ires on 11/08/2013 and �s not for resale User Notes (1717193828) encumbrances in favor of the Contractor, Subcontractors, matenal supphers, or other persons or entihes malang a claun by reason of havuig provided labor, matenals and equipment relatang to the Work § 9 4 CERTIFICATES FOR PAYMENT § 9 41 The Arclutect vv�ll, vv�thm seven days after receipt of the Contractar's Apphcahon for Payment, either issue to the Owner a Cerhficate for Payment, vv�th a copy to the Contractor, for such amount as the Architect determmes is properly due, or nohfy the Contractor and Owner m wnhng of the ArchrtecYs reasons for vv�thholding cerhficahon m whole or m part as provrded m Sechon 9 S 1 § 9 4 2 The issuance of a Cerhficate for Payment will consUtute a representahon by the Architect to the Owner, based on the ArclutecYs evaluahon of the Work and the data compnsmg the Applicahon for Payment, that, to the best of the Architect's lrnowledge, infomiarion and belie� the Work has progressed to the pomt mdicated and that the quahty of the Work is m accordance vinth the Contract Documents The faregomg representations aze sub�ect to an evaluat�on of the Work for conformance vv�th the Contract Documents upon Substanhal Completion, to results of subsequent tests and inspecrions, to correchon of mmor deviahons from the Contract Documents pnar to completion and to specific quahficahons expressed by the Arch�tect The issuance of a Cerhficate for Payment vv�ll fiu�ther conshtute a representahon that the Contractor is enhtled to payment m the amount certified However, the issuance of a Cernficate for Payment will not be a representahon that the Architect has (1) made exhaushve or contuiuous on-srte mspechons to check the qual�ty or quanUty of the Work, (2) reviewed construchon means, methods, techiuques, sequences or procedures, (3) reviewed cop�es of reqwsihons recerved from Subcontractors and matenal supphers and other data requested by the Owner to substantiate the Contractor's nght to payment, or (4) made examinahon to ascertam how or for what purpose the Contractor has used money previously paid on account of the Contract Sum § 9 5 DECISIONS TO WITHHOLD CERTIFICATION § 9 51 The Archrtect may vv�thhold a Cerhficate for Payment m whole or in part, to the extent reasonably necessary to protect the Owner, if m the Arclutect's opmion the representahans to the Owner reqwred by Sechon 9 4 2 cannot be made If the Arc�tect is unable to cerhfy payment m the amount of the Apphcation, the Archrtect vv�ll norify the Contractor and Owner as provided m Sechon 9 41 If the Contractor and Archrtect cannot agree on a revised amount, the Architect v�nll promptly issue a Cerhficate for Payment for the amount for which the Archrtect is able to make such representahons to ti�e Owner The Architect may also vv�thhold a Cerhficate for Payment or, because of subsequently discovered evidence, may nulhfy the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary m the ArclutecYs opuuon to protect the Owner from loss far which the Cantractor is responsible, mcluduig loss resultang &om acts and omissions descnbed m Section 3 3 2, because of 1 defechve Work not remedied, 2 thud party claims filed or reasonable evldence mdicatmg probable filmg of such clauns unless secunty acceptable to the Owner is provided by the Contractor, 3 failure of the Contractor to make payments properly to Subcontractors or for labor, mater�als or equipment, 4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, 5 damage to the Owner or a sepazate contractor, 6 reasonable evidence that the Work v�nll not be completed vv�thm the Contract Tune, and that the unpaid balance would not be adequate to cover actual ar hqiudated damages for the anricipated delay; or 7 repeated failure to carry out the Work m accordance v�nth the Contract Documents § 9 5 2 When the above reasons for v�nthholdmg certificarion are removed, cerhficaUon v►nll be made for amounts previously vv�thheld § 9 5 3 If the Architect v�nthholds cerhficahon for payment under Sechon 9 5 1 3, the Owner may, at rts sole opnon, issue �omt checks to the Contractor and to any Subcontractor or matenal or eqwpment supphers to whom the Contractor failed to make payment for Work properly performed or matenal or eqmpment swtably dehvered if the Owner makes payments by�omt check, the Owner shall nohfy the Arch�tect and the Archrtect v�nll reflect such payment on the next Cerhficate for Payment § 9 6 PROGRESS PAYMENTS § 9 61 After the Archrtect has issued a Cerhficate for Payment, the Owner shall malce payment m the manner and cvrthm the t�me provided in the Contract Documents, and shall so nohfy the Arctutect ,41A Document A201 TM- 2007 Copynght � 1911 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan Init Instltute of Architects All rlgMs reserved WARNING This AIA� Document is protected by U S Copyright Law and Intematlonal Treattes Unauthor(zed ireproductlon or distributlon oi this AIA� Document, or any portion of it, may result in severe civii and cNminal penalties, and will be prosecuted to the 24 � inaximum extent possible undar the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ires im 11/08/2013 and is not for resale IJser Notes (1717193828) § 9 6 2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from ti�e Owner the amount to wluch the 5ubcontractor is entrtled, reflechng percentages actually retamed from payments to the Contractor on account of the Subcontractor's porhon of the Wark The Contractor shall, by appropnate agreement wrth each Subcontractor, reqwre each Subcontractor to make payments to Sub-subcontractors in a sumlaz manner § 9 6 3 The Archrtect will, on request, funush to a Subcontractor, if pracricable, mformanon regazduig percentages of complenon or amounts apphed for by the Contractar and achon taken thereon by the Archrtect and Owner an account of porhons of the Work done by such Subcontractor § 9 6 4 The Owner has the nght to request wntten evidence from the Contractor that the Contractor has properly paid Subcontractors and matenal and eqwpment supphers amounts paid by the Owner to the Contractor for subcontracted Work If the Contractor fa�ls to furnish such evrdence withm seven days, the Owner shall have the nght to contact Subcontractors to ascertam whether they have been properly paid Neither the Owner nor Archrtect sha11 have an obhgahon to pay or to see to the payment of money to a Subcontractor, except as may otherwise be requued by law § 9 6 5 Contractor payments to matenal and eqwpment supphers shall be treated in a manner s�milar to that provrded mSections962,963and964 § 9 6 6 A Cerhficate for Payment, a progress payment, or partial or enhre use or occupancy of the Pro�ect by the Owner shall not conshtute acceptance of Work not m accordance vv�th the Contract Documents § 9 6 7 Unless the Contractor provides the Owner vv�th a payment bond m the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and supphers shall be held by the Contractor far those Subcontractors or supphers who performed Work or fiuYUShed matenals, or both, under contract vv�th the Contractor for wluch payment was made by the Owner Nothmg contained herem shall reqwre money to be placed m a separate account and not commmgled vv�th money of the Contractor, shall ereate any fiduciary hability or tort habihty on the part of the Contractor for breach of trust or shall entrtle any person or enhty to an award of punihve damages agamst the Contractor for breach of the requ�rements of this provision § 9 7 FAILURE OF PAYAIIENT If the Arclutect does not issue a Cerhficate for Payment, through no fault of the Contractor, v�nthm seven days after receipt of the Contractor's Applicanon for Payment, or if the Owner does not pay the Contractor wrthm seven days after the date estabhshed in the Contract Documents the amount certified by the Arclutect or awarded by binding dispute resoluhon, then the Contractor may, upon seven addihonal days' wntten norice to the Owner and Archrtect, stop the Work unhl payment of the amount owmg has been received The Contract Time shall be extended appropnately aad the Contract Sum shall be mcreased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus mterest as provided for m the Contract Documents § 9 8 SUBSTANTIAL COMPLETION § 9 81 Substannal Complehon is the stage m the progress of the Work when the Work or designated porhon thereof is sufficiently complete m accordance vv�th the Contract Documents so that the Owner can occupy or uhhze the Work for its mtended use § 9 8 2 When the Contractor considers that the Work, or a pomon thereof which the Owner agrees to accept separately, is substanrially complete, the Contractor shall prepare and subm�t to the Arclutect a comprehensive hst of rtems to be completed or corrected pnor to final payment Failure to mclude an rtem on such hst does not alter the responsibility of the Contractor to complete all Work in accordance wrth the Contract Documents § 9 S 3 Upon receipt of the Contractor's hst, the Arclutect will make an mspechon to determme whether the Work or designated porhon thereof is substantially complete If the ArchitecYs inspect�on discloses any rtem, whether or not mcluded on the Contractar's hst, wtuch is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or util�ze the Work ar designated portion thereof for rts mtended use, the Contractor shall, before issuance of the Cerhficate of Substanhal Complehon, complete or conect such item upon notificahon by the Archrtect In such case, the Contractar shall then submrt a request for another mspecnon by the Arclutect to determ�ne Substanrial Complehon AIA Document A201 TM— 2007 Copynght O 1911, 1915,1818, 1925,1937, 1951,1958 1861 1963 1866 1970, 1976 1987 1997 and 2007 by The Amencan In(t �nstitute of Architects All rights reserved WARNING This AIA� Document is protected by U 3 Copyright Law and Intemational Treatles Unauthorized 25 reproduction or distributlon of this AIA� Document, or any portion of it, may resuk in severe civil and crlminal penaltles, and will be prosecuted to the � maxlmum extent posaibie under the law This document was produced byAlA software at 10 4316 on 10/18/2013 under Order No 5649048242 1 which e�ires on 11/08l2013 and is not for resale User Notes (1717193828) § 9 S 4 When the Work or designated porhon thereof is substanrially complete, the Architect v�nll prepare a Cerhficate of Substanrial Complehon that shall establish the date of Substannal Complehon, shall estabhsh responsibihnes of the Owner and Conlractor for secunty, maurtenance, heat, uhhhes, damage to the Work and msurance, and shall fix the hme vv�thm which the Contractor shall fimsh all rtems on the hst accompanymg the Cerhficate Warrant�es reqwred by the Contract Documents shall commence on the date of Substanhal Complet�on of the Work or designated pomon thereof unless otherwise provided �n the Cerhficate of Substanhal Complerion § 9 8 5 The Cerhficate of Substantial Completion shall be submitted to the Owner and Contractor for theu wntten acceptance of responsibilrties assigned to them m such Certificate Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applymg to such Work or designated porhon thereof Such payment shall be adjusted for Work that is mcomplete or not m accordance vinth the reqwrements of the Contract Documents § 9 9 PARTIAL OCCUPANCY OR USE § 9 91 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such porhon is designated by separate agreement v�nth the Contractor, provrded such occupancy or use is consented to by the msurer as reqwred under Sechon 113 1 5 and authanzed by public authonties havuig �unsdichon over the Pro�ect Such parhal occupancy or use may commence whether or not the porhon is substanhally complete, provided the Owner and Contractor have accepted in wntmg the respons�b�hbes assigned to each of them for payments, retainage, if any, secunty, mauitenance, heat, uhlrt�es, damage to the Work and insurance, and have agreed m wntu�g concermng the penod for coaechon of the Work and commencement of warranries requ�red by the Contract Documents When the Contractor considers a portion substannally complete, the Contractor shall prepare and submit a l�st to the Architect as prov�ded under Section 9 8 2 Consent of the Contractor to parhal occupancy or use shall not be unreasonably v�nthheld The stage of the progress of the Work sha11 be determuied by wntten agreement between the Owner and Contractor or, �f no agreement is reached, by decision of the Arch�tect § 9 9 2 Immed�ately pnor to such part�al occupancy or use, the Owner, Contractor and Archrtect shall �omtly mspect the azea to be occupied or porhon of the Work to be used m order to determine and record the condihon of the Work § 9 9 3 Unless othervinse agreed upon, parhal occupancy or use of a portion or portions of the Work shall not conshtute acceptance of Work not complymg vv�th the reqwrements of the Contract Documents § 910 FINAL COMPLETION AND FINAL PAYMENT § 9101 Upon receipt of the Contractor's wntten noUce that the Work is ready for final mspection and acceptance and upon rece�pt of a final ApphcaUon for Payment, the Arclutect vv�ll promptly make such mspect�on and, when the Archrtect finds the Work acceptable under the Contract Documents and the Contract fixlly performed, the Arclutect vinll promptly issue a final Cerhficate for Payment statuig that to the best of the ArchitecYs lmowledge, u►format�on and behef, and on the basis of the Arclutect's on-srte vlsrts and mspections, the Work has been completed m accordance v�nth terms and wnditions of the Contract Documents and that the entue balance found to be due the Contractor and noted m the final Cerhficate is due and payable The ArchrtecYs final Cert�ficate for Payment vv�ll conshtute a further representatton that condihons hsted in Section 910 2 as precedent to the Contractor's bemg enhtled to final payment have been fulfilled § 910 2 Nerther final payment nor any remammg retamed percentage shall become due until the Contractor submrts to the Arclutect (1) an affidavrt that payrolls, bills for matenals and eqwpment, and other mdebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts vinthheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencmg that msurance requued by the Contract Documents to remam m force after final payment is currently m effect and v�nll not be canceled or allowed to expue unhl at least 30 days' pnor wntten norice has been given to the Owner, (3) a wntten statement that the Contractor knows of no substanhal reason that the msurance vv�ll not be renewable to cover the penod reqwred by the Contract Dceuments, (4) consent of surety, if any, to final payment and (5), if requued by the Owner, other data estabhshuig payment or sahsfachon of obhgahons, such as rece�pts, releases and waivers of hens, cla�ms, secunty mterests or encumbrances ansmg out of the Contract, to the extent and m such form as may be designated by the Owner If a Subcontractor refuses to fumish a release or waiver reqwred by the Owner, the Contractor may furmsh a bond sansfactory to the Owner to mdemmfy the Owner agauist such hen If such hen remams unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in dischazguig such hen, mcludmg all costs and reasonable attorneys' fees AIA Dowment A201 TM— 2007 CopyngM � 1911 1915 1918 1925 1937 1951 1958 1961 1963, 1966 1970 1976 1987 1997 and 2007 by The Amencan Init Insbtute of Architects All rights reserve � WARNING This AIA� Document Is protected by U S Copyright Lew and IntemaUonal Treatfes Unauthorixed 26 reproduetlon or distr(bution of this AIA Document, or any portlon of tt, may result in severe cNll and criminal penatties, and w(II be prosecuted to the � maximum extent posslble under the law This document was produced byAlA software at 10 4316 on 10/18/2013 under Order No 5649048242 