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Home My WebLink AboutCity of Tamarac Resolution R-2019-035TR #13250 May 1, 2019 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019 - -5 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THAT CERTAIN ASSIGNMENT OF CONSTRUCTION AGREEMENT BY AND BETWEEN AD 1 TAMARAC HOTELS, LLC, THE MARKER GROUP, LLC AND THE CITY OF TAMARAC, FOR THE ACCEPTANCE OF THE ASSIGNMENT OF THE CONSTRUCTION CONTRACT, AUTHORIZING THE CITY MANAGER TO APPROVE NON -MONETARY AMENDMENTS TO THE CONSTRUCTION CONTRACT; AUTHORIZING THE CITY MANAGER TO APPROVE LINE ITEM CHANGE ORDERS WITH THE APPROVED BUDGET; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac approved a Settlement and Release Agreement with AD 1 Management, Inc. (AD 1) on May 8, 2019, a copy of which is attached as Exhibit "1 ", providing for the termination of the Construction Agreement, as amended, between the City of Tamarac and AD 1 Management, Inc. that was approved on April 12, 2017; and WHEREAS, included in the Settlement and Release Agreement is a section providing for the assignment and assumption of the Marker Agreement between AD1 Management, Inc. and The Marker Group, LLC; and WHEREAS, the Assignment of Construction Agreement, attached as "Attachment 1" hereto, pertains to that certain: (i) Standard Form of Agreement Between Owner and Contractor (AIA Document A102 - 2017), made as of the 23' day of May in the year 2018 Exhibit "2" (the "Clubhouse Standard Form Agreement"), by and between AD 1 Tamarac and The Marker Group, LLC, a Florida limited liability company ("Marker"), and (ii) General Conditions of Contract for Construction (AIA Document A201 - 2017) Exhibit "Wdby and between AD 1 and Marker ancillary to the Standard Form Agreement (the "Clubhouse General Conditions" and the Standard Form Agreement, as amended, modified and assigned by the Marker Assignment, the TR #13250 May 1, 2019 Page 2 "Marker Clubhouse Agreement"); and WHEREAS, AD1 Management, Inc. and the Marker Group, LLC are agreeable to an assignment and assumption of the Marker Clubhouse Agreement; and WHEREAS, the Directors of Financial Services and Public Services recommend that the appropriate City Officials execute the Assignment of Construction Agreement, and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the execution of the Assignment of Construction Agreement by and between the City of Tamarac, AD1 Management Inc. and The Marker Group, LLC providing for the City of Tamarac's Acceptance of the Marker Clubhouse Agreement, copy of said Assignment of Construction Agreement is included herein as Exhibit 1" (attached hereto, incorporated herein, and made a specific part thereof). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA.- SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: It is hereby found and determined that the authorization to execute the Assignment of Construction Agreement by and between the City of Tamarac, AD1 Management, Inc. and The Marker Group, LLC, is in the best interest of the City of Tamarac and the residents and businesses located within the described area. TR #13250 May 1, 2019 Page 3 SECTION 3: The appropriate City officials are hereby authorized to execute the Assignment of Construction Agreement by and between the City of Tamarac, AD1 Management, Inc. and The Marker Group, LLC, a copy of said Agreement is attached hereto as Exhibit "1 ". SECTION 4: The City Manager is hereby authorized to amend the Construction Contract, from time to time, but only for minor non -monetary changes or modifications consistent with the tenor of the original approval by this City Commission. SECTION 5: The City Manager or his designee is hereby authorized to approve line item Change Orders within the approved budget and close the contract, which includes but is not limited to making final payment and release bonds per Section 6-149 of the City Code when work has been successfully completed within the terms, conditions, and pricing of the Contract. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. "The remainder of this page is intentionally left blank" 1 TR #13250 May 1, 2019 Page 4 PASSED, ADOPTED AND APPROVED this day of , 2019. ATTEST: PATRICIA CITY CLERK 1144A �z MICR LLE J. GOM Z, klAYOR RECORD OF COMMISSION VOTE - MAYOR GOMEZ DIST 1-. COMM. BOLTON DIST 2: COMM. GELIN f �� DIST 1 COMM. FISHMAN DIST 4- V/M PLACKO I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN, CITY ATTORNEY 1 ASSIGNMENT OF CONSTRUCTION AGREEMENT THIS ASSIGNMENT, dated this day of 2019, by and between: AD1 TAMARAC HOTELS, LLC, a Florida limited liability company, authorized to do business in the State of Florida, with a post office address of 1955 Harrison Street, Suite 200, Hollywood, FL 33020, hereinafter referred to as "Assignor". and THE CITY OF TAMARAC, a municipal corporation organized and operating under the laws of the State of Florida, with an address of 7525 NW 88`h Avenue, Tamarac, Florida 33321, hereinafter referred to as "Assignee", and THE MARKER GROUP, LLC, a Florida limited liability company, authorized to do business in the State of Florida, with a business address of: 226 Southeast 12'h Ave, Fort Lauderdale, FL 33301, hereinafter referred to as "Contractor". WITNESSETH WHEREAS, on May 23, 2018, Assignor entered into a Construction Agreement with The Marker Group, LLC (the "Contractor"), for the construction of a country club and cart barn at Colony West Golf Club located on 6800 NW 88`h Avenue, Tamarac, Florida 33321 (hereinafter the "Agreement"), a copy of the Agreement is attached hereto as Exhibit "A"; and, WHEREAS, Assignor desires to assign its interest and rights in the Agreement to Assignee; and, WHEREAS, pursuant to Section 13.2.1 of the General Conditions of the Agreement, the Contractor must consent to the assignment of the Assignor's interests in the existing Agreement; and, NOW THEREFORE, in consideration of the covenants, conditions and agreements contained in the above referenced documents and for the sum of TEN AND NO/100 ($10.00) DOLLARS and other lawful consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. The recitations set forth in the above "WHEREAS" clauses are true and correct and incorporated herein by this reference. SECTION 2. Effective as of the date on which each of Assignor, Assignee and Contractor (00291880.12704-9499232) Page 1 Of 5 shall have executed this Assignment, Assignor hereby assigns all of its interest, rights and obligation in the Agreement identified as Exhibit "A" to the Assignee. SECTION 3. Assignee hereby unconditionally accepts the assignment, conveyance and transfer by Assignor of all of Assignor's rights, title and interest in and to the Agreement and hereby assumes the obligations of Assignor as required by and in accordance with the terms of the Agreement. SECTION 4. Assignee and Contractor agree that the Guaranteed Maximum Price as set forth in Exhibit "A" is to be renegotiated due to the delay, more than sixty (60) days from May 25, 2018, in the project pursuant to the Qualifications and Assumptions in Exhibit "F", paragraph 50, to the Contract. Further, the Commencement of the Work as set forth in Section 4.1 shall be suspended until such time as the Guaranteed Maximum Price is mutually agreed upon and work begins on the Colony West Clubhouse. SECTION 5. The Contractor consents to the assignment of Assignor's interests in the existing Agreement identified as Exhibit "A" to Assignee. SECTION 6. This Assignment shall be governed by the laws of the State of Florida. [Signature pages follow.] (00291880.12704-9499232) Page 2 of 5 IN WITNESS OF THE FO teGOING, I have set my hand and official seal at in the State and County aforesaid on this '� day of t( , 2019. Notuy Pu;Nic State of Florida ?� •St Gisela levy •4 �'?f:, L° My Cruniaaion f•F 232550 EXG:fa:• 05115!2013 A) ATTEST: NOTARY PU IC (Name of Notary Typed, Printed or Stampe ) ASSIGNEE: CITY OF TAMARAC BY: PAT TEUFEL, MIC14AEL C. CERNECH CITY CLERK CITY MANAGER APPROVED AS TO FORM CITY ATTORNEY (00291880.12704-9499232) Page 3 of 4 The undersigned Contractor hereby consents to the Assignment of Construction Contract. CONTRACTOR: THE MARKER GROUP, LLC WITNESSES BY: Print Name: M ara(,( -i f H aq G(n f avvcK Title: Tas I � STATE OF ) ss: COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of THE MARKER GROUP, LLC, an organization authorized to conduct business in the State of Florida, and acknowledged execution of the foregoing Agreement as the proper official of THE MARKER GROUP, LLC, for the use and purposes mentioned in it and affixed the official seal of the limited liability company, and that the instrument is the act and deed of that limited liability company. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this Q day of , 2019. Erica McCalla Y P �2Q�U'�%f, COMMISSION�GG�2021 =* �' Bonded ThN Aaron Npt2nt «i� C C m 1101 (Name of Notary Typed, Printed or Stamped) (00291880.12704-9499232) Page 4 of 4 .� M P` A C ATTEST: ��_ SIGNEE: LITY OF TAMARAC AT TEUFEL, MICHAEL C. CERNECH CITY CLERK CITY MANAGER APPROVED AS TO FORM xm'4, Ay", (' ! n C I ATTO EY ' a , (00291880.1 2704-9499232) Page 4 of 5 ;..AIA Document A102TM20'I7 Standard Form of Agreement Between Owner and Contractor where the basis Of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 23rd day of May in the year 2018 (In irords, indicate da% month crud year.) ADDITlON9 AND 13ELETIONS: BETWEEN the Owner: � The author of this document has (Name, legal stalttd, address and other information) added r added information needed for its r its Ale Tamarac Hotels, LLC tlo The author may so ODMplhave Alex Fridzon revised the text of the original 1955 Harrison Street, Suite 200 AIA standard form. An Addglons and DeletlonsReport tha(notes added Hollywood, Florida 33020 Information as well as revlsions to and the Contractor, the standard form text Is available from the author and should be (Name, legal stattis, address and other information) reviewed. A vertical tine In the left margin of We docurneht Indicates The Marker Group, lk where the author has added dlb/a Marker Construction Group necessary information and where 226 SE 12th Avenue the author has added to or deleted Fort Lauderdale, Florida 33301 from the original AIA text. CGC 058557 This document has Important legal for the following Project: consequences. Consultation with an (Warne, location and detailed description) attorney is encouraged with respect to Its completion or rnodilicatlon. Country Club & Cart Barn at Colony West Golf Club The parties should complete 6800 NW 88th Avenue A102--2017, ExNbll A, Insurance Tamarac, Florida 33321 and Bonds, contemporaneously with New two (2) story golf clubhouse and (1) story pre-engineered cart barn this Agreement, AIA Document A201 TM-2017, General Conditions The Architect: of the Contract for Construction, Is (Warne, legal status, ad&ws and other information) adopted In this document by reference. Do not use with other DLW Architect general condillons unless this David Wallace document is modified. 2020 NE 163rd St North Miami Beach, Florida 33162 The Owner and Contractor agree as follows. Ink AIA Dooumant A102" — 2017, Copyright o 1920. 1026. 1961,1960, 1961, 19b3, 1067, 1974, 1978. 1987. 1997, 2007 and 2017 by The American Institute of facts. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized r� ► roductlon or distribution of this AIA* Document, or any portion of It, may reauft In severe civil and criminal penalties, and will be prosecuted to the aArnum extent possible under Uu law, This document was produced by AIA software at 113:36:67 on 05/23/2016 under Order No. 6009333726 which { expires on 07110/2018, and is not for resale. User Notes: (313BADA22) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 RELATIONSHIP OF THE PARTIES 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5 CONTRACTSUM 6 CHANGES IN THE WORK 7 COSTS TO BE REIMBURSED 8 COSTS NOT TO BE REIMBURSED 9 DISCOUNTS, REBATES AND REFUNDS 10 SUBCONTRACTS AND OTHER AGREEMENTS 11 ACCOUNTING RECORDS 12 PAYMENTS 13 DISPUTE RESOLUTION 14 TERMINATION OR SUSPENSION 15 MISCELLANEOUS PROVISIONS 16 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated heroin. 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. An enumeration of the Contract Documents, otter than a Modification, appears in Article 16. 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 host and confidence established by this Agneement 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 fumish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the AfA Dooumant A1o2'm — 2017. Copyright ®1920, 1926, 1961, 1958, 1961, 1983, 1997, 1974, 1976, 1967, 1997, 2007 and 2017 by The American tnsfituta of tnit, Architects. AN rights reserved. WARNING: This AfAe Document is protected by U.S, Copyright Law and Intemationei Treaties, Uosuthorized Z reproduction or distribution of this AIAd' 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 13:36:67 on 05/23/2018 under order No. 6009333726 which expires on 07l1ol2018, and Is not for resale. User Motes. (389ADA22) Owner's interests. The Owner agues to furnish and approve, in a timely manner, information required by Cite 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 § 41 The date of commencement of the Work shall be: (Check one of the following boxes.) (] The date of this Agreement. (] A date set forth in a notice to proceed issued by the Owner. [ X ] EstabIished as follows: (Insert a date or a means to deler mine the date of commencement of the Ifork.) The Date of Commencement of the Work will be ten (10) business days after receipt by Contractor of the latest of the following: 1) Signed & sealed executed prime Contract between Owner and Contractor. 2) Proof of financing fi-ont lending institution, 3) Original copy of "Builder's Risk" and/or "All Risk" Insurance policy naming Contractor as additional insured. 4) Original copy of recorded Broward County Notice of Commencement by Owner. S} A project mobil' �ion fee in th amount of one hundred thousand dollars ($ 100,000.00) will be due prior 4o mobilization. (wilt IJ11 1 a tl�tS3� �-w ene7t1 Ct�'rld.i}7Uhs ((S 6, (.t v)d ale k, lhvelfe, 6) Issuance of main building permit, t�� Su�St'/�veirlt- pct.�j vPqvisrYlvY? wltt beNrt!-�� irr e (,al If a date of commencement of the Work is not selected, t ri the date of commencement shall be the date of this t�� m� 1 1 Agreement. �e. 10al-g0te t'�GI vn i�l>t § 4.2 The Contract Time shall be measured from the date of commencement of the Work. 1 I t1 � I r-e ro � �}� C Ern�-- § 4.3 Substantial Completion 1:m § 4.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the neeesseny information.) ( X ] Not later than 18 months or ( 548 ) calendar days from the date of commencement of the Work .Cart Barn - S 1/2 months / Country Club Structure - 12 1/2 months and shall be supported by approved critical path contract schedule. Contract Time / Substantial Completion. The Work, as defined in the Contract Documents, shall be substantially completed, as defined herein, in accordance with the t' a fi-ames set forth in the approved Progress Schedule, excluding Inclement Weather Delays,,Zdays•, Ins lion Delays (not re -inspections), and Named Storm Down Time (as defined below) LU,� Substantial Completion shall include, without limitation, the issuance of one of the following: a) a "Temporary" Certificate of Occupancy, or similar, b) a "Final" Certificate of Occupancy, or c) a Certificate of Completion issued by the governing authority, whichever comes first. Contractor shall prepare for Architect review and Owner acceptance, a procurement schedule for items that must be ordered well in advance of construction, The Contractor shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of Construction. Should the construction duration exceed past the mutually agreed upon critical path Contract Schedule for reasons beyond the Contractor's control, the Contractor should be entitled to General Conditions prorated daily per the stipulated amount. Innnelement Weather Delays" shall mean delays (excluding named storm down time) when Contractor, in its reasonable discretion and in accordance with the general construction standards in the Southeast Florida region, cannot perform the Work due to rainfall a• inclement weather, or ongoing saturation from a prior weather event prevent works on the immediate following day_ Init ooeamentA197Ta —2017. CopyrlQhl01920, i82b, 1951, t958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of ehlleda. All rights reserved. WARNING: This AIA- Document Is protected by U.6, Copyright Law and International Treaties Unauthorized �.+ reproduction ar distribution efthis AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and Wal be prosecuted to the % mexlmum extent possible under the law. This document was produced by AAA softwareet 13 36:67 on 05/23/2016 under Order No. 8009333726 which { �expires on 07/1Of=8, and Is not for resale. User Notes; (3B9ADA22) "Named Storm Down Time" shall mean time during which Contractor, in its reasonable discretion an in accordance with general construction standards in the Southeast Florida region, cannot reasonably perform the work due to a named storm ("Named Storm") which is the subject of a watch or warning, and/or the project lies within the forecasted impact zone of such storm. The days which a) the Named Storm occurs, b) Work cannot reasonable performed by the Contractor due to Named Storm and its after math, and c) Contractor is preparing for Named Storm in conformance with governmental and local requirements, or industry standards. "Inspection Delays" shall mean delays arising from governmental or owner third party inspections (excluding re - inspections), which inspections prevent Contractor from proceeding with any and all Work. Such requests must also be documented by a screen shot of the online proof after inspection has been call in. "Holidays" shall mean bank holidays end all municipality based closed days recognized in the South Florida region. Contractor shall makes best efforts, in good faith, to make up for and/or mitigate the effect of the delays. The Owner and/or Owner's Agent shall prepare a written punch list within fifteen (15) calendar days of Substantial Completion. The Contractor shall not be responsible for any delays in service or contract schedule caused by utility companies such as, but not limited to, gas, electric, water, cable television, and communications, and shall be entitled to additional daily General Conditions if a time delay is incurred through no fault of the Contractor, Contractor and Owner shall cooperate and coordinate with Owner to cause such utilities to be set up at the project as quickly and efficiently as possible, § 4.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 4.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 4.3, liquidated damages, if any, shall be assessed as set forth in Section 5.14 ARTICLE 5 CONTRACT SUM § 6.1 The 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., § 5.1,1 The Contractor's Fee: (Slate a lump slim, percentage of Cost of the 1•Yorlti or other provision for determining the Contractor's Fee.) The Contractor`s lump sum Fee shall be equal to six percent ( 6 a/o) of the Cost of the Work or ( $ 460,330,00) four hundred sixty thousand, three hundred thirty dollars. The Contractor's Lump Sum General Conditions is ($ 455,332.00) four hundred fifty five thousand, three hundred thirty two dollars. The combined 1) Fee and 2) General Conditions ,shall be payable in eighteen (18) equal monthly payments of fifty thousand, eight hundred and seventy one dollars ( $ 50,871.00), without retainage, starting the fust month of construction or upon mobilization. The 3) Lump Sum Insurance of ($ 77,941.00) seventy seven thousand, nine hundred forty one dollars, and 4) Lump Sum Bond Costs of ($ 61,357.00) sixty one thousand, three hundred fifty seven dollars, shall be billed in full upon contract execution or a minimum of thirty (30) days prior to mobilization and shall not be subject to retainage. § 5.1.2 The method of adjustment of the Contractor's Fee for changes in the Work: /nit AIA Document Aioltm — 2017. Copyrot® 1920, 1926, 1951, 1988, 1981, 1963, 1967, 1674, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U,$, Copyright Law and International Treattes. Unauthorized reproduction or dlstrlbutron of this AIAO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 4. maximum extent possible under the taw. This document was produced by AFA sothvars at 13:36:67 on 05/23t201e under order No, 0009333726 which exp1ree on 0711012018, and Is not for resele. User Notes: (389ADA22) The Contractor shall be entitled to ten percent (10%) fee In addition to the Cost of the Work for all approved changes to the GMP, additional Bond and Insurance costs as per Article 741, and additional daily General Conditions per calender day of ($ 2,701.00) two thousand, seven hundred and one dollars (if additional time is required for the change) for all approved changes in the work, nor will the Contractor's fee, insurance , or bonds, be reduced for reductions in the scope or GMP value. § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work, § 5.1.4 Rental rates for Contractor -owned equipment shall not exceed One hundred percent ( 100 %) of the standard rental rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify the item and state the fmh price and quantity limitations, if any, to which the unit price will be applicable.) item Units and Limitations Price Per Unit ($0.00) § 5.1.6 Liquidated damages, if any: ()%sert te?7rts and conditions for liquidated damages, (rang) If the Contractor faits to Substantially Complete the Work within fifteen (15) days after the agreed upon date of Substantial Completion set forth in this Agreement (as adjusted by written change order), the the Contractor agrees to pay the Owner, as liquidated damages, the sum of $ 1,000.00 per work day until Substantial Completion of the Work is actually achieved. Such amount is agreed upon as a reasonable measure of the Damages that the Owner will sustain from the Contractors failure to timely complete the work. Owner and the Contractor recognize the delays, expense and difficulties involved in providing in an arbitration or judicial proceeding the actual loss suffered by the Owner if the Work is not completed on time and accordingly, instead of requiring such proofs, they agree upon the above -stated amount as liquidated damages for delay (but not as penalty). The foregoing liquidated damages shall be in lieu of all monetary remedies that the Owner shall have in the event of the Contractor's delay in completing the Project. Notwithstanding the foregoing, in no event shall the total liquidated damages exceed an amount in excess of fifty (50%) of Contractors total fee. § 5,1.7 Other: (7nser4 provislom for bonus, cart savings or other incentives, if any, that might result In a change to the Contract Sum) Early Completion Bonus: If the Contractor Substantially complete the work more than fifteen (15) days prior to the scheduled dates of Substantial Completion, Contractor shall receive an "Early Completion Bonus" in the amount of $1,000 per calendar day for each day completion is achieved in excess of fifteen (15) days, not to exceed $30,000 § 5.2 Guaranteed Maximum Price § 6.2.1 The Contract Sum is guaranteed by the Contractor not to exceed Eight million one hundred ninety three thousand, eight hundred fifty two dollars ($ 8,193,852.00 ), subject to additions and deductions by Change Order as provided in the Contract Documents. This 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. Upon Final Completion of the Work, if the Cost of the Work, plus the Contractor's Lump Sum Fees ( a) Contractor Fee, (b) General Conditions, (c) Insurance, & (d) Bonds) are less than the Guaranteed Maximum Prince (GMP), as adjusted in accordance with this Agreement, then the difference shall be considered "Savings". The "Savings" shall be allocated as follows: a) sixty percent (601%) to Owner, and b) forty percent (40%) to Contractor. Owner shall recognize contractor's share of Savings as additional compensation via change order at Final Completion of the Work and after all other payments are made in Final Payment to close the Project, All "Savings" will be placed into Intl Document A102TM — 2017. Copyrlpht O 1920, 1926,1961, 1966, 1061, 1963. 1967, 1974, 1976, 1967. 1997, 2007 and 2017 by The American Institute of Archlteds. AN rights reserved. WARNIINO: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any pottlon 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 13:36:57 on 06/23/2018 under Order No. 6009333726 which expires on 07/10/2018, and Is col for resole. User Notes: (3MDA22) Ini Qt, a "Contingency" line item to be used at the sole discretion of the Contractor for any purpose other than additions to General Conditions, Fees, Bonds, & Insurance Costs. § 6.2.2 Alternates § 51.2.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price § 5.2.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement, (Insert below each altermate and the conditions that must be met for the Olpmer to accept the altef7late) item Price § 513 Allowances, if any, included in the Guaranteed Maximum price: (Identify each allaipamee,) Item Price Clubhouse eurtred stairs $ 100,000.00 Site Lighting -Clubhouse & Cart Barn $ 155,000.00 Conditions for Acceptance § 5.2.4 Assumptions, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption.) see attached Exhibit T' - Quallfications & Assumptions This OW is based on construction starling per the attached Exhibit'D' - Project Schedule, and concurrent construction of the Fairfield Inn Hotel under separate contract with shared General Conditions and utilities that feed the buildings. Pricing is based on "shared" mobilization. § 5,2.5 § 5.26 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed - upon assumptions contained in Section 5.2.4. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed -upon assumptions contained in Section 5.2.4 and the revised Contract Documents. ARTICLE 6 CHANGES IN THE WORK § 6.1 Adjustments to the Guaranteed Maximum Puce on account of changes in the Work may be determined by any of the methods listed in Article 7 of AIA Document A201T"t-2017, General Conditions of the Contract for Construction. § 6.2 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201 2017, as they refer to "cost" and "fee," and not by Articles 5, 7 and 8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in Article 7 of AIA Document A20I 2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Contractor's Pee as defined in Section 5.1.I of this Agreement. § 6.4 If 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 MrM uocumenc gnus zv1r. copyngrd ra 1920, 1 S26, 1961. 