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Home My WebLink AboutCONTRACT TO JOHN E. LAVENDER AND ASSOCIATES, INC. OF STATESBORO, GA TO CONSTRUCT AND RENOVATE THE MAXWELL BRANCH LIBRARY ON LUMPKIN ROAD (2)1M= MM1h. a A m =AI A Document A101T" - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the seventeenth day of August in the year two thousand eighteen (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original Augusta GA AIA standard form.An Additions and 535 Telfair Street,Suite 200 Deletions Report that notes added Augusta,GA 30901 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Contractor: vertical line in the left margin of this document indicates where the author (Name, legal status, address and other information) has added necessary information and where the author has added to or John E.Lavender and Associates,Inc. deleted from the original AIA text. 300 Pulaski Road Statesboro,GA 30459 This document has important legal consequences.Consultation with an attorney is encouraged with respect for the following,Project: to its completion or modification. (Name, location and detailed description) The parties should complete A101 TM-201 7,Exhibit A,Insurance Jeff Maxwell Library Renovation and Bonds,contemporaneously with 1927 Lumpkin Road this Agreement.AIA Document Augusta,GA 30906 A201 TM-2017,General Conditions of the Contract for Construction,is The Architect: adopted in this document by (Name, legal status, address and other information) reference.Do not use with other general conditions unless this McMillan Pazdan Smith Architecture document is modified. 400 Augusta Street,Suite 200 Greenville,SC 29601 The Owner and Contractor agree as follows. AIA DocumentA101TM—2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIAC Document is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:23 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (827745605) 41111111•1 TABLE OF ARTICLES 1` THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 s CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary,and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements, either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. I [:X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected,then the date of commencement shall be the date of this Agreement. §3.2 The Contract Time shall be measured from the date of commencement of the Work. §3.3 Substantial Completion §3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) Init. AIA Document A101 TM-2017.Copyright CO 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIAC Document is protected by U.S.Copyright Law and International Treaties. 2 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 12:55:23 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (827745605) ,011111111 ., • [ X ] Not later than thirty ( 30 )calendar weeks from the date of commencement of the Work. [ ] By the following date: §'3.3.2 NOT USED (Table deleted) §3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3,liquidated damages,if any,shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be nine hundred forty seven thousand eight hundred dollars ($ 947,800 ),subject to additions and deductions as provided in the Contract Documents. §4.2 Alternates-NIA (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraph deleted) §'4.3 Allowances,if any,included in the Contract Sum: (Idents each allowance.) Item Price Door Hardware $14,000 Hazardous Material Abatement $7,500 §4.4 Unit prices,if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Rem Units and Limitations Price per Unit($0.00) Roof Sheathing Square Foot $50.00 §4.5 Liquidated damages,if any: (Insert terms and conditions for liquidated damages, if any.) N/A §4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) N/A ARTICLE 5 PAYMENTS §5.1 Progress Payments §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. §5.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 25th day of the same A1A Document A101"—2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA^ Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:23 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (827745605) a . month.If an Application for Payment is received by the Architect after the application date fixed above,payment of the amount certified shall be made by the Owner not later than twenty( 20 )days after the Architect receives the Application for Payment. (Federal,state or local laws may require payment within a certain period of time.) §5,1,4 Each Application for Payment shall include documentation required by the Local Small Business Opportunity Program and shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form,and supported by such data to substantiate its accuracy, as the Architect may require.This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 In accordance with AIA Document A201T"_2017,General Conditions of the Contract for Construction,and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: §5.1,61;The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction,or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing;and .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified. §51.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017;and .5 Retainage withheld pursuant to Section 5.1.7. §5.1.7 Retainage §5.1.7.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: (Insert apercentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) L 10% §5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) 1' N/A §5.1.7.2 Reduction or limitation of retainage,if any,shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications) N/A AIA Document A101,0—2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The Imt American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. 4 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 12:55:23 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (827745605) • l §5.1.7.3 Except as set forth in this Section 5.1.7.3,upon Substantial Completion of the Work,the Contractor may submit an Application for Payment that includes half of the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7.The (Paragraphs deleted) remaining retainage will continue to be held by the Owner until the completion of all punch list items and closeout submittals requirements outlined in section 01 78 00 of the project specifications §5,1.8 If final completion of the Work is materially delayed through no fault of the Contractor,the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 Final Payment §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements,if any, which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment. (Paragraphs deleted) ARTICLE 6 DISPUTE RESOLUTION §6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017,unless the parties appoint below another individual,not a party to this Agreement,to serve as the Initial Decision Maker. I (Paragraphs deleted) §6.2 Binding Dispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [X] Litigation shall be in the Superior Court of Richmond County Georgia. [ ] Other(Spec) If the Owner and Contractor do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. §7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017,then the Owner shall pay the Contractor a termination fee as follows: init MA Document A101 TM-2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AlA®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 12:55:23 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. (827745605) User Notes: t � t (Insert the amount of or method for determining, the fee, if any,payable to the Contractor following a termination for the Owner's convenience.) N/A §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 The Owner's representative: (Name, address,;email address, and other information) Rick Acree Augusta GA 2760 Peach Orchard Rd Augusta,GA 30906 Phone:'706.821'_1595 Email:`racree a@augustaga.gov §8.3 The Contractor's representative: (Name,address,',email address,and other information) Patrick Boykin John E Lavender&Associates,Inc. 300 Pulaski Road Statesboro,GA 30459 Phone:912.489.4677 • Email:patrick@lavender.associates §8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. §8.5 Insurance and Bonds §8.5.1 The Contractor shall purchase and maintain insurance and bonds as set forth in Article 11 in AIA Document A201T2017. (State bonding requirements,if any,and limits of liability for insurance required in Article 11 of AIA Document A201-2017). :. Type of Insurance of Bond Limit of Liability or Bond Amount($0.00) 1. Bid Guarantee 10%of the Bid Amount 2. General Liability $1,000,000 per occurrence 3. Umbrella Liability $4,000,000 aggregate 4. Workers compensation&employer liability $1,000,000 5. Professional Liability $1,000,000 each claim/policy year aggregate 6. Performance Bond 100%of contract price 7. Payment Bond 100%of contract price I (Paragraph deleted) §8.6 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: AIA Document A101"—2017.Copyright C 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The Unit American Institute of Architects.All rights reserved.WARNING:This AIA''Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:23 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (827745605) (If other than in accordance with AIA Document E203-2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) §8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 This Agreement is comprised of the following documents: .1 AIA Document A101TM-2017,Standard Form of Agreement Between Owner and Contractor 2 AIA Document A201TM-2017,General Conditions of the Contract for Construction (Paragraphs deleted) .3 Drawings Number Title Date See ExhibitA Drawing List 04/11/2018 .4 Specifications Section Title Date Pages See Exhibit B Specifications Table of Contents 03/16/2018 721 I .5 Addenda,if any: Number Date Pages I Addendum 1 05/21/2018 6 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. I .6 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required) [" ] AIA Document E204TM-2017,Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages ['' ,] Supplementary and other Conditions of the Contract: Document Title Date Pages .7 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201 TM-2017 provides that the advertisement or invitation to bid,Instructions to Bidders, inn' AIA Document A101 T"—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'' Document is protected by U.S.Copyright Law and international Treaties. 7 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:23 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. (827745605) User Notes: sample forms, the Contractor's bid or proposal,portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement.Any such documents should be listed here only if intended to be part of the Contract Documents.) Exhibit A—Drawings List,dated 04/11/2018 Exhibit B—Specifications,Table of Contents Exhibit C—The Contractor's proposal,excluding all commercial terms This Agreement entered into as of the day and year first written above. /�JVOWNER(Signature) CONTRAC 'R(Signature) i AN Hardie Davis,Mayor •._ Iza(f$ (Printed name and title) Printe F name and title WITNESS(Signature) (Printed name and title) Lfi�iF�I �Y, x = 4 I I fit$ testa .I VtIrtAuct AIA Document A101 TM—2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA'9 Document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA5 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 12:55:23 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (827745605) TM �.d Document A201 — 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: Jeff Maxwell Library Renovation 1927 Lumpkin Road The author of this document has Augusta,GA 30906oaadded information needed for its completion.The author may also THE OWNER: have revised the text of the original AIA standard form.An Additions and (Name, legal status and address) Deletions Report that notes added information as well as revisions to the Augusta GA standard form text is available from 535 Telfair Street,Suite 200 the author and should be reviewed.A Augusta,GA 30901 vertical line in the left margin of this document indicates where the author THE ARCHITECT: has added necessary information (Name,legal status and address) and where the author has added to or deleted from the original AIA text. McMillan Pazdan Smith Architecture 400 Augusta Street,Suite 200 This document has important legal Greenville,SC'29607 consequences.Consultation with an attorney is encouraged with respect TABLE OF ARTICLES to its completion or modification. For guidance in modifying this 1 GENERAL PROVISIONS document to include supplementary conditions,see AIA Document 2 OWNER A503T"",Guide for Supplementary Conditions. 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS Init. AIA DocumentA201TM—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result m 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AThe 2 and 2017 beYbea. a 1987,1997,207TrIrtTwal 1970, - nal Pe under 66, Copyright and criminal 018 76, 961,19831h9y U.S.S' cwa 05/17/2 w and Internationalnalbec,Order (1733717591) 1937, 951,1955' protectedresult severe12 55:56 on a 251,Document tmay res oftware at 1_,19 ' Auks no portion of 'd by s 1911,19150:111:ING: '"ent,r'n,aneasproduce reserved.rights f bna7AVIA'' itects.irkdistrtbutopooderntothe forresale. -°c Institute duction orteat possible9and is American repro ex ., /20 Am Unauthorized maximumo on 04,1' IA D ument A2:41 :re;2017.Col in " d to the _ire be prosecuted which expires pros R7776az 443- No. Notes: User ipawoe.ITThis documentw INDEX Architect's Authority to Reject Work (Topics and numbers in bold are Section headings.) 3.5,4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Acceptance of Nonconforming Work Architect's Decisions 9.6.6,9.9.3, 12.3 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, Acceptance of Work 7.3.4,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 13.4.2, 15.2 Access to Work Architect's Inspections 3.16 6.2.1, 12.1 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.4 Accident Prevention Architect's Instructions 10 3.2.4,3.3.1,4.2.6,4.2.7, 13.4.2 Acts and Omissions Architect's Interpretations 3.2,3.3.2,3.12.8,3.18,4.2.3,8.3.1,9.5.1, 10.2.5, 4.2.11,4.2.12 10.2.8, 14.1, 15.1.2, 15.2 13.3.2, Architect's Project Representative Addenda 4.2.10 1.1.1 Architect's Relationship with Contractor Additional Costs,Claims for 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, 3.7.4 3.7.5,10.3.2, 15.1.5 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16, Additional Inspections and Testing 3.18,4.1.2,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, 9.4.2 9.8.3, 12.2.1,13.4 9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Additional Time,Claims for Architect's Relationship with Subcontractors 3.2.4 3.7.4 3.7.5 3.10.2,8.3.2,15.1.6 , 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3 Administration of the Contract Architect's Representations 3.1.3 4.2 9.4 9.5 3 3 9.4.2,9.5.1,9.10.1 Advertisement or Invitation to Bid Architect's Site Visits 1.1.1 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 Aesthetic Effect Asbestos 4.2.13 10.3.1 Allowances Attorneys'Fees 3.8 3.18.1,9.6.8,9.10.2, 10.3.3 Applications for Payment Award of Separate Contracts 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.5.4,9.6.3,9.7,9.10 6.1.1,6.1.2 Approvals Award of Subcontracts and Other Contracts for 2.1.1,2.3.1,2.5,3.1.3,3.10.2,3.12.8,3.12.9, Portions of the Work 3.12.10.1 4.2.7 9.3.2 13.4.1 5 5.2 Arbitration Basic Definitions 8.3.1, 15.3.2,15.4 1.1 ARCHITECT Bidding Requirements 4 1.1.1 Architect,Definition of Binding Dispute Resolution 4.1.1 8.3.1,9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, Architect,Extent of Authority 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 2.5,3.12.7,4.1.2,4.2,5.2,6.3,7.1.2,7.3.4,7.4,9.2, Bonds,Lien 9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 7.3.4.4,9.6.8,9.10.2,9.10.3 13.4.1, 13.4.2,14.2.2, 14.2.4, 15.1.4, 15.2.1 Bonds,Performance,and Payment Architect,Limitations of Authority and Responsibility 7.3.4.4,9.6.7,9.10.3,11.1.2, 11.1.3,11.5 2 1 1 3.12.4 3.12.8 3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, Building Information Models Use and Reliance 4.2.6,4.2.7,4.2.10 4.2.12,4.2.13,5.2.1,7.4,9.4.2, 3 1.8 9.5.4 9.6.4,15.1.4, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Capitalization Architect's Administration of the Contract 1.3 3.1.3,3.7.4, 15.2,9.4.1,9.5 Certificate of Substantial Completion Architect's Approvals 9.8.3,9.8.4,9.8.5 2.5,3.1.3,3.5,3.10.2,4.2.7 AIA Document A201 TM 2017.Copyright 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This Alk'm Document is protected by U.S.Copyright Law and International Treaties, 3 Unauthorized reproduction or distribution of this AIA' Document or any portion of it may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) . , Certificates for Payment Concealed or Unknown Conditions 421,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, 3.7.4,4.2.8,8.3.1, 10.3 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Conditions of the Contract Certificates of Inspection,Testing or Approval 1.1.1,6.1.1,6.1.4 13.4.4 Consent,Written Certificates of Insurance 3.4.2,3.14.2,4.1.2,9.8.5,9.9.1,9.10.2,9.10.3, 13.2, 9.10.2 15.4.4.2 Change Orders Consolidation or Joinder 1.1.1,3 4 2 3 7 4 3 8 2.3 3.11,3.12.8,4.2.8,5.2.3, 15.4.4 7.1.2,7.1.3,7.2,7.3.2,7.3.7,7.3.9,7.3.10,8.3.1, CONSTRUCTION BY OWNER OR BY 9 3 1 1 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 2 2 2 3 11 4 2 8 7 7.2.1 7.3.1 7.4,8.3.1,9.3.1.1, Construction Change Directives 11.5 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, Claims,Definition of 9.3.1.1 15.1.1 Construction Schedules,Contractor's Claims,Notice of 3.10,3.11,3.12.1,3.12.2,6.1.3, 15.1.6.2 1.6.2, 15,1.3 Contingent Assignment of Subcontracts CLAIMS AND DISPUTES 5.4, 14.2.2.2 3.2.4,6.1.1,6.3,7.3.9,9.3.3,9.10.4, 10.3.3, 15, 15.4 Continuing Contract Performance Claims and Timely Assertion of Claims 15.1.4 15 4 1 . • Contract,Definition of Claims for Additional Cost 1.1.2 32,4,3.3.1,3.7.4,7.3,9,9.5.2, 10.2.5, 10.3.2,15.1.5 CONTRACT,TERMINATION OR Claims for Additional Time SUSPENSION OF THE 3 2 4'3 3 1 3.7 4 6.1.1 8.3.2 9.5.2, 10.3.2, 15.1.6 5.4.1.1,5.4.2, 11.5,14 Goncealed or Unknown Conditions,Claims for Contract Administration . 3.7 4 3.1.3,4,9.4,9.5 Claims for Damages Contract Award and Execution,Conditions Relating 3 2 4 3 18 8 3 3 9.5.1,9.6.7, 10.2.5, 10,3.3, 11.3, , to 11.3.2, 14.2.4,15.1.7 3.7.1,3.10,5.2,6.1 Claims Subject to Arbitration Contract Documents,Copies Furnished and Use of 15.4.1 1.5.2,2.3.6,5.3 Cleaning Up Contract Documents,Definition of 3.15,6.3 1.1.1 Commencement of the Work,Conditions Relating to Contract Sum 2.2.1, 2 2 3 4.1 3.7.1 3.10.1,3.12.6,5.2.1,5.2.3, 2.2.2,2.2.4,3.7.4,3.7.5,3.8,3.10.2,5.2.3,7.3,7.4, 6.2.2,8.1.2,8.2.2,8.3.1, 11.1, 11.2,15.1.5 9.1,9.2,9.4.2,9.5.1.4,9.6.7,9.7, 10.3.2, 11.5, 12.1.2, Commencement of the Work,Definition of 12.3, 14.2.4, 14.3.2, 15.1.4.2,15.1.5,15.2.5 8.1.2 Contract Sum,Definition of Communications 9.1 3.9.1,4.2.4 Contract Time Completion,Conditions Relating to 1.1.4,2.2.1,2.2.2,3.7.4,3.7.5,3.10.2,5.2.3,6.1.5, 3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1, 7.2.1.3,7.3.1,7.3.5,7.3.6,7,7,7.3.10,7.4,8.1.1, 9.10, 12.2, 14.1.2,15.1.2 8.2.1,8.2.3,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 12.1.2, COMPLETION,PAYMENTS AND 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 9 Contract Time,Definition of Completion,Substantial 8.1.1 3- - 10 1 4 2 9 8 1 1 8 1 3 8.2.3,9.4.2,9.8,9.9.1, CONTRACTOR 9 10 3 12.2,15.1.2 3 Compliance with Laws Contractor,Definition of 2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4, 10.2.2, 13.1, 3.1,6.1.2 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, Contractor's Construction and Submittal 15.4.2, 15.4.3 Schedules 3.10,3.12.1,3.12.2,4.2.3,6.1.3, 15.1.6.2 AIA Document A201Tm—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The t American Institute of Architects.All rights reserved.AWA,DNING:This AIA Document is protected by U.S.Copyright LawTreaties, and International 4 Unauthorized reproduction or distribution ofthisDocument,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under i1Athe law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) Contractor's Employees Damage to Construction of Owner or Separate 2.2.4,3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, Contractors 10.3, 11.3, 14.1, 14.2.1.1 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Liability Insurance Damage to the Work 11.1 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Relationship with Separate Contractors Damages,Claims for and Owner's Forces 3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.3.2, 3.12.5,3.14.2,4.2.4,6, 11.3, 12.2.4 11.3, 14.2.4, 15.1.7 Contractor's Relationship with Subcontractors Damages for Delay 1.2.2,2.2.4,3.3.2,3.18.1,3.18.2,4.2.4,5,9.6.2,9.6.7, 6.2.3,8.3.3,9.5.1.6,9.7, 10.3.2, 14.3.2 9.10.2 11.2 11.3, 11.4 Date of Commencement of the Work,Definition of Contractor's Relationship with the Architect 8.1.2 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, Date of Substantial Completion,Definition of 3.5.1,3.7.4,3.10,3,11,3.12,3.16,3.18,4.2,5.2,6.2.2, 8.1.3 7,8.3.1,9.2,9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, 10.3, Day,Definition of 11.3, 12,13.4,15.1.3, 15.2.1 8.1.4 Contractor's Representations Decisions of the Architect 3.2.1,3,2.2;3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,6.3,7.3.4, Contractor's Responsibility for Those Performing the 7.3.9,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1, 13.4.2, Work 14.2.2, 14.2.4, 15.1, 15.2 3.3.2,3.18,5.3,6.1.3,6.2,9.5.1,10.2.8 Decisions to Withhold Certification Contractor's Review of Contract Documents 9.4.1,9.5,9.7, 14.1.1.3 3.2 Defective or Nonconforming Work,Acceptance, Contractor's Right to Stop the Work Rejection and Correction of 2.2.2,9.7 2.5,3.5,4.2.6,6.2.3,9.5.1,9.5.3,9.6.6,9.8.2,9.9.3, Contractor's Right'to Terminate the Contract 9.10.4, 12.2.1 14.1 Definitions Contractor's Submittals 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 3.10,3.11,;3.12,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1, 15.1.1 9.8'.3,9,9.1,9.10.2,9.10.3 Delays and Extensions of Time Contractor's Superintendent 3.2,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 3.9; 10.2.6 10.3.2,10.4, 14.3.2, 15.1.6, 15.2.5 Contractor's Supervision and Construction Digital Data Use and Transmission Procedures1.7 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, Disputes 7.3.4,7.3.6,8.2,10,12, 14,15.1.4 6.3,7.3.9, 15.1, 15.2 Coordination and Correlation Documents and Samples at the Site 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1` 3.11 Copies Furnished of Drawings and Specifications Drawings,Definition of 1.5,2.3.6,'3.11, 1.1.5 Copyrights Drawings and Specifications,Use and Ownership of 1.5,3.17 3.11 Correction of Work Effective Date of Insurance 2.5,3.7.3,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, 12.2, 12.3, 8.2.2 15.1.3.1, 15.1.3.2,15.2.1 Emergencies Correlation and Intent of the Contract Documents 10.4, 14.1.1.2,15.1.5 1.2` Employees,Contractor's Cost,Definition of 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 7.3.4 10.3.3, 11.3, 14.1, 14.2.1.1 Costs Equipment,Labor,or Materials 2.5,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 7.3.3.3,7.3.4,7.3''.8,7.3.9,9.10.2, 10.3.2, 10.3.6, 11.2, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3, 12.1.2,12.2.1,12'.2.4, 13.4, 14 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Cutting and Patching Execution and Progress of the Work 3.14,6.2.5 1.1.3, 1.2.1, 1.2.2,2.3.4,2.3.6,3.1,3.3.1,3.4.1,3.7.1, 3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.6,8.2,9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init. AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 byt The American Institute of Architects.All rights reserved.WARNING:This AIA''Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA`Document,or any portion of It.