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City of Tamarac Resolution R-2019-049
TR #13275 May 31, 2019 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019 - Pi A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE CHANGE ORDERS NUMBERS ONE (1) THROUGH FIVE (5) TO THE ASSIGNED CONSTRUCTION AGREEMENT WITH THE MARKER GROUP, LLC THEREBY INCREASING THE CONTRACT BY ONE MILLION FORTY-ONE THOUSAND NINE HUNDRED THREE DOLLARS ($1,041,903) TO NINE MILLION TWO HUNDRED THIRTY FIVE THOUSAND SEVEN HUNDRED FIFTY-SEVEN DOLLARS ($9,235,757); AUTHORIZING THE CITY MANAGER TO APPROVE NON-MONETARY AMENDMENTS TO THE CONSTRUCTION CONTRACT; AUTHORIZING THE CITY MANAGER TO APPROVE LINE ITEM CHANGE ORDERS WITHIN 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 on file with the Clerk's office, 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, the City Commission of the City of Tamarac approved Resolution R-2019-35, attached hereto as Exhibit "1", authorizing the Assignment of Construction Agreement between AD 1 Tamarac Hotels, LLC and The Marker Group, LLC to the City of Tamarac; and WHEREAS, included in the Settlement and Release Agreement were several potential change orders included in Change Orders One (1) through Four (4) totaling Two Hundred Nine Thousand Nine Hundred Forty-Five Dollars ($209,945) attached hereto as Exhibit "2" that were approved by AD 1 and acknowledged by the City but not included yet as a part of The Marker Group Contract; and TR #13275 May 31, 2019 Page 2 of 4 WHEREAS, City staff and the Marker Group have negotiated additional changes to the Assigned Construction Contract included in Change Order Number Five (5) in the amount of Eight Hundred Thirty-One Thousand Nine Hundred Fifty- Eight Dollars ($831,958) attached hereto as Exhibit "3"; and WHEREAS, the Marker Group, LLC has agreed to accept Change Orders One (1) through Five (5) totaling One Million Forty-One Thousand Nine Hundred Three Dollars ($1,041,903) increasing the Construction Contract to Nine Million Two Hundred Thirty-Five Thousand Seven Hundred Fifty-Seven Dollars ($9,235,757); and WHEREAS, Change Orders One (1) through Five (5) do not increase the total project budget of Eleven Million One Hundred Twenty-Eight Two Hundred Eighty-One ($11,128,281); and WHEREAS, the Directors of Financial Services and Public Services recommend that the City Commission accept Change Orders One (1) through Five (5) and authorize the appropriate City Officials to execute the Change Orders as appropriate; 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 accept and authorize the appropriate City Officials to execute Change Orders One (1) through Five (5), as appropriate, increasing the Construction Contract with The Marker Group, LLC by One Million Forty-One Thousand Nine Hundred Three Dollars ($1,041,903) to Nine Million Two Hundred Thirty-Five Thousand Seven Hundred Fifty-Seven Dollars ($9,235,757), copies of Change Orders One (1) through Four (4) are included herein as Exhibit "2" and Change Order Number Five (5) is included herein as Exhibit "3" (attached hereto, incorporated herein, and made a specific part thereof). "The remainder of this page is intentionally left blank" TR #13275 May 31, 2019 Page 3 of 4 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 acceptance of and authorization to execute Change Orders One (1) through Five (5), as appropriate, increasing the Construction Contract with The Marker Group, LLC by One Million Forty-One Thousand Nine Hundred Three Dollars ($1,041,903) to Nine Million Two Hundred Thirty-Five Thousand Seven Hundred Fifty-Seven Dollars ($9,235,757), is in the best interest of the City of Tamarac and the residents and businesses located within the described area. SECTION 3: The City Commission hereby accepts and authorizes the appropriate City officials to execute Change Orders One (1) through Five (5), as appropriate, Change Orders One (1) through Four (4) and Change Order Number Five (5), both of which are included herein as Exhibit "2" and Exhibit "3", respectively. 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, PP 9 PP 9 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. TR #13275 May 31, 2019 Page 4of4 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. PASSED, ADOPTED AND APPROVED this day of f , 2019. J MICH LLE J. GOME , MAYOR ATTEST: PATRICIA A. TEUF L, MC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: V/M PLACKO I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 9 1 / SAMUEL S. GOREN, CITY ATTORNEI Exhibit "1 " TR #13250 May 1, 2019 Page 1 I CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019- 3-S— 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 l 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 r 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 23rd 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 "3",by 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" TR #13250 May 1, 2019 Page 4 PASSED, ADOPTED AND APPROVED this 2- day of 7797. , 2019. / ia MICH LLE J. GOJC/Or-a ___ ,. YOR ATTEST: PATRICIA A. TEUFEL, CM CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ 1,4 DIST 1: COMM. BOLTON DIST 2: COMM. GELIN _ DIST 3: COMM. FISHMAN DIST 4: V/M PLACKO I HEREBY CERTIFY that I have approved this RESOLUTION as to form. Steil SAM ' L S. GOREN; CITY ATTORNEY • ASSIGNMENT OF CONSTRUCTION AGREEMENT THIS ASSIGNMENT,dated this ( day of 747 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 88th 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 12th 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 88th 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 (00291880.1 2704-9499232} 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.] {00291880.1 270-9499232} Page 2 of 5 • IN WITNESS OF THE F�O GOING,I have set my hand and official seal at in the State and County aforesaid on this 7"" day of I r4y ,2019. NOTARY PC F,, ►wryela t.evy Slat*a Florida (Name of Notary Typed,Printed or Stampe4) -y� "s•. Gis My c mr,la..km FF 232 ,0 Exp4�ss G5lI P1O1''J 1)) ATTEST: ASSIGNEE: CITY OF TAMARAC BY: PAT TEUFEL, MICHAEL C.CERNECH CITY CLERK CITY MANAGER APPROVED AS TO FORM i CITY ATTORNEY (00281880.1VC04-80/1232► Page 3 of 4 ( The undersigned Contractor hereby consents to the Assignment of Construction Contract. CONTRACTOR: THE MARKER GROUP,LLC WITNESSES 'il•P�- V e 'c- BY: IA `4 � -�---- - Print Name: Gugu,�-,�Qi U-) on I 1il awRi artie Title: `f IP.S Cttn ri Ir v ' 'CV Print `ame ' 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 OREGOING,I have set my hand and official seal at in the State and County aforesaid on this ke day of 2019. Etica McC11200 Y p 4441.4 's .?/*t WITte"441 NOY brielm ni1c4,01(1 A u woo Bow (Name of Notary Typed,Printed or Stamped) (00291880.1 2704-9499232) Page 4 of 4 ` w 1111111//!' `�\\`P�AAAC //,/ _��.: \g� .tt 7, ATTEST: - ~' � SIGNEE: P� 6 4,40AA f' s....'... ir 7:. 3 U t,� '`�0P�' ,"�GiTY OF TAMA AC ',4g2111$ /I' 'PAR' D Gs-\`` . _. / : ...-----------7-' ' 'AT TEUFEL, . I 1 MICHAEL C.CERNECH CITY CLERK i CITY MANAGER APPROVED AS TO FORM • Varrgk ,i; s/6/It CI ATTO NEY 1 {00291860.12704-9499232} _ Page 4 of 5 eX 2 i INATA Document A102 - 2017 Standard Forst 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 I AGREEMENT made as of the 23rd day of May in the year 2018 (in won*,S1t&Cals day,month and year) ADomolte AND DELETIONS: The author delis document Ms BETWEEN the Onvnar added information needed for (Nance,legal slaftri,tadcbust and other i(fannatiar) completion.The author may alto ADI Tamarac Hotels,LLC have reweed the tend of the original Alex Frith:an AIA standard tom An#ddfawrs and 1955 Harrison Street,Suite 200 Ds5llorls Report Mel notes added Hollywood,Florida 33020 trrf+xmation at well as revisions to the standard form text Is available and the Contractor: from the author and strand be (Nacre legal strata,address and other information) reviewed.A vertical Iha In the left a u of We document tadreates I The Marker Group,lk whets the author has added dltsla Madder Construction Group neensary information and where j 226 SE 126.Avenue the author hes added to or deleted Fort Lauderdale,Florida 33301 from the original AIA tend. • • CGC 053557 This document hes Important legal consequences.Cotlsulhagori with an I for the fiaIlowiag Project: attorney Is encouraged with respect Warne,location and detailed description) to 1!s oorrNletion or modtacation. Country Crab do Girt Barn at Colony West Golf Club The Pis should complete 6300 NW nth Avenue A10211,-2017,Exhibit A,Insurance i Tamlrrac,Florida 33321this Agreement,and Bonds,orb with ; nent New two(2)storyA201*"�golf clubhouse and(1)story pro-engines ed cart barn MA Docoenw -20i7.Ger+eral condttone , of the Contract for Corratruchon,le The Architede alarm, legal status,address and other adopted . o not usedocu with by hr�rmali°ttj reference.Po use wkh other DLW Architect document condttlons unless thts document le modified. David Wallace 2020 NE 163rd St North Mimi Beech,Florida 33162 I I I The Owner and Contractor agree as follows. I • i iota MA noa .t ea. Ata td2s+-.2e17.Copy I 01920,ME,wet.Saba,lesttees,INT.tali,urn.leer.1997,2007 and 2017 le The American leettaee of AN rims reserved.W pduNp4(3:This AIM bocumart Is promoted by U.S.Copyright tow and 1Meraattonat Trestles.Unauthorized j too or d ibuilon of GO AlAe Dostaso t,or soy portion of It,rosy resat(In swore civil and criromet pommies,sad will to on:mooutad to nw �� sxlant pnaalbla adder qw►hw,7 ttlr doovatert was Produced hi