1958, 1081, 1993, 1067, 1974, 1978,1987, 1097, 2007 and 2017 by The Atnerloan Institute or Archltecls. All rights reserved. WARNING; This AIAe Document Is protected by U.S. Copyright Lawand international Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe dull and criminal penalties, and WIN be proseouted to the maximum extent possible under the lew. This document was produced by AIA software at 13:38:67 an 06/2312010 under Order No. 6009333726 which expims on 07H0/2018, and Is not for resale. User Notes: (38PADA22) Article S 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 § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. The Cost of the Work shall include only the items set forth in this Article 7. § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior approval, the Contractor shall obtain such approval in writing prior to incurring the cost. § 7A.3 Costs shall be at rates not higher than the standard paid at the place of the Project, except with prior approval of the Owner, § 7.2 Labor Costs § 7.2.1 Wages or salaries 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. § 7.2.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site and performing Work, with the Owner's prior approval. A list of the same are attached hereto as 'Exhibit E', personnel included in the Contractor's Lump Sum General Conditions when stated at the site and personnel in the main or branch offices of the Contractor who perform activities directly related to the Project, including Contractor's project management staff and safety engineer at the main office when engaged in the performance of the Work under this Contract and usual vacation pay, incentive bonuses, profit sharing made by the Contractor to its superintendents, foreman, and managers on the Project with all such sums being included with the Lump Sump General Conditions in the GMP. § 7.2.2.1 Wages or salaries of the Contractor's supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (fdenfify the personnel, type of activlo� and, ifapplicable, any agreed upon percentage of tinte to be devoted to the Work) § 7.2,3 Wages or salaries of the Contractor's supervisory or administrative personnel engaged at factories, workshops or while traveling, 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. § 7.2.4 Costs paid or incurred by the Conti -actor, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments, and benefits and, for personnel not covered by collective bargaining 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. § 7.2.5 if agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. Init, AIA Ooeumont A102m— 2017. Copyrtght o 192o, 1926, 1951,1858, 1961, 1953, 1%7, 197A, 1978, 1987, 1997, 2007 and 2017 by The American Institute of All rights reserved. WARNING., This AIAe Document is protected by U.S. Copyright Law and International Trestles. Unaulhor;zed r oduellon or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and wilt be prosecuted to the / axlmum extent possible under the law. This document was produced by AIA sofhvare at 13:36:67 on 05/23/2018 under order No, 8000333726 which expbes on 07/1012018, and Is not for resale. User Notes: (389ADA22) It. P 1 § 7.4.2 Costs 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. § 7.5 Costs of Other Materials and Equlpment, Temporary Facilities and Related sterns § 7.6.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contracbr 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. § 7.5.2 Rental 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 the costs of transportation, installation, dismantling, minorrepairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Contractor, or a related patty as defined in Section 7,8, shall be subject to the Owner's prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris fi•om the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Contractor's site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract,including Builder's Risk if to be provided by the Contractor, ContTactor's General Liability Insurance, and the Contractors Bond pursuant to Florida Statute 713.245 which Contractor if required to purchase and maintain and/or Contractor requires. Such Contractor Bonds and Insurance shall be included as a lump sum line item in the cost of the work. § 7.6.1.1 § 7.6.1.2 § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Contractor is liable. § 7.6.3 Fees 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. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201 2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3, § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infi-ingement of patent rights arising from requirements of the Contract Documents, 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, unless the Contractor had reason to believe that the required design, process or product was an infringement of a copyright or a patent, and the Contractor failed to promptly furnish such information to the Architect as required by Article 3 of ATA Document AIA Document A192T — 2017. Copyright O 1920, 1926, 1961, 1958, 1981, 1963, 1067, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Archilects. All rights reserved. WARNING: This A,AO Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIAm Document, or any portion of It, may result In severe civil and criminal pena,ttes, and will be prosecuted to the max mum extent possible under the law. This document was produced by AIA software at 13:36:67 on 0612312018 under Order No, 0009333726 Which expims on 07/10=18, and Is not for resale, User Notes: (389ADA22) A201 2017. The costs of legal defenses, judgments, and settlements, shall not be included in the Cost of the Work used to calculate the Contractor's Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner's prior approval, § 7.6.7 All Costs of document reproductions and delivery chargesshall be provided by Owner or billed separately as a reimbursable item. § 7.6.8 Deposits lost for causes other than the Contractor's negligence or failure to fulfil a specific responsibility in the Contract Documents. § 7.6.9 Legal, 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. § 7.6.10 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, with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner's prior approval. § 7.7.2 Costs 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 Article 10 of AIA Document A201-2017. § 7.7.3 Costs 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 the negligence of, or failure to fulfill a specific responsibility by, the Contractor, and only to the extent that the cost of repair or correction is not recovered by the Contractor fi•om insurance, sureties, Subcontractors, suppliers, or others. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7,8, the teen "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Contractor; (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Contractor. § 7.8.2 If 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 file 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 in writing, 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 in writing, 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; InK. mA vooumamgloz ^—R91T, copyright 01wo, 1926, 1951, 195a, 1961, 1963, 1967, 1974, 197E, 1967, 1997, 2007 and 2017 by The American Institute of ,r Architects. AN rights reserved. WARNINf3: This AIAi° Document Is protected by U.S. Copyright Law and Internatlonai Treaties. unauthorized reproduction or distribution of this AIA- Document, or any portion of it, may result In severe civil and criminal ponaglas, and will be prosecuted to the / aximurn extant possible under the law. This document was produced by AIA software at 13:36:67 on 05/2312018 under order No, 6009333726 which expires on 07/10/2016, and Is not for resale. User Notes: (3B9ADA22) .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 .4 Overhead and general expenses, except as may be expressly included in Article 7; .5 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work; ,8 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, 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; .7 Any cost not specifically and expressly described in Article 7; and .8 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 § 9A Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included the amount to be paid, less such discount, 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. § 9.2 Amounts 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 § 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or 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, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Contactor shall deliver such bids to the Architect and Owner with all indication as to which bids the Contractor intends to accept. The Owner then has the right to review the Contractor's list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 10,1,1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Contractor of its responsibility to perform the Worts in accordance with the Contract Documents, The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Contactor; (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. If the Owner does elect to solicit their own Vendors/Suppliers, only with the approval of the Contractor, then 1) the Contractor shall be entitled to ten percent (10%) fee on the value of the item, as well any additional daily General Conditions as associated with additional time required (if any) with the trade/supplier, 2) Owner will furnish all adequate proposals, bills of sale, or invoices to the Contactor, 3) the Vendor and/or Supplier must provide adequate Insurances naming Contractor and its Subcontractors as additionally insured as a condition to working on site, and 4) attend a project specific safety orientation, Any delays caused by Owner's Vendors/Suppliers shall be subject to additional stipulated daily General Conditions, Bond, and Insurance costs. § 10.2 Subcontracts 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 Owner's prior written approval. If a subcontract is awarded on the basis of cost plus a fee, 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 wlth regard to the Contractor in Article 11. Intl. AIA Document A192-- 201T. Copydgbtm 1920, 1925, 1961, 1968, 1981, 1983, 1957, 1974, 1978, 1987, 1997. 2007 and 2017 by The American institute of Architects. All rt hts reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Una uthartzed 10 reproduction or distribution of this AIAe Document, or any portion of It, may result in severe clvif and crtminaI pone tiles, and will he prosecuted to the (`r(/CJ/f► Ji` / maximum extent possible under the law. This document was produced by AIA software at 13;36:57 on 051=010 under Order No. 8009333726 which 1 expires on 0711012018, and Is not for resale. User Notes: (3B9ADA22) ARTICLEII ACCOUNTING RECORDS Tire 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, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, 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. ARTICLE 12 PAYMENTS § 12.1 Progress Payments § 12.1.1 Based upon Applications for Payment submitted to the Architect by the Contiactor, 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, § 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 12.1,3 Provided that an Application for Payment is received by the Architect not later then the twenty fifth (25th) day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the fifteenth (15th) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certifed shall be made by the Owner not later than twenty (20 ) days after the Architect receives the Application for Payment. (Federal, stale or local laws may require payment within a certain period of line) Contractor has the right after seven (7) days written notice to Owner, to stop work if payment has not been made. Additionally, ifthe Owner fails to make payments for a period of thirty (30) days, the Contractor may, upon seven (7) additional days written notice to Owner, terminate the Contract and recover from Owner payment as set forth in this agreement. All payments made to Contractor shall be by electronic wire per'Exhibit Hwiring instructions, § 12.1.4 With each Application for Payment, the Contractor shall submit, receipted invoices or invoices , and industry standard evidence required by the Owner or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor's Fee. § 12.11A Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or Included in a Change Order; and (3) the Contractor's Fee. § 12.111 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 12.1,5.2 The allocation of the Guaranteed Maximum Price under this Section 12.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. lnit. AIA Document AI02 TM — 2017. Copyright m 192o, 1926, 1061, 1958, 1961, 196a, 1987, 1974, 1978. 1987, 1997, 2007 and 2017 by The American Institute of Arddtects. Ail rtyhts reserved. WARNING: Thla AIAe Document Is protected by U,S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIAO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the xlmum extent poselbie under the law, This document was produced by AIA software at 13:38:57 on 06123/2018 under DOW No, 8909333728 which �% xplroe on 07110/2018, and Is not for reside. UaeY t0otee: (3B9ADA22) § 12.1,53 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shalt submit supporting documentation to the Architect. § 12.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 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) die expense that has actually been incurred by the Contractor on account of that portion of the Work and for which the Contractor has made payment or intends to make 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. § 12,1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Contract Documents, (be amount of each progress payment shall be computed as follows: § 12.1.7,1 The amount of each progress payment shall first include: ,1 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 most recent schedule of values; .2 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 completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and § 12.1.7.2 The amount of each progress payment shall then be reduced by: A The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided ui Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201 2017; .5 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 .6 Retainage withheld pursuant to Section 12.1.8. § 12.1.8 Retalnege § 12.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retafnage from each Application for Payment. The amount of retainage may be limited by goi"wing Imp) § 12.1.0.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding ofretainage, such as general conditions, insurance, etc.) 1) General Conditions 2) Contractor Fee 3)Insurances 4) Bonds § 111.8.2 Reduction or limitation of retainage, if any, shall be as follows: Init. AIA Document A142T" — 2017. CopyrtghtA 1920, 1925, 1951, 1968, 1961, 1903, 1967,1974, 1978, 1987, 1997, 2007 and 2017 by The American Instilute of l Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treatise. Unaufhorized 1jf1 reproduction or dlstrlbut[on of this AIAm 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 13:36:b7 on 05/23/2018 under Order No. 6009333726 whlch expires on 07/10/2018, and Is not for resale. User Notes: (399ADA22) (If the retainage established in Section 12.1.91 is to be modified prior to Substantial Completion of the entire Work insert provisions for such modification) I No Retainage shall be withheld from progress payments to individual Subcontractor trades up to fifty percent (505/6) completion of that trade 'I °R((et age will be held from that point going forward pending Owner approval. § 12.1.8.3 Except as set forth in this Se�tn 12.1,8.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that Includes the retainage withheld from prior Applications for Payment pursuant to this Section 12.1,8. The Application for Payment submitted at Substantial Completion shall not include retainage. as follows: (Inserl ar(y other conditions for release of relainage, such as upon completion of the Owner's audit and reconciliation, upon Substantial Completion) § 12.1.9 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shal l pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 12.1.10 Except with the Owner's prior written approval, the Contractor shall not make advance payments to suppliers for nurterials or equipment which have not been delivered and suitably stored at the site. § 12.1.11 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage meld on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 12.1.12 In 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 such action shall not be deemed to be a representation that (1) 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; (2) that the Architect has made exhaustive or continuous on -site inspections; or (3) 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 ofthe Owner. § 12.2 Final Payment § 12.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract, except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; .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 in accordance with Section 12.2.2. § 12.2.2 Within 30 days of The Owner's receipt of the Contractor's final accounting for the Cost of (he Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 12.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors' findings to the Architect. § 12.2.2.2 Within seven days after receipt of the written report described in Section 12.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 12.2.1 have been met, the Architect will 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 Article 9 of AIA Document A20I 2017. The time periods stated in this Section 12.2.2 supersede those stated in Article 9 of AIA. Document A201-2017. The Architect is not responsible for verifying the accuracy of the Contractor's final accounting. IOtt AIA Document A102 TM - 2017. Copyright 0192o, 1925, 1951, 1050, 1981, 1963, 1967, 1974, 1978, 1987, 1097, 2007 and 2017 by The American institute of All rights reserved. WARNING: This AIA° Document Is protected by U,6. Copyright Law and international Treatles. Unauthorized ) 3 raduetion or distribution of this AIAO Document, or any portion of it, may result In severe civil and criminal penalllos, and will be prosecuted to the r•I t axtmum extent possible under the law, This document was produced by AIA software at 13!36,57 on 05/23/2018 under Order No. 6009333728 which expires on 07/10r2018, and Is not for reseia, User Notes: (389ADA22) § 12.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated by the Contractor's final accounting, is 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 Article 15 of AIA Document A20I 2017. 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. § 12.2,3 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 12.2.4 If, 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 for 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 adjustments to the Contract Sum are provided for in Section 5.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 12,2.4 in determining the net amount to be paid by the Owner to the Contractor. § 12.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located, (Insert rate of inter wi agreed upon, if any.) Prime plus 2 % ARTICLE 13 DISPUTE RESOLUTION § 13.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A201 2017, 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 mmne, address and other corllacl it1formadon of the Initial Decision Maker, (other than the Architect,} § 13.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ J Arbitration pursuant to Section 15 of AIA Document A201-2017 [ X ] Litigation in a court of competent jurisdiction THIS AGREEMENT SHALL BE INTERPRETED UNDER, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. (WITHOUT GIVING EFFECT TO FLORIDA'S PRINCIPLES OF CONFLICTS OF LAW), In the event a matter is in dispute and/or submitted to the Architect conditions that either (nit AIA Document A102" — 2017. CopydghtO 1920, 1925, 1961, 1958, 1981, 1963, 1987. 1974, 1970. 1907, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: This AIA° Document is proteoted by U.S. Copyright Law and Internatlonat Treaties. Unauthorized 1a reproduction or distribution of this AIAe Document, or any portion of It, may result In severe clvli and criminal penalties, and will be prosecuted to the maximum extent possible under the law_ This document was produced by AIA software at 13:36:67 on 05123WJO under Order No. 6009333726 which expires on 07110=18, and Is not for resale. User Notes: (369ADA22) the Owner or the Contractor disagrees with the non -binding decision of the architect, the Owner and Contractor agree as a condition precedent to further dispute resolution proceedings to mediate their dispute, All litigation and arbitration proceedings, as the case maybe, shall be held in Broward County, Florida and the parties waive all other venues. The Contractor and Owner herby irrevocably submits to this exclusive jurisdiction of any Florida or Federal Court sitting in Broward County. If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 14 TERMINATION OR SUSPENSION § 143 Termination § 14.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 2017. § 14.1.2 Termination by the Owner for Cause § 14.1.21 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201 2017, the amount, if any, to be paid to the Contractor under Article 14 of AIA Document A201 2017 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 S.I.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; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201-2017. § 14.1.2.2 The 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 14.1.2.1.1. 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. § 14.1.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201 2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount ofor method for deter7nini7g the fee, if arty, pa)lable to the Contractor following a ter•mirlatton for the Owner's convenience.} § 14.2 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017; in such case, the Guatanteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201-2017, except that the term "profit" shall be understood to mean the Contractor's Fee as described in Article 5 and Section 6.4 of this Agreement. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents, Init AIA Document A1027e — 2017, Copydghl O 1920, 1925, 195i, 1968, 1961, 1963, 1967, 1974, 1978, 19B7, 1997, 2007 and 2017 by The Amerlran Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treatias. Unauthorized 1 roduetlon or distribution of this AIAe Document, or any portion of It, may result in severe civil and erimlnal penalties, and will ba prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 13:36:67 on 05t2312018 under Order No, 6009333726 which expires on 07110t2ota, and to not for resale. User Notes: (389ADA22) § 15.2 The Owner's representative: (Wame, address, entail address and other blforniation) Gilberto Sanchez AD Global 1955 Harrison Street Hollywood, Florida 33020 (954) 593-8252 office § 15.3 The Contractor's representative: (Name, address, entail address and other information) Robert S. Fish, Vice President- Commercial Group Samantha Vincenty , Project Executive 226 SE 12th Avenue Fort Lauderdale, Florida 33301 Rfish@markerfl.com, Svincenty@markerfl.com § 15.4 Neither the Owner's nor the Contractor's representative shelf be changed without ten days' prior notice to the other party. § 15.5 Insurance and Bonds § 16.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A 1027 -2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 15.5.2 The Contractor shall provide bonds as set forth in AIA Document A I027AL-2017 Exhibit A, and elsewhere in the Contract Documents. § 16.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203TI't-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (1f other than in accordance with A.0 Document E203-2013, insert requirements for delivering notice in electronic format such as name, title, and entail address of the recipient and whether and how the system ivill be required to generate a read receipt for the transmission) § 15.7 Other provisions: Notwithstanding Article 1, in the event of a conflict between any of the Contract Documents, the Contract Documents shall have the following order of priority: Ist Exhibit'F' written Qualifications & Assumptions 3rd Change Orders and/or Change Directives 4th Exhibit'B' Schedule of Values 5th this Agreement 6th Exhibit'A' Insurance and Bonds provisions 7th Exhibit'C' Drawing Log 81b Exhibit 'D' Project Schedule 9th all other Contract Documents, including exhibits hereto (unless otherwise prioritized above). Should the Owner or Agents choose to employ any representative of Contractor, the Contractor shall be compensated an amount equal to three (3) times that employees overall annual salary. Init. AIA nocument A10211-2017. Copyright m le20, 1,926, 1961, 1968, 1961. 1963, 1967, 1974, 1970, 1987. 1997, 2007 and 2017 by The American Institute of Architecia. AN rights roeerved. WARNING: This AIAe Document Is protected by US. Copyright Law and Infernatlonal Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 1 S maximum extent possible under the law. This dooumenl was produced by AIA software at 13:36:57 on 06123/2018 under Order No. 6009333726 which tr '� expires on 07/10/mis, and Is not for waale. C� (leer Notes; (3B9ADA22) ............................ . ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENT'S § 16.1 This Agreement is Comprised of the fallowing documents: A AIA Document A 102T"L-2017, Standard Fofni of Agreement Between Owner and Contractor .3 AIA Document A20ITM-2017, General Conditions of the Contract for Construction .4 (Insert the date ofthe E203-2013 fucotporated into this Agreement.) .5 Drawings Number Title Date see attached Exhibit'C' Drawing Log A Specifications Section Title Date Pages .7 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 16. .B OtherExhlbits: (Check all boxes that apply.) Exhibit A Insurances a- hibit 'B' Schechrle of Mahres &hibit 'C' Drcni ing Log Exhibit 'D' Project Schedule Exhibit 'E' 2018 Stgff Rates WWI 'F' Quat{f cations & Asstonptions Exhibit 'G' WhIng Instructions ] AIA Document E204T"t-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] 'The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Coutraot: Document Title Date Pages ,9 Other documents, if any, listed below: Init AIA Document A102Tm-2017. Copyright O 1920, 1926, 1961, 1968, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 20D7 and 2017 by The American Institute or Awhilecta. AN rights reserved. WARNING: Thla AIAe Document Is protected by U.S. Copyright Law and International Treat(ac Unauthorized 1 reproduction or distribution of this AIA* Document, or any portlon or it, may result In severe olvll and criminal penalfles, and will be prosecuted to the a "'n" extent possible under the Jaw. Thfs document was produced by AIA software at 13:36:57 on 06/2312018 under order No, 6000333726 which expires on 07110/2018, and Is not for resale. Usor Notaa: (3B9ADA22) (List here any additional documents that are intended to form part of the Contract Documents. A1A Document A201-2017 provides that the aAw isement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, pol7lons of Addenda relating to bidding or proposal requirements, and other inforynation fufr'nished by the Owner in anticipation ofreceiving bids or proposals, are not part of the Conti -act Docuntents unless enumerated in this Xgreement Any such documents should be listed here only if intended to be part of the Contract Documents,) This Agreement entered into as of the day and year first written above, r CO-f c� R (S'ignatur ) E Alex Fridzon W. Grey Marker 11 President (Printed name mud title) (Printed name and title) Init. AIA DocumentA102r" - 2017. Copyright® 1920, 1925, 1961, jobs, 1961, 1963, 1967, 1974, 1976, 1967, 1997, 2007 and 2017 by The American Institute of Archkacts, All rlsftte mservad. WARNING: This AIA° Document (a protected by U,S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AtAe Document, or any portion of It, may result In severe civil and criminal panatttes, and will be prosacutad to the 8 t maximum extent possible under the law. This document was produced by AIA software at 13:36:67 on 06r13t2016 under Order No. 6009333725 which expires on 0711012010, and Is not for resets. User Notes: (399ADA22) R�' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 6/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the policypes) must be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement c . PRODUCER Bateman Gordan and Sands 3050 North Federal Hwy Lighthouse Point FL 33064 CONTACT : JAFC, No- PHONE 954-941.0900 P' . 954-941-20M a 1L . kdunnABGSftency.com INSURER(S) AFFORDING COVERAGE NAIC It INSURER A: Amertsure Partners Insurance Gompany 11050 _ TheRMarker Group, LLC THEMA2 d/Wa Marker Construction Group INSURER a t AmeriSure Insurance Co. 19488 INSURER C : Kinsale Insurance CompaqCompaqy 38920 INSURERO: 226 SE 12th Ave Fart Lauderdale FL 33301 INSURERS: WSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WLTR SR TYPE OF 1N3URANCS Ablffi POLICY NUMBER POLICY EFF PXfY LIMITS a GENERAL LIABILITY Y Y GL20703740ool 8f2012017 620201a EACHOCCURRENCE $4000000 ERCIALGENERALLt"ILITY 6A"— PREMISES ft o ❑ $ too 000 Q OCCUR a P�TCLAJMS-MADE MED EXP An one sraon $6,000 PERSONAL. & ACV INJURY $ 2,000.000 GENERALAGGREGATE 32,000,000 GENT- AGGREGATE UWT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2, 000 X POLICY P LOC S A AUTOMOBILE LJABS.ITY Y Y CA20703730706 W012017 artomill COMEBINE SINGE IT X 000 0! BODILY INJURY(Per parson) $ ANYAUTO ALL OWNED SCHEDULED BODILY INJURY (Per owdent) $ AUTOS AUTOS -OWX HIRED AUTOS X SOS PROPS r TY DAMAGE S $ C UMBRELLA UAB OCCUR Y o1DD0628020 8=017 620l201e EACH OCCURRENCE $8,000.000 X EXCESS UAB CLAWS -MADE AGGREGATE Sa,000,000 DED RETENTIONS S B WORKER13COMPENSATiON AND EMPI 0YER5' LIABILrTY Y VoWO703750701 e/2020f7 820/20ie WC OTH- X STATU- YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICE OAEMBEREXCLUDED? ❑N NIA E.L. EACH ACCIDENT $1,000.000 E,L. DISEASE - EA EMPLOYEE $ 1,0M.000 (Mandatory In NH) Kyyeeqq deaalbe Under E.L. DISEASE - POLICY LIMIT S 1 000 0D0 DESCRIPTION OF OP ERATIOW DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHach ACORD 101, Addldanal Renarka S,hadule' IF mare space 1a req:9red) DOCUMENT IS NOT COMPLETE UNLESS ACCOMPANIED BY THE ACORD 101. General Liability: Additenal Insured /Primary & Non-Contribuioty f On -Going and Completed Operations, as required by written contract, per CG7040 1015. Waiver of Subrogation as required by Written contract, per CG7049 1109. 30 Days Notice of Cancellation other than non-payment of premium per Form IL 70 74 0116 Auto Liability: Additional Insured I Waiver of Subrogation as required by written contract, per CA7171 0508, Workem' Compensation: Waiver of Subrogatfon as required by written contract, per WC000313. See Attached... ADI Tamarac Hotels, LLC 1966 Harrison St., Suite 200 Hollywood FL 33020 I'M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPfRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE " "!tea • ®1988-2010 ACORD CORPORATION. All riuhts reserved. ACORD 26 (2010/06) The ACORD name and logo are registered marks of ACORD AGENCY Bateman Gordon and Sands FOUCYNUMSER CARRIER AGENCY CUSTOMER ID: THEMA2 LOC 0: ADDITIONAL REMARKS SCHEDULE NAMED INSURED The Marker Group, LLC d/b/a Marker Construction Group 226 SE 12th Ave Fort Lauderdale FL 33301 ADDITIONAL REMARKS ' NAIC CODE EFFECnUE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 26 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 Umbrella Liabiltty: Extends coverage to underlying General Liability, (excludes the general Ilablltty per project aggregate), Auto Liability and Workers Compensation coverages. Independent Conlractors Uabillty Is Included In the General Liability per form CG0001 0413. ALL COVERAGE IS SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS - 2nd project Golf Cart and Club House ACORD 101 (2006101) © 2008 ACORD CORPORATION, All Anhfa racarvad The ACORD name and logo are registered marks of ACORD W/ATtKC=R, Exhibit'B' Schedule of Values Clubhouse and Cart Barn 01 10 00 Management 455,332 015626 Temp Fences & Gates 15,355 017123 Surveying (Building) Initial Layout/Horizo 15,750 017413 Street Maintenance and Cleaning 4,463 02 03 41 Demolition 115,500 03 00 00 Structural Concrete 1,129,454 03 00 01 Additional Hoisting 2,100 04 20 00 Masonry Building Package {Stone Mason 51,659 05 10 00 Structural Steel 199,893 055000 Misc. Metals 469,741 061000 Rough Carpentry 36,750 064000 Cabinetry and millwork 73,500 07 50 00 Roofing 133,770 07 10 OD Caulking/Waterproofing 21,633 081000 Doors/Frames/Hardware & Installation 93,697 08 40 00 Storefront 385,423 09 20 00 Drywall and Framing Package 244,737 095100 ACT Ceilings 5,985 09 54 00 Wood Ceilings 52,500 09 24 00 Stucco 460,152 09 60 00 Flooring 214,744 09 90 00 Painting 75,348 10 44 00 Fire Extinguishers and Cabinets 1,096 10 22 33 Operable Partitions 53,102 14 20 00 Elevators 65,919 21 10 00 Fire Protection 63,686 22 00 00 Plumbing 308,448 23 00 00 H.V.A.C. 430,960 26 00 00 Basic Electrical 576,387 275319 BDA System 45,180 26 56 00 Site Lighting Allowance 155,000 310000 Main Site Civil Work 235,775 321216 Asphalt 436,566 321413 Pavers 60,191 32 16 00 Site Concrete 202,290 32 90 00 Landscape and Irrigation 329,077 33 00 00 Underground Utilities 373,063 50 50 00 Insurance 77,941 50 50 50 Bond 61,357 60 60 00 Contractor Fee 460,330 TOTAL 8,193,853 A/ARKER Exhibit V Drawing Log •Xsms=.. CLUBHOUSE COVER PROJECT DATA PROJECT DATA AREA INCREASE DUE TO FRONTAGE AND FIRESPRINKLER CIVIL DEMOLITION PLAN ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES ACCES59MUTY GUR3EUNES ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES ACCESSIBILITY GUIDELINES FIRST FLOOR LIFE SAFETY PLAN SECOND FLOOR LIFE SAFETY MASTER SITE PLAN SIZE DETAILS SITE DETAILS SITE DETAILS PORT COCHERE DETAILS PORTE COCHERE FIRST FLOOR OVERALL PLAN SECOND FLOOR OVERALL PLAN ROOF FLOOR OVERALL PLAN ROOF AND BANQUET ROOF FLOOR OVERALL PLAN TRUSS DETAILS IST FLOOR PARTIAL i FLOOR PLAN 1 ST FLOOR PARTIAL 2 FLOOR PLAN I ST FLOOR PARTIAL 3 FLOOR PLAN 2ND FLOOR PARTIAL I FLOOR PLAN 2ND FLOOR PARTIAL 2 FLOOR PLAN 2ND FLOOR PARTIAL 3 FLOOR PLAN ROOF FLOOR PARTIAL i FLOOR PLAN ROOF & BANQUET FLOOR PARTIAL 1 FLOOR PLAN ROOF & BANQUET FLOOR PARTIAL 2 FLOOR PLAN ROOF & BANQUET FLOOR PARTIAL 3 FLOOR PLAN ISTFLOOR OVERALL RCP PLAN 2ND FLOOR OVERALL RCP PLAN 1 ST FLOOR PARTIAL 1 RCP PLAN IST FLOOR PARTIAL 2 RCP PLAN IST FLOOR PARTIAL 3 RCP PLAN 2ND FLOOR PARTIAL I RCP PLAN 2ND FLOOR PARTIAL 2 RCP PLAN 2ND FLOOR PARTIAL 3 RCP PLAN LIGHTING FIXTURE & CEILING LEGEND BUILDING ELEVATIONS BUILDING ELEVATIONS ENLARGED ELEVATIONS ENLARGED ELEVATIONS ELEVATIONS WIND PRESSURE ELEVATIONS WIND PRESSURE ENLARGED RESTROOMS & LOCKERS /SHOWERS ENLARGED RESTROOMS & LOCKERS /SHOWERS ENLARGED RESTROOMS ® RESTAURANT ENLARGED RESTROOMS ® BANQUET ROOM ENLARGED BATHROOM @ BRIDAL ROOM BUILDING SECTIONS BUILDING SECTIONS BUILDING SECTIONS BUILDING SECTIONS ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL ARCHITECTURAL A000 GN1 A 001 A001.1 A001.2 DMl A002 A003 A004 A005 A006 A007 A008 A009 A010 A01 I A012 A013 A014 A020 A021 A040 A041 A042 A043 A044 A045 A100 A 101 A102 A103 A 104 A110 A111 A112 A113 A114 A)15 A116 A117 A118 Al19 A150 AISI A152 A 153 A 154 AIM A156 A 157 A 158 A= A201 A202 A203 A204 A205 A300 A301 A302 A303 A304 A400 A401 A402 A403 12/21/2017 9/29/2017 12/21/2017 12/21/2017 12/21/2017 9/29/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 I2/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/20I7 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 12/2T/2017 12121/20)7 12/21/2017 12121/2017 12/21/2017 12/21/2017 12/21/2017 12/21/2017 1/24/2018 1/24/2018 1/24/2018 1/24/2018 1/24/2018 12/21/2017 12/21/2017 12/21/2017 12/21/2017 STAIRS T ENLARGED AND SECTIONS ARCHITECTURAL A430 12/21/2017 STAIRS 2 ENLARGED ARCHITECTURAL A431 12/21/2017 STAIR SECTION 2 ARCHITECTURAL A432 12/21/2017 STAIRS ENLARGED -DETAILS ARCHITECTURAL A433 12/21/2017 STAIR DETAILS ARCHITECTURAL A434 12/21/2017 ELEVATOR ENLARGED ARCHITECTURAL A435 12/21/2017 DUMBWAITER ENLARGED ARCHITECTURAL A436 12/21/2017 WALL SECTIONS ARCHITECTURAL A500 12/21/2017 WALL SECTIONS ARCHITECTURAL A501 12/21/2017 WALL SECTIONS ARCHITECTURAL A502 12/21/2017 ROOF DETAILS ARCHITECTURAL A600 12/21/2017 PARAPET&FLOOR DETAILS ARCHITECTURAL A601 12/21/2017 CONSTRUCTION DETAILS ARCHITECTURAL A604 12/21/2017 DOOR DETAILS ARCHITECTURAL A605 12/21/2017 DOOR DETAILS ARCHITECTURAL A606 12/21/2017 DRYVIT SYSTEM - MANUFACTURER'S DETAILS ARCHITECTURAL A650 12/21/2017 DRYVITSYSTEM- MANUFACTURER'SDETAILS ARCHITECTURAL A651 12/21/2017 DRYVIT SYSTEM -MANUFACTUR£R'SDETAILS ARCHITECTURAL A652 12/21/2017 DRYVIT SYSTEM- MANUFACTURER'S DETAILS ARCHITECTURAL A653 12/21/2017 DRYVIT SYSTEM- MANUFACTURER'S D1TA&S ARCHITECTURAL A654 12/21/2017 WALL TYPES ARCHITECTURAL A700 12/21/2017 WALL TYPES ARCHITECTURAL A701 12/21/2017 THROUGH PENETRATIONS- WALLS & PARTITIONS ARCHITECTURAL A750 12/21/2017 THROUGH PENETRATIONS. WALLS & PARTITIONS ARCHITECTURAL A751 12/21/2017 THROUGH PENETRATIONS - HORIZONTAL ASSEMBLIES ARCHITECIURAL A752 12/21/2017 THROUGH PENETRATIONS - HORIZONTAL ASSEMBLIES ARCHITECTURAL A753 12/21/2017 DOOR SCHEDULE ARCHITECTURAL A800 12/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801 12/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.1 12/21/2017 STOREFRONTDETAILS ARCHITECTURAL A8011 12/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.3 12/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.4 12/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.5 12/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.6 12/21/2017 STOREFRONTDETAILS ARCHITECTURAL A801.7 12/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.8 12/21/2017 WIJDOWSCHEDULE ARCHITECTURAL A803 12/21/2017 FLOOR PLANS - OPENINGS TAGS ARCHITECTURAL A805 12/21 /2017 ELECTRICAL SYMBOLS AND GENERAL NOTES ELECTRICAL E001 NO DATE ELECTRICAL SYMBOLS AND GENERAL NOTES ELECTRICAL E002 NO DATE ELECTRICAL MST FLOOR POWER PLAN ELECTRICAL E101 NO DATE ELECTRICAL SECOND FLOOR POWER PLAN ELECTRICAL E102 NO DATE ELECTRICAL ROOF PLAN ELECTRICAL E103 NO DATE ELECTRICAL FIRST FLOOR LIGHTING PLAN ELECTRICAL E201 NO DATE ELECTRICAL SECOND FLOOR LIGHTING PLAN ELECTRICAL E202 NO DATE TELEPHONE, DATA AND TV RISER DIAGRAM ELECTRICAL E309 NO DATE ELECTRICAL DETAILS ELECTRICAL E401 NO DATE ELECTRICAL DETAILS ELECTRICAL E402 NO DATE ELECTRICAL POWER RISER DIAGRAM ELECTRICAL E501 NO DATE ELECTRICAL PANEL SCHEDULES ELECTRICAL E601 NO DATE ELECTRICAL PANEL SCHEDULES ELECTRICAL E602 NO DATE ELECTRICAL PART PLANS ELECIRICAL E701 NO DATE FIRE ALARM SYMBOL LISTAND GENERAL NOTES FIRE ALARM FA-001 NO DATE FIRE ALARM FIRST FLOOR PLAN FIRE ALARM FA-101 NO DATE FIRE ALARM SECOND FLOOR PLAN FIRE ALARM FA-102 NO DATE FIRE ALARM ROOF PLAN FIRE ALARM FA-103 NO DATE FIRE ALARM RISER DIAGRAM FIRE ALARM FA-501 NO DATE FIRE PROTECTION FIRE PROTECTION FP-1 5/15/2017 FIRST FLOOR OVERALL PLAN FIRE PROTECTION FP-2 5/15/2017 SECOND FLOOR OVERALL PLAN FIRE PROTECTION FP-3 5/15/2017 FIRE PROTECTION DETAILS FIRE PROTECTION FP-4 5/15/2017 MECHANICAL SYMBOLS, NOTES & ABBREVIATIONS MECHANICAL M001 NO DATE MECHANICAL FIRST FLOOR PLAN MECHANICAL M101 NO DATE MECHANICAL SECOND FLOOR PLAN MECHANICAL M102 NO DATE MECHANICAL ROOF PLAN MECHANICAL M103 NO DATE MECHANICAL DETAILS 1 MECHANICAL M201 NO DATE MECHANICAL DETAILS 2 MECHANICAL M202 NO DATE MECHANICAL SCHEDULE MECHANICAL M30I NO DATE PLUMBING INDEX PLUMBING P000 5/15/2017 PLUMB114G PIOI 5/15/2017 PLUMBING P102 5/15/2017 PLUMBING P103 5/15/2017 FIRST FLOOR PLUMBING PLAN PLUMBING P106 NOT INCLUDED SECOND FLOOR SANITARY PLAN PLUMBING P107 NOT INCLUDED PLUMBING P400 5/15/2017 PLUMBING P401 5/15/2017 PLUMBING P402 5/15/2017 DOMESTIC WATER ISOMETRIC PLUMBING PLUMBING P403 P500 5/15/2017 5/15/2017 PLUMBING DETAIL PLUMBING P501 5/15/2017 PLUMBING PDT 11/22/2017 PLUMBING PD2 11/22/2017 PLUMBING PD3 9/29/2017 PLUMBING PD4 9/29/2017 PLUMBING PD5 9/29/2017 PLUMBING PD6 W29/2017 PLUMBING PD7 9/29/2017 PLUMBING PD8 9/29/2017 PLUMBING PMSI 9/29/2017 PLUMBING PMS2 9/29/2017 STRUCTURAL NOTES & DETAILS STRUCTURAL SODI 5/15/2017 STRUCTURAL DETAILS STRUCTURAL S002 5/15/2017 OVERALL FOUNDATION PLAN STRUCTURAL S100 7/14/2017 PROPOSED 2ND LEVEL FRAMING PLAN STRUCTURAL 5101 5/15/2017 PROPOSED ROOF FRAMING PLAN STRUCTURAL S 102 5/15/2017 PROPOSED UPPER ROOF FRAMING PLAN STRUCTURAL 5103 5/15/2017 WEST & SOUTH ELEVATION STRUCTURAL S200 6/1/2017 NORTH & EAST ELEVATION STRUCTURAL S201 6/1/2017 LONGITUDINAL A & B STRUCTURAL S40D 6/1/2017 LONGITUDINAL C & TRANSVERSAL A STRUCTURAL S401 6/1/2017 TRANSVERSAL B & C STRUCTURAL S402 7/14/2017 STAIRS 1 ENLARGED AND SECTIONS STRUCTURAL S430 7/14/2017 STAIRS 2 ENLARGED AND SECTIONS STRUCTURAL S431 7/14/2017 ELEVATOR & DUMBWAITER ENLARGED STRUCTURAL S432 7/14/2017 ID DRAWINGS ID 101 1 /25/2018 ID DRAWINGS ID102 ►/25/2018 1D DRAWINGS 0103 1/25/2018 ID DRAWINGS ID104 1/25/2018 ID DRAWINGS ID301 1/25/2018 ID DRAWINGS 1D302 1/25/2018 ID DRAWINGS ID303 112612018 ID DRAWINGS ID401 1/25/2016 ID DRAWINGS ID402 1/25/2018 GOLF CART STORAGE COVER ARCHITECTURAL A000 1/5/2018 GN101 9/29/2017 PROJECT DATA ARCHITECTURAL DMI AOOI 9/29/2017 1/5/2018 ACCESSIBILITY GUIDELINES ARCHITECTURAL A002 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A003 8/25/2017 ACCESSIBIUTY GUIDELINES ARCHITECTURAL A004 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A005 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A006 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A007 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A008 8/26/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A009 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A010 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A011 B/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL nou 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A013 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A014 8/25/2017 FIRST FLOOR UFESAFETY PLAN ARCHITECTURAL A020 8/15/2017 MASTER PLAN ARCHITECTURAL A040 10/17/2017 SITE PHOTOMETRIC PLAN ARCHITECTURAL A040.0 NOTINCLUDED ENLARGED SITE PLAN GOLF CART STORAGE ARCHITECTURAL A040.1 1/5/2018 PHASING PLAN I SITE DETAILS ARCHITECTURAL A41 NOT INCLUDED SITE DETAILS ARCHITECTURAL ARCHITECTURAL A042 A043 1/5/2018 1/5/2018 OVERALL I ST FLOOR PLAN ARCHITECTURAL A 100 10/17/2017 OVERALL ROOF PLAN ARCHITECTURAL A101 10/17/2017 IST FLOOR PLAN -PARTIAL I ARCHITECTURAL A130 10/17/2017 I ST FLOOR PLAN - PARTIAL 2 ARCHITECTURAL A 131 10/17/2017 1ST FLOOR OVERALL RCP PLAN ARCHITECTURAL A I50 10/17/2017 ►ST RCP PLAN - PARTIAL I ARCHITECTURAL A151 10/17/2017 IST RCP PLAN - PARTIAL 2 ARCHITECTURAL A 152 10/17/2017 BUILDING ELEVATIONS ARCHITECTURAL A200 10/17/2017 BUILDING ELEVATIONS ARCHITECTURAL A201 1/5/2018 BUILDING ELEVATIONS - WIND PRESSURE ARCHITECTURAL A202 1/5/2018 BUILDING ELEVATIONS - WIND PRESSURE ARCHITECTURAL A203 1/5/2018 ENLARGED BATHROOM & fINISHES LEGEND ARCHITECTURAL A30D 1/5/2018 BUILDING SECTIONS ARCHITECTURAL A4D0 1/5/2018 WALLSECTIONS ARCHITECTURAL A500 10/17/2017 DETAILS DETAILS ARCHITECTURAL A600 DETAILS ARCHITECTURAL A601 WALLiYPES ARCHITECTURAL A602 DOOR & WINDOW SCHEDULE ARCHITECTURAL ARCHITECTURAL A700 A800 DOOR DETAILS ARCHITECTURAL A801 WINDOW DETAILS ARCHITECTURAL A802 ELECTRICAL SYMBOLS AND GENERAL NOTES ELECTRICAL E00) ELECTRICAL SPECIFICATION INDEX ELECTRICAL E002 ELECTRICAL SPECIFICATION INDEX ELECTRICAL E003 ELECTRICAL FIRST FLOOR POWER PLAN ELECTRICAL Em ELECTRICAL FIRST FLOOR LIGHTING PLAN ELECTRICAL E200 ELECTRICAL PANEL SCHEDULES, RISER DIAGRAM AND DETAIL ELECTRICAL E301 ELECTRICAL DETAILS ELECTRICAL E401 FIRE ALARM SYMBOLS, GENERAL NOTES & RISER DIAGRAM FIRE ALARM FA001 FIRE ALARM FIRST FLOOR PLAN FIRE ALARM FA) OO GENERAL NOTES FIRE PROTECTION FPl OVERALL 1ST FLOOR PLAN FIRE PROTECTION FP2 DETAILS & SCHEDULE FIRE PROTECTION FP3 MECHA MCA L SPECIFICATION MECHANICAL M001 MECHANICAL SPECIFICATION MECHANICAL M002 MECHANICAL FIRST FLOOR PLAN MECHANICAL M100 MECHANICAL DETAILS MECHANICAL Mm MECHANICAL SCHEDULE MECHANICAL M300 PLUMBING FLOOR PLAN PLUMBING P1 SANITARY AND STORMDRAIN ISOMETRIC PLUMBING P2 GENERAL NOTES & DETAILS PLUMBING P3 CIVIL PD1 CIVIL PD2 CIVIL PD3 CIVIL PD4 CIVIL PD5 CIVIL PD6 CIVIL P07 CIVIL of CIVIL PMSI CIVIL PMS2 GENERAL NOTES STRUCTURAL S000 GENERAL NOTES (CONT,) STRUCTURAL SO10 FOUNDATION PLAN & DETAILS STRUCTURAL S 100 BEAM FLOOR PLAN & SCHEDULE BEAM STRUCTURAL S 101 WALL DETAILS STRUCTURAL 5102 ELEVATIONS STRUCTURAL S200 ELEVATIONS STRUCTURAL 5201 STRUCTURAL CIVIL STRUCTURAL CS? STRUCTURAL OS2 STRUCTURAL OS3 STRUCTURAL LDI STRUCTURAL LD2 STRUCTURAL LP) STRUCTURAL LP2 STRUCTURAL SWPI STRUCTURAL .gin: STRUCTURAL SWP3 STRUCTURAL W51 STRUCTURAL WS2 STRUCTURAL WS3 STRUCTURAL WS4 STRUCTURAL WS5 STRUCTURAL WS6 STRUCTURAL WS7 1/5/2018 1/5/2018 1/5/2018 1/5/2018 1/5/2018 8/25/2017 I/15/201B 11116M17 11/14/2017 1)/16/2017 11/16/2017 5/12/2017 11/16/20)7 5/12/2017 5/12/2017 11/22/2017 11/22/2017 5/12/2077 11/22/2017 5/12/2017 5/12/2017 5/12/2017 II/22/2017 11/22/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/27/2017 9/29/2017 5/12/20)7 5/12/2017 5/12/2017 5/12/2017 5/12/2017 5/12/2017 5/12/2017 9/29/2017 9/29/2017 9/29/2017 9/25/2017 9/25/2017 12/1A12017 12/14/2017 9/29/2017 9/29/2017 9/29/2017 11/22/2017 11/22/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 0 . 0 0 0 : 2 Lk 0 0 X0 12 :m T t ' I a' 20 t; to AO -ig LA P. v tit Fr, I �"H+ 1,+-k T- ij I\K 3 5 F M * g� `sl n r r yy� .. m w a g C V U W J H M 10 G O O b U�NUUU J� S � 10 b ° J �-1 ` rl pp� 01 ei W 1 ! q\ O\f t K\i f\� + O� p�\•1 p� OOff \ \ N �•1 H N \ �-1 `i\`{ NiN:m � 10 \ \ � l\O \ `\ O\I ': rb1_H N!��•1 �Iw'�� '�•! H � t�0 � \ `� � Q\I C\l e�i `� \ C T n EO .fl - = F b b'a b.b V h h �:b \ \ /� Y c C :b'V bib ab� CO CJ�•1 ry � �g `� .il 3i . ' ' ytj � 3 3' � fV 3 0 3 yy yy 3 3 3 �•i'ei �:� '1 .1 d d m M M m d m:N d;N Nl:m r1.N �`1 m Q 4� d d d N 00 N M m� 1 G � \ C m y cg . fl cop w a •n 9 \�i3: Bp c u " �' a oL . ai y. F n ��•+' xi � f v lJ .G dJ :'Q' 5;�7\� C.�� c �o O ¢ iJ � O C� y 2 c:a7l�rn'I C`°' •a va 14�' a 0 �' a si--?--'.glo I ;.t! oil '3 a`'� E � � e i L V •LL'j M � V } iv .-j0.-li%'-� NI �- � G ° O. � I o m a. O1 � m .'� � a w�� ' 0 2i o '�7 �• o 0 0, E � S �, m o a m w� p g 25 E E 2 ' § } k\\~&&�` � - 27�■m # !�\7ƒ $IiI«/% k }j `ƒ� � �\ ��/ �� silo, ■ Ed riff/ARKIER Exhibit'E' 2018 STAFF RATES PRE -CONSTRUCTION DP Director of Preconstructlon $ 175 CE Chief Estimator $ 125 E Estimator $ 90 VP Group - Vice President $ 250 OFFICE/SITE MANAGEMENT PX Project Executive $ 175 SPM Sr. Project Manager $ 160 PM Project Manager $ 125 PS Project Scheduler $ 125 APM Assistant Project Manager $ 80 SE Safety Engineer $ 125 PC Project Coordinator $ 75 PA Project Accountant $ 80 PR Project Secreiary/Reception $ 45 FIELD STAFF GS General Superintendent $ )75 SSP Sr, Superintendent $ 150 SUP Superintendent $ 115 SF Site Foreman $ 85 FC Finish Carpenter / Punch List $ 85 RC Rough Carpenter / Punch List $ 75 GL General Labor $ 37 Notes: i) All rates l sled below are hourly rates for Marker Construction Group personnel. 2) AN management Is Inclustve of the sttpuloted Lump Sum General Condthons for this project 3) Alt rates Nsled below ore for polenflal additlonal Owner required services and/or Owner approved changes. 4) AR above rates are adjusted for employee Incentives yearly & are suWect too 10% max. Increase each year, MARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN — 5123118 Division 1 — General Requirements 1. This proposal includes the following documents and plans: Plans Permit set by DLW Architects dated 12/14/17. 2. The GMP assumes that the accurate CAD files will be provided to the GC and all Subcontractors for use In preparation of shop drawings, coordination drawings, as-builts, determining dimensions, etc. 3. The GMP is based on Bid Set Documents as listed in Exhibit B. 4, The GMP includes a Contractors Payment and Performance Bond. 5. The GMP includes Allowances as outlined in the AIA A102. Allowances shall include but not be limited to the following items: labor, material (including waste factor where applicable), equipment, freight, tax, storage, submittals and shop drawings, layout, protection, permits, sub mark-up for handling, sub overhead and fee, sub insurance and bond unless otherwise noted. 6. The GMP will require from the Owner, with reasonable notice, certain early deposits for material, equipment and/or mobilization of trades. The following trades may require deposits and /or mobilization funds to commence the work. The trades include but may not be limited to: Site work structures, stone/tile, millwork, elevators, light fixture package, plumbing fixtures, Window wall systems, etc. 7. The GMP excludes all Impact fees, easement application fees, and any costs associated with the City of Tamarac or County/State fees. 8. The GMP excludes cost relating to asbestos, lead, radon, etc, abatements and removal of all other hazardous materials. 9. Removal or remedlation of hazardous material, hazardous soil, or unforeseen soil conditions is not included in the GMP. 10. The GMP assumes that the Owner has provided property corners and a benchmark elevation at the project site. Contractor will notify Owner of any discrepancies. 11, The GMP excludes unit final surveys as required by a registered surveyor. 12, The GMP excludes design services. 13. The GMP excludes all testing (including future soil borings) and inspection, including fees, geotechnical services, concrete testing, soils testing, environmental site monitoring, glass testing, any testing, waterproofing or roofing consultants. These are to be provided by the Owner and coordinated by the Contractor_ Any overtime costs and supervision associated with testing services are to be paid by the Owner. 14. The GMP excludes the costs of inspections and/or full time or part time on site threshold inspector / special inspectors, welding inspectors, which are required to maintain the Project schedule. The Owner will pay for these services and contract directly with these parties. Any overtime costs associated with these services are to be paid by the Owner. 15, Permits, sub permits, impact fees, and permit fees are not included in the GMP Proposal and will be a Direct Owner Reimbursable. 16, Marker Construction shall be provided air rights and FAA permit (if necessary) for the subject property, as well as adjacent properties, to allow the use of crane(s) and equipment necessary to construct the project. These air rights, If required shall be provided by the Owner at no cost to the Contractor. 17. The GMP excludes travel expense outside the surrounding counties. 18. Once a named storm is in the "box" no materials or equipment will be brought on site that cannot be affixed or Installed prior to the storm striking the area. 19, The Owner will furnish and install all interior and exterior furnishings, the installations will be coordinated with the Contractor so as not to Impact the project schedule. The Owner will furnish and Install the following: a,FF&E Package per RFP matrix. 1 N' MitKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN -- 5/23/18 b. interior Furniture. c.Outdoor Fumishings. d.Back of house Kitchen Equipment & Appliances. e. Computers, phone systems. f. The GMP provides rough in for the above as shown on contract drawings. g.Third Party Restaurant finishes, fixtures, furnishings, equipment and MEP rough -in. h.The GMP excludes costs for purchasing, installation, handling, standby, or debris removal (i.e. cartons, boxes, etc.) of Owner FF& E items. 20. The GMP excludes costs associated for a pre -condition survey and for monitoring settlement damage and the costs related to the damage that may occur to adjacent buildings and or properties due to settlement, including the Right of Way. The Owner shall provide and be responsible for monitoring settlement of the adjacent properties. 21. The GMP includes working hours per City Ordinance. 22. The GMP assumes that there will be unobstructed access to the project site at all times. 23. The GMP excludes any and all costs for Impact or permanent utility (water, electric, gas and sewer) fees or charges, offsite connections, sewer connection fees, water tap fees. water meters, meter boxes or water meter fees installation of transformers (permanent or temporary), Conduits, Primary Feeders, deposits, and consumption fees that may be required by local, state or federal authorities having jurisdiction. The Owner shall be responsible for these costs. 24. We have not included any costs for permanent power. Owner shall pay directly for permanent power once any buildings are fully energized. 25. We have excluded costs of any and all utility and trash removal services to the buildings after substantial completion is achieved. 26, The GMP includes disconnecting, abandoning and/or relocation of existing site utilities, only as specifically shown on the documents, 27, The GMP excludes archeological consultants during building excavation, and any delays associated with discovery, if required. The GMP excludes cost for pollution insurance policy and an environmental insurance policy. 