1 which e�ires �on 11/08/2013 and is not for resale User Notes (1717193828) § 910 3 If, after Substanhal Complehon of the Work, final complenon thereof is matenally delayed through no fault of the Contractor or by �ssuance of Change Orders affechng final completion, and the Architect so confirms, the Owner shall, upon apphcahon by the Contractor and certificanon by the Archrtect, and v�nthout term�nahng the Contract, make payment of the balance due for that portion of the Work fully completed and accepted if the remaimng balance for Work not fully completed or corrected is less than retamage sripulated m the Contract Documents, and �f bonds have been furrushed, the wntten consent of surety to payment of the balance due for that porrion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect pnor to cernficanon of such payment Such payment shall be made under terms and condihons govermng final payment, except that rt shall not conshtute a waiver of claims § 910 4 The malung of final payment shall conshtute a waiver of Claams by the Owner except those arismg from 1 liens, Clauns, secunty interests or encumbrances ansmg out of the Contract and unsettled, 2 failure of the Work to comply v�nth the reqturements of the Contract Documents, or 3 terms of special warranhes requu�ed by the Contract Documents § 910 5 Acceptance of final payment by the Contractar, a Subcontractor or matenal suppher shall conshtute a waiver of clauns by that payee except those previously made m wnhng and idenhfied by that payee as unsettled at the tune of final Apphcahon for Payment ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 101 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for uutiatmg, mamtaunng and supernsmg all safety precauUons and programs m connect�on vinth the performance of the Contract § 10 2 SAFETY OF PERSONS AND PROPERTY § 10 21 The Contractor shall take reasonable precautions far safety of, and shall provide reasonable protechon to prevent damage, �n�ury or loss to 1 employees on the Work and other persons who may be affected thereby; 2 the Work and matenals and eqwpment to be mcorparated therem, whether in storage on or offthe site, under caze, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors, and 3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and uhhries not designated for removal, relocation or replacement m the course of construct�on § 10 2 2 The Contractor shall comply vinth and give nonces reqiured by apphcable laws, statutes, ordmances, codes, rules and regulahons, and lawful orders of public authonhes bearmg on safety of persons or property or theu protechon from damage, m�ury or loss § 10 2 3 The Contractor shall erect and mamtaui, as reqwred by existmg condihons and performance of the Conlract, reasonable safeguards for safety and protechon, mcludmg postuig danger signs and other warnings agamst hazards, promulgatmg safety regulahons and notifymg owners and users of ad�acent srtes and uhl�ties § 10 2 4 When use or storage of explosives or other hazazdous matenals or equipment or unusual methods aze necessary for execuhon of the Work, the Contractor shall exercise utmost care and carry on such achvrties under supervision of properly quahfied personnel § 10 2 5 The Contractor shall promptly remedy damage and loss (other than damage or loss msured under property msurance requued by the Contract Docuxnents) to properly referred to m Secnons 10 2 12 and 10 213 caused m whole or m part by the Contractor, a Subconiractor, a Sub-subcontractor, or anyone directly or md�rectly employed by any of them, or by anyone for whose acts they may be hable and for which the Contractor is responsible under Sechons 10 212 and 10 2 1 3, except damage or loss attnbutable to acts or otnissions of the Owner or Arclutect ar anyone dtrectly or mduectly etnployed by either of them, or by anyone for whose acts erther of them may be hable, and not atlnbutable to the fault or neghgence of the Contractor The foregomg obligahons of the Contractor aze m addihon to the Contractor's obhgahons under Sechon 3 18 AIA Doeument A201 "' — 2007 CopyngM O 1911 1915 1918 1925 1937 1951, 1958 1961 1963 1966 1970 1976, 1987 1997 and 2007 by The Amencan Init Instltute of Architects All rights reserved WARNING Thls AIA� Document Is protected by U S Copyright Law and Intemational TreaHes Unauthorized 27 reproductlon or dist►ibutlon of this AIA� Document, or any po►tion of it, may result In severe cNil and crlminal penalties, and wlll be prosecuted to the � maximum extent possible under the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649048242 1 which e�ires on 11/08/2013 and is not for resale User Notes (1717193828) § 10 2 6 The Contractor shall designate a responsible member of the Contractor's orgamzahon at the site whose duty shall be the prevenhan of accidents This person shall be the Contractor's supermtendent unless otherv�nse designated by the Contractor m wnUng to the Owner and Architect § 10 2 7 The Contractor shall not pernut any part of the consiruction or site to be loaded so as to cause damage or create an unsafe condirion § 10 2 8 INJURY OR DAMAGE TO PERSON OR PROPERTY If erther party suffers m�ury 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, wntten nohce of such in�ury or damage, whether or not msured, shall be given to the other party within a reasonable hme not exceeding 21 days after discovery The nohce sha11 provide sufficient detail to enable the other party to mvesngate the matter § 10 3 HAZARDOUS MATERIALS § 10 31 The Contractor is responsible for comphance v�nth any requu�ements mcluded m the Contract Documents regarduig ha7ardous matenals If the Contractor encounters a hazazdous matenal or substance not addressed m the Contract Documents and if reasonable precautions vv�ll be uiadequate to prevent foreseeable bodily m�ury or death to persons resulhng &om a matenal or substance, mcluduig but not luYUted to asbestos or polychloruiated biphenyl (PCB), encountered on the s�te by the Contractor, the Contractor sha11, upon recognizuig the condrtion, unmediately stop Work m the affected azea and report the condrtion to the Owner and Architect m wnhng § 10 3 2 Upon receipt of the Contractor's wntten nohce, the Owner shall obtam the services of a hcensed laboratory to venfy the presence or absence of the matenal or substance reported by the Contractor and, m the event such matenal or substance is found to be present, to cause rt to be rendered harmless Unless otherwise reqwred by the Contract Documents, the Owner shall fumish m wntuig to the Contractor and Architect the names and qualificahons of persons or enht�es who are to perform tests venf}nng the presence or absence of such matenal or substance or who aze to perform the task of removal or safe contauiment of such material or substance The Contractor and the Archrtect vcnll promptly reply to the Owner m wnting statrng whether or not erther has reasonable ob�ection to the persons or enrines proposed by the Owner If either the Contractor or Architect has an ob�ecrion to a person or enrity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable ob�echon When the matenal or substance has been rendered harmless, Work m the affected azea shall resume upon wntten agreement of the Owner and Cantractor By Change Order, the Contract Tune shall be extended appropnately and the Conlract Sum shall be mcreased m the amount of the Contractor's reasonable addrtional costs of shut-down, delay and start-up § 10 3 3 To the fullest extent permitted by law, the Owner shall mdemmfy and hold harmless the Contractor, Subcontractors, Archrtect, ArclvtecYs consultants and agents and employees of any of them from and agamst clauns, damages, losses and expenses, includmg but not lumted to attomeys' fees, arismg out of or resulhng from performance of �e Work m the affected area if m fact the matenal or substance presents the nsk of bodily in�ury or death as descnbed m Sechon 10 3 1 and has not been rendered hannless, provided that such claim, damage, loss or expense is attnbutable to bodily in�ury, sickness, disease or death, or to m�ury to or destruchon of tangible property (other than the Work itsel�, except to the extent that such damage, loss or expense is due to the fault or neghgence of the party seelang mdemmty § 10 3 4 The Owner shall not be responsible under tlus Sechon 10 3 for matenals or substances the Coniractor bruigs to the site unless such matenals ar substances are requued by the Contract Documents 1'he Owner shall be responsible for matenals or substances required by the Contract Documents, except to the extent of the Contractor's fault or neghgence m the use and handlmg of such materials or substances § 10 3 5 The Contractor shall mdemnify the Owner for the cost and expense the Owner mcurs (1) for remediation of a matenal or substance the Contractor bnngs to the srte and neghgently handles, or (2) where the Contractor fails to perform rts obhgat�ons under Section 10 3 1, except to the extent that the cost and expense aze due to the Owner's fault or neghgence § 10 3 6 If, without neghgence on the part of the Contractor, the Contractor is held hable by a governm�►t agency for the cost of remediahon of a hazardous matenal or substance solely by reason of performmg Work as requ�red by the Contract Documents, the Owna shall mdemmfy the Contractor for all cost and expense thereby mcurred AIA Document A201 T" - 2007 Copynght � 1911 1915 1918 1925 1937 1851 1958 1961 1�3 1966 1970 1976 1987 1997 and 2007 by The Amencan ���� Instihrte of Architects All Nghts reserved WARNING This AIA Document is protected by U 3 Copyrlght Law and Intemational Treaties Unauthorized 28 reproduction or disMbution of this AIA� Document, or any portion oi (t, may result In severe civil and criminal penakies, and will be prosecutad to the � maxtmum extent possible under the law Th�s document was produced byAlA software at 10 4316 on 10/18/2013 under Order No 564904B242_1 which e�ires on 71/08/2013 and is not for resale User Notes (1717193828) § 10 4 EMERGENCIES In an emergency affectmg safety of persons or property, the Contractor shall act, at the Contractor's discret�on, to prevent threatened damage, m�ury or loss Additional compensanon or extension of tune claimed by the Contractor on account of an emergency shall be determmed as provided m Anc�le 15 and Article 7 ARTICLE 11 INSURANCE AND BONDS § 11 1 CONTRACTOR'S LIABILITY INSURANCE § 11 1 1 The Contractor shall purchase from and mauitam in a company or compames lawfully authonzed to do busmess in the�unsdichon m which the Pro�ect is located such msurance as will protect the Contractor from clauns set forth below which may anse out of or result from the Contractor's operations and completed operat�ons under the Contract and for which the Cantractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone d�rectly or indirectly employed by any of them, or by anyone for whose acts any of them may be hable 1 Claams under workers' compensabon disability benefit and other similar employee benefit acts that are 4 5 6 � apphcable to the Work to be performed, Claims for damages because of bodily m�ury, occupational sickness or disease, or death of the Contractor's employees, Claims for damages because of bodily m�ury, sickness or disease, or death of any person other than the Contractor's employees, Clauns for damages msured by usual personal m�ury habihty coverage, Clauns for damages, other than to the Work rtself, because of m�ury to or destruchon of tangible property, includuig loss of use resulhng therefrom, Claims for damages because of bodily m�ury, death of a person or property damage arismg out of ownership, maintenance or use of a motor vehicle, Clauns for bodily mJury or property damage ansmg out of completed operahons, and Claims mvolvmg contractual habilrty msurance apphcable to the Contractor's obhgahans under Section 3 18 § 11 12 The msurance reqwred by Section 11 1 1 shall be wntten for not less than hmrts of habihty specified m the Contract Documents or reqwred by law, whichever coverage is greater Coverages, whether wntten on an occurrence or clauns-made basis, shall be mauitauied v�nthout mtemipbon from the date of commencement of the Work unhl the date of final payment and termmahon of any coverage requued to be mamtamed after final payment, and, v�nth respect to the Contractor's completed operahons coverage, unril the exp�rahon of the period for correcrion of Work or for such other penod for mauitenance of completed operahons coverage as spec�fied m the Contract Documents § 11 13 Cerhficates of msurance acceptable to the Owner shall be filed vv�th the Owner pnor to commencement of the Work and thereafter upon renewal or replacement of each requued pohcy of msurance These cerhficates and the msurance pohcies requued by this Sechon 11 1 shall contam a provision that coverages afforded under the pol�c�es vv�ll not be canceled or allowed to expue unnl at least 30 days' pnor wntten notice has been grven to the Owner An addrtional certaficate evidencmg conhnuanon of l�ab�lity coverage, mcludmg coverage for completed operahons, shall be submitted vinth the final Apphcanon for Payment as requ�red by Sechon 910 2 and thereafter upan renewal or replacement of such coverage until the expuarion of the hme requ�red by Sechon 11 1 2 Informahon concernmg reducrion of coverage on account of revised lunits ar clauns paid under the General Aggregate, or both, shall be furmshed by the Contractor wlth reasonable promptness § 11 14 The Contractor shall cause the commercial habihty coverage reqwred by the Contract Documents to mclude (1) the Owner, the Archrtect and the Architect's consultants as addirional msureds for clauns caused m whole or m part by the Contractor's negl�gent acts or omissions during the Contractor's operations, and (2) the Owner as an addihonal msured for clauns caused in whole or m part by the Contractor's neghgent acts or om�ss�ons dimng the Contractor's completed operahons § 112 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasmg and mamtammg the Owner's usual liabihty msurance AIA Doeumen! A201 "' - 2007 Copynght � 1911 1915 1918 1925 1937, 1951 1958, 1961 1963 1966 1970, 1976 1987 1997 and 2007 by The Amencan Init ��ti� of Architects All rlghts reserved WARNING This AIA� Document is protectad by U S Copyright Law and Intemational Treaties Unauthorized 29 reproductlon or distribution of this AIA� Document, or any portlon of k, may resuk in severe civil and criminal penaRies, and witl be prosecuted to the � maximum extent possible under the Iaw This dxument was produced byAlA software at 10 4316 on 10/18/2013 under Order No 5649046242_1 which e�ires on 11/OB/2073 and is not for resale User Notes (1717193828) � 113 PROPERTY INSURANCE § 1131 Unless otherwise provided, the Owner shall purchase and mamtain, in a company or compames lawfully authonzed to do busmess m the �unsdicnon m which the ProJect is located, property msurance wntten on a builder's nsk "all-nsk" or eqmvalent pohcy form m the amount of the mihal Contract Sum, plus value of subsequent Contract Modificahons and cost of matenals supphed or mstalled by others, compnsmg total value for the entYre Pro�ect at the site ott a replacement cost basis v�nthout ophonal deductibles Such property msurance shall be mamtamed, unless othervv�se provided in the Contract Documents or otherwise agreed m wntmg by all persons and enhries who are beneficianes of such msurance, until final payment has been made as provided m Sechon 9 10 or unhl no person or enhty other than the Owner has an msurable mterest m the property reqwred by this Secrion 11 3 to be covered, whichever is later This msurance shall mclude mterests of the Owner, the Contractor, Subcontractors and Sub-subcontractors m the Pro�ect § 11311 Property msurance