Exhibit 10.1
Document A102™ – 2007Standard Form of Agreement Between Owner and Contractorwhere the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price
AGREEMENTmade as of the5thday ofAprilin the year2010
(In words, indicate day, month and year.)
(In words, indicate day, month and year.)
BETWEENthe Owner:
(Name,legal status,address and other information)
(Name,
LaCrosse Footwear Inc.
17634 NE Airport Way
Portland, Oregon 97230
17634 NE Airport Way
Portland, Oregon 97230
and the Contractor:
(Name,legal status,address and other information)
(Name,
Perlo Construction L.L.C.
7190 SW Sandburg Street
Portland, Oregon 97223
7190 SW Sandburg Street
Portland, Oregon 97223
for the following Project:
(Name, location and detailed description)
(Name, location and detailed description)
Danner — Manufacturing T.I.
18201 NE Portal Way
Portland, Oregon 97230
18201 NE Portal Way
Portland, Oregon 97230
The Architect:
(Name,legal status,address and other information)
(Name,
Group Mackenzie
PO Box 14310
Portland, OR 97293
PO Box 14310
Portland, OR 97293
The Owner and Contractor agree as follows.
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.
This document is not intended for use in competitive bidding.
AIA Document A201™–2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.
AIA Document A201™–2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 1 | ||||
| User Notes: | (2034522193) | |||||
TABLE OF ARTICLES
1 | THE CONTRACT DOCUMENTS | 2 | |
2 | THE WORK OF THIS CONTRACT | 2 | |
3 | RELATIONSHIP OF THE PARTIES | 2 | |
4 | DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION | 3 | |
5 | CONTRACT SUM | 3 | |
6 | CHANGES IN THE WORK | 4 | |
7 | COSTS TO BE REIMBURSED | 5 | |
8 | COSTS NOT TO BE REIMBURSED | 7 | |
9 | DISCOUNTS, REBATES AND REFUNDS | 8 | |
10 | SUBCONTRACTS AND OTHER AGREEMENTS | 8 | |
11 | ACCOUNTING RECORDS | 8 | |
12 | PAYMENTS | 8 | |
13 | DISPUTE RESOLUTION | 10 | |
14 | TERMINATION OR SUSPENSION | 11 | |
15 | MISCELLANEOUS PROVISIONS | 11 | |
16 | ENUMERATION OF CONTRACT DOCUMENTS | 12 | |
17 | INSURANCE AND BONDS | 13 |
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. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern.
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 RELATIONSHIP OF THE PARTIES
The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor’s skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish and approve, in a timely
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 2 | ||||
| User Notes: | (2034522193) | |||||
manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents.
ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 4.1The date of commencement of the Work shall be the date of this Agreement unless a-different date is stated below or provision is made for the date to be fixed in a later of Contractor’s receipt of 1) a valid building permit, and 2) a writtennotice to proceed issued by the Owner.Owner
(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.)
If, prior to commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner’s time requirement shall be as follows:
§ 4.2The Contract Time shall be measured from the date of commencement.
§ 4.3The Contractor shall achieve Substantial Completion of the entire Work not later than (—One Hundred Forty (140) days from the date of commencement, or as follows:
(Insert number of calendar days, Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.)
| Portion of Work | Substantial Completion date |
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time, or for bonus payments for early completion of the Work.)
ARTICLE 5 CONTRACT SUM
§ 5.1The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor’s Fee.
§ 5.1.1The Contractor’s Fee:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee.)
Five percent (5%) of the Cost of the Work, including adjustments by change order.
§ 5.1.2The method of adjustment of the Contractor’s Fee for changes in the Work:
§ 5.1.3Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work:
§ 5.1.4Rental rates for Contractor-owned equipment shall not exceed percent (-%) ( ) of the standard rate paid at the place of the Project.
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 3 | ||||
| User Notes: | (2034522193) | |||||
§ 5.1.5Unit prices, if any:
(Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.)
| Item | Units and Limitations | Price Per Unit( |
§ 5.2 GUARANTEED MAXIMUM PRICE
§ 5.2.1The Contract Sum is guaranteed by the Contractor not to exceed ($— Two Million Nine Hundred Ninety-Three Thousand Eight Hundred Seventy-Seven Dollars and no cents ($2,993,877.00), subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.
(Insert specific provisions if the Contractor is to participate in any savings.)
5.2.1.1 If the contract sum, as determined in accordance with Article 5 is less than the Guaranteed Maximum Price, as may have been modified by change orders, the Owner shall pay the Contractor an additional amount equal to the difference between the Guaranteed Maximum Price and the contract sum (“savings”) times 50%.
5.2.1.2 The Guaranteed Maximum Price may contain certain allowance items. See 5.2.3.
5.2.1.3 In the event an Allowance item has a final cost less than the stated Allowance for such item, the difference is not subject to the savings clause pursuant to Paragraph 5.2.1.1.
§ 5.2.2The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.)
§ 5.2.3Allowances included in the Guaranteed Maximum Price, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
| Item | Price |
§ 5.2.4Assumptions, if any, on which the Guaranteed Maximum Price is based:
ARTICLE 6 CHANGES IN THE WORK
§ 6.1Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007, General Conditions of the Contract for Construction.
§ 6.2In calculating adjustments to subcontracts (except those awarded with the Owner’s prior consent on the basis of cost plus a fee), the terms “cost” and “fee” as used in Section 7.3.3.3 of AIA Document A201-2007 and the term “costs” as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Articles 5, 7 and 8 of this Agreement. Adjustments to
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 4 | ||||
| User Notes: | (2034522193) | |||||
subcontracts awarded with the Owner’s prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts.
§ 6.3In calculating adjustments to the Guaranteed Maximum Price, the terms “cost” and “costs” as used in the above-referenced provisions of AIA Document A201—2007 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term “fee” shall mean the Contractor’s Fee as defined in Section 5.1.1 of this Agreement.
§ 6.4If no specific provision is made in Article 5 for adjustment of the Contractor’s Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Article 5 will cause substantial inequity to the Owner or Contractor, the Contractor’s Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly.
ARTICLE 7 COSTS TO BE REIMBURSED
§ 7.1 COST OF THE WORK
§ 7.1.1The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 7.
§ 7.1.2Where any cost is subject to the Owner’s prior approval, the Contractor shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing this Agreement.
§ 7.2 LABOR COSTS
§ 7.2.1Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops.
§ 7.2.2Wages or salaries of the Contractor’s supervisory and administrative personnel when stationed at the site with the Owner’sprior approval.See Section 15.6.1
(If it is intended that the wages or salaries of certain personnel stationed at the Contractor’s principal or other offices shall be included in the Cost of the Work, identify in Article 15, the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.)
§ 7.2.3Wages and salaries of the Contractor’s supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work.
§ 7.2.4Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3.See Section 15.6.2
§ 7.2.5Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, with the Owner’s prior approval.
§ 7.3 SUBCONTRACT COSTS
Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts.
§ 7.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION
§ 7.4.1Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction.
§ 7.4.2Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work.
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997). Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 5 | ||||
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§ 7.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS
§ 7.5.1Costs of transportation,transportation , storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value.
§7.5.2Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Contractor-owned item may not exceed the purchase price of any comparable item. Rates of Contractor-owned equipment and quantities of equipment shall be subject to the Owner’s prior approval.
§7.5.3Costs of removal of debris from the site of the Work and its proper and legal disposal.
§7.5.4Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephoneand internet service at the site and reasonable petty cash expenses of the site office.
§ 7.5.5Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval.
§ 7.5.6Costs of utility consumption, including but not limited to electricity, water, gas, oil, sanitary sewer, and temporary toilets.
§ 7.6 MISCELLANEOUS COSTS
§7.6.1Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed-attributable to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval.See Section 15.6.4
§7.6.2Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Contractor is liable.
§7.6.3Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay.
§7.6.4Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3.
§7.6.5Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the Owner’s consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor’s Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work.
§7.6.6Costs for electronic equipment and software, directly-related to the Work with the Owner’s prior approval.
§7.6.7Deposits lost for causes other than the Contractor’s negligence or failure to fulfill a specific responsibility in the Contract Documents.
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997).Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 6 | ||||
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§7.6.8Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Contractor, reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld.
§7.6.9Subject to the Owner’s prior approval, expenses incurred in accordance with the Contractor’s standard written personnel policy for relocation and temporary living allowances of the Contractor’s personnel required for the Work.
§7.6.10That portion of the reasonable expenses of the Contractor’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work.See Section 15.6.3
§ 7.7 OTHER COSTS AND EMERGENCIES
§ 7.7.1Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner.
§7.7.2Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201–2007.
§7.7.3Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Contractor and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others.
§ 7.7.4Any costs previously described that are not reasonably identifiable at the time of the Application for Final Payment, such as for invoices from subcontractors and suppliers later received, direct costs associated with the project, or changes later requested by Owner and agreed to by Contractor.
§ 7.8 RELATED PARTY TRANSACTIONS
§ 7.8.1For purposes of Section 7.8, the term “related party” shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Contractor; any entity in which any stockholder in, or management employee of, the Contractor owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Contractor. The term “related party” includes any member of the immediate family of any person identified above.
§7.8.2If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Article 10. If the Owner fails to authorize the transaction, the Contractor shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Article 10.
ARTICLE 8 COSTS NOT TO BE REIMBURSED
§ 8.1 The Cost of the Work shall not include the items listed below:
| .1 | Salaries and other compensation of the Contractor’s personnel stationed at the Contractor’s principal office or offices other than the site office, except as specifically provided in Section 7.2. or as may be provided in Article 15; | ||
| .2 | Expenses of the Contractor’s principal office and offices other than the site office; | ||
| .3 | Overhead and general expenses, except as may be expressly included in Article 7; | ||
| .4 | The Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work; | ||
| .5 | Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence or failure of the Contractor, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; | ||
| .6 | Any cost not specifically and expressly described in Article 7; and |
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997).Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. User Notes: | 7 | (2034522193) |
| .7 | Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. |
ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS
§ 9.1Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained.
§ 9.2Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited to the Owner as a deduction from the Cost of the Work.
ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS
§ 10.1Those portions of the Work that the Contractor does not customarily perform with the Contractor’s own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Contractor and the Architect, which bids will be accepted. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection.
§ 10.2When a specific bidder (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.
§ 10.3Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis, the Contractor shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article 11, below.
ARTICLE 11 ACCOUNTING RECORDS
The Contractor shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor’s records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law.See Section 15.6.5
ARTICLE 12 PAYMENTS
§ 12.1 PROGRESS PAYMENTS
§ 12.1.1Based 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.
§ 12.1.2The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997).Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 8 | ||||
| User Notes: | (2034522193) |
§ 12.1.3Provided that an Application for Payment is received by the Architect not later than the25th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the10th day of thefollowing month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later thanfifteen (15 ) days after the Architect receives the Application for Payment.
(Federal, state or local laws may require payment within a certain period of time.)
(Federal, state or local laws may require payment within a certain period of time.)
§12.1.4With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor’s Fee; plus (3) payrolls for the period covered by the present Application for Payment.
§ 12.1.5Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Contractor’s Fee shall be shown as a single separate item. 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, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.
§ 12.1.6Applications 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. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
§ 12.1.7Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:
| .1 | Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201—2007; | ||
| .2 | Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; | ||
| .3 | Add the Contractor’s Fee, less retainage offive percent ( | ||
| .4 | Subtract retainage of | ||
| .5 | Subtract the aggregate of previous payments made by the Owner; | ||
| .6 | Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 12.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and | ||
| .7 | Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201–2007. |
§ 12.1.8The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements.
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997).Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 9 | ||||
| User Notes: | (2034522193) | |||||
§ 12.1.9In taking action on the Contractor’s Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 12.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner.
§ 12.2 FINAL PAYMENT
§ 12.2.1Final 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 Section 12.2.2 of AIA Document A201–2007, and to satisfy other requirements, if any, which extend beyond final payment; | ||
| .2 | the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment; and | ||
| .3 | a final Certificate for Payment has been issued by the Architect. |
§ 12.2.2The Owner’s auditors will review and report in writing on the Contractor’s final accounting within 30 days after delivery of the final accounting to the Architect by the Contractor. Based upon such Cost of the Work as the Owner’s auditors report to be substantiated by the Contractor’s final accounting, and provided the other conditions of Section 12.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner’s auditors, either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201–2007. The time periods stated in this Section 12.2.2 supersede those stated in Section 9.4.1 of the AIA Document A201–2007. The Architect is not responsible for verifying the accuracy of the Contractor’s final accounting.
§ 12.2.3If the Owner’s auditors report the Cost of the Work as substantiated by the Contractor’s final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201–2007. A request for mediation shall be made by the Contractor within 30 days after the Contractor’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation within this 30 day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the Architect’s final Certificate for Payment.
§ 12.2.4The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows:
§ 12.2.5If, subsequent to final payment and at the Owner’s request, the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor’s Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Contractor has participated in savings as provided in Section 5.2, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor.
ARTICLE 13 DISPUTE RESOLUTION
§ 13.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201–2007, unless the parties appoint below another individual, not a party to the Agreement, to serve as Initial Decision Maker.(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997).Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No. 4679601979_1 which expires on 11/09/2010, and is not for resale. | 10 | ||||
| User Notes: | (2034522193) |
§ 13.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows:
(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, 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.)
| þ | Arbitration pursuant to Section 15.4 of AIA Document A201-2007 | ||
| o | Litigation in a court of competent jurisdiction | ||
| o | Other(Specify) |
ARTICLE 14 TERMINATION OR SUSPENSION
§ 14.1Subject to the provisions of Section 14.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007.
§ 14.2If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2007, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A201-2007 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows:
| .1 | Take the Cost of the Work incurred by the Contractor to the date of termination; | ||
| .2 | Add the Contractor’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and | ||
| .3 | Subtract the aggregate of previous payments made by the Owner. |
§ 14.3The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 14.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.
§ 14.4The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2007, except that the term “profit” shall be understood to mean the Contractor’s Fee as described in Sections 5.1.1 and Section 6.4 of this Agreement.
ARTICLE 15 MISCELLANEOUS PROVISIONS
§ 15.1Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
§ 15.2Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.rate set forth in ORS 701.625.
(Insert rate of interest agreed upon, if any.)
§ 15.3The Owner’s representative:
(Name, address and otherinformation)information.)
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997).Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 11 | |||
| User Notes: | (2034522193) | ||||
Mr. Ross Vonhoff
LaCrosse Footwear Inc.
17634 NE Airport Way
Portland, Oregon 97230
LaCrosse Footwear Inc.
17634 NE Airport Way
Portland, Oregon 97230
§ 15.4The Contractor’s representative:
(Name, address and otherinformation)information.)
Mr. Paul Delsman
Perlo Construction
7190 SW Sandburg Street
Portland, Oregon 97223
Perlo Construction
7190 SW Sandburg Street
Portland, Oregon 97223
§ 15.5Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ written notice to the other party.
§ 15.6Other provisions:
15.6.1 The Cost of the Work shall include the cost of the project superintendent, project manager, estimator, and assistant project manager for that portion of their time spent working on the Project, regardless of whether they are or are not stationed at the field office. The project manager, superintendent, and estimator shall be charged to the job at the rate of $75.00 per hour and the assistant project manager shall be charged to the job at the rate of $50.00 per hour for each hour spent working on the project. These rates include all wages; payroll taxes; worker’s compensation insurance; fringe benefits, including health and medical insurance, and therefore, the provisions of Article 7.2.4 does not apply to the project manager, superintendent, estimator, and assistant project manager.
15.6.2 The costs covered in 7.2.4 shall be calculated at 65% of the wages and salaries described in Article 7 for wages of construction workers.
15.6.3 The costs covered in 7.5.5 shall include vehicle expenses and vehicle allowances for the project superintendent and project manager.