NA Where d f 326 67 on Warfel;under Order No,ti009993726 which \ etlpaet as 07Nefrote,end is not tar r le ee. (low*otos: (3BQADA22) j � TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 TIE WORK OF THIS CONTRACT 3 RB.A'RONSHIP OF THE PARTLES • 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION S CONTRACT SliM 6 CHANGES N THE WORK 7 COSTS TO BE REIMBURSE 6 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,Supplementer',and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreornout and Modifications issued after execution of this Agreement,all of which fortn the Contract,and ate as fully a part of the Contracst as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements,either written or oral.If anything in the other Contract Documents,other-than a Modification,is inconsistent with this Agreement,this Agreement shall govern.An enumeration of the Contract Documents,other 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 Co treat Documents to be the responsibility of others. ARTICLE 3 RELATIONSHIP OF THE PARTIES The Connector accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the Owner,to furnish eft business administration and supervision;to furnish at all times an adequate supply of waiters and maUerials;and to perform the Work in an expeditious and economical manner consistent with the • mit MA Deeenbaat Ma-2,017.C.opy4pde11520,1a2S,1961,use,1961,taos,1ser,1874,isle,tee7.1667,2007 end 2017 by Ths AawIcan Mantua'of Amhara..All rtaM.rr..rwa.WARNMPQ:This MA°Document a'protected by U.S,copyright Law end leteraationsi Memos.Uneuthortzed l+ap►edoct n er dtsb button o[tbte AL a A°Document,or any portion of It,may rep deli severe vli and crin'4cal penalties,and wet be prosecuted to the 2 We) roazlsn ow extent passim.under t.low.Ttda desgeent was produced by AU loewwr at 13:36:67 en 06P21201 a under Order No.e009333726 which �►/ expires on e7Mont ia,gad Is not far made. lbw Nelsa• (389ADA22) i Owner's interests.The Owner agrees to furnish and approve,in a timely manner;Information required by the Contactor and to men payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 4 DATE OF COMUICEMENTAND SUBSTANTIAL COMPLETION §4,1 The date of cott»noement of the Work shall be: (Check one of thefollowtng boxes) [ 1 The date of this Agent. E ) A date set forth in a notice to proceed Issued by the Owner. I X) Established as follows: (Insert a dale or a means to determine the date of commencement of the Work) 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 from lending institution. 3) Original copy of"Builder's Risk"and/or"Ali Risk"Insurance policy naming Contractor as additional insured. 4) Original copy of recorded Broward County Notice of Commencement by(honer. S) A project fee in Sic amount of one hundred thousand dollars(S 100,000,00)will be due prior to mobilization. ( �ll l e d err Ci i�ts1- �-he 9 en e rat ct�ndthr)'ls as Cs'Ste&d 410 Q VVI(e. ls unweof nal permit, �dt S ui0 ve.�t� act•j ra?yvisr l alit be blurs 11)IY7 e tit If a date of commencement of the Work is not selected,then the date o commcncemeat shall be the date of this Agreement 7�`1 m-e t'1 rJ 6- • k Qt4Y7L. ter/ Oh h9Llk §4.2 The Contract Time shall be measured from the date of commencement of the Work, 1 one r" p y i C c n hztC §4.8 Substantial Ccmptelion • .(-4.,1'u-}'7 i 1. 1 4.3.1 s § abject 1D s�ustnlwts of the Contract as provided in that Contract Documents,the Contractor shall �/.. achieve Substantial Completion of the entire Work: (Cheek one of the following bears and completer the neeeesay irrforina(I on) X) Not later than 18 months or (54B)calendar days from the date of conimencentent of the Work.Cart Barn-S 1t2 months/Coimhy Club Structure-12 U2 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 su batantially completed,as defined herein,in accordance with the f •e flames set forth in the approved Progress Schedule, excluding Inclement Weather Delays,IIuilJar,,In •tion Delays(not re-inspections),and Named Storm Down Time(as defined below) Ld 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 conies 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. In"Iaciemcnt Weather Delays"shall mean delays(excluding named storm down time)when Contractor,in its reasonable discretion and in accordance with the general construction standards fit the Southeast Florida region, cannot perform the Work due to rainfall or inclement weather,or ongoing saturation from a prior weather event prevent works on the immediate following day. I i Init. noses.wtMm2m,-2a17.Coplalapleg 1920.1925,1951,uses,tact,teas,1907,1974,1070,1997,1997,2007 end?n17 by The American Inelflute of lam•Al rtph6 maenad.*ARMING:This Ale°Document Is protected by U.S,Copyright Law and international Treaties..Unauti,ortred 3 reproduction or dettribi*toe etas.AIA•Document,crony portion of ft,may resutl In severe civil and crdmdnal penaltle■ and Will be prosecuted to the t maximum went possible underl4e twee.This document Wes produced by,W sonnets et 19t36:57 on OS✓23/2018 under Order No_0009533720 Whittg) empires on oil/toraria.and O not lot meeie. tieerNobs; (3B9ADA22) / • "Named Storm Down Time"shelf 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 stain('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 1 performed by the Contractor doe to Named Storm and its aftermath,and a)Contractor is preparing for Named Storm In oonf+onnance with governmental and local requirements,or industry standards. "Inspection Delays" shall mean delays arising Brom 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. 1 I "Holidays"shall mean bank holidays end all rnunioipality based closed days recognized in the South Florida region. Contractor shall maces 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 Complettwa. The Contactor 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 Genetal Conditions ifs 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. §4.32 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work ate to be completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the lbllowhrg dates: l Portion of Work Substantial Completion Date §1.3.3If the Contractor fails to achieve Substantial Completion as provided in this Section 4.3,liquidated damages, if any,shall be assessed as set fbrth in Section 5.1.6. 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 ofContractor's the Work as defined in Artiole 7 plus the Contractor s Fat. §5.1.1 The Contractor's Fee: (Slate a lump sum,percentage a/Cast of the Warty or other provision for determining the Contractor's Fee) The Contractor's harp sum Fee shall be equal to six percent(6%)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(I 3)equal monthly payments of fifty thousand,eight hundred end seventy one dollars (3 S0,E71.0O),without retainage,starting the first 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(5 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: lilt MA aosunrsrdd A1021'--2017.copyrlphte 1020,1026,1,51,ism.tam,ices,1907,1/14,1078,1087,1027,2007'and 2017 by Tam American Institute or j ArddleaM.All*ebb reeerwd.NtARItING:'MN AIA.Ooconentis prcteoted by U.S,Copyright Law and latetnailonel ir/ettes,Unauthorized /�` roprodection ordlettnblion anode Apt'Dossrsent,or aay porton of a,may raga in severe civil and crimtnai penalties,and will be prosecuted to the 4. /' raantrnu extent possible under the law. document wet produced by MA software at 13:36:67 on 0512312018 under Order No,8008335726 which T� m Tura amine on retto2xrta,cad Is not torrents. ts. Meer NaW: (369}OA22) ' 1 i I 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 7.6,1,and additional daily General Conditions per colander 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 iti 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 §5.15 Unit prime,if any: (Identify the item and state tits unit price rind quantify limitations, f any,to which the unit price will be applicable.) nem Unita and Limitations Price Per Unit($0,00) §5.14 Liquidated damages,limy; (Insert terms and condition,for liquidated damages,(law.) If the Contractor fills to Substantially Complete the Wotk within fifteen(15)days after the agreed upon date of Substantial Completion set forth in this Agreement(as adjusted by written change order),the the Contractor agrees to pay the Owner,as liquidated damages,the sum of$ 1,000.00 per work clay 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 front the Contractors failure to timely complete the work. Owner and the Contractor recognize the delays,expense and difficulties involved in providing in en arbitration or judicial proceeding the actual loss suffered by the Oweer if the Work is not completed on time and accordingly,instead of requiring such proof§,they agree upon the above-stated amount as liquidated damages for delay(but not as penalty).The foregoing liquidated damages shall be in lien 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 moues of fifty(50%)of Contractors total fee. §5,1.7 Other, (Insert provisions fr bonus,cost swigs 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(l 5)days prior to the scheduled dates of Substantial Completion,Contractor shall receive an"Early Completion Bonus"in the amount of $1,000 por calendar day for each day completion is achieved in excess of fifteen(15)days,not to exceed$30,000 §6.2 Guaranteed Maximum Price §5.2,1 The Contract Sum is guaranteed by the Contractor not to exceed Fight million one hundred ninety three thousand,eight hundred fifty two dollars ($8,193,852.00 ),subject to additions and deductions by Change Order as provided in the Contract Documents.This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price,Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner, Upon Final Completion of the Work,if the Cost of the Work,plus the Contractor's Lump Sum Fees(a)Contractor Fee,(b)General Conditions,(o)Insurance,&(d)Bonds)are less than the Guaranteed Maximum Prince(43MP),as adjusted in accordance with this Agreement,then the difference shall be considered"Savings".The"Savings"shall be allocated as follows:a)sixty percent(60%)to Owner,and b)forty percent(40%)to Contractor. Owner shall recognize contractor's share of Savings as additional compensation via change order at Final Completion of the • Work and after all other payments are made In Final Payment to close the Project,Al]"Savings"will be placed into • intt pocu,aentA$/=w'-2007.Cepyrlglt01920,1026,1961,1008,1901,tem.tear,1974,1976.1857,1997,2007 and 2017 by The Amettoen Institute of Aarbllnda.Al eights merwd.WARNING:This ALAS Document to protected by U.B.Copyright Law and Internatlonat Tr./boot.Unauthorized roproductloa or esab$bUtfon cute:Ala'Maumee;or any portion of It,may result is severe civil and criminal penalties,mad w19 be prosecuted to th a teaxinrum asfart pasunle under eta ROW.7hb document Hone produced by A A software et 13:3e;57 on 06/23/2018 under order No,aeossss72awhich eltpaee en e7/10l211e,and la not for manta. User Netts: (389ADA22) ( 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 Colts, §5.2.2 Minutes §512.1 Alternates,if any,included in the Guaranteed Maximum Price; kern 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 Modfficetfon to this Agreement, (nnert below each alternate and the ccndMons that must be oast for the Owner to accept the alternate) Price Conditions for Acceptance §523 Allowances,if any,included in the Guaranteed Maximum Price: tit&each allowance) Item Price Clubhouse carved stairs $100,000.00 Site Lighting-Clubhouse&Cart Barn $ 155,000.00 §5.2.4 Assumption,If any,upon which the Guaranteed Maximum Price is based: (l each asawrip(tam.) see attached Exhibit'F'-Qmllfiantions 3c Assumptions This OMP is based on constitution starting per the attached Exhibit -Project Schedule,and concurrent construction of the Fairfield Inn Hotel under separate contract with shared General Conditions and utilities that feed the "shared"buildings. Pricingis based on hm&* mobilization. §52.5 §526 The Owner shall authorize preparation of novisions 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$ CHANGES M THE WORK §6.1 Adp>Strtwotrs to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed In Article 7 of A/A Document A201T14-20I7,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 AlA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term"fee"shall mean the Contractor's Fee as defamed in Section 5.1.1 of this Agreement. 6.4If no§ specific provision is made in Article 5 for aQ'jttstment(Attie 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 NNG Ab1 boorMttwtAlO:t"--mt7.copyipp,tetarra,1a26,test,108n,laei,1993,1967,1974,1978,1ae7,tYY7.20o7and 2017 by theAmednan lnataut.oF N1*5 .Ai Vita a weeed.WAIVING;Thai AbA•Document la protected by U.B.Copyright Lawand intematlonet Treaties.Unauthorized i ! repraducaoa or dlsklbaUen of Mk AU1e Do099a991.or any polfon of N,may r,ouf In sever*c ten sad criniaei p.nakles,and MO be prosecuted to the091 ( ! museums s non pottable under tA.law.This document was produced by NA aonser.at 13:3e:67 m oemai2010 under Order No.a[10933572e which eexi*s en 07/lazoi e.and is net For angle. User Malec tsaBAQA22) • Article 5 will cause substantial inequity to the Owner or Contractor,the Contractor's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COSTS TO BE REIMBURSED §7.1 Cost of ate Work §7,1.1 The term Cost of the Work shall mean coats 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. §7.12 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. 17.1.3 Costs shall be at rates not higher than the standard paid at the place of the Project,except with prior approval of the Owner, §72 Labor Coats §721 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. §722 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. j A list of the same are attached hereto as'l:achibit13',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 tiredly 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,prtiit sharing made by the Contractor to its superintendents,foreman,and managers on the Project with all such soma being included with the Lump Sump General Conditions in the GM?. §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 s tivities listed below: plan*,the personnel,rype of activity and,(f applicable,any agreed upon percentage of time to be devoted to the i 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 forthat portion of their time required for the Work. §7.2.4 Costs paid or marred by the Contractor,as required by law or collective bargaining agreements,for taxes, insurance,contributions,assessments,and benefits and,for personnel not covered by collective bargaining agreements,customsy 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. §72.5 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 Costa 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. Intt AN Desimnui*MCP"—2917.Copydas O 1a20,1926,lest lobe,lest,ten,1987,1974,ieia,19E7,1007,2007 and 2047 by The American Institute of AS doers►Navel.WARNING:This Me Document is protected by U.S.Copyright Law and International Treatise.Unauthorized 7 r lion or dFdrlptrtioa of this AlA"Document,or any portion of It,may result In severe civil and criminal penalties,and wilt ee prosecuted to the / wdrnf posssa tmdar tare law,Thus document was produced try AIA acAwaae al 13:98:67 on 05/29/2018 under order No.8008333726 which gia9 (k..." esphrs on 07i1 2e18,and M rot rw weals. 'Jura renew (3139ADA22} . §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 Coots of Oster Yatadels and Equipment,Temporary Faclitiee and Related Items §7.5.1 Costs of transportation,storage,installation,dismantling,maintenance,and removal of materials,supplies, ies , temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Contractor as 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 coat 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 it the Project site.Coats 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,minorlrepes,and rcneoval of such temporary facilities,machinery,equipment,and hand tools.Rates and quantities of equipment owned by the Contractor,or a related party as defined in Section 7,8,shall be subject to the Owner's prior approval.The total rental cost of any such equipment may riot exceed the purchase price of any comparable neon. §7.5.3 Costs ofreaooval of debris from the site of the Work and its proper and legal disposal. §7.5.4 Costs of the Coidraotor's site office,including general office equipment and supplies. §7.5,5 Costs of materials and equip ntent suitably stored off the site at a mutually acceptable location,subject to the Owner's prior approval. §7.6 lAlacapsmoua Coats ( §7.6.1 Premix nts for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Connact,inciuding Builder's Risk if to be provided by the Contractor,Contractor's General Liability • innsurenoe,and the Contractors Bond pursuant to Florida Statute 713.2.45 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 Memo*. { §7.6.1.1 { §7.5.1.2 §7.5.2 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 MA.Document A201-2017 or by other provisions of the Contract Documents,end 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. §7.5.5.1 The cost of defending suits or claims for infringement 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 en 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 A7A Document AIA Dcstre ut Alembutio f7.Copytlyht01920,1926,1961,1958,1961,la03,1967,1974,1978,1907,1997,2007 end 2017 by The ken icon Instiute of AwhNeob AMNpols rss rwd WARra1a(i:l its AWs oowms,t Is protsct.d by U.S.Copyright Law and Intsrnatlonal Trtatles,Unauthorized S reprodaatioa or pout,oa of this law.Document,orany portion of It may result in severe elv l and criminal penalties,and wW be prosecuted m the rr ,od,.., ::t Ow Min lined possbla tinder the law.Thla document was produced by AIR aofsrare at evere 7 on onfpa/2018 under order No.e00b39372a WWch ' ?t" aapllee on O7HW2D1e,end Is not for nacre, (305ADA22) 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 Pee or subject to the Guaranteed Maximum Price. §7.6.6 Costs for eammmlations services,electronic equipment,and software,directly related to the Work and located at the she,with the Owner's prior approval. §T.6.7 Al Costs of document reproductions and delivery chargesshatf be provided by Owner or billed separately as a I reimbursable item. §7.1,8 Deposits lost Por causes other than the Contractor's negligence or failure to fulfill a specifio responsibility in the Contract Dominants. §7.6.4 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 perfornsance 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 elbwanees 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 Costa and baarganciaa §7.7.1 Other costs incurred hi the per fo,stance of the Work,with the Owner's prior approval. §7.7.2 Costs incurred L taking action to prevent threatened damage,injury,or loss,in case of an emergency affecting the safety ofpersans and property,as provided in Article 10 of MA 