shall be on an"all-nsk" or equivalent pohcy form and shall mclude, vv�thout limrtarion, msurance agawst the penls of fire (vv�th extended coverage) and physical loss or damage mcluduig, vv�thout duphcahon of coverage, theft, vandahsm, mahcious mischief, collapse, earthquake, flood, windstarm, falsework, testmg and startup, temporary builduigs and debns removal mcluduig demohnon occasioned by enforcement of any apphcable legal reqturements, and shall cover reasonable compensahon for Architect's and Contractor's services and expenses reqwred as a result of such msured loss § 11312 If the Owner does not mtend to purchase such property msurance reqwred by the Contract and v�nth all of the coverages m the amount descnbed above, the Owner shall so mform the Contractor m wnhng pnor to commencement of the Work The Contractor may then effect msurance that vv�ll protect the mterests of the Contractar, Subcontractors and Sub-subcontractors m the Work, and by appropnate Change Order the cost thereof shall be charged to the Owner If the Contractor �s damaged by the failure or neglect of the Owner to purchase or mamtaui msurance as described above, w►thout so norifying the Contractor m wrrtmg, then the Owner shall bear all reasonable costs properly attnbutable thereto § 11313 If the property msurance requues deducnbles, the Owner shall pay costs not covered because of such deductibles § 11314 T7us property msurance shall cover porhons of the Work stored offthe srte, and also portions of the Work m transit § 11315 Partial occupancy or use m accordance v�nth Sechon 9 9 shall not commence unril the insurance company or compames providing property insurance have consented to such part�al occupancy or use by endorsement or othervv�se The Owner and the Contractor shall take reasonable steps to obtam consent of the msurance company or compames and shall, vv�thout mutual wntten consent, take no action v�nth respect to partial occupancy or use that would cause cancellataon, lapse or reduct►on of insurance § 113 2 BOILER AND MACHIPIERY INSURANCE The Owner shall purchase and mamtam boiler and machmery msurance requued by the Contract Documents or by law, wluch shall specifically cover such msured ob�ects dunng mstallat�an and unnl final acceptance by the Owner, this msurance shall mclude mterests of the Owner, Contractor, Subcontractors and Sub-subcontractors m the Work, and the Owner and Contractor shall be named msureds § 113 3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and mamtam such uisurance as v�nll msure the Owner agamst loss of use of the Owner's property due to fire or other hazazds, however caused The Owner waives ali nghts of achon aga�nst the Cantractor for loss of use of the Owner's property, mcludmg consequenhal losses due to fire or other hazards however caused § 113 4 If the Contractor requests m wntmg that msurance for nsks other than those descnbed herem or other special causes of loss be included m the property msurance pohcy, the Owner shall, if possible, mclude such msurance, and the cost thereof shall be charged to the Contractor by appropnate Change Order § 113 5 If dunng the Pro�ect construcrion penod the Ownea msures propert�es, real ar personal or both, at or adjacent to the site by property msurance under pohcies separate from those msurmg the Pro�ect, or if after final payment AIA Dowment A201 "' — 2007 Copyright m 1911 1915 1918 1925 1837 1851 1858 1967 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan Init Insbtute of Architects Ali righ� resene � WARNING This AIA� Document Is protected by U S Copyright Law and IntemaUonal Treattea Unauthorbsd 30 reproduction or distrfbution of this AIA Document, or any portion oi It, may resuk in severe civil and criminal penalties, and will be prosecuted to the � maximum extent possible under the law This document was produced by AIA software at 10 4316 on 1 011 8/2 0 1 3 under Order No 5849048242_1 which e�ires �on 11/OB/2013 and is not for resale User Notes (1717193828) property insurance is to be provided on the completed Pro�ect through a policy or policies other than those insurmg the Pro�ect durmg the construchon penod, the Owner shall waive all rights m accordance vv�th the terms of Sechon 11 3 7 for damages caused by fire or other causes of loss covered by this sepazate property insurance All separate pohcies shall provide this waiver of subrogahon by endorsement or othervv�se § 113 6 Before an exposure to loss may occur, the Owner shall file wrth the Contractor a copy of each pohcy tliat mcludes insurance coverages reqwred by this Sechon 11 3 Each policy shall conta�n all generally apphcable condit�ans, defimhons, exclusions and endorsements related to this Pro�ect Each pohcy sha11 contam a provrsion that the pohcy vv�ll not be canceled or allowed to expire, and that its Imuts vv�ll not be reduced, unhl at least 30 days' pnor wntten nonce has been given to the Contractor § 113 7 WAIVERS OF SUBROGATION The Owner and Contractor waive ali nghts agauist (1) each other and any of theu subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors descnbed m Arricle 6, if any, and any of theu subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property msurance obtamed pursuant to this Sechon 113 or other property msurance apphcable to the Work, except such nghts as they have to proceeds of such msurance held by the Owner as fiduciazy The Owner or Contractor, as appropnate, shall requue of the Architect, Architect's consultants, separate coniractors descnbed m Art►cle 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, wntten where legally requ�red for vandity, similaz waivers each m favor of other pazries enumerated herein The pohcies shall provide such waivers of subrogahon by endarsement or otherwise A waiver of subrogation shall be effective as to a person or enhty even though that person or enhty would otherwise have a duty of mdemmficanon, contractual or otherwise, did not pay the insurance premium du�ectly or md�rectly, and whether or not the person or enhty had an msurable mterest m the property damaged § 113 8 A loss msured under the Owner's property insurance shall be ad�usted by the Owner as fiduciary and made payable to the Owner as fiduciary for the uisureds, as theu interests may appear, sub�ect to requuements of any apphcable mortgagee clause and of Secrion 11 3 10 The Contractor shall pay Subcontractors their �ust shazes of insurance proceeds received by the Contractor, and by appropnate agreements, wntten where legally requ�red for validrty, shall reqwre Subcontractors to make payments to theu Sub-subcontractors m sunilar manner § 113 9 If requued m wnting by a party m mterest, the Owner as fiduciary shall, upon occurrence of an msured loss, give bond for proper performance of the Owner's dunes The cost of requued bonds shall be charged agauist proceeds received as fiduciary The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance vv�th such agreement as the parhes m mterest may reach, or as determined m accordance v�nth the method of bmd�ng dispute resolunon selected m the Agreement between the Owner and Contractor If after such loss no other special agreement is made and unless the Owner terminates the Contract for convemence, replacement of damaged property shall be performed by the Contractor after nonficahon of a Change m the Work m accordance vv�th Anc�le 7 § 11310 The Owner as fiduciary shall have power to ad�ust and settle a loss vv�th msurers unless one of the part�es m �nterest shall ob�ect in wntuig wrthm five days after occurrence of loss to the Owner's exercise of this power, if such ob�echon is made, the dispute shall be resolved m the manner selected by the Owner and Contractor as the method of bmduig dispute resolution m the Agreement If the Owner and Contractor have selected arbitrahon as the method of bmdwg dispute resoluhon, the Owner as fiduciary sha11 make settlement v�nth msurers or, m the case of a dispute over distriburion of msurance proceeds, m accordance vv�th the directions of the azbitrators § 114 PERFORMANCE BOND AND PAYMENT BOND § 1141 The Owner shall have the nght to reqwre the Contractor to furnish bonds covermg faithful performance of the Contract and payment of obhgahons ansmg thereunder as st�pulated m biddu►g reqwrements or specifically requued m the Contract Documents on the date of execution of the Contract § 114 2 Upon the request of any person or enhty appearing to be a potennal beneficiary of bonds covermg payment of obhgations azismg under the Contract, the Contractor shall promptly furmsh a copy of the bonds or shall author�ze a copy to be fumished AIA Document A201 T" — 2007 Copynght O 1911 1915 1918 1925 1937 1957 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan Init Ins4tute of Architects All rights resarved WARNING Tliis AIA� Dowment Is protected by U S Copyright Law and Intematfonat Treaties Unauthorized 31 reproduction or distNbutlon of this AIA� Document, or any po�tfon of k, may result in savere cNll and criminal penalties, and will be prosecuted to the � maximum extent possibie under the Isw This document was produced by AIA software at 10 4316 on 10N 8/2013 under Order No 5649048242_1 which e�ires on 11/08/2013 and is not for resale UserNotes (1717193828) ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 121 UNCOVERING OF WORK § 121 1 If a porhon of the Work is covered contrary to the Archrtect's request or to reqwrements specifically expressed m the Contract Documents, it must, if requested in wntmg by the Architect, be uncovered for the Arclutect's exammarion and be replaced at the Contractor's expense vv�thout change m the Cantract Time § 1212 If a porhon of the Work has been covered that the Archrtect has not specifically requested to examme pnor to its bemg covered, the Architect may request to see such Work and rt shall be uncovered by the Contractor If such Work is in accordance vv�th the Contract Documents, costs of uncovenng and replacement shall, by appropnate Change Order, be at the Owner's expense If such Work is not m accordance vv�th the Contract Documents, such costs and the cost of correchon shall be at the Contractor's expense unless the condiUon was caused by the Owner or a separate contractor m wluch event the Owner shall be responsible for payment of such costs § 12 2 CORRECTION OF WORK § 12 21 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor sha11 promptly correct Work re�ected by the Architect or failmg to conform to the requuements of the Conlract Documents, whet�er discovered before or after Substanhal Completion and whether or not fabncated, mstalled or completed Costs of conectmg such re�ected Work, including addibonal testmg and mspections, the cost of uncovering and replacement, and compensarion for the Arclutect's services and expenses made necessary thereby, shall be at the Contractor's expense § 12 2 2 AFTER SUBSTANTIAL COMPLETION § 12 2 21 In addihon to the Contractor's obhgarions under Section 3 5, if, vv�thui one year after the date of Substanrial Complerion of the Work or designated porhon thereof or after the date for commencement of warranties estabhshed under Sechon 9 9 l, or by terms of an apphcable spec�al warranty requued by the Contract Documents, any of the Work is found to be not in accordance vv�th the requuements of the Contract Documents, the Contractor shall conect rt promptly after receipt of wntten nohce from the Owner to do so unless the Owner has previously grven the Contractor a wntten acceptance of such condition The Owner shall give such notice promptly after discovery of the condirion Durmg the one-year penod for conecnon of Work, if the Owner fails to nonfy the Contractor and give the Contractor an opportwuty to make the correchon, the Owner waives the nghts to reqwre conecrion by the Contractor and to malce a cla�m for breach of warranty If the Contractor fails to correct nonconformmg Work vv�thm a reasonable rime dunng that penod after receipt of notice from the Owner or Archrtect, the Owner may correct rt m accordance wrth Secrion 24 § 12 2 2 2 The one-year penod for conection of Work shall be extended wrth respect to portions of Work first performed after Substantial Complet�on by the penod of time between Substantial CompleUon and the actual complehon of that portion of the Work § 12 2 2 3 The one-yeaz penod for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to dus Sechon 12 2 § 12 2 3 The Contractor shall remove from the site porhons of the Work that are not m accordance vv�th the reqwrements of the Contract Documents and are neither conected by the Contractor nor accepted by the Owner § 12 2 4 The Contractor shall bear the cost of correchng destroyed or damaged construchon, whether completed ar partially completed, of the Owner or separate contractors caused by the Contractor's correchon or removal of Work that is not m accordance v�nth the requ�rements of the Contract Documents § 12 2 5 Nothing contamed m this Secnon 12 2 shall be construed to estabhsh a penod of luYUtarion vinth respect to other obhgahons the Contractor has under the Contract Documents Estabhshment of the one-year penod for correchon of Work as described m Sechon 12 2 2 relates only to the specific obhgation ofthe Contractor to conect the Work, and has no relahonship to the rime v�nthm which the obhgarion to comply unth the Contract Documents may be sought to be enforced, nor to the tune vv�thm which proceedmgs may be commenced to establish the Contractor's habihty vinth respect to the Contractor's obhganons other than specifically to correct the Work AIA Document A201 T" - 2007 Copynght � 1911 1915 1918 7925 1937 1951 1958 1961 1963 1966 1970 1976, 1967 1997 and 2007 by The Amencan ���� Insbtute of Architec� All Aghts reserved WARNING This AIA� Doeument is proteated by U 8 Copyright Law and Intematlonai Tresties Unauthorized 32 reproductlon or distribution of this AIA� Document, or any portion of ft, may result in severe cNli and criminal penaltles, and will be prosecuted to the � maximum extent possible under the law This document was produced byAlA software at 10 4316 on 10/1 Bl2013 under Order No 5649046242 1 wh�ch e�ires on 11 /08/2013 and �s not for resale User Notes (1717193628) § 12 3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not m accordance with the requ�rements of the Contract Documents, the Owner may do so instead of requinng rts removal and correchon, m which case the Contract Sum vv�ll be reduced as appropnate and eqwtable Such ad�ustment shall be effected whether or not final payment has been made ARTICLE 13 MISCELLANEOUS PROVISIONS § 131 GOVERNING LAW The Contract shall be governed by the law of the place where the Pro�ect is located except that, if the parhes have selected arbitrahon as the method of bmduig dispute resolurion, the Federal Arbitrahon Act shall govern Sechon 15 4 § 13 2 SUCCESSORS AND ASSIGNS § 13 21 The Owner and Contractor respechvely bind themselves, the�r partners, successors, assigns and legal representahves to covenants, agreements and obhgahons contamed m the Contract Documents Except as provided m Sect�on 13 2 2, neither party to the Contract shall assign the Contract as a whole vv�thout wntten consent of the other If either party attempts to make such an assignment vv�thout such consent, that party shall nevertheless remam legally responsible for all obligahons under the Contract § 13 2 2 The Owner may, without consent of the Contractor, assign the Contract to a lender providmg construchon financmg for the Pro�ect, if the lender assumes the Owner's nghts and obhgahons under the Contract Documents The Contractor shall execute all consents reasonably requu�ed to facihtate such assignment § 13 3 WRIITEN NOTICE Wntten norice shall be deemed to have been duly served if delivered m person to the mdividual, to a member of