15.6.4 The liability insurance costs covered in paragraph 7.6.1 shall be calculated at .95% of the total cost of the project. This shall include the limits of liability as normally carried by the General Contractor, even if such coverage is in excess of the requirements of this project.
15.6.5 The final accounting for any cost savings to the Owner shall occur only at the time of the final payment and not during monthly progress payments. Contractor’s obligation to supply information for final accounting shall be satisfied by submittal to the Owner of the Contractor’s standard computerized job cost summary sheet. If the Owner desires additional auditing, Contractor shall make available in his office all accounting documents related to the Project, but the Owner shall pay for all reproduction, auditing, and associated fees.
ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS
§ 16.1The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.
§ 16.1.1The Agreement is this executed AIA Document A102-2007, Standard Form of Agreement Between Owner and Contractor.
§ 16.1.2The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction.
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997).Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 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 thisAIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 12 | |||
| User Notes: | (2034522193) | ||||
§ 16.1.3The Supplementary and other Conditions of the Contract:
| Document | Title | Date | Pages |
§ 16.1.4The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
| Section | Title | Date | Pages |
§ 16.1.5The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
To Be Added Via Change Order
| Number | Title | Date |
§ 16.16 The Addenda, if any:
| Number | Date | Pages |
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 16.
§ 16.1.7Additional documents, if any, forming part of the Contract Documents:
| .1 | AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: | ||
| .2 | Other documents, if any, listed below: | ||
| (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) |
| 1. Supplement to Standard Form of Agreement Between Owner and Contractor dated 4/5/10. | |||
ARTICLE 17 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007.
(State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.)
| Type of insurance or bond | Limit of liability or bond amount |
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997).Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 13 | |||
| User Notes: | (2034522193) | ||||
This Agreement entered into as of the day and year first written above.above and is executed in two original copies of which one is to be delivered to the Contractor, and one to the Owner.
LACROSSE FOOTWEAR INC. | PERLO CONSTRUCTION L.L.C. | |||||
/s/ Joseph P. Schneider | /s/ Jeff Perala | |||||
/s/ Joseph P. Schneider President & C.E.O. 4-9-10 | Jeff Perala, Co-President of Perlo Construction Group Inc., Member | |||||
Init. / | AIA Document A102™ – 2007 (formerly A111™ – 1997).Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997 and 2007 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 thisAIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:10:54 on 04/05/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 14 | |||
| User Notes: | (2034522193) | ||||
SUPPLEMENT TO STANDARD FORM OF
AGREEMENT BETWEEN OWNER AND CONTRACTOR
This Supplement is being attached to, and incorporated by this reference in, that certain Standard Form of Agreement between the Owner and the Contractor, AIA Document A102, 2007 Edition (the“Agreement”) made and entered into by and between LaCrosse Footwear, Inc. (the“Owner”) and Perlo Construction, LLC (the“Contractor”) for the purpose of modifying, supplementing and amending certain terms and conditions of the Agreement.
1.Article 2.The following is hereby added to Article 2 of the Agreement:
2.1 The Owner and the Contractor acknowledge that as of the date the Agreement is executed, not all of the Drawings and Specifications are finalized and that the Architect is completing further detailing of various aspects of the Work. Nonetheless, Owner and the Contractor desire to enter into the Agreement so that the Contractor may commence portions of the Work as Drawings and Specifications are finalized and permits are issued, and so that the Work will progress in accordance with the preliminary schedule attached hereto as Exhibit A (the“Project Schedule”). Provided that Drawings and Specifications are finalized and permits are issued in accordance with the time periods set forth in the Project Schedule, Contractor shall timely perform the Work in accordance with Project Schedule. As Drawings and Specifications are revised and completed, an Exhibit shall be prepared to this Agreement to identify the final Drawings and Specifications.
2.2The Contractor shall furnish only skilled and properly trained staff for the performance of the Work. The key member of the Contractor’s staff who shall manage the performance of the Work shall be Paul Delsman. Such key personnel of the Contractor shall not be changed without the written consent of the Owner, unless such person becomes unable to perform any required duties due to death, disability, transfer, or termination of employment with the Contractor. If such key person is no longer capable of performing in the capacity described above, the Owner and the Contractor shall agree on a mutually acceptable substitute.
2.Article 5.Section 5.2.4 of the Agreement is hereby amended and restated as follows:
5.2.4Assumptions, if any, on which the Guaranteed Maximum Price is based:
This Agreement is being entered into based upon preliminary design drawings provided by the Architect to the Contractor. The parties acknowledge, therefore, that the Drawings and Specifications for the Project have not been finalized and subcontracts have not been awarded, and that therefore the Guaranteed Maximum Price for the Work is subject to increase or decrease. The parties shall endeavor to work with the Architect so that the Drawings and Specifications are finalized, all subcontracts are awarded, and the cost for the Work is determined in accordance with the Project Schedule.
Based on the preliminary design drawings, Owner and Contractor have agreed on a preliminary budget for the cost of the Work attached hereto as Exhibit B (the“Project Budget”).
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On or before April 30, 2010, the Owner and the Contractor shall meet and review the Project Budget and agree on a revised Guaranteed Maximum Price for the Project. The parties shall execute a change order confirming such price. Thereafter, the Guaranteed Maximum Price shall not be increased or decreased except as provided in the Agreement.
At the meeting in which the final Guaranteed Maximum Price is revised, the parties shall also agree on any changes to the Project Schedule; provided, however, in no event shall the date for Substantial Completion of the Work be changed, unless the scope of the Work has changed from the preliminary design drawings as reasonably agreed to by the Owner and the Contractor. The Contractor shall complete the Work within the Guaranteed Maximum Price and within the Project Schedule, subject to adjustments as permitted under the terms of the Agreement.
3.Article 7.
(a) The following is hereby added to Section 7.1:
7.1.3Notwithstanding the breakdown or categorization of any costs to be reimbursed in this Article 7 or elsewhere in the Contract Documents, there shall be no duplication of payment in the event any particular items for which payment is requested can be characterized as falling into more than one of the types of compensable or reimbursable categories.
(b) The following is hereby added at the end of Section 7.6.1:
Premiums for insurance and bonds required by the Contract Documents shall not be included in the Cost of the Work for purposes of calculating the Contractor’s Fee.
(c) The following is herby added to the end of Section 7.7.3:
In the event of any inconsistency between the terms of this Section 7.7.3 and Section 12.2.5 of this Agreement and the terms of Section 3.5 and Section 12.2.1 of AIA201 – 2007 Version, the terms of the AIA201 – 2007 Version shall control.
4.Article 11.The following is hereby added at the end of Article 11:
If any audit by the Owner of the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data relating to the Contract Documents reveals an overcharge, the Contractor shall pay the Owner upon demand an amount equal to one hundred percent (100%) of such overcharge, as reimbursement for said overcharge and the administrative expenses incurred in determining the overcharge. The requirements of this Article 11 shall not apply to any portion of an overcharge that is the subject of a good-faith dispute between the Owner and the Contractor.
5.Article 12.The following is hereby added at the end of Section 12.1.4:
In addition to other required items, each Application for Payment shall be accompanied by (i) a duly executed conditional waiver of construction lien from the Contractor for that portion
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of the Work performed by the Contractor and covered by the Application for Payment being submitted for payment, and (ii) duly executed unconditional waivers of construction and material suppliers’ liens from the all Subcontractors for that portion of the Work performed by the Subcontractors and paid prior to the Application for Payment being submitted for payment.
6.Article 15.
(a) Section 15.2 is hereby amended and restated as follows:
15.2Payments that are due under the Agreement but not paid within five (5) days of the due date shall bear interest commencing on the 6th day at the rate of nine percent (9%) per annum.
(b) The following is hereby added to Section 15.6:
The Contractor represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents), as a material inducement to the Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and the final completion of the Work:
(i) The Contractor is financially solvent, able to pay all debts as they mature, and possessed of sufficient working capital to complete the Work and perform all obligations hereunder;
(ii) The Contractor is able to furnish the plant, tools, materials, supplies, equipment, and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so;
(iii) The Contractor is authorized to do business in the State of Oregon and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Contractor and over the Work and the Project;
(iv) The Contractor’s execution of this Agreement and performance thereof is within the Contractor’s duly authorized powers;
(v) The Contractor’s duly authorized representative has visited the site of the Project, is familiar with the local conditions under which the Work is to be performed, and has correlated observations with the requirements of the Contract Documents; and
(vi) The Contractor is a sophisticated contractor who possesses a high level of experience and expertise in the business administration, construction, construction management, and superintendence of projects of the size, complexity, and nature of this particular Project involving, among other things, the construction of tenant improvements for retail space, and will perform the Work with the care, skill, and diligence of such a contractor.
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| 8. | This Supplement may be signed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. |
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this Supplement has been duly executed and sealed by the Owner and Contractor as of April 5, 2010.
Owner | ||
| LaCrosse Footwear, Inc., | ||
| a Wisconsin corporation | ||
By: /s/ Joseph P. Schneider | 4-9-10 | |
| Title: President & CEO | ||
Contractor | ||
| Perlo Construction, L.L.C., | ||
| an Oregon limited liability company | ||
By: /s/ Jeff Perala Construction Group, Inc., Member |
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Document A201™ – 2007General Conditions of the Contract for Construction
for the following PROJECT:
(Name and location or address)
Danner — Manufacturing T.I.
18201 NE Portal Way
Portland, Oregon 97230
Danner — Manufacturing T.I.
18201 NE Portal Way
Portland, Oregon 97230
| THE OWNER: (Name, legal status and address) LaCrosse Footwear Inc. 17634 NE Airport Way Portland, Oregon 97230 | ||||||
THE ARCHITECT:
(Name, legal status and address)
Group Mackenzie
PO Box 14310
Portland, OR 97293
(Name, legal status and address)
Group Mackenzie
PO Box 14310
Portland, OR 97293
TABLE OF ARTICLES
| 1 | GENERAL PROVISIONS | 10 | ||
| 2 | OWNER | 11 | ||
| 3 | CONTRACTOR | 12 | ||
| 4 | ARCHITECT | 18 | ||
| 5 | SUBCONTRACTORS | 20 | ||
| 6 | CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS | 21 | ||
| 7 | CHANGES IN THE WORK | 22 | ||
| 8 | TIME | 24 | ||
| 9 | PAYMENTS AND COMPLETION | 24 | ||
| 10 | PROTECTION OF PERSONS AND PROPERTY | 28 | ||
| 11 | INSURANCE AND BONDS | 30 | ||
| 12 | UNCOVERING AND CORRECTION OF WORK | 33 | ||
| 13 | MISCELLANEOUS PROVISIONS | 34 | ||
| 14 | TERMINATION OR SUSPENSION OF THE CONTRACT | 35 | ||
| 15 | CLAIMS AND DISPUTES | 37 |
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.
Init. / | AlA Document A201™ – 2007.Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 1 | ||||
| User Notes: | (794187386) | |||||
INDEX
(Topics and numbers in bold are section headings.)
(Topics and numbers in bold are section headings.)
Acceptance of Nonconforming Work
9.6.6, 9.9.3,12.3
Acceptance of Work
9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3
Access to Work
3.16, 6.2.1, 12.1
Accident Prevention
10
Acts and Omissions
3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2
Addenda
1.1.1, 3.11.1
Additional Costs, Claims for
3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4
Additional Inspections and Testing
9.4.2, 9.8.3, 12.2.1,13.5
Additional Insured
11.1.4
Additional Time, Claims for
3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2,15.1.5
Administration of the Contract
3.1.3,4.2, 9.4, 9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13
Allowances
3.8, 7.3.8
All-risk Insurance
11.3.1, 11.3.1.1
Applications for Payment
4.2.5, 7.3.9, 9.2,9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3
Approvals
2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1
Arbitration
8.3.1, 11.3.10, 13.1.1, 15.3.2,15.4
ARCHITECT
4
Architect,Definition of
4.1.1
Architect, Extent of Authority
2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1
Architect, Limitations of Authority and Responsibility
2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2
Architect’s Additional Services and Expenses
2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4
Architect’s Administration of the Contract
3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5
Architect’s Approvals
2.4.1, 3.1.3, 3.5, 3.10.2, 4.2.7
Architect’s Authority to Reject Work
3.5, 4.2.6, 12.1.2, 12.2.1
Architect’s Copyright
1.1.7, 1.5
Architect’s Decisions
3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3
Architect’s Inspections
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5
Architect’s Instructions
3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2
Architect’s Interpretations
4.2.11, 4.2.12
Architect’s Project Representative
4.2.10
Architect’s Relationship with Contractor
1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2
Architect’s Relationship with Subcontractors
1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7
Architect’s Representations
9.4.2, 9.5.1, 9.10.1
Architect’s Site Visits
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Asbestos
10.3.1
Attorneys’ Fees
3.18.1, 9.10.2, 10.3.3
Award of Separate Contracts
6.1.1, 6.1.2
Award of Subcontracts and Other Contracts for Portions of the Work
5.2
Basic Definitions
1.1
Bidding Requirements
1.1.1, 5.2.1, 11.4.1
Binding Dispute Resolution
9.7, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1
Boiler and Machinery Insurance
11.3.2
Bonds, Lien
7.3.7.4, 9.10.2, 9.10.3
Bonds, Performance, and Payment
7.3.7.4, 9.6.7, 9.10.3, 11.3.9,11.4
9.6.6, 9.9.3,12.3
Acceptance of Work
9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3
Access to Work
3.16, 6.2.1, 12.1
Accident Prevention
10
Acts and Omissions
3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2
Addenda
1.1.1, 3.11.1
Additional Costs, Claims for
3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4
Additional Inspections and Testing
9.4.2, 9.8.3, 12.2.1,13.5
Additional Insured
11.1.4
Additional Time, Claims for
3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2,15.1.5
Administration of the Contract
3.1.3,4.2, 9.4, 9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13
Allowances
3.8, 7.3.8
All-risk Insurance
11.3.1, 11.3.1.1
Applications for Payment
4.2.5, 7.3.9, 9.2,9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3
Approvals
2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1
Arbitration
8.3.1, 11.3.10, 13.1.1, 15.3.2,15.4
ARCHITECT
4
Architect,Definition of
4.1.1
Architect, Extent of Authority
2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1
Architect, Limitations of Authority and Responsibility
2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2
Architect’s Additional Services and Expenses
2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4
Architect’s Administration of the Contract
3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5
Architect’s Approvals
2.4.1, 3.1.3, 3.5, 3.10.2, 4.2.7
Architect’s Authority to Reject Work
3.5, 4.2.6, 12.1.2, 12.2.1
Architect’s Copyright
1.1.7, 1.5
Architect’s Decisions
3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3
Architect’s Inspections
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5
Architect’s Instructions
3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2
Architect’s Interpretations
4.2.11, 4.2.12
Architect’s Project Representative
4.2.10
Architect’s Relationship with Contractor
1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2
Architect’s Relationship with Subcontractors
1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7
Architect’s Representations
9.4.2, 9.5.1, 9.10.1
Architect’s Site Visits
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Asbestos
10.3.1
Attorneys’ Fees
3.18.1, 9.10.2, 10.3.3
Award of Separate Contracts
6.1.1, 6.1.2
Award of Subcontracts and Other Contracts for Portions of the Work
5.2
Basic Definitions
1.1
Bidding Requirements
1.1.1, 5.2.1, 11.4.1
Binding Dispute Resolution
9.7, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1
Boiler and Machinery Insurance
11.3.2
Bonds, Lien
7.3.7.4, 9.10.2, 9.10.3
Bonds, Performance, and Payment
7.3.7.4, 9.6.7, 9.10.3, 11.3.9,11.4
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No. 4679601979_1 which expires on 11/09/2010, and is not for resale. | 2 | ||||
| User Notes: | (794187386) | |||||
Building Permit
3.7.1
Capitalization
1.3
Certificate of Substantial Completion
9.8.3, 9.8.4, 9.8.5
Certificates for Payment
4.2.1, 4.2.5, 4.2.9, 9.3.3,9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3
Certificates of Inspection, Testing or Approval
13.5.4
Certificates of Insurance
9.10.2, 11.1.3
Change Orders