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 Dot recovered by the Contractor from insurance,sureties,Subcontractors,suppliers,or others. §7.8 Related Party Traauctloss • §7,8.1 For purposes of this Section 7.8,the term"related party"shall mean(1)a parent,subsidiary,affiliate,or other entity having comma 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 often percent in • the aggregate;(3)any entity which hes 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. §7.82 If any of the coats to be reimbursed arise from a transaction between the Contractor and a related party,the Conhactor shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If the Owner,after such notification,authorizes the proposed transaction in writing,then the cost incurred shall be included as a cord 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 patty according to the terms of Article 10, ARTICLES COSTS NOT TO BE RE1103URSED §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 ofFioes other than the site office,except as specifically provided in Section 7.2,or as may be provided in Article 15; 1Mf. MA Dec*n antMss"_,2a9T_Coprg1i1101920,1926,1961,1968,1961,1063,1ae7,1974,197e,1987,t997,2007 and 2017 by The American Institute of Atdii .Aa d(iMa nsarwr.WARIANG1 This AtA•Document Is protected by U.S.Copyright Law end Intematlon al Trestles_tJnauthortred 9 reprcdodlon or distribution of thte MA•Document,or any portion of tt,may result lit severe civil and c ln,lnal penagtss,and will be proascuied to the extent possbIe under the law.Na document was produced by AtA software al 13:38:67 on 06/23/2018 under Order No,8009333728 which axons on 0120le,and is out rot mare. (3139ADA22) 2 Bonuses,profit sharing,incentive compensation,and any other discretionary payments,paid to anyone hired by the Contraotor or paid to any Subcontractor or vendor,unless the Owner has provided prior fPProval; a .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 far the World .ti B teeptes provided in Section 7.7,3 of this Agreement,costs duo 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 cod not speci&xliy and expressly described in Article 7;and 2 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE 9 DISCOUNTS,REBATES AND REFUNDS §9.1 Cash disootmta obtained on payments made by the Contractor shall accrue to the Owner if(1)before making the paymeatt,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 paymens;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 Ow ner as a dedtwticaa,from the Cost of the Work. ARTICLE 19 SUBCONTRACTS AND OTHER AGREEMENTS §t0.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own perm shall be preformed 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 Contraotor shall obtain bids from Subcontractors,and from suppliers of materials or equipment fabricated especially for the Wes,who are qualified to pew that portion of the Work in accordance with the requirements of the Contract Documents.The Contractor shall deliver such bids to the Architect and Owner with an 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 r+esponsibt'iity to perform the Work in accordance with the Contract Documents.The Contractor shall not be requited 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 Contractor;(2)is qualified to perform that portion of the Work;and(3)has submitted a bid that conforms to the requirements of the Contract Documents whhodreserwations 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 Contractor,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. §'t9.2 Snbeont acts 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 with regard to the Contractor in Article 11. trot. AlA Document Alm*'—�'Copydg tO 1920,1925,1961,1966,18a1,1983,1967,1974,1978,1997,1997,2007 and 2017 by Tile American institute of Atd11ke0►•AM itCMs Naecwd.WARMNG:This AIA'Rocument la protected by U.S.Copyright Law and ante netionaf Treaties.Unauthorized 10 reprodat tin or dta#rlbrkton of tide ATA5 Document,or any portion of h,may result In severe clvlf end ctlminai peneate'e and wilt ba prosecuted to the (`�5PC7/rr 1 mesknOm ax(ant possible under the taw.This document sac produced by MA eoflWwe at 13;38:67 on ON23/201a under Older No.9009333726 which e41aws on 07714/2a1 a,and is not for resale. Osier Notes: (se9ADA22) i ARTICLE 11 ACCOUNTING RECORDS The Contractor shall keep full and detailed records and accounts related to the Cost of the Work,and exercise such controls.as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Contractor's records and accounts,including complete documentation supporting accounting(*tries,books,job coat reports,correspondence,instructions,drawings,receipts,subcontracts, Subcontracor's proposals,Subcontractor's invoices,purchase orders,vouchets,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. ARTICLE12 PAYMENTS 512.1 Program Payments g 12..1.1 Based upon Applications for Payment submitted to the Architect by the Contactor,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 follow, §12.1,3 Provided that an Application for Payment is received by the Architect not later than 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 certified shall be made by the Owner not later than twenty (20 )days after the Architect receives the Application for Payment. (Federam state or local laws may require payment within a certain period((lime) r' Contractor has the right alter seven(7)days written notice to Owner,to stop work if payment has not been made. Additionally,If the Owner fails to make payments fora period of thirty(30)days,the Contractor may,upon seven (7)additional days written notice to Owner,terminate the Contact and recover from Owner payment as set forth in this agreement. All payments made to Contractor shall be by electronic wire per'Exhibit H`wiring instructions, §12.1.4 With each Application for Payment,the Contractor shall submit,receigted 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 antibutable to the Contractor's Fee. §12.14 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor is accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price aaong:(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. §12.1.5.1 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 Pike 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. Int AlA Doswea eA1aUN'—2017.Cnpyi it O The 1968,1981,1803,1987,1974,1978,1987,1997,2007 and 2017 by American InsptUla of McAMeCIS.AS data aarwd.WARMING:Tit.AIA'Document is proteoted by U,s.copyright Law sad International Trustier.Unauthorized 11 reproduction or disc ibidlon of tide AIAO Document,or any portion of It,may result In seVete claii and criminal penalties,and will be prosecuted to the eldent poeaibta wider the law.This document was produced by MA software at 13:38:57 on 06/23/2019 under Outer No,8000933729*Itch on O7n 0/201a,and la not far remain. it..rrraw4tim : (389ADA22) §12.1,5.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values,the Contractor shall 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 ofthat portion of the Work which has actually been completed;or(2)the percentage obtained by dividing(a)the expense nse 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, the amount of each progress payment shall be computed as follows: §12.1.7.1 The amount of each progress payment shall first include: P ,1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion ofthe Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of .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 stoned off the site at a location agreed upon in writing .3 That portion of Construction Change Directives that the Architect determine,in the Architect's 4 professional lodgment,to be reasonably justified;and §12.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount,ifany,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of ALA Document A20!2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, fatless 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 Am2ritect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of ALA 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 Retaining, §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 refafnagc from each Application for Payment. The amount of retainage may be limited by governing law) §12 .8.1.1 The following items are not subject to retainage: (insert any items not subject to the withholding ofretninage,such as general conditions, insurance, etc.) 1)General Conditions 2)Contractor Fee Insurances 4)Bonds §12.1.8.2 Reduction or limitation of retainage,if any,shall be as follows: Init. AlA Mor'-2117.CopynplriThe 1951,lass,10ei,1983,1987,1974,1978,1987,19a7,2007 and 2017 by American tuition,or l Ambiances,AN mahl'ressreed.WARsaNG:This AIAe Document Is protected by U.S.CopyrIQtitLew and International Trsatlee.Unauftmrizad � repesducttoa or dstrlbuliorl of its Aim Document,or any portion of It,may ran Ltd In savers shill end crfminal penalties,and will be prosecuted to the 12 t / maximum extent possible under the law.MP.docsmentwee produced by AlA software at 15_3e:57 on 0503/2018 under Order No.8009333728 which expires en 07f1af2018,and is not for resale, UN,01o1sa: (38aADA22) (;f the retal*7Se established In Section 12.1,8.1 is to be modified prior to Substantial Completion of the entire Work Inse r't provisions for larch nrodifcation.) l 10%Ratainege shall be withheld from progress payments to individual Subcontractor trades up to fifty percent (S0%)completion of that tradgVRetai age will be held from that point going forward pending