the firm or entity, or to an officer of the corporation for which it was mtended, ar �f dehvered at, or sent by registered or certified mail or by couner service providing proof of delrvery to, the last business address laiown to the party givuig nohce § 13 4 RIGHTS AND REMEDIES § 13 41 Duries and obhgarions imposed by the Contract Documents and nghts and remedies available thereunder shall be m addirian to and not a limrtahon of duhes, obhgarions, nghts and remedies otherwise �mposed or available by law § 13 4 2 No achon or failure to act by the Owner, Arclutect or Contractor shall conshtute a waiver of a nght or duty afforded them under the Contract, nor shall such achon or failure to act conshtute approval of or acquiescence m a breach there under, except as may be specifically agreed m wntmg § 13 5 TESTS AND INSPECTIONS § 13 51 Tests, mspechons and approvals of portions of the Work shall be made as reqwred by the Contract Documents and by applicable laws, sta.tutes, orduiances, codes, rules and regulations or lawful orders of pubhc authonries Unless othervv�se provided, the Contractor shall make arrangements for such tests, mspecrions and approvals vv�th an mdependent testmg laboratory or enhty acceptable to the Owner, or vv�th the appropnate pubhc authonty, and shall bear all related costs of tests, mspechons and approvals 'The Contractor shall give the Archrtect tunely norice of when and where tests and mspecrions aze to be made so that the Archrtect may be present for such procedures The Owner shall bear costs of (1) tests, mspecnons or approvals that do not become reqiurements unhl after bids are received or negotiarions concluded, and (2) tests, mspecnons or approvals where bu�ldmg codes or apphcable laws or regulations prohibit the Owner from delegaUng theu cost to the Contractor § 13 5 2 If the Archrtect, Owner or pubhc authonhes havmg �unsdichon deternune that portions of the Work reqwre additional teshng, mspecnon or approval not mcluded under Sechon 13 5 1, the Architect vv�ll, upon written authonzation &om the Owner, mstruct the Contractor to make azrangements for such addihonal testing, mspechon or approval by an enhty acceptable to the Owner, and the Contractor shall give hmely norice to the Arclutect of when and where tests and inspechons aze to be made so that the Architect may be present for such procedures Such costs, except as provided m Sechon 13 5 3, shall be at the Owner's expense § 13 5 3 If such procedures for testmg, inspection or approval under Sections 13 5 1 and 13 5 2 reveal fa�lure of the portions of the Work to comply vv�th reqwrements estabhshed by the Contract Documents, all costs made necessary by Init � Document A201 "' — 2007 Copynght O 1911 1915 1918 1� 25,1937 1951 1958 1961, 1963, 1966 1970 1976, 1987, 1997 and 2007 by The Amencan InsUtute of Architects All rights reserved WARNING This AIA Document fs protected by U S Copy►ight Law and IntemaUonal Treaties Unauthorized 33 reproductlon or distributlon ot thls AIA� Document, or any portlon of it, may result In severe eNtl and crlminal penalties, and wlll be prosecuted to the � maximum extent possible under the law This document was produced by AIA software at 10 4316 on 10/1 B/2013 under Order No 5649048242_1 which e�ires on 11/08/2013 and is not for resale User Notes (1717193828) such failure includuig those of repeated procedures and compensahon for the ArclutecYs sernces and expenses shall be at the Contractor's expense § 13 5 4 Requued cerhficates of teshng, mspechon or approval shall, unless otherwise requu�ed by the Contract Documents, be secured by the Contractor and promptly del�vered to the Arclutect § 13 5 5 If the Arclutect is to observe tests, mspechons or approvals requued by the Contract Documents, the Archrtect vv�ll do so promptly and, where practicable, at the normal place of teshng § 13 5 6 Tests or mspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay m the Work § 13 6 INTEREST Payments due and unpa�d under the Contract Documents shall bear mterest from the date payment is due at such rate as the parries may agree upon m wntmg or, m the absence thereof, at the legal rate prevailing from t�me to time at the place where the Pro�ect is located § 13 7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of achon, whether m contract, tort, breach of warranty or otherwise, agamst the other ansmg out of ar related to the Contract m accordance vv�th the reqwrements of the final dispute resolurion method selected m the Agreement v►�thm the time penod specified by apphcable law, but in any case not more than 10 years after the date of Substanhal Complehon of the Work The Owner and Contractor warve all clauns and causes of action not commenced m accordaace vinth this Secnon 13 7 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 141 TERMINATION BY THE CONTRACTOR § 1411 The Contractor may termmate the Contract if the Work is stopped for a penod of 30 consecuhve days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or theu agents or employees or any other persons or enrit�es performmg pomons of the Work under du�ect or md�rect contract v�nth the Contractor, for any of the followmg reasons 1 Issuance of an arder of a court or other public authonty havuig �unsdichon that requues all Work to be stopped, 2 An act of government, such as a declazahon of nahonal emergency that requues all Work to be stopped, 3 Because the Arch�tect has not issue� a Ceraficate for Payment and has not notified the Contractor of the reason for wrthholdmg certificarion as provided m Sechon 9 4 1, or because the Owner has not made payment on a Cerhficate for Payment vv�thm the time stated m the Contract Documents, or 4 The Owner has failed to fumish to the Contractor promptly, upon the Contractor's request, reasonable evidence as requued by Sechon 2 2 1 § 1412 The Contractor may temnnate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or enhhes performmg porhons of the Work under du�ect or md�rect contract vv�th the Contractor, repeated suspensions, delays or mtetrupnons of the entu�e Work by the Owner as descnbed m Secnon 14 3 constitute m the aggregate more than 100 percent of the total number of days scheduled for complerion, or 120 days m any 365-day penod, wlvchever is less § 1413 If one of the reasons descnbed m Sechon 141 1 or 14 12 ex�sts, the Cantractor may, upon seven days' written nonce to the Owner and Archrtect, termmate the Contract and recover from the Owner payment for Work executed, mcludmg reasonable overhead and profit, costs mcurred by reason of such ternunahon, and damages § 1414 If the Work is stopped for a penod of 60 consecubve days through no act ar fault of the Contractor or a Subcontractor or theu agents or employees or any other persons performmg portions of the Work under contract v�nth the Contractor because the Owner has repeatedly failed to fulfill the Owner's obhgaUons under the Contract Documents wrth respect to matters unpartant to the progress of the Work, the Contractor may, upon seven addihonal days' wntten not�ce to the Owner and the Arclutect, termmate the Contract and recover from the Owner as prov�ded m Sechon 141 3 AIA Document A201 TM- 2007 Copyright 81971 1915 1918 1925 1937 1851 1958, 1961 1963, 1966 1970 1976 1887, 1997 and 2007 by The Amencan Init Institute of Architects All rights reserved WARNING This AIA� Document is protected by U 3 Copyright Law and International Treatles Unauthorized 34 reproductlon or dlstribution of this AI/► Document, or any portlon of it, may resuk In sevare efvil and criminal penalttes, and wfll be prosecuted to the � maximum extent posstble under the iaw This document was produced by AIA soflware at 10 43 76 on 10/18/2013 under Order No 5649046242_7 which e�ires on 11/08/2013 and is not for resale UserNotes (1717193828) § 14 2 TERMINATION BY THE OWNER FOR CAUSE § 14 21 The Owner may terminate the Contract if the Contractor 1 repeatedly refuses or fails to supply enough properly slnlled workers or proper matenals, 2 fails to make payment to Subcontractors for matenals or labor m accordance v�nth the respechve agreements between the Contractor and the Subcontractors, 3 repeatedly disregazds apphcable laws, statutes, orduiances, codes, rules and regulat�ons, or lawful orders of a pubhc authonty; or 4 otherwise is guilty of substant�al breach of a provision of the Contract Documents § 14 2 2 When any of the above reasons exist, the Owner, upon cerhficahon by the Inihal Decision Maker that sufficient cause exists to �ushfy such achon, may vv�thout pre�ud�ce to any other nghts or remedies of the Owner and after givuig the Contractor and the Contractor's surety, if any, seven days' wntten notice, termmate employment of the Contractor and may, sub�ect to any pnor nghts of the surety 1 Exclude the Contractar from the srte and talce possession of a11 matenals, equipment, tools, and construction eqtupment and machmery thereon owned by the Contractor, 2 Accept assignment of subcontracts pursuant to Sechon 5 4, and 3 Fmish the Work by whatever reasonable method the Owner may deem expedient Upon wntten request of the Contractor, the Owner shall fumish to the Contractor a detailed accountmg of the costs mcurred by the Owner m finishing the Work. § 14 2 3 When the Owner termmates the Contract for one of the reasons stated m Secrion 14 21, the Contractor shall not be enntled to receive further payment unhl the Work is fimshed § 14 2 4 If the unpaad balance of the Contract Sum exceeds costs of fimshmg the Work, mcluduig compensahon for the Arclutect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Imtial Decision Maker, upon apphcarion, and tlus obhgahon for payment sha11 survive termmarion of the Contract § 14 3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14 31 The Owner may, vv�thout cause, order the Contractor m wntmg to suspend, delay or mteirupt the Work m whole or in part for such penod of hme as the Owner may determme § 14 3 2 The Contract Sum and Contract Tune shall be ad�usted for mcreases m the cost and hme caused by suspension, delay or mterruption as descnbed m Section 14 3 1 Ad�ustment of the Conlract Sum sha11 mclude profit No ad�ustment shall be made to the extent 1 that performance is, was ar would have been so suspended, delayed or mterrupted by another cause for which the Contractor is responsible, or 2 that an equrtable adjustment is made ar denied under another provision of the Contract § 14 4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14 41 The Owner may, at any t�me, ternunate the Contract for the Owner's convemence and wrthout cause § 14 4 2 Upon receipt of wntten nohce from the Owner of such termmarion for the Owner's convemence, the Contractor shall 1 cease operarions as du�ected by the Owner m the nonce, 2 take achons necessary, or that the Owner may du�ect, for the protecnon and preservarion of the Work, and 3 except for Work du�ected to be performed prior to the effechve date of termmahon stated m the nohce, term�nate all existmg subcontracts and purchase orders and enter mto no further subcontracts and purchase orders § 14 4 3 In case of such termmat�on for the Owner's convemence, the Conlractor shall be entatled to receive payment for Work executed, and costs mcurred by reason of such termmahon, along v�nth reasonable overhead and profit on the Work not executed AIA Document A201 TM— 2007 Copynght � 1911, 1915, 191 B 1925 1937 1951, 1958, 1961 1863 1966 1970 1976 1987 1997 and 2007 by The American Init Institute of Architects All rights reserved WARNING This AIA� Doeument Is protected by U S Copyright Law and Intematlonal Treaties Unauthorized 3r, reproduction or dlstributlon of this AIA� Document, or any portion of it, may result in severe ehrll and eriminal penakies, and will be prosecuted to the � maximum exten! possible under the law This document was produced byAlA software at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ires on 11/08/2013 and fs not for resale Use� Notes (1717193828) ARTICLE 15 CLAIMS AND DISPUTES § 151 CLAIMS § 1511 DEFINITION A Cla�m is a demand or asserhon by one of the parries seelnng, as a matter of nght, payment of money, or other relief wrtrth respect to the terms of the Contract The term "Claun" also mcludes other disputes and matters m quesnon between �e Owner and Contractor ansmg out of or relatmg to the Contract The responsibihty to substantiate Claims shall rest vv�th the party makmg the Claun § 1512 NOTICE OF CLAIMS Claims by erther the Owner or Contractor must be mrtiated by wntten norice to the other parry and to the Imha1 Decision Maker v�nth a copy sent to the Archrtect, if the Archrtect is not serving as the Inrtial Dec�sion Maker Cla�ms by erther party must be�hated vv�thin 21 days after occurrence of the event givmg nse to such Claim or vv�thm 21 days after the claunant first recognizes the condihon givmg nse to the Claim, whichever is later § 1513 CONTINUING CONTRACT PERFORMANCE Pendmg final resoluhon of a Claim, except as otherwise agreed m wntmg ar as provided m Sechon 9 7 and Anc�le 14, the Contractor shall proceed dingently vv�th performance of the Contract and the Owner shall contmue to malce payments m accordance v�nth the Contract Documents The Archrtect vinll prepaze Change Orders and issue Certtficates for Payment m accordance vv�th the decisions of the Imhal Decision Maker § 1514 CLAIMS FOR ADDITIONAL COST If the Contractor vv�shes to make a Claun for an mcrease m the Contract Sum, wntten notace as provided herein shall be given before proceeding to execute the Work Prior nohce is not reqtured for Clauns relatmg to an emergency endangenng hfe or property ansmg under SecUon 10 4 § 1515 CLAIMS FOR ADDITIONAL TiME § 15151 If the Contractor v�nshes to make a Claun for an mcrease m the Contract Tune, wntten nohce as provided herem shall be given The Contractor's Claun shall mclude an estimate of cost and of probable effect of delay on progress of the Work In the case of a conhnwng delay, only one Claun is necessary § 1515 2 If adverse weather condinons are the basis for a Claun for add�t�onal tune, such Claim shall be documented by data substanhahng that weather condinons were abnormal for the penod of bme, could not have been reasonably anhc�pated and had an adverse effect on the scheduled construchon § 1516 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Clauns agamst each other for consequenhal damages ansmg out of or relahng to tlus Contract Tlus mutual waiver mcludes 1 damages incucred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputahon, and for loss of mana.gement or employee producrivity or of the services of such persons, and 2 damages mcurred by the Contractor for prmcipal office expenses mcluduig the compensation of personnel stahoned there, for losses of financmg, busmess and reputahon, and for loss of profit except anticipated profit ansing du�ectly from the Work This mutual waiver is apphcable, vv�thout hmitahon, to a11 consequenhal damages due to either party's termuiahon m accordance tanth Article 14 Nothmg contamed m this Sechon 15 1 6 shall be deemed to preclude an award of liquidated damages, when apphcable, m accordance vv�th the requuements of the Contract Documents § 15 2 INITIAL DECISION § 15 21 Clauns, excluduig those ansmg under Sections 10 3, 10 4, 11 3 9, and 11 3 10, shall be refened to the Iruhal Decision Maker for mitial decision The Arctutect will serve as the Inirial Decision Maker, unless otherwise mdicated m the Agreement Except for those Claims excluded by this Section 15 2 1, an uurial decision shall be reqwred as a condihon precedent to mediat�on of any Claun arismg pnor to the date final payment is due, unless 30 days have passed after the Claun has been referred to the Irutial Decision Maker vv�th no decision havuig been rendered Unless the Imtial Decision Maker and