1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3,7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3
Change Orders, Definition of
7.2.1
CHANGES IN THE WORK
2.2.1, 3.11, 4.2.8,7, 7.2.1, 7.3.1, 7.4, 7.4.1, 8.3.1, 9.3.1.1, 11.3.9
Claims, Definition of
15.1.1
CLAIMS AND DISPUTES
3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3,15, 15.4
Claims and Timely Assertion of Claims
15.4.1
Claims for Additional Cost
3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2,15.1.4
Claims for Additional Time
3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2,15.1.5
Concealed or Unknown Conditions, Claims for
3.7.4
Claims for Damages
3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6
Claims Subject to Arbitration
15.3.1, 15.4.1
Cleaning Up
3.15, 6.3
Commencement of the Work, Conditions Relating to
2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4
Commencement of the Work, Definition of
8.1.2
Communications Facilitating Contract Administration
3.9.1,4.2.4
Completion, Conditions Relating to
3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2
COMPLETION, PAYMENTS AND
9
Completion, Substantial
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, 13.7
Compliance with Laws
1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3
Concealed or Unknown Conditions
3.7.4, 4.2.8, 8.3.1, 10.3
Conditions of the Contract
1.1.1, 6.1.1, 6.1.4
Consent, Written
3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2
Consolidation or Joinder
15.4.4
CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
1.1.4,6
Construction Change Directive, Definition of
7.3.1
Construction Change Directives
1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1
Construction Schedules, Contractor’s
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Contingent Assignment of Subcontracts
5.4, 14.2.2.2
Continuing Contract Performance
15.1.3
Contract, Definition of
1.1.2
CONTRACT, TERMINATION OR SUSPENSION OF THE
5.4.1.1, 11.3.9,14
Contract Administration
3.1.3, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating to
3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1
Contract Documents, Copies Furnished and Use of
1.5.2, 2.2.5, 5.3
Contract Documents, Definition of
1.1.1
Contract Sum
3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5
Contract Sum, Definition of
9.1
Contract Time
3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5
Contract Time, Definition of
8.1.1
3.7.1
Capitalization
1.3
Certificate of Substantial Completion
9.8.3, 9.8.4, 9.8.5
Certificates for Payment
4.2.1, 4.2.5, 4.2.9, 9.3.3,9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3
Certificates of Inspection, Testing or Approval
13.5.4
Certificates of Insurance
9.10.2, 11.1.3
Change Orders
1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3,7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3
Change Orders, Definition of
7.2.1
CHANGES IN THE WORK
2.2.1, 3.11, 4.2.8,7, 7.2.1, 7.3.1, 7.4, 7.4.1, 8.3.1, 9.3.1.1, 11.3.9
Claims, Definition of
15.1.1
CLAIMS AND DISPUTES
3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3,15, 15.4
Claims and Timely Assertion of Claims
15.4.1
Claims for Additional Cost
3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2,15.1.4
Claims for Additional Time
3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2,15.1.5
Concealed or Unknown Conditions, Claims for
3.7.4
Claims for Damages
3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6
Claims Subject to Arbitration
15.3.1, 15.4.1
Cleaning Up
3.15, 6.3
Commencement of the Work, Conditions Relating to
2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4
Commencement of the Work, Definition of
8.1.2
Communications Facilitating Contract Administration
3.9.1,4.2.4
Completion, Conditions Relating to
3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2
COMPLETION, PAYMENTS AND
9
Completion, Substantial
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, 13.7
Compliance with Laws
1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3
Concealed or Unknown Conditions
3.7.4, 4.2.8, 8.3.1, 10.3
Conditions of the Contract
1.1.1, 6.1.1, 6.1.4
Consent, Written
3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2
Consolidation or Joinder
15.4.4
CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
1.1.4,6
Construction Change Directive, Definition of
7.3.1
Construction Change Directives
1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1
Construction Schedules, Contractor’s
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Contingent Assignment of Subcontracts
5.4, 14.2.2.2
Continuing Contract Performance
15.1.3
Contract, Definition of
1.1.2
CONTRACT, TERMINATION OR SUSPENSION OF THE
5.4.1.1, 11.3.9,14
Contract Administration
3.1.3, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating to
3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1
Contract Documents, Copies Furnished and Use of
1.5.2, 2.2.5, 5.3
Contract Documents, Definition of
1.1.1
Contract Sum
3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5
Contract Sum, Definition of
9.1
Contract Time
3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5
Contract Time, Definition of
8.1.1
Init. / | AlA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No. 4679601979_1 which expires on 11/09/2010, and is not for resale. | 3 | ||||
| User Notes: | (794187386) | |||||
CONTRACTOR
3
Contractor,Definition of
3.1, 6.1.2
Contractor’s Construction Schedules
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Contractor’s Employees
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1,
Contractor’s Liability Insurance
11.1
Contractor’s Relationship with Separate Contractors and Owner’s Forces
3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4
Contractor’s Relationship with Subcontractors
1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8
Contractor’s Relationship with the Architect
1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1
Contractor’s Representations
3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2
Contractor’s Responsibility for Those Performing the Work
3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8
Contractor’s Review of Contract Documents
3.2
Contractor’s Right to Stop the Work
9.7
Contractor’s Right to Terminate the Contract
14.1, 15.1.6
Contractor’s Submittals
3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2
Contractor’s Superintendent
3.9, 10.2.6
Contractor’s Supervision and Construction Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3
Contractual Liability Insurance
11.1.1.8, 11.2
Coordination and Correlation
1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1
Copies Furnished of Drawings and Specifications
1.5, 2.2.5, 3.11
Copyrights
1.5,3.17
Correction of Work
2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2,12.2
Correlation and Intent of the Contract Documents
1.2
Cost,Definition of
7.3.7
Costs
2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14
Cutting and Patching
3.14,6.2.5
Damage to Construction of Owner or Separate Contractors
3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4
Damage to the Work
3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4
Damages, Claims for
3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6
Damages for Delay
6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2
Date of Commencement of the Work,Definition of
8.1.2
Date of Substantial Completion,Definition of
8.1.3
Day,Definition of
8.1.4
Decisions of the Architect
3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2
Decisions to Withhold Certification
9.4.1,9.5, 9.7, 14.1.1.3
Defective or Nonconforming Work, Acceptance, Rejection and Correction of
2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1
Definitions
1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1
Delays and Extensions of Time
3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4,8.3,9.5.1, 9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5
Disputes
6.3, 7.3.9, 15.1, 15.2
Documents and Samples at the Site
3.11
Drawings,Definition of
1.1.5
Drawings and Specifications, Use and Ownership of
3.11
Effective Date of Insurance
8.2.2, 11.1.2
Emergencies
10.4,14.1.1.2, 15.1.4
Employees, Contractor’s
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1
3
Contractor,Definition of
3.1, 6.1.2
Contractor’s Construction Schedules
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Contractor’s Employees
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1,
Contractor’s Liability Insurance
11.1
Contractor’s Relationship with Separate Contractors and Owner’s Forces
3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4
Contractor’s Relationship with Subcontractors
1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8
Contractor’s Relationship with the Architect
1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1
Contractor’s Representations
3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2
Contractor’s Responsibility for Those Performing the Work
3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8
Contractor’s Review of Contract Documents
3.2
Contractor’s Right to Stop the Work
9.7
Contractor’s Right to Terminate the Contract
14.1, 15.1.6
Contractor’s Submittals
3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2
Contractor’s Superintendent
3.9, 10.2.6
Contractor’s Supervision and Construction Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3
Contractual Liability Insurance
11.1.1.8, 11.2
Coordination and Correlation
1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1
Copies Furnished of Drawings and Specifications
1.5, 2.2.5, 3.11
Copyrights
1.5,3.17
Correction of Work
2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2,12.2
Correlation and Intent of the Contract Documents
1.2
Cost,Definition of
7.3.7
Costs
2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14
Cutting and Patching
3.14,6.2.5
Damage to Construction of Owner or Separate Contractors
3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4
Damage to the Work
3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4
Damages, Claims for
3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6
Damages for Delay
6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2
Date of Commencement of the Work,Definition of
8.1.2
Date of Substantial Completion,Definition of
8.1.3
Day,Definition of
8.1.4
Decisions of the Architect
3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2
Decisions to Withhold Certification
9.4.1,9.5, 9.7, 14.1.1.3
Defective or Nonconforming Work, Acceptance, Rejection and Correction of
2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1
Definitions
1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1
Delays and Extensions of Time
3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4,8.3,9.5.1, 9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5
Disputes
6.3, 7.3.9, 15.1, 15.2
Documents and Samples at the Site
3.11
Drawings,Definition of
1.1.5
Drawings and Specifications, Use and Ownership of
3.11
Effective Date of Insurance
8.2.2, 11.1.2
Emergencies
10.4,14.1.1.2, 15.1.4
Employees, Contractor’s
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1
Init. / | AlA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 4 | ||||
| User Notes: | (794187386) | |||||
Equipment, Labor, Materials or
1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2
Execution and Progress of the Work
1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3
Extensions of Time
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5
Failure of Payment
9.5.1.3,9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2
Faulty Work
(See Defective or Nonconforming Work)
Final Completion and Final Payment
4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4, 14.4.3
Financial Arrangements, Owner’s
2.2.1, 13.2.2, 14.1.1.4
Fire and Extended Coverage Insurance
11.3.1.1
GENERAL PROVISIONS
1
Governing Law
13.1
Guarantees (See Warranty)
Hazardous Materials
10.2.4,10.3
Identification of Subcontractors and Suppliers
5.2.1
Indemnification
3.17,3.18,9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7
Information and Services Required of the Owner
2.1.2,2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3,6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2,
11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3
Initial Decision
15.2
Initial Decision Maker, Definition of
1.1.8
Initial Decision Maker, Decisions
14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Initial Decision Maker, Extent of Authority
14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Injury or Damage to Person or Property
10.2.8,10.4.1
Inspections
3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5
Instructions to Bidders
1.1.1
Instructions to the Contractor
3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2
Instruments of Service,Definition of
1.1.7
Insurance
3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2,11
Insurance, Boiler and Machinery
11.3.2
Insurance, Contractor’s Liability
11.1
Insurance, Effective Date of
8.2.2, 11.1.2
Insurance, Loss of Use
11.3.3
Insurance, Owner’s Liability
11.2
Insurance, Property
10.2.5,11.3
Insurance, Stored Materials
9.3.2
INSURANCE AND BONDS
11
Insurance Companies, Consent to Partial Occupancy
9.9.1
Intent of the Contract Documents
1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4
Interest
13.6
Interpretation
1.2.3,1.4, 4.1.1, 5.1, 6.1.2, 15.1.1
Interpretations, Written
4.2.11, 4.2.12, 15.1.4
Judgment on Final Award
15.4.2
Labor and Materials, Equipment
1.1.3,1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2
Labor Disputes
8.3.1
Laws and Regulations
1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4
Liens
2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8
Limitations, Statutes of
12.2.5, 13.7, 15.4.1.1
Limitations of Liability
2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2
Limitations of Time
2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15
Loss of Use Insurance
11.3.3
1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2
Execution and Progress of the Work
1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3
Extensions of Time
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5
Failure of Payment
9.5.1.3,9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2
Faulty Work
(See Defective or Nonconforming Work)
Final Completion and Final Payment
4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4, 14.4.3
Financial Arrangements, Owner’s
2.2.1, 13.2.2, 14.1.1.4
Fire and Extended Coverage Insurance
11.3.1.1
GENERAL PROVISIONS
1
Governing Law
13.1
Guarantees (See Warranty)
Hazardous Materials
10.2.4,10.3
Identification of Subcontractors and Suppliers
5.2.1
Indemnification
3.17,3.18,9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7
Information and Services Required of the Owner
2.1.2,2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3,6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2,
11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3
Initial Decision
15.2
Initial Decision Maker, Definition of
1.1.8
Initial Decision Maker, Decisions
14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Initial Decision Maker, Extent of Authority
14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Injury or Damage to Person or Property
10.2.8,10.4.1
Inspections
3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5
Instructions to Bidders
1.1.1
Instructions to the Contractor
3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2
Instruments of Service,Definition of
1.1.7
Insurance
3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2,11
Insurance, Boiler and Machinery
11.3.2
Insurance, Contractor’s Liability
11.1
Insurance, Effective Date of
8.2.2, 11.1.2
Insurance, Loss of Use
11.3.3
Insurance, Owner’s Liability
11.2
Insurance, Property
10.2.5,11.3
Insurance, Stored Materials
9.3.2
INSURANCE AND BONDS
11
Insurance Companies, Consent to Partial Occupancy
9.9.1
Intent of the Contract Documents
1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4
Interest
13.6
Interpretation
1.2.3,1.4, 4.1.1, 5.1, 6.1.2, 15.1.1
Interpretations, Written
4.2.11, 4.2.12, 15.1.4
Judgment on Final Award
15.4.2
Labor and Materials, Equipment
1.1.3,1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2
Labor Disputes
8.3.1
Laws and Regulations
1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4
Liens
2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8
Limitations, Statutes of
12.2.5, 13.7, 15.4.1.1
Limitations of Liability
2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2
Limitations of Time
2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15
Loss of Use Insurance
11.3.3
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 5 | ||||
| User Notes: | (794187386) | |||||
Material Suppliers
1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5
Materials, Hazardous
10.2.4,10.3
Materials, Labor, Equipment and
1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2
Means, Methods, Techniques, Sequences and Procedures of Construction
3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2
Mechanic’s Lien
2.1.2, 15.2.8
Mediation
8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6,15.3,15.4.1
Minor Changes in the Work
1.1.1, 3.12.8, 4.2.8, 7.1,7.4
MISCELLANEOUS PROVISIONS
13
Modifications,Definition of
1.1.1
Modifications to the Contract
1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1
Mutual Responsibility
6.2
Nonconforming Work, Acceptance of
9.6.6, 9.9.3,12.3
Nonconforming Work, Rejection and Correction of
2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1
Notice
2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1
Notice, Written
2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1,13.3,14, 15.2.8, 15.4.1
Notice of Claims
3.7.4, 10.2.8,15.1.2, 15.4
Notice of Testing and Inspections
13.5.1, 13.5.2
Observations, Contractor’s
3.2, 3.7.4
Occupancy
2.2.2, 9.6.6, 9.8, 11.3.1.5
Orders, Written
1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1
OWNER
2
Owner,Definition of
2.1.1
Owner, Information and Services Required of the
2.1.2,2.2,3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3
Owner’s Authority
1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7
Owner’s Financial Capability
2.2.1, 13.2.2, 14.1.1.4
Owner’s Liability Insurance
11.2
Owner’s Relationship with Subcontractors
1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2
Owner’s Right to Carry Out the Work
2.4,14.2.2
Owner’s Right to Clean Up
6.3
Owner’s Right to Perform Construction and to Award Separate Contracts
6.1
Owner’s Right to Stop the Work
2.3
Owner’s Right to Suspend the Work
14.3
Owner’s Right to Terminate the Contract
14.2
Ownership and Use of Drawings, Specifications and Other Instruments of Service
1.1.1, 1.1.6, 1.1.7,1.5,2.2.5, 3.2.2, 3.11.1, 3.17, 4.2.12, 5.3.1
Partial Occupancy or Use
9.6.6, 9.9, 11.3.1.5
Patching, Cutting and
3.14,6.2.5
Patents
3.17
Payment, Applications for
4.2.5, 7.3.9, 9.2,9.3,9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3
Payment, Certificates for
4.2.5, 4.2.9, 9.3.3,9.4,9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4
Payment, Failure of
9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2
Payment, Final
4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, 13.7, 14.2.4, 14.4.3
Payment Bond, Performance Bond and
7.3.7.4, 9.6.7, 9.10.3, 11.4
Payments, Progress