Owner approval. trim §12.1.11,3 Except as set forth in this Se--Wm 12.1,8.3,upon Substantial Completion of the Work,the Contractor may submit an Application for Payment that includes the retaiaage withheld front 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; (hrsert airy other conditions for',lease of retainage,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 shall 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 materials or equipment which have not been delivered and suitably stored at the site. §12.1.11 The Owner and the Contractor chill agree upon a mutually acceptable procedure for review and approval of payments to&Menastra:tors,and the percentage of retainage held on Subcontracts,and the Contractot 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 sad eoatpl tetiess of the information furnished by the Contractor,and such action shall not be deetned to be a representation that(1)the Architect has made a detailed examination,audit,or arithmetic verification,of the dncuareltlttion submitted in accordance with Section 12.1.4 or other supporting data;(2)that the Architect has made exlsaastive or continuous on-site inspections;or(3)that the Architect has made examinations to ascertain how or for ;' what proposes the Contractor has used amounts previously paid on account of the Contract.Such examinations, audits,and verificative,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest ofthe Owner. §12.2 Foal Payment §1221 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 AlA Document A20 1-2017,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 the 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 attic written report described in Section 12.2.2,],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 A201-2017.The time periods stated in this Section 12.2.2 supersede those stated in Article 9 of AlA Document A201 2017.The Architect is not responsible for verifying the accuracy of the Contractor's final Wig. Init, MA Doataawa A102'"-9a47.Cagtj a 01920,1925,19S1,196B,last,1a65,1967,1074,1978,1987,1997,2007 and 2017 by The American institute of AN rights epeena d.WARPING:Tars AEA*Document Is protected by U.S.Copyright Law and International Treaties.Unauthortrad 13 //�p�t� of dletritrution of tills AIA Cceumsnt,orany portion or Et,may result In swore civil and artminsl penalties,and VI ba p►oaeauted to the {/Jrf I r resale.MM4 Ttrfs daeumatlt was prdduoad by NA sofdrere at i3:3a�57 on 0512912o is under Older No.e009Jss72a within �Cr sr�Yas on u7HUr2e1s,sndtsnat{� Naar sown (sB9ADA22) §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 ALA Document A20I 20I 7.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 lime Payment.Failure to request mediation within this 30-day period shall result is the substantiated amount reported by the Owner's auditors becoming binding on the Contractor.Pending a final resolution of thee disputed amount,the Owner shall pay the Contractor the amount certified in the Architect's final Certificate for Payment. §1224 The Owner's furl payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certitude for Payment,or as follows: §122.4If,subsequent to final payment,and at the Owner's request,the Contractor incurs costs,described in Article 7 and not excluded by Article a,to correct defective or nonconforming Work,the Owner shall reimburse the Contactor for such coats 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 Suns are provided for in Section 5,1.7,the amount of those adjustments shall be recalculated,taking into account any reenbursenteata made pursuant to this Section 12,2.4 in determining the net amount to be paid by the Owner to the Contactor. §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 looted (Insert rate of interest agreed upon, f any.) Mine plus 2 % ARTICLE 13 DISPUTE RESOLUTION §13.1 Initial Derision Mahar The Architect will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A20 t 2017,unless the parties appoint below another individual,not a party to the Agreement,to save as Initial Decision Maker. (Tf the parties snrdualfr agree,insert the name,address and other contact lu ormation of the Initial Decision Maker, V outer three the Architect,) §132 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: (Cheek the appropriate bar.) [ I Arbitration pursuant to Section 15 of AIA Document A201 2017 [X j Litigation in a court of competent jurisdiction [ THIS AGREEMENT SHALL BE INTERPRETED UNDER,AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OP 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 I»It. AIR Docu 141106 2047•CoVrdalaC 1920,1925,1951,1959,1981,1963,1967,1974,1976,1987,191r7,2007 and 2017 by The American Institute of Aro Bites.Ar rWds reaarltstl.WARMaifi:This AIA*Document is protaoted by U.S,Copyright Law and lntematonat Trestles,Unauthorized 14 raproducaort or dkklbunon of this AIM Document,or any portion of It,may raault In savers civil and criminal penalties,and will be prosecuted to file dJ / msWbnMrt eldest possible under the law.rbla document wee produced by MA software ad 10.9(067 on 05/23/201 a under Order No.9009323726 which / sttpbaa on 07/10/20141,and Is not hers a, User Notes' (3B9ADA22) 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 venom. 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 , §14.1 Tertnln>wt on §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 TitAdaahon by the Owner ter Cause §14.1.2,1 If the Owner teoninates the Contract for cause es 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 5.1.1 or,if the Contractor's Fee is stated as a fixed sum in that Section,an amount that bears the rime ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a namable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner;and .4 Stibnite the costs and damages incurred,or to be incurred,by the Owner under Article 14 of ALA Document A201-2017. §14.1.22 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 tbe Work under Section 14.1,2.1.1.To the extent that the Owner elects to take legal • assignment of subcontract,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 folly vesting in the Owner the tights and benefits of the Contractor under such subcontracts or purchase orders. §14.1.3 Termination by the Owner for Convenience lithe Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201-2017, thins the Owner shall pay the Contractor a termination fee as follows: (Insert the amount oforrnethodfor detennirung the fee, (fan)),payable to the Contractorfoflowing a termination for the Owner's convenience.) §14.2 Suspension The Work may be suspended by the Owner as provided in Article 14 of AEA Document A201-2017;in such case, the Guaranteed Maximan 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 LLANEOUS PROVISIONS §15.1 Where reference is made in this Agreement to a provision of ALA Document A201-2017 or another Contract DOCAltitents the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. _ IMt MA OraaaneeNAMIII^MtCopygpfrl O 1920,192S,1161,lass,1961,1963,1967,1974,197b,1687,1197,2007 end 2017 by The American Inaalute of Anfiarcfa,All rictus resarwd.WARMNGI This AV*Document is protected by U.S.Copyright Law and International Treaties.Unaut1torlxed yafir 6 eduction or dfeMbaflon oftads AIA•Document,or any portion of It,may result In severe shell and criminal penalties,and wit be ptvsecvted to the1masbeum extent poesade under age law.This document was prede d by ALA software et 13:36:67 ante/23/201e under Order No,e0oass3728 which M Mrs en o moots.and Is not forroeaie. (399ADA22) i §152 The Owner's representative: (Name,address,email address and other information) C3Flberio Sanchez ADl Global 1955 Harrison Street Hollywood,Florida 33020 (954)593-8252 office i §15.3 The Contractor's representative: (Name,address,email Deities and other information) Robert S.Fish,vice President-Commercial Group Samantha Vinc eety,Project Executive 226 SE 12th Avenue Fort Lauderdale,Florida 33301 RfillhOinstkaftx0116 Svincmty@tnarkeracom §15.4 Neither the Owner's nor the Contractor's representative shall bo changed without ten days'prior notice to the other patty. §15.5 k Duran and Bonds §16.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AlA Document Al o2T4-2017,Standard Faun of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Phis a Fee with a Guaranteed Maximum Price,Exhibit A,Insurance and Bonds,and elsewhere in the Contract Documents. §15.52 The Contractor shall provide bonds as set forth in AIA Document A 1027K-2017 Fxbibit A,and elsewhere In the Contract Documents. §15.6 Nut:w In acetonic format,pursuant to Article 1 of MA Document A201-2017,may be given in accordance with AlA Document B203T6t-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (.(f other than in accordance with Aj'l Document E203 2013,insert requirements for delivering notice in electronic format such as name,title,and email address of the recipient and whether and how the system will be required to generate a read receipt for the truttsmission.) §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: 1st Exhibit'F' written Qualifications&Assumptions 3rd Change Ciders and/or Change Directives 4th I bibit'B' Schedule of Values 5th this Agreement 6th Exhtblt'A'Insurance and Bonds provisions 7th Exhibit'C'Drawing Log 8th Exhibit'D'Project Schedule 9fh ail 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. AlA bawe.at AIaaw._2a'17.Copyrights 1920,192E,1961,1969,1961,1963,1967.1974,1978,1987.1997,2007 end 2017 by The American lnsetete of Init. Ardeltae4.AN flipMe neemed.WARNING:Tbie AIA*Document Is protested by U.S,copyright Law and lnternettonal Treaties.Unauthorized rapraduorton ortestribadlon of rile MA*Document,or any portion of IL,may result in severe chili end criminal penalties,and will be prosecuted to the 18 maxtrrmm*ewer permit&under the leer.This document was produced by AIA cabana.at 13:1e:67 on 05/23,20f9 under Order No.6009333726 which `\ expires on Ornremeia,eno b latter reel.. War Melee: • (JB9ADA71) i , ARTICLE 16 ENUMERATION Of CONTRACT DOCUMENTS §16.1 This Agreement is comprised of the fnollowing documents: .1 AlA Document A 102T''1-2017,Standard Form of Agreement Between Owner and Contractor I .3 AIA Document A201,Tot 2017,Gotland Conditions of the Contract for Constmction 1 A (Insert the date of the E203-20I3 incorporated inlo Chi:Agreement) .5 Drawings Number Title Date i sec attached Exhibit'C'Drawing .6 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 Other Exhibits: ` (Check all boxes ihai apply) Exhibit A Insurances Exhibit B' Schedule of Values Exhibit'C' •Drawing Log Fhibii'D' Project Schedule F3dIbit'E' 2018 Ste Rates r ritibit'F Qualyications&Assumptions Exhibit'G' Wiring Instructions J ALA Document B204r'(-2017,Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017 Incorporated into this Agreement.) [ J The Sustaumbility Plan: TIUe Date Pages . [ J Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents,if any,listed below: A1A Donator*Mfl --s17.Dwight C1e2o,1926,1061,1969,1961,1963-,1967,1574,1978,1987,1907,20D7 end 2017 by The American Institute or 1a1t, AfddLtda.Airfoils lMrlsd.WARNING:Ibis A1As Doolittle nt is protected by U.B.Copyright Law and International Treatlaa,Unauthortrrd 17 reproduction or dif/rtbpgon of Inds AIA•Doottm.nt,or any po$lon of it,may reatdt In sayers nlvil and odmin&wattles,and wit!be prosecuted to the 7 t dtenu,extent peIsi6ls wttlsr Ihr law,T t.document was produce i by MA software at 13:3647 on a6t23I201 a under Older No.eovas s72o which /Y`lJ saptros ail o7/fa20/a,and h aU for n.ste. User lfols.. (3BaADA221 { i (List here wry additional documents that are intended 10 formpart of the Contract Documents.AU Document A201 2017 provides that the advertisement or invitation to bid,Instructions to Bidders, sartple forms,the Contractor's bid or proposed,portions of Addenda relating to bidding or proposal requirements,and other irpbrmation furnished by the Owner in anticipation of receiving bids or proposals,are not part tithe Contract Documents unless enumerated in this Agreement.Any such documents should be fisted here only if intended to be part of the Contract Documents.) This Agreement entered taro as of the day and year first written above, f 1 COA C R(Signori/ ) Aleut Frklzan W.Grey Marker II President (Printednams and title) (Printed name and title) II ' I AlA Document A111216—2017_Capy99MO t920,1925,1951,1966,1961,1963,1867,1971,1976,1967,1997,2097 and 2817 by The Aaartcan fna0aub o< Ards .AN VW*reserve&WARNING:.This AIR,Document Is protected by U.S.Copyright Law and International Treatise.Uneuihortrad reproduction or Malawian of thisAMAe Document,or any portion of It,may wort an severe chili and crhninal penalties,and wal be prosecuted to the 18 r t nneldetum.Ktent poselbte under tit.law.This docyarent was produced by AlA software el 13;ae s7 on 06r23t2018 under Order No,60093337213 which �JJ expiate on 01rt or2016.aad Is not for reel.. User'Motes: (399ADA22) R CERTIFICATE OF LIABILITY INSURANCE eAINDIVe"Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOLE NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED HY THE POLICIES BEIAW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. - IMPORTANT: II the weasels holder le an ADDITIONAL INSURED,Me polcypos)must be endorsed. N SUBROGATION IS WAIVED, subject to the temp end conditions of tied poky,certain policies may require an endorsement, A statement on tide certificate does not tooter rights to the certificate holder In Mu of such enidontarpedN(s). Bateman Gordon and Sands —,NAMES GO 3050 North Federal Hwy &e1:954-841-0900 IH Neu 934.941-2o08 Lighthouse Point FL 33084 X�: kdumn(413G3Ai ricy.mm _ We UuER(e)APFORDINa COVERAGE NANO INSURER A:Atnertsure Parnere lneurance Company 11050 T Marker Group,LLC THE ROMER Et Amertsure insurance Co. 19488 d/b/a Marker Const►uotion Group tNsuReR a:Kinsale Inaurartce Company 38020 226 SE 12th Ave Matinee - For1 Lauderdale FL 33301 *omen E: Het7RER F: _COVERAGES CERTIFICATE NUMBER:803241160 REVISION NUMBER: ' THIS IS TO CERTFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 771E POLICY PERIOD INDICATED. NOTWITHSTANDRIO MY REQuIREMENT,TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS • CERTIFICATE MAY BE ISSUED OR MAY PERTMN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COMMONS OF SUCH POLICIES.LIWTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WsR pi P� LMITs �, TYrl�>rtilaNllCF roUCYNw,sea [PtMNPar/TY17,Aar" a GENERAL LJAINLIY Yr BL20706740e01 ef2a/1017 edmrlata EAG11OCCURRENCE $2,00g000 CHMADE X CavEd4CULd7U .LIABILITY P WRESTED .1FRENT Decal $100.000 i .IMDE QOC 2 MEDEXP(My am perm") .$6,000 ...-... PERSONAL 3 ACM INJURY 12,0E0,000 GENERALAGOREGATE 12.000,000 GEM_AGGREGATE�LIMITMPLIESPhi: PROOIIOTS-COMIPJOPAGG I2,000000 —1 POLICY 1 ^lw fl too s A AOTOMOvLE LJMtErTY YCA20703790706 SI20I2017 6(20/a01E C011 lSaNGt.E LNiirrIE4 eodd4r8 S d.000,000X ANYAUTrt 0001LYINJURYMarpenon) I ALL OYMED ACFFDULE0 AUros AUTOSBODILY WA1arY(Per erdderllj f X HIED ADT05 X aERTY GAlAGE 6 C UNONELLALA1 OCOURY0100062B02D 41200017 W20l201e eac tocc uRRENcE ie,000.000 X iaxcese LMAe OtA1M6.MADE AGGREGATE 48,000,000 GED 1 I NETEt42l0lfs $ a AM Tt Vc+d07o37S0'l0/ 6/20RAt7 8a?D/2016 X � � OT • OE}CLUDED?IEctclvE 1 7 HiA FEJ-.EACH ACCIDENT 81,000,000 1 (Medeterr to n) EA DISEASE-EA EMPLOYER i 1,000,000 �,esiaP�ONaraler LA OF CREAMING t Gott' E.L.DISEASE-POLICY Lost I 1,000,000 DESCRIPTION OP OPERAUON$ILOQAVONS l*emotes IANWa ACORD 101,A4daennel Pamela 9phe4u.,IT more epee.As req,sredl DOCUMENT IS NOT COMPLETE UNLESS ACCOMPANIED BY THE ACORD 101. Genets LlatiIfly:rick Hand Insured/Prknary&Non-Cor*lbulooryry/On-Going and Completed()paragons,as required by written oontract,per C07048 1016_ Waiver of Subrogaton as requked 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/Waiver of Subrogatron as required by written contract,per CA7171 0508, Workers'CompefsMYon:Waiver of Subrogation as required by written contract,per WC000313. See Attached._ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBES)POLICIES BE CANCELLED BEFORE THE EXPRATION DATE THEREOF, 146110E WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADI Tamarac Hotels,LLC 196E Harrison St.,Suite 200 AUTHORIZED REPRESENTATIVE 46 Hollywood FL 33020 ` • i f 1,01988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID:THEMA2 LOC#: ©R ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED ammo Bateman Gordon and Sande The Marker Group.LLC d/b/a Mather Constnraion Group FOr.ICIr NtIMhBt F ort Lauderdale ve F FL 33301 CAGGIOR #NAIL GODS I EFFECTIVE DAM ADDITIONAL REMARKS THIS ADOMOS AL REMARKS FORM IS A SCHEDULE TO AMR')FORM, FORM NUMBER: 25 FORK TtTL£; CERTIFICATE OF LIABILITY INSURANCE Uo mbrella L y ExM a coverage to underlying General Lieblity,(excludes the general lab! ,per project aggregate),Auto Liability and Workers CIndependent Conlractora Ltabllty k'redacted In the General!lability per tome CG00010413. ALL COVERAGE IS SUBJECT TO THE POliCY TERMS,CONDITIONS AND EXCLUSIONS Project-2nd project Golf Cal end Club House • • • C I ACORD 101(20011/01) ®200E1 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MIARKER Exhibit Schedule of Values Clubhouse and Cart Barn 0110 00 Management 455,332 0156 26 Temp Fences&Gates 15,355 01 71 23 Surveying{Building)initial layout/Horixo 15,750 01 74 13 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 0420 00 Masonry Building Package {Stone Mason 51,659 0510 00 Structural Steel 199,893 05 5000 Misc. Metals 469,741 0610 00 Rough Carpentry 36,750 06 4000 Cabinetry and millwork 73,500 07 50 00 Roofing 133,770 07 10 00 Caulking/Waterproofing 21,633 08 1000 Doors/Frames/Hardware&Installation 93,697 08 40 00 Storefront 385,423 09 20 00 Drywall and Framing Package 244,737 09 5100 ACT Ceilings 5,985 09 54 00 Wood Ceilings 52,500 09 2400 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 142000 Elevators 65,919 2110 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 27 53 19 BDA System 45,180 26 56 00 Site Lighting Allowance 155,000 3100 00 Main Site Civil Work 235,775 32 12 16 Asphalt 436,566 32 14 13 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 • • • • , . ! ( . MAR KE R Exhibit'B'Drawing Log CLUBHOUSE ..(tillit ARCHITECTURAL A000 12/21/2017 GN1 9/29/2017 PROJECT DATA ARCHITECTURAL Abel 12/21/2017 PROJECT DATA ARCHITECTURAL A001,1 12/21/2017 • AREA INCREASE DUE TO FRONTAGE AND ARE SPRIMER ARCHITECTURAL A001,2 12/21/2017 CIVIL DEMOLITION PLAN DW I 9/29/2017 ACCFSSeItTYGUIDELINES ARCHITECTURAL A002 12/21/2017 ACCFSSIBRITY GUIDG *S ARCHITECTURAL A003 12121/2017 ACCESSIBILITY GINOH,N'IES ARCHITECTURAL A004 12/21/2017 ACCESSIBILITY GAUD UNES ARCHITECTURAL AOOS 12/21/2017 ACCESSIBILITY GUIDEUNI3 ARCHITECTURAL A006 12/21/2017 ACCESSIBILITY GUritaiNES ARCHITECTURAL A007 I2/21/2017 AOCESSIBTLITY GUIDELINES ARCHITECTURAL AO08 12/21/2017 ACCESSIBILITYGIIIDELJNES ARCHITECTURAL A009 12/21/2017 ACCEISIBIUTYGUIDEJNES ARCHITECTURAL A010 12/21/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL A011 .. 