all affected partres agree, the Imhal Decision Maker vv�ll not decide disputes between the Coniractor and persons or enhhes other than the Owner AIA Doeument A201 TM— 2007 Copynght 61911 1915 1918 1925 1937 1851 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American ���� InsUtute of Archttects All rights reserve � WARNING This AIA Document Is protected by U S Copyright Law and Intematbnal Tresttes Unauthoriasd 36 reproduction or dlstribution of this AIA Document, or any portion of k, may result In severe civil and criminal penalGes, and wfll be prosecuted to the � maximum extent poss(bie under the law This document was produced by AIA soilware at 10 4316 on 10/18/2013 under Order No 5649048242_1 which e�ires w� 11/08/2013 and Is not for resale UserNotes (1717193828) § 15 2 2 The Imha1 Decision Maker will review Clauns and uathm ten days of the receipt of a Claun talce one or mare of the following achons (1) request addihonal supportmg data from the claimant or a response wrth supporUng data from the other party, (2) re�ect the Claun m whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parhes that the Imhal Decision Ma.ker is unable to resolve the Claun if the Imhal Decision Maker lacks sufficient mformanon to evaluate the ments of the Claim or if the Inihal Decision Maker concludes that, m the Imt�al Decision Maker's sole discrehon, rt would be uiappropnate for the Imhal Decision Maker to resolve the Claxm § 15 2 3 In evaluatarg Cla�ms, the Iiuhal Decision Maker may, but shall not be obhgated to, consult v�nth ar seek mformahon from erther party or from persons v�nth special knowledge or experhse who may assist the Imhal Decision Maker m rendermg a decision The Imhal Decision Maker may request the Owner to authonze retenUon of such persons at the Owner's expense § 15 2 4 If the Imhal Decision Maker requests a party to provide a response to a Claun or to furmsh addihonal supportmg data, such party shall respond, vv�thm ten days after receipt of such request, and shall erther (1) provide a response on tlie requested supportuig data, (2) advise the Imtial Decision Maker when the response or supportmg data vv�ll be furnished or (3) advise the Inirial Decision Maker that no supportmg data will be furnished Upon receipt of the response or supportmg data, if any, the Imhal Decision Malcer vv�ll erther re�ect or approve the Claim in whole or m P� § 15 2 5 The Iiut�al Decision Maker will render an mihal decision approvmg or re�echng the Claun, or mdicahng that the Inihal Decision Maker is unable to resolve the Claun This uuhal decision shall (1) be m wntmg, (2) state the reasons therefor, and (3) nohfy the parnes and the Arclutect, if the Architect is not servuig as the Iiuhal Decision Maker, of any change m the Contract Swn or Contract Tune or both The mihal decision shall be final and bmduig on the parhes but subJect to medianan and, if the parhes fail to resolve the�r dispute through mediahon, to bmduig dispute resolution § 15 2 6 Either party may file for mediarion of an mirial decision at any tune, sub�ect to the terms of Secrion 15 2 61 § 15 2 61 Erther pariy may, vv�thm 30 days from the date of an uut�al decision, demand m wrrtmg that the other party file for mediahon vv�thm 60 days of the inrtial decision If such a demand is made and the party receivuig the demand fails to file for mediation vv�thm the hme reqwred, then both parhes waive the�r nghts to mediate or pursue bmdmg dispute resoluhon proceedings with respect to the uunal decision § 15 2 7 In the event of a Claim agamst the Contractor, the Owner may, but is not obhgated to, nohfy the surety, if any, of the nature and amount of the Claun If the Claun relates to a possibihty of a Contractor's default, the Owner may, but is not obhgated to, nohfy the surety and request the surety's assistance m resolvmg the controversy § 15 2 8 If a Claun relates to or is the sub�ect of a mechamc's hen, the party asserhng such Claun may proceed m accordance vv�th apphcable law to comply vv�th the hen notice or filmg deadlines § 15 3 MEDIATION § 15 31 Clauns, disputes, ar other matters m controversy ansmg out of or related to the Contract except those waived as provided for m Sechons 910 4, 9 10 5, and 15 1 6 shall be subJect to mediarian as a condihon precedent to bmdmg dispute resoluhon § 15 3 2 The parries shall endeavor to resolve theu Cla�ms by mediahon which, unless the parhes mutually agree othervv�se, shall be admmistered by the Amencan Arbitrahon Associahon m accordance v�nth its Construchon Industry Mediahon Procedures m effect on the date of the Agreement A request for medianon shall be made m wntuig, delivered to the other party to the Contract, and filed v�nth the person or enhty admuustenng the med�arion The request may be made concutrently vv�th the filmg of bindu�g dispute resolurion proceedings but, m such event, mediahon shall proceed in advance of bindmg dispute resolution proceedmgs, which shall be stayed pendwg mediation for a penod of 60 days from the date of filmg, unless stayed for a longer penod by agreement of the pazhes or court arder If an azbrtrahon is stayed pursuant to this Section 15 3 2, the parties may nonetheless proceed to the selecnon of the azbitrator(s) and agree upon a schedule for later proceedmgs AIA Document A201 TM— 2007 Copyright B 1911 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The Amencan Init Inst�tute of Architects Ail rights reserved WARNING This AIA� Document is protected by U S Copyright Law and intematlonal Treatles Unauthorized 37 reproduction or dlstribution oi this AIA� Document, or any portlon of it, may resuk in severe cNii and eriminal penaRies, and wfll be prosecuted to the � maximum extent possible under the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649048242 1 which e�ves on 11/08/2013 and is not for resale User Notes (1717193828) § 15 3 3 The parhes shall share the mediator's fee and any fihng fees equally The medianon shall be held m the place where the Pro�ect is located, unless another locahon is mutually agreed upon Agreements reached in mediarion shall be enforceable as settlement agreements m any court havmg�unsdicnon thereof § 15 4 ARBITRATION § 15 41 If the parnes have selected azbrirahon as the method for bmdmg dispute resolunan m the Agreement, atty Claun sub�ect to, but not resolved by, mediation shall be sub�ect to arbitrarion which, unless the parnes mutually agree otherwise, shall be admuustered by the Amencan Arbitrahon Associahon m accordance vv�th rts Construchan Industry ArbitraUon Rules m effect on the date of the Agreement A demand for arbitrat�on sha11 be made m wnhng, delivered to the other party to the Contract, and filed vv�th the person or entity admuustermg the azbitrahon The party filmg a nonce of demand for arbrirahon must assert in the demand all Claims then l�own to that party on which azbitrarion is pernutted to be demanded § 15 411 A demand for azbitration shall be made no earher than concurrently vv�th the filmg of a request for mediation, but m no event shall it be made after the date when the insritution of legal or eqiutable proceedings based on the Cla�m would be barred by the apphcable statute of lunitaUons For statute of lumta.hons purposes, receipt of a wntten demand for azbitrat�an by the person or enUty admmistermg the arbitranon shall conshtute the mshtut�on of legal or equrtable proceedmgs based on ti�e Claun § 15 4 2 The award rendeted by the arb�trator or azbitrators shall be final, and �udgment may be entered upon it m accordance vv�th applicable law in any court havuig �unsdict�on ther�f § 15 4 3 The foregomg agreement to azbitrate and other agreements to arbitrate vv�th an addihonal person or enbty duly consented to by parhes to ti�e Agreement shall be specifically enforceable under apphcable law m any court havuig �unsd�chon thereof § 15 4 4 CONSOLIDATION OR JOINDER § 15 4 4.1 Eid�er pariy, at its sole discrehon, may consohdate an arbrtrat�on conducted under this Agreement vv�th any other arbrirahon to wluch it is a party provided that (1) the azbitrahon agreement govemmg the other arbilrarion pernuts consohdaUon, (2) the arbitrahons to be consohdated substanhally mvolve common queshons of law or fact, and (3) the arbitrarions employ matenally similaz procedural rules and methods for selecnng arbitrator(s) § 15 4 4 2 Erther party, at rts sole discrerion, may mclude by Jomder persons or enUhes substanhally mvolved m a common queshon of law or fact whose presence is reqiured if complete rehef is to be accorded m azbitrahon, provided that the party sought to be �omed consents m wnUng to such �oinder Consent to azbitrarion mvolvmg an addihonal person or enhty shall not constitute consent to arbitrahon of any claun, dispute ar other matter m queshon not descnbed m the wntten consen� § 15 4 4 3 The Owner and Contractor grant to any person or entrty made a party to an arbitrat�on conducted under this Sechon 15 4, whether by�oinder or consohdation, the same nghts of�omder and consohdahon as the Owner and Contractor under this Agreement AIA Document A201 "' — 2007 Copyright � 1911 1915 1918 1825 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American ���� InsUtute of Arc:hitects All rights reserved WARNING This AIA� Doeument Is protected by U S Copyright Law and Intematlonal Treatles Unauthorised 38 reproductlon or d(stributlon of this AIA� Document, or any portlon of It, may resuk in severe cNfl and c.�iminal penalties, and will be prosecuted to the � maximum extent possible under the law This document was produced by AIA software at 10 4316 on 10/18/2013 under Order No 5649048242 1 wFuch e�ires on 11/08/2013 end is not for resale UserNotes (1717193828) Citv of Bremerton Bremerton Washmgton Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 SECTION 007300 - SUPPLEMENTAL CONDITIONS The following supplements modify, change, delete from, or add to the referenced AIA A-201 "General Condit�ons of the Contract for Construction " Where any article of the General Conditions is Modified or any Paragraph, Subparagraph, or Clause is modified or deleted by Section 007300, the unaltered provisions of that Article, Paragraph, Subparagraph, or Clause remain in effect Modification to the General Conditions ARTICLE 1 CONTRACT DOCUMENYS 1 1 1 THE CONYRACT DOCUMENTS Add the follow►ng new subparagraphs 1 1 1 1 and 1 1 12 1 1 1 1 In the event of a conflict or discrepancy among or in the Contract Documents, interpretation shall be governed in the following priority 1 Agreement (A-101) 2 Supplemental Conditions 3 General Conditions (A-201) 4 Addenda 5 Schedules 6 Drawings 7 Specifications 8 Instructions to Btdders and Accepted Bid 1 1 1 2 In the event of any inconsistencies, conflicts or ambiguities between the Contract Documents, or within an individual document not clarified by addendum, the resolution of such mconsistencies, conflict or ambigu�ty shall be provided in accordance with the ArchitecYs interpretation All conflicts are to be referred to the Architect for resolution and incorporation into a Contract Modification, if appropriate 1 2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Add the following new subparagraphs 11 1 1 and 1 Z 12 1 2 1 1 Such execution of the Contract also constitutes a representation by the Contractor that it can fully perform the Contract and deal with all issues arising out of the Contract Documents or conditions of the site of the Work for the Contract Amount The fadure of the Contractor fully to acquaint itself with any applicable condition or matter shall not in any way relieve the Contractor from the responsibility for performmg the Work in accordance with the Contract Documents and within the Contract Time and the Contract Sum 1 2 1 2 Contractor to make the following representation to Owner A Contractor is financially solvent, able to pay its debts as they mature, and possesses suffiaent working capital to complete the Work and perform Contractor's obligations required by the Contract Documents, and B Contractor is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform the obligations required by the Contract Documents and has sufficient experience and competence to do so SUPPLEMENTAL CONDITIONS 007300 -1 Citv of Bremerton Bremerton Washington Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 ARTICLE 2 OWNER 2 1 GENERAL Add the follow►ng new subparagraphs 2 1 1 1 and 2 1 12 2 1 1 1 The Owner is the City of Bremerton 2 1 1 2 The Owner shall designate a Pro�ect Manager to act on behalf of the Owner Unless specifically limited by the Owner, the Pro�ect Manager shall have, at their discretion, complete authority to transmit instructions, receive information, to interpret and define Owner's policies and decisions with respect to Work, and to approve Construction Change Directives within established budget limits The Owner shall retain the final decision on acceptance of the contract and approval of any proposed Change Orders or proposed Construction Change Directives except for the limited delegation m this paragraph Except for the limited approval authority delegated for Construction Change Directives, the Owner shall have the sole authority to authorize any change to the provisions of the contract which the Contractor claims may entitle the Contractor to any time or equitable ad�ustment or extra compensation 2 2 INFORMATION AND SERVICES REQUIRED OF THE OWNER Delete subparagraph 2 2 5 and subst�tute the followmg 2 2 5 The Contractor will be furnished free of charge PDF fdes of Drawings and ProJect Manuals for the purposes of making reproductions pursuant to Section 1 S 2 Add the follow►ng new subparagraphs 2 5 through 2 5 1 2 5 OWNER'S RICHT AND RESPON5169LITE5 2 5 1 The Owner will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibdity as provided in Paragraph 3 3 The Owner will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents The Owner will not have control over or charge of and will not be responsible for acts or omtssions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portion of the Work ARTICLE 3 CONTRACTOR 3 3 SUPERVISION AND CONSTRUCTION PROCEDURES Add the following to subparagraph 3 3 1 3 3 1 If the Contractor has any concerns, ob�ections or reservations concerning such speafic instructions, the Contractor must raise and resolve such issues with the Architect and the Owner prior to performmg such specific rostructions 3 4 LABOR AND MATERIALS Add the following to subparagraph 3 4 3 3 4 3 At no change to the Contract Sum or Contract Time, the Owner may provide written notice requiring the Contractor to remove from the Work any employee, subcontractor employee, or other person carrying out the Contract whom the Owner reasonably considers ob�ectionable SUPPLEMENTAL CONDITIONS 007300 - 2 � � Citv of Bremerton Bremerton. Washington Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 Add the followmg subparagraph 3 4 4 ihrough 3 4 4 6 3 4 4 PREVAILINfs WAGES 3 4 4.1 The Washmgton State Department of Labor and Industries Prevadtng Wage Rates are part of the Contract 3 4 4 2 Washington State Department of Labor and )ndustries Preva�ling Wage Rates wh�ch are in effect on the date when the bids by the Pnme Contractor are required to be submitted are �n effect for this pro�ect It is the Contractor's responsibility to follow the correct edition 3 4 4 3 No worker may be paid less than the prevailmg minimum hourly wage rate established by the State Department of Labor and Industries Statements of Intent to Pay Prevading Wages and Affidavits of Wages Paid are required The Contractor shail fully comply with all current applicable labor laws and regulations, including without limitation RWC Chapters 39 12 (Prevading Wages), 49 28 (Hours of labor), and 49 70 (Worker Right to Know) 3 4 4 4 Any fabricator or manufacturer that produces nonstandard items