9.3,9.6,9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3
PAYMENTS AND COMPLETION
9
1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5
Materials, Hazardous
10.2.4,10.3
Materials, Labor, Equipment and
1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2
Means, Methods, Techniques, Sequences and Procedures of Construction
3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2
Mechanic’s Lien
2.1.2, 15.2.8
Mediation
8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6,15.3,15.4.1
Minor Changes in the Work
1.1.1, 3.12.8, 4.2.8, 7.1,7.4
MISCELLANEOUS PROVISIONS
13
Modifications,Definition of
1.1.1
Modifications to the Contract
1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1
Mutual Responsibility
6.2
Nonconforming Work, Acceptance of
9.6.6, 9.9.3,12.3
Nonconforming Work, Rejection and Correction of
2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1
Notice
2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1
Notice, Written
2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1,13.3,14, 15.2.8, 15.4.1
Notice of Claims
3.7.4, 10.2.8,15.1.2, 15.4
Notice of Testing and Inspections
13.5.1, 13.5.2
Observations, Contractor’s
3.2, 3.7.4
Occupancy
2.2.2, 9.6.6, 9.8, 11.3.1.5
Orders, Written
1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1
OWNER
2
Owner,Definition of
2.1.1
Owner, Information and Services Required of the
2.1.2,2.2,3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3
Owner’s Authority
1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7
Owner’s Financial Capability
2.2.1, 13.2.2, 14.1.1.4
Owner’s Liability Insurance
11.2
Owner’s Relationship with Subcontractors
1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2
Owner’s Right to Carry Out the Work
2.4,14.2.2
Owner’s Right to Clean Up
6.3
Owner’s Right to Perform Construction and to Award Separate Contracts
6.1
Owner’s Right to Stop the Work
2.3
Owner’s Right to Suspend the Work
14.3
Owner’s Right to Terminate the Contract
14.2
Ownership and Use of Drawings, Specifications and Other Instruments of Service
1.1.1, 1.1.6, 1.1.7,1.5,2.2.5, 3.2.2, 3.11.1, 3.17, 4.2.12, 5.3.1
Partial Occupancy or Use
9.6.6, 9.9, 11.3.1.5
Patching, Cutting and
3.14,6.2.5
Patents
3.17
Payment, Applications for
4.2.5, 7.3.9, 9.2,9.3,9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3
Payment, Certificates for
4.2.5, 4.2.9, 9.3.3,9.4,9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4
Payment, Failure of
9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2
Payment, Final
4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, 13.7, 14.2.4, 14.4.3
Payment Bond, Performance Bond and
7.3.7.4, 9.6.7, 9.10.3, 11.4
Payments, Progress
9.3,9.6,9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3
PAYMENTS AND COMPLETION
9
Init. / | AIA Document A201™ - 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 6 | ||||
| User Notes: | (794187386) | |||||
Payments to Subcontractors
5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2
PCB
10.3.1
Performance Bond and Payment Bond
7.3.7.4, 9.6.7, 9.10.3,11.4
Permits, Fees, Notices and Compliance with Laws
2.2.2,3.7, 3.13, 7.3.7.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF
10
Polychlorinated Biphenyl
10.3.1
Product Data,Definition of
3.12.2
Product Data and Samples, Shop Drawings
3.11,3.12, 4.2.7
Progress and Completion
4.2.2,8.2, 9.8, 9.9.1, 14.1.4, 15.1.3
Progress Payments
9.3,9.6,9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3
Project,Definition of
1.1.4
Project Representatives
4.2.10
Property Insurance
10.2.5,11.3
PROTECTION OF PERSONS AND PROPERTY
10
Regulations and Laws
1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4
Rejection of Work
3.5, 4.2.6, 12.2.1
Releases and Waivers of Liens
9.10.2
Representations
3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1
Representatives
2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1
Responsibility for Those Performing the Work
3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10
Retainage
9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3
Review of Contract Documents and Field Conditions by Contractor
3.2, 3.12.7, 6.1.3
Review of Contractor’s Submittals by Owner and Architect
3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2
Review of Shop Drawings, Product Data and Samples by Contractor
3.12
Rights and Remedies
1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4,13.4,14, 15.4
Royalties, Patents and Copyrights
3.17
Rules and Notices for Arbitration
15.4.1
Safety of Persons and Property
10.2,10.4
Safety Precautions and Programs
3.3.1, 4.2.2, 4.2.7, 5.3.1,10.1, 10.2, 10.4
Samples,Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11,3.12, 4.2.7
Samples at the Site, Documents and
3.11
Schedule of Values
9.2, 9.3.1
Schedules, Construction
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Separate Contracts and Contractors
1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2
Shop Drawings,Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.11,3.12, 4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1
Site Inspections
3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5
Site Visits, Architect’s
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Special Inspections and Testing
4.2.6, 12.2.1, 13.5
Specifications,Definition of
1.1.6
Specifications
1.1.1,1.1.6,1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14
Statute of Limitations
13.7, 15.4.1.1
Stopping the Work
2.3, 9.7, 10.3, 14.1
Stored Materials
6.2.1, 9.3.2, 10.2.1.2, 10.2.4
Subcontractor,Definition of
5.1.1
SUBCONTRACTORS
5
Subcontractors, Work by
1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7
Subcontractual Relations
5.3,5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1
5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2
PCB
10.3.1
Performance Bond and Payment Bond
7.3.7.4, 9.6.7, 9.10.3,11.4
Permits, Fees, Notices and Compliance with Laws
2.2.2,3.7, 3.13, 7.3.7.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF
10
Polychlorinated Biphenyl
10.3.1
Product Data,Definition of
3.12.2
Product Data and Samples, Shop Drawings
3.11,3.12, 4.2.7
Progress and Completion
4.2.2,8.2, 9.8, 9.9.1, 14.1.4, 15.1.3
Progress Payments
9.3,9.6,9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3
Project,Definition of
1.1.4
Project Representatives
4.2.10
Property Insurance
10.2.5,11.3
PROTECTION OF PERSONS AND PROPERTY
10
Regulations and Laws
1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4
Rejection of Work
3.5, 4.2.6, 12.2.1
Releases and Waivers of Liens
9.10.2
Representations
3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1
Representatives
2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1
Responsibility for Those Performing the Work
3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10
Retainage
9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3
Review of Contract Documents and Field Conditions by Contractor
3.2, 3.12.7, 6.1.3
Review of Contractor’s Submittals by Owner and Architect
3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2
Review of Shop Drawings, Product Data and Samples by Contractor
3.12
Rights and Remedies
1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4,13.4,14, 15.4
Royalties, Patents and Copyrights
3.17
Rules and Notices for Arbitration
15.4.1
Safety of Persons and Property
10.2,10.4
Safety Precautions and Programs
3.3.1, 4.2.2, 4.2.7, 5.3.1,10.1, 10.2, 10.4
Samples,Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11,3.12, 4.2.7
Samples at the Site, Documents and
3.11
Schedule of Values
9.2, 9.3.1
Schedules, Construction
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Separate Contracts and Contractors
1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2
Shop Drawings,Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.11,3.12, 4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1
Site Inspections
3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5
Site Visits, Architect’s
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Special Inspections and Testing
4.2.6, 12.2.1, 13.5
Specifications,Definition of
1.1.6
Specifications
1.1.1,1.1.6,1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14
Statute of Limitations
13.7, 15.4.1.1
Stopping the Work
2.3, 9.7, 10.3, 14.1
Stored Materials
6.2.1, 9.3.2, 10.2.1.2, 10.2.4
Subcontractor,Definition of
5.1.1
SUBCONTRACTORS
5
Subcontractors, Work by
1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7
Subcontractual Relations
5.3,5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 7 | ||||
| User Notes: | (794187386) | |||||
Submittals
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3
Submittal Schedule
3.10.2, 3.12.5, 4.2.7
Subrogation, Waivers of
6.1.1,11.3.7
Substantial Completion
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, 13.7
Substantial Completion,Definition of
9.8.1
Substitution of Subcontractors
5.2.3, 5.2.4
Substitution of Architect
4.1.3
Substitutions of Materials
3.4.2, 3.5, 7.3.8
Sub-subcontractor,Definition of
5.1.2
Subsurface Conditions
3.7.4
Successors and Assigns
13.2
Superintendent
3.9,10.2.6
Supervision and Construction Procedures
1.2.2,3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3
Surety
5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7
Surety, Consent of
9.10.2, 9.10.3
Surveys
2.2.3
Suspension by the Owner for Convenience
14.3
Suspension of the Work
5.4.2, 14.3
Suspension or Termination of the Contract
5.4.1.1, 14
Taxes
3.6, 3.8.2.1, 7.3.7.4
Termination by the Contractor
14.1, 15.1.6
Termination by the Owner for Cause
5.4.1.1,14.2, 15.1.6
Termination by the Owner for Convenience
14.4
Termination of the Architect
4.1.3
Termination of the Contractor
14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT
14
Tests and Inspections
3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5
TIME
8
Time, Delays and Extensions of
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4,8.3, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5
Time Limits
2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4
Time Limits on Claims
3.7.4, 10.2.8,13.7, 15.1.2
Title to Work
9.3.2, 9.3.3
Transmission of Data in Digital Form
1.6
UNCOVERING AND CORRECTION OF WORK
12
Uncovering of Work
12.1
Unforeseen Conditions, Concealed or Unknown
3.7.4, 8.3.1, 10.3
Unit Prices
7.3.3.2, 7.3.4
Use of Documents
1.1.1, 1.5, 2.2.5, 3.12.6, 5.3
Use of Site
3.13, 6.1.1, 6.2.1
Values, Schedule of
9.2, 9.3.1
Waiver of Claims by the Architect
13.4.2
Waiver of Claims by the Contractor
9.10.5, 13.4.2, 15.1.6
Waiver of Claims by the Owner
9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6
Waiver of Consequential Damages
14.2.4, 15.1.6
Waiver of Liens
9.10.2, 9.10.4
Waivers of Subrogation
6.1.1,11.3.7
Warranty
3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1
Weather Delays
15.1.5.2
Work,Definition of
1.1.3
Written Consent
1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2
Written Interpretations
4.2.11, 4.2.12
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3
Submittal Schedule
3.10.2, 3.12.5, 4.2.7
Subrogation, Waivers of
6.1.1,11.3.7
Substantial Completion
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, 13.7
Substantial Completion,Definition of
9.8.1
Substitution of Subcontractors
5.2.3, 5.2.4
Substitution of Architect
4.1.3
Substitutions of Materials
3.4.2, 3.5, 7.3.8
Sub-subcontractor,Definition of
5.1.2
Subsurface Conditions
3.7.4
Successors and Assigns
13.2
Superintendent
3.9,10.2.6
Supervision and Construction Procedures
1.2.2,3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3
Surety
5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7
Surety, Consent of
9.10.2, 9.10.3
Surveys
2.2.3
Suspension by the Owner for Convenience
14.3
Suspension of the Work
5.4.2, 14.3
Suspension or Termination of the Contract
5.4.1.1, 14
Taxes
3.6, 3.8.2.1, 7.3.7.4
Termination by the Contractor
14.1, 15.1.6
Termination by the Owner for Cause
5.4.1.1,14.2, 15.1.6
Termination by the Owner for Convenience
14.4
Termination of the Architect
4.1.3
Termination of the Contractor
14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT
14
Tests and Inspections
3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5
TIME
8
Time, Delays and Extensions of
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4,8.3, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5
Time Limits
2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4
Time Limits on Claims
3.7.4, 10.2.8,13.7, 15.1.2
Title to Work
9.3.2, 9.3.3
Transmission of Data in Digital Form
1.6
UNCOVERING AND CORRECTION OF WORK
12
Uncovering of Work
12.1
Unforeseen Conditions, Concealed or Unknown
3.7.4, 8.3.1, 10.3
Unit Prices
7.3.3.2, 7.3.4
Use of Documents
1.1.1, 1.5, 2.2.5, 3.12.6, 5.3
Use of Site
3.13, 6.1.1, 6.2.1
Values, Schedule of
9.2, 9.3.1
Waiver of Claims by the Architect
13.4.2
Waiver of Claims by the Contractor
9.10.5, 13.4.2, 15.1.6
Waiver of Claims by the Owner
9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6
Waiver of Consequential Damages
14.2.4, 15.1.6
Waiver of Liens
9.10.2, 9.10.4
Waivers of Subrogation
6.1.1,11.3.7
Warranty
3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1
Weather Delays
15.1.5.2
Work,Definition of
1.1.3
Written Consent
1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2
Written Interpretations
4.2.11, 4.2.12
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 8 | ||||
| User Notes: | (794187386) | |||||
Written Notice
2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4,13.3, 14, 15.4.1
Written Orders
1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2
2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4,13.3, 14, 15.4.1
Written Orders
1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 9 | ||||
| User Notes: | (794187386) | |||||
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 requirements.
§ 1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties.
§ 1.1.3 THE WORK
The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.
§ 1.1.4 THE PROJECT
The Project is the total construction of which the Work performed under the Contract Documents 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.
§ 1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.
§ 1.1.7 INSTRUMENTS OF SERVICE
Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.
§ 1.1.8 INITIAL DECISION MAKER
The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2.
§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
§ 1.2.1The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.
Init. / | AlA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 10 | ||||
| User Notes: | (794187386) | |||||
§ 1.2.2Organization 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.
§ 1.2.3Unless 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
§ 1.5.1The 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 will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment 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 this Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights.
§ 1.5.2The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them 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 material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants.
§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM
If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents.
ARTICLE 2 OWNER
§ 2.1 GENERAL
§ 2.1.1The 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.
§ 2.1.2The 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 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 2.2.1Prior to commencement of tho Work,At any time, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract.Thereafter, the Contractor may only request sueh evidence if (1) the Owner fails to make payments to the Contractor as the Contract-Documents require; (2) a change in the Work materially-changes the Contract Sum; or (3) the Contractor-identifies in writing a reasonable-concern regarding the Owner’s-ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or
Init. / | AlA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 11 | ||||
| User Notes: | (794187386) | |||||
continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.
§ 2.2.2Except 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.
§ 2.2.3The 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.
§ 2.2.4The 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.
§ 2.2.5Unless 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.
§ 2.3 OWNER’S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner 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.
§ 2.4 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 written 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 deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor 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. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
ARTICLE 3 CONTRACTOR
§ 3.1 GENERAL
§ 3.1.1The 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.
§ 3.1.2The Contractor shall perform the Work in accordance with the Contract Documents.
§ 3.1.3The Contractor shall not be relieved of 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.
Init. / | AlA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 12 | ||||
| User Notes: | (794187386) | |||||
§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
§ 3.2.1Execution 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.
§ 3.2.2Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work,carefully study and comparereview the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing 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.
§ 3.2.3The 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.
§ 3.2.4If 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 make 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 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
§ 3.3.1The 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, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and 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 written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures.
§ 3.3.2The 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.
§ 3.3.3The 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
§ 3.4.1Unless 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
Init. / | AlA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 13 | ||||
| User Notes: | (794187386) | |||||
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.
§ 3.4.2Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive.
§ 3.4.3The 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
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.
§ 3.6 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
§ 3.7.1Unless 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.
§ 3.7.2The 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.
§ 3.7.3If the 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 21 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 an equitable adjustment 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 in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15.
§ 3.7.5If, 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
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No. 4679601979_1 which expires on 11/09/2010, and is not for resale. | 14 | ||||
| User Notes: | (794187386) | |||||
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.