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) • Extensions of Time Insurance,Stored Materials 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, 9.3.2 10.4, 14.3, 15.1.6,15.2.5 INSURANCE AND BONDS Failure of Payment 11 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Insurance Companies,Consent to Partial Occupancy Faulty Work 9.9.1 (See Defective or Nonconforming Work) Insured loss,Adjustment and Settlement of Final Completion and Final Payment 11.5 4.2:1,4,2.9,9.8.2,9.10,12.3, 14.2.4, 14.4.3 Intent of the Contract Documents Financial Arrangements,Owner's 1.2.1,4.2.7,4.2.12,4.2.13 2.2.1, 13.2.2, 14.1.1.4 Interest GENERAL PROVISIONS 13.5 1 Interpretation Governing Law 1.1.8, 1.2.3, 1.4,4.1.1,5.1,6.1.2, 15.1.1 13.1 Interpretations,Written Guarantees(See Warranty) 4.2.11,4.2.12 Hazardous Materials and Substances Judgment on Final Award 10.2.4,10.3 15.4.2 Identification of Subcontractors and Suppliers Labor and Materials,Equipment 5.2.1 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Indemnification 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 10.2.1, 3.17,3.18,9.6.8,9.10.2, 10.3.3, 11.3 10.2.4, 14.2.1.1, 14.2.1.2 Information and Services Required of the Owner Labor Disputes 2.1.2,2.2,2.3,3.2.2,3.12.10.1,6.1.3,6.1.4,6.2.5, 8.3.1 9.6.1,9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, Laws and Regulations 14.1.1.4,14.1.4, 15.1.4 1.5,2.3.2,3.2.3,3.2.4,3.6,3.7,3.12.10,3.13,9.6.4, Initial Decision 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.2 15.4 Initial Decision Maker,Definition of Liens 1.1.8 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 Initial Decision Maker,Decisions Limitations,Statutes of 14.2.4, 15.1.4.2, 1;5.2.1, 15.2.2, 15.2.3, 15,.2.4, 15.2.5 12.2.5, 15.1.2, 15.4.1.1 Initial Decision Maker,Extent of Authority Limitations of Liability 14.2.4,15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 3.2.2,3.5,3.12.10,3.12.10.1,3.17,3.18.1,4.2.6, Injury or Damage to Person or Property 4.2.7,6.2.2,9.4.2,9.6.4,9.6.7,9.6.8, 10.2.5, 10.3.3, 10.2.8, 10.4 11.3, 12.2.5, 13.3.1 Inspections Limitations of Time 3.13,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 9.9.2,9.10.1, 12.2.1, 13.4 5.2,5.3,5.4.1,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3, Instructions to Bidders 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15, 1.1.1 15.1.2, 15.1.3, 15.1.5 Instructions to the Contractor Materials,Hazardous 3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2, 12, 13.4.2 10.2.4,10.3 Instruments of Service,Definition of Materials,Labor,Equipment and 1.1.7 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Insurance 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 6.1.1,7.3.4,8.2.2,9.3.2,9.8.4,9.9.1,9.10.2,10.2.5,11 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance,Notice of Cancellation or Expiration Means,Methods,Techniques,Sequences and 11.1.4, 11.2.3 Procedures of Construction Insurance,Contractor's Liability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 11.1 Mechanic's Lien Insurance;Effective Date of 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 8.2.2, 14.4.2 Mediation Insurance,Owner's Liability 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6,15.3, 15.4.1, 11.2 15.4.1.1 Insurance,Property Minor Changes in the Work 10.2.5, 11.2, 11.4, 11.5 1.1.1,3.4.2,3.12.8,4.2.8,7.1,7.4 Iftit. AIA Document A201 TN-2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIM Document is protected by U.S.Copyright Law and International Treaties, 6 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) MISCELLANEOUS PROVISIONS Owner's Right to Clean Up 13 6.3 Modifications,Definition of Owner's Right to Perform Construction and to 1.1.1 Award Separate Contracts Modifications to the Contract 6.1 1.1.1 1.1.2 2.5 3.11 4.1.2 4.2.1 5.2.3 7 8.3.1,9.7, , Owner's Right to Stop the Work 10.3.2 2.4 Mutual Responsibility Owner's Right to Suspend the Work 6.2 14.3 Nonconforming Work,Acceptance of Owner's Right to Terminate the Contract 9.6.6,9.9.3,12.3 14.2, 14.4 Nonconforming Work,Rejection and Correction of Ownership and Use of Drawings,Specifications 2.4,2.5,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, and Other Instruments of Service 12.2 1.1.1, 1.1.6, 1.1.7,1.5,2.3.6,3.2.2,3.11,3.17,4.2.12, Notice 5.3 1.6, 1.6.1,1.6.2,2.1.2,2.2.2.,2.2.3,2.2.4,2.5,3.2.4, Partial Occupancy or Use 3.3.1,3.7.4,3.7.5,3.9.2,3.12.9,3.12.10,5.2.1,7.4, 9.6.6,9.9 8.2.2 9 6 8 9.7,9.10.1, 10.2.8 10.3.2, 11.5, 12.2.2.1, Patching,Cutting and 13.4.1,13.4.2,14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 3.14,6.2.5 15.1.6, 15.4.1 Patents Notice of Cancellation or Expiration of Insurance 3.17 11.1.4, 11.2.3 Payment,Applications for Notice of Claims 4.2.5,7.3.9,9.2,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, 1 6 2 2 1 2 3 7 4 9.6.8,10.2.8,15.1.3, 15.1.5, 15.1.6, 14.2.3, 14.2.4, 14.4.3 15 2 8 15.3.2,15.4.1 • - Payment,Certificates for Notice of Testing and Inspections 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, 13.4.1,13.4.2 9.10.3, 14.1.1.3, 14.2.4 Observations,Contractor's Payment,Failure of 3.2 3.7.4 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Occupancy Payment,Final 2.3.1,9.6.6,9.8 4.2.1,4.2.9,9.10, 12.3, 14.2.4, 14.4.3 Orders,Written Payment Bond,Performance Bond and 1 1 1 2.4,3.9.2,7,8.2.2,11.5, 12.1,12.2.2.1, 13.4.2, 7.3.4.4,9.6.7,9.10.3,11.1.2 14.3.1 Payments,Progress OWNER 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 2 PAYMENTS AND COMPLETION Owner,Definition of 9 2.1.1 Payments to Subcontractors Owner,Evidence of Financial Arrangements 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 2.2, 13.2.2, 14.1.1.4 PCB Owner,Information and Services Required of the 10.3.1 2.1.2,2.2,2.3,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5,9.3.2, Performance Bond and Payment Bond 9.6.1,9.6.4,9.9.2,9.10.3 10.3.3,11.2, 13.4.1, 13.4.2, 7.3.4.4,9.6.7,9.10.3,11.1.2 14 1 1 4 14 1 4 15.1.4 Permits,Fees,Notices and Compliance with Laws Owner's Authority 2.3.1,3.7,3.13,7.3.4.4, 10.2.2 1.5,2 1 1 2.3.32.4,2.5,3.4.2,3.8.1,3.12.10,3.14.2, PERSONS AND PROPERTY,PROTECTION OF 4.1.2 4.2.4 4.2.9 . . , . . , . ,6.3, . . , , ,5.2.1 9 524 541 61 721 10 7.3.1,8.2.2,8.3.1,9.3.2,9.5.1,9.6.4,9.9.1,9.10.2, Polychlorinated Biphenyl 10 3 2 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 10.3.1 15.2.7 Product Data,Definition of Owner's Insurance 3.12.2 11.2 Product Data and Samples,Shop Drawings Owner's Relationship with Subcontractors 3.11,3.12,4.2.7 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Progress and Completion Owner's Right to Carry Out the Work 4.2.2,8.2,9.8,9.9.1, 14.1.4, 15.1.4 2.5, 14.2.2 Progress Payments 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 AIA Document A201 —2017.Copyright 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init American Institute of Architects.All rights reserved.WARNING:This AiA' Document is protected by U.S.Copyright Law and international Treaties. 7 Unauthorized reproduction or distribution of this AlA' Document,or any portion of R.may result in severe civil and criminal penalties,ald will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Orderi No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) Project,Definition of Separate Contracts and Contractors 1.1.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6,8.3.1, 12.1.2 Project Representatives Separate Contractors,Definition of 4.2.10 6.1.1 Property Insurance Shop Drawings,Definition of 10.2.5,11.2 3.12.1 Proposal Requirements Shop Drawings,Product Data and Samples 1.1.1 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site,Use of 10 3.13,6.1.1,6.2.1 Regulations and Laws Site Inspections 1.5,2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.9.2,9.4.2,9.10.1, 13.4 10.2.2,13.1,13.3,13.4.1,13.4.2,13.5, 14,15.2.8,15.4 Site Visits,Architect's Rejection of Work 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 4.2.6, 12.2.1 Special Inspections and Testing Releases and Waivers of Liens 4.2.6, 12.2.1, 13.4 9.3.1,9.10.2 Specifications,Definition of Representations 1.1.6 3.2.1,3.5,3.12.6,8.2.1,9.3.3,9.4.2,9.5.1,9.10.1 Specifications Representatives 1.1.1,1.1.6, 1.2.2, 1.5,3.12.10,3.17,4.2.14 2.1.1,3.1.1,3.9,4.1.1,4.2.10, 13.2.1 Statute of Limitations Responsibility for Those Performing the Work 15.1.2, 15.4.1.1 3.3.2,3.18,4.2.2,4.2.3,5.3,6.1.3,6.2,6.3,9.5.1, 10 Stopping the Work Retainage'' 2.2.2,2.4,9.7, 10.3, 14.1 9.3.1,9.6.2,9.8.5,9.9.1,9'.10.2,9.10.3 Stored Materials Review of Contract Documents and Field 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Conditions by Contractor Subcontractor,Definition of 3.2,3.12.7,6.1.3 5.1.1 Review of Contractor's Submittals by Owner and SUBCONTRACTORS Architect 5 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Subcontractors,Work by Review of Shop Drawings,Product Data and Samples 1.2.2,3.3.2,3.12.1,3.18,4.2.3,5.2.3,5.3,5.4,9.3.1.2, by Contractor 9.6.7 3.12 Subcontractual Relations Rights and Remedies 5.3,5.4,9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 1.1.2,2.4,2.5,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, Submittals 6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5,10.3, 12.2.1, 12.2.2, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4,9.2,9.3,9.8, 12.2.4,13.3,14, 15.4 9.9.1,9.10.2,9.10.3 Royalties,Patents and Copyrights Submittal Schedule 3.17 3.10.2,3.12.5,4.2.7 Rules and Notices.for Arbitration Subrogation,Waivers of 15.4.1 6.1.1,11.3 Safety of Persons and Property Substances,Hazardous 10.2, 10.4, 10.3 Safety Precautions and Programs Substantial Completion 3.3.1,4.2.2,4.2.7,'5.3,10.1, 10.2, 10.4 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, Samples,Definition of 15.1.2 3.12.3 Substantial Completion,Definition of Samples,Shop Drawings,Product Data and 9.8.1 3.11,3.12,4.2,7 Substitution of Subcontractors Samples at the Site,Documents and 5.2.3,5.2.4 3.11 Substitution of Architect Schedule of Values 2.3.3 9.2,9.3.1 Substitutions of Materials Schedules,Construction 3.4.2,3.5,7.3.8 3.10,3.12.1,3.12.2,6.1.3, 15.1.6.2 Sub-subcontractor,Definition of 5.1.2 �� AIA Document A201 TM-2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING'This AIAM Document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be i prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) • Time Limits i 4.2, 1 1 112.5,3•15.-, n 1 „ 3.2.2,3.10,3.--, 9.3.1,9.3.3,9.-r. , 2.1.2,2.2,L.', A 7.3,7.4,8.2,9.2, ,4, 15.1.2, 5.2,5.3,5.4,7 69..28.,-,9,.9, Subsurface Conditions 9.5,9.6,9.•, 3.7.4 A Assigns and Successors 15 4 15.1.3, • 13.2 3.7. , 4 10.2.8, 9.10, 12.2, 13.4, i Superintendent 3.9, 10.2.6 Procedures 1.3, Work to * ion and Supervision Construction , 1 3 6.2.4,7. 4.2.7,n• ' ' Time Limits on Claims 3.12.10,4.2.2, 15.1.4 1.2.2,3.3,3.4, .., 10, 12, 14, UNCOVERING OvERING 7.3.4,8.2,8.3.1,9.4.2, g/ 9 4.2,9-5•4'9'6' 912.3.2,9.3.3 Work Suppliers 6 5.2.1,-•-, ' Uncovering 4 2.4,4.2. , 1 5 3•12.1, ; 12.1 of WAo AND CORRECTION OF WORK • ' 9.10.5, 14.2.1 Unforeseen 9,10.3, 11.1 '' Surety 9.8.5,9.10.2, 3.7.4,8.3.1, 10.3 5 4.1.2,9.6.8, Unit Pricesi ,, , 15 2.7 1.^, 14.2.2, Conditions,Concealed or Unknown ' Surety.Consent of 0 i 0 2 9.10.3 Use of Documents3.12.6,5.3 9.8.5,y.1 .• , Surveys Site 7.3.3.2,9.1.' 1 1.7,2.3-4 Owner for Convenience 3.13'6.1.1' le of ' by the Suspension 14.3 Work 1 Ul.s1e.1Of1.5,26.3.2.6.'1 'on of the Suspension Waiver of Claims by the Architect 14 3 theContract 7 5 5.4•2' ' • tion ofValues,Schedule Sehedu 13.3.2 3. . ' Termination ension or Suspension Waiver of Claims 1 1 14 5.4. - , 9.10.5, 13'-'-' the Waiver of Claimsby _,..,.1, 13.3.2, Owner 14.2.4, 15.1.7 Taxes ., _._.4.4 1 2 15.1b.y7 0 ,A 3,9.1- n.4, 12.2-z the Contractor 3 6 3.8.2.1,7 3 Contractor 9.9.3,y.i V. • , . the Termination by 14.1, 15-1-7 the Owner for Cause 14.2.4, 15. . by Waiver of Liens Termination..i 2 15.1.7 Waiver of Consequential17Damages Convenience 5 4.1-1,14. ' the Owner for 9.3,,..._ Termination by 14.4 o 10.2,9.10.4 • et of the Architect' tion Termination Warranty 9 9 1 7-ix' 0 ,A.2,9..... , 1 n 4 12.2.2, 2.3.3 the ContractorEmployment Waivers of Subrogation • * n of Terminatio615.1..11.2, 14.2.2 Delays THE SUSPENSION OF SPEN 15 1.6.2 9.3.3,9.8.4, . . , ci, Work, Definition CONTRA TERMINATION OR SU Weather Delays 14 Consent ,,8 3.14.2,4.1.2,9. . , 10 3 3 2 9- • ' t* ns 9 4 2 9.8.3, and Inspections A 2 9 . • , Written 3.1.• , 18..31.'3 . 'tion of 2.6,9.- • ' Tests 3.7.1,4.2.2,4. 13.2, 13. . , 3 2 • 9.10.1,10. . , 9.9.2, Written Interpretations 3.1.3,3.3.3, 3 2 12.2.1,13.4 TIME 1.5.2,3.4.2,3.7.4, 4.2.12 and Ex 8 • s of Orders 15 4.4.2 Extensions 9 5 1 9.7, Written _,..2.2, 1_. , Time,Delays 7.2.1,7.3.1, /4 1.1.1,2.4'3'9' 1 5 4 5-2 3 tensio ....,8.3, . . , 4.2.11, 3.2.4,3.7- , 0.4,14:3'- 10-3-2,1 2, 1 • ' 5.1 6 15.2.5 9 1 12.2, 13.4.2, 14.3.1 Treaties, 9 International ibe 1 q70,19 • and and will 1937,1951,1958,.. 1961,1963,1966, •-Copyright Lawand penalties, 1918,1925, s protested by U.Seeereen;iand rder Copyright 1911,1915,R -,Document . a result in s 08/17/2018 under A NING:This AIAportion of itdm at 12 55:56 on Document A201 TM 201s7.Ail rghts res.iv......AvviA,, byyAlA software AIA (1733717591) institute of Architects.diet" Document, rment was produce Init. American distribution of'this'' I under the law.This76 1987,1997,2007 and 2017 by The i prosecuted to Unauthorized reproduction omdattecnnt i onnm e x be 9 and I not for resale. uNsos.4r4N3067te7s7:682 which expires on 04/13/2019,and's ARTICLE 1 GENERAL PROVISIONS §1.1 Basic Definitions §1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement, and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive,or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include the advertisement or invitation to bid,Instructions to Bidders,sample forms,other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or portions of Addenda relating to bidding or proposal requirements. §1.1.2 The Contract'. The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Contractor and the Architect or the Architect's consultants,(2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the Architect or the Architect's consultants,or(4)between any persons or entities other than the Owner and the Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. §1.1.3 The Work The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completedand includes all other labor,materials,equipment,and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. §1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. §1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work,generally including plans,elevations,sections,details,schedules,and diagrams. §1.11 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards and workmanship for the Work,and performance of related services. §1.1.7 Instruments of Service Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements.Instruments of Service may include,without limitation,studies,surveys,models, sketches,drawings,specifications,and other similar materials. §1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2.The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. §1.2 Correlation and Intent of the Contract Documents §1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Ira American DocumentA2OlTM—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All lights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and international Treaties. 10 Unauthorized reproduction or distribution of this AlA°'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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions.If it is determined that any provision of the Contract Documents violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Contract Documents shall be construed,to the fullest extent permitted by law,to give effect to the parties' intentions and purposes in executing the Contract. §1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. §1.2.3 Unless otherwise stated in the Contract Documents,words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. §1.3 Capitalization Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles,or(3)the titles of other documents published by the American Institute of Architects. §1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any"and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5 Ownership and Use of Drawings,Specifications,and Other Instruments of Service §1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and retain all common law,statutory,and other reserved rights in their Instruments of Service,including copyrights.The Contractor,Subcontractors, Sub-subcontractors,and suppliers shall not own or claim a copyright in the Instruments of Service.Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'reserved rights. §1.5.5.2 The Contractor,Subcontractors,Sub-subcontractors,and suppliers are authorized to use and reproduce the Instruments of Service provided to them,subject to any protocols established pursuant to Sections 1.7 and 1.8,solely and exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service.The Contractor,Subcontractors,Sub-subcontractors,and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner,Architect,and the Architect's consultants. §1.6 Notice §1.6.1 Except as otherwise provided in Section 1.6.2,where the Contract Documents require one party to notify or give notice to the other party,such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person,by mail,by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. §1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail,or by courier providing proof of delivery. §1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use MA Document E203T14-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. §1.8 Building Information Models Use and Reliance Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in MA Document E203T14--2013,Building Information Modeling and Digital Data Exhibit,and the requisite MA Document Init. AIA Document A2011"—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AlAs Document is protected by U.S.Copyright Law and International Treaties. 11 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) G202114-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 OWNER §2.1 General §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization.Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. §2.1.2 The Owner shall furnish to the Contractor,within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate,give notice of,or enforce mechanic's lien rights.Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. §2.2 Evidence of the Owner's Financial Arrangements §2.2.1 Prior to commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.The Contractor shall have no obligation to commence the Work until the Owner provides such evidence:If commencement of the Work is delayed under this Section 2.2.1,the Contract Time shall be extended appropriately. §2.2.2 Following commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if(1)the Owner fails to make payments to the Contractor as the Contract Documents require; (2)the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or(3)a change in the Work materially changes the Contract Sum.If the Owner fails to provide such evidence,as required,within fourteen days of the Contractor's request,the Contractor may immediately stop the Work and,in that event,shall notify the Owner that the Work has stopped.However,if the request is made because a change in the Work materially changes the Contract Sum under(3)above,the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided.If the Work is stopped under this Section 2.2.2,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided in the Contract Documents. §2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2,the Owner shall not • materially vary such financial arrangements without prior notice to the Contractor. §2.2.4 Where the Owner has designated information furnished under this Section 2.2 as"confidential,"the Contractor shall keep the information confidential and shall not disclose it to any other person.However,the Contractor may disclose"confidential"information,after seven(7)days'notice to the Owner,where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or by court or arbitrator(s)order.The Contractor may also disclose"confidential"information to its employees,consultants, sureties,Subcontractors and their employees,Sub-subcontractors,and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. §2.3 Information and Services Required of the Owner §2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. §2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture,or an entity lawfully practicing architecture,in the jurisdiction where the Project is located.That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. AIA Document A201 TM-2017.Copyright 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AlA" Document is protected by U.S.Copyright Law and International Treaties, 12 Unauthorized reproduction or distribution of this MA,'"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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §2.3.3 If the employment of the Architect terminates,the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. §2.3.4 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. §2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness,The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. §2.3.6 Unless otherwise provided in the Contract Documents,the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. §2.4 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as requiredby Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,except to the extent required by Section 6.1.3. §2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have, correct such default or neglect.Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may,pursuant to Section 9.5.1,withhold or nullify a Certificate for Payment in whole or in part,to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect,or failure.If current and future payments are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner.If the Contractor disagrees with the actions of the Owner or the Architect,or the amounts claimed as costs to the Owner,the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR §3.1 General §3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Contractor shall be lawfully licensed,if required in the jurisdiction where the Project is located.The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.The term"Contractor"means the Contractor or the Contractor's authorized representative. §3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. §3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. §3.2 Review of Contract Documents and Field Conditions by Contractor §3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed,and correlated personal observations with requirements of the Contract Documents. Init. AIA Document A201" -2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S,Copyright Law and International Treaties. 13 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) a §3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.3.4,shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional,unless otherwise specifically provided in the Contract Documents. §3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. §3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15.If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to the Owner,subject to Section 15.1.7,as would have been avoided if the Contractor had performed such obligations.If the Contractor performs those obligations,the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents,for differences between field measurements or conditions and the Contract Documents,or for nonconformities of the Contract Documents to applicable laws,statutes, ordinances,codes,rules and regulations,and lawful orders of public authorities. §3.3 Supervision and Construction Procedures §3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for,and have control over,construction means,methods,techniques,sequences, and procedures,and for coordinating all portions of the Work under the Contract.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences,or procedures,the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means,methods, techniques,sequences,or procedures.If the Contractor determines that such means,methods,techniques,sequences or procedures may not be safe,the Contractor shall give timely notice to the Owner and Architect,and shall propose alternative means,methods,techniques,sequences,or procedures.The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction.Unless the Architect objects to the Contractor's proposed alternative,the Contractor shall perform the Work using its alternative means,methods, techniques,sequences,or procedures. §3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for,or on behalf of,the Contractor or any of its Subcontractors. §3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. §3.4 Labor and Materials §3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4,the Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Init AIA Document A201' —2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this MAI'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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. §3.5 Warranty §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. §3.5.2 All material,equipment,or other special warranties required by the Contract Documents shall be issued in the name of the Owner,or shall be transferable to the Owner,and shall commence in accordance with Section 9.8.4. §3.6 Taxes The Contractor shall pay sales,consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. §3.7 Permits,Fees,Notices and Compliance with Laws §3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as for other permits,fees,licenses,and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. §3.7.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work. §3.7.3Ifthe Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. §3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are(1)subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for, performance of any part of the Work,will recommend that an equitable adjustment be made in the Contract Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may submit a Claim as provided in Article 15. §3.7.5 If,in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect.Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. Init. AIA Document A201 TM-2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and international' Treaties. 15 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and wiil be prosecuted to the maximum extent possible under the law,This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §3.8 Allowances §3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,but the'Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. §3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; 2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit,and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances;and .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. §3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. §3.9 Superintendent §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor. §3.9.2 The Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the name and qualifications of a proposed superintendent.Within 14 days of receipt of the information,the Architect may notify the Contractor,stating whether the Owner or the Architect(1)has reasonable objection to the proposed superintendent or(2)requires additional time for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. §3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably,be withheld or delayed. §3.10 Contractor's Construction and Submittal Schedules §3.10.1 The Contractor,promptly after being awarded the Contract,shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall contain detail appropriate for the Project,including(1)the date of commencement of the Work,interim schedule milestone dates,and the date of Substantial Completion;(2)an apportionment of the Work by construction activity;and(3)the time required for completion of each portion of the Work.The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents.The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. §3.10.2 The Contractor,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,shall submit a submittal schedule for the Architect's approval.The Architect's approval shall not be unreasonably delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,and(2)allow the Architect reasonable time to review submittals.If the Contractor fails to submit a submittal schedule,or fails to provide submittals in accordance with the approved submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. §3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. §3;11 Documents and Samples at the Site The Contractor shall make available,at the Project site,the Contract Documents,including Change Orders, Construction Change Directives,and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and the approved Shop Drawings,Product Data,Samples,and similar required submittals.These shall be in electronic form or paper copy,available to the Architect and Owner,and Init. AIA Document A201 TM—2017.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA''Document is protected by U.S.Copyright Law and International Treaties. 16 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. §3.12 Shop Drawings,Product Data and Samples §3.12.1 Shop Drawings are drawings,diagrams,schedules,and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier,or distributor to illustrate some portion of the Work. §3.12.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams,and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. §3.12.3 Samples are physical examples that illustrate materials,equipment,or workmanship,and establish standards by which the Work will be judged. §3.12.4 Shop Drawings,Product Data,Samples,and similar submittals are not Contract Documents.Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals.Review by the Architect is subject to the limitations of Section 4.2.7.Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals that are not required by the Contract Documents may be returned by the Architect without action. §3,12.5 The Contractor shall review for compliance with the Contract Documents,approve,and submit to the Architect,Shop Drawings,Product Data,Samples,and similar submittals required by the Contract Documents,in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. §3.12.6 By submitting Shop Drawings,Product Data,Samples,and similar submittals,the Contractor represents to.the Owner and Architect that the Contractor has(1)reviewed and approved them,(2)determined and verified materials, field measurements and field construction criteria related thereto,or will do so,and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples,or similar submittals,until the respective submittal has been approved by the Architect. §3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples,or similar submittals,unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples,or similar submittals,by the Architect's approval thereof. §3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples,or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such notice,the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences,and procedures.The Contractor shall not be required to provide professional services in violation of applicable law. §3.12.10.1 If professional design services or certifications by a design professional related to systems,materials,or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall be entitled to rely AIA Document A201TM-2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA`'Document is protected by U.S.Copyright Law and International Treaties. 17 Unauthorized reproduction or distribution of this AIA Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents.The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings,calculations,specifications,certifications,Shop Drawings,and other submittals prepared by such professional.Shop Drawings,and other submittals related to the Work,designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications,and approvals performed or provided by such design professionals,provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria,the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. §3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances,codes, rules and regulations,lawful orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting,fitting,or patching required to complete the Work or to make its parts fit together properly.All areas requiring cutting,fitting,or patching shall be restored to the condition existing prior to the cutting,fitting,or patching,unless otherwise required by the Contract Documents. §3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting,patching,or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor.Consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold,from the Owner or a Separate Contractor,its consent to cutting or otherwise altering the Work. §3.15 Cleaning Up §3.151 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials,rubbish,the Contractor's tools,construction equipment,machinery,and surplus materials from and about the Project. §3.15,2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. §3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. §3.17 Royalties,Patents and Copyrights The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for defense or loss when a particular design,process,or product of a particular manufacturer or manufacturers is required by the Contract Documents,or where the copyright violations are contained in Drawings, Specifications,or other documents prepared by the Owner or Architect.However,if an infringement of a copyright or patent is discovered by,or made known to,the Contractor,the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Init. AIA Document A201 N-2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA:Document is protected by U.S.Copyright Law and International Treaties. 1$ Unauthorized reproduction or distribution of this AlAl' 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §3.18 Indemnification §3.18.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,Architect, Architect's consultants,and agents and employees of any of them from and against claims,damages,losses,and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss,or expense is caused in part by a party indemnified hereunder.Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. §3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,a Subcontractor,anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation,or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts,or other employee benefit acts. ARTICLE 4 ARCHITECT §4.1 General §4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. §4.1.2 Duties,responsibilities,and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified,or extended without written consent of the Owner,Contractor,and Architect.Consent shall not be unreasonably withheld. §4.2 Administration of the Contract §4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. §4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the Work.The Architect will not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. §4.2.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor, and(3)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of,and will not be responsible for acts or omissions of,the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's - services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and suppliers shall be through the Contractor.Communications by and with Separate Contractors shall be through the Owner.The Contract Documents may specify other communication protocols. AIA Document A201" —2017.Copyright 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This/UK'Document is protected by U.S.Copyright Law and International Treaties, 1 9 Unauthorized reproduction or distribution of this AlAf`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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3,whether or not the Work is fabricated,installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,suppliers, their agents or employees,or other persons or entities performing portions of the Work. §4.2.7 The Architect will review and approve,or take other appropriate action upon,the Contractor's submittals such as Shop Drawings,Product',Data,and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5,and 3.12.The Architect's review shall not constitute approval of safety precautions or of any construction means,methods,techniques,sequences,or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may order minor changes in the Work as provided in Section 7.4.The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. §42.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10;and issue a final Certificate for Payment pursuant to Section 9.10. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site.The Owner shall notify the Contractor of any change in the duties,responsibilities and limitations of authority of the Project representatives. §4.2.11 The Architect will interpret and decide matters concerning performance under,and requirements of,the Contract.Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any limits agreed upon or otherwise with reasonable promptness. §4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of,and reasonably inferable from,the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality',to either,and will not be liable for results of interpretations or decisions rendered in good faith. §4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. §4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. AIA DocumentA201TM—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 20 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) ARTICLE 5 SUBCONTRACTORS §5.1 Definitions §5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term "Subcontractor"does not include a Separate Contractor or the subcontractors of a Separate Contractor. §5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. §5.2 Award of Subcontracts and Other Contracts for Portions of the Work §5.2.1 Unless otherwise stated in the Contract Documents,the Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work,including those who are to furnish materials or equipment fabricated to a special design.Within 14 days of receipt of the information,the Architect may notify the Contractor whether the Owner or the Architect(1)has reasonable objection to any such proposed person or entity or(2)requires additional time for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting',names as required. §5.2.4 The Contractor shall not substitute a Subcontractor,person,or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. §5.3 Subcontractual Relations By appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work that the Contractor,by these Contract Documents,assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies,and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents.Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. §5.4 Contingent Assignment of Subcontracts §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. Init. AIA Document A201"'—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties, 21 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. §5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. §5.4.3 Upon assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor or other entity.If the Owner assigns the subcontract to a successor contractor or other entity,the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §6.1 Owner's Right to Perform Construction and to Award Separate Contracts §6.1.1 The term"Separate Contractor(s)"shall mean other contractors retained by the Owner under separate agreements.The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract,including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. §6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. §6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,Separate Contractors,and the Owner until subsequently revised. §6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors,the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract,including, without excluding others,those stated in Article 3,this Article 6,and Articles 10, 11,and 12. §6.2 Mutual Responsibility §6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. §6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work.Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work.The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. §6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the,Contractor's delays,improperly timed activities or defective construction.The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays,improperly timed activities,damage to the Work or defective construction. §6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. MA DocumentA201" —2017.Copyright 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. 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 MA' 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) 44141114 ! 4 §6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. §6.3 Owner's Right to Clean Up If a dispute arises among the Contractor,Separate Contractors,and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK §7.1 General §7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. §7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor,and Architect.A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. §7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents.The Contractor shall proceed promptly with changes in the Work,unless otherwise provided in the Change Order, Construction Change Directive,or order for a minor change in the Work. §7.2 Change Orders §7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor,and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment,if any,in the Contract Sum;and .3 The extent of the adjustment,if any,in the Contract Time. §7.3 Construction Change Directives §7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions,or other revisions,the Contract Sum and Contract Time being adjusted accordingly. §7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. §7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 As provided in Section 7.3.4. §7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,an amount for overhead and profit as set forth,in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.4 shall be limited to the following: Init. AIA Document A201 TM-2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIAI Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be 23 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) a .1 Costs of labor,including applicable payroll taxes,fringe benefits required by agreement or custom, workers'compensation insurance,and other employee costs approved by the Architect; .2 Costs of materials,supplies,and equipment,including cost of transportation,whether incorporated or consumed; .3 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance,permit fees,and sales,use,or similar taxes,directly related to the change;and .5 Costs of supervision and field office personnel directly attributable to the change. §7.3.5 If the Contractor disagrees with the adjustment in the Contract Time,the Contractor may make a Claim in accordance with applicable provisions of Article 15. §7.3.6 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. §7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them.Such agreement shall be effective immediately and shall be recorded as a Change Order. §7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. §7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment.The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment,the amount that the Architect determines,in the Architect's professional judgment,to be reasonably justified.The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a Claim in accordance with Article 15. §7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and the Architect will prepare a Change Order.Change Orders may be issued for all or any part of a Construction Change Directive. §7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.The Architect's order for minor changes shall be in writing.If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time,the Contractor shall notify the Architect and shall not proceed to implement the change in the Work.If the Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time,the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME §8.1 Definitions §8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §8.1.2 The date of commencement of the Work is the date established in the Agreement. §8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. !nit AIA Document A201 TM•••2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AiA Document is protected by U.S.Copyright Law and International Treaties. 