12/21/2017 ACCFSSe*Jrr GUIDEJNEs ARCHITECTURAL A012 12/21/2017 ACCESSIBILITY GMELINES ARCHITECTURAL A013 T2/21/2017 ACCESSIBILITY GUIDE NES ARCHITECTURAL A014 12/21/2017 FIRST BOOR LIFESAFI3Y PLAN ARCHITECTURAL A020 12/21/2017 SECOND BOOR LIFE SAFETY ARCHITECTURAL A021 12/21/2017 6,4A.STER SITE PLAN ARCHITECTURAL A040 12/21/2017 SIIEOETAIL1 ARCHITECTURAL A041 12/21/20i7 SITEDETAILS ARCHITECTURAL A042 12/21/2017 SITE DETAILS ARCHITECTURAL A043 12/21/2017 PORT COCHERE ARCHITECTURAL A044 12/21/2017 DETAILS PORTECOCHERE ARCHITECTURAL A045 12/2)/20)7 FIRST FLOOR OVERALL PLAN ARCHITECTURAL A100 12/21/2017 SECOND FLOOR OVERALL PLAN ARCHITECTURAL A701 12/21/2017 ROOF FLOOROVBRALLPIAN ARCHITECTURAL A302 12/21/2017 j ROOF AND BANQUET.ROOF FLOOR OVERALL PLAN .'ARCHITECTURAL A103 )2/21/2017 I TRUSS CETAIS ARCHITECTURAL A104 12/2T/2017 1ST FLOOR PARTIAL I FLOOR PLAN ARCHITECTURAL Ail 12/21/2017 • 1ST FLOOR PARTIAL 2 FLOOR PLAN ARCHITECTURAL Al11 12/21/2017 1ST FLOOR PARTIAL 3 FLOOR PLAN ARCHITECTURAL A112 T2/21/2017 2ND FLOOR PARTIAL 1 FLOOR PLAN • ARCHITECTURAL A113 12/2T/2017 2ND FLOOR PARTIAL 2 FLOOR PLAN ARCHITECTURAL AI 1 4 )2/21/2017 2ND FLOOR PARTIAL 3 FLOOR PLAN ARCHITECTURAL A115 12/21/2017 • ROOF FLOOR PARTIAL i FLOOR PLAN ARCHITECTURAL A 116 12/21/2017 ROOF&BANQUE FLOOR PART/AL I FLOOR PLAN ARCHITECTURAL A117 12/21/20H7 ROOF&BANQEFLOOR PARTIAL 2 FLOOR PLAN ARCHITECTURAL A118 12/21/20)7 i ROOF&BANQUET FLOOR PARTIAL 3 FLOOR PLAN ARCHITECTURAL Al 19 12/21/2017 1STLOOR OVERALL RCP PLAN ARCHITECTURAL A150 12/21/20)7 2N0 FLOOR OVERALL RCP PLAN ARCHITECTURAL A151 12/21/2017 15T FLOOR PARTIAL 1 RCP PLAN ARCHITECTURAL A 152 12/21/2017 1$T FLOOR PARTIAL 2 RCP PLAN ARCHITECTURAL A 153 12/21/2017 IST FLOOR PARTIAL 3 RCP PLAN ARCHITECTURAL A154 12/21/2017 2ND BOOR PARTIAL I RCP PLAN ARCHITECTURAL A155 12/21/2017 2ND FLOOR PARTIAL 2 RCP PLAN ARCHITECTURAL A 156 12/21/2017 2ND FLOOR PARTIAL 3 RCP PLAN ARCHITECTURAL A l 57 12/21/2017 LIGHTING FIXTURE&CEILING LEGEND ARCHITECTURAL A 158 12/21/2017 WADING ELEVATIONS ARCHITECAIRAL A200 12/21/2017 BUILDING ELEVATIONS ARCHITECTURAL A201 12/21/2017 ENLARGED ELEVATIONS ARCHITECTURAL A202 12/21/2017 j ENLARGED ELEVATIONS ARCHITECTURAL A203 12/21/2017 ELEVATIONS WIND PRESSURE .. ARCHITECTURAL A204 12/21/2017 ELEVATIONS WIND PRESSURE ARCHITECTURAL A205 12/21/2017 ENLARGED RESTROCM4S&LOCKERS ISIHOWERS ARCHTECTURAL A300 1/24/2018 B4LARGED REITROOMS&LOCKERS/SHOWERS ARCHITECTURAL A301 1/24/2018 ENLARGED RESTROOMS®RESTAURANT ARCHITECTURAL A302 1/24/2018 ENLARGED RFSTROOMS®BANQUET ROOM ARCHITECTURAL A303 1/24/2018 ENLARGED BAATHROOM.BRIDAL ROOM ARCHITECTURAL A304 1/24/2018 BUND3NGSEC11ONS ARCHITECTURAL A400 )2/21/2017 BUILDING SECTIONS ARCHITECTURAL A401 12/21/2017 BUILDING SECTIONS ARCHITECTURAL A402 12/2)/2017 • BUILDING SECTIONS ARCHITECTURAL A403 12/21/2017 • \ `'A`I \ I STAIRS I ENLARGED AND SECTIONS ARCHITECTURAL A430 2/21/2017 STAIRS 2ENLARGED ARCHITECTURAL A431 2/21/2017 i STAIR SECTION 2 ARCHITECTURAL A432 2/21/2017 STAIRSSH34LARGED-DETAILS ARCHITECTURAL A433 2/21/2317 STAIR DETAILS ARCHIttt)URAL A434 2/21/2017 ELEVATOR E4LARGED ARCHITECTURAL A435 2/21/2017 DUMBWAITER ENLARGED ARCHITECTURAL A436 2/21/2017 WALL SECTIONS ARCHITECTURAL A500 2/21/2017 WALL SECTIONS ARCHITECTURAL A501 2/21/2017 WALL SECTIONS ARCHITECTURAL A502 2/21/2017 ROOF DETAILS ARCHITECTURAL A600 2/21/20I7 PARAPET&FLOOR DETAILS ARCHITECTURAL A601 2/21/2017 CONISTRUCTIONDETAIS ARCHITECTURAL A604 2/21/2017 DOOR DETAILS ARCHITECTURAL AS05 2/2T/2017 DOOR DETAILS ARCHITECTURAL A606 2/21/2017 DRYVIT SYSTEM-MANUFACTURER'S DETAILS ARCHITECTURAL A650 2/21/2017 DRYTS)ST -MANUFACTURERS DETAILS ARCHITECTURAL A651 2/21/2017 DRYVFTST IEM-MANUFACTURER'SDiETAILS ARCHITECTURAL A6S2 2/21/2017 DRYVIT SYSTEM-MANUFACTURERS DETAILS ARCHITECTURAL A653 2/21/2017 DRYVIT SYSTEM-MANUFACTURER'S DEARS ARCHITECTURAL A654 2/21/2017 WALL TYPES ARCHITECTURAL A700 2/21/2017 WALL TYPES ARCHITECTURAL A701 2/21/2017 THROUGH PENETRATIONS-WALLS&PARTITIONS ARCHITECTURAL A750 2/21/2017 THROUGH PENETRATIONS..WALLS L PARTITIONS ARCHITECTURAL A751 2/21/2017 THROUGH P5NETRATIONLS-HORIZONTAL ASSEMBLIES ARCHITECTURAL A752 2/21/2017 THROUGH PENETRATIONS-HORIZONTAL ASSEMBLIES ARCHHECTURAL A753 2/21/2017 DOOR SCHEDULE ARCHITECTURAL A800 2/21/2017 STORENONTDETAILS ARCHITECTURAL A801 2/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801-1 2/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.2 2/21/2017 i STOREMONTDETAIS ARCHITECTURAL A801.3 2/21/2017 STORT RONT DETAILS ARCHITECTURAL A801.4 2/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.5 2/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.4 2/21/2017 STOREFRONT OPALS ARCHITECTURAL A601.7 2/21/2017 STOREFRONT DETAILS ARCHITECTURAL A801.8 2/21/2017 WINDOWSCHHULE ARCHITECTURAL A803 2/21/2017 FLOOR PLANS-OPENINGS TAGS ARCHITECTURAL A805 2/21/2017 ELECTRICAL SYMBOLS AND GENERAL NOTES ELECTRICAL EOOT NO DATE ' ELECTRICAL SYMBOLS AND GENERAL NOTES ELECTRICAL E002 NO DATE ELECTRICAL FIRST FLOOR POWER PLAN ELECTRICAL El 01 NO DATE ELECTRICAL SECOND FLOOR POWER PLAN ELECTRICAL E102 NO DATE ELECTRICAL ROOF PLAN ELECTRICAL ' E103 NO DATE ELECTRICAL FIRSTTiOOR LIGHTING PLAN ELECTRICAL E201 NO DATE ELECTRICAL SECOND FLOOR LIGHTING PLAN ELECTRICAL F202 NO DATE TELEPHONE,DATA AND IV 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 ELECTRICAL 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-I03 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 ET'-2 5/15/2017 SECOND FLOOR OVERALL PLAN FIRE PROTECTION FP-3 5/15/2017 FIRE PROTEL.T .)N 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 MI02 NO DATE MECHANICAL ROOF PLAN MECHANICAL M103 NO DATE MECHANICAL DETAILS 1 MECHANICAL M201 ND DATE MECHANICAL DETAILS 2 MECHANICAL M202 NO DATE MECHANICAL SCHEDULE MECHANICAL M301 NO DATE PLUMBING INDEX PLUMBING P000 5/15/2017 PLUMBING P101 5/15/2017 PLUMBING P102 5/15/2017 FIRST FLOOR PLLIMBRJG PLAN PLUMBING P103 5/15/2017 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 P403 5/15/2017 MSTC PLUMBING P500 5/15/2017 PLUPWMBING P501 5/15/2017 PLUMBING PD 1 T 1/22/2017 PLUMBING PD2 11/22/2017 1 PLUMBING P03 9/29/2017 PLUMBING PD4 9/29/2017 PLUMBING P05 9/29/2017 PLUMBING PD6 9/29/2017 FUIMSING PD7 9/29/2017 PLUMBING P08 9/29/2017 PLUMBING PMS I 9/29/2017 PLUMBING PMS2 9/29/2017 STRUCTURAL NOTES&DETAILS STRUCTURAL S001 5/15/2017 STRUCTURAL MARS STRUCTURAL S002 5/15/2017 OVERALL FOUNDATION PLAN STRUCTURAL Si00 7/14/2017 PROPOSED 2ND LEVEL FRAMING PLAN STRUCTURAL Sl 01 5/15/2017 PROPOSED ROOF HRAAWG PLAN STRUCTURAL S 102 5/15/2017 PROPOSED UPPER ROOF FRAMING PLAN STRUCTURAL S103 5/16/20)7 WEST&SOUTH HEYAICN STRUCTURAL S200 6/1/2017 NORTH 1 EAST ELEVATION STRUCTURAL 5201 6/1/2017 LONGT I INAL A ES B STRUCTURAL S400 6/1/2017 1 LoNGITUDINAL C&TRANSVERSAL A STRUCTURAL S401 6/1/2017 TRAi1SRC„®AND SECTIONS STRUCTURAL S402 7/14/2017 STAIRS 2 MARGE°AND SECTIONS STRUCTURAL 5430 7/14/2017 STRUCTURAL S43 ELEVATOR&DUMBWA I&ENLARGED ENLARG 7/14/2017 STRUCTURAL S432 7/14/2017 ID DRAWINGS 10101 I/25/2018 1D 13RA WINGS 1D 102 1/25/2018 ID DRAWINGS 10103 1/25/2018 ID DRAWINGS 10104 1/25/2018 1 ID DRAWINGS 10301 1/25/2018 ID DRAWINGS 0302 1/25/2018 ID DRAWINGS 10303 1/25/2018 ID DRAWINGS IDIOT 1/25/2018 ID DRAWINGS 10402 1/25/2018 `. GOLF CART STORAGE COVER ARCHITECTURAL A000 1/5/2018 GN I OI 9/29/WI7 PROJECT DATA DM1 9/29/2017 P DATA ARCHITECTURAL ARCHITECTURAL AOOI 1/5/2018 ACCESSIBILITY GUIDNJ ARCHITECTURAL A002 8/25/2017 ACCESSIBLITY GtJOGUID J S ARCHITECTURAL A003 8/25/2017 ACCESSIBILITY GUIDEUNES ARCHITECTURAL A004 8/25/2017 ACCp55�e1TYGtJ ARCHITECTURAL A00 8/25/2017 ARCHITECTURAL A004 8/25/2017 ACCESSIBILITY ACC S ITY GUIDELINES5 ARCHITECTURAL A007 8/25/2017 ACCESSIBILITY GUIDELINES ARCHITECTURAL AOOS 8/25/201T 7 ACCESSZILRYGUDELNES ARCHITECTURAL A009 8/25/2017 ACCPSSIBIIJTYGUDELINES ARCHITECTURAL AOIO 8/26/2017 ACCF BELAY GUDEUN S ARCHITECTURAL AOl1 8/25/2017 ACCESS�LITYGUIDELINES A ARCHITECTURAL � 8/25/2017 ACCESSIBILITY GUIDELIIES ARCHITECTURAL 0143 8/25/2017 HRSTFLOO T LIFE SAFETY PLAN ARCHITECTURAL A020 8/ ARCHITECTURAL A020 8/16/2017 16/2017 MASTER PLAN ARCHITECTURAL A040 10/17/2017 SITE PHOTOMETRIC PLAN ARCHITECTURAL A040.0 NOT INCLUDED ENLARGED SITE PLAN GOLF CART STORAGE ARCHITECTURAL A040.1 1/5/2018 PHASING PLAN I ARCHITECTURAL A41 NOTINCWDF.D SAE DETAILS ARCHITECTURAL A042 1/5/2018 SITE DETAILS ARCHITECTURAL A043 1/5/2018 OYERAU.1ST ROoR PLAN ARCHITECTURAL A TOO 10/17/2017 OVERALL ROOF PLAN ARCHITECTURAL AIO1 10/17/20)7 ISTFLOOR PLAN-PARTIAL I ARCHITECTURAL A130 10/17/2017 1ST FLOOR PLAN-PARTIAL 2 ARCHITECTURAL A131 t0/17/2017 EST FLOOR OVgAIL RCP PLAN ARCHITECTURAL A 150 JO/17/2017 1ST RCP PLAN-PARTIAL 1 ARCHITECi1JRAL A151 10/17/2017 MT RCP PLAN-PARTIAL 2 ARCHITECTURAL A152 10/17/2017 RUIDING ELEVATIONS ARCHITECTURAL A200 To/17/2017 at/MING EiEVA71ONS ARCHITECTURAL A201 1/5/2018 BUILDING ELEVATIONS-WIND PRESSURE ARCHITECTURAL A202 1/5/2018 BUILDING REVATIONS-WIND PRESSURE ARCHITECTURAL A203 1/5/2018 ENLARGED BATHROOM R.FINISHES LEGEND ARCHITECTURAL A300 1/5/2018 BUILDING SECTIONS ARCHITECTURAL A400 T/5/2018 WALLSECTIONS ARCHITECTURAL A500 10/17/2017 --(-‘:..1 /. • 1. DETAILS ARCHITECTURAL A60) 1/5/2018 DETAILS ARCHITECTURAL A601 1/5/20t8 DETAILS ARCHITECTURAL A602 1/5/2018 WALLTYPES ARCFITECTURAC A700 I/5/2018 DOOR&WINDOW SCHEDULE ARCHITECTURAL A&I0 1/5/2018 DOOR OHAJT,S ARCHITECTURAL A801 8/25/2017 WINDOW DETAILS ARCHITECTURAL A802 I/15/2018 ELECTRICAL somas AND GENERAL NOTES REC1RICAL E)01 1 1/1 6/2017 ELECTRICAL SPEC FICATTO N INDEX ELECTRICAL 13702 11/16/2017 ELECTRICAL SPECIFICATION I NDB( ELECTRICAL E003 11/16/2017 ELECTRICAL RAN ELECTRICAL Iwo I1/16/2D17 13E01RICAL FIRST FLOOR UGHRND PLAN ELECTRICAL E200 5/12/2017 aECTRICAL?AM.ScHEDULES,RISER DIAGRAM AND DETAIL ELECTRICAL P.1'01 I i/16/2017 ELECTRICAL DETAILS ELECTRICAL E401 S/12/2317 • RRE ALA RMSYM OLS,GENERAL NOTES&RISER DIAGRAM FIRE ALARM FA00T FIRE ALARM FIRST FLOOR PLAN FIRE ALARM FA 100 GENERAL NOTES FIRE PROTECTION FP 1 OvERAL1 1ST MOOR PLAN FIRE PROTECTION FP2 DETAILS&SCHEME FIRE PROTECTION FP3 i MECHAWC.ALSPKSFICATIDN . MECHANICAL Iv10p1 5/12/2017 I MECHANICAL SPECIPIC`ATUON MECHANICAL M002 11/22/2017 mEcHA/dCALfR1.ST'Loot PLAN MECHANICAL M100 11/22/2017 MECly1MCAL OQABS MECHANICAL SCHEDULE MECHANICAAL M300 11 IEIJ /22/20117 • PLUMBING R_OoR PLAN PLUMBING PI 5/12/2017 SANITARY AND STORMDRAIN ISOMETRIC PLUMBING P2 5/12/2017 GENERAL N07S S DETAILS PLUMBING P3 5/12/2017 CIVIL P01 11/22/2017 CIVIL P02 11/22/2017 CNLL P03 9/29/2017 CIVIL PD4 9/29/2017 1 CIVIL PD5 9/29/20T7 CIVIL P06 9/29/2017 CIVIL P07 9/29/2017 CIVIL rah 9/29/2017 CIVIL PMSI 9/29/2017 CIVIL PM$2 9/29/2017 GENERAL NOTES STRUCTURAL 5000 5/12/2017 GB18RALN01T5 jCONT.