§ 3.8 ALLOWANCES
§ 3.8.1The 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.
§ 3.8.2Unless 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. |
§ 3.8.3Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.
§ 3.9 SUPERINTENDENT
§ 3.9.1The 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.
§ 3.9.2The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection.
§ 3.9.3The 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 SCHEDULES
§ 3.10.1The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work.
§ 3.10.2The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be 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, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based-en-the time required for review of submittals.
§ 3.10.3The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect.
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No. 4679601979_1 which expires on 11/09/2010, and is not for resale. | 15 | ||||
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§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE
The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be 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
§ 3.12.1Shop 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.
§ 3.12.2Product 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.
§ 3.12.3Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.
§ 3.12.4Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which 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.
§ 3.12.5The 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.
§ 3.12.6By 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.
§ 3.12.7The 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.
§ 3.12.8The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing 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.
§ 3.12.9The 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 written notice, the Architect’s approval of a resubmission shall not apply to such revisions.
§ 3.12.10The 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
Init. / | AIA Document A201™ – 2007.Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No. 4679601979_1 which expires on 11/09/2010, and is not for resale. | 16 | ||||
| User Notes: | (794187386) | |||||
required to provide professional services in violation of applicable law. 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 cause such services or certifications to be provided by a properly 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, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, 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. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents.
§ 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, and 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
§ 3.14.1The 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 and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.
§ 3.14.2The 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 such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s consent to cutting or otherwise altering the Work.
§ 3.15 CLEANING UP
§ 3.15.1The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or 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.
§ 3.15.2If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor.
§ 3.16 ACCESS TO WORK
The Contractor shall provide the Owner and Architect 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 such 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 the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect.
Init. / | AIA Document A201™ – 2007.Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 17 | ||||
| User Notes: | (794187386) | |||||
§ 3.18 INDEMNIFICATION
§ 3.18.1To 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 which would otherwise exist as to a party or person described in this Section 3.18.
ARTICLE 4 ARCHITECT
§ 4.1 GENERAL
§ 4.1.1The 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.
§ 4.1.2Duties, 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.
§ 4.1.3If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect.
§ 4.2 ADMINISTRATION OF THE CONTRACT
§ 4.2.1The 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.
§ 4.2.2The 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 beis in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.
§ 4.2.3On 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 report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) 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.
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document isprotected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No. 4679601979_1 which expires on 11/09/2010, and is not for resale. | 18 | ||||||
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§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION
Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner.
§ 4.2.5Based 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.
§ 4.2.6The 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 13.5.2 and 13.5.3, whether or not such 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, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work.
§ 4.2.7The 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, unless otherwise specifically stated by the Architect, 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.
§ 4.2.8The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
§ 4.2.9The 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.
§ 4.2.10If 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 duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
§ 4.2.11The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 4.2.12Interpretations 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.
§ 4.2.13The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents.
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document isprotected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No. 4679601979_1 which expires on 11/09/2010, and is not for resale. | 19 | ||||||
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§ 4.2.14The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.
ARTICLE 5 SUBCONTRACTORS
§ 5.1 DEFINITIONS
§ 5.1.1A 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 subcontractors of a separate contractor.
§ 5.1.2A 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
§ 5.2.1Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection.
§ 5.2.2The 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.
§ 5.2.3If 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.
§ 5.2.4The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution.
§ 5.3 SUBCONTRACTUAL RELATIONS
By appropriate agreement, written where legally required for validity, 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, which the Contractor, by these 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 tho proposed subcontract agreement that
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document isprotected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No. 4679601979_1 which expires on 11/09/2010, and is not for resale. | 20 | ||||||
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§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
§ 5.4.1Each 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 in writing; and | ||
| .2 | assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. |
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract.
§ 5.4.2Upon 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.
§ 5.4.3Upon such 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
§ 6.1.1The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.
§ 6.1.2When 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.
§ 6.1.3The 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 other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the 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.
§ 6.1.4Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor 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
§ 6.2.1The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents.
§ 6.2.2If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defectsdiscovered in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to reportany discovered discrepancies or defects shall constitute an acknowledgment that the Owner’s or separate contractor’s completed or partially
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document isprotected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 21 | ||||||
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completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable.
§ 6.2.3The 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.
§ 6.2.4The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5.
§ 6.2.5The 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
§ 7.1.1Changes 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.
§ 7.1.2A 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.
§ 7.1.3Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work.
§ 7.2 CHANGE ORDERS
§ 7.2.1A 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
§ 7.3.1A 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.
§ 7.3.2A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order.
§ 7.3.3If 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 |
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document isprotected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 22 | ||||||
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| .4 | As provided in Section 7.3.7. |
§ 7.3.4If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.
§ 7.3.5Upon 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.
§ 7.3.6A 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.
§ 7.3.7If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and 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 7.3.7 shall be limited to the following:
| .1 | Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; | ||
| .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 related to the Work; and | ||
| .5 | Additional costs of supervision and field office personnel directly attributable to the change. |
§ 7.3.8The 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.
§ 7.3.9Pending 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.
§ 7.3.10When 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 has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor.
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document isprotected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 23 | ||||||
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ARTICLE 8 TIME
§ 8.1 DEFINITIONS
§ 8.1.1Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
§ 8.1.2The date of commencement of the Work is the date established in the Agreement.
§ 8.1.3The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.
§ 8.1.4The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.
§ 8.2 PROGRESS AND COMPLETION
§ 8.2.1Time 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.
§ 8.2.2The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance.
§ 8.2.3The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.
§ 8.3 DELAYS AND EXTENSIONS OF TIME
§ 8.3.1If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine.
§ 8.3.2Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.3This 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
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.
§ 9.2 SCHEDULE OF VALUES
Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.
§ 9.3 APPLICATIONS FOR PAYMENT
§ 9.3.1At 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. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents.
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document isprotected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 24 | ||||||
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§ 9.3.1.1As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders.
§ 9.3.1.2Applications 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 material supplier, unless such Work has been performed by others whom the Contractor intends to pay.
§ 9.3.2Unless 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.
§ 9.3.3The 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, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.
§ 9.4 CERTIFICATES FOR PAYMENT
§ 9.4.1The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in whole or in part as provided in Section 9.5.1.
§ 9.4.2The 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 comprising the Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. 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. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. 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 material 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
§ 9.5.1The 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 |
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document isprotected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 25 | ||||||
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| .3 | failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; | ||
| .4 | reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; | ||
| .5 | damage to the Owner or a separate contractor; | ||
| .6 | reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or | ||
| .7 | repeated failure to carry out the Work in accordance with the Contract Documents. |
§ 9.5.2When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.
§ 9.5.3If 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 material or equipment suppliers 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 Architect will reflect such payment on the next Certificate for Payment.
§ 9.6 PROGRESS PAYMENTS
§ 9.6.1After 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.
§ 9.6.2The 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.
§ 9.6.3The Architect will-may, 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.
§ 9.6.4The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment 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 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, except as may otherwise be required by law.
§ 9.6.5Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4.
§9.6.6A 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.
§ 9.6.7Unless 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 and 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, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.
§ 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’ written notice to the Owner and Architect,
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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 shut-down,delay and start-up, plus interest as provided for in the Contract Documents.
§ 9.8 SUBSTANTIAL COMPLETION
§ 9.8.1Substantial 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.
§9.8.2When 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.
§ 9.8.3Upon 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.
§ 9.8.4When 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, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall 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.
§9.8.5The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such 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
§9.9.1The 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 as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
§9.9.2Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
§ 9.9.3Unless 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
§ 9.10.1Upon receipt of the Contractor’s written 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 and, when the
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 27 | ||||||||
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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 terms and conditions of 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.
§ 9.10.2Neither 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 and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial 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 and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, 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. If such lien 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 such lien, including all costs and reasonable attorneys’ fees.
§ 9.10.3If, 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 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 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.
§ 9.10.4The 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; or | ||
| .3 | terms of special warranties required by the Contract Documents. |
§ 9.10.5Acceptance of final payment by the Contractor, a Subcontractor or material 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
§ 10.2.1The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to
| .1 | employees on the Work and other persons who may be affected thereby; | ||
| .2 | the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and | ||
| .3 | other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. |
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 28 | ||||||||
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§ 10.2.2The 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.
§ 10.2.3The Contractor shall 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 owners and users of adjacent sites and utilities.
§ 10.2.4When 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.
§ 10.2.5The 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, except damage or loss 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.
§ 10.2.6The 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.
§ 10.2.7The 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, written notice of such 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
§ 10.3.1The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. 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 report the condition to the Owner and Architect in writing.
§ 10.3.2Upon receipt of the Contractor’s written 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 such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up.
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 29 | ||||||||
| User Notes: | (794187386) | |||||||||
§ 10.3.3To 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.
§ 10.3.4The Owner shall not be responsible under this Section 10.3 for 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 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.
§ 10.3.5The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance 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.
§ 10.3.6If, 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 indemnify 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 LIABILITY INSURANCE
§ 11.1.1The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
| .1 | Claims under workers’ compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; | ||
| .2 | Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees; |
| .3 | Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees; | ||
| .4 | Claims for damages insured by usual personal injury liability coverage; | ||
| .5 | Claims for damages, other than to the Work itself, because of injury to or destruction of tangible | ||
| .6 | Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; | ||
| .7 | Claims for bodily injury or property damage arising out of completed operations; and | ||
| .8 | Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18. |
§ 11.1.2The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 30 | ||||||||
| User Notes: | (794187386) | |||||||||
of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents.
§ 11.1.3Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness.
§ 11.1.4The Contractor shallnot be required to cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations.
§ 11.2 OWNER’S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.
§ 11.3 PROPERTY INSURANCE
§ 11.3.1Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project.
§ 11.3.1.1Property insurance shall be on an “all-risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss.
§ 11.3.1.2If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto.
§ 11.3.1.3If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles.
§ 11.3.1.4This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit.
§ 11.3.1.5Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 31 | ||||||||
| User Notes: | (794187386) | |||||||||
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.
§ 11.3.2 BOILER AND MACHINERY INSURANCE
The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds.
§ 11.3.3 LOSS OF USE INSURANCE
The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused.
§ 11.3.4If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.
§ 11.3.5If 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, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise.
§ 11.3.6Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor.
§ 11.3.7 WAIVERS OF SUBROGATION
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, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, 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 covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
§ 11.3.8A loss insured under the Owner’s property insurance 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 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
§ 11.3.9If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 32 | ||||||||
| User Notes: | (794187386) | |||||||||
Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7.
§ 11.3.10The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators.
§ 11.4 PERFORMANCE BOND AND PAYMENT BOND
§ 11.4.1The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.
§ 11.4.2Upon 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.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
§ 12.1 UNCOVERING OF WORK
§ 12.1.1If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.
§ 12.1.2If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs.
§ 12.2 CORRECTION OF WORK
§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after 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
§ 12.2.2.1In 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 an 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 written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4.
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 33 | ||||||||
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§ 12.2.2.2The 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.
§ 12.2.2.3The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2.
§ 12.2.3The 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.
§ 12.2.4The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents.
§ 12.2.5Nothing 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 except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.
§ 13.2 SUCCESSORS AND ASSIGNS
§ 13.2.1The 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 such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.
§ 13.2.2The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment.
§ 13.3 WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice.
§ 13.4 RIGHTS AND REMEDIES
§ 13.4.1Duties 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.
§ 13.4.2No 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 there under, except as may be specifically agreed in writing.
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 34 | ||
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§ 13.5 TESTS AND INSPECTIONS
§ 13.5.1Tests, 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 (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.
§ 13.5.2If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, 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 13.5.3, shall be at the Owner’s expense.
§ 13.5.3If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 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.
§ 13.5.4Required 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.
§ 13.5.5If 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.
§ 13.5.6Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
§ 13.6 INTEREST
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may 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.
§ 13.7 TIME LIMITS ON CLAIMS
The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time 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 13.7.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
§ 14.1 TERMINATION BY THE CONTRACTOR
§ 14.1.1The 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 or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, 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; |
Init. / | AIA Document A201 ™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 35 | ||
| User Notes: (794187386) |
| .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 promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1. |
§ 14.1.2The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less.
§ 14.1.3If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.
§ 14.1.4If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor 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’ written 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
§ 14.2.1The 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 for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; | ||
| .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. |
§ 14.2.2When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, 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’ written 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 | ||
| .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. |
§ 14.2.3When 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.
§ 14.2.4If 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
§ 14.3.1The 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.
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§ 14.3.2The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in 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
§ 14.4.1The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.
§ 14.4.2Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall
| .1 | cease operations as directed by the Owner in the notice; | ||
| .2 | take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and | ||
| .3 | except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. |
§ 14.4.3In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.
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, 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.
§ 15.1.2 NOTICE OF CLAIMS
Claims by either the Owner or Contractor must be initiated by written 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 must 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 CONTINUING CONTRACT PERFORMANCE
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. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
§ 15.1.4 CLAIMS FOR ADDITIONAL COST
If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4.
§ 15.1.5 CLAIMS FOR ADDITIONAL TIME
§ 15.1.5.1If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.
§ 15.1.5.2If 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.
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§ 15.1.6 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 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
§ 15.2 INITIAL DECISION
§ 15.2.1Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, 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 arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no 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.
§ 15.2.2The 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.
§ 15.2.3In 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.
§ 15.2.4If 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 such 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.
§ 15.2.5The 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.
§ 15.2.6Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.time.
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§ 15.2.7In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.
§ 15.2.8If 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
§ 15.3.1Claims, 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 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution.
§ 15.3.2The 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 an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
§ 15.3.3The 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
§ 15.4.1If 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. 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.
§ 15.4.1.1A 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.
§ 15.4.2The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
§ 15.4.3The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof.
§ 15.4.4 CONSOLIDATION OR JOINDER
§ 15.4.4.1Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
Init. / | AIA Document A201™ – 2007.Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:18:12 on 03/24/2010 under Order No.4679601979_1 which expires on 11/09/2010, and is not for resale. | 39 | ||
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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).
§ 15.4.4.2Either party, at its sole discretion, 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.
§ 15.4.4.3The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement.