and is considered by the Department of Labor and Industries as a contractor must comply with all of the requirements of RCW 39 12, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" with the Department of Labor and Industries Industrial Statistician 3 4 4 5 The Owner reserves the right to perform wage rate interviews and/or require Contractor submission of certified payrolls for all Contractor and Subcontractor personnel 3 4 4 6 Contractor shall provide Owner with copies of the Intent to Pay Prevailing Wage forms as filed with the State of Wash�ngton for the contractor's forces and for a!I subcontractors 3 6 TAXES � Change subparagraph 3 6 to read � 3 6 The Contractor shafl pay all applicable State and Local Sa(es, Consumer, Use and other similar taxes for Work or portions thereof provided by the Contractor The Owner shall include these taxes in his payments to the Contractor who shall pay the taxes to the proper authorities in accordance with the applicable laws and regulations governmg this pro�ect Sales tax will not be included in bid amount 3 7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS Delere subparagraph 3 71 and subst�tute the follow�ng 3 7 1 The Owner shall secure and pay for the Plan Review Fees, Buddmg Permit(s), Demolition Permit(s), Sign Permit(s), Water, Sanitary Sewer, and Storm Sewer Tap/Capacity/General Facdity Charges/Permits/Fees, Utdity Fees, L&I Electrical Plan Review Fees, The Contractor shall secure and pay for all other permits and governmental fees, licenses and mspections necessary for proper execution of and completion of the Contract which are legally required when bids are received 3 9 SUPERINTENDENT Add ihe followmg to subparagraphs 3 9 3 During the construction period should the initial superintendent fall dl, retire, be laid off or terminated employment, the Owner reserves the right to review and accept the replacement as stated above Add the follow�ng subparagraph 3 9 4 3 9 4 The Superintendent shall remain on the Pro�ect whenever Subcontractors are present and not less than eight hours per day, five days a week unless the �ob is closed down due to a legal holiday, a SUPPLEMENTAL CONDITIONS 007300 - 3 City of Bremerton Bremerton Washington Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 general strike, cond�tions beyond the control of the Contractor, termmation of the Contract in accordance with the Contract Documents, or Final Completion is attained 3 10 CONY9tACTOR'S CONSTRUCTION SCHEDULE Change this eni►re paragraph 3 10 to read 3 10 1 Withm (7) calendar days followmg Notice to Proceed, the Contractor shall submit to the Owner and the Architect for review and comment, three copies of a CPM Schedule in form satisfactory to the Owner for Contractor's construction/erection of the Work The mitial and any revisions of the Pro�ect Schedule shall be prepared and subm�tted in paper form With each approved monthly payment request, provide an updated Progress Schedule Not less than 5% (in retention) of Progress Payments to the Contractor may be withheld by the Owner untd such initial and updated Progress Schedules have been timely submitted for review by the Owner and the Architect 3 10 2 The Pro�ect Schedule shall consist of a network diagram with activity descriptions and durations and supportmg data which wdl explain the Contractor's planning of the work Contractor shall provide, if requested by Owner, cost al{ocation and resource estimates for each activity 3 10 2 1 The CPM Schedule diagram shall include (a) The order and interdependence of the Contractor's activities and the ma�or points of the mterface or mterrelation with the activities of others, including Specific Dates for completion (b) Conformance with and identification of the Speci�c Dates specified in the Contract Documents (c) 7he descriptions of work by activity (d) The time required for preparation, and review of shop drawings, mock-ups, manufacturmg, and delivery of Contractor-furnished permanent plant materials, especially long lead items (e) Critical Path (or Paths) (fl Testing of equipment and materials The CPM Schedule shall provide a complete and detaded sequence of operations of the Work within the time limits specified in the Contract 3 10 2 2 The identity and duration of all activities to be included in this CPM Schedule shall meet the follow�ng criteria (a) Activity descriptions shall be clear and concise The beginning and end of each activity shall be readily verifiable (b) Responsibiltty for each activity shall be identified with a single performmg organization (c) The identity of any potential problems or constraints related to the implementation of the overall construction plan 3 10 2 3 A schedule for the purchase of items required for performance of the Work, showmg lead items between purchase order placement and delivery dates, shall be integrated with the Progress Schedule upon request of the Owner The Contractor shall furnish the Architect with copies of all purchase orders and acknowledgements and fabrication, production, and shipping schedules for all ma�or items on the critical path w�thin 10 days of Contractor's rece�pt of each purchase order, acknowledgment or schedule Neither the Architect nor the Owner shall be deemed to have approved or accepted any such material, or its schedule, nor deemed to have waived this requirement if some or all of the material is not received SUPPLEMENTAL CONDITIONS 007300 - 4 Gtv of Bremerton Bremerton Washmgton Kitsap Conference Center Expansion September6, 2013 Issued Addendum 01 - September 16, 2013 3'BO 3 The CPM Schedule shall indicate an early completion date for the pro�ect that is not tater than the pro�ect's required completion date All activity durations shall be given m calendar days The CPM Schedule shall also mdicate each of the following (a) Interfaces with the work of outside contractors, e g, utilities, power, and with any separate contractor (b) Descriptions of activity �ncluding activity numbers (c) Estimated duration time for each activity (d) Early start date for each activity (e) Late start date for each activity (� Early finish date for each activity (g) Late finish date for each activity (h) Float available for each batch of activit�es containing float (i) Actual start date for each activity begun �) Actual finish date for each activity completed (k) Identification of all Critical Path activities in the mathematical analysis (I) The Critical Path for the pro�ect, with said path of activities being clearly and easily recognizable on the time-scaled CPM Schedule Diagram The relationship between all non- critical activities and activities on the Critical Path shall be clearly shown on the CPM Schedule Diagram 3 10 4 It is to be expressly understood and agreed by the Contractor that the schedule is an estimate to be revised from time-to-time as progress proceeds, and that the Owner does not guarantee that Contractor can start work activities on the "early start" or "late start" dates or complete work activities on the "early finish' or "late finish" date shown in the Schedule, or as same may be upgraded or revised, nor does the Owner guarantee that Contractor can proceed at all times in the sequence established by said Schedule If Contractor's schedule indicates that Owner or separate contractor is to perform an activity by a specific date, or withm a certam duration, Owner or any separate contractor under contract with the Owner shall not be bound to said date or duration unless Owner expressly and spectfically agrees in writing to same, the Owner's or the Architect's overall review and approval or acceptance of the Schedule does not constitute an agreement to specific dates, durations or sequences for activities of the Owner of any separate contractor 3 10 5 Should any of the conditions exist such that certain activities shown on the Contractor's CPM Schedule fall behind schedule to the extent that any of the specific dates are in �eopardy, the Contractor shall be required to, at no extra cost to the Owner, prepare and submit to the Owner a supplemental Recovery Schedule, in a form and detail appropriate to the need, to explain and display how he intends to reschedule those act�vit�es to regam compliance with the CPM Schedule during the immediately subsequent pay period 3 10 6 The Contractor shall do the following after determination of the requirement for a Recovery Schedule (a) Within three (3) calendar days, the Contractor shall submit a Recovery Schedule to the Owner for review The Recovery Schedule shall be prepared to a simdar level of detail as the CPM Schedule and shall have a maximum duration of one (1) month (b) Any revis�ons necessary as a result of this review shall be resubmitted by the Contractor with any necessary revisions for acceptance within two (2) calendar days of the review The SUPPLEMENTAL CONDITIONS 007300 - 5 Citv of Bremerton Bremerton Washington Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 approved Recovery Schedule shall then be the Schedule which the Contractor shall use in planning, organizing, directing, coordinating, performmg and executing the Work (including all activities of subcontractors, equipment vendors, and suppliers) for its one (1) month duration, to regain compliance with the CPM Schedule 3 10 7 Should the Contractor, after approval of the �nit�al CPM Schedule desire to change his plan of construction, he shall submit his requested revisions to the Owner including a description of the logic for reschedulmg the work, methods of maintaming adherence to Intermediate Milestones and Specific Dates The Contractor shall revise his Schedule to include the effect of changes, acts of God or other conditions or events which have affected the CPM Schedule, If the requested changes are acceptable to the Owner, they wdl be mcorporated by the Contractor into the CPM Schedule in the next reporting period The resultant cost to the Owner for significant changes or a significant number of changes to the CPM Schedule shall be paid for by the Contractor 3 10 8 When the Owner orders changes by Change Order which have the potential to impact the Contract Milestones or Specific Dates stipulated, a Network wdl be prepared by the Contractor and provided to the Pro�ect Manager After the Network has been accepted by the Owner, it wdl be incorporated into the CPM Schedule by the Contractor 3 10 9 Fadure of the Contractor to substantially comply with any of the scheduling requirements of this Contract at no cost to the Owner shall constitute cause that the Contractor is fading to prosecute the Work with such ddigence as will insure its completion within the Contract times and shall be considered cause for termmation by the Owner, pursuant to Article 14 of the General Conditions, and may also result in the Owner's withholdmg of Progress Payment(s) until the Contractor complies 3 1010 Float time is defined as the amount of time between earliest start date and the latest start date or between the earliest finish date or the latest finish date of a chain of activities on the CPM Schedule Float time is not for the exclusive use or benefit of either the Contractor of the Owner Contractor's work shall proceed according to start dates, and the Owner shall have the right to reserve and apportion float time according to the needs of the proJect The Contractor acknowledges and agrees that actual delays, affecting paths of activities contaming float time, wdl not have any effect upon Contract Completion times, providing that the actual delay does not exceed the float time associated with those activities Extensions of time for performance as described in the Contract Documents will be granted only to the extent that time adJustments for the activity or activities affected by any condition or event which entitles the Contractor to a time extension exceeds the totat float or slack time along the actual criticaf path of activities affected at the time of Notice to Proceed of a Change Order or the commencement of any delay, claim or condition for which an adJustment is claimed or warranted under the Contract Documents 3 10 11 The Schedule Duration shall be based on the Contract Time of Completion listed on the Bid Form The Owner shall not be obligated to accept any Early Completion Schedule suggested by the Contractor The Contract Time for Completion shall establish the Schedule Completion Date If the Contractor feels that the work can be completed in less than the Specified Contract Time, then the Surplus Time shall be considered Pro�ect Float This Float time shall be shown on the Pro�ect Schedule It shall be available to accommodate changes in the work and unforeseen conditions Neither the Contractor nor the Owner have exclusive right to this Float Time It belongs to the pro�ect SUPPLEMENTAL CONDITIONS 007300 - 6 Citv of Bremerton Bremerton Washmgton Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 3.11 DOCUMENTS AND SAMPLES AT THE SITE Add the followmg new subparagraphs 3 11 1 and 3 112 3 11 1 In addition, the Contractor shall keep the approved permit set of plans at the �obsite during construction, in good condition Prior to final acceptance, the Contractor shall deliver th�s permit set to the Architect 3 11 2 Satisfactory maintenance of up-to-date record drawmgs will be a requirement for approval of monthly Progress Payments ARTICLE 5 SUBCONTRACTORS 5 3 SUBCONTRACTUAL RELATIONS Add the followmg new subparagraph 5 3 1 The Contractor shall schedule, supervise and coordinate the operations of all Subcontractors No subcontracting of any of the Work shall relieve the Contractor from its responsibility for the performance of the Work in accordance with the Contract Documents or from its responsibdity for the performance of any other of its obligations under the Contract Documents ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6 2 MUTUAL RESPONSIBILITY Add the followmg ro paragraph 6 2 1 If the Contractor receives items from a separate contractor or from the Owner for storage, erection or installation, the Contractor shall acknowledge receipt for items delivered, and thereafter wdl be held responsible for care, storage and any necessary replacement of item or items recewed At subparagraph 6 2 4, delete the word "wrongfully " ARTICLE 7 CHANGES IN THE WORK 7 2 CHANGE ORDERS Add the followmg paragraphs 72 2 through 72 5 7 2 2 Change proposal disagreements shall be submitted by the Contractor to the Architect in a form satisfactory to the Owner for such submittals The total cost of any change, mcluding a claim shall be limited to the reasonable value thereof, to be determined in the following manner 7 2 3 ADDITIVE CHANGES 1a D�rect Labor Costs This is defined as the estimated labor costs determined by either the estimated number of craft hours and the hourly costs necessary to perform the change m work, or the unit labor costs necessary to perform the change m work, or the unit labor costs applied to the material quantities, provided said unit labor costs are developed from the SUPPLEMENTAL CONDITIONS 007300 - 7 Citv of Bremerton Bremerton Washington Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 1b 1c above craft man hour cost, whichever is applicable, according to industry practice The hourly cost shall be based on the followmg 1 Basic Wages Current mmimum prevading hourly wage rates, includmg vacation pay, for all labor, crew foreman, and general foreman performing and/or directly supervising the work on site These rates, whichever are applicable, are established by the State of Washington, Department of Labor and Industries 2 Fnnge Benefits Fringe benefits established by the State of Washington, Department of Labor and Industries or contributed to labor trust funds as itemized fringe benefits, whichever is applicable 3 Worker's Insurance Direct contrtbutions