28, The GMP excludes costs for wind tunnel testing, 29, The GMP excludes costs for the building engineer, Ownership will be responsible to provide for and pay necessary costs to have a qualified entity for these responsibilities. 30, The GMP assumes that the existing City, County, State and Utility infrastructure will be in place to support the testing of sanitary systems and will be operational to support the scheduled TCO and CO activities listed in the project schedule. Contractor will not be penalized if the infrastructure is not in place and TCO / CO dates are unachievable. The GMP Schedule and GMP shall be equitably adjusted in the event delays arise due to delays caused, by the utility agencies, In the completion of said worts (if required), Work to be coordinated by Contractor and Due Diligence exercised in anticipation of connections and inspections based on critical path schedule. 31. The GM excludes Fire Alarm Monitoring Service Costs. 32. The GMP excludes additional costs resulting from any tax increases or additional fees imposed under any statute, court decision, rule or regulation becoming enacted after the date of the signed GMP barring any unprecedented escalation beyond what is currently in existance. 33, The construction schedule Is based upon return of all Requests for Information (RFI) within 5 working days of submission. 3.4, The construction schedule is based upon the return of all Submittals, Shop Drawings, Samples, etc. within 10 working days of submission. 35. Plans Processing — It is assumed that the Architect will provide signed and seated permit revision documents in a timely manner as to not delay the work. The Architect will provide the revision documents along with a detailed narrative describing changes to the Owner. Owner will expedite in a 2 hNIARKeR EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CART13ARN — 5123118 manner that will not cause delays to the project schedule for plan processing with the appropriate governmental agency. The Contractor will execute all required permit applications as required by the City of Tamarac / Broward County or State of Florida. 36. All changes, specifically, to the plans and specifications must be "clouded" by the Architect and other design consultants. Clear and concise written narrative describing changes shall be included. Marker wifi not be responsible for any assoclated additional costs arising from the designer's failure to accurately identify changed conditions on the contract documents or subsequently issued documents. Contractor shaft notify Ownership of any found conflict found during review process. 37. All revisions will be modified in the plans and coordinated by the Architect with all consultants. It is the responsibility of the Owner to ensure that all revisions be submitted in a manner so as to maintain and not impact the overall critical path project schedule. 38. We have worked to give the best price for the intent and quality of the project. Where applicable we have substituted specified materials for equal quality materials or components. If affecting aesthetics must be approved by Owner which shall not be reasonably be withheld and within 3 working days. 38. Material Substitutions — The Contractor and Subcontractors shall be allowed to substitute materials or products as long as the. material or products being substituted are equal to the originally specified material or product, and have been specifically accepted by the Owner and Architect. All product substitution requests shall be submitted to the Owner and Architect for their review and approval during the submittal process and prior to Installation. No credits or additions to the contract will be issued for such substitutions. 40. The GMP excludes the cost for design consultant's preparation of "As-Bullt Documents". Marker and its Subcontractors and vendors shall furnish "As Built Documents', throughout the duration of the project, to the design consultants who will then produce, within 15 days, a complete revised set of "As -Built" documents for turnover to the Owner and City Record Set. Architect and its Sub Consultants will furnish electronic (CAD) files to assist Marker and its Subcontractors in its effort to produce As Built Drawings and Shop Drawings/Submittals, 41, The following days have been designated by the City Commission of Tamarac as paid legal holidays for City Employees. These are non -working days in the City of Tamarac, all construction activities must cease. No other limitation other than local ordinances has been set by the Owner, any changes would give rise to an extension of time. a. New Years Day b. Martin Luther King Day c. President's Day d. Memorial Day e. Independence Day f. Labor Day g. Veteran's Day h. Thanksgiving Day 1. The day following Thanksgiving j. Christmas Day k. The day following Christmas 42, The GMP excludes filling of the fuel tanks for the Generator, Fire pump, etc. The coordination of the filling of the fuel tanks for testing required to obtain a TCO and CO is included. 43. The GMP excludes all requirements for LEED Certification and/or Florida Green Building Coalition, 44. The GMP excludes the cost of all document reproduction, scanning, printing and blueprinting and will be a Direct Owner Reimbursable. Electronic communication to be utilized where possible. 45. The GMP excludes on site Web Camera, 46. The GMP assumes all trees and existing vegetation to be removed per Landscape drawings. IWARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN — 5/23118 47. The GMP excludes the costs associated with any off -site model rooms and any full size mock-ups (IE beds, showers, guest rooms, hallways, etc). 48, Security Guards are not included in the GMP. If security guards are required they shall be provided by Owner at no cost to the contractor. Contractor will take reasonable measures to secure site per industry standards. Site will not be made 100% secure. Theft is common. Owner understands and agrees that such theft will be covered by Builders Risk policy. Any and all required deductibles will be paid by Owner. 48. We have included all items indicated on the bid drawings and, if not shown on the drawings, the bare minimum requirements for a working system. 50. Marker will be prepared to mobilize and begin construction upon issuance of the Notice to Proceed and receipt of all starting "requirements" from the contract. The proposed GMP assumes a Contractor start date of May 25, 2018. In the event that the Contractors start is delayed for more than 60 days from this date at no fault of the contractor, Marker reserves the right to negotiate an equitable adjustment to it's proposed price, based on changes in material prices and holding costs for labor, super✓ision, etc, between the date of submission of this proposal and the date that such materials and scopes of work are purchased for the project. Marker will make every effort to minimize or avoid such increases, and any price increase that we seek will be supported by documentation reasonably satisfactory to the Owner. The NTP shall not be issued prior to the issuance of all starting `requirements" from the contract including the required building permit(s), In the event that the NTP is delayed, through no fault of the CM, the CM will be granted a time extension of a day -for -day for every day after this date that the NTP is Issued. 51. This proposal assumes that this project shall not be converted Into a Condominium at anytime within the project duration plus 10 years from Certificate of Completion. Should the project be converted within that time frame the Owner agrees that any and all Warranties either express or implied shall be forfeit and that General Contractor and all Subcontractors shall be released from any and all requirements of the Florida Statute regarding Condominiums. This shall be included in the Condominium Documents of any such Condominium. 52. In order to obtain the most competitive pricing for this project, we assume that retainage will not be held on certain subcontractors. Should the Owner not accept this, and require retainage be held on these subcontractors, Owner shall be responsible for any additional costs that result. 53, Prices of Metals and other construction products are currently volatile, and pricing cannot be held for extended periods of time. As such the bid pricing can only be held valid for Fifteen days from bid submission, 54. The GMP includes portable temporary toilets for the construction workers under our contracts. No other personnel are permitted to use such temporary facilities. 55. The GMP excludes Builder's risk insurance and deductibles. 56. The GMP excludes Off -site Parking & Transportation. 57, The GMP excludes BIM or computer renderings. 58. TMG shall provide 20 hours free of charge to aid in Value Engineering of the FF&E design package. Any time requested beyond the 20 hours included shall be billed at Staff Rates per Exhibit E. fJJ `-)9 . Are t) e Cl U C. i 0 Ci Ir (��^ C t�f i 1Jct� stallr s u 1! n cofi 5 ci.Vr r� s ��,� Division 2— Demolition 100 (: I'z; �V�e C?t.t,iV1 e_tr oyjE Z WC,- 4 1. The GMP excludes any abatement of existing structures. 2. Demolition of the Grease Trap is included in the GMP. Pumping out/removal of its contents are not included in the GMP and must be performed by Owner prior to the start of demolition. 3. All salvage rights to any and all materials left in structures to be demolished are to become the property of the Demolition Subcontractor. M/ARKIER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN — 6123118 Division 2 — Site work 1. The GMP excludes any MOT required off duty police officers. if required, these costs will be borne by Owner. 2. The GMP includes backfill using existing site soils from the foundation excavation. Should these soils be unsuitable for backfill, any costs associated with soil export and import will be paid for by Owner. 3, The GMP excludes the cost of the relocation of EPL poles and all associated lines and all related cost for repairs / patching at Streets. 4. The GMP Excludes all work such as but not limited to paving, patching and all other improvements Off Site (except as listed above). Patching of construction related work to existing pavement is included. 5. The GMP excludes any temporary site signage for directing public to temporary facilities during construction. 6. The GMP excludes traffic or parking lines In paver areas as contrasting colored pavers. Any lines or markings shall be painted. 7. The GMP includes silt fence as the sole means of erosion control as no Erosion Control plan is provided. 8. The GMP excludes dust control screening. 8. The GMP excludes any traffic signalization. 10. The GMP includes only casual dewatering. Should well points or other dewatering measures be required, the Owner shall bare said costs. Division 2 -- Landscaping 1. Due to market conditions, exact tree/plant sizes may not be available, and substitutions of similar size may be required with approval of the Landscape Architect/Owner. Approval will not be reasonably withheld. 2. The GMP excludes any landscape or irrigation maintenance following Issuance of the CO. 3. Existing site fill is anticipated to be acceptable by local Municipal landscape Inspectors. Cost of removal of existing fill and replacing with fill acceptable to inspector Is not included. Division 3 — Concrete 1. The Owner's Engineer of Record, at no cost to the Contractor, shall provide engineering for the crane and hoist foundations, leave -outs and opening for equipment as well as the crane tie backs. The Contractor shall provide the necessary engineering of the crane and the load requirements. Any necessary engineering enhancements for the foundations and or building shall be performed by the Owner's Structural Engineer if required. Any costs for additional structural requirements due to the crane or hoist shah be at the Owner's cost. 2. The GMP excludes the inserts as shown on details (3/S142), (4/S142), (5/S142) or similar due to the extruding process used to manufacture the hollow core panels. Other details must be provided by the Architect or other Owners consultants. 3. Quantities of the hollow core for this bid were based on plans prepared by DLW Architects dated 12/14/17. No prestressed specifications and general conditions were provided. Owner accepts standard Coreslab material and tolerance specifications and all detail connections based on the nominal width of Coreslab plank. MARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN — 5/23/18 Division 5 — Miscellaneous Metals and Aluminum Screening 1. The GMP excludes bicycle racks. 2. Prices of Metals and other construction products are currently volatile, and pricing cannot be held for extended periods of time. As such the bid pricing can only be held valid for Fifteen days from bid submission. 3. The GMP includes an allowance of $100,000.00 for the clubhouse curved stairs. Division 6 — Wood & Plastics Finish Carpentry, Millwork and Cabinets 1. The GMP excludes all millwork within the guest rooms. 2. The GMP excludes all casework. Division 7 -- Roofing 1. The GMP includes a fully adhered TPO system. 2, Warranty for roofing system offered by manufacturer is 20 years. Division 8 -- Doors and Hardware 1. The GMP excludes the supply and installation of Card Locks and system for the hotel guest room entry doors. Door prep for the locks is included. 2. The GMP excludes any temporary locksets for the guest room entry doors. 3. All hardware warranties are per individual hardware manufacturer's standard warranties. 4. The GMP excludes bituminous coating at hollow metal frames. 5. The GMP excludes Bituminous coating at hollow metal frames. Division 8 —Glass and Glazing 1. The GMP all exterior glass and glazing per specifications or equal. Division 9—Finishes 1. We have included a level finish at Dry Wall. 2. Gypsum topping slab is Included in the GMP. Topping slab will follow the contours of the hollow core planks. Topping slap will not be level, 3. The GMP excludes furnishing of carpet. The GMP includes the installation of carpet. 4. The GMP excludes Anti -crack suppression beneath tile floors. 5. The GMP excludes Wlre mesh reinforcing at ceramic the installation. 6. The GMP excludes 15# felt backing at ceramic wall tile. Division 10 — Miscellaneous Specialties 1. The GMP excludes closet shelving and associated backing. 2. The GMP excludes postal specialties and mailboxes. 3. The GMP excludes window treatments. 4. The GMP Includes shower door openings per plans. Marker is not responsible should any opening size not meet FHA requirements. 4p, EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN - 5/23/18 5. The GMP includes the minimum required signage to pass final Inspections for a TCO. The GMP excludes all other signage. S. The GMP excludes furnishing of accessories, The GMP includes the installation of accessories. Division 11 .- Equipment 1. The GMP excludes window washing attachments and equipment. 2. The GMP excludes room safes. 3, The GMP excludes all commercial kitchen and laundry equipment and MEP rough In. 4. The GMP excludes all TVs and TV wall mounted brackets, backing is included. 5. The GMP excludes furnishing and Installation of appliances. 6. The GMP excludes Furniture, fixtures & equipment. Division 12 - Furnishings 1. The GMP excludes Fitness Center Equipment, 2. The GMP excludes any stand -atone planters. 3. The GMP excludes patio and pool furniture and furnishings. 4. The GMP excludes interior furniture and furnishings. 5. The GMP excludes Motorized shades. Division 13 -Saunas and Pools I. The GMP includes an allowance of $85,000.00 for the pools and children's water play areas and decks. 2. The GMP includes items to meet HRS requirements only as shown on the plans. The GMP excludes any items that may be required but are not shown. Division 14- Vertical Transportation 4. The GMP includes standard elevator cab finishes. 5. The GMP assumes that the Owner will execute an extended maintenance agreement with the Elevator Subcontractor, 6. The GMP pricing assumes that all of the elevator work will take place no later than 2019. Should delays not caused by Contractor push back any of the elevator work, charges for increased hourly rates shall be borne by Owner. 7. The Elevator subcontractor requires a 30% payment at the execution of the subcontract agreement prior to the preparation of any submittals or shop drawings. It is assumed that the Owner will approve and pay this amount when billed on the Contractors requisition for payment. Any delay(s) caused by the Owners failure to make this payment shall require an extension of time and/or extended general conditions costs. Division 15 - Fire Protection 1_ The GMP Includes a Fire Suppression system designed by a specialty engineer. The system will meet the minimum code requirements. The system will not be designed to have heads align with lights or other cosmetic details. 2. The GMP excludes coverage in bathrooms less than 55 sgift; closets less than 24 sq/ft (within units only). N 7 rMARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN — 5/23118 3. The GMP excludes a Fire Watch. If required Owner shall pay all costs, Division 16 — Plumbing/Mechanical I. The GMP excludes overflow roof drain piping as none are shown. 2, The GMP excludes Kitchen equipment connections or proper fittings as no schedule is provided, 3. The GMP excludes any and all sinks, faucets or other Plumbing fixtures in the hotel kitchen. 4. The GMP excludes all Plumbing fixtures. 5. The GMP excludes any piping or hose bibs to the dumpster enclosure. 6. The GMP excludes gas piping to the pool area as none Is shown. The grills at the pool area are assumed to be propane or charcoal. 7. The GMP includes duct R-values as specifically shown on the drawings. If R-values are not specifically shown than they will be provided as industry standard. 8. Fire and smoke dampers are only included where specifically shown. 9. The GMP includes HVAC equipment as Carrier, 10, The GMP excludes any and all ductwork, exhaust fans, exhaust hood, etc. in the hotel kitchen. Division 16 -- Electrical 1. The GMP excludes all security or CCTV systems, wire, and equipment. Conduit with pull string is Included as shown in documents, 2. Data and LAN wiring are included. Empty raceways with pull -string are included only as defined in the documents. 3. The GMP includes a building DAS system. Any and all other related costs for inspections and testing required by the Authorities Having Jurisdiction, shall be borne by Owner. Annual testing may be required. Costs for such are not included in the GMP. 4. Primary power and FP&L transformer costs or fees are not included. 5. The GMP includes FPL service only up to 5o linear feet. Use of aluminum feeders will be permissible at Contractors discretion. 6. The GMP excludes all fighting fixtures, END OF QUALIFICATIONS 8 Kfl/AARkK,ER EXHIBIT 'G' WIRING INSTRUCTIONS lberiaBank Beneficiary Operating Account Account Name: The Marker Group, LLC Operating Account ABA Routing # 265270413 Account # 0050002465 Ir 3 -.-AIA Document A201 TM - 2017 Or al Conditions of the Contract for Construction Wftfollowing PROJECT: (Naw and location or address) Icily of Tamarac Cart E*n & Country Club ADDITIONS AND DELETIONS: 0 NW Avenso The author of this document has *marac, "321 added information needed for its completion. The author may also TWE OW have revised the text of the original (Name turovdapd*ess) AIA standard form. An Additions and Deletions Report that notes added �� _-. 1 AID lkak j'LC information as well as revisions to the standard form text is available from �1 the author and should be reviewed. A 19sCtot,0 vertical line in the left margin of this d 28 document indicates where the author has added necessary information a� AR and where the author has added to or to to deleted from the original AIA text. DLW ArChj This document has important legal DYatteoe consequences. Consultation with an 2=NR 13`d Sta attorney is encouraged with respect __ to its completion or modification. 14 TERMINATION OR SUSPENSION OF THE CONTRACT 1S CLAIMS AND DISPUTES AIA Document A20111— 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA6 Document is protected by U.S. Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) it 9.5.1,95,9.6.3, 9.7, 9.10 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 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, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1. 1. 2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 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, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 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 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Init. AIA Document A201-- 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA°t 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 19:23.04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale User Notes: (1130578266) Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY 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, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1,3.10,5.2,6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8. 1. 1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 AIA Document A201 T* — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA'I Document is protected by U.S. Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA11 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 19:23.04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) Contractor's Employees Damage to Construction of Owner or Separate 2.2,4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, Contractors 1 ,,14.1,14.2.1.1 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 'iaM1r's Liability Insurance Damage to the Work 11.1 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 C x tr.yAor's Relationship with Separate Contractors Damages, Claims for er's Forces 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 3.1115, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 11.3, 14.2.4, 15.1.7 Cmtractor'S Relationship with Subcontractors Damages for Delay I.Z2, 2.2.4, 33.2, 3.1;t.1,3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of C+t 6tractor t do with the Architect 8.1.2 Lt 2, 1.5, 3. , 3.1-,3 , 3.2.3, 3.2.4, 3.3.1, 3.4.2, Date of Substantial Completion, Definition of 35:1, 3.7.4„3..10, 3; 1,3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 8.1.3 7, S.3.1,9 9J 5t .'3, 9 *9.8, 9.9, 10.2.6, 10.3, Day, Definition of 11,3, 12, 13 4,1 ,15. 8.1.4 Cant s R atioft ` Decisions of the Architect 3.2.1.322 3.5,3,12.6,6. 2,8.2.1, 9.3.3, 9.8.2 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, Couftwws RM WsibftlilirThose Performing the 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, WOW 14.2.2, 14.2.4, 15.1, 15.2 i "" t-5. 10.2.8 Decisions to Withhold Certification Gaaftctaes Documents 9.4.1, 9.5, 9.7, 14.1.1.3 3.2 Defective or Nonconforming Work, Acceptance, Contractor's Jo SiMIp Work Rejection and Correction of V- �� r 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, Co*mmg s Rigs Tani ina t the Contract 9.10.4, 12.2.1 14.1 Definitions conodoesS ttals 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 3.1gi'1. 1,3.12, ,5.2.3,9.2,9.3,9.8.2, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15. 1.1 $NON 1 9.3 Delays and Extensions of Time coo 's Super 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 3 ,102-6 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 ractoes sllllplillill!� and Can Digital Data Use and Transmission ice 1.7 t.2.2, 13, 31A M230, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, Disputes 7.3.4, 7.3 * &Z 10, t2, 14, t 5.1.4 6.3, 7.3.9, 15.1, 15.2 Coor4aftion andCorrelatica Documents and Samples at the Site 3.12 6.2.1 3.11 CDPi F "' ofDtawirtgCW Specifications Drawings, Definition of 1.5,2.3.6, 311 1.1.5 Co lights Drawings and Specifications, Use and Ownership of 1.5, 3.17 3.11 Co=' tion of Work x Effective Date of Insurance 2.5, 17.3,9.4.2,9.8.2, 9.11.3, 9 9.1, 12.1.2, 12.2, 12.3, 8.2.2 15.1.3.1, 1$.1.3.2,152.1 Emergencies C rrelatielt=ad Ubmt of the Contract Documents 10.4, 14.1.1.2, 15.1.5 1.2'' Employees, Contractor's Cost, Definition of 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 7.3.4 10.3.3, 11.3, 14.1, 14.2.1.1 CAX& Equipment, Labor, or Materials 2.5, 1J .8.2,3.15.2,5.4.2,6.1.1,6.2.3, 1. 1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 73 '8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 12_1. „ 1=1, IZ2.4, 13.4, 14 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Cutting and Patching Execution and Progress of the Work 3.14, 6.2.5 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5. 1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init. AIA Document A201-- 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA11 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°S 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 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, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 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, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6,15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 AIA Document A201 TM — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA6 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°S 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 1913 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) MISCELLANEOUS PROVISIONS Owner's Right to Clean Up 13 6.3 Afediftations, Definition of Owner's Right to Perform Construction and to Award Separate Contracts ons to the Contract 6.1 1_1,.1,1,.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, Owner's Right to Stop the Work $.32 2.4 al Responsibility Owner's Right to Suspend the Work &2 14.3 i meonforniktg Wod4,Acceptance of Owner's Right to Terminate the Contract ,6, 9.9.3fi V 14.2, 14.4 i confo WoIl0*ction and Correction of Ownership and Use of Drawings, Specifications 24, 2.5, 33,4.16, 63.4,9.5.1, 9.8.2, 9.9.3, 9.10.4, and Other Instruments of Service 12.2 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, ice ,. 5.3 1AAll 2. �;2.2.2„ 2.2.3, 2.2.4, 2.5, 3.2.4, Partial Occupancy or Use 3.3.1, 3. 