24 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. (1733717591) User Notes: §8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §8.2 Progress and Completion §8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. §8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. §8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. §8.3 Delays and Extensions of Time §8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by(1)an act or neglect of the Owner or Architect,of an employee of either,or of a Separate Contractor;(2)by changes ordered in the Work;(3) by labor disputes,fire,unusual delay in deliveries,unavoidable casualties,adverse weather conditions documented in accordance with Section 15.1.6.2,or other causes beyond the Contractor's control;(4)by delay authorized by the Owner pending mediation and binding dispute resolution;or(5)by other causes that the Contractor asserts,and the Architect determines,justify delay,then the Contract Time shall be extended for such reasonable time as the Architect may determine. §8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. §8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION §9.1 Contract Sum §9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. §9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit a schedule of values to the Architect before the first Application for Payment,allocating the entire Contract Sum to the various portions of the Work.The schedule of values shall be prepared in the form,and supported by the data to substantiate its accuracy,required by the Architect.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment.Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require,and unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. §9.3 Applications for Payment §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9.2,for completed portions of the Work.The application shall be notarized,if required,and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require,such as copies of requisitions,and releases and waivers of liens from Subcontractors and suppliers,and shall reflect retainage if provided for in the Contract Documents. §9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. AIA Document A201 TM—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S,Copyright Law and International Treaties. 2S Unauthorized reproduction or distribution of this AIA/'Document,or any portion of it,may result in severe civil and criminal penalties,and wrll be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others whom the Contractor intends to pay. §9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage, and transportation to the site,for such materials and equipment stored off the site. §9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information,and belief,be free and clear of liens,claims,security interests,or encumbrances,in favor of the Contractor,Subcontractors,suppliers,or other persons or entities that provided labor, materials,and equipment relating to the Work. §9.4 Certificates for Payment §9.41 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either(1)issue to the Owner a Certificate for Payment in the full amount of the Application for Payment,with a copy to the Contractor;or(2)issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due,and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1;or(3)withhold certification of the entire Application for Payment,and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. §9.4...2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based on the Architect's evaluation of the Work and the data in the Application for Payment,that,to the best of the Architect's knowledge,information,and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion,and to specific qualifications expressed by the Architect. However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;(2)reviewed construction means,methods,techniques,sequences,or procedures;(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §9.5 Decisions to Withhold Certification §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims,unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,materials or equipment; AIA Document A201 TM—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIKI Document is protected by U.S.Copyright Law and international Treaties. 26 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or .7 repeated failure to carry out the Work in accordance with the Contract Documents. §9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1,in whole or in part,that party may submit a Claim in accordance with Article 15. §9.5.3 When the reasons for withholding certification are removed,certification will be made for amounts previously withheld. §9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered.If the Owner makes payments by joint check,the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. §9.6 Progress Payments §9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. §9.6.2 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. §9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. §9,6,4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work.If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to pay,or to see to the payment of money to,a Subcontractor or supplier,except as may otherwise be required by law. §9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. §9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. §9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both, under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor,create any fiduciary liability or tort liability on the part of the Contractor for breach of trust,or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. §9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents,the Contractor shall defend and indemnify the Owner from all loss,liability,damage or expense,including reasonable attorney's fees and litigation expenses,arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier.Upon receipt of notice of a lien claim or other claim for payment,the Owner shall notify the Contractor.If approved by the applicable court,when required,the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. AIA Document A201 ' —2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties, 27 Unauthorized reproduction or distribution of this AIAl'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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §9,7 Failure of Payment If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents,the amount certified by the Architect or awarded by binding dispute resolution,then the Contractor may,upon seven additional days'notice to the Owner and Architect,stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided for in the Contract Documents. §9.8 Substantial Completion §9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. §9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately, is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall, before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. §9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion;establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance;and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate.Upon such acceptance,and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof.Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §9.9 Partial Occupancy or Use §9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project.Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,retainage,if any,security,maintenance, heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. §9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor,and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. Inst. AIA Document A201,"—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This MAI'Document is protected by U.S.Copyright Law and International Treaties. 28 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. §9.10 Final Completion and Final Payment §9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection.When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect,(3)a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety,if any,to final payment,(5)documentation of any special warranties,such as manufacturers' warranties or specific Subcontractor warranties,and(6)if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts and releases and waivers of liens,claims,security interests,or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien,claim,security interest,or encumbrance.If a lien, claim,security interest,or encumbrance remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien,claim,security interest,or encumbrance,including all costs and reasonable attorneys'fees. §9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed,corrected,and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment.Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. §9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens;Claims,security interests,or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents;or .4 audits performed by the Owner,if permitted by the Contract Documents,after final payment. §9.10.5 Acceptance of final payment by the Contractor,a Subcontractor,or a supplier,shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY §10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating,maintaining,and supervising all safety precautions and programs in connection with the performance of the Contract. §10.2 Safety of Persons and Property §10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury,or loss to AIA Document A201""-2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and international Treaties. 29 Unauthorized reproduction or distribution of this AlA"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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody,or control of the Contractor,a Subcontractor,or a Sub-subcontractor;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, structures,and utilities not designated for removal,relocation,or replacement in the course of construction. §10.2.2 The Contractor shall comply with,and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities,bearing on safety of persons or property or their protection from damage,injury,or loss. §10.2.3 The Contractor shall implement,erect,and maintain,as required by existing conditions and performance of the Contract,reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards;promulgating safety regulations;and notifying the owners and users of adjacent sites and utilities of the safeguards. §10.2.4 When use or storage of explosives or other hazardous materials or equipment,or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. §10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3.The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. §10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. §10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. §10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,notice of the injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. §10.3 Hazardous Materials and Substances §10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances.If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and notify the Owner and Architect of the condition. §10.3.2 Upon receipt of the Contractor's notice,the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to cause it to be rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance.The Contractor and the Architect will AIA Document A201T"—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA--Document is protected by U.S,Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlPil‘ Document,or any portion of it,may result in severe civil and criminal penalties,and will be 3° prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown,delay,and start-up. §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants,and agents and employees of any of them from and against claims, damages,losses,and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),except to the extent that such damage,loss,or expense is due to the fault or negligence of the party seeking indemnity. §10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents.The Owner shall be responsible for hazardous materials or substances required by the Contract Documents,except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. §10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs(1)for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to perform its obligations under Section 10.3.1,except to the extent that the cost and expense are due to the Owner's fault',or negligence. §10.3.6 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall reimburse the Contractor for all cost and expense thereby incurred. §10.4 Emergencies In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury,or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS §11.1 Contractor's Insurance and Bonds §11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Owner,Architect,and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. §11.1.2 The Contractor shall provide surety bonds of the types,for such penal sums,and subject to such terms and conditions as required by the Contract Documents.The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. §11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. §11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance.Within three(3)business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents,the Contractor shall provide notice to the Owner of such impending or actual cancellation or Init. AIA Document A201T''—2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 31 Unauthorized reproduction or distribution of this AIA''Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) expiration.Upon receipt of notice from the Contractor,the Owner shall,unless the lapse in coverage arises from an act or omission of the Owner,have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor.The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. §11.2 Owner's Insurance §11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents.The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. §11.2.2 Failure to Purchase Required Property Insurance.If the Owner fails to purchase and maintain the required property insurance,with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents,the Owner shall inform the Contractor in writing prior to commencement of the Work.Upon receipt of notice from the Owner,the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor,Subcontractors,and Sub-Subcontractors in the Work.When the failure to provide coverage has been cured or resolved,the Contract Sum and Contract Time shall be equitably adjusted.In the event the Owner fails to procure coverage,the Owner waives all rights against the Contractor,Subcontractors,and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner.The cost of the insurance shall be charged to the Owner by a Change Order.If the Owner does not provide written notice,and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance,the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. §11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance.Within three(3)business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents,the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration.Unless the lapse in coverage arises from an act or omission of the Contractor:(1)the Contractor,upon receipt of notice from the Owner,shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor;(2)the Contract Time and Contract Sum shall be equitably adjusted;and(3)the Owner waives all rights against the Contractor, Subcontractors,and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled.If the Contractor purchases replacement coverage,the cost of the insurance shall be charged to the Owner by an appropriate Change Order.The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. §11.3 Waivers of Subrogation §11.3.1 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors, sub-subcontractors,agents,and employees,each of the other;(2)the Architect and Architect's consultants;and(3) Separate Contractors,if any,and any of their subcontractors,sub-subcontractors,agents,and employees,for damages caused by fire,or other causes of loss,to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project,except such rights as they have to proceeds of such insurance.The Owner or Contractor,as appropriate,shall require similar written waivers in favor of the individuals , and entities inentined above from the Architect,Architect's consultants,Separate Contractors,subcontractors,and sub-subcontractors.The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation.This waiver of subrogation shall be effective as to a person or entity(1)even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise,(2)even though that person or entity did not pay the insurance premium directly or indirectly, or(3)whether or not the person or entity had an insurable interest in the damaged property. §11.3.2 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,to the extent permissible by such policies,the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. AIA Document A201'M—2017.Copyright(0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This Document M protected by U.S.Copyright Law and International Treaties, 32 Unauthorized reproduction or distribution of this AiA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §11.4 Loss of Use,Business Interruption,and Delay in Completion Insurance The Owner,at the Owner's option,may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property,or the inability to conduct normal operations,due to fire or other causes of loss.The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property,due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss §11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.5.2.The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner,and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. §11.5.2 Prior to settlement of an insured loss,the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds.The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds.If the Contractor does not object,the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation.Upon receipt,the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions.Thereafter,if no other agreement is made or the Owner does not terminate the Contract for convenience,the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose.If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds,the Owner may proceed to settle the insured loss,and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15.Pending resolution of any dispute,the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK §12.1 Uncovering of Work §12.1.1 If aportion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if requested in writing by the Architect,be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. §12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being,covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate.If such Work is not in accordance with the Contract Documents,the costs of uncovering the Work,and the cost of correction,shall be at the Contractor's expense. §12.2 Correction of Work §12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,discovered before Substantial Completion and whether or not fabricated,installed or completed. Costs of correcting such rejected Work,including additional testing and inspections,the cost of uncovering and replacement,and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. §12.2.2 After Substantial Completion §12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of any applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of notice from the Owner to do so,unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during Init. AIA Document A201" —2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA''Document is protected by U.S.Copyright Law and international Treaties. 33 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.5. §12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. §12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. §12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. §12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors,whether completed or partially completed,caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. §12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents.Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.3 Acceptance of Nonconforming Work If the.Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents,the Owner may,do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS §13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 15.4. §132 Successors and Assigns §13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns,and legal representatives to covenants,agreements,and obligations contained in the Contract Documents.Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. §13.2.2.The Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project,ifthe lender assumes the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate the assignment. §13.3 Rights and Remedies §13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights,and remedies otherwise imposed or available by law. §13.3.2 No action or failure to act by the Owner,Architect,or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed upon in writing. Init. AIA Document A201" -2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 34 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §13.4 Tests and Inspections §13.4.1 Tests,inspections,and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws,statutes,ordinances,codes,rules,and regulations or lawful orders of public authorities.Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections,and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections,and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of tests,inspections,or approvals that do not become requirements until after bids are received or negotiations concluded.The Owner shall directly arrange and pay for tests,inspections,or approvals where building codes or applicable laws or regulations so require. §13.4.2 If the Architect,Owner,or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection,or approval not included under Section 13.4.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection,or approval,by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures.Such costs, except as provided in Section 13.4.3,shall be at the Owner's expense. §13.4.3 If procedures for testing,inspection,or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure,including those of repeated procedures and compensation for the Architect's services and expenses,shall be at the Contractor's expense. §13.4.4 Required certificates of testing,inspection,or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. §13.4.51f the Architect is to observe tests,inspections,or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the normal place of testing. §13,4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. §13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT §14.1 Termination by the Contractor § . 14„1 1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,their agents or employees,or any other persons or entities performing portions of the Work,for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government,such as a declaration of national emergency,that requires all Work to be stopped; 3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or 4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor,a Subcontractor,a - Sub subcontractor their agents or employees,or any other persons or entities performing portions of the Work, repeated suspensions,delays,or interruptions of the entire Work by the Owner as described in Section 14.3,constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. AIA Document A201 T” 2017.Copyright 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 bThe Init. American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this AIA P 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days'notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed,as well as reasonable overhead and profit on Work not executed,and costs incurred by reason of such termination. §14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days'notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. §14.2 Termination by the Owner for Cause §14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or ,4 otherwise is guilty of substantial breach of a provision of the Contract Documents. §14.2.2 When any of the reasons described in Section 14.2.1 exist,and upon certification by the Architect that sufficient cause exists to justify such action,the Owner may,without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days'notice,terminate employment of the Contractor and may,subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and .3 Finish the Work by whatever reasonable method the Owner may deem expedient.Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. §14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Initial Decision Maker,upon application,and this obligation for payment shall survive termination of the Contract. §14.3 Suspension by the Owner for Convenience §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work,in whole or in part for such period of time as the Owner may determine. §14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay,or interruption under Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent .1 that performance is,was,or would have been,so suspended,delayed,or interrupted,by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. §14.4 Termination by the Owner for Convenience §14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. §14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience,the Contractor shall .1 cease operations as directed by the Owner in the notice; AIA Document A201 T""-2017.Copyright C 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AlA'Document a protected by U.S.Copyright Law and International Treaties. 36 Unauthorized reproduction or distribution of this A€Aa"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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. §14.4.3 In case of such termination for the Owner's convenience,the Owner shall pay the Contractor for Work properly executed;costs incurred by reason of the termination,including costs attributable to termination of Subcontracts;and the termination fee,if any,set forth in the Agreement. ARTICLE 15 CLAIMS AND DISPUTES §15.1 Claims §15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking,as a matter of right,payment of money,a change in the Contract Time,or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims shall rest with the party making the Claim.This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. §15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract,whether in contract,tort,breach of warranty or otherwise,in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. §15.1.3 Notice of Claims §15.1.3.1 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect,if the Architect is not serving as the Initial Decision Maker.Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. §15.1.3.2 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party.In such event,no decision by the Initial Decision Maker is required. §15.1.4 Continuing Contract Performance §15.1.4.1 Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.7 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. §15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision,subject to the right of either party to proceed in accordance with this Article 15.The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. §15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum,notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. §15.1.6 Claims for Additional Time §15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,notice as provided in Section 15.1.3 shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay,only one Claim is necessary. Init AIA DocumentA2OlTM—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.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 37 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated,and had an adverse effect on the scheduled construction. §15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit,except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. §15.2 Initial Decision §15.2.1 Claims,excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4,and 11.5,shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Maker,unless otherwise indicated in the Agreement.Except for those Claims excluded by this Section 15.2.1,an initial decision shall be required as a condition precedent to mediation of any Claim.If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker,the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered.Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. §15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions:(1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that,in the Initial Decision Maker's sole discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. §15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. §15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data,such party shall respond,within ten days after receipt of the request,and shall either(1)provide a response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be furnished,or(3)advise the Initial Decision Maker that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim in whole or in part. §15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor;and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision Maker,of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. §15.2.6 Either party may file for mediation of an initial decision at any time,subject to the terms of Section 15.2.6.1. AIA Document A201 TN—2017.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by Th Init. American Institute of Architects.AMI rights reserved.WARNING:This AIA'Document is protected by U.S.U.s.Copyright Law and International Treaties. 38 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 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. (1733717591) User Notes: • §15.2.6.1 Either party may,within 30 days from the date of receipt of an initial decision,demand in writing that the other party file for mediation.If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. §15.2.7 In the event of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety,if any, of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Owner may, but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. §15.2.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. §15.3 Mediation §15.3.1 Claims,disputes,or other matters in controversy arising out of or related to the Contract,except those waived as provided for in Sections 9.10.4,9.10.5,and 15.1.7,shall be subject to mediation as a condition precedent to binding dispute resolution. §153.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of binding dispute resolution proceedings but,in such event, mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If anarbitration is stayed pursuant to this Section 15.3.2,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. §15.3.3 Either party may,within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute,demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to . file for binding dispute resolution within 60 days after receipt thereof,then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. §15.3.4 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §15.4 Arbitration §15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any Claim subject to,but not resolved by,mediation shall be subject to arbitration which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement.The Arbitration shall be conducted in the place where the Project is located,unless another location is mutually agreed upon.A demand for arbitration shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.The party' filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. §15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. §15.4.2 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Inv AIA Document A201Tm—2017.Copyright Ci 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'"Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MAU'Document,or any portion of it.may result in severe civil and criminal penalties,and will be 39 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) §15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement,shall be specifically enforceable under applicable law in any court having jurisdiction thereof. §15.4.4 Consolidation or Joinder 4 1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party §1 .4. may5consolidate an arbitration conducted under this Agreement with any other arbitration towhich it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common questions of law or fact,and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). §15 4 4 2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. §15 4'4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4,whther by joinder or consolidation,the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. MA Document A201 TM 2017.Copyright CD 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,197,19L8a ,1997,2007 and 2017 by The Unit. American Institute of Architects.All rights reserved.WARNING:This MA'Document is protected by U.S.Copyright _anti International Treaties, 40 Unauthorized reproduction or distribution this/kW'Document,or any portion of it.may suLinasreevaetrecwil and criminal penalties,and will be prosecuted to the maximum extant possible under the law.This document was produced by ArleAs 12:55:56 on 08/17/2018 under Order No.4436777682 which expires on 04/13/2019,and is not for resale. User Notes: (1733717591) grvaawoemend aPOtagetmen4 � 1 l A ` • ( err FAXED AND MAILED TO: All Vendors Nancy Williams, Quality Assurance Analyst Takiyah Dou , Central Services Department-Facilities Maintenance Division FROM: Geri Sams Procurement Direc or DATE: May 21, 2018 SUBJ: Clarification to the Specifications and Responses to Vendor's Questions BID ITEM: Bid Item 18-209 Maxwell Branch Library Renovations and Additions for Augusta Central Services Department-Facilities Maintenance Division BID OPENING DATE: Thursday, May 31, 2018 @ 3:00 p.m. ADDENDUM 1 Bidders on this project are hereby notified that this Addendum shall be attached to and made part of the above-named Bid Package. The changes and clarifications shall supplement the contract documents for the above referenced project. Changes shown in this document shall supersede previously dated contract documents. Acknowledge receipt of all Addendums on Attachment B within the Specifications package. Clarification to the Specifications: 1. Revised drawings included as part of this addendum are as follows: a. Interior Drawing - ID400—Revised to include power and data locations for furniture b. Interior Drawing— ID800—Added TR5 to the schedule 2. Revised specifications sections included as part of this addendum are as follows: a. Section 01 21 00 revised to reflect the pre-bid conference discussions of allowances. Please note that signage is no longer an allowance. Actual costs are to be included in your bid price. b. Section 00 21 13 and 00 41 00 revised to delete reference to non-existent sections 00 43 27& 00 43 83. Responses to Vendor's Questions: 1. Dwg, C100—are there any other ADA accessible islands or sidewalks other than one at the east side of the building? Answer: No,the one on the east side of the building is the only one in the current scope. 2. Dwg, C100—Clarify (Alt#2) is the underground piping for the storm line for the new DS 8" or 10". Detail refers to 8"? Answer: All proposed underground piping for the storm line in Alt.#2 shall be 8". Please revise the callouts accordingly. 3. Dwg, A340—Detail A1/A810 not shown. Please clarify? Answer: Refer to H-7 on Sheet A810 for head detail 4. Dwg, ID315—No ID reference for RM. 115 Staff TLT. Assume same as RM's 108/109 Women/Men's TLT? Room 605- 535 Telfair Street,Augusta Georgia 30901 (706)821-2422-Fax(706)821-2811 . scan th OR code with your �- v�Y��, �� a .� I:1:- _ smartphone or camera equipped tablet to visit the Augusta,Georgia Register atwww.demandstar.com/supplier for automatic bid notification Addendum 1 Bid Item-#18-209 Maxwell Branch Library Renovations and Additions Pane,1 of 2 Answer: Yes, elevations for 115 are like 108, 109; Tile from floor to ceiling on wet wall and returning 12" on adjacent walls. 5. Dwg, ID510—Detail B4/510, TR-5 not listed in finish schedule located on ID800. Please Clarify? Answer: Sheet ID800 has been reissued with TR-5 included in the schedule(see clarification item 1a above) 6. Dwg, S300—Detail 6/S300, assume that vapor barrier for under SOG concrete placement is not required at exterior application, located at Mech.Yard. Please clarify? Answer: The vapor barrier for this slab is not required. Per the International Building Code section 1907.1 exception 4,a vapor barrier is not required for flatwork which will not be enclosed later. 7. Dwg, M600— Details on M301 that is not shown on drawing M100. Is sheet M600 just for reference? Please clarify? Answer: Sheet M600 is the detail sheet for this project.There is no sheet M301. Details on sheet M600 should have had a subscript of M600, not M301 that is shown. 8. Section 01 21 00 Allowances— 1.04 Allowance schedule, B. section 08 71 00 Door HDW, no allowance monies was stipulated. Please clarify? Answer Section 01 21 00 has been reissued as part of this addendum (see clarification item 2a above). 9. Section 00 21 13 Instructions to bidders-Document 00 43 27 &00 43 83 forms are not attached in the specifications. Please provide or clarify? Answer: Section 00 21 13 and 00 41 00 have been reissued as part of this addendum(see clarification item 2b above) Please acknowledge addendum in your submittal END ADDENDUM ATTACHMENTS: REVISED SECTION 00 21 13-INSTRUCTION TO BIDDERS(1 PAGE) REVISED SECTION 00 41 00-BID FORM(2 PAGES) REVISED SECTION 01 21 00-ALLOWANCES 9(1 PAGE) REVISED DRAWINGS ID400 AND ID800(2 PAGES) Addendum 1 Bid item#18-209 Maxwell Branch Library Renovations and Additions Pane 2 of 2 McMillan Pazdan Smith Architecture Jeff Maxwell Branch Library 03.16.2018 Augusta,Georgia MPS Project 17283 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS PART 1 GENERAL 1.01 INSTRUCTIONS TO BIDDERS A. The Instructions to Bidders consist of AIA A701, Instructions to Bidders,following this document. 1.02 RELATED DOCUMENTS A. Document 00 41 00 - Bid Form. 1.03 REFERENCE STANDARDS A. AIA A701 - Instructions to Bidders; 1997. PART 2 PRODUCTS- NOT USED PART 3 EXECUTION- NOT USED END OF DOCUMENT Addendum 1 Bid Item#18-211 00 21 13-INSTRUCTIONS TO BIDDERS Page 1 of 1 McMillan Pazdan Smith Architecture Jeff Maxwell Branch Library 03.16.2018 Augusta,Georgia MPS Project 17283 SECTION 00 41 00 BID FORM 1.01 TO THE OWNER A. Augusta-Richmond County Public Library System B. 535 Telfair Street C. Augusta, GA 30901 1.02 FOR THE PROJECT A. Jeff Maxwell Branch Library B. 1927 Lumpkin Road Project Location Address 2 C. Augusta, Georgia 1.03 DATE OF BID Date 1.04 SUBMITTED BY Bidder's Full Name Address City, State, Zip 1.05 BASE BID A. Having examined the site and all matters referred to in the Instructions to Bidders and the the proposed Contract Documents prepared by McMillan Pazdan Smith Architecture for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the lump sum of: ($ dollars) in lawful money of the United States of America. B. All applicable taxes are included in the Base Bid; these include federal, state and local taxes. 1.06 BIDDER'S REPRESENTATIONS A. In submitting this Bid, the Bidder represents that: 1. The Owner reserves the right to reject any or all Bids as indicated in A701 Instructions to Bidders. 2. This Bid may not be withdrawn for a period of thirty calendar days from the date of bid opening. Addendum 1'Bid Item#18-209 00 41`00-BID FORM Page 1 of 2 Jeff Maxwell Branch Library McMillan Pazdan Smith Architecture Augusta,Georgia 03.16.2018 MPS Project 17283 Revised in Addendum 01 1.07 CONTRACT TIME A. If this Bid is accepted, we will: B. Complete the Work in calendar weeks from Notice to Proceed. (Bidder to enter number of weeks.) 1.08 ADDENDA A. The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all costs are included in the Base Bid. Addendum No. 01 Dated: Addendum No. 02 Dated: Addendum No. 03 Dated 1.09 BID FORM SUPP EMENTS • •. r • • miloet6Ree. 1.10 BID AUTHORIZATION A. This Bid is Submitted By: Handwritten Name of Bidder(Print Full Name of Firm) (Handwritten Signature of Authorized Signing Officer of Bidder) (Typed or Printed Name and Title of Authorized Signing Officer of Bidder) Witness of Signature (Provide Handwritten Signature and Title) END OF SECTION Addendum 1 Bid Item#16-209 00 41 00 BID FORM Page 2 of 2' • McMillan Pazdan Smith Architecture Jeff Maxwell Branch Library 03.16.2018 Augusta,Georgia Revised in Addendum 01 MPS Project 17283 SECTION 01 21 00 ALLOWANCES PART 1 GENERAL 1.01 SECTION INCLUDES A. Cash allowances. B. Payment and modification procedures relating to allowances. 1.02 RELATED REQUIREMENTS A. Document 00 72 00-General Conditions:The General Conditions applicable to this Contract. B. Section 01 20 00-Price and Payment Procedures: Additional payment and modification procedures. 1.03 CASH ALLOWANCES A. Costs Included in Cash Allowances:As indicated in the General Conditions. B. Costs Not Included in Cash Allowances:As indicated in the.General Conditions. C. Architect Responsibilities: 1. Select products in consultation with Owner and transmit decision to Contractor. 2. Prepare Change Order. D. Contractor Responsibilities: 1. Assist Architect in selection of products, suppliers, and installers. 2. Obtain proposals from suppliers and installers and offer recommendations. 3. On notification of which products have been selected, execute purchase agreement with designated supplier and installer. 4. Arrange for and process shop drawings, product data, and samples. Arrange for delivery. 5. Promptly inspect products upon delivery for completeness,damage,and defects. Submit claims for transportation damage. E. Differences in costs will be adjusted by Change Order. 1.04 CONTINGENCY ALLOWANCE A. Costs Included and Not Included in Cash Allowances:As Indicated in the General Conditions. B. Funds will be drawn from the Contingency Allowance only by Change Order. C. At closeout of Contract,funds remaining in Contingency Allowance will be credited to Owner by Change Order. 1.05 ALLOWANCES SCHEDULE delivery of Signese: B. Section 08 71 00 Door Hardware: Include the stipulated sum of$14,000 for purchase and delivery of Door Hardware. C. Contingency Allowance for Abatement of Hazardous Material: Include the stipulated sum of $7,500 for use upon Owner's instructions related to the discovered need for the Abatement of Hazardous Materials, Owner's Hazardous Material Report is pending. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION'-NOT USED END OF DOCUMENT Addendum 1 Bid Item#18-209 01 21 00-ALLOWANCES Page 1 of 1 EXHIBIT A GENERAL SHEET NO SHEET NAME GOIO CODE SUMMARY GT to LIFE SAFETY CIVIL SHEET NO I SHEET NAME C-100 J SIDEWALK AND ROOF DRAINPROV"WENTS ARCHITECTURAL SHEET NO SHEET NAME A001 A8EREYMAT1ON.SYMBOLS AND LEGENDS A003 PARTITION TYPES METAL STUD AND MASONRY AOOO ARCHITECTURAL SITE PLAN A010 DEMOLITION PLAN A01I —OEMOUTON REFLECTED CEA-INPIAN A012 DEMOLITIONELEVATIfNVS A4t3DEMOLIT1014 ELEVATIONS A101 FLOOR PLAN A102 EXTERIOR FINISH PLAN A120 ROOF PLAN A200 REFLECTED CEILING PLAN A300 EXTERIOR ELEVATIONS A33O BOLDING SECTIONS A340 WALL SECTIONS AND DETAILS A420 ENLARGED RESTROOM PLANS AND ELEVATIONS MOO PERSPECTIVE VIEWS MOO PLAN DETAILS A630 CEILING DETAILS A510 MILLWORK ELEVATIONS AND DETAILS MOO DOOR SCHEDULE AMID 'DOOR HEAD JAMB.AND SILL DETAILS A820 STOREFRONT PLANS AND ELEVATIONS A821 STOREFRONT PLANSAND ELEVATIONS A830 STOREFRONT HEAD.JAMB,AND SILL DETAILS INTERIORS SHEET NO SHEET NAME 10310 FLOOR€L/41SHPLAN 10315 WALL FINISH PLAN 1E0400 FURNITURE COORDINATION PLAN 10510 INTERIOR FINISH ELEVATIONS 10700 INTERIOR SIGNAGE.PLAN 10701 INTERIOR SIGNAGE TYPES AND DETAILS 10702 INTERIOR/EXTERIOR SIGNAGE TYPES.ANO DETAILS 10800 INTERIOR FINISH SCHEDULES STRUCTURAL SHEET NO SHEET NAME 5100 STRUCTURAL NOTES 5200 FOUNDATION PLAN S300 STRUCTURAL DETAILS 5301 STRUCTURAL DETAILS MECHANICAL SHEET NO SHEET NAME I4040 �HIVACDEMOIJTIONPLAN MIOO HVAC NEW WORK PLAN MOOD HVAC DETAILS L0300 HVAC SCHEDULES,NOTES AND LEGEND ELECTRICAL SHEET NO SHEET NAME £001 LEGEND.NOTES,DETAIL AND FIXTURE SCHEDULE EDIT ELECTRICAL DEMDLllIDNPLAN £100 ELECTRICAL S1TE PLAN 6.201 LIGHTING PLAN E301 POWER PLAN £401 MECHANICAL POWER PIAN £501 FIRE ALARMS SYSTEMS BACKSOX PLAN £701 DETAILS PLUMBING SHEET NO NAME POLO PLIBAS1NG DEMOUT PLAN-WASTE VENT P011 PLUMBING DEMOLITION PLAN 3 WATER&GAS P100 PLLB#BINGNEW WORK PLAN-WASTE AND VENT P101 PL NEW WORK PLA -WATERI GAS P800 PLUMBING SCHEDULE AND DETAII.S , McMillan Pazdan Smith Architecture Jeff Maxwell Branch Library 03.16.2018 Augusta, Georgia MPS Project 17283 SECTION 00 01 01 TABLE OF CONTENTS DOCUMENT ISSUE DATE Date of Original Issue: Unless noted otherwise by a revised date, all documents and sections in this Project Manual are dated 03.16.2018. Revision Date: Revised documents will be noted with the date of its revision in the"REVISION DATE"column of this Table of Contents. *-asterisks indicate sections held for review and update SECTION NO. SECTION TITLE REVISION DATE DIVISION 00 - INTRODUCTORY INFORMATION 00 01 01 -TABLE OF CONTENTS 00 01 07- SEALS PAGE DIVISION 00 - PROCUREMENT REQUIREMENTS 00 11 16- INVITATION TO BID 00 21 13- INSTRUCTIONS TO BIDDERS 00 41 00- BID FORM 00 43 22- UNIT PRICES FORM 00 43 23-ALTERNATES FORM 00 43 25- SUBSTITUTION REQUEST FORM - DURING PROCUREMENT 00 43 25 CSI FORM 01-5C- SUBSTITUTION REQUEST DURING BID- NEGOTIATION DIVISION 00 -CONTRACTING REQUIREMENTS 00 50 00- CONTRACTING FORMS 00 50 00.01 C106- DIGITAL DATA LICENSING AGREEMENT 00 52 00-AGREEMENT FORM 00 72 00- GENERAL CONDITIONS 00 73 00- SUPPLEMENTARY CONDITIONS DIVISION 01 -GENERAL REQUIREMENTS 01 10 00- SUMMARY 01 20 00- PRICE AND PAYMENT PROCEDURES 01 21 00-ALLOWANCES 01 22 00- UNIT PRICES 01 23 00-ALTERNATES 01 25 00- SUBSTITUTION PROCEDURES 01 30 00-ADMINISTRATIVE REQUIREMENTS 01 32 16- CONSTRUCTION PROGRESS SCHEDULE 01 40 00- QUALITY REQUIREMENTS 00 01 01 -TABLE OF CONTENTS Page 1 of 5 Jeff Maxwell Branch Library McMillan Pazdan Smith Architecture Augusta, Georgia 03.16.2018 MPS Project 17283 01 55 05-TEMPORARY CONSTRUCTION SIGNAGE 01 78 00- CLOSEOUT SUBMITTALS 01 79 00- DEMONSTRATION AND TRAINING DIVISION 02 - EXISTING CONDITIONS 02 41 00- SELECTIVE DEMOLITION DIVISION 03 - CONCRETE 03 30 00- CAST-IN-PLACE CONCRETE DIVISION 04 - MASONRY 04 20 00- UNIT MASONRY DIVISION 05 -METALS 05 12 00- STRUCTURAL STEEL FRAMING DIVISION 06 -WOOD, PLASTICS, AND COMPOSITES 06 10 53 - ROUGH CARPENTRY 06 16 53- MOISTURE-RESISTANT SHEATHING 06 41 00-ARCHITECTURAL WOOD CASEWORK DIVISION 07 -THERMAL AND MOISTURE PROTECTION 07 14 00- FLUID-APPLIED WATERPROOFING 07 21 00-THERMAL INSULATION 07 25 00-WEATHER BARRIERS 07 26 16- UNDERSLAB VAPOR RETARDERS 07 31 13-ASPHALT SHINGLES 07 54 23-THERMOPLASTIC-POLYOLEFIN ROOFING (TPO) 07 71 23- MANUFACTURED GUTTERS AND DOWNSPOUTS 07 92 00- JOINT SEALANTS DIVISION 08 -OPENINGS 08 11 13- HOLLOW METAL DOORS AND FRAMES 08 14 16- FLUSH WOOD DOORS 08 42 29-AUTOMATIC ENTRANCES 08 43 13-ALUMINUM-FRAMED STOREFRONTS 08 71 00- DOOR HARDWARE 08 80 00- GLAZING DIVISION 09 - FINISHES 09 05 61 - COMMON WORK RESULTS FOR FLOORING PREPARATION 09 21 16- GYPSUM BOARD ASSEMBLIES 09 22 36.23- METAL LATH 09 24 23- CEMENT STUCCO 09 30 00-TILING 09 51 00-ACOUSTICAL CEILINGS 00 01 01 -TABLE OF CONTENTS Page 2 of 5 McMillan Pazdan Smith Architecture Jeff Maxwell Branch Library 03.16.2018 Augusta, Georgia MPS Project 17283 09 65 00- RESILIENT FLOORING 09 68 13-TILE CARPETING 09 91 13- EXTERIOR PAINTING 09 91 23- INTERIOR PAINTING DIVISION 10 -SPECIALTIES 10 14 00- SIGNAGE 10 28 00-TOILET ACCESSORIES 10 44 00- FIRE PROTECTION SPECIALTIES 10 51 13 - METAL LOCKERS DIVISION 11 -EQUIPMENT 11 30 13- RESIDENTIAL APPLIANCES 11 52 13- PROJECTION SCREENS DIVISION 12 - FURNISHINGS 12 36 00- COUNTERTOPS DIVISION 13 -SPECIAL CONSTRUCTION-NOT USED DIVISION 14-CONVEYING EQUIPMENT-NOT USED DIVISION 22 - PLUMBING 22 00 00- GENERAL PLUMBING PROVISIONS 22 05 00- COMMON WORK RESULTS FOR PLUMBING 22 05 23-GENERAL DUTY VALVES FOR PLUMBING PIPING 22 05 29- HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT 22 07 00- PLUMBING INSULATION 22 11 16-WATER DISTRIBUTION PIPING 22 11 19- PLUMBING SPECIALTIES 22 13 16- DRAINAGE AND VENT PIPING 22 14 16- NATURAL GAS PIPING 22 40 00- PLUMBING FIXTURES DIVISION 23 - HEATING,VENTILATING, AND AIR-CONDITIONING (HVAC) 23 00 00- GENERAL HVAC PROVISIONS 23 05 00- COMMON WORK RESULTS FOR HVAC 23 05 29- HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT 23 05 48-VIBRATION CONTROLS FOR HVAC PIPING AND EQUIPMENT 23 05 93-TESTING ADJUSTING AND BALANCING 23 07 00- HVAC INSULATION 23 09 00- CONTROL SYSTEM EQUIPMENT 23 09 93- SEQUENCE OF OPERATION 00 01 01 -TABLE OF CONTENTS Page 3 of 5 Jeff Maxwell Branch Library McMillan Pazdan Smith Architecture Augusta, Georgia 03.16.2018 MPS Project 17283 23 23 00- REFRIGERANT PIPING AND CONDENSATE DRAINS 23 31 13- METAL DUCTWORK 23 33 00- DUCT ACCESSORIES 23 34 23- POWER AND GRAVITY VENTILATORS 23 37 13- DIFFUSERS, REGISTERS, GRILLES AND LOUVERS 23 40 00- BIPOLAR IONIZATION AIR PURIFICATION SYSTEMS 23 53 15- FURNACES 23 62 00- CONDENSING UNITS 23 81 21 - SPLIT SYSTEM OUTSIDE AIR UNITS 23 82 16-AIR COILS DIVISION 26 - ELECTRICAL 26 00 00- COMMON WORK RESULTS FOR ELECTRICAL 26 05 19- LOW VOLTAGE CONDUCTORS AND CABLES 26 05 26- GROUNDING AND BONDING 26 05 29- HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 26 05 33- RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 26 05 44- SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING 26 05 53- ELECTRICAL IDENTIFICATION 26 09 23- LIGHTING CONTROL DEVICES 26 24 16- PANELBOARDS 26 27 26-WIRING DEVICES 26 28 13- FUSES 26 28 16- ENCLOSED SWITCHES AND CIRCUIT BREAKERS 26 43 13- SURGE PROTECTION FOR LOW-VOLTAGE ELECTRICAL POWER CIRCUITS 26 51 19- LED INTERIOR LIGHTING 26 52 19- EMERGENCY AND EXIT LIGHTING DIVISION 27 -COMMUNICATIONS— NOT USED DIVISION 28 - ELECTRONIC SAFETY AND SECURITY 28 05 13 - CONDUCTORS AND CABLES FOR ELECTRONIC SAFETY AND SECURITY 28 31 11 - DIGITAL, ADDRESSABLE FIRE-ALARM SYSTEM DIVISION 31 - EARTHWORK—NOT USED DIVISION 32 - EXTERIOR IMPROVEMENTS 32 31 13- CHAIN LINK FENCES AND GATE 32 40 00- CONCRETE CONSTRUCTION - CIVIL DIVISION 33 - UTILITES—NOT USED 00 01 01 -TABLE OF CONTENTS Page 4 of 5 McMillan Pazdan Smith Architecture Jeff Maxwell Branch Library 03.16.2018 Augusta, Georgia MPS Project 17283 APPENDIX 1. Architectural • Appliances • Projection Screen • Restroom Accessories • Ceiling Tiles • Fire Extinguisher& Cabinet • Projection Screen 2. Plumbing Cut Sheets 3. Lighting Cut Sheets END OF SECTION 00 01 01 -TABLE OF CONTENTS Page 5 of 5 McMillan Pazdan Smith Architecture Jeff Maxwell Branch Library 03.162018 Augusta,Georgia MPS Project 17283 SECTION 00 41 00 BID FORM 1.01 TO THE OWNER A. Augusta-Richmond County Public Library System B. 535 Telfair Street C. Augusta, GA 30901 1.02 FOR THE PROJECT A. Jeff Maxwell Branch Library 13, 1927 Lumpkin Road Project Location Address 2 C. Augusta, Georgia 1.03 DATE OF BID Date mar 31, 2018 1.04 SUBMITTED BY Bidder's Full Name John B Lavender 488---Qciat‘e* Inc. Address PO Box 1654 (300 Pulaski ) City, State, Zip Statesboro, GA 30459 (30458) 1.05 BASE BID A. Having examined the site and all matters referred to in the Instructions to Bidders and the the proposed Contract Documents prepared by McMillan Pazdan Smith Architecture for the above mentioned project,we,the undersigned, hereby offer to enter into a Contract to perform the Work for the lump sum of; kt.„. jre -5eve41 1111,014-i44%) tatitA ctit ($ 7 Cg 01,/ dollars) in lawful money of the United States of America. B. All applicable taxes are included in the Base Bid;these include federal, state and local taxes. 1.96 BIDDER'S REPRESENTATIONS A In submitting this Bid,the Bidder represents that: 1. The Owner reserves the right to reject any or ail Bids as indicated in A701 Instructions to Bidders. 2. This Bid may not be withdrawn for a period of thirty calendar days from the date of bid opening. Addendum 1 Bid Item#18-209 00 41 00-BID FORM Page 1 of 2 . Jeff Maxwell Branch library McMillan Pazdan Smrth Architecture Augusta,Georgia 03.18.2018 MPS Project 17283 Revised in Addendum 01 1.07 CONTRACT TIME A. If this Bid is accepted,we will: B. Complete the Work in -r ,4 s calendar weeks from Notice to Proceed. (Bidder to enter numer of weeks.) 1.08 ADDENDA A. The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all costs are included in the Base Bid. Addendum No. 01 Add #1 Dated: 5/21/18 Addendum No. 02 Dated: Addendum No. 03 Dated milestones: 1.10 BID AUTHORIZATION A. This Bid Is Submitted By: John 5. Lavender & Aeeociat®s, Inc. Handwritten Name of Bidd (Print Full Name of Firm) (Handwritten Signature of uthorized Signing Officer of Bidder) John 8. Lavender, President ., P yped or Printed Name and Title of Authorized Signing Officer of Bidder) 1 * 4 .4r, .A4AKath B.-..Y,vin, Secreta i. . =ss of S* 4 store(Provide Handwritten Signature and Title) END OF SECTION Addendum 1 Bid Item#18209 00 4100--BID FORM Page 2of2 Jeff Maxwell Branch Library McMillan Pazdan Smith Architecture Augusta,Georgia 03.16.2016 MPS Project 17283 SECTION 00 43 22 ITB Bid#18-209 UNIT PRICES FORM PARTICULARS 1.01 THE FOLLOWING IS THE LIST OF UNIT PRICES REFERENCED IN THE BID SUBMITTED BY: 1.02 (BIDDER) John E. Lavender & Associates, Inc. 1.03 TO(OWNER): Auqusta-Richmond County Public Library System 1.04 DATED 5/31/18 AND WHICH IS AN INTEGRAL PART OF THE BID FORM. 1.05 THE FOLLOWING ARE UNIT PRICES FOR SPECIFIC PORTIONS OF THE WORK AS LISTED, AND ARE APPLICABLE TO AUTHORIZED VARIATIONS FROM THE CONTRACT DOCUMENTS. UNIT PRICE LIST 2.01 ITEM DESCRIPTION UNIT QUANTITY UNIT VALUE 2.02 ROOF SHEATHING Stiottkir TBD END OF DOCUMENT 00 43 22-UNIT PRICES FORM Page 1 of 1 Jeff Maxwell Branch Library McMillan Pazdan Smith Architecture Augusta,Georgia 03.16.2018 MPS Project 17283 SECTION 0043 23 11818-209-ALTERNATES FORM PARTICULARS 1.01 THE FOLLOWING IS THE LIST OF ALTERNATES REFERENCED IN THE BID SUBMITTED BY: 1.02 (BIDDER) John E. Lavender s Associates, Inc. 1.03 TO(OWNER): AUGUSTA COMMISSION 1.04 DATED 5/31/18 AND WHICH IS AN INTEGRAL PART OF THE BID FORM. ALTERNATES UST 2.01 THE FOLLOWING AMOUNTS SHALL BE ADDED TO OR DEDUCTED FROM THE BID AMOUNT. REFER TO SECTION 01 23 00-ALTERNATES. ALTERNATE#1 ADD (DEDUCT)$ i 0 OD ALTERNATE# .*D '(DEDUCT)$ I "7 • ALTERNATE#3 - • EDUCT)$ 0 ALTERNATE#4 AD DEDUCT)$ 215 0 0 ALTERNATE#5: • 1 ® '*EDU $ 1000 ALTERNATE#8: ADD .t DEDUC $ END OF DOCUMENT 0043 23-ALTERNATES FORM Page 1 of 1 1 • • yy f e 1 0 r lt4.p'1.#•'A NOTICE-TO •ItELNETsIDORS. (PLEASE READ CAREFULLY) ADHERE TO THE BELOW INSTRUCTIONS AND 3O NOT SUBSTITUTE FORMS Pi, AD Et�BE RE C i<t FUL�.Y. Attachtrtent B I s cQaeolldated dtrb0?nt oorltflt:ting of 1 ;Busi ass License Number Requirement(must be proyldeld) :.. -- : :- _ • • 2 AdctfolMadgert�t3ritof Addenda must be ackt lli10 d,if any} 3r S#sternbftt t if i`ton�ll?fiycrlfltiR>lr ori �{..Non-Cofljsioip;Aftidavit of Prime Proponertt/OFFeror- _ 6.., . •:fOct ofiMerest $ cgr olr Affid rit a nd Agreement tE V rxy Uee umber tt�ust be prof d a . '�t nest t4.0,;;.Exce a , `R,q• �, m . loropoonet tmus't�beJ1c. nsed�`G o*f itej for • err" y'do rat tilt' their t siess Voyr a 9 an s.• , tt. se ntru to ba •ptovlded on Page 1 of. A chtnent'B� if our'pvernm ntsl et tl dr • t.)does ita r thre a usiness licenses�rour company. will be.required to obtain a Richmond County bpsIne s licansg coif viritrded a' tlractr i~oT forth 1r11orfiinioti, - ntact the`lacenee, std inspection DBperiment t 7t8 31 -6o ,r • • • + 1dg1 l a �0.41d, " You 4 lege Alden See Paget ment b • x ��111 day df ah E V :+I Fr ent�ification Nllli r lrompany Iib) recomme fed w•arded vendor will i uireci to i v � y 7'iomeiandSeclrrity�s` femorandum of Under nding(MOUI Aff1d1440.1.41ng Sta)ua'fPrAugusta*enefit Application A.V P c With •YotiltSubmlttal) us u` Return OnbeL Applicable: 1. The Exception Sheet(if applicable) 2. Local Vendor Registration(if applicable) The successful proponent will submit the following forms to the Procurement Department no later than five(5)days after receiving the"Letter of Recommendation" (Vendor's letter will denote the date forms are to be received 1. Georgia Security and immigration Subcontractor Affidavit 2. Non-Collusion Affidavit of Sub-Contractor WARNING: Please review',gotta*to Proponent"regarding Augusta Georgia's Local Small Business Opportunity Program Proponent Requirements. Vendors are cautioned that acquisition of bid documents through any source other than the office of the Procurement Department Is not advisable. Acquisition of bid documents from unauthorized sources places the proposer at the risk of receiving incomplete orinaccurate infomnation.upon which to base hie qualifications. Bids are publicly opened. It is your responsibility to ensure that your company has met the Specifications and Licenses'requirements prior to submitting a bid. Rev.8/6/2015= Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May31,2018 OP 3:00 p.m. Page 4 of 19 a a R (3 t A Attachment B You Must Complete and Return the 2 paces of Attachment B with Your Submittal. Document Must Be Notarized. Augusta, Georgia Augusta Procurement Department ATTN: Procurement Director 535 Telfair Street,Suite 605 Augusta,Georgia 30901 Name of Proponent:- John E._Lavender, & Associates, Inc. Street Address: PO Box 1654 (300 Pulaski Hwy) City,Stara,Zip Code: Statesboro, GA 30459 (30458) • Phone: 912-489-4677 Fax: 912-764-4226 Email: la .fficeebulloch.net Do You Have A Business License? Yes: X No: Augusta,GA Business License#for your Company(Must Provide): see Bulloch.Co. Business License Attached. And/or Your StatelLocal Business License#for your Company(Must Provide): #270 Utility Contractors License#(Must Provide If agpllcable): MUST BE LISTED ON FRONT OF ENVELOPE General Contractor License#(Must Provide if aopiicabie): GCC0000971 (Attached) Additional Specialty License#(Must Provide If applicable): �. OTE: Company must be licensed in the Governmental entity for where they do the majority of their business. if your Governmental entity (State or Local)does not require a business license,please state above(Procurement will verify),your company MI be required to obtain a Richmond.County business license if awarded a BID. For further Information regarding Augusta.GA license requirements,please contact i+ the License and Inspection Department 0 70E1312-5050. ,(Jett the State,pity B County that issued your license` _ . 1 Acknowledgement of Addenda:(#1)x :(#2)_c(#3) :t }_:t � (#6)_:(#7)_:(#8) NOTE: CHECK APPROPRIATE SONES)-AI)DIDDmONALl i binlits AS AppUCABL Statement of Non-Diasrlminatton The undersigned understands that it is the policy of Augusta,Georgia to promote full and equal business opportunity for all persons doing buusiness with Augusta,Georgia. The undersigned covenants that we have not discriminated,on the basis of race,religion,gender,national origin or ethnicity, with regard to prime contracting,subcontracting or partnering opportunities. The undersigned covenants and"egress to make good faith eforts to ensure maximum practicable participation of local seal businesses on the proposal or contract awarded by Augusta,Georgia. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local email business subcontractorlsupplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses,in. conformity with Augusta, Georgia's Local Smell Business Opportunity Program. Set forth below Is the signature of an officer of The proposerlcontracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands end agrees to take affirmative:action to provide such companies with the maximum practicable opportunities to do business with this Company: That this promise of non•discrlminaton as made and set forth herein shall be continuing In nature and shah remain in full force and effect without interruption: That the promises of non-disccrtminatlon as made and set forth herein shell be and are hereby deemed to be made as part of and incorporated by reference leo any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily dacharge any of the promises of nondiscrimination as made and set forth'herein shall constitute a material breach of contract entitling Augusta.Georgia to declare the contract in default end to exercise any and ail applicable rights remedies including but not limited to cancellation of the contract,termination of the contract, suspension and debarment from future contracting opportunities,and withholding and or forfeiture of compensation due and owing on a contract. Non-Collusion of Prime Proponent t` By submission of a proposal.the vendor certifies,under penalty of perjury.that to the beat of Its knowledge and belief: (a)The prices M the proposal have been arrived at Independently without collusion,consultation,communications,or agreement,for the purpose of restricting competition,as to any matter relating to such prices with any other vendor or with any competitor. (b)Unless otherwise required by law,the prices whicth have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening,directly or indirectly,to any other vendor or to any competitor. (c)No attempt hes been made,or WI be made,by the vendor to induce any other person,partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud In proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018 @ 3:00 p.m. Page 6 of 18 , Conflict cf Nrterest By submission of a proposal,the responding firm certifies,under penalty of perjury,that to the best of its knowledge and belief: 1.No circumstances exist whict►cause a Conflict of interest in performing the services required by this BID,and 2.That no employee of the County,nor any member thereof,not any public agency or official affected by this BlD.has arty pecuniary interest in the business of the responding firm or his sub-consultant(s) has any interest that would conflict in any manner or degree with the performance related to this BID. By submission of a proposal,the vendor certifies under penalty of perjury,that to the best of its knowledge and belief: (a)The prices in the proposal have been arrived at independently without collusion,consultation,communications,or agreement,for the purpose of restricting competition,as to any matter relating to such prices with any other vendor or with any competitor. (b)Unless otherwise required by mw,the prices which have been quoted in the proposal have not knowingly been disclosed by the vendor prior to opening,directly or Indirectly,to any other vendor or competitor. c)No attempt has been made,or will be made,by the vendor to induce any other person,partnership or cooperation to submit or not to submit a proposal tor the purpose of restricting competition. For any breach or violation of this proviaton,the County shall have the rightto terminate any related contract or agreement without liability and at its discretion to deduct from the price,or otherwise recover, the full amount of such fee,commission,percentage,gift,payment or consideration. Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. § 13.10-91, staling affirmatively that the Individual,firm,or corporation which is contracting with Augusta,Georgia Board of Commissioners has registered with and is participating in i a federal work authorization program* [any of the electronic verification of work'authorization programs operated by the United'States l Department'of Homeland Security or any equivalent federal work authorization program operated by United States Department of c Homeland Security to verify Information of newly hired employees,pursuant to the immigration Reform and Cartrol Act of 1988(1RCA),P.L. I 99-603j,in accordance dance with the applicability provisions Mrd deadlines established in 0.C.G.A§13-10-91. The undersigned further agrees r that,should it employ or contract with any subcontractor(s)in connection with the physical performance of services pursuant to this contract with Augusta, Georgia Board of Commissioners,contractor will secure frau such subcantractor(s)similar verification of compliance'with 0.C.G.A§13-10-91 on the Subcontractor Afdavit provided in Rule 300-10.01-.08 or a substantially similar form.Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta,Georgia Board of Commissioners at the I time the subcontractor(s)is retained to perform such service. Georgia Law requires your company to have an E-Verify user Identif cation Number(Company I.D.)on or after July 1,2009. I For additional intonation or to enroll your company,visit the Stant of Georgia webalte: hit, :// ve ` . ;.; ,.;t,/e A. and/or htto:llwww,doi.state.ga.uslcdf/ruies//OQ 10 1.ndf **E Verify*User identification Number(Company LD.) 157561 uaaE: E-VERIFY USER IDENTIFICATION NUMBER(COMPANY I.D.)MUST BE PROVIDED:IN ADDITION,THE RECOMMENDED AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A'COPY OF HO SElAND SECURITY'S MEMORANDUM OF UNDERSTANDING(NOu) The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the a. a•usta, Georgia Board of Commissions specifications which govern this process. In addition e undersigned agrees to submit all required forms for any subcontractor(s) as requested a r: or required. I further understand that my submittal will be deemed non-compliant if any .t:rt of this process is violated. John E. Lavender S Aeaoci =i, Inc. Company Name feir BY: Authorized Office ilr Agent (Contractor SignatuN ) President Title of Authorized Off" er or Agent of Contractor John B. Lavender Printed Name of Authorized Officer or Agent U:,-- RIBED A SWORN BEFORE ME ON THIS THE 31 DAY OF_ gay a,,,tntnlllr as ,� Aar i' , 1-4, 4 44 My Commiss+ Expires:• '7/a2/2o a�� ,cTA �,. rm p G Yo • ,.e n. A �,- 2 .a s.