to the State of Washington as Industrial Insurance, Medical Aid, and Supplemental Pension, by the class and rates establ�shed by the State of Washington, Department of Labor and Industries 4 Federal Insurance's Direct contributions required by the Federal Insurance Compensation Act (FICA), Federal Unemployment Tax Act (FUTA), and the State Unemployment Compensation Act (SUCA) 5 Costs incurred by the Washington Industrial Safety and Health Act (WISHA), established as 2% of 1, 2, 3, and 4 above 6 Travel allowances and/or subsistence if applicable not to exceed those established by Regional Labor Union Agreements shall be itemized and identified separately Direct Material Costs This is defined as an itemization of the estimated quantity of materials necessary to perform the change m the work and the cost thereof These costs shall be by the unit cost applied to the quantity and extended The unit costs shall be based on the following 1 The net costs after all offered or available discounts or rebates 2 Freight costs, express charges, or special delivery costs when applicable No lump sum costs w�ll be allowed except when approved m advance by che Arch�teci Construction Equipment Usage Costs 1 Rental Equipment This is defined as an itemization of and the est�mated length of time construction equipment will be used on change order work at the site The rental costs applied thereof will be the rates establ�shed by the following whichever is applicable a) The current hourly rental rates established by agreement between the Assoaated General Contractors (AGC) and Washington State Department of Highways b) The current rental rates established by the State of Washmgton, utdities and Transportation Commission for trucks used on highways c) The current rental rates established by the National Electrical Contractor's Association (NECA) for equipment used on electrical work d) The current rental rates established by the mechanical Contractor's Association for equipment used on mechanical work e) If equipment �s required for which a rental rate is not established in any of the above, an agreed rental rate shall be established for that equipment Such rates and the use of the equipment on the work must be approved by the Architect prior to performing the work � The rates in effect at the time of performance of the work are the maximum rates allowable for equipment of modern design and in good workmg condition and include full compensation for furnishing all fuel, oil, lubrication, repairs, maintenance, and insurance 2 Small Tools, Expendable and Consumable Supplies SUPPLEMENTAL CONDITIOfVS 007300 - 8 Citv of Bremerton Bremerton Washington Kitsap Conference Center Expansion September 6, 2013 Issued Addendum O1 - September 16, 2013 a) These are general in nature and are defined as tools for which the mitial purchase price is under $250 and are normally furnished by the performmg contractor b) The allowable rate for small tools wdl be - General Contractors, 3% direct labor costs - Specialty Contractors, 5% direct labor costs c) Expendable and consumable supplies directly associated with the change m work to be itemized 1d Subcontractor Proposals Subcontractors' proposals are to be �temized as in 1a, lb, and 1c above 1e Overhead and Profit by the Contractor Actually PerForming the Work A total amount, not to exceed 10% of items 1a, 1b, and 1c above will be allowed This is to compensate such contractor for all personnel not defined in 1a above, temporary construction facdities, home office costs, office architecting and estimating costs, profit, and any other cost madental to the performance of the change in work 1f Overhead and Profit by the Contractor and Subcontractor when Subcontractor actually performs the Work 1 A total amount not to exceed 8% of the total amount of subcontractors proposal as defined in 1 d above wdl be allowed to the Contractor for all overhead and profit to supervise and administer the subcontractors actually performing the change in the work The Subcontractor doing the work will be allowed no more than 10% Lower tier sub-subcontractors will be allowed no more than 7% 2 No direct costs of the Contractor will be allowed to be added to a subcontractor's proposal Contractor's direct cost, if required, must be submitted as outlmed in 1a,1b, �, 1cand 1g 1 g Cost of Any Increase or Decrease in Premium for Insurance and Bond Caused by the Change 1 Contractor's Liabdity Insurance To the above, the costs of the Contractor's Liability Insurance may be increased or decreased 2 Bond To the above, the cost of the Contractor's Bond may be increased or decreased 7 2 4 DEDUCTIVE CHANGES 2a Items 1 a(labor), 1 b(material), 1 c(equipment), 1 d(subcontractor), 1 e(overhead and profit, Contractor), 1f (overhead and profit, subcontractor), 1g (insurance and bond) wdl be itemized for deleted changes in the work 7 2 5 ADDITIVE CHANGES AND DEDUCTIVE CHANGES TOGETHER 3a If a change in the work involves both additive and deductive changes, the appropriate overhead and profit amount allowed will be added to the net difference of items 1a, 1b, 1c, and ld 3b If other additive unrelated changed items are included in the same change proposal, the appropriate overhead and profit allowed is to be applied to these individual change items ARTICLE 8 TIME 8 2 PROGRE55 AND COMPLETION Add the follow►ng new subparagraphs 8 2 4 and 8 2 5 SUPPLEMENTAL CONDITIONS 007300 - 9 Gtv of Bremerton Bremerton Washington Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 8 2 4 The Contractor shall furnish such manpower, materials, facdities, and equipment and shall work such hours, including night shifts, overtime operations and Sundays and holidays, as may be necessary to insure the progress and completion of the Work in accordance with the approved and currently updated Progress Schedule if work actually in place falis behmd the currently updated and approved Progress Schedule and it becomes apparent from the current schedule that the Work w�ll not be completed within the Contract Time, the Contractor agrees that he will, as necessary, take some or all of the followmg actions at no additional cost to the Owner, as required to substantially eliminate tardiness of Work 1 Increase the manpower in such quantities and crafts as will substantially eliminate, in the opinion of the Owner, the backlog of Work 2 Increase the number of working hours per shift, shifts per working day, working days per week, or the amount of equipment, or any combination of the foregoing sufficiently to substantially eltminate, in the opinion of the Owner, the backlog of Work, and 3 Reschedule activities to achieve maximum practical concurrency of accomplishment of activ�ties 8 2 5 The Contractor and Owner acknowledge and contemplate that delay in substantial completton and final completion wdl cause the Owner substantial damages which are difficult to determine precisely To the extent the Owner is unable to beneficially occupy each of the facdities which are the sub�ect of this Contract, the Owner is expected to experience damages and costs including but not limited to the following Loss of use of the facility, the costs of delayed move-in and the disruption of Owner activities and schedule, and reschedulmg and shift changes to paid personnel The part�es therefore agree that the following sums of liquidated damages shall be paid to the Owner (or the Owner may withhold payments otherwise due to the Contractor) in liquidation of these difficult to measure damages and/or delay costs reasonably anticipated as a result of delays beyond the dates as established in the Contract, as they may be extended by agreement of the parties by change order durmg the course of the pro�ect SUBSTANTIAL COMPLETION For each calendar day after the date fixed for Substantial Completion and until Substantial Completion of the facilities, the Contractor shall pay the Owner the sum of One- thousand ($ 1,000 00) The Owner shall not be required to accept Substantial Completion of anything less than the entirety of the pro�ect but shall have the option to do so This sum is to be fixed, agreed, liquidated damages and not to be construed as in any sense a penalty FINAL COMPLETION Actual damages wdl be assessed for fadure to achieve Final Completion within 14 days after Substantial Completion Actual damages wdl be calculated on the basis of direct arch�tectural, administrative, and other related costs attributed to the Pro�ect from the date when Final Completion should have been achieved, to the date Final Completion is actually achieved Owner may offset these costs against any payment due to the Contractor by reduction in retamage 8 3 DELAYS AND EXTENSIONS OF TIME Change subparagraph 8 3 3 io read 8 3 3 Except as provided m this subparagraph, the Contractor's sole remedy for delays shall be an extension of time Except for unreasonable delays in performance caused by the acts or omissions of the Owner, the Contractor shall not be entitled to damages, extra compensation or equitable ad�ustment for d�rect, indirect or impact damages for delay, includmg but not limited to cost of acceleration, home office overhead or lost profits All claims for damages or extensions of time are sub�ect to the requ�rements of Article 15 In the event the Contractor is entitled to damages from the SUPPLEMENTAL CONDITIONS 007300 -10 Citv of Bremerton Bremerton Washmgton Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 Owner for delay, it is agreed that the Contractor's sole damages for each day of delay shall be limited to the daily liquidated damage rate provided for the Owner in subparagraph 8 2 5 above ARTICLE 9 PAYMENT AND COMPLETION 9 3 APPLICATIOiVS FOR PAYMENT Add the followrng new subparagraph 9 3 1 3 Until Substantial Completion, the Owner shall pay 95 percent of the amount due the Contractor on account of progress payments Add the followmg new subparagraph 9 3 4 If authorized by the Owner, the Application for Payment may include request for payment for material delivered to the Pro�ect site and suitably stored, or for completed preparatory work Payment may simdarly be requested, sub�ect to Owner's approval, for matenal stored off the Pro�ect site, provided the Contractor complies with or furnishes satisfactory evidence of the following 1 The material wdl be placed in a warehouse that is structurally sound, dry, liqhted and suitable for the materials to be stored, 2 The warehouse is located within a 25-mile radius of the pro�ect Other locations may be utdized, if approved in writing, by Owner, 3 Only materials for the Pro�ect are stored within the warehouse (or a secure portion of a warehouse set aside for the Pro�ect), 4 Contractor furnishes Owner a certificate of insurance extendm Contractor's insurance � 0 9 coverage for damage, fire, and theft to cover the full value of all materials stored, or m transit, The warehouse (or secure portion thereofl is contmuously under lock and key, and only Contractor's authorized personnel shall have access, Owner shall at all times have the right of access in company of the Contractor, Contractor and its surety assume total responsibility for the stored materials, and Contractor furnishes to Owner certified lists of materials stored, bdls of lading, invoices, and other information as may be required, and shall also furnish notice to owner when materials are moved from storage to the Pro�ect site 9 5 DECISIONS TO WITHHOLD CERTIFICATION Add the follow�ng io subparagraph 9 51 The Architect may aiso decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or part of a Certificate for Payment previously issued, or the Owner may refuse to process an application for payment to such extent as may be necessary in the Owner's or Architect's opinion to protect the Owner from loss because of Add the follow►ng new subparagraphs 9 5 18 through 9 S 1 12 9 5 1 8 Unsatisfactory prosecution of the Work by the Contractor, mcludmg but not limtted to fadure to carry out the Work in accordance with the Contract Documents 9 5 1 9 Fadure or refusal of the Contractor to fully comply with requirements in the Contract Documents for preparation and submission of scheduling of the Work and updates thereof, or failure to present statements of Intents or Affidavits pertaining to prevading wages paid as may be required by statue SUPPLEMENTAL CONDITIONS 007300 -1 1 Citv of Bremerton Bremerton Washmgton Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 9 5 1 10 Liquidated damages 9 5 1 11 Fadure to provide adequate security measures to protect materials stored on site for which the Contractor is seeking payment for 9 5 1 12 Fadure to provide evidence that the performance and payment bonds have been increased to equal the sum of Change Orders 9 6 PROGRESS PAYMENTS Add the followmg new subparagraphs 9 6 8 through 9 6 13 9 6 8 Upon Commencement of the Work and at the option of the Contractor, an escrow account may be established by the Contractor in a fmancial institution chosen by the Contractor and approved by the Owner 9 6 9 The escrow agreement shall provide that the financial institution will act as escrow agent, wdl pay interest on funds deposited in such account m accordance with the provisions of the escrow agreement and will disburse funds from the account upon the direction of the Owner as set forth below Compensation to the escrow agent for establishing and maintaming the escrow account shall be paid from interest accrued in the escrow account 9 6 10 As each progress payment is made, the retainage with respect to that payment shall be deposited by the Owner m the escrow account 9 6 11 The interest earned on funds in the account shall accrue for the benefit of the Contractor untd the substantial completion date named m the Construction Contract or the expiration of any authorized extension of such date Interest earned after such date shall accrue for the benefit of the Owner Cost of compensation to the escrow agent paid out of interest earned shall be borne by the Contractor 9 6 12 When the Contractor has fulfilled all of the requirements of the Contract providmg for reduct�on of retained funds, the escrow agent shall release to the Contractor one-half of the accrued funds but none of the interest thereon When the Work has been fully completed in a sat�sfactory manner and the Architect has tssued a fmal Certtficate for Payment, the escrow agent shall pay to the Contractor the full amount of funds remaimng in the account, mcluding net balance of the interest paid to the account, but less any �nterest that may have accrued for the benefit of the Owner, which shall be paid to the Owner 9 6 13 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor, the escrow agent shall make payment to the Contractor as provided in Subparagraph 910 3 9 8 SUBSTANYIAL COMPLETION Change subparagraph 9 81 io read 9 8 1 Substantial Completion is the stage in the progress of the Work (or portion thereof designated and approved by the Architect and Owner) when the construction is sufficiently complete, m SUPPLEMENTAL CONDITIONS 007300 -12 Citv of Bremerton Bremerton Washmgton Kitsap Conference Center Expansion September 6, 2013 Issued Addendum O1 - September 16, 2013 accordance with the Contract Documents, so the Owner can fully occupy under necessary permits the Work (or portion thereof designated by the Owner) for the use for which it is intended All Work other than incidental corrective or punch list work and final cleaning shall have been completed Add the follow►ng new subparagraph 9 8 6 The acceptance of Substantial Completion payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the application for payment for the Substantial Completion payment, and except for the Contract Sums due at Final Acceptance 9 10 FINAL COMPLETION AND FINAL PAYMENT Add the followmg to th�s subparagraph 9 