3.7 ,2, 31�t 3.12.10, 5.2.1, 7.4, 9.6.6, 9.9 �10.3.2, 11.5, 12.2.2.1, Patching, Cutting and 2,14�t 1 1 4.2, 15.1.3, 15.1.5, 3.14, 6.2.5 Patents Noticoof Qw.m.wMaOsArExpaWion of Insurance 3.17 Jo 1L 4 1�':: Payment, Applications for iee el4 a an 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 1.6-2, 2. LZ 31-4, 9.6.8,115.1.3, 15.1.5, 15.1.6, 14.2.3, 14.2.4, 14.4.3 I5.2.E,15.32,13.4ni Payment, Certificates for 140e9 � ts&4n i c ' 's 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 13.4.t,11.4.2 9.10.3, 14.1.1.3, 14.2.4 Obsar , Ca ntrapWs Payment, Failure of 3 3. � 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 231,9, 9.8 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 O s, fitka Payment Bond, Performance Bond and 11.5, L2,1,12.2.2.1, 13.4.2, 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 143.1 Payments, Progress (YWNM 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 2 PAYMENTS AND COMPLETION efinil'nf 9 2.111 Payments to Subcontractors Winer, lbw a o(FFina ` Arr=gements 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 U13.2.2, 14.1.1.4 PCB OWom, Infosmatie sad SwV1ces Required of the 10.3.1 2.1.2, 2.2, 23, 3.2.2,3.12.10,&1 3, 6.1.4, 6.2.5, 9.3.2, Performance Bond and Payment Bond 9.6.1,:9.6.4, 9.9.2, 9.103, 10.3,3, 11.2, 13.4.1, 13.4.2, 7.3.4.4, 9.6.7, 9.10.35 11.1.2 14.1.1.4,14.1r4„ 15.1.4 Permits, Fees, Notices and Compliance with Laws OKvner's AWWrity' 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 13, 2.1.1, 2332.4�,; ,,S 3.4.2, 3.8.1, 3.12.10, 3.14.2, PERSONS AND PROPERTY, PROTECTION OF .12,4.2.4,42.9,"1,=5.2.4,5.4.1,6.1,6.3,7.2.1, 10 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, Polychlorinated Biphenyl W3.2, 11* 115, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 10.3.1 15.2.7 Product Data, Definition of M�lAr'1 ce 3.12.2 11.2 Product Data and Samples, Shop Drawings OwmesRelildimhip with Subcontractors 3.11, 3.12, 4.2.7 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Progress and Completion Owner's Right to Carry Out the Work 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 2.5, 14.2.2 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 AIA Document A201I" — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA'P, 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 7 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:23*04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) Project, Definition of 1.1.4 PtuodRepresentatives 4.2.10 Prepertyinsurance 10.2.5,11.2 PraPosal Requirements PROTECTION OF PLRSONS AND PROPERTY it n�uia�iuu�i.awa 1.5 2.3.2, 3 .3,3.6,3.. ,3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2,13.1,1,13.4.1,13.4.2,13.5,14,15.2.8,15.4 9.3 Re Co 3.2 4.2, 9.5.1, 9.10.1 ing the Work ,6.2,6.3,9.5.1, 10 9.10.3 s and Field by Owner and Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data 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, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 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, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Init. AIA Document A201 TM — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by U.S. Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:23 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) Subsurface Conditions Time Limits 3.7.4 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, Seeeensirs and Assigns 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, Lu 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, Superiubendent 15.1.3, 15.4 3.,9, W2.6 Time Limits on Claims Sup0liVision and Construction Procedures 3.7.4, 10.2.8, 15.1.2, 15.1.3 112, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, Title to Work 7— 4, 8.2, 8.3.1, 9.4.2, , 12, 14, 15.1.4 9.3.2, 9.3.3 Suppliers UNCOVERING AND CORRECTION OF WORK 1.5, 3.12.1, 4,, 4.2jklll, 9.3, 9.4.2, 9.5.4, 9.6, 12 9 Ifl.S, 14.Z1 Uncovering of Work Surety 12.1 SAJ.2, 9.6X9,8.5,, , 9,10.3, 11.1.2, 14.2.2, Unforeseen Conditions, Concealed or Unknown 157.7 3.7.4, 8.3.1, 10.3 swty'00ftwt of °; Unit Prices 92.5,9142;9.1 7.3.3.2, 9.1.2 Surwo Use of Documents LlT,23.4 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 savewon, lfbe (IMP !er Convenience Use of Site 143 3.13, 6.1.1, 6.2.1 s Values, Schedule of 9.2, 9.3.1 SWensio 'o�T ` ��u �**e Contract Waiver of Claims by the Architect 5A.1AJ4 ��Il�i�i 13.3.2 Takes Waiver of Claims by the Contractor 3.6 3,12A 7.14AI 9.10.5, 13.3.2, 15.1.7 Teen hythe Coahimtor Waiver of Claims by the Owner 14.1,15.1.7 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Tel b1r8000wer for Cause Waiver of Consequential Damages 5.4 11.1,14Z,15.1.7 14.2.4, 15.1.7 Te rnierMou by- 01MW for Couvej&nce Waiver of Liens 14.4 9.3, 9.10.2, 9.10.4 Termindillqn of the Architect Waivers of Subrogation 2.3.3 = 6.1.1, 11.3 Tellm uatr Employment Warranty 14.E 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, �.�� 15.1.2 TLRNONAT IMN C1 SU44iil 3N OF THE Weather Delays CONTRACT 8.3, 15.1.6.2 14 Work, Definition of Tests and Iteegfec 1.1.3 3.13,3.3.3, 3.7.1, 4.22,42A42.9, 9A.2, 9.8.3, Written Consent 9.9.2, 9.101,1€0.3.w2, 12.2.1 13.4 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, TIME 13.2, 13.3.2, 15.4.4.2 S Written Interpretations Tate, DelaysmW ' sions of 4.2.11, 4.2.12 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, Written Orders 143.2,10.4,14.3.2, 15.1.6, 15.2.5 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. AIA Document A201-- 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 9 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 19 23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale User Notes: (1130578266) ARTICLE 1 GENERAL PROVISIONS § 1;1 Basic Definitions U1 Contract Documents Tl C6itlt'act Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreenal and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Arawi,aags, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Wdifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract sued by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor cl»ge in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not inchuh: the advertisement or invitation to bid, Instructions to Bidders, sample forms, other im%rmationfiarvished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions ofAdiliendatellating to bidding or proposal requirements. 2Th ct The Cosi"I'Docamelials foon the Contract for Construction. The Contract represents the entire and integrated agireemelailleiween'1filep '' hereto and supersedes prior negotiations, representations, or agreements, either written or oraal. ` Coutraet may ie attended or modified only by a Modification. The Contract Documents shall not be cones 1o, creak 'ac 1 relationship of any kind (1) between the Contractor and the Architect or the At ct!s'co nts,(2)'between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner aWtheATclilikaor dw A,t tect's consultants, or (4) between any persons or entities other than the Owner and the ,ptor. :The Ardkimet shall,, however, be entitled to performance and enforcement of obligations under the contma in edt , JaCWtaftp lformance of the Architect's duties. §1.1.3ihel wk The "WaW maw*gconstruction and services required by the Contract Documents, whether completed or pardal�vomplet4 and include& all other labor, materials, equipment, and services provided or to be provided by the C'oubsetorrto MM the Contractor's obligations. The Work may constitute the whole or a part of the Project. § iAA7b& P'reject TbeProodis life lotal construction of which the Work performed under the Contract Documents may be the whole or a which may iiG construction by the Owner and by Separate Contractors. .5 The 81SAW Ilai I are the graphic al portions of the Contract Documents showing the design, location and dime o f+ a -*&, generaffyincluding plans, elevations, sections, details, schedules, and diagrams. § 1.1S71* Specfications The Specificallions are that por6m of the Contract Documents consisting of the written requirements for materials, equipment, systerns, standar& and waTkmanship for the Work, and performance of related services. § 11.12 instruments of So v InstrumentsofSery celant lrepirtlWtations, in any medium of expression now known or later developed, of the tangible and intangible creative, ed by the Architect and the Architect's consultants under their respective profession-d-saVioes agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, i Vs, specifications, and other similar materials. § 111.8 Initial fkrcisim IWker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in ac"dance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and sail aadt he liabie for results of interpretations or decisions rendered in good faith. § 2 ;,a plo,allailwand Intent of the Contract Documents the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Init. AIA Document A201 I"— 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA-'1 Document is protected by U.S. Copyright Law and International Treaties. 10 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 19.2104 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or Fpeable, then that provision shall be revised to the extent necessary to make that provision legal and vInkrawNe. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give eked lathe parties' intentions and purposes in executing the Contract. UlOrganization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not tontrol the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be paformed by any trader. 12.3 UnlessAtherwilleislillilted in the Contract Documents, words that have well-known technical or construction "stry memos arm in the Contract Documents in accordance with such recognized meanings. IV CapAW11,18Wn T&Im�u. s cased tral Conditions include those that are (1) specifically defined, (2) the titles of numbered les, , th f46m documents published by the American Institute of Architects. 4 1.41niemietaitlos In ei4leaest*FbIliCvitIyAwCpntract Documents frequently omit modifying words such as "all" and "any" and articles ss"*e"ally*a9e1brti ie fact that a modifier or an article is absent from one statement and appears in another is dod tMwil imiterlImtation of either statement. gs, Specifications, and Other Instruments of Service �.1 lfies a� itect's consultants shall be deemed the authors and owners of their respective "stts Cf+etvjng the Drawings and Specifications, and retain all common law, statutory, and other reserveld*bts inik*-- is of Service, including copyrights. The Contractor, Subcontractors, Subws0bca& raciw$6,sappilliers shall not own or claim a copyright in the Instruments of Service. Submittal or ditto ace oWkW.agulatory requirements or for other purposes in connection with the Project is not to be qossovedas pub ' ` "rogation of the Architect's or Architect's consultants' reserved rights. "'le Conti - tractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the ffikr� ms t9 "'�I. #0Mded to tt�, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely Itxclu�r r�#Il1I1on of do Wow All copies made under this authorization shall bear the copyright notice, if my, sillo wau the Instruments ofServke. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use theFService to other projects or for additions to the Project outside the scope of the Work without *e Wcifle wriUm tx�senit of the Owner, Architect, and the Architect's consultants. 16 fVAvq*JW_0ttWWis& Otonded in Section 1.6.2, where the Contract Documents require one party to notify or eotice to the other party, such notice shall be provided in writing to the designated representative of the party to the notice is 46divssedwd shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic tr ifa method for electronic transmission is set forth in the Agreement. 1.6.2 IskAkeefC. as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been t3aly served! X *vered to the designated representative of the party to whom the notice is addressed by certified vwlrgistered OsA, courier providing proof of delivery. § 1.7 Digital Data Use and Transmission Tie pwties shad agree upon protocols governing the transmission and use of Instruments of Service or any other ttr4ocumentation in digital form. The parties will use AIA Document E203T"-2013, Building �eling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and . t W of divibi data. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203T"--2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document Init. AIA Document A201-- 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIAI" 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 19*23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) G202Tm-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building hijonnationn model, and each of their agents and employees. ANTmit! OWNER § 2.1 General L'Ll The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise prc�rided in ',ion 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Own�authot�;'epresentative. V.2 Thee` ` r s" lwnish to the Contractor, within fifteen days after receipt of a written request, information necessary > rcleua* %tithe Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such ilthrmadoit, I kwhii'a erect statement of the record legal title to the property on which the Project is located, Nally c1 to va pid the Owner's interest therein. § 2.2 81do -i:e oti>tiwie financial Arrangements 22.1 Firmtoclown of the Work and upon written request by the Contractor, the Owner shall furnish to the Cbeftaciliar reaumbleirlillklelace that the Owner has made financial arrangements to fulfill the Owner's obligations undetthe t- I r shall have no obligation to commence the Work until the Owner provides such ce me Work is delayed under this Section 2.2.1, the Contract Time shall be extended P. 2.22 F*Il comwascment of the Work and upon written request by the Contractor, the Owner shall furnish to the Coattw4pr reasoesbk evidence that the Owner has made financial arrangements to fulfill the Owner's obligations finder track if Owner fails to make payments to the Contractor as the Contract Documents require; (2)dw aciaride writing areasonable concern regarding the Owner's ability to make payment when due; or(3)achange inthe Wo&rnaterially changes the Contract Sum. If the Owner fails to provide such evidence, as tequh* within fourliew days of the Contractor's request, the Contractor may immediately stop the Work and, in that evert, shall notify the Owueirlhat the Work has stopped. However, if the request is made because a change in the Work materlOy c act Sum up (3) above, the Contractor may immediately stop only that portion of the We aff'e,01"afige until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Corltract-Time shall be extendodapproptiately and the Contract Sum shall be increased by the amount of the Cont costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After theflwner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not ma" such fin tnents without prior notice to the Contractor. 22r4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the info confidential and shall not disclose it to any other person. However, the Contractor may disclose "co dentiat" ' on, after seven (7) days' notice to the Owner, where disclosure is required by law, inclining a subpoena cat ibm of compulsory legal process issued by a court or governmental entity, or by court or arbitratalt*)oil The Contractor may also disclose "confidential" information to its employees, consultants, sureties, S etc rs and their employees, Sub -subcontractors, and others who need to know the content of such informatiottsoleltywill exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner 2.11 p# for permits and fees that are the responsibility of the Contractor under the Contract Documents, includingAnse,tequired under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessumotsmd Charges required for construction, use or occupancy of permanent structures or for permanent cis in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. Init. AIA Document A201 T" — 2017. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by U.S. Copyright Law and Intemational Treaties. 2 Unauthorized reproduction or distribution of this AIA°" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:23:04 on 07/09/2018 under Order No_6026153152 which expires on 07/10/2019, and is not for resale_ User Notes: (1130578266) § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. IlU"e Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the sheathe 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 §13.5 The Owner shad furnish information or services required of the Owner by the Contract Documents with rmonable paxnptness.T a Owner shall also furnish any other information or services under the Owner's control and relevant to do ContralOWs performance of the Work with reasonable promptness after receiving the Contractor's . en regw0,11r sue 11Drmation or services. 113.6 UsilessiMbe>ivilifiGprovided in the Contract Documents, the Owner shall furnish to the Contractor one copy of dw Cone tDoc >> f'orpiorposes of making reproductions pursuant to Section 1.5.2. 2.4 'Ri toil ork Iftha ct tct +[ Work that is not in accordance with the requirements of the Contract Documents as re ' Seobpi1�Yeatedly fails to carry out Work in accordance with the Contract Documents, the Owner rw issile . a �i ©ll e Contractor to stop the Work, or any portion thereof, until the cause for such order has Wells nisiliilpkh Ae I t of the Owner to stop the Work shall not give rise to a duty on the part of the Owner >Ita+rcixe fir' a e bt of the Contractor or any other person or entity, except to the extent required by Socdork6A . .91Epwwer;Fitt pw tflnt the Work If tactor 1! care lects to carry out the Work in accordance with the Contract Documents and fails lrvi a daft `ipt of notice from the Owner to commence and continue correction of such default or 001- ndi lice aMlM porptness, the Owner may, without prejudice to other remedies the Owner may have, ccxilyet:iaudtdefa*ll'Iril k&. Such action by the Owner and amounts charged to the Contractor are both subject to pt alef _' erect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for wholu-JW " Oo the extent reasonably necessary to reimburse the Owner for the reasonable cost of 0 s J&4h g, 'ms. includ4 Owner's expenses and compensation for the Architect's additional services made nec y *.,*.,Aki& default, begleck or failure. If current and future payments are not sufficient to cover such u**, Gontracfor shall pdifference to the Owner. If the Contractor disagrees with the actions of the OwnedCrC t►r the its claimed as costs to the Owner, the Contractor may file a Claim pursuant to ARTIl ;3 CONTRACTOR'S � 3,1 A The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the 10601411lict Docwner if1,ar in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Pn*ct i lacaftd,'ibeContractor shall designate in writing a representative who shall have express audwrity to bind the Conkscoirwith respect to all matters under this Contract. The term "Contractor" means the ContractwordwGontractor's authorized representative. &1.2 Then 6 mall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract eidler by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, happ drovals required or performed by persons or entities other than the Contractor. $322VAwefCentract Documents and Field Conditions by Contractor MIElecutim of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Init. AIA DocumentA201T"'-2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA°' Document is protected by U.S. Copyright Law and International Treaties. 13 Unauthorized reproduction or distribution of this AIA°t 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the in n furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing related to that portion of the Work, and shall observe any conditions at the site affecting it. These oW s 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 tractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided k Contract Documents. 32.3 The CalatractorlsoM required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, o es, rules and regulations, or lawful orders of public authorities, but the Contractor shall ptly�to 41 hitect any nonconformity discovered by or made known to the Contractor as a request for m such*gas Architect may require. §3.2.41McCombullor befieves that additional cost or time is involved because of clarifications or instructions the Archbod issues iiamponsolotbe Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Coo*tor" stomaki Ckims as provided in Article 15. If the Contractor fails to perform the obligations of Se 3.2� 3.2.010,bntractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would,liav,o!bo*a the Contractor had performed such obligations. If the Contractor performs those obitgaltionst, ffie r not be liable to the Owner or Architect for damages resulting from errors, incorlsisteacks orommisious in Ole Contract Documents, for differences between field measurements or conditions and the CantrslldDoc or for nonconformities of the Contract Documents to applicable laws, statutes, ordinguees, poles, regulations, and lawful orders of public authorities. &3 i=mdCon on Procedures 3.3:# MwCoftwtorAWsupervise and direct the Work, using the Contractor's best skill and attention. The Coutug$W,allutil be rtonsible for, and have control over, construction means, methods, techniques, sequences, mW juouullares,mnitibub6ordinating all portions of the Work under the Contract. If the Contract Documents give ' tructious zonppmig construction means, methods, techniques, sequences, or procedures, the Contractor shalill evigeatethejsakty thereof and shall be solely responsible for the jobsite safety of such means, methods, twhniques, sequences, or procedui Uthe Contractor determines that such means, methods, techniques, sequences or proceilbipm=ay not be safe, the, Factor shall give timely notice to the Owner and Architect, and shall propose alterna s, techniques, sequences, or procedures. The Architect shall evaluate the proposed aft ati,� lbrii6hfamance with the design intent for the completed construction. Unless the Architect objects totheCio ractor'sproposed Wive, the Contractor shall perform the Work using its alternative means, methods, to sequences, or procedures. 3;.0 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, S actrars and *-pas an employees, and other persons or entities performing portions of the Work for, or on behalf oi, the C o r any of its Subcontractors. § 3.3.3 The Coctor shall be responsible for inspection of portions of Work already performed to determine that such portions.am in proper condition to receive subsequent Work. § 3.4 Labor and § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, mom, eqtipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other f services necessary for proper execution and completion of the Work, whether temporary or permanent and viihietber o rmot incorporated or to be incorporated in the Work. § W Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Init. AIA Document A201I"' — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA, Document is protected by U.S. Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this 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 19:23.04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly AMW in assigned to them. my I&I The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract wM be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further is that the Work will conform to the requirements of the Contract Documents and will be free from defects, gxoept for those inherentin the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforsldeg to these requirements may be considered defective. The Contractor's warranty excludes 1ldllmedy for dwage ord*ct caused by abuse, alterations to the Work not executed by the Contractor, improper or fficien " ; ten improper operation, or normal wear and tear and normal usage. If required by the Architect, tCon �� traall satisfactory evidence as to the kind and quality of materials and equipment. or other special warranties required by the Contract Documents shall be issued in the :ransferable to the Owner, and shall commence in accordance with Section 9.8.4. consumer, use and similar taxes for the Work provided by the Contractor that are ;ceived or negotiations concluded, whether or not yet effective or merely scheduled to Pompliance with Laws Id in the Contract Documents, the Contractor shall secure and pay for the building its, fees, licenses, and inspections by government agencies necessary for proper Work that are customarily secured after execution of the Contract and legally required Ilegotiations concluded. §372MwAContralcictr comply with and give notices required by applicable laws, statutes, ordinances, codes, ruhsalad wg anili awful orders of public authorities applicable to performance of the Work. ?3lie +ilt;lwtpe&rms Work ]snowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regu4sgme, itit JUW orders,a(publk authorities, the Contractor shall assume appropriate responsibility for such Work bear he costs ie to correction. �, ' R f UA Curm aw mKnom Conditions If dw Cotractor encounters ocallfikkIns at the site that are (1) subsurface or otherwise concealed physical conditions that ally from in the Contract Documents or (2) unknown physical conditions of an Unusual that r malliei, ty 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 notke to the OwnernsoocArchitect before conditions are disturbed and in no event later than 14 days after first observance 41be Architect will promptly investigate such conditions and, if the Architect determines that they differ mate apd'Cause an increase or decrease in the Contractor's cost of, or time required for, performanimefany part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract ctsbed. If the Architect determines that the conditions at the site are not materially different from those sated' � 0' C `" �t Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify 11*040 er and Contractor, stating the reasons. If either parry disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. K iia *e Course of the Work, the Contractor encounters human remains or recognizes the existence of burial nM*AMootiogical sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately sd, motions that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. [nit. AIA Document A201 TM — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA`" Document is protected by U.S. Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this AIAO' 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 19:23 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 3.8 Allowances §,3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covaedby allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but ctor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. §3 U Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other exqxwes contemplated for stated allowance amounts shall be included in the Contract Sum but not in dw allowances; and .31 whenoVereasts are more than or less than allowances, the Contract Sum shall be adjusted accordingly by ChAW Order. The amount of the Change Order shall reflect (1) the difference between actual costs and *eallowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. .3 JiillaI imd*0'ipmi under an allowance shall be selected by the Owner with reasonable promptness. 