�: a A achrne t B with our •a1 al. +_ecu s., •_, , q Rr11.2/27/2015 `mss,,*e` ..;2., .,,* Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018 @r 3:00 p.m. Page 6 of 19 t r • 'S i' 14 .3 4,!! t »"",-01,:,:d ` ''i ur 11 Net M': ias . ri.', x`,; 'r'. — :i , •, ',, 'pi' .. (91.J; it.; " ''')/...4- • s. , • �'' � ui r2 rry* I ". 444tott, • v. 44.14.44 41414.41+,4441t VOW :_ :fig t I a' • • µ.•Issued f€ ae. July 1 , 21 ;.. ,, ,ta; •, • xi. • 30t. ,,i s.s. 7•7 , ., r � r♦ A•�.« r r► 8�.. "«'y<.1 1 ! my Board of Com s 1 1 4= , q •,t. .14 • " al T � i R Bullock. '•.w " , iw M'♦, • • ,.. 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" 7�"'",-• ,i ,,, ' 'w"A „t�qn',,,'`:' `C", R `t"*3•,.�,r„, t" y,e.:.,,,."",'- y •. kitt, 9r ' .,v.vn. � �,,��.,.�", .",--'#.",' �' •��',", �d`,s�-;'z.S"�J�ase '��' �.;.>.,. .!'a+��; "„'•'' �?"y .,, , P STATE OF GEORGIA `t Brian P.Kemp,Secretary of State " :1111 z Board for Residential and General Contractors ,;, General Contractor Qualifying Agent License No.GCQA000509 Status:Active John E.Lavender 300 Pulaski Hwy PO Box 1654 Statesboro GA 30459 Company Name:John E Lavender&Associates,Inc. i' Issued:4/25/2008 Company License:GCC0000971 Expires:6/30/2020 1111'111111111111' Real-time license verification is available at sos.georgia.gov/PLB Above is your license issued by the Georgia State Board of Residential and General Contractors. A pocket-sized license card is below. Please make note of the expiration date on your license. It is your responsibility to renew your license before it expires. License renewals may be completed prior to the expiration date via the Board's website or by obtaining a paper renewal from the Board office. Reminder: It is your responsibility to keep your insurance current. Please provide the Board with a copy of your Certificate of Insurance each time your insurance is renewed. The Board does receive copies of cancellation notices which will affect the status of your license. It is the licensee's responsibility to notify the board office immediately of any change of name or address.You may update your address online at the board's website at www.sos.ga.gov/p1b/contractors/. You may contact the Board at: GEORGIA STATE BOARD FOR RESIDENTIAL&GENERAL CONTRACTORS 237 COLISEUM DRIVE,MACON,GEORGIA 31217-3858 478-207-2440(phone) website: www.sos.ga.gov/plb/contractors/ STATE OF GEORGIA ` Brien P.Kemp,Secretary of State kti Board for Residential and General Contractors General Contractor Qualifying Agent License No.GCQA000509-Active John Lavender 300 Pulaski Hwy PO Boz 1654 Statesboro GA 30459 Compury Nam.3,hn E Lai/oder&Assuages,Inc, Issued:4/25/2008 Company LON=:OCC0000971 Expires 6+30!2020 Real-time!lanae vanficgian a amiable et sos gwr8ie.8ov1PLa o 4 f t } S J Vo. ust Com., a and Retir wi h Your Submittal. Docu - Must• Notarize Systematic Allen Verification for Entitlements(SAVE) Program Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Certificate, Alcohol License,Taxi Permit, Contract or other public benefit as reference in O.C.G.A.Section 50-36-1, I am stating the following with respect to my bid for an Augusta,Georgia contract for #18-209 - Maxwell Branch Libra Renovations and Additions D18 Project Number and Proles!Name) John•33. Lavender IPrlmtftypo:Name of notant person applying on behalf of lndhridual,business,corporation,partnership„or other private emityl John B. Lavender &•Aesociatee, Inc. (Print/type:Name of business,corporation,partnership,or other private entity) 1.) x I am a citizen of the United States. OR 1 2.) I am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien(8§ USC 1641)or nonimmigrant under the°, deral Immigration and Nationality Act(8 USC 1101 et seq.)18 years of age or older and lawfully present i, he United States.* In making the above representation under oath, I understand that any perse;. #`ho knowingly and willfully makes-a false,fictitious,or fraudulent statement or representation in an a , shall be guilty of a violation of Code Section 16-10-20 of the Official Code ofGeorgia: Signature of Applicant i Printed Name *Alien Registration Number for Non-Citizens SUBS IBED AND SWORN BEFORE ME ON THIS THE 33. DAY OF Nay.\,0%11111111/4918 ,.s.... 4 „ Nota Publi . ;'r4 .. NOTAR)- v S w 41"40 e: = My Commission Expires: ....7/22120 T % 2- 0,,,N Note: THIS FORM MUST BE COMPLETED AND RETURNED W1TI-t % REv,2/17/2016 r#rdFirittl tiLI Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018@ 3:00 p.m. Page 7 rile Local Small Business Opportunity Program Ordinance participation of local small businesses;and(c)agreement Reoulrentents not to'engage in discriminatory conduct of any type. Settee To AS Bidders(PLEASE READ CAREFULLY) (ti) Proposed Local Small Business Shall apply to ALL Bids regardless of the dollar amount Subcontractor/Supplier iJtllizatof Plan. In accordance with Chapter 108 of the AUGUSTA, GA. (III)Documentation of Good Faith Efforts to use Coos, Contractors agree b collect and maintain all records total amen businesses. necessary to for Augusta, Failure to submit the above documentation shall gu Georgia to evaluate the effecflveness of Its Local Small Business Opportunity Program and to make such dPostt to the bid t Abeiug declaredRui non-responsive.eThe pun records available to Augusta, Georgia upon request The (d) Contract Award ish requirements rte. purpose of requirements of the Local Small Business Opportunity Program can this sub-section is to establish requirements for contractor be found at www.auaustaoa.cov. In accordance with AUGUSTA,GA. complianceawith the LSBOP aftero a contractghas..been Copt:,Contractors shall report to Augusta,Georgia the total dollars ' Contract This is Incorporated alocal small lbusiness n sg goat has Georgia paid to each subcontractor, vendor, or other business on each Contracts for which a local been contract, and shall provide such payment affidavits, regarding established or n�otiated. payment to subcontractors,if any as required by Augusta,Georgia. (1) Contractors shall have an affirmative,itedlti Such utilization reports shall be In the format specified by the smbusiness sin go goal meet ord exceed the the contract local Director of Minority and Small Business Opportunities,and shall be small a,Gefor the a contractor ofto contract.The submitted`at such times as required by Augusta,Georgia. Required Augusta,Georgia may deem a of Its char to be in any time forms can be found at www.aucustaca.cov. If you need assistance of the LSGeoBOP and in determinesbits contract if at lima completing a form or flung information, please contact the LSBO Augusta,Georgia that Program office at(706)821-2406. Failure to provide such reports (a)The s goal wflt not meet the committed within the time period specified by Augusta, Georgia shall entitle local amen business goals;and Augusta,Georgia to exercise any of the remedies set forth,Including (b) the reasons for the contractors failure ate but not limited to,withholding payment from the Contractor and/or within theocontractor's local control.Furness example,if a contractor r collecting liquidated damages. does not nest the small business goal because the To print a copy of the Prime Contractor Data Collection Form' terminated a local amen business without cause visit fritts:/lwww.augustaca cov/index.as x?NID=1672 or if f contractor caused and local amen business to Website: hfto://www.atmstatie.cov/Intiertasox?rdd=83 withdraw from thesproject finding without the contractor tion, then Augusta,Georgia is justified in finding contto be SHALL APPLY TO PROJECTS 5100.000&UP In violation of the LSBOP. Local Small Business Opportunity Program(Continued) (h)Compliance. Sec.1-10.129.Local small business opportunities program The Directoreresponsible ominority andasmall businessfaith participation. opportunities shall be for evaluating good fattfi (a) Sealed Bids The followingefforts documentation subcontractor information procedures and contract submitted by bidders in conformance with,the AUGUSTA, requirements will be used to insure that local smart GA.CODE and any State and Federal Laws applicable to businesses are encouraged to participate in Augusta, any bid specifications for competitive sealed bid projects Georgia coxntracts.Including but not limited to construction prior to award of the contract contracts, requests for professional services and the (I)Competitive Bids: performance of public works contracts. The Augusta, Nothing kt this Policy is to beconstrued to require Georgia user department shall indicate goals for local Augusta,Georgia to award a bid contract to other than the small b usttess in all solicitations for contracts over $1t)0,0001nvalue: lowest responsible bidder, or to require contractors to (1) Bid conditions for contracts awarded award to subcontractors.;or to make significant material purchases from local small businesses who do not submit Augusta, Georgia will require that, where subcontracting the best overall pricing to Augusta,Georgia. goal le utilized In performing the contract, the bidder or Sec.140430.Exceptions—federally funded projects. proponent will make Good Faith Efforts to subcontract In accordance with§1-10-8 and Chapter 1011,the LSBOP with or purchase supplies from local small businesses.1t shall only be utilized with federally funded projects,solicitations or specifications will require the bidder or proponent to keep contracts as authorized by federal(and Georgia)laws,regulations records of such efforts that are adequate to permit a and conditions applicable to such projects.To the extent that there determination of compliance with this requirement. are any conflicts between any such laws, regulations or conditions (2) Each bidder shall be required to Provide and the LSBOP. the federal (and Georgia) laws,regulations and documentation of achieving goal or provide documentation conditions shag control of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small MC:. All forms should be submitted In a separate. sealed businesses and other subcontractors to whom It Intends to envelope labeled Local Small 'Business Required Forms, award subcontracts,the dollar value of the subcontracts, Company's Name S Bid Number end the scope of the work to be performed, recorded on the form(s)provided or made available as part of the bid For Questions and or additional Information please package. If there are no sub-contracting opportunities, Contkot bidder shall so indicate on the appropriate form. (6)Ail bid documents shall require bidders or Mg;Kalil Irving,. 1 proponents to submit with their bit the followingwritten Local Small Business Opportunity P documents, statements or forms, which shall Program be made , 535 Teifatr Street,Room 710,, available by the Procurement Department Augusta,Georgia 30901 (i) Non-DIscrimination Statement which shall affirm the bidder's: (a) adherence to the policies of (706)821-2406. Augusta. Georgia relating to equal opportunity in contracting;(b)agreement to undertake certain measures Website: http://www.auoustaga.cov/indexasos?nld=83 as provided In this policy to ensure maximum practicable Revised 2-11-06 Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018 to 3:00 p.m. Page 8 of 18 TABLE OF CONTENTS SECTION I: information for Bidders SECTION II: Ownership of Data SECTION III: Response Contents SECTION IV: Indemnification and insurance Bonding 18-209 Maxwell Branch library Renovations and Additions Bid Due:Thursday,May 31,2018 @ 3:00 p.m. Page 9 of 19 SECTION 1 INFORMATION FOR BiDDERS A Mandatory Pre Bid Conference will be held on Tuesday,May 15,2018#10:00 a.m.In the Procurement Department,535 Telfair Street,Room 605. Bids will be received by the Augusta Commission, (hereinafter called the "Owner"), at the office of the Procurement Director, 535 TeIfair Street,Suite 605,Augusta, GA until Thursday,May 31,2018 fa 3:00 p.m., and then,at said office,publicly opened and read aloud. Each bid must be submitted in a sealed envelope, and must be plainly marked on the outside as a bid for"Bid Remit 18-209- Maxwell Branch library Renovations and Addition" and the envelope should bear, on the outside,the name of the bidder,his address and his license number,if applicable. If the bid is forwarded by mail,or other second party delivery service,the sealed envelope containing the bid must be enclosed in another envelope addressed to: Geri A.Sams Augusta Procurement Department 535 Telfair Street-Room 605 Augusta,Georgia 30901 Contract Documents may be acquired through the Augusta Procurement Department in the manner described elsewhere in this ITB. The Contract Documents describe the scope of work and requirements for the project.Ali firms responding are cautioned to read this information carefully for understanding and request clarification from Augusta on any questions pertaining to this request. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@aueustaea.gov to the office of the Procurement Department by Thursday,May 17,2018 dmf 5:00 P.M. Questions discussed with any other officer, agent or employee of Augusta will not be considered binding in consideration of this proposal and shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Bid documents may be examined at the office of the Augusta,GA Procurement Department,535 Telfair Street— Room 605;Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable Is$175.00. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Ail bids,must be made on the required Bid Form included in the contract documents.All blank spaces for bid prices must be filled in, in ink or typewritten, and the form must be fully completed and executed when submitted. Failure to provide all of the requested Information may cause the bid to be rejected as non- responsive. An official authorized to bind the firm to the terms and provisions of the bid must sign the bid form. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period,the time may be extended by mutual agreement between the Owner and the bidder. Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018 ex 3:00 p.m. Page10of1a Bidders must satisfy themselves of the existing conditions by examination of the site and a review of any drawings and specifications, including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. Attorneys-in-fact who sign any bid bonds, payment bonds or performance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract Is awarded will be issued a Notice of Award accompanied by the necessary Agreement and Bond forms.The party shall be required to execute the Agreement and obtain the Performance Bond and Payment Bond within fifteen (15)calendar days from the date when the Notice of Award is issued to the successful bidder. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder falls to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will not be accepted. Award will be made as a whole to one bidder. The Owner reserves the right to consider proposals or modification thereof received at any time before the award Is made,if such action is in the interest of the Owner All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents.The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The Owner will not be liable for any costs incurred by any firm prior to the signing of a contract. The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018 Ba 3:00 p.m. Pave 11 of 19; SECTION II OWNERSHIP OF DATA: The ownership of all data, drawings, charts,etc,which are prepared or produced under this contract shall be that of Augusta. SECTION III RESPONSE CONTENTS Ail responses must be submitted on the enclosed Bid Form in the manner set forth in Section I—Information for Bidders The Owner reserves the right to reject any and all responses and to waive any informalities as deemed to be in the best interest of the Owner and reserves the right to request additional information from a respondent(s)as deemed necessary to analyze responses. SECTION IV INDEMNIFICATION AND INSURANCE INDEMNIFICATION AND INSURANCE:The offerer shall carry general liability insurance coverage in the amount of One Million Dollars ($1,000,000). This policy shall cover the firm and all of Its employees and agents, and shall Indemnify and hold harmless Augusta and their representatives and employees,from any claim,demands, actions, and cause for actions arising from any act or non-act or the commission or omission of any act while under the terms of the contract. PAINT OF CONTACT: All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontrract au ust 0Apy to the office of the Procurement Department by Thursday,May 17,2018 el 5:00 P.M. No bid will be accepted by fax,all must be received by mail or hand delivered. Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018 @ 3:00 p.m. Page 12of19 , S • Local Small Business Goal. The Local Small Business Opportunity Program provides for Local Small Business goals to be set on all applicable Augusta, Georgia procurements over$100,000 in value.' The Local Small Business goal for this procurement is: 10 04 All bidders or proposers shall submit the following with their bid or proposal as required by Augusta, GA.Code § 1-10-129:2 1. Non-Discrimination Statement: As required by the Procurement document 3' 2. Proposed Local Small Business Subcontractor/Supplier Utilization Plan. 3. Documentation of Good Faith Efforts to use local small businesses. 4. Local Small Business Utilization document. Failure to submit theabove documentation shall result in the bid or proposal being declared non-responsive. 1 Even when a solicitation does not contain a Local Small Business goal (or the goal is set at zero), each Bidder must negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord. Self-performance does not exempt Bidders from Local Small Business Opportanity Program requirements unless the self-performer is a qualified and registered Local Small Business. All of the requirements of the Local Small Business Opportunity Program can be found in Augusta,GA Code,Chapter 10B. 2 Applicable forms are available on Augusta Georgia's Disadvantaged Business Enterprise website:www.augustaga.gov. 3 Only one Non-Discrimination statement is required"See Attachment B". Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018 to 3:00 p.m. Page 13 of 15 Local Small Business OpportunityProgram Requirements Augusta, Georgia has adopted a race and gender neutral Local Small Business Opportunity Program (LSBOP). See Augusta, GA Code, Chapter 10B. Bidders are encouraged to carefully review the all of the requirements of the LSBOP which can be found on Augusta, Georgia's Disadvantaged Business Enterprise Department website (www.auaustaga.Qov). All of the requirements of the LSBOP become covenants of performance upon award of this procurement. The LSBOP provides for Local Small Business (LSB) goals to be set onail applicable procurements over$100,000 in value and even when a solicitation does not contain a LSB goal, each Bidder must negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord. Self-performance does not exempt Bidders from the LSBOP requirements unless the self-performer is a qualified and registered LSB. (See Augusta,GA Code§ 1-10-129). i. The pre-shard requirements of theLSBQP are material conditions of this procurement. A Bid shall be rejected if it Is determined that a Bid fails to meet the required LSBOP requirements,including but not limited to, failing to provide the Required Pre-Award Bid Submittal documents, failing to provide commitments to achieve the applicable Project Specific LSB Goals(or the Bidder's documented Good Faith Efforts to do so). A Contractor's failure to carry out in good faith its Project Specific Goal commitments in the course of the Contract's performance shall constitute a material breach of the Contract and a violation of the AUGUSTA, GA CODE. If the breach is not cured within a reasonable amount of time, it may result In the termination of the Contract or such other remedies afforded by Federal,State or Local law. II. Good Faith Efforts. Pursuant to AUGUSTA,GA CODE SEc.1-10-125(4)Good Faith Efforts shall be used by a bidder to seek Local Small Businesses to participate as a subcontractor or supplier. Such good faith efforts Include, but are not necessarily limited to,the following actions: (a) Including qualified Local Small Businesses in the prime contractor's solicitations for subcontractors and suppliers. (b) Assuring that local small businesses are solicited whenever such business enterprises can perform a commercially useful function. (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of Local Small Businesses. (d) Establishing delivery schedules, where the requirements of the prime contract permit,which encourage participation of Local Small Businesses. (e) Using the servicces and the assistance of the Director of minority and small business opportunities in the identification of qualified local small businesses and negotiating subcontracts and supply contracts with such enterprises. (f) Regyiring each first tier subcontractor to take the affirmative steps outlined within the AUGUSTA,GA CODE with respect to the identification and usage of second or third tier sub-contractors. (g) Placing notices of opportunities for qualified Local Small Businesses to perform subcontracting work on the eligible project in newspapers,trade journals, and other relevant publications, including publications specifically targeted to local small businesses, or communicating such notices of opportunities via the Internet or by other available media or means. (h) Designating portions of the work for Local Small Business subcontracting in trades with available Local Small Business subcontractors. (I) Providing a minimum of five(5)day notice to Local Small Businesses when requesting bids,or proposals for furnishing material or services as a subcontractor or supplier.,. Bid 18-209 Maxwell Branch Ubrary Renovations and Additions Bid Due:Thursday,May 31,2018 3:00 p.m. Page 14 of 19 i • • Ili. Required Pre-Award Bid Submittals Pursuant to AUGUSTA,GA CODE SEC. 1-10-129 the following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta,Georgia contracts: (a) Each bidder shall be required to provide