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EXHIBIT A
EXHIBIT B
construction budget #1
| PROJECT: | Danner Manu. TI - DP Option | OWNER: | Danner | LATEST UPDATE: | 1/22/2010 | |||||||||||||||
| LOCATION: | Portland, Oregon | ARCHITECT: | Group Mackenzie | |||||||||||||||||
| BUILDING AREA: | 18,042 S.F. | ORIGINAL DATE: | 1/11/2010 | MODIFICATIONS TO AREA: | 0 S.F. | TOTAL BUILDING FLOOR AREA: | 18,042 | S.F. | ||||||||||||
| INTERIOR FINISHES | 18,042 S.F. | INTERIOR IMPROVEMENTS: | 0 S.F. | TOTAL INTERIOR IMPROVEMENT: | 18,042 | S.F. |
| BASE BUDGET | MODIFICATIONS | TOTAL | ||||||||||||||||||||||
| DESCRIPTION | TOTAL COST | $/S.F. | TOTAL COST | $/S.F. | TOTAL COST | $/S.F. | ||||||||||||||||||
| GENERAL CONDITIONS | $ | 92,275 | $ | 5.11 | $ | 0 | $ | 0.00 | $ | 92,275 | $ | 5.11 | ||||||||||||
| SITEWORK | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| STREET IMPROVEMENTS | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| WET SITE UNKNOWN ALLOWANCE | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| SITE DEMOLITION | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| FOUNDATIONS | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| SUPERSTRUCTURE | $ | 83,391 | $ | 4.62 | $ | 0 | $ | 0.00 | $ | 83,391 | $ | 4.62 | ||||||||||||
| EXTERIOR WALLS | $ | 37,990 | $ | 2.11 | $ | 0 | $ | 0.00 | $ | 37,990 | $ | 2.11 | ||||||||||||
| EXTERIOR WALL FINISHES | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| ELEVATOR/ SPECIALTY EQUIPMENT | $ | 49,800 | $ | 2.76 | $ | 1,695,390 | $ | 93.97 | $ | 1,745,190 | $ | 96.73 | ||||||||||||
| GYM FINISHES | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| DOCK EQUIPMENT | $ | 28,700 | $ | 1.59 | $ | 0 | $ | 0.00 | $ | 28,700 | $ | 1.59 | ||||||||||||
| INTERIOR IMPROVEMENTS | $ | 742,304 | $ | 41.14 | $ | 0 | $ | 0.00 | $ | 742,304 | $ | 41.14 | ||||||||||||
| PLUMBING & SITE UTILITIES | $ | 68,075 | $ | 3.77 | $ | 0 | $ | 0.00 | $ | 68,075 | $ | 3.77 | ||||||||||||
| HVAC | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| FIRE PROTECTION | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| ELECTRICAL | $ | 23,200 | $ | 1.29 | $ | 0 | $ | 0.00 | $ | 23,200 | $ | 1.29 | ||||||||||||
| BUILDERS RISK INSURANCE | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | $ | 0 | $ | 0.00 | ||||||||||||
| CONTRACTORS FEE | $ | 56,287 | $ | 3.12 | $ | 84,770 | $ | 4.70 | $ | 141,056 | $ | 7.82 | ||||||||||||
| LIABILITY INSURANCE | $ | 12,648 | $ | 0.70 | $ | 19,048 | $ | 1.06 | $ | 31,695 | $ | 1.76 | ||||||||||||
TOTAL COST | $ | 1,194,670 | $ | 66.22 | $ | 1,799,207 | $ | 99.72 | $ | 2,993,877 | $ | 165.94 | ||||||||||||
| 011110 Danner TI - DP Building Option | 1 of 10 | 1/22/2010 |
EXHIBIT B
perlo mccormack pacific
| PROJECT: | Danner Manu. Tl — DP Option | OWNER: | Danner | |||
| LOCATION: | Portland, Oregon | ARCHITECT: | Group Mackenzie |
| BUILDING AREA: | 18,042 S.F. | DATE: | 1/11/2010 | |||
| CLASSROOM AREA | 18,042 S.F. |
| LAST WEEKS BUDGET | MODIFICATIONS | FINAL COST | ||||||||||||||||||||||||||||||||||||||||||||||||||||
| DESCRIPTION | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | |||||||||||||||||||||||||||||||||||||||
SUPERSTRUCTURE | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ROOF STRUCTURE @ GYM | 0 | S.F. | 3.85 | 0.00 | S.F. | 0.00 | 0 | S.F. | 3.85 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ROOF STRUCTURE @ LOWER ROOF | 0 | S.F. | 3.85 | 0.00 | S.F. | 0.00 | 0 | S.F. | 3.85 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ROOF STRUCTURE @ 2 STORY CLASSROOM | 0 | S.F. | 3.85 | 0.00 | S.F. | 0.00 | 0 | S.F. | 3.85 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| UPGRADE ROOF STRUCTURE TO METAL DI | 0 | S.F. | 1.05 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.05 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| STRUCTURAL UPGRADE | 0 | S.F. | 0.15 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.15 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| HVAC UPGRADE AT EXISTING ROOF STRUC | 6 | EA. | 1,575.00 | 9,450.00 | EA. | 0.00 | 6 | EA. | 1,575.00 | 9,450.00 | ||||||||||||||||||||||||||||||||||||||||||||
| LEDGERS | 0 | L.F. | 12.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 12.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| DRAG STRUTS | 0 | L.F. | 5.50 | 0.00 | L.F. | 0.00 | 0 | L.F. | 5.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ROOF EXPANSION JOINT | 0 | L.F. | 8.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 8.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| R19 BATT ROOF INSULATION | 0 | S.F. | 0.55 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.55 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| R19 RIGID ROOF INSULATION | 0 | S.F. | 1.75 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.75 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| R30 RIGID ROOF INSULATION | 0 | S.F. | 2.85 | 0.00 | S.F. | 0.00 | 0 | S.F. | 2.85 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 4 PLY B.U. ROOFING SYSTEM | 0 | S.F. | 1.35 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.35 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| METAL ROOF SYSTEM | 0 | S.F. | 8.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 8.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| EPDM ROOFING | 0 | S.F. | 0.80 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.80 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 15 YEAR WARRANTY | 0 | S.F. | 0.10 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.10 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TRUCK WELL SOFFIT | 0 | S.F. | 6.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 6.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| S.S.SCUPPER | 0 | EA. | 150.00 | 0.00 | EA. | 0.00 | 0 | EA. | 150.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 24 G. CAP FLASHING/GRAVEL STOP | 0 | L.F. | 7.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 7.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 24 G. CAP FLASHING @ SCREEN WALL | 0 | L.F. | 4.50 | 0.00 | L.F. | 0.00 | 0 | L.F. | 4.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 24 G. GUTTER BLDG | 0 | L.F. | 10.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 10.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 24 G. GUTTER DOWN SPOUT | 0 | L.F. | 10.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 10.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 24 G. PARAPET FLASHING | 0 | S.F. | 6.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 6.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ROOF COLUMNS: STEEL | 0 | L.F. | 45.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 45.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| WINDOW SHEAR FR W10 X 77 | 0 | L.F. | 50.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 50.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| DRIVE-IN DOOR COLUMNS | 0 | L.F. | 45.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 45.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MOMENT CONNECTIONS | 0 | EA. | 75.00 | 0.00 | EA. | 0.00 | 0 | EA. | 75.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SMOKE VENTS (1:75) | 0 | EA. | 1,010.00 | 0.00 | EA. | 0.00 | 0 | EA. | 1,010.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SMOKE VENTS BURGLAR BARS | 0 | EA. | 200.00 | 0.00 | EA. | 0.00 | 0 | EA. | 200.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SKYLIGHTS | 0 | EA. | 600.00 | 0.00 | EA. | 0.00 | 0 | EA. | 600.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SMOKEVENT REMOTE OPERATION | 0 | EA. | 300.00 | 0.00 | EA. | 0.00 | 0 | EA. | 300.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ROOF HATCH/LADDER | 0 | EA. | 950.00 | 0.00 | EA. | 0.00 | 0 | EA. | 950.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| METAL CANOPY AT TRUCK DOCK | 0 | L.F. | 150.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 150.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MEZZANINE STRUCTURE | 3,304 | S.F. | 10.25 | 33,866.00 | S.F. | 0.00 | 3,304 | S.F. | 10.25 | 33,866.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MEZZANINE LEDGERS | 115 | L.F. | 15.00 | 1,725.00 | L.F. | 0.00 | 115 | L.F. | 15.00 | 1,725.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 011110 Danner Tl - DP Building Option | 2 of 10 | 1/22/2010 |
EXHIBIT B
| LAST WEEKS BUDGET | MODIFICATIONS | FINAL COST | ||||||||||||||||||||||||||||||||||||||||||||||||||||
| DESCRIPTION | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | |||||||||||||||||||||||||||||||||||||||
| MEZZANINE COLUMNS: STEEL | 210 | L.F. | 40.00 | 8,400.00 | L.F. | 0.00 | 210 | L.F. | 40.00 | 8,400.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MEZZANINE FOOTING SAWCUT AND EX. | 15 | E.A. | 500.00 | 7,500.00 | E.A. | 0.00 | 15 | E.A. | 500.00 | 7,500.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MEZZANINE 6X6 PAD FOOTINGS | 15 | E.A. | 650.00 | 9,750.00 | E.A. | 0.00 | 15 | E.A. | 650.00 | 9,750.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MEZZANINE SLAB POUR BACK | 540 | S.F. | 5.00 | 2,700.00 | S.F. | 0.00 | 540 | S.F. | 5.00 | 2,700.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MEZZANINE RAIL | 0 | L.F. | 15.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 15.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TOPPING SLAB | 0 | S.F. | 2.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 2.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TOPPING SLAB REBAR | 0 | S.F. | 0.75 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.75 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MEZZANINE STAIRS WOOD | 1 | E.A. | 3,000.00 | 3,000.00 | E.A. | 0.00 | 1 | E.A. | 3,000.00 | 3,000.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MEZZANINE STAIRS STEEL | 1 | E.A. | 5.500.00 | 5,500.00 | E.A. | 0.00 | 1 | E.A. | 5,500.00 | 5,500.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CONCRETE PANS AT STAIRS | 0 | S.F. | 4.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 4.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| DRAFT CURTAIN | 0 | S.F. | 5.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 5.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| EQUIPMENT RENTAL | 1 | MO. | 1,500.00 | 1,500.00 | MO. | 0.00 | 1 | MO. | 1,500.00 | 1,500.00 | ||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 83,391 | 0 | 83,391 | ||||||||||||||||||||||||||||||||||||||||||||||||||
EXTERIOR WALLS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| trowel finish | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| broom finish | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8” UNPAINTED TILT-UP CONCRETE WALLS | 0 | S.F. | 8.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 8,00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 6.5” UNPAINTED TILT-UP CONCRETE WALLS | 0 | S.F. | 7.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 7.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| RAT SLAB | 0 | S.F. | 4.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 4.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| INCREASE PANEL THICKNESS 1” | 0 | S.F. | 0.22 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.22 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| COVER PICK POINTS | 0 | S.F. | 0.08 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.08 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| UNPAINTED TILT-UP SPANDRELS 50FT | 0 | S.F. | 5.25 | 0.00 | S.F. | 0.00 | 0 | S.F. | 5.25 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TILT-UP SHEAR WALL | 0 | S.F. | 5.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 5.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| EXTERIOR WING WALLS | 0 | S.F. | 5.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 5.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CONCRETE COLUMNS AT DOCK | 0 | L.F. | 90.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 90.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TILT-UP MISCELLANEOUS IRON | 0 | S.F. | 0.75 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.75 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TILT-UP REINFORCING STEEL | 0 | S.F. | 0.90 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.90 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 30” PONY WALL | 0 | S.F. | 12.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 12.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CONTINUOUS CLEAN-UP | 0 | MO | 950.00 | 0.00 | MO | 0.00 | 0 | MO | 950.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| DBL GLAZ STOREFRONTAT ENTRANCES | 0 | S.F. | 32.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 32.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| DBL GLAZ @ VESTIBLE | 0 | S.F. | 30.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 30.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CURTAIN WALL W/ PERFORM GLASS | 0 | S.F. | 35.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 35.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| STOREFRONT DOORS | 1 | E.A. | 1,050.00 | 1,050.00 | E.A. | 0.00 | 1 | E.A. | 1,050.00 | 1,050.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SAWCUT FOR STOREFRONT | 838 | S.F. | 10.00 | 8,380.00 | S.F. | 0.00 | 838 | S.F. | 10.00 | 8,380.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 7FT WINDOW BAND | 817 | S.F. | 30.00 | 24,510.00 | S.F. | 0.00 | 817 | S.F. | 30.00 | 24,510.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 6FT WINDOW BAND | 0 | S.F. | 30.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 30.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 9FT WINDOW BAND | 0 | S.F. | 30.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 30.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ENTRY CANOPY | 0 | S.F. | 75.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 75.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SUN SCREEN / SHADE | 0 | S.F. | 35.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 35.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| HORIZONTAL SOFFIT | 0 | S.F. | 8.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 8.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CAULKING/SEALANTS @ EXT. 3 HR RATED | 0 | L.F. | 5.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 5.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CAULKING/SEALANTS @ EXT. NON RATED | 0 | L.F. | 2.50 | 0.00 | L.F. | 0.00 | 0 | L.F. | 2.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| EXTERIOR HM DOOR W/ TRANSOM | 0 | E.A. | 950.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 950.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TS STRONGBACKS | 4 | E.A. | 750.00 | 3,000.00 | E.A. | 0.00 | 4 | E.A. | 750.00 | 3,000.00 | ||||||||||||||||||||||||||||||||||||||||||||
| EXTERIOR HM DOOR & FRAME — PAINTED | 1 | E.A. | 1,050.00 | 1,050.00 | E.A. | 0.00 | 1 | E.A. | 1,050.00 | 1,050.00 | ||||||||||||||||||||||||||||||||||||||||||||
| KNOX BOX | 0 | E.A. | 250,00 | 0,00 | E.A. | 0.00 | 0 | E.A. | 250.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 011110 Danner Tl - DP Building Option | 3 of 10 | 1/22/2010 |
EXHIBIT B
| LAST WEEKS BUDGET | MODIFICATIONS | FINAL COST | ||||||||||||||||||||||||||||||||||||||||||||||||||||
| DESCRIPTION | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | |||||||||||||||||||||||||||||||||||||||
| RAIL DOCK DOORS | 0 | E.A. | 650.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 650.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 9 X 10 O.H. DOOR | 0 | E.A. | 1,000.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 1,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 12X14 O.H. DOOR | 0 | E.A. | 3,000.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 3,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| DOOR OPERATORS | 0 | E.A. | 1,200.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 1,200.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| EQUIPMENT RENTAL | 0 | MO. | 2,500.00 | 0.00 | MO | 0.00 | 0 | MO | 2,500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 37,990 | 0 | 37,990 | ||||||||||||||||||||||||||||||||||||||||||||||||||