3.9 Sap"defiNrt § 39a TUCoaftoorAW employ a competent superintendent and necessary assistants who shall be in attendance at t Project nuance of the Work. The superintendent shall represent the Contractor, and communicalim gimmitttke sWerintendent shall be as binding as if given to the Contractor. f.2 as soak as practicable after award of the Contract, shall notify the Owner and Architect of the -none and Dal" rtsll UlIlImposed superintendent. Within 14 days of receipt of the information, the Architect may spti y dw Conowtorsilmdogwhether the Owner or the Architect (1) has reasonable objection to the proposed superilitendent or (esadditional time for review. Failure of the Architect to provide notice within the 14-day perms 311illo onstitilde, reasonable objection. § 3.0 The Contrac ar slmlift not employ a proposed superintendent to whom the Owner or Architect has made reasowlibilleand ' objection. The Contractor shall not change the superintendent without the Owner's consent, winch 1 not unreasavably be withheld or delayed. §3.f0 Co dp'sC ction and So ittal Schedules 5 $10.1 Tice Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's info a lboubt4Ws consftoction schedule for the Work. The schedule shall contain detail appropriate for the Project, i (1) fire doe of commencement of the Work, interim schedule milestone dates, and the date of Substandal Completion; (2) ansiVortionment of the Work by construction activity; and (3) the time required for one a each portiostlft Mork. The schedule shall provide for the orderly progression of the Work to cmpletimailvi shalt not exceedl-Ume limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 Th6�ntracUkprowpdy after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, Shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasoinalbily delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construct sqhed1 e� and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a s�*nhtsl stWule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor slmff not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § W 1 actor shall perform the Work in general accordance with the most recent schedules submitted to the 4wt>,et' and'Architect. 3- .JJ DoellMalm and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and Init. AIA Document A201 '" — 2017. Copyrght01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by U.S. Copyright Law and International Treaties. 16 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19 23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. 3.1p Drawings, Product Data and Samples §111i li aop 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 dw Work. 312.2 Product Data We illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and ta6er informaabion fu by the Contractor to illustrate materials or equipment for some portion of the Work. §312.3 Saallipla are pbjskal examples that illustrate materials, equipment, or workmanship, and establish standards by which fie ork bile judged. 312 4 a40*10rodwt Data, Samples, and similar submittals are not Contract Documents. Their purpose is todemamililifthoviir�cwkwtor proposes to conform to the information given and the design concept expressed in lure CcaNkn DoeaasrrMs fwdme portions of the Work for which the Contract Documents require submittals. Review by J* ectj salabjo-040*e limitations of Section 4.2.7. Informational submittals upon which the Architect is not expo i`tai�arlpo on may be so identified in the Contract Documents. Submittals that are not required by tom; ctell `,� °be returned by the Architect without action. 3JU ' ConttaQlplr tal? rrwiew for compliance with the Contract Documents, approve, and submit to the Achiteca Mop Deswitdact Data, Samples, and similar submittals required by the Contract Documents, in aocordance,wilt*Vsub*schedule approved by the Architect or, in the absence of an approved submittal wh wAreas ptness and in such sequence as to cause no delay in the Work or in the activities of the Owner, rc�' Sepa"k-' ' „ eats. MAsubwWrig WplDrawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owl chile+Contractor has (1) reviewed and approved them, (2) determined and verified materials, r e Y 1d construction criteria related thereto, or will do so, and (3) checked and coordinated the M catttai4 such submittals with the requirements of the Work and of the Contract Documents. 11112.7 The C0nh*cWr*all perfmm nD portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Prods DoW Samples, or similar submittals, until the respective submittal has been app tit. r §& lie Wtarlt shall be iia woonimce with approved submittals except that the Contractor shall not be relieved of re for deviations fim de requirements of the Contract Documents by the Architect's approval of Shop bra t D a, Sauliqlies, or similar submittals, unless the Contractor has specifically notified the Architect oleelch deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as miovichango in the a€�r2) a Change Order or Construction Change Directive has been issued authorizing the deviation. `I!Consraci� not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or si ls, by the Architect's approval thereof. § 3.12.9 The C,Ix*vc$or shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, pples, crs ittals, to revisions other than those requested by the Architect on previous submittals. In the absence of snodke, the Architect's approval of a resubmission shall not apply to such revisions. § 3.1214 File-. Co®tractor shall not be required to provide professional services that constitute the practice of 0II: Iormgineenng unless such services are specifically required by the Contract Documents for a portion of 6 s the Contractor needs to provide such services in order to carry out the Contractor's responsibilities ` ` deans, methods, techniques, sequences, and procedures. The Contractor shall not be required to Pmviileili�rial services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely Init. AIA Document A201I"' — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA, Document is protected by U.S. Copyright Law and International Treaties. 17 Unauthorized reproduction or distribution of this AIAI" 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 19:23 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, w1seksignature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and overt sainittals 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 Apc itect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, cerfifi6ations, and approvals performed or provided by such design professionals, provided the Owner and Architect haw specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §3 {12.10.2lfibe!CoaifadDocuments require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in dWforMspecifub by the Architect. 21 § 3'1313�e�Sitet The Ceistroctor sW coafine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules asltl regabokoss, imirMorders of public authorities, and the Contract Documents and shall not unreasonably e bey tba . wig ials or equipment. § Xi4Cuftsnd 09 § 3 r14.1 I*Conlmaw shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit to rpro t l areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to Wig, � Or Patching, unless otherwise required by the Contract Documents. M42 T111Mc Coatracftx shaft not damage or endanger a portion of the Work or fully or partially completed consirmcdon of&e Ovmw4u Separate Contractors by cutting, patching, or otherwise altering such construction, or by e pm 1be shall not cut or otherwise alter construction by the Owner or a Separate Contractor except wW`iniillsmn coilimi4the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The CAutnilcialr shall not Viably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwisila altearus$ Ile Work. s up § 3.15.1 The Contractor shall key the premises and surrounding area free from accumulation of waste materials and rubbish caused by opmtions under the Contract. At completion of the Work, the Contractor shall remove waste rubbish, the Contraclors tools, construction equipment, machinery, and surplus materials from and about the esct< § 3.1&2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shaft be entitled to reimbursement from the Contractor. § 34#Access to Worn The Contractorshall provide the Owner and Architect with access to the Work in preparation and progress wherever located. 53.17 RoyalftlI 0 Viand Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or anems is required by the Contract Documents, or where the copyright violations are contained in Drawings, Sp€ . , s, other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Init. AIA Document A201-- 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA1, Document is protected by U.S. Copyright Law and International Treaties, 18 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, MANOWs consultants, and agents and employees of any of them from and against claims, damages, losses, and including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provi&dthat such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to io or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent 'omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for verse acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified herewder. Such obligation shall not be construed to negate, abridge, or reduce other rights or oWgations ofindemr>ityltat would otherwise exist as to a party or person described in this Section 3.18. §118.2 In agairristasy person or entity indemnified under this Section 3.18 by an employee of the Contractor, a §+f U trues, respoodbilAimand limitations of authority of the Architect as set forth in the Contract Documents 1 not t r a ' or extended without written consent of the Owner, Contractor, and Architect. Consent be o held. § 42 IIl� atr:l ofthe Coact § -VeArchitect wM '' a administration of the Contract as described in the Contract Documents and will be ao tidC'swpre 'ring construction until the date the Architect issues the final Certificate for Payment. The A>G+fx�dkwlliillretify to act on behalf of the Owner only to the extent provided in the Contract Documents. J''be AvichbodwiIIIII visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with ;*eCiwner,' .f Vnerally Jim with the progress and quality of the portion of the Work completed, and to � I Itthe Wo>k [ wd is being performed in a manner indicating that the Work, when fully comp -Jaacoordancetfi the Contract Documents. However, the Architect will not be required to make tivealr s ou4ite inspections to check the quality or quantity of the Work. The Architect will not have oar, chge of, or reapt ' 'tsty for the construction means, methods, techniques, sequences or procedures, or for Tlcecautions Ito in connection with the Work, since these are solely the Contractor's rights and resspo 1 td"e Documents. §43.30n the basisolfdwsievisits, the Architect will keep the Owner reasonably informed about the progress and quality of the porttCi E4 tC completed, and promptly report to the Owner (1) known deviations from the Colu#1 Documents, � 4 eviations from the most recent construction schedule submitted by the Contractor, and (3) detedsmad deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure toper Work in accordance with the requirements of the Contract Documents. The Architect will not have controlw4werehuge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents oruioariasl or any other persons or entities performing portions of the Work. § 4.24 Cowwwwcations The Ownlermd Contractor shall include the Architect in all communications that relate to or affect the Architect's serAM4wpolailliepisional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct 'between the Owner and the Contractor otherwise relating to the Project. Communications by and w i fw 's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. Init. AIA Document A201T"' — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by U.S. Copyright Law and International Treaties. 9 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 44.0 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect -considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. fwer, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, "r agents or employees, or other persons or entities performing portions of the Work. §42.7 The Architect ViriElvieview and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drs s, Data, and Samples, but only for the limited purpose of checking for conformance with bifo.0 rmatiact o design concept expressed in the Contract Documents. The Architect's action will be taken in accordame with * submittal schedule approved by the Architect or, in the absence of an approved submittal edule, re promptness while allowing sufficient time in the Architect's professional judgment to it re3Y Ravivi✓ of such submittals is not conducted for the purpose of determining the accuracy and vornplelemlis of such as dimensions and quantities, or for substantiating instructions for installation or perforummee ofequipment orsystems, all of which remain the responsibility of the Contractor as required by the C o Architect's review of the Contractor's submittals shall not relieve the Contractor of the oil' s S, 3.5, and 3.12. The Architect's review shall not constitute approval of safety pc+ncnatiorilsorofat; 0- mosbruction means, methods, techniques, sequences, or procedures. The Architect's approval of aspecific " shaindicalleapproval of an assembly of which the item is a component. 1.'2 8 TheAArch`pdet wre Change Orders and Construction Change Directives, and may order minor changes in the Work asptovideldinSection 7.4. The Architect will investigate and make determinations and recommendations nglirdint Q , oncealedmdainknown conditions as provided in Section 3.7.4. § 4237he Arc t+ t act inspections to determine the date or dates of Substantial Completion and the date of fmal completion;» Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Oww., and records, written warranties and related documents required by the Contract and asscm; ',by the CocaUvAurpursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. §4210 Utie Owner and Archilect2gree, the Architect will provide one or more Project representatives to assist in carrying c1i� �i the A test's respvsibilities at the site. The Owner shall notify the Contractor of any change in the dies, respousilAities, and'fimitations of authority of the Project representatives. d 2'if Architect wili and decide matters concerning performance under, and requirements of, the Contract nts writtes4equest of either the Owner or Contractor. The Architect's response to such requests wi l be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Int' to ` t e6*ns of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents Slid will be in writing or in the form of drawings. When making such interpretations and decisioes, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality tp ellther, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Arch's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 1 tect will review and respond to requests for information about the Contract Documents. The Archite+ct's' espouse to such requests will be made in writing within any time limits agreed upon or otherwise with r omilll* promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications fitrespoust,to, the requests for information. Init. AIA Document A201 T"' — 2017. Copyrght(D 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 20 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:23.04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) ARTICLE SUBCONTRACTORS §,5.1 Definitions S 5.1.E A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the W€k at*e site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number aald ancims a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. S M 2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if siiagular in na inber and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. §&2 Awardef40cotliaeft and Other Contracts for Portions of the Work §&2.1 Unieartoterwiaesated in the Contract Documents, the Contractor, as soon as practicable after award of the Onstract,SWaoti[ySIMOwner and Architect of the persons or entities proposed for each principal portion of the Work, indlaillilift timmuto are to furnish materials or equipment fabricated to a special design. Within 14 days of reeeipt0tdi9infaMpll*n,OwArchitect may notify the Contractor whether the Owner or the Architect (1) has rmomilli Z jeeil Ic my sinch proposed person or entity or (2) requires additional time for review. Failure of the Arc %provMartoticievA&in the 14-day period shall constitute notice of no reasonable objection. §5M1Me 0 4111 for tllot contract with a proposed person or entity to whom the Owner or Architect has made rtrrtble ioa►.'The Contractor shall not be required to contract with anyone to whom the Contractor `has reasonable objection to a person or entity proposed by the Contractor, the r to whom the Owner or Architect has no reasonable objection. If the proposed but anably capable of performing the Work, the Contract Sum and Contract Time shall be Fference, if any, occasioned by such change, and an appropriate Change Order shall be Fthe substitute Subcontractor's Work. However, no increase in the Contract Sum or for such change unless the Contractor has acted promptly and responsively in §&Ulbe riot substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect reasomMe object to such substitution. 15.3 Svbconra46W I1MWions By approprialft wrii 'agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume towardibeCustractor all dwobfigadons and responsibilities, including the responsibility for safety of the SubcoubaeWS Wock that t1wCoeitractor, by these Contract Documents, assumes toward the Owner and Architect. Eacbl subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Doements with respedlodw Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, aad sW allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefitofa5 righb, 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 agmeallicaft with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execadmofthe subcontract agreement, copies of the Contract Documents to which the Subcontractor wi11 be bound, and, upw written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make of applicable portions of such documents available to their respective proposed Sub -subcontractors. ltAssignment of Subcontracts *wintract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. Init. AIA Document A201TM— 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this AIA°" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:23.04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and ` s under the subcontract. § ` won such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's co ation shall be equitably adjusted for increases in cost resulting from the suspension. § 5e43 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor orother entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall neverthekso, remain legally responsible for all of the successor contractor's obligations under the MT1CLE VdIMSTR MIN BY OWNER OR BY SEPARATE CONTRACTORS §lL1 Owi ht; arm Construction and to Award Separate Contracts §6,1.1 Theta="aloe Catractor(s)" shall mean other contractors retained by the Owner under separate e ll1e reseacs the right to perform construction or operations related to the Project with the Qwnees fad, and wi& Separate Contractors retained under Conditions of the Contract substantially similar to those of Combso, islichoding those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. W Whenteparatematractsare awarded for different portions of the Projector other construction or operations on the she, theslarm toc'r in the Contract Documents in each case shall mean the Contractor who executes each senaratz-Chmer-QuiltractorAgreement. §16.13 Ike Owner sJwM pirevide for coordination of the activities of the Owner's own forces and of each Separate Contractor with tlallofthe Contractor, who shall cooperate with them. The Contractor shall participate with any SeparoloCArtracbmsanld t*flwner in reviewing their construction schedules. The Contractor shall make any revisklies to its vonstructim schedule deemed necessary after a joint review and mutual agreement. The construction scheddlesshall thenthe schedules to be used by the Contractor, Separate Contractors, and the Owner until § ILIA Unlessadurwise provided in the Contract Documents, when the Owner performs construction or operations relatedtotheftojeavr0the Owaaler's own forces or with Separate Contractors, the Owner or its Separate Contractors sal Wmthesame obligations and rights that the Contractor has under the Conditions of the Contract, including, without others, those stilted in Article 3, this Article 6, and Articles 10, 11, and 12. §Uftbilal Res"nsibiIity § MI The Contractor shad afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If partof the Ctatt'acto's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that: would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractortank e Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an ad novAedgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. The Contractor shall not be responsible for distrettaiitackstsr defects in the construction or operations by the Owner or Separate Contractor that are not apparent. 1623 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of'Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsibSe,to dw Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. Init. AIA Document A201T"-2017. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA, Document is protected by U.S. Copyright Law and International Treaties. 22 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 19:2304 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are wed for the Contractor in Section 3.14. §&3tmer's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their receive contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the (;weer may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGE$ iTHE WORK may be accomplished after execution of the Contract, and without invalidating the Construction Change Directive or order for a minor change in the Work, subject to the cle 7 and elsewhere in the Contract Documents. §TJ.2 A, e � based upon agreement among the Owner, Contractor, and Architect. A Construction tivt relrillIltelcment by the Owner and Architect and may or may not be agreed to by the Contractor. An om; * a o*'the Work may be issued by the Architect alone. § 71.30argam— the Willett shall be performed under applicable provisions of the Contract Documents. The Caminworshwor; with changes in the Work, unless otherwise provided in the Change Order, C;or tructiotltClra WV6ectii *,nr order for a minor change in the Work. $7.2 Change Ualm §7-Z1 lit; ChmVIDrdwisa€written instrument prepared by the Architect and signed by the Owner, Contractor, and ArchillectUatingAkdragwruca upon all of the following: ,# IU itiange ja tie Work; 2 Mr armun afthe adjustment, if any, in the Contract Sum; and 3 The,Rxbot4the adjustment, if any, in the Contract Time. §73CMdruction Char pDoctives §73.1 A Co f3aage Directive is a written order prepared by the Architect and signed by the Owner and Architect, N cc rt4bga7ige in *e Wo#prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, arbt. The Owner may by,Coinstruction Change Directive, without invalidating the Contract, order changes in the WockuN&JIliepwral. scope kifthe Contract consisting of additions, deletions, or other revisions, the Contract Sm and b ` adjusted accordingly. § IUA4,00r4ction Ce shall be used in the absence of total agreement on the terms of a Change Order.' § 7.0 if the Cons e Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of them ods: .1 Mutual acttqtanc; of a lump sum properly itemized and supported by sufficient substantiating data to pierwit evaluation; 2 * pltces stated in the Contract Documents or subsequently agreed upon; .3 C, oist* be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. ITJUlftteCoaEractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Aschillect sWU determine the adjustment on the basis of reasonable expenditures and savings of those performing tie W+o& ble to the change, including, in case of an increase in the Contract Sum, an amount for overhead and proftasset fa$ in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: Init. AIA Document A201 — — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA6 Document is protected by U.S. Copyright Law and International Treaties. 23 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) i Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and Costs of supervision and field office personnel directly attributable to the change. ontraci©rdisagrees with the adjustment in the Contract Time, the Contractor may make a Claim in appficabile provisions of Article 15. Change Directive, the Contractor shall promptly proceed with the change in the ;ct of the Contractor's agreement or disagreement with the method, if any, Directive for determining the proposed adjustment in the Contract Sum or NeW Directive signed by the Contractor indicates the Contractor's agreement therewith, Cdoltract Sum and Contract Time or the method for determining them. Such agreement shall r(aed shell be recorded as a Change Order. allowed by the Contractor to the Owner for a deletion or change that results in a net 1 be actual net cost as confirmed by the Architect. When both additions and credits ions are involved in a change, the allowance for overhead and profit shall be figured with respect to that change. l deserlinklialtion of the total cost of a Construction Change Directive to the Owner, the Contractor ***Work completed under the Construction Change Directive in Applications for Payment. The = interim determination for purposes of monthly certification for payment for those costs and She aft that the Architect determines, in the Architect's professional judgment, to be .The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7-3-14Wbow1be0wiff and Contractor agree with a determination made by the Architect concerning the adjustments in€ the ConiractSm and Comract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective-ilturned6tely and the � t will prepare a Change Order. Change Orders may be issued for all or any part of a C.n Change I relic . §TA Minor -Changes in the Work The Architea may orderminor changes in the Work that are consistent with the intent of the Contract Documents and do not invoive an ent: in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writin& If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change intbe Wo& If the Contractor performs the Work set forth in the Architect's order for a minor change without per noticellotbe Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to t*e act Sum or extension of the Contract Time. ARTICLE g „ TWE &I.i bidessniberwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the'C'ontract,Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. Init. AIA Document A201 — — 2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970. 