documentation of achieving the LSB goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers,the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed. If there are no sub-contracting opportunities, bidder shall so indicate on the appropriate form. Forms may be found on the official website of Augusta,Georgia. (b) Each bidder shall submit with their bid the following written documents, statements or forms,which are available at the Disadvantaged Business Enterprise Department and on the Disadvantaged Business Enterprise Department website: (1) Non-Discrimination Statement which shall affirm the bidder's: (i)adherence to the policies of Augusta. Georgia relating to equal opportunity in contracting; (ii) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (ill) agreement not to engage in discriminatory conduct of any type. (2) Documentation of Good Faith Efforts to use local small businesses. (3) Proposed Local Small Business Subcontractor/Supplier Utilization Plan. (4) Executed Letters)of Intent with entities'identified in LSB Utilization Plan. Failure to submit the following documents in accordance with these requirements will cause the Bid or proposal to be declared non-responsive. Augusta, Georgia reserves the right to request supplemental information regarding a Bidder's submissions and the Bidder shall furnish such information in a timely manner. Failure to furnish information or otherwise cooperate may result in the rejection of the Bid. IV. LSB Utilization Plan. The Bidder must submit with its Bid a completed LSB Utilization Plan.The LSB Utilization Plan shall list the Subcontractor or Supplier's name(s), business address(s), telephone number(s), e-mails) and the name of the principal contact person(s)of each Subcontractor(s)or Supplier(s)intended to be used In the performance of the Contract,including firms proposed as to meet the Project Specific Goals. Where the solicitation requires the Bidder to submit a base bid and one or more alternates, the LSB Utilization Plan must demonstrate the Bidder's achievement of the Project Specific Goal(s)or its Good Faith Efforts to achieve the Project Specific Goal(s)on the base bid. V. Letterls)of.Intent. The Bidder shall submit with its bid completed Letter(s) of Intent (LOI) utilizing the Letter of intent format provided by the Disadvantaged Business Enterprise Department documents. The LOI must be executed by an authorized representative of the local vendor identified on the Utilization Plan and by the authorized representative of the Bidder. The LOI must accurately and completely detail the work to be performed and/or the materials to be supplied, and the agreed rates and/or prices to be paid. All Utilization Plan commitments must conform to those included in the submitted LOIS.The LOI will become a binding contract covenant upon the Bidder's receipt of a signed contract from Augusta,Georgia. Bid 18-209 Maxwell Branch library Renovations and Additions Bid Due:Thursday,May 31,2018 o 3:00 p.m. Page 15 of I19 - R L V VI. Post Award ReQuirements. (a) Prime Contractor Data Collection Form All prime contractors are required to complete and submit the Prime Contractor Data Collection Font; upon award. This form must be completed in Its entirety and submitted within the designated time established by the Compliance Department—Disadvantaged Business Enterprise Division. (b) First-Tier Subcontractor,Sub-consultant,Supplier information Form , All prime contractors are required to complete and submit the First-Tler Subcontractor, Sub-consultant, Supplier information Form upon award. This form must be completed in its entirety and submitted within the designated time established by the Compliance Department — Disadvantaged Business Enterprise Division. (c) Monthly Utilization Reports To evaluate the effectiveness of the LSBOP,Augusta, Georgia monitors the participation of Subcontractors and Suppliers on Augusta Georgia contracts. Each Contractor must submit a Monthly Utilization Report of Subcontract Payments by the 15th of each month. The Monthly Utilization Report must reflect,from project start to date,the Contractor's receipt of payments from Augusta Georgia and the utilization of and payments to all Subcontractors or Suppliers identified in the Utilization Plan. Failure to submit the Monthly Utilization Reports will be considered a contract breach. (d) Substitutions,Additions or Deletions of LSB Subcontractors or Suppliers. In accordance with the requirements of the LSBOP, the Contractor shall provide the User Department, the Director of minority and small business opportunities and the Procurement Director written notice prior to replacing or terminating a LSB on a contract and must comply with the Good Faith Efforts requirement to replace.the departing local =small business with another local small business. Likewise, when new opportunities for subcontracting arise on a contract and Augusta, Georgia sets a supplemental local small business goal, the contractors shall comply with the Good Faith Efforts set in an effort to meet the supplemental local small business goal. Submit all Forms and Utilization Reports to: Augusta,Georgia Compliance Department Disadvantaged Business Enterprise Division 535 Tellair Street Room 710 Augusta,Georgia 30901 (706)821-2406 (e) Monitoring Procedures Procedures for monitoring contract compliance may include, but are not limited to, site visits or telephone audits; consideration of requests for substitutions, additions,deletions, or change orders; and review and verification of payments to Subcontractors or Suppliers as documented by,the Monthly Utilization Status Reports of Subcontractor/Suppliers Payments. BId 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018 es 3:00 p.m. Page 16 of 19 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford,Connecticut 06183 Bond No. To Be Determined KNOW ALL MEN BY THESE PRESENTS, That we,John E.Lavender Sc Associates,Inc.as Principal,hereinafter called the Principal,and TRAVELERS CASUALTY AND SURELY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation duly organized under the laws of the State of Connecticut,as Surety,hereinafter called the Surety,are held and firmly bound unto AUGUSTA,GA COMMISSION as Obligee,hereinafter called the Obligee,in the sum of TEN PERCENT OF THE AMOUNT OF BID Dollars($ 10%of bid),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for PROJECT# 18-209:MAXWELL BRANCH LIBRARY RENOVATIONS AND ADDITIONS—FOR AUGUSTA, GEORGIA—CENTRAL SERICES DEPARTMENT—FACILITIES MAINTENANCE NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the arno 4 specified in said bid and such larger amount for which the Obligee may in good faith contract with ano r party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to 4 in full force and effect. Sign arid sealed this 31st day of May,2018. or al 1 fin It 4 (Witness) John E.Lavender ir (Principal)(Seal) President (Title) ill TRAVELER: fr4ril I IC- . 'ANY or AMERICA I twar 10 .Ate (Witness) By . ...se Ai... — — Bryan R. . ke ( ey-in-Fact) Printed in cooperation with the America Institute of Architects(AIA)by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA.Document A310,February 1970 edition. S-1869-G(07-97) . .„,„,„„,„,..,,,,,„„„,,,„ ..,,-,,„,,„„-..„„,,„,„„.,,...„.„„.„..„,.,-.„,—„,„,m ........,,,„:;v,,,,,,,vE,m,,,-R c-,:F-4,0,.. ,,,-ATT0,...--RNEy ,.,—,ft,..-- ,. ...,-„,... „,„„_„„„‘„*.„„,„„_ WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER P TRAVELERS ; . . Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company . - Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America , St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company SL Paul Guardian Insurance Company Attorney-In Fact No. 229645 Certificate No. 007201726 /KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States 4 Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the , laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint ti Bryan R.Burke,Brad L.Powell,James R.Grindler,and Heidi D.Coble = of the City of StareSbOro State of, ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and . other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of -t contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. k , IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 24th daYof April _ 2017 _._ , • --- a a --- -_ __,_, I la Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company , Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company ctopeo ,.... %Ili .., ''' -,,,,. vlri q os lirok, /woo, oxY4*0 onseek, • ..sv...- ..1004,'... 'N - '-, z' . ?ortle", 4).,-;;;;•••;,. it.------,4%. , ilk k,..4 qk 4o---- .. ....qv . "e,* at T.acurcain:I • ,,,,,„, _s 'ars 4.41,/i,„ 4,(00...,,‘,I. :, , t., I 1 ' 0 1,12 , It Z 4t. .."L_.4`b Vatt, i? ' 1951 ji• ' 4-crl;',%:' . !g.siaiiLlip ; s33,A.iji I .-itiit- e t ,. ... , .. . State of Connecticut BY: City of Hartford ss. . Robert L.Raney,Senior Vice President On this the 24th___._ _day of April , 2017 ,before me personally appeared Robert L.Raney,who acknowledged himself to . be the Senior Vice President of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul a Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing . instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ( i+C"Ter In Witness Whereof,I hereunto set my hand and official seal. * ' 04,11406 C ...44111111.41.9.0+ 4 , * ' My Commission expires the 30th day of June,2021. * item° It Marie C.Terreault,Notary Public .441. . . 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER r • LOCAL SMALL BUSINESS.UTILIZATION PLAN The undersigned bidder/offeror has satisfied the requirements of the bid specifi<- 'on in the following manner(please check the appropriate space): Name of bidder/offeror's firm: John B. Lavender & Associates, Inc. fir 5/31/18 By. John H. Lavender (Print Name) (Signature) of (Date) The bidder/offeror is committed to a minimum of %LSBOP utilization on this contract. (Please complete the requested subcontractorlsuppiier information below.) OR The bidder/offeror is unable to meet the LSBOP goal of t°c %. Therefore,the bidder/offeror will complete in its entirety the document titled GOOD FAITH EFFORTS and submit supporting documentation demonstrating good faith efforts. Subcontractor/Supplier Address Principal LSBOP Utilization Name Phone Contact Certified Email Portable Services 1831 Old Savannah Road Amanda Hogan Yes 13971 i ,02. Augusta, GA 30901 ahoganaportableeervices net r» - 600 Bread Street - Ste 58 Teresa Bright Yea - 15174 Augusta, GA 30901 $' o ' i tbrightegpkconatruationgroup.com 1350 ReYno1ds Street , Lane Keen Yee \lo Augusta, GA 30901 OM e ' 1/ laneekeensigns.com Use additional sheets as necessary. Bid 18-209 Maxwell Branch Ubrary Renovations and Additions Bid Due:Thursday,May 31,202 4?3:00 p.m. Page 18 of 18 . . 1,'I.-'e --;.•:.::..,'1;:, ts c. i 4- :!...i., 'I'.;.•',:i..;.::: a .1:1 40 A A m cL's ..... ..... 5 '"" • - . .rt = ri An ri •'t .t t.‘ ...o i ....+, = g t!:!: --..\*:V:.:::-• § 3 3 3 1.. 2 1.... V Z.4., '1...1. ..1..-"......it..*:::, 0 t.. >•••• m "la iiii.i.z.:..! , a ‘2 tl.) li 4,11 -a •=-1 ,, . -,..'1,•'..,i;: = § 2 Act et .y .c g lOgzS; 16 1 9 a ,,, i' ta fl.iigi! a 1,-, /..,‘. i.)- 1 et 0 /21 Q S0 1 1 aSillir. a 'A% .0.co... 2 • 6. 10,.......,11 „,, t p r a' 44 " eg al t ittl',Ii' '8 › ; 44...lif:.:. .s :ad i- --• --- .-3 -- t - 3 de I 8 ig.;N't!.. - 'In ; . .!.,-. 1.1:1",* a 72. 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'L 41 • 4 li N m ` jt N, , ,,,, ,, , ... ... ... .„ ,, t".k 0 4 - • . i 41 a as Aa a' v a. ��, 4_ .� r -4 U1 JJMe 1 A 0 . aP2 a ix s '-I ` : . 1 t 2d 4,2 S t .fj p d i1 `• 3 HU 3 x, 1141 N t. I.�`;.' V ,_ . RI 22 t: ' l ti= 0 C3 0 ' ,1 • . z z ea 3 . 4. i...14,;-.1 p� i `�� ply= r. i� L. R . i it' il:St Is a 4, ai ' =o o Zw i a ! z• SY', () ' fa "r► te ii og r, ii 64:i g •41 t"I *9 f 1....- a p ovg 14 ... 4 it i i i fit` _$ § g o 40 N $ � EP �A 1 p . m �s ;idi`' N 7� a € �' 0 .....7.•y 1 '"� Q a 3 tk.a3: N N q v 1 4t':' N I VN -1" w .0 i j'cftt. M. 1Q.tg.: 4 h i. _ . w a Qgi' UP ;'". nom, p�' 2 d , p • s t5 G r7 S�+ p Qi e / ,' K _ 3 , . 8 1 e 'ititi ... _61 - i I) t) * 1 G ii. .7.0.,:. it) .jo 1:1 i%,) 03 -4 IZ1 i - i C I ' T lii LO U rpt.- r ? • fit til °` , 1 a , I .2 tit .-,,,,_ S ... $4 • am It' R r '" . / 9 a • 1 PROJECT NAME Maxwell Branch Library Renovations & Additions BID#18-209 LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT/SUBCONTRACTOR/SUPPLIER To: - See Attached Forma Included with Bid Package - (Name of Proposer) A. The undersigned intends to perform work in connection with the above project in the following capacity(check one): Individual Corporation Limited Liability Company(LLC) Partnership Joint Venture B. The Local Small Business Opportunity Program(LSBOP)status of the undersigned is confirmed as follows: By attachment of a current Certificate of Certification issued by the Georgia Department of Transportation By attachment of a current letter issued by the Augusta,Georgia Compliance Department-Disadvantaged'Business Enterprise Division C. The undersigned is prepared to perform the following work in connection with the above project D. The undersigned states that they will be performing %of the total project. E. The undersigned will sublet and/or award %of this subcontract to non-Local Small Business Opportunity Program contractors and/or suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta-Richmond County. (LSBOP Contractor Firm Name) By: Date: (Signature of Authorized Representative) Bid 18-209 Maxwell Branch Library Renovations and Additions Bid Due:Thursday,May 31,2018 to 3:00 p.m. Page 17 of 19 • • PROJECT NAME Maxwell Btanch Library Renovations & Additions EttE)tt 28-209 LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT/SURCONTRACTOR/SUPPLIER To:. John 2. Laxep.derj. AsSocintsB. (Name of Proposer) A. The undersigned intends to perform work in connection with the above project in the following capacity(check one): Individual Corporation X Limited Liability Company(LLC) Partnership Joint Venture B. The Local Small BusInesS Opportunity Program(LSBOP)status of the undersigned is confirmed as follows: By attachment of a current Certificate of Certification issued by the Georgia Department of Transportation . By attachment of a current letter issued by the Augusta,Georgia Compliance Department-Disadvantaged Business Enterprise Division C. The undersigned is prepared to perform the following work in connectleri with the above project Xtti 5:1 D. The undersigned states that they will be performing, ((z) °A of the total project. E. The undersigned will sublet and/or award of this subcontract to non-Local Small Business Opportunity Program contractors and/or suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta-Richmond County. € LSBOP Contractor Firm Name) By: Date: 0-C/ qiir (Signature of Authorized Representative) sot 38-2.09 Maxwell Branch Libiary Renmrations atld Additions Did Due:Thursday,May31,2018 0.1)3:00 p.m. Page17 of 10 . • • Compliance Department . " • • Keilie Irving . t A Compliance Director May 11,20.18 Keen Signs&Graphics,LLC /0 Lane Keen 1348 Reynolds Street Atignsta,GA 30901 Dear Mr.keen: Your firm has been registered as a Local Small Business OPPurtnnitY Program (LSBOP) with the AugustaAlchmond County Disadvantaged Business Enterprise Department (D13E). your -company's registration will last for-C1 period of two(2)years.beginning May.11:20.18. Registration entitles your firm to be included OP the LSB website directory and your firm information will be submitted to all contractors bidding on the Augusta-ltichmond County projects. Placement on the LSB Directoryla list is no guarantee of solicitation for informal or formal invitation to bids/proposals. This is a service of convenience for the vendor and Augusta-Richmond County and not a binding-assurance of solicitation, To insure maximum bid participation, vendors should register with DemandStar Service which will allow you to receive the appropriate bid specifications as they are issued. Please eall toll-free 1-800-111-1712 or visit www.demandstar.com for more•inforniation.. As a registered firm,you are required to notify the Disadvantaged ButtineSs liiterprise Department of any changes iri owomihip and/or control Of your&tn. Failure to provide this notification,mwrituig,may result in your firm being removed from the Local Small Business Opportunity PtOgrata register. We welcome yen to the Augusta-Richmond County Local Small BuSineas.OpOrtunity Program. SincerelY, Rorie Tvorat Kalil°Irving C,oinpliance Director tais cc: vendor File Cesspits**Department $35 Tallith'Shad--Suite710-Aad GA 30901 (106)821-2406-Fa(706)821.4305 • www.AuQUSTAGAXIOV =N. PROJECT NAME Maxwell Branch Library Renovations a Additions Ent)itits_209 LOCAL.SPALL BUSINESS OPPORIAJNITY PROGRAM LETTER OF INTENT TO PERFORM AS A SUBC,ONSULTANT/SUBCONTRACTORfSUPPIJER To: aOhn M. Lavencler. he000iatee, Inc. (Name of Proposer) A. The undersigned Intends to perform work in connection with the above project in the following capacity(check one): individual Corporation Limited Liability Company(LLC) Partnership Joint Venture B. The Local Small Business Opportunly Program(LSBOP)status of the undersigned is confirmed as follows: VBy attachment of a current Certificate of Certification issued by the Georgia Department of Transportation V By attachment of a current letter issued by the Axigusta,Georgia Compliance Deparimert-Disadvantaged Buskres.s Enterprise Division C. The undersigned is prepared to perform the following work in connection with the above project ttTh rbi .Aii • 10. NW IA I MK! w* D. The undersigned states that they will be performing %of the total project. E. The undersigned will sublet and/or award of this subcontract to non-Local Small Business Opportunity Program contractors and for suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta-Richmond County. P14- LLe- (LSBOP Contractor Srrn Name) if Date: ftvq ,A, (Signature of Autho Motive) aid 18-209 Maxwell Brand)Library Renovations.and Additions Bid Due:Thursday,May 31,2018pageff 3a11017 ofp,tnii • •. 0 ' • A Compliance Pel)arbuelk . . Compliance Director November 6,201 LLC do Teresa ft.Bright: 6()0 Brokl Street,Suite 5-E Auitista,Ga 30901 DearMs.Bright (LsBOP)with gill Business Opportunity l'regrala ‘. * • stored as Local Smt (I)Bt) Your Your fara 1.1asi hegareP. , • vantaged 14.0singsS,Enterprise Department the Augusta-Richmond County L'13'°."S4 '2A'l2)years, begihtling No:reinbe:r 0. 2017' • .„ • • tit tart for a period of s , • . finn company's regotrat!0?) w , r included the LSB website directory and be one " oJim County Registration entitles your arm, bidding on the. ond projects il be submitted to all contractors -4°t .'"'! imforinatim guarantee f for or formal • ootoros list is no - 0 — • _ • - Placerhent. on the A-3 service 4.:71f convenience for the vendor r. invitation.to bids/proposals. This is a insure trialitta.,Vn ' d Augusta- County and n°ia binding assurance f solicitation TO.i.n.... ..atar Service which11: receive . d should register ndSallow you'free' 800 7114712 or visit theP4tiacipt)rPlitiop°14riiiteYehnidos1ecifiestions as they are issued. Please t°11'.-, www ' - `t,0 gi for more it)formatioti. • - . Business terPtise Department t of Asa tegastered firm,you ar,requir•required notify theDisadvantaged your toproyld:et n011n, any ch4nges' ownership and/or control 9 7 from al Small Business•OpportunityProgram registei result m your firm -tcnopecl om the toe . ... • We • Richmond County Local,Sjnall Business 9PP0r100itY Program welcome you to the Augusta- Sincerely, KelliëXeft, 1rvirig, • • Owniiliance Director cc: Vender File updated 11106r2017 D‘,toartmeiit Comp.4.0410,3 - 53$Greene Street-4ste71°'"AuPsta7 GA 01 (706)821-9406-Fax t706)823-4395 VITWWAUOUPTAGA-GOV 1 4 • 'A,.1 Russell R.,MeMuny,P dw,Commissioner GEORGIA DEPARTMENT OF:TRANSPORTATION 4641.- NW �4tCanta, r i Cero ::> Ono�rg� der60f)WestPeachtree'street �.:.30308 Telephone.•{aai)83( 1996 Januar,22,201$` Teresa Bright, Managing Partner GPK, LLC • 600 Broad Street,Ste. 5E Augusta GA 30901 • ANNIVERSARY DATE:.Annually on January 2g Teresa Bright: • CJongratulationsiThe Depart ent_of Traasportatistn I reviewe yo Georgi 'Uniform: qfi. o .t2 s dre.B it Enterprise(DBE)application. .Our evaluation of the informationsubmitted with your request for certification son indicates.that your;firm has met the.erit ria.outlined,in:Federal Regulations 49 Part 26. DBE Certification will be continuous;however,it is contingent upon the firm maintait ing its eligibility annually through this o fice. Yon .will receive an Annual:Affidavit for Contlntung Eligibility" (RACE) and requestfor Personal Ffnalncial Statement (PFB) approximatelythirty days prior to your farm's:certification anniiversary:date The Annual; davit for Continuing Eligiibi ty document must eOniOletedx signed and returned toy.car offiice before yours anniversar date.in'mer to continue your firm's edigribiilityas A-1)44. Your firm will be listed in Georgia's JCP DBE Directory which can be accessed through the Department's website dot.ga,gov. Prime contractors and eonstritaiita.can-Vearifyyear frm'"s DBE a rtif cation st•:tus.at'id identify the work areas)for which the firm is DBE eligible through this Directtnr)r. Your•GDOT Vendor:ID Code is 15174: • Your firm bas`'.been certified to provide the following;•ninvicns as outlined iu=tide N American Indushy Classification System (i!TALCS) • 238430. • Framing Contractor• • • - 2383 • . Drywall&Insulation Contractors . . It is your o'bli n- notify G Cly of in 1�t► � � � � a�tgrs�atid�r control ci#voiur:eouipai>~y If St any time du•ring the year there.is a chane in ownership and/or control of your firn*,-you are mired to notify this c�(c a of such c a ge in wring by sworn affidavitand w suppo,:ming documents Ni ithiin thirty(3.4)day, ..Changes also include but ate not limited to yrs,,directors, management,key perso inel,scope ofwork perfor med,daily operations,.ongoing'busine relationships other firms or iidivdduals, or t3le;physiccal ocation,ofyour 41111, Failure to do 4.6 101- deemed a failure,on voitr part to cooper 'a qd will result in immediate, adions.to remove T)EE cetfiifieation in a zsrdarice with 4'9 CYR Fart 26,',S'ertion 26.83 Cl)of.the Federal DOT Regulation. • Questions and concerns should be direete4'.re his office by.mail or telephone. Our telephone number..is(4o4)631-1972. Our fax number is(404)63-1943, • Sin gettf.c; n, 0 Administr' ator3. 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