EXTERIOR WALL FINISHES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| PAINT WAREHOUSE EXTERIO ELASTOMER | 0 | S.F. | 0.65 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.65 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAINT WAREHOUSE EXTERIO LATEX | 0 | S.F. | 0.25 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0,25 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAINT WAREHOUSE INTERIOR | 0 | S.F. | 0.22 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.22 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAINT CANOPY FACIA | 0 | S.F. | 1.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAINT ENTRY SOFFIT | 0 | S.F. | 1.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TEMP. WAREHOUSE HEAT/VENTILATION | 0 | MO. | 2,500.00 | 0.00 | MO. | 0.00 | 0 | MO. | 2,500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| T.U. REVEALS | 0 | L.F. | 3.25 | 0.00 | L.F. | 0.00 | 0 | L.F. | 3,25 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAINT EXTERIOR STAIRS | 0 | E.A. | 225.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 225.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PANEL RECESSED AREA | 0 | S.F. | 1,25 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.25 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TILE ACCENTS | 0 | S.F. | 9.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 9.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TILE ACCENTS SQUARES | 0 | S.F. | 9.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 9.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CORNICE DETAIL | 0 | S.F. | 25.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 25.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAINT H.M. DOORS | 0 | E.A. | 100.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 100.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAINT COLUMNS | 0 | L.F. | 5.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 5.00 | 0,00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAINT OVERHEAD DOORS | 0 | E.A. | 150.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 150.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAINT STRIPE | 0 | L.F. | 2,00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 2.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 0 | 0 | 0 | ||||||||||||||||||||||||||||||||||||||||||||||||||
INTERIOR SPECIALTY EQUIPMENT | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ELEVATOR | 1 | E.A. | 45,000.00 | 45,000.00 | E.A. | 0.00 | 1 | E.A. | 45,000.00 | 45,000.00 | ||||||||||||||||||||||||||||||||||||||||||||
| JACK HOLE | 0 | E.A. | 3,000.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 3,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ELEVATOR PIT | 1 | E.A. | 4,000.00 | 4,000.00 | E.A. | 0.00 | 1 | E.A. | 4,000.00 | 4,000.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ELEVATOR SLAB DEMO | 100 | S.F. | 8.00 | 800.00 | S.F. | 0.00 | 100 | S.F. | 8.00 | 800.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PICNIC PATIO AREA | 0 | S.F. | 45.00 | 0.00 | 1,275 | S.F. | 57,375.00 | 1,275 | S.F. | 45.00 | 57,375.00 | |||||||||||||||||||||||||||||||||||||||||||
| DUST COLLECTION ROOM | 0 | S.F. | 45.00 | 0.00 | 1,875 | S.F. | 84,375.00 | 1,875 | S.F. | 45.00 | 84,375.00 | |||||||||||||||||||||||||||||||||||||||||||
| MANUFACTURING HVAC / POWER DIST. | 0 | S.F. | 30.00 | 0.00 | 50,788 | S.F. | 1,523,640.00 | 50,788 | S.F. | 30.00 | 1,523,640.00 | |||||||||||||||||||||||||||||||||||||||||||
| NW ENVIRONMENT UPGRADE | 0 | S.F. | 15.00 | 0.00 | 2,000 | S.F. | 30,000.00 | 2,000 | S.F. | 15.00 | 30,000.00 | |||||||||||||||||||||||||||||||||||||||||||
| 0.00 | 0.00 | 0 | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 49,800 | 1,695,390 | 1,745,190 | ||||||||||||||||||||||||||||||||||||||||||||||||||
GYM FINISHES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| WOOD FLOORING | 0 | S.F. | 8,00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 8.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 011110 Danner Tl - DP Building Option | 4 of 10 | 1/22/2010 |
EXHIBIT B
| LAST WEEKS BUDGET | MODIFICATIONS | FINAL COST | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| DESCRIPTION | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | ||||||||||||||||||||||||||||||||||||||||
| BASKETBALL HOOP | 0 | EA. | 3,500.00 | 0.00 | EA. | 0.00 | 0 | EA. | 3,500.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| PAINT INTERIOR EXPOSED CONCERETE W, | 0 | S.F. | 0.25 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.25 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| 0.00 | 0.00 | 0 | 0.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | O | 0 | 0 | |||||||||||||||||||||||||||||||||||||||||||||||||||
DOCK EQUIPMENT | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 30,000 Ib | DOCK LEVELERS MANUAL | 4 | EA. | 3,150.00 | 12,600.00 | EA. | 0.00 | 4 | EA. | 3,150.00 | 12,600.00 | ||||||||||||||||||||||||||||||||||||||||||||
| DEMO AND EX. FOR PITS | 4 | EA. | 1,250.00 | 5,000.00 | EA, | 0.00 | 4 | EA. | 1,250.00 | 5,000.00 | |||||||||||||||||||||||||||||||||||||||||||||
| DOCK PITS | 4 | EA. | 1,050.00 | 4,200.00 | EA. | 0.00 | 4 | EA. | 1,050.00 | 4,200.00 | |||||||||||||||||||||||||||||||||||||||||||||
| DOCK BUMPERS | 0 | EA. | 125.00 | 0.00 | EA. | 0.00 | 0 | EA. | 125.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| EDGE OF DOCKS | 0 | EA. | 1,100.00 | 0.00 | EA, | 0.00 | 0 | EA. | 1,100.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| DOCK LIGHTS | 0 | EA. | 150.00 | 0.00 | EA. | 0.00 | 0 | EA. | 150.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| DOCK SEALS | 4 | EA. | 975.00 | 3,900.00 | EA. | 0.00 | 4 | EA. | 975.00 | 3,900.00 | |||||||||||||||||||||||||||||||||||||||||||||
| DOCK ELECTRICAL | 4 | EA. | 750.00 | 3,000.00 | EA. | 0.00 | 4 | EA. | 750.00 | 3.000.00 | |||||||||||||||||||||||||||||||||||||||||||||
| TRUCK RESTRAINTS | 0 | EA. | 2,800.00 | 0.00 | EA. | 0.00 | 0 | EA. | 2,800.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 28,700 | 0 | 28,700 | |||||||||||||||||||||||||||||||||||||||||||||||||||
INTERIOR IMPROVEMENTS WALLS | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| TEMPORARY HEAT | 0 | M.O. | 2,500.00 | 0.00 | M.O, | 0.00 | 0 | M.O. | 2,500.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| INSU CONCRETE PERIM | 5,876 | S.F. | 0.65 | 3.819.40 | S.F. | 0.00 | 5,876 | S.F. | 0.65 | 3,819.40 | |||||||||||||||||||||||||||||||||||||||||||||
| FULL HEIGHT S/R PARTITIONS | 17,782 | S.F. | 4.50 | 80,019.00 | S.F. | 0.00 | 17,782 | S.F. | 4.50 | 80,019.00 | |||||||||||||||||||||||||||||||||||||||||||||
| SIR PARTITIONS | 11,182 | S.F. | 4.25 | 47,523.50 | S.F. | 0.00 | 11,182 | S.F. | 4.25 | 47,523.50 | |||||||||||||||||||||||||||||||||||||||||||||
| S/R FURR CONC. PERIMETER | 4,868 | S.F. | 2.50 | 12,170.00 | S.F. | 0.00 | 4,868 | S.F. | 2.50 | 12,170.00 | |||||||||||||||||||||||||||||||||||||||||||||
| SOUND INSULATION | 0 | S.F. | 0.35 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.35 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| COLUMN WRAPS | 0 | S.F. | 3.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 3.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
CEILINGS | 0.00 | 0 | 0.00 | 0,00 | |||||||||||||||||||||||||||||||||||||||||||||||||||
| ACOUSTICAL CEILING STD TILE | 11,541 | S.F. | 2.75 | 31,737.75 | S.F. | 0.00 | 11,541 | S.F. | 2.75 | 31,737.75 | |||||||||||||||||||||||||||||||||||||||||||||
| UPGRADED ACOUSTICAL CEILING | 0 | S.F. | 0.25 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.25 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| 1HR RATED STANDARD ACOUSTICAL | 0 | S.F. | 1.25 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.25 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| GYPSUM CEILINGS | 2,182 | S.F. | 6.50 | 14,183.00 | S.F. | 0.00 | 2,182 | S.F. | 6.50 | 14,183.00 | |||||||||||||||||||||||||||||||||||||||||||||
| GYPSUM CEILING UPGRADES | 0 | S.F. | 2.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 2.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| GYPSUM WINDOW BLIND POCKET | 0 | S.F. | 3.75 | 0.00 | S.F. | 0.00 | 0 | S.F. | 3.75 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| GYPSUM SOFFITS | 0 | S.F. | 5.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 5.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| CEILING INSULATION | 0 | S.F. | 0.30 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.30 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
FINISHES | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| PAINT WALLS | 62,796 | S.F. | 0.25 | 15,699.00 | S.F. | 0.00 | 62,796 | S.F. | 0.25 | 15,699.00 | |||||||||||||||||||||||||||||||||||||||||||||
| PAINT CEILINGS | 2,182 | S.F. | 0.35 | 763.70 | S.F. | 0.00 | 2,182 | S.F. | 0.35 | 763.70 | |||||||||||||||||||||||||||||||||||||||||||||
| CERAMIC WALL TILE | 0 | S.F. | 9.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 9.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| FRP WAINSCOTT | 1,000 | S.F. | 5.75 | 5,750.00 | S.F. | 0.00 | 1,000 | S.F. | 5.75 | 5,750.00 | |||||||||||||||||||||||||||||||||||||||||||||
| PAINT DOORS/ RELITES | 14 | EA. | 65.00 | 910.00 | EA. | 0.00 | 14 | EA. | 65.00 | 910.00 | |||||||||||||||||||||||||||||||||||||||||||||
| LOBBY WALLS UPGRADE | 0 | L.S. | 3,000.00 | 0.00 | L.S. | 0.00 | 0 | L.S. | 3,000.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
| EXECUTIVE WALL FABRIC | 0 | S.F. | 2.85 | 0.00 | S.F. | 0.00 | 0 | S.F, | 2.85 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||
FLOOR COVERING | 0.00 | 0 | 0.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||||||||
| 011110 DannerTI - DP Building Option | 5 of 10 | 1/22/2010 |
EXHIBIT B
| LAST WEEKS BUDGET | MODIFICATIONS | FINAL COST | ||||||||||||||||||||||||||||||||||||||||||||||||||||
| DESCRIPTION | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | |||||||||||||||||||||||||||||||||||||||
| STANDARD CARPET | 5,462 | S.F. | 2.00 | 10,924.00 | S.F. | 0.00 | 5,462 | S.F. | 2.00 | 10,924.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ENTRY CARPET TILE | 242 | S.F. | 3.00 | 726.00 | S.F. | 0.00 | 242 | S.F. | 3.00 | 726.00 | ||||||||||||||||||||||||||||||||||||||||||||
| RUBBER STAIR TREADS | 2 | SET | 1,500.00 | 3,000.00 | SET | 0.00 | 2 | SET | 1,500.00 | 3,000.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CERAMIC FLOOR TILE | 0 | S.F. | 8.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 8.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| VCT | 5,665 | S.F. | 1.65 | 9,347.25 | S.F. | 0.00 | 5,665 | S.F. | 1.65 | 9,347.25 | ||||||||||||||||||||||||||||||||||||||||||||
| SHEETVINYL | 2,831 | S.F. | 2.50 | 7,077.50 | S.F. | 0.00 | 2,831 | S.F. | 2.50 | 7,077.50 | ||||||||||||||||||||||||||||||||||||||||||||
| RUBBER BASE | 3,008 | L.F. | 1.50 | 4,512.00 | L.F. | 0.00 | 3,008 | L.F. | 1.50 | 4,512.00 | ||||||||||||||||||||||||||||||||||||||||||||
| WALK OFF MAT | 0 | E.A. | 1,000.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 1,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| LOBBY PREMIUM FLOORING | 0 | S.F. | 2.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 2.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SEALED CONCRETE | 0 | S.F. | 0.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| QUARRY TILE | 0 | S.F. | 8.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 8.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
ACCESSORIES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| SHOWER STALLS | 0 | E.A. | 1,500.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 1,500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| HANDICAPPED SHOWER STALLS | 1 | E.A. | 1,750.00 | 1,750.00 | E.A. | 0.00 | 1 | E.A. | 1,750.00 | 1,750.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TOILET PARTITIONS | 29 | E.A. | 400.00 | 11,600.00 | E.A. | 0.00 | 29 | E.A. | 400.00 | 11,600.00 | ||||||||||||||||||||||||||||||||||||||||||||
| URINAL SCREENS | 9 | E.A. | 275.00 | 2,475.00 | E.A. | 0.00 | 9 | E.A. | 275.00 | 2,475.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TOILET ACCESSORIES | 127 | E.A. | 85.00 | 10,795.00 | E.A. | 0.00 | 127 | E.A. | 85.00 | 10,795.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SHOWER BENCHES | 1 | E.A. | 250.00 | 250.00 | E.A. | 0.00 | 1 | E.A. | 250.00 | 250.00 | ||||||||||||||||||||||||||||||||||||||||||||
| LOCKERS | 40 | E.A. | 125.00 | 5,000.00 | E.A. | 0.00 | 40 | E.A. | 125.00 | 5,000.00 | ||||||||||||||||||||||||||||||||||||||||||||
| WOOD DOORS/ H.M FRAMES/ FIN. HRDWR | 14 | E.A. | 875.00 | 12,250.00 | E.A. | 0.00 | 14 | E.A. | 875.00 | 12,250.00 | ||||||||||||||||||||||||||||||||||||||||||||
| WOOD BI-FOLD DOORS/ WOOD FRAMES/ Fl | 0 | E.A. | 250.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 250.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| H.M.DOORS/ H.M FRAMES/ FIN. HRDWR | 11 | E.A. | 1,050.00 | 11,550.00 | E.A. | 0.00 | 11 | E.A. | 1,050.00 | 11,550.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PAIRS H.M. DOORS/ H.M FRAMES PER LEAF | 6 | E.A. | 750.00 | 4,500.00 | E.A. | 0.00 | 6 | E.A. | 750.00 | 4,500.00 | ||||||||||||||||||||||||||||||||||||||||||||
| HOLLOW METAL RELITES | 103 | S.F. | 20.00 | 2,060.00 | S.F. | 0.00 | 103 | S.F. | 20.00 | 2,060.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MIRRORS | 23 | E.A. | 125.00 | 2,875.00 | E.A. | 0.00 | 23 | E.A. | 125.00 | 2,875.00 | ||||||||||||||||||||||||||||||||||||||||||||
CABINETS AND SPECIAL FINISHES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| UPPER CABINETS | 0 | L.F. | 150.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 150.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| LOWER CABINETS | 87 | L.F. | 175.00 | 15,225.00 | L.F. | 0.00 | 87 | L.F. | 175.00 | 15,225.00 | ||||||||||||||||||||||||||||||||||||||||||||
| VANITIES | 82 | L.F. | 100.00 | 8,200.00 | L.F. | 0.00 | 82 | L.F. | 100.00 | 8,200.00 | ||||||||||||||||||||||||||||||||||||||||||||
| RECEPTION DESK | 0 | L.F. | 300.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 300.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SHELVING | 0 | L.F. | 15.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 15.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CLOSET PACKAGE | 0 | L.F. | 20.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 20.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| COUNTERS | 0 | L.F. | 100.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 100.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| APPLIANCES BY OWNER | 0 | E.A. | 500.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PROJECTION SCREEN | 0 | E.A. | 1,200.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 1,200.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| STAIR STEEL HANDRAILS | 0 | L.F. | 75.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 75.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SKYLIGHT FRAMING/VERT. SOFFITS | 0 | S.F. | 7.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 7.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| FIRE EXTINGUISHERS | 8 | E.A. | 150.00 | 1,200.00 | S.F. | 0.00 | 8 | S.F. | 150.00 | 1,200.00 | ||||||||||||||||||||||||||||||||||||||||||||
| BLINDS | 0 | S.F. | 1.50 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.50 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| FINAL CLEANING | 18,042 | S.F. | 0.25 | 4,510.50 | S.F. | 0.00 | 18,042 | S.F. | 0.25 | 4,510.50 | ||||||||||||||||||||||||||||||||||||||||||||
MECHANICAL & ELECTRICAL | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| PLUMBING PER FIXTURE | 81 | EA. | 950.00 | 76,950.00 | EA. | 0.00 | 81 | EA. | 950.00 | 76,950.00 | ||||||||||||||||||||||||||||||||||||||||||||
| HVAC | 18,042 | S.F. | 9.50 | 171,399.00 | S.F. | 0.00 | 18,042 | S.F. | 9.50 | 171,399.00 | ||||||||||||||||||||||||||||||||||||||||||||
| FIRE SPRINKLERS @ CEILINGS | 18,042 | S.F. | 1.30 | 23,454.60 | S.F. | 0.00 | 18,042 | S.F. | 1.30 | 23,454.60 | ||||||||||||||||||||||||||||||||||||||||||||
| LIGHTING AND POWER | 18,042 | S.F. | 7.10 | 128,098.20 | S.F. | 0.00 | 18,042 | S.F. | 7.10 | 128,098.20 | ||||||||||||||||||||||||||||||||||||||||||||
| 0.00 | 0.00 | 0 | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 742,304 | 0 | 742,304 | ||||||||||||||||||||||||||||||||||||||||||||||||||
| 011110 Danner TI - DP Building Option | 6 of 10 | 1/22/2010 |
EXHIBIT B
| LAST WEEKS BUDGET | MODIFICATIONS | FINAL COST | ||||||||||||||||||||||||||||||||||||||||||||||||||||
| DESCRIPTION | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | |||||||||||||||||||||||||||||||||||||||
PLUMBING & SITE UTILITIES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