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 24 Unauthorized reproduction or distribution of this AIAI"" 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 19:23 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. SUPOWess and Completion §&X4 rune limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the;Cx=ractor confirms that the Contract Time is a reasonable period for performing the Work. f2 22 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effect a date of insurance required to be furnished by the Contractor and Owner. The Gtaitractovf proceed expeditiously with adequate forces and shall achieve Substantial Completion the C:.natttact TWIlliIs. <' Time lied at any time in the commencement or progress of the Work by (1) an act or neglect of ;�ployee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) ['+delay in deliveries, unavoidable casualties, adverse weather conditions documented in k.2, or other causes beyond the Contractor's control; (4) by delay authorized by the binding dispute resolution; or (5) by other causes that the Contractor asserts, and the -lay, then the Contract Time shall be extended for such reasonable time as the Architect be made in accordance with applicable provisions of Article 15. preclude recovery of damages for delay by either party under other provisions of the LV mliiiiNl. LLlll_ ARn=* PAi' MT4A16COMPLETION &1 tkabodSum :. stated in the Agreement and, including authorized adjustments, is the total amount payable r for performance of the Work under the Contract Documents. If 9rAt gated in dw Contract Documents or subsequently agreed upon, and if quantities originally zte materially cha'9ed so that application of such unit prices to the actual quantities causes substantial yI*do OnswerContractcw, the applicable unit prices shall be equitably adjusted. t12,30adule dWues Whft0A0CoWact is has __ +atlt u " d sum or Guaranteed Maximum Price, the Contractor shall submit a tia AdidlillkIdbefore the first Application for Payment, allocating the entire Contract Sum to the vadws portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substowiate its ac t>Ilbed by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for re**wh is Applications for Payment. Any changes to the schedule of values shall be subusWed to the Arc =d stWorted by such data to substantiate its accuracy as the Architect may require, and unless >ltlr by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for i°'iayment. 9.3 Applicafla *1*1i ment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Archked as iized Application for Payment prepared in accordance with the schedule of values, if required under Sectim9.2iltrclompleted portions of the Work. The application shall be notarized, if required, and supported by all daftsubstoodad* the Contractor's right to payment that the Owner or Architect require, such as copies of It altsttreleases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if ��1Ae Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. Init. AIA Document A201-- 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA, Document is protected by U.S. Copyright Law and International Treaties. 25 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/1012019, and is not for resale. User Notes: (1130578266) § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Coulasetor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom Ow Cnistractor intends to pay. § 9-U Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by w Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location aVeed upon in writing-,,,Vayment for materials and equipment stored on or off the site shall be conditioned upon conripliance 1r, the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otheF*iw protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to dwsbe, for such materials and equipment stored off the site. §9.3.3 The, c kauts that title to all Work covered by an Application for Payment will pass to the Owner no later the time eill The Contractor further warrants that upon submittal of an Application for Payment all Work floc ' G " tes,%tPayment have been previously issued and payments received from the Owner shall, to the bestofte Coetractorrsknowledge, information, and belief, be free and clear of liens, claims, security interests, or eric s, in favoroftle Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, m JaMrngsl III to the Work. § "9.�i�ertifiq�s fot i�tli�t §SAI T r&i1 , wAWn seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Ossm a OutificatelAwNyment in the full amount of the Application for Payment, with a copy to the Contractor ntractor wrier a Certificate for Payment for such amount as the Architect determines is properly due, > J11otid e C ar and Owner of the Architect's reasons for withholding certification in part as provided in Section %5J ; or (3)1al hcsld certification of the entire Application for Payment, and notify the Contractor and Owner of the Ascibecesreason forwitiholding certification in whole as provided in Section 9.5.1. §11"11scissuanceofiCertificate for Payment will constitute a representation by the Architect to the Owner, based on: teWs le+l+aination of the Work and the data in the Application for Payment, that, to the best of the Arch`ArchiaMN knowledge„ information, and belief, the Work has progressed to the point indicated, the quality of the W accordance vii the Contract Documents, and that the Contractor is entitled to payment in the amount certified. T'he fov representations are subject to an evaluation of the Work for conformance with the Contract Documean upon Substantial Completioin, to results of subsequent tests and inspections, to correction of minor deviations,the ct is prior to completion, and to specific qualifications expressed by the Architect. However,, issues ll c ertificate for Payment will not be a representation that the Architect has (1) made exhaustim or contirtuous on-silici ctions to check the quality or quantity of the Work; (2) reviewed construction means, meads, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcouteeptors and Tiers and other data requested by the Owner to substantiate the Contractor's right to payment; or made' examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the,Co § 9.5Decisions to Witt I I CardIcation § 9.5.1 The Asdaitact 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 Astisitectis unable to certify payment in the amount of the Application, the Architect will notify the Contractor and was 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 represeaatations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discowred4idmce, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as lfsemasary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, ins ` '_ moulting from acts and omissions described in Section 3.3.2, because of defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; Init. AIA Document A20111- 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by U.S. Copyright Law and International Treaties. 26 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19 23.04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) .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; A 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 3 repeated failure to carry out the Work in accordance with the Contract Documents. J Z When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. §95.3 When dae reasonbbr withholding certification are removed, certification will be made for amounts previously held. §U.4 If tin ArchitodmAkholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, isme joilfcheds toSe Contractor and to any Subcontractor or supplier to whom the Contractor failed to make pornent fd[Wbrl �y ormed or material or equipment suitably delivered. If the Owner makes payments by Jointc t$IIt Qip(g f i ify the Architect and the Contractor shall reflect such payment on its next Application §M1 rl►#er.IerArch*4bs issued a Certificate for Payment, the Owner shall make payment in the manner and wid"fie thimprovi" n tha ontract Documents, and shall so notify the Architect. S!.#1.2 Aw Connieftr6aldplgxeach Subcontractor, no later than seven days after receipt of payment from the Owner, &t amountto the tractor is entitled, reflecting percentages actually retained from payments to the Conb=Wr maccouid.eflim Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with o"Subco nquire each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9,i.3IU Archbect rvkenrequest, furnish to a Subcontractor, if practicable, information regarding percentages of compledim4w anxMINSallified for by the Contractor and action taken thereon by the Architect and Owner on account ofportion of *e VM&dune by such Subcontractor. §SU I%e Qwneciatimsight to request written evidence from the Contractor that the Contractor has properly paid Sabcontraelr�t�r s mil suppPers urwaitspaid by the Owner to the Contractor for subcontracted Work. If the Contractor fi& to for"such evidence wAiatieven days, the Owner shall have the right to contact Subcontractors and suppiiesslQ ther 44�4_ ve been properly paid. Neither the Owner nor Architect shall have an obligation is pay, or w so*lps y ' ' t of money to, a Subcontractor or supplier, except as may otherwise be required by law. $. Vactor's "liers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 acIM" § 9.6.fi A CertificawforPsymeW,a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not coRstitute'aacep6miftof Work not in accordance with the Contract Documents. § 9.6.7 Uniclia6cContractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be bdd by the Cookadarfor those Subcontractors or suppliers who performed Work or furnished materials, or both, tmtler contract wA dwContractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or owt liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of against the Contractor for breach of the requirements of this provision. *9MPrrevided`the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defendmd iodmnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. Init. AIA Document A201I"' — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA", Document is protected by U.S. Copyright Law and International Treaties. 27 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 19 23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 9.7 Failure of Payment ; ` Ax4iitect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after pi`the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days AftelrdwA ate established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute )resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Wwentil payment of the amount owing has been received. The Contract Time shall be extended appropriately and AeContract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest atprovided for in the Contract Documents. Subs Co -$.1 Sub,, eb� 1 Costollislion is the stage in the progress of the Work when the Work or designated portion thereof is s 'icientLymplu leteinswordance with the Contract Documents so that the Owner can occupy or utilize the Work for U.2 *e Cosalractortaonsiders that the Work, or a portion thereof which the Owner agrees to accept separately, is subsuefilay e, Contractor shall prepare and submit to the Architect a comprehensive list of items to be co or carriecied priolirtafinal payment. Failure to include an item on such list does not alter the responsibility of the torlom . , Work in accordance with the Contract Documents. ISAIupon receipt i d`toContsactor's list, the Architect will make an inspection to determine whether the Work or datignatedporboalbaeof is substantially complete. If the Architect's inspection discloses any item, whether or not included'oltibe Coultractoes fist, which is not sufficiently complete in accordance with the Contract Documents so the Ownervanocemownfilize the Work or designated portion thereof for its intended use, the Contractor shall, beforivissuasmoftheCertificate of Substantial Completion, complete or correct such item upon notification by the Arcchitect is suchcase,t11se'Coatractor shall then submit a request for another inspection by the Architect to determine Substanfid Co § { Vbm the Wte kordesignated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completim that shall establish the date of Substantial Completion; establish responsibilities of the Ownwaud ContracWr for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time widfm-wMchdwCbutraMrshall finish"items on the list accompanying the Certificate. Warranties required by the Contract Docummob AmB commesim on the date of Substantial Completion of the Work or designated portion thereof Mess ttewise provided in the Certificate of Substantial Completion. J&U The cute of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptancia of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, theOwnersblall make payer ofretainsge applying to the Work or designated portion thereof. Such payment shall be ai usted for%tat; that is incomplieW or not in accordance with the requirements of the Contract Documents. § 99 Partial Occupawyeer Use § 9.9.1 The turner it occuff or use any completed or partially completed portion of the Work at any stage when such portion is designated by sedate agreement with the Contractor, provided such occupancy or use is consented to by the irtsurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may com>me weer or not the portion is substantially complete, provided the Owner and Contractor have opted inwriting Ae responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, daulage, 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 portionsubstantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Stetiost 9.E.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the of *e Work shall be determined by written agreement between the Owner and Contractor or, if no meet is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. Init. AIA Document A201 Tr — 2017. Copyright m 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by U.S. Copyright Law and International Treaties. 28 Unauthorized reproduction or distribution of this AIA ` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19.23 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. SUM l Completion and Final Payment S&I&1 iFQon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon re pf a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds k acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly i�a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Archkect's on -site visits and inspections, the Work has been completed in accordance with the Gttlatract Documents aodtiat the entire balance found to be due the Contractor and noted in the final Certificate is due aud payable. 'lre ArchAeWs final Certificate for Payment will constitute a further representation that conditions listed in Section 03. as llilluiog Unt to the Contractor's being entitled to final payment have been fulfilled. nor any remaining retained percentage shall become due until the Contractor submits to kat payrolls, bills for materials and equipment, and other indebtedness connected with rpr the Owner's property might be responsible or encumbered (less amounts withheld Aherwise satisfied, (2) a certificate evidencing that insurance required by the Contract after final payment is currently in effect, (3) a written statement that the Contractor Surance will not be renewable to cover the period required by the Contract Documents, final payment, (5) documentation of any special warranties, such as manufacturers' motor warranties, and (6) if required by the Owner, other data establishing payment or sits receipts and releases and waivers of liens, claims, security interests, or Ila Contract, to the extent and in such form as may be designated by the Owner. If a Of a release or waiver required by the Owner, the Contractor may furnish a bond aemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, brance remains unsatisfied after payments are made, the Contractor shall refund to 3wner may be compelled to pay in discharging the lien, claim, security interest, or Os and reasonable attorneys' fees. §& I1f kfteES*MOM f Completion of the Work, final completion thereof is materially delayed through no fault of OW400intirector or, by Hof Change Orders affecting final completion, and the Architect so confirms, the Owner sh4upmap�f1' Mire Contractor and certification by the Architect, and without terminating the Contract, Make payrrcr>rrtp lttce dua portion of the Work fully completed, corrected, and accepted. If the Via' ce °oi Work nqi'A'dly o6impleted or corrected is less than retainage stipulated in the Contract Docuiviialia ma.-ulliuk have furnished, the written consent of the surety to payment of the balance due for that porwn of`*e'W#alt fidfy ompleted and accepted shall be submitted by the Contractor to the Architect prior to of uxt paymeoL Stwh payment shall be made under terms and conditions governing final payment, exoeall not cowaiver"of Claims. § S,'lM The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, wurity interests, or encumbrances arising out of the Contract and unsettled; .2 fail*6'o(dw_-.W4 to comply with the requirements of the Contract Documents; .3 term! warranties required by the Contract Documents; or A avidlits performed by the Owner, if permitted by the Contract Documents, after final payment. J V0.5 Aaceptow,of final payment by the Contractor, a Subcontractor, or, a supplier, shall constitute a waiver of ens by that �ept those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARM10 PROTECTION OF PERSONS AND PROPERTY Pautions and Programs all be responsible for initiating, maintaining, and supervising all safety precautions and programs in to performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to Init. AIA Document A201 — — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 29 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 19 23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019. and is not for resale. User Notes: (1130578266) .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and ,3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 12.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, its and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, kiury, or loss. 1.2.3 ThA:oatacp 1 implement, erect, and maintain, as required by existing conditions and performance of Contra,, iisonulble'satfeguards for safety and protection, including posting danger signs and other warnings against h praoddloing safety regulations; and notifying the owners and users of adjacent sites and utilities of safe 110.2AVIt6a usebrOorapof or other hazardous materials or equipment, or unusual methods are necessay for execution of dw Work, the Contractor shall exercise utmost care and carry on such activities under su►r oferlWied personnel. 1Thra pptly remedy damage and loss (other than damage or loss insured under property ice hired by ire Coatract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whiWe qll oC `, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of theat, orby41nyonallbirwhose acts they may be liable and for which the Contractor is responsible under Stctiiams 102-1.2 and 14 Z:13': The Contractor may make a Claim for the cost to remedy the damage or loss to the extent stichdamaptrioss is attributable to acts or omissions of the Owner or Architect or anyone directly or in ' p b5' eitb rcllftthem, or by anyone for whose acts either of them may be liable, and not attributable to the f" arnegHgence ofdw Contractor. The foregoing obligations of the Contractor are in addition to the ContracWs obligations under Section 3.18. 1 Ue Contractor sball, designate a responsible member of the Contractor's organization at the site whose duty shall beOte preventiliet4accidents. This, person shall be the Contractor's superintendent unless otherwise designated by the Coiftactior in writing to the (honer and Architect. 40.211 C racitluirshall nAoarmit any part of the construction or site to be loaded so as to cause damage or create an unsafe conditiom AU w Damage Il PlellteCla apr Property Ifeathtr suffers injury (w to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be .given to the other part;Ilr wWu a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to tOO4 the party to investigate the matter. 10.3 Hazardous Materials and Substances 10.3.1 TU,Contractor is responsible for compliance with any requirements included in the Contract Documents carding liazardonss materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contra& 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 .polychlonialated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition,lately stop Work in the affected area and notify the Owner and Architect of the condition. 1U.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify di6 presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will Init. AIA Document A201— — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. 30 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 19:23 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) 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 �wltlYp,**e Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. VJhmdw material or substance has been rendered harmless, Work in the affected area shall resume upon written agreenat of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Cc)atract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and ,3 To the fullest Went permitted by law, the Owner shall indemnify and hold harmless the Contractor, ,ntractolrs, Arch' Architect's consultants, and agents and employees of any of them from and against claims, ;es, losses, and ses, including but not limited to attorneys' fees, arising out of or resulting from manse of he Wkl4la the affected area if in fact the material or substance presents the risk of bodily injury or as domed i>t W' n 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or se is#*&at *:kodily injury, sickness, disease or death, or to injury to or destruction of tangible property ttE'4V 9.0 rcept to the extent that such damage, loss, or expense is due to the fault or negligence of rsO Q t be responsible under this Section 10.3 for hazardous materials or substances the brii**D tbq**4wless such materials or substances are required by the Contract Documents. The Owner 20awdous materials or substances required by the Contract Documents, except to the extent of t et['3f EMWe in the use and handling of such materials or substances. 16, is iburse the Owner for the cost and expense the Owner incurs (1) for remediation of yr s the Contractor brings to the site and negligently handles, or (2) where the £+Istoo pelptls obligations under Section 10.3.1, except to the extent that the cost and expense are due ier's fails ieelscce. the part of the Contractor, the Contractor is held liable by a government agency for -dous material or substance solely by reason of performing Work as required by the shall reimburse the Contractor for all cost and expense thereby incurred. safety o persons or property, the Contractor shall act, at the Contractor's discretion, to damage, injwyry or Joss. Additional compensation or extension of time claimed by the Contractor on icy shall be determined as provided in Article 15 and Article 7. LANCE AND Insur , I shaff Owtbme and maintain insurance of the types and limits of liability, containing the subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract dull purchase and maintain the required insurance from an insurance company or eis ly=thorized to issue insurance in the jurisdiction where the Project is located. The utd Aoct's consultants shall be named as additional insureds under the Contractor's I liability policy or as otherwise described in the Contract Documents. 11.1.2 TheCowhvdos'shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as Y00ii4 the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is lam. §'M1.3 Upinidwrequest of any person or entity appearing to be a potential beneficiary of bonds covering payment of under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or Init. AIA Document A201 TM — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA�l Document is protected by U.S. Copyright Law and International Treaties. 31 Unauthorized reproduction or distribution of this AIV' 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the ure nt of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve AieContractor of any contractual obligation to provide any required coverage. § 11.2 Owner's Insurance § '11Z1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the ehidersements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Own shall purchase and maintain the required insurance from an insurance company or insurance panies lawfully a zed to issue insurance in the jurisdiction where the Project is located. 