1 D 1 The Architect's final Certificate of Payment shall establish the date of Final Completion If the Contractor notifies the Architect that the punch list items are completed and requests an inspection to determme compliance, and the Architect determines that some or all the punch list items are not completed, the Contractor shall be responsible to the Owner for all costs, including ArchitecYs fees, for any future Architect's inspections after the first inspection to determine subsequent compliance with the punch list ARTICLE 10 PROTECTION OF PERSONS AND PROPERYY 10 2 SAFETV OF PERSONS AND PROPERTY Add the following new subparagraph 10 2 8 10 2 8 At all times until final acceptance of the Work, the Contractor shall protect from damage, weather, deterioration, theft, vandalism, and, maliaous mischief all materials, equipment, tools, and other items incorporated or to be incorporated in the Work, or consumed or used in the per�ormance of the Work, and all Work in process and completed Work Replace paragraphs 10 3 3, 10 3 5 and 10 3 6 with 10 3 3a and 10 3 3b 10 3 3a To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, its officers, officials, employees, agents and volunteers against claims, damages, losses and expenses, mcluding but not limited to attorneys' fees, arismg out of or resultmg from performance of the Work in the affected area if in fact the material or substance presents the risk of boddy in�ury or death as described in Sect�on 10 3 1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily in�ury, sickness, disease or death, or to m�ury to or destruction of tangible property (other than the Work itselfl, except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity 10 3 3b To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractor, agents and employees against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily in�ury or death as described in Section 10 3 1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily inJury, sickness, disease or death, or to in�ury to or destruction of tangible property (other than the Work itselfl, except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity SUPPLEMENTAL CONDITIONS 007300 -13 Citvof6remerton Bremerton Washington Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 ARTICLE 19 IiVSURANCE 91 1 CONTRACTOR'S LIABILITY INSURANCE Add the following new subparagraphs 11 1 19 and 11 1 1 10 11 1 1 9 Liability Insurance shall mclude all ma�or divisions of coverage and be on a comprehensive basis including 1 Premises operations (including X, C and U coverage's as applicable) 2 Independent Contractors' Protective 3 Products and Completed Operations � 4 Personal In�ury Liability with Employment Excluston deleted 5 Contractual, including specified provision for Contractor's obligation under Paragraph 318 6 Owned, non-owned and hired motor vehicles 7 Broad Form Property Damage including Completed Operations 11 1 1 10 If the General Liability coverage's are provided by a Commercial General Liabdity Pol�cy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract, the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintamed after final payment, certified in accordance with Subparagraph 9 10 2 Add the followmg subparagraph 11 12 1 11 1 2 1 The insurance required by Subparagraph 11 1 1 shail be written for not less than the following limits, or greater if required by law 1 Worker's Compensation a State Statutory b Applicable Federal Statutory c Employer's Liability $100,000 perAccident 2 Comprehensive or Commercial General Liability (including Premises-operations, Independent Contractors' Protective, Products and Completed Operations, Broad Form Property Damage) a Boddy In�ury $1,000,000 Each Occurrence $ 2,000,000 Agg regate b Property Damage $1,000,000 Each Occurrence $2,000,000 Aggregate c Products and Completed Operations to be maintained for a minimum period of 3 years afterfmal payment d Property Damage Liabdity insurance shall provide Explosion, Collapse, and Underground coverage e Broad Form Property Damage Coverage shall mclude Completed Operations 3 Contractual Liability a Bodily In�ury SUPPLEMENTAL CONDITIONS 007300 -14 City of Bremerton Bremerton Washmgton Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 $1,000,000 Each Occurrence $2,000,000 Aggregate b Property Damage $1,000,000 Each Occurrence $2,000,000 Aggregate 4 Personal In�ury, with Employment Exclusion deleted $2,000,000 Agg regate 5 Business Auto Liability (includmg owned non and hired vehicles) a Bodily In�ury $1,000,000 Each Person $1,000,000 Each Occurrence b Property Damage $1,000,000 Each Occurrence Add the followmg subparagraphs 11 13 1 through 11 13 5 11 '9 3 1 The certificate of insurance shall name the Owner as "Additional Insured " Certificate is required at time contract is signed 11 1 3 2 The Contractor shall provide an original of the executed insurance policy Endorsement to the Owner prior to commencement of the work 11 1 3 3 Upon request of the Owner, the Contractor shall provide complete, certif�ed copies of all required insurance polices '! 1 1 3 4 All insurance policies except Workers' Compensation shall specify that the insurance provided by the Contractor will be primary and non-contributory to any other insurance available to the Owner 11 1 3 5 To the extent allowed by law, the Contractor agrees to waive all rights of subrogation to recover damages caused by any claim arismg from Work performed by or on behalf of the Contractor under the Contract covered by insurance obtained pursuant to this Section 11 1 Endorsements shall be provided with certificates of insurance 11 3 PROPERTY iNSURANCE Paragraph 113 1 m the firstsentence change from "the Owner shall purchase and maintam " to read "the Contractor shall purchase and maintain " Delete subparagragh 113 12 Paragraph 113 13 in the first sentence change from "the Owner shall pay" io read "the Contractor shall paY „ Paragraph 113 2 �n the firstsentence change from "the Owner shall purchase and maintam " to read "the Contractor shall purchase and maintain " SUPPLEMENTAL CONDITIONS 007300 -15 City of Bremerton Bremerton. Washinaton Kitsap Conference Center Expans�on September 6, 2013 Issued Addendum 01 - September 16, 2013 Delete paragraphs 113 3, i 3 4 and 13 5 Delete paragraphs 113 4 and 113 5 and replace w►th the following 11 3 4 All insurance policies except Workers' Compensation shall specify that the insurance provided by the Contractor wdl be primary and non-contributory to any other insurance available to the Owner 11 3 5 To the extent allowed by law, the Contractor agrees to waive all rights of subrogation to recover damages caused by any claim arismg from Work performed by or on behalf of the Contractor under the Contract covered by insurance obtained pursuant to this Section 11 1 Endorsements shall be provided with certificates of insurance Delete Paragraph 113 6 and subsritute the follow►ng 11 3 6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes msurance coverages required by this Section 11 3 Each policy shall contain all generally applicable conditions, definit�ons, exclus�ons and endorsements related to this Pro�ect Each policy shall contain a provision that the policy wdl not be canceled or allowed to expire, and that its limits wdl not be reduced, until at least 30 days' prior written notice has been given to the Owner 11 3 7 At the end of the first sentence, revise "Owner as fiduciary" to "Contractor as fiduaary" Delete paragraphs 113 8, 113 9, and 11 3 10 ►n their ent►rety 11 4 PERFORMANCE AND PAYMENT BONDS Delete Subparagraph 114 1 and subsi�tute ihe followmg 11 41 The Contractor shall provide bonds covering faithful performance of the Contract and payment of obligattons arising thereunder Bonds may be obtained through the Contractor's usual source and the cost thereof shall be included in the Contract Sum The amount of each bond shall be equal 100 percent of the Contract Sum including all change orders and sales tax Add the followmg new subparagraphs 17 41 1 The Contractor shall del�ver the required bonds to the Owner no later than ten days followmg the Notice of Award and shall also be submitted with the signed and executed contract 11 41 2 Bonds shall be obtamed from companies holding certificates of authority as acceptable surettes pursuant to 31 CFR part 223 11 41 3 Provide bonds executed by surety company or companies authorized to transact business in State in which the pro�ect is being constructed Required form Performance Bond and Payment Bond AIA-A312, March 1984 Bonding company as approved by Owner 11 41 4 Provide origmals of the executed bonds to the Owner, complete with original ink signatures and origmal stamps/embossing 11 41 5 Provide proof of bond rider ad�ustments in the bond sum for Change Orders in con�unction with requests for progress payments SUPPLEMENTAL CONDITIONS 007300 -16 Citv of Bremerton Bremerton Washmgton Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 Add the followmg paragraph 115 11 5 INDEMNITY AND HOLD HARNiLESS 11 5 1 The Contractor agrees to defend, mdemnify and save harmless the Owner, Architect, and their agents, and employees against any and all loss, damage, liability, claims, demands or costs resulting from inJury or harm to persons or property (including, with limitation, the Contractor's employees or property) arising out of or in any way connected with Contractor's performance hereof, excepting only such in�ury or harm as may have been caused solely by the fault or negligence of the Owner, Architect, and their agents, and employees, and shall be deemed to include those of subcontractors 11 5 1 1 The Owner's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification 11 5 1 2 Should a court of competent �urisdiction determine that this agreement is sub�ect to RCW 4 24115, then, in the event of liabdity for damages arising out of boddy in�ury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officials, employees, agents and volunteers, the Contractor's liabdity hereunder shall be only to the extent of the Contractor's negligence 11 5 2 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UIdDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER I(VDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES � FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER 11 5 3 The provisions of Section 11 5 shall survive the expiration or termination of this Agreement ARTICLE 13 MISCELLANEOUS PROVISIONS '63 5 TESTS AND INSPECTIONS Add the followmg new subparagraph 13 5 7 No acceptance by the Owner of any Work shall be construed to result from any inspection, tests or failures to inspect by the Owner, the Owner's representative, the Architect or any other person No inspection, test, failure to mspect or test, or failure to discover any defect or non conformity by the Owner, the Owner's representative, the Architect or any other person shall relieve the Contractor of its responsibdity for meeting the requirements of the Contract Documents or impair the Owner's right to re�ect defective or nonconformmg items or right to avail itself of any other remedy to which the Owner may be entitled, notwithstandmg the Owner's knowledge of the defect or nonconformity, its substantially or the ease of discovery Paragraph 13 7, Time Limit on Cla�ms �n ihe firsi sentence, deleie " but in any case not more than 10 years after the date of Substantial Completion of the Work" Add ihe follow►ng new paragraphs 13 8 through 13 8 12 13.8 EQUAL OPPORTUNITY SUPPLEMENTAL CONDITIONS 007300 -17 City of Bremerton Bremerton, Washinaton Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 13 8 1 The Contractor shall maintain policies of employment as follows 13 8 1 1 The Contractor and the Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, marital status, physical and mental disabilities, or national origin The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, marital status, physical and mental disabdities, or national origin Such action shall include, but not be limited to, the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship The Contractor agrees to post �n conspicuous places, available to employees and applicants for employment, notices settmg forth policies of nondiscrimination 13 8 1 2 The Contractor and the Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, sexual orientat�on, marital status, physical and mental disabdities, or national origin ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACY 14 2 TERMINATION BV THE OWNER FOR CAUSE Change subparagraph 14 2 1 to read 14 2 1 The Owner may, upon seven days' written notice to the Contractor, terminate (without pre�udice to any r�ght or remedy of the Owner) the whole or any portion of the Work for cause, including the following circumstances 1 the Contractor fads to prosecute the Work or any portion thereof with suffic�ent diligence to ensure the Substant�al Completion of the Work within the Contract Time, 2 the Contractor is in material default of any provision of the Contract, 3 the Contractor is ad�udged bankrupt, makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, 4 the Contractor fads to supply a sufficient number of properly skilled workers or proper materials, 5 the Contractor fails to make prompt payment due to Subcontractors or for materials or labor, 6 the Contractor disregards laws, ordinances, rules, regulations or orders of any public authority having �urisdiction, or 7 the Contractor materially breaches any provis�on of the Contract Documents Add the follow►ng new subparagraph 14 2 5 If the Owner terminates in whole or part the Work pursuant to paragraph 14 2, the Owner may procure, upon such terms and in such manner as it deems appropriate, supplies or services similar to those termmated, and the Contractor shall be liable to the Owner for any excess costs for such similar supplies or services The Contractor shall continue to perform of this Contract to the extent not terminated hereunder ARTICLE 15 ADMINISTRATION OF THE CONTRACT Delete Art�de 15 �n its ent�rety and replace w�ih the followmg SUPPLEMENTAL CONDITIONS 007300 -18 City of Bremerton Bremerton Washington Kitsap Conference Center Expansion September 6, 2013 Issued Addendum 01 - September 16, 2013 'B5 'B CLABMS The Contractor shall give written notice to the City of all claims other than change orders withm fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any cla�m for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement, or, if (and only ifl no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim At a minimum, a Contractor's written claim must include the mformation set forth regard�ng protests in Section 7 A 2 a-e FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Contractor must, in any event, fde any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is comptete 15 2 GOVERNONG LAW This agreement shall be governed and construed in accordance with the laws of the State of Washmgton If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the �urisdiction, venue and ru�es of the Kitsap County Superior Court, Kitsap County, Washington 15 3 ATTORNEY'S FEES To the extend not inconsistent with RCW 39 04 240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringmg such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 11 5 of the Supplemental Conditions herein 15 4 WARRAIdTY The Contractor shall correct all defects in workmanship and materials withm one year from the date of the Contractor's acceptance of the City's final payment under this contract When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Contractor does not accomplish the corrections within a reasonable time, the C�ty may complete the corrections and the Contractor shal) pay all costs incurred by the City in order to accomplish the correction END OF SECTION SUPPLEMENTAL CONDITIONS 007300 -19