SITE UTILITIES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| STORM CONN AT STREET | 0 | EA. | 2,500.00 | 0.00 | EA. | 0.00 | 0 | EA. | 2.500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| STORM CONN AT EXISTING | 0 | EA. | 2,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 2,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| ROCK OUTFALL, STORM | 0 | EA. | 1,500.00 | 0.00 | EA. | 0.00 | 0 | EA. | 1,500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| OUTFLOW STRUCTURE | 0 | EA. | 3,500.00 | 0.00 | EA. | 0.00 | 0 | EA. | 3,500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PERIMETER PERF DRAIN | 0 | L.F. | 18.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 18.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PERIMETER DRAIN | 0 | L.F. | 10.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 10.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| OUTSIDE STORM SEWER 8” & UNDER | 0 | L.F. | 35.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 35.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| OUTSIDE STORM SEWER 10” & 12” | 0 | L.F. | 40.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 40.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
OUTSIDE STORM SEWER 15&18” | 0 | L.F. | 45.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 45.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| FILTERED CATCH BASINS | 0 | EA. | 7,500.00 | 0.00 | EA. | 0.00 | 0 | EA. | 7,500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CATCH BASINS W/O PIPING | 0 | EA. | 850.00 | 0.00 | EA. | 0.00 | 0 | EA. | 850.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| WQ VAULT | 0 | EA. | 55,000.00 | 0.00 | E.A. | 0.00 | 0 | EA. | 55,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| CONNECT TO EXIST. C.B.S | 0 | EA. | 300.00 | 0.00 | EA. | 0.00 | 0 | EA. | 300.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SAWCUT A.C. & REMOVE | 0 | L.F. | 10.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 10.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| A.C. PATCH | 0 | S.F. | 4.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 4.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SANITARY CONN AT STREET | 0 | EA. | 2,500.00 | 0.00 | EA. | 0.00 | 0 | EA. | 2,500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SANITARY CONNECTION | 0 | EA. | 1,500.00 | 0.00 | EA. | 0.00 | 0 | EA. | 1,500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SANITARY SEWER | 0 | L.F. | 35.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 35.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SANITARY CATCH BASIN AT DOCK | 0 | E.A. | 650.00 | 0.00 | EA. | 0.00 | 0 | E.A. | 650.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| TRENCH DRAIN AT DOCK | 0 | L.F. | 45.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 45.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| PUBLIC SANITARY SEWER SEE STREET | 0 | L.F. | 35.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 35.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| STORM/SANITARY MANHOLES 60” | 0 | EA. | 3,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 3,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| MODIFY EXISTING MANHOLES | 0 | EA. | 750.00 | 0.00 | EA. | 0.00 | 0 | EA. | 750.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| POLLUTION CONTROL MAN HOLES | 0 | EA. | 3,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 3,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| RAIN DRAIN BOOTS | 0 | EA. | 750.00 | 0.00 | EA. | 0.00 | 0 | EA. | 750.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 2” DOMESTIC WATER | 0 | L.F. | 30.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 30.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 1” DOMESTIC WATER | 0 | L.F. | 20.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 20.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| 1.5” WATER METER (SEE PERMITS) | 0 | EA. | 0.00 | 0.00 | EA. | 0.00 | 0 | EA. | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
PLUMBING | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| RAIN DRAIN PIPING | 0 | L,F. | 35.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 35.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| RAIN DRAIN BASINS | 0 | E.A. | 500.00 | 0.00 | EA. | 0.00 | 0 | E.A. | 500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SEWAGE PUMP AND EJECTOR | 1 | E.A. | 38,500.00 | 38,500.00 | EA. | 0.00 | 1 | E.A. | 38,500.00 | 38,500.00 | ||||||||||||||||||||||||||||||||||||||||||||
| INSIDE SANITARY SEWER | 455 | L.F. | 35.00 | 15,925.00 | L.F. | 0.00 | 455 | L.F. | 35.00 | 15,925.00 | ||||||||||||||||||||||||||||||||||||||||||||
| SANITARY SEWER TRENCH R/R | 910 | S.F. | 15.00 | 13,650.00 | S.F. | 0.00 | 910 | S.F. | 15.00 | 13,650.00 | ||||||||||||||||||||||||||||||||||||||||||||
| OFFICE PLUMBING PER FIXTURE | 0 | EA. | 950.00 | 0.00 | EA. | 0.00 | 0 | EA. | 950.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| WAREHOUSE PLUMBING PER FIXTURE | 0 | EA. | 950.00 | 0.00 | EA. | 0.00 | 0 | EA. | 950.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
| HOSE BIBBS | 0 | EA. | 300.00 | 0.00 | EA. | 0.00 | 0 | EA. | 300.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 68,075 | 0 | 68,075 | ||||||||||||||||||||||||||||||||||||||||||||||||||
H.V.A.C. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 011110 Danner TI - DP Building Option | 7 of 10 | 1/22/2010 |
EXHIBIT B
| LAST WEEKS BUDGET | MODIFICATIONS | FINAL COST | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| DESCRIPTION | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | |||||||||||||||||||||||||||||||||||||||||||
| RELOCATE GAS LINE | 0 | L.F. | 20.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 20.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| WAREHOUSE UNIT HEAT | 0 | S.F. | 0.30 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.30 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| WAREHOUSE HEAT- DIRECT FIRE U upgrad | 0 | S.F. | 0.88 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.88 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| OFFICE HVAC(VAV) | 0 | S.F. | 8.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 8.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| OFFICE HVAC CONSTANT VOLUME (GAS P, | 0 | S.F. | 7.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 7.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| ROOFTOP VENTILATORS | 0 | E.A. | 300.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 300.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| WAREHOUSE VENTILATION | 0 | S.F. | 0.31 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.31 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 0 | 0 | 0 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
FIRE PROTECTION | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| VAULT W/BACKFLOW & FDC | 0 | EA. | 17,500.00 | 0.00 | EA. | 0.00 | 0 | EA. | 17,500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| MAIN UNDERGROUND | 12.0 IN. | 0 | L.F. | 55.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 55.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||||
| UNDERGROUND WA | 8.0 IN. | 0 | L.F. | 45.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 45.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||||
| UNDERGROUND WA | 6.0 IN. | 0 | L.F. | 45.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 45.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||||
| FDC PIPING | 4.0 IN. | 0 | L.F. | 35.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 35.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||||
| CITY CONNECTION FEE | SEE PERMITS | 0 | EA. | 5,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 5,000.00 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||||
| FIRE HYDRANTS W/O PIPING | 0 | EA. | 2,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 2,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| FDC,s WITHOUT PIPING | 0 | EA. | 3,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 3,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| ROOF STRUCTURE SPRINKLERS | 0 | S.F. | 1.20 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.20 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| WAREHOUSE SPRINKLERS | 0 | S.F. | 1.30 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.30 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| TRUCK CANOPY SPRINKLERS | 0 | S.F. | 1.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| ENTRY SOFFIT SPRINKLERS | 0 | S.F. | 1.00 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| MEZZANINE SPRINKLERS | 0 | S.F. | 1.10 | 0.00 | S.F. | 0.00 | 0 | S.F. | 1.10 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| RACK SPRINKLER | 0 | EA. | 0.00 | 0.00 | EA. | 0.00 | 0 | EA. | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| ESFR FIRE PUMP | 0 | EA. | 44,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 44,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| DIESEL FIRE PUMP/CONNECT ALLOWANCE | 0 | EA. | 55,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 55,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 0 | 0 | 0 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
ELECTRICAL | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ELECTRICAL SERVICE | 1 | EA. | 15,000.00 | 15,000.00 | EA. | 0.00 | 1 | EA. | 15,000.00 | 15,000.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| CONDUIT FOR FUTURE ADDED 1000 AMPS | 0 | EA. | 3,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 3,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| SERVICE RUN | 0 | L.F. | 30.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 30.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| TELEPHONE CONDUIT | 0 | L.F. | 20.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 20.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| RELOCATE LIGHT POLES (OVERHEAD LINE | 0 | L.F. | 20.00 | 0.00 | L.F. | 0.00 | 0 | L.F. | 20.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| EXCAVATION AT XFMR PAD AREA | 150 | S.F. | 20.00 | 3,000.00 | S.F. | 0.00 | 150 | S.F. | 20.00 | 3,000.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| PRIMARY SERVICE RUN | 95 | L.F. | 40.00 | 3,800.00 | L.F. | 0.00 | 95 | L.F. | 40.00 | 3,800.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| SECONDARY SERVICE RUN | 20 | L.F. | 70.00 | 1,400.00 | L.F. | 0.00 | 20 | L.F. | 70.00 | 1,400.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| LIGHT POLE CONCRETE BASES | 0 | EA. | 750.00 | 0.00 | EA. | 0.00 | 0 | EA. | 750.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| STREET LIGHT | 0 | EA. | 3,000.00 | 0.00 | EA. | 0.00 | 0 | EA. | 3.000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| SOFFIT LIGHTS | 0 | EA. | 500.00 | 0.00 | EA. | 0.00 | 0 | EA. | 500.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| TRUCK CANOPY LIGHTS | 0 | EA. | 125.00 | 0.00 | EA. | 0.00 | 0 | EA. | 125.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| 011110 Danner TI - DP Building Option | 8 of 10 |
EXHIBIT B
| LAST WEEKS BUDGET | MODIFICATIONS | FINAL COST | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| DESCRIPTION | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | QUANTITY | UNIT | UNIT PRICE | EXTENTION | SUBTOTAL | |||||||||||||||||||||||||||||||||||||||||||
| DEDICATED CIRCUITS | 0 | EA. | 550.00 | 0.00 | EA. | 0.00 | 0 | EA. | 550.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| OFFICE POWER/DISTRIBUTION | 0 | S.F. | 2.25 | 0.00 | S.F. | 0.00 | 0 | S.F. | 2.25 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| WAREHOUSE LIGHTING | GENERAL | 0 | S.F. | 0.95 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.95 | 0.00 | |||||||||||||||||||||||||||||||||||||||||||||||
| EMERGENCY GENERATOR | 0 | L.S. | 20,000.00 | 0.00 | L.S. | 0.00 | 0 | L.S. | 20,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| WAREHSE. POWER/DISTRIBUTION | 0 | S.F. | 0.25 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.25 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| BATTERY CHARGER CONNEC CLOSE TO O | 0 | E.A. | 400.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 400.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| BATTERY CHARGER CONNEC far away | 0 | E.A. | 5,000.00 | 0.00 | E.A. | 0.00 | 0 | E.A. | 5,000.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| H.V.A.C. CONNECTIONS | 0 | S.F. | 0.20 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.20 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| FIRE ALARM SYSTEM | 0 | S.F. | 0.20 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.20 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| LOW VOLTAGE | 0 | S.F. | 0.75 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.75 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| TAMPER SWITCHES ONLY — NO WIRING/PAl | 0 | S.F. | 0.02 | 0.00 | S.F. | 0.00 | 0 | S.F. | 0.02 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 23,200 | 0 | 23,200 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
GENERAL CONDITIONS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| GENERAL CONDITIONS | 6.0 MO. | 1 | L.S. | 92,275.00 | 92,275.00 | L.S. | 0.00 | 0.00 | 1 | L.S. | 92,275.00 | 92,275.00 | ||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 92,275 | 0 | 92,275 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
BUILDERS RISK INSURANCE & PERMITS & FEES AND TESTING | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| PERMIT & FEE | BY OWNER | L.S. | 0.00 | 0.00 | L.S. | 0.00 | 1 | L.S. | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| SITEWORK PERMITS & FEES | BY OWNER | L.S. | 0.00 | 0.00 | L.S. | 0.00 | 1 | L.S. | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| BUILDERS RISK INSURANCE | BY OWNER | L.S. | 0.00 | 0.00 | L.S. | 0.00 | 0 | L.S. | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| ARCHITECTURE & ENGINEERING | BY OWNER | L.S. | 0.00 | 0.00 | L.S. | 0.00 | 0 | L.S. | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| PERFORMANCE BOND | BY OWNER | L.S. | 0.00 | 0.00 | L.S. | 0.00 | 0 | L.S. | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| TESTING/INSPECTIONS | BY OWNER | L.S. | 0.00 | 0.00 | L.S. | 0.00 | 0 | L.S. | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
| FIRE & EXTENDED COVERAGE INSUI | BY OWNER | L.S. | 0.00 | 0.00 | L.S. | 0.00 | 0 | L.S. | 0.00 | 0.00 | ||||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 0 | 0 | 0 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
CONTRACTORS FEE | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| GEN.CONTRACTOR’S FEE | 5.0% | 1 | L.S. | 1,125,735.40 | 56,286.77 | L.S. | 1 ,695,390.00 | 84,769.50 | 1 | L.S. | 2,821,125.40 | 141,056.27 | ||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 56,287 | 84,770 | 141,056 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
GENERAL LIABILITY INSURANCE | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| LIABILITY INSURANCE | ##### | 1 | L.S. | 1,182,022.17 | 12,647.64 | L.S. | 1,780,159.50 | 19,047.71 | 1 | L.S. | 2,962,181.67 | 31,695.34 | ||||||||||||||||||||||||||||||||||||||||||||||
SUBTOTAL | $ | 12,648 | 19,048 | 31,695 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
TOTAL COST | $ | 1,194,670 | 1,799,207 | 2,993,877 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 011110 Danner TI - DP Building Option | 9 of 10 |
EXHIBIT B
| GENERAL CONDITIONS | PROJECT LENGTH | 3.0 | MONTHS |
| QUANTITY | MATERIAL | LABOR | TOTAL | |||||||||||||||||||||||||
| GENERAL CONDITIONS | UNIT | UNIT | COST | |||||||||||||||||||||||||
| PROJECT TRAILER | 3.0 | MO | 400 | 1,200 | 25 | 75 | 1,275 | |||||||||||||||||||||
| PRIVY | 3.0 | MO | 350 | 1,050 | 0 | 0 | 1,050 | |||||||||||||||||||||
| TRUCKING | 3.0 | MO | 350 | 1,050 | 350 | 1,050 | 2,100 | |||||||||||||||||||||
| SUPERVISION | 15 | WKS | 3,000 | 45,000 | 0 | 0 | 45,000 | |||||||||||||||||||||
| FIELD ENGINEER | 0 | WKS | 700 | 0 | 1,500 | 0 | 0 | |||||||||||||||||||||
| TELEPHONE | 3.0 | MO | 600 | 1,800 | 0 | 0 | 1,800 | |||||||||||||||||||||
| TEMP POWER | 3.0 | MO | 500 | 1,500 | 0 | 0 | 1,500 | |||||||||||||||||||||
| TEMP LIGHTING | 1 | LS | 1,500 | 1,500 | 0 | 0 | 1,500 | |||||||||||||||||||||
| TEMP POWER SET-1 | 1 | LS | 1,500 | 1,500 | 200 | 200 | 1,700 | |||||||||||||||||||||
| WATER | 3.0 | MO | 150 | 450 | 0 | 0 | 450 | |||||||||||||||||||||
| GAS & OIL | 3.0 | MO | 500 | 1,500 | 0 | 0 | 1,500 | |||||||||||||||||||||
| SAFETY & FIRST AlD | 1 | LS | 1,500 | 1,500 | 0 | 0 | 1,500 | |||||||||||||||||||||
| PROJECT SIGN | 1 | LS | 450 | 450 | 200 | 200 | 650 | |||||||||||||||||||||
| PROJECT PHOTOGRAPHY | 3.0 | MO | 250 | 750 | 0 | 0 | 750 | |||||||||||||||||||||
| BLUEPRINTS | 1 | LS | 1,500 | 1,500 | 0 | 0 | 1,500 | |||||||||||||||||||||
| PRE-CONSTRUCTION | 1 | WKS | 3,000 | 3,000 | 0 | 0 | 3,000 | |||||||||||||||||||||
| PROJECT MANAGER | 9.0 | WKS | 3,000 | 27,000 | 0 | 0 | 27,000 | |||||||||||||||||||||
| 90,750 | 1,525 | 92,275 | ||||||||||||||||||||||||||
| 011110 Danner TI - DP Building Option | 10 of 10 | 1/22/2010 |