11.2.2 Failurelo Pu Required Property Insurance. If the Owner fails to purchase and maintain the required property insomince, wiWiM of the coverages and in the amounts described in the Agreement or elsewhere in the Contract I"loci menis, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt c'fsolt m from*e Owner, the Contractor may delay commencement of the Work and may obtain insurance willtivi esuiI Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure 11p,proiWoolverWbis l tared or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the ey O unr�� ilscure coverage, the Owner waives all rights against the Contractor, Subcontractors, and S444�untrato ci*wt the loss to the Owner would have been covered by the insurance to have been p aed by theOwnec VIC cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does r wide wriftn and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain die required iesuranim,the Owner shall reimburse the Contractor for all reasonable costs and damages utAdtle �tet�itt. f11,llotiee0Ca ` or Expiration of Owner's Required Property Insurance. Within three (3) business days of the ANc6c Ownertedonies aware of an impending or actual cancellation or expiration of any property insurance reqok- 016y the ert tents, the Owner shall provide notice to the Contractor of such impending or actual ca orexpir�_ ss the lapse in coverage arises from an act or omission of the Contractor. (1) the _ _ C upon mai1ptofootice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cad by dw procureinent of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum sh" be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, md'Si ontractors to the extent any loss to the Owner would have been covered by the insurance huldhit nor -expired or bom-cancellod. If the Contractor purchases replacement coverage, the cost of the insurance shall be eha�d W the Owner by an Approprilite Change Order. The furnishing of notice by the Owner shall not relieve the 0 wneibf my coultrwItual obligafim to provide required insurance. § f1 M The Owner and Cow1mctor waive all rights against (1) each other and any of their subcontractors, sub-suboontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Sate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages cinimid by fire, or othweausies of loss, to the extent those losses are covered by property insurance required by the Agreement or other ante applicable to the Project, except such rights as they have to proceeds of such insurance. The Owned Ithiclior, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subs The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursoaettothis section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to per onor entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) wbethiff or not the person or entity had an insurable interest in the damaged property. § _ If dumg the Project construction period the Owner insures properties, real or personal or both, at or adjacent to by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. AIA Document A201 T* — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`' Document, or any portion of it, may result in severe civil and criminal penalties, and will be 32 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19 23 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of uscof dw Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fmaralder hazards however caused. '1't'�Adjustment and Settlement of Insured Loss § "AI A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as "ciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to ndguirementsof any ajcable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor t>5Ci1°just shwesof insurance proceeds received by the Owner, and by appropriate agreements the Architect cord Contradlershall ouieepayments to their consultants and Subcontractors in similar manner. § ".5.2 Piiiw lDsetticount of an insured loss, the Owner shall notify the Contractor of the terms of the proposed emea lsv*11 ifstWprallnxed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt efaotiMll$4WedW> o p ed settlement or allocation of the proceeds. If the Contractor does not object, the Owner" settk*eJoss#oddie Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner silliall,tla0�wran;tG Beds in a separate account and make the appropriate distributions. Thereafter, if no oth�jrtao>iiesleta�trlplrie Owner does not terminate the Contract for convenience, the Owner and Contractor shot C*ut 11Mir*1dC for reconstruction of the damaged or destroyed Work in the amount allocated for that 1pol't. Ifrctne*objects to either the terms of the proposed settlement or the allocation of the po0WdsJOwl rpr to settle the insured loss, and any dispute between the Owner and Contractor arising cwRof t lemitstr of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any Mute, thre Q rr, lrtay,,WConstruction Change Directive for the reconstruction of the damaged or destroyed CORRECTION OF WORK y as.�arw�vr ■�wR ; § M1 AMAp*rtic&eftl w W*tk is covered contrary to the Architect's request or to requirements specifically expressed in the ct , it must, if requested in writing by the Architect, be uncovered for the Architect's esmaiiiissolion and be repisced at the Contractor's expense without change in the Contract Time. § 1 1.2 If paetiiel - 0fdw Work has bm covered that the Architect has not specifically requested to examine prior to ids being t vwcd, the Architect =W re West to see such Work and it shall be uncovered by the Contractor. If such Work is inscowdemewlith the C ntmct Documents, the Contractor shall be entitled to an equitable adjustment to the Contact Shor Md Cbs0ract Time as may be appropriate. If such Work is not in accordance with the Contract the costs of unc tble Work, and the cost of correction, shall be at the Contractor's expense. $12.2 CP scillie- of Awk I U 2.1 Before Substantial Completion III,-.Contracsor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, add before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting su&Ji mp Work, including additional testing and inspections, the cost of uncovering and replacenu t, clod compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractoesexpew- § 42.2.2 After SAAa F Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Cva2,p i a of the Work or designated portion thereof or after the date for commencement of warranties established 56otio 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Wo& is Ioeindto be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it a ttdGeipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a aL ie of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during Init. AIA Document A201 — — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this AIA!" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:23.04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12222 The one-year period for correction of Work shall be extended with respect to portions of Work first perfortined after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. §'12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The CAmtractol shall remove from the site portions of the Work that are not in accordance with the reWirementsofthe Cautlact Documents and are neither corrected by the Contractor nor accepted by the Owner. § U.2.4 The CAmtraclioriihall bear the cost of correcting destroyed or damaged construction of the Owner or Separate C tracjoM et)s p or partially completed, caused by the Contractor's correction or removal of Work that is not in acconlaumvill1h that uirements of the Contract Documents. is Section 12.2 shall be construed to establish a period of limitation with respect to has under the Contract Documents. Establishment of the one-year period for in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the the time within which the obligation to comply with the Contract Documents may be :time within which proceedings may be commenced to establish the Contractor's actor's obligations other than specifically to correct the Work. §123/kcepiww o11foNP, brmingWork If the Owner prefaxs to accept Work that is not in accordance with the requirements of the Contract Documents, the Ow>Arera q do so iasl of hiring its removal and correction, in which case the Contract Sum will be reduced as approprift and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MINICELLANIFFOUS PROVISIONS § 13.1 Gawrerning Law The C intractshatibe Moillelmed by the law of the place where the Project is located, excluding that jurisdiction's choice of law ruk& ffthe parties turivesellected arbitration as the method of binding dispute resolution, the Federal Arbitrates Act shall govern SaeGm` 15.4. §.2 Su turd Assigns § '.1 The O liner and Co ectively bind themselves, their partners, successors, assigns, and legal representatives to covenants edits, and obligations contained in the Contract Documents. Except as provided in Section I3..2, aeit party ,,*' ""Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligatiomunder the Contract. § 132-2 The Owner may, without Consent of the Contractor, assign the Contract to a lender providing construction financing forthe Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractorshail-execute all consents reasonably required to facilitate the assignment. § 13.3 Rights andiimedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in additwa to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. 11332 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded th m under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. Init. AIA Document A2011"— 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA", Document is protected by U.S. Copyright Law and International Treaties. 34 Unauthorized reproduction or distribution of this AIA°i 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract UOs and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public . Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public author+, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect notice of when and where tests and inspections are to be made so that the Architect may be present for such p+oatdures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or n tiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals w)lpre buil f ccodes or applicable laws or regulations so require. If thechitin `! ✓ner, or public authorities having jurisdiction determine that portions of the Work require .at Vo0q, inn, or approval not included under Section 13.4.1, the Architect will, upon written ;alti=*orn finer,, instruct the Contractor to make arrangements for such additional testing, inspection, or 4*48 erl eple to the Owner, and the Contractor shall give timely notice to the Architect of when ro and i%ectialals are to be made so that the Architect may be present for such procedures. Such costs, pollwidled Se 3.4.3, shall be at the Owner's expense. Ifr s inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions Itrkbipt aequirements established by the Contract Documents, all costs made necessary by such in �trvepQftd procedures and compensation for the Architect's services and expenses, shall be at §'E M Tots amen9awaible § M InterM Pityn partiessVeei the ftoject inspection, or approval shall, unless otherwise required by the Contract )r and promptly delivered to the Architect. rve tests, inspections, or approvals required by the Contract Documents, the Architect practicable, at the normal place of testing. conducted pursuant to the Contract Documents shall be made promptly to avoid underdw Contract Documents shall bear interest from the date payment is due at the rate the ng or, in ate absence thereof, at the legal rate prevailing from time to time at the place where ARI 1E11MINATI MION OF THE CONTRACT 44.1$A1111tU1 ib floe Cc M1,.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no ad or fault of tl� � � ..,,t, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities pe& 1110W mum of the Work, for any of the following reasons: .1 issuarlce'4adarlder of a court or other public authority having jurisdiction that requires all Work to be sided; Z AItAdofgovernment, such as a declaration of national emergency, that requires all Work to be gappok .3 Becausithe 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 A T- k Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. 4.�.2 actor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a uw�W, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. [nit. AIA Document A201 TM — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA", Document is protected by U.S. Copyright Law and International Treaties. 35 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 19:23 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as 'reaselsable overhead and profit on Work not executed, and costs incurred by reason of such termination. '."[A `"the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a SubcQuiractor, a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions ofthe Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. U.2 Termidion by>11*Owner for Cause 14.2.1 Th4i ier milly Ile tninate the Contract if the Contractor 1 repeate y refuses or fails to supply enough properly skilled workers or proper materials; . flails to m*e payment to Subcontractors or suppliers in accordance with the respective agreements etwom ithe Contractor and the Subcontractors or suppliers; ,;kAvilly disnards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a PaW authority; or r " ise is guilty of substantial breach of a provision of the Contract Documents. § U21 Why r ofti e rimons described in Section 14.2.1 exist, and upon certification by the Architect that sit ciatioexisislojestify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and'sifier giviiiig the Co *actor and the Contractor's surety, if any, seven days' notice, terminate employment of the for aed may, subject to any prior rights of the surety: .1 FAckde doC,oinitractor from the site and take possession of all materials, equipment, tools, and donstrgWolit equipment and machinery thereon owned by the Contractor; .2 A t of subcontracts pursuant to Section 5.4; and ate Vim k1by whatever reasonable method the Owner may deem expedient. Upon written request t e C ubveW ', the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by Ow 0wowin finishing the Work. S 1423 When the Owner to urinates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to recein Rather payment until the Work is finished. § U.2.40thle unpaid balance of&eContract Sum exceeds costs of finishing the Work, including compensation for the ArchiftWsservices, and expenses made necessary thereby, and other damages incurred by the Owner and not expressly wq'r#v4 suchi excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the C'.cbeL'rector pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, certified by f " Decision Maker, upon application, and this obligation for payment shall survive Ibn ofthe (7iocitnI §''U3 uspe"on by*&OAm for Convenience § 14.3.1 The4wnermay, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for su& period of time as the Owner may determine. § 14.3.2 TUcCoutma Sum and Contract Time shall be adjusted for increases in the cost and time caused by susl:iension,oriMemtption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause ur which the Contractor is responsible; or t an equitable adjustment is made or denied under another provision of the Contract. 1"T its by the Owner for Convenience §UAI 11holOilwoer may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; AIA Document A201 T° — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA1 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 36 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) .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. AM In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work pro�trly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. ARTICLE 154: IMS DISPUTES §15.1 Clainpl 15.1.1 D A Claim "40warlideruzerLion by one of the parties seeking, as a matter of right, payment of money, a change in the C 'Claitract 71 1.a vith respect to the terms of the Contract. The term "Claim" also includes other disputes "din the Owner and Contractor arising out of or relating to the Contract. The responsibility 1111)aule C306-5sh-111" i6i with the party making the Claim. This Section 15.1.1 does not require the Owner to -77 1e a CW6-9in oodwfo iwoeib liquidated damages in accordance with the Contract Documents. § f3.1«Ziimtt,�ll�s alb A a4vommence all Claims and causes of action against the other and arising out of or tc __�e�' contract, tort, breach of warranty or otherwise, in accordance with the requirements 1ltMe dMiGxesmethod selected in the Agreement and within the period specified by applicable law, but in any castablignore years after the date of Substantial Completion of the Work. The Owner and Conr Fall Viand causes of action not commenced in accordance with this Section 15.1.2. § liriry �Cwner or Contractor, where the condition giving rise to the Claim is first discovered ptireiuti� qCd for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the after and t it MG iihl Decision Maker with a copy sent to the Architect, if the Architect is not serving as the hdtWBobision Malcer. Ckims by either party under this Section 15.1.3.1 shall be initiated within 21 days after ese o 4*0411�g rise to su&;Claim or within 21 days after the claimant first recognizes the condition g riichevW6. § 15.1.32Chimbyerlfier the Owner or Contractor, where the condition giving rise to the Claim is first discovered aftrexpirai ilwafteperiodfor correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the otha In sueh event, ntAlwwwwun by the Initial Decision Maker is required. 11514ii *-tg tractf*06ro nce W.4. � riding final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Ar ck 14, the Con&adwsbah proceed diligently with performance of the Contract and the Owner shall continue to make paym in' v h the Contract Documents. 15.1.4.2 act Surn and Contract Time shall be adjusted in accordance with the Initial Decision Maker's 8ecision, *6c right of either party to proceed in accordance with this Article 15. The Architect will issue Cartificates tarPaywAW in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost if" —,0,W wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 Illret 4fore proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not s relating to an emergency endangering life or property arising under Section 10.4. I'!6.' s Chimfw Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. Init. AIA Document A201I"' — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and Intemational Treaties. 37 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably andciipiailed, and had an adverse effect on the scheduled construction. wt giver of Claims for Consequential Damages The Cuaatractor 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, businestd reputation, and for loss of management or employee productivity or of the services of such .2 1 This m accords fiWt tJ n WkW Do by the Contractor for principal office expenses including the compensation of A there, for losses of financing, business and reputation, and for loss of profit, except arising directly from the Work. without limitation, to all consequential damages due to either parry's termination in ng contained in this Section 15.1.7 shall be deemed to preclude assessment of ble, in accordance with the requirements of the Contract Documents. where the condition giving rise to the Claim is first discovered after expiration of the k set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be esker for initial decision. The Architect will serve as the Initial Decision Maker, unless ment. Except for those Claims excluded by this Section 15.2.1, an initial decision recedent to mediation of any Claim. If an initial decision has not been rendered within referred to the Initial Decision Maker, the party asserting the Claim may demand ;solution without a decision having been rendered. Unless the Initial Decision Maker Initial Decision Maker will not decide disputes between the Contractor and persons od Deidgan Maker will review Claims and within ten days of the receipt of a Claim take one or more actioaw.(I)klequest additional supporting data from the claimant or a response with supporting data Irty-(21**ct the CL-tim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) t tste initial Deciision Maker is unable to resolve the Claim if the Initial Decision Maker lacks ation to evaluAt dw tnerits of the Claim or if the Initial Decision Maker concludes that, in the Initial s , cretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. heating Claims, the lnitisl Decision Maker may, but shall not be obligated to, consult with or seek xn either patty or fmm pmons with special knowledge or expertise who may assist the Initial Decision Bring a ttecisim The Initial Decision Maker may request the Owner to authorize retention of such persons at Ithe Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party sibatl respond, within ten days after receipt of the request, and shall either (1) provide a response ondw requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of *e responsellin supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in 1- § 45.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that ft Isson Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the r=soels,go ,and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, c�nge in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on tl pa but *ject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. Init. AIA Document A201 r■ — 2017. Copynght0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA`' Document is protected by U.S. Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:23 04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation virWhis30days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proatowegs with respect to the initial decision. § 152.7 in the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, oftienature 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. J 15.2.8 If a Cairn relalla to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance taA app ' law to comply with the lien notice or filing deadlines. S".3 Mec*JA t * 113.3.1 Chiimid di fir other matters in controversy arising out of or related to the Contract, except those waived Asprovi irin Sec6s %1 .4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding tuto moo, S 15U,I ep to wor to resolve their Claims by mediation which, unless the parties mutually agree sh"` by the American Arbitration Association in accordance with its Construction Industry 11 I i1 P►�r ,W t on the date of the Agreement. A request for mediation shall be made in writing, dpliVend to Atbttcrvotl- Ao *e Contract, and filed with the person or entity administering the mediation. The Il St be miwie y with the filing of binding dispute resolution proceedings but, in such event, melfliatioo A1611 paoomid inn ce of binding dispute resolution proceedings, which shall be stayed pending mediation for a: peirifod 04*ys from the date of filing, unless stayed for a longer period by agreement of the parties orcokkKorder Man " is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the seleclpioa of the s) and agree upon a schedule for later proceedings. § 1 MEMker pnty nafy, 'W, 30 days from the date that mediation has been concluded without resolution of the displifter0daysaftwoeiffation has been demanded without resolution of the dispute, demand in writing that the otherplpttty'file *rbiloklimg dispute resolution. If such a demand is made and the party receiving the demand fails to file for biding dish ackolkiltion within 60 days after receipt thereof, then both parties waive their rights to binding resoles p00000&mgs with-re§pW to the initial decision. '15.3A71kcparties shall share aC for's fee and any filing fees equally. The mediation shall be held in the place where d e ftqled is led, u mother location is mutually agreed upon. Agreements reached in mediation shall be e"orcetbAtaa =1410i agreements in any court having jurisdiction thereof. � 4 i' ° AAJf ip,VWiea ve n ki itration as the method for binding dispute resolution in the Agreement, any CWm subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree ise, shall be,hiWargpdby the American Arbitration Association in accordance with its Construction Industry Arbitration lees in offect to the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unlensiotber location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered toIlkieotber partyto the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of d for arbitration must assert in the demand all Claims then known to that party on which arbitration isto be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in so event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim vmuld be banal by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demstedforaVoation by the person or entity administering the arbitration shall constitute the institution of legal or equittlbleproceeilings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Init. AIA Document A201 — — 2017. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA6 Document is protected by U.S. Copyright Law and International Treaties. 39 Unauthorized reproduction or distribution of this AIA11 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 13a1:+tConsolidation or Joinder § 15A.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rulesmmd methods for selecting arbitrator(s). 115.4.4.2 S to *o s of the American Arbitration Association or other applicable arbitration rules, either party tay include byjoinddrfmons or entities substantially involved in a common question of law or fact whose presence required if coltnplelter`ef is to be accorded in arbitration, provided that the party sought to be joined consents in wing to �o' 7, o t to arbitration involving an additional person or entity shall not constitute consent to " t)�ialtty d'' or other matter in question not described in the written consent. 15."3e Owatir acli#actor grant to any person or entity made a party to an arbitration conducted under this 15.4, r *JWbIlder or consolidation, the same rights of joinder and consolidation as those of the Owner A factor mdertilik4eement. AIA Document A201'" — 2017. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIAb Document is protected by U.S. Copyright Law and International Treaties. 40 " Unauthorized reproduction or distribution of this AIADocument, 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) Additions and Deletions Report for AIA DocumentA201 TM-2017. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA04 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale. User Notes: (1130578266) Coe M- ration of Document -S Authenticity cument D401 rM - 2oo.3 baeby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 19:23:04 on 07/09/2018 tolooder Order No. 602613152 from AIA Contract Documents software and that in preparing the attached final document I made no chmiges to the original text of AIA® Document A201 TM — 2017, General Conditions of the [Tract for�stru i . , as published by the AIA in its software, other than those additions and deletions shown in &Ieassociab"diti plod Deletions Report. AIA Document D401 TM — 2003. Copyright ® 1992 and 2003 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 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019, and is not for resale User Notes: (1130578266)