} STRUCTURAL 5010 5/12/2017 FOUNDATION PLAN 4DEANS STRUCTURAL S100 5/12/2017 BEAM FLOOR PLAN&SCHEDULE BEAM STRUCTURAL S 101 5/12/2017 WALL DETAILS STRUCTURAL 5102 5/12/2017 ELEVATIONS STRUCTURAL S200 5/12/2017 ELEVATIONS STRUCTURAL 5201 5/12/2017 STRUCTURAL CIVIL STRUCTURAL OSI 9/29/2Dl7 STRUCTURAL 0S2 9/29/2017 STRUCTURAL 0S3 9/29/2017 STRUCTURAL W I 9/25/2017 STRUCTURAL ID2 9 25/ J20T7 STRUCTURAL LP 1 12/14/207 STRUCTURAL IP2 12/14/2017 I STRUCTURAL SWPI 9/29/2017 STRUCTURAL MCI 9/29/2017 STRUCTURAL SWPS 9/29/2017 j STRUCTURAL WS1 11/22/2017 STRUCTURAL W$2 11/22/2017 STRUCTURAL WS3 9/29/2017 STRUCTURAL WS4 9/29/2017 STRUCTURAL WS5 9/29/2017 STRUCTURAL WS6 9/29/2017 STRUCTURAL WS7 9/29/2017 J( 1 i i 1 1 . . , J : A ! to _ 4 1 i t _ I i . 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GO---- a r _ . 5 .1 Exhthif 'E' 2018 STAFF RATES PR[CONSTRUCTION DP Director of Precons$ructlon $ 175 CE Chief Eslirnator $ 125 E Estimator $ 90 VP Group-Vice President $ 250 OFFICE/SHE MANAGEMENT PX Project 6cecvtive $ 175 SPM Sr.Project Ammer $ 150 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 Secrelary/Reception $ 45 Flita STAFF GS General Superintendent $ 175 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; II AO rates listed babes are hourly rafts tor Marker Construction Group personnel. 2) Ail munoyementb incfrslie of the A:rotated Lump Sum General Condtflore for this praiect. 3) At rates Wed below one for polendt8 odd8bnal Owner required services and/or Owner approved cues, fJ Al above roles are adjured for employee/menthes yearly&are subject to o fo%MOX.Increase each yew. • MIRRKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN — 5/23/18 • Dtvlsion 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 ail 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. S. The GLIP includes Allowances as outlined in the AIA A102. Allowances shall include but not be limited to the following Items: tabor, 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 WI 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 fbdure package, plumbing fixtures, Window wall systems,etc. • 7. The GMP excludes all impact fees,easement application pplication fees,and any costs associated with the City of Tamarac or County/State foes. 8. The GMP excludes cost relating to asbestos, lead, radon, etc. abatements and removal of all other hazardous materials. 9. Removal or remedlatfon 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 OMP 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 rooting consultants. These are to be provided by the Owner arid 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 I 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 fo be paid by the Owner. 16, Permits,sub permits,impact fees,and permit fees are not included in the GMP Proposal and wilt 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. i 1 i (.\ j\ f MARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN -- 5/23/18 b.interior Furniture, a.Outdoor Furnishings. 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.ThW 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 fora 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 ail costs for impact or permanent utility(water, electric,gas and sewer) fees or charges, of[slte 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 wing 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 (3MP includes disconnecting, abandoning end/or relocation of existing site utilities, only as specificaNy 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 wilt 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 I 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 work (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 cnets 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 existence, 33. The construction schedule Is based upon return of all Requests for Information(RFI)within 5 working days of submission. 34, 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 riot 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 ++ww / MlARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN — 5/23/18 manner that will not cause delays to the project schedule for plan processing with the appropriate governmental agency. The Contractor will execute ail 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 whit not be responsible for any associated additional costs arising from the designer's failure to accurately identify changed conditions on the contract documents or subsequently issued documents. Contractor shall 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 hove 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. 39. Material SubsMutions—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 spelled 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-Built Documents". Marker and Its Subcontractors and vendors shall furnish"As Built Documents",throughout the duration of the pried, to the design consultants who wilt then produce, within 15 days, a complete revised set of As-Burgt documents for turnover to the Owner and City Record Set. Architect and Its Sub Consultanta will furnish electronic (CAD)flies 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 Yearn 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 L The day following Thanksgiving j. Christmas Day k. The day following Christmas 42. The GMP excludes Bing of the fuel tanks for the Generator, Fire Pump,etc. The coordination of the Ming 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. 3 `' I MARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN — 5/23/18 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. 49, We have included ail 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, supervision, 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 wilt make every effort to minimize or avoid such increases,and any price increase that we seek wilt 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 budding 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 everyday 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 Albin that time frame the Owner agrees that any and ail 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 retalnage will not be held on certain subcontractors. Should the Owner not accept this, and require retalnage be held on these subcontractors,Owner shall be responsible for any additional costs that result. 63. Prices of Metals and other construction products are currently volatile, arid 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 I 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 Olt-site Parking&Transportation. 67, The GMP excludes BIM or computer renderings. 58, TWIG 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. 5`I. work._An ' Di'c,u c:.' t o Ot tr S('Up e c f� ; kaj rc s u l j� 2 Demolition i Ut}' ; IT; t^ , r n E s s ci.vi�'t�S lad 1 f h i Division3 Hr curl ex avici want kit. pcu-'i y r tiri.e co-;t Silor(11 c_ 7rece,n-}-uce5. 1, The GMP excludes ahy abatement of existing structures. 2. Demolition of the Grease Trap is included In the GMP. Pumping out/removal of its contents are not j 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. • 4 MARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN - 5/23/1 8 Division 2-Site work 1. The GMP excludes any MOT required off duty police officers. if required,these coats 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 FPL poles and all associated lines and all related coat for repairs/patching at Streets. 4. The GMP Excludes all work such as but not limited to paving, patching and al 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 Contraction. 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 slit fence as the sole means of erosion control as no Erosion Control plan Is provided. 8. The GMP excludes dust control screening. 9. The GMP excludes any traffic signalization. 10. The GMP includes only casual dewatering. Should well points or other dewatering measures be required,the Owner shel 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 shall 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 Corestab plank. 5 6:-/\° MARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN , 5/23/18 Division 6—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 inckudes an allowance of$100,000.00 for the clubhouse curved stairs. Division 6—Wood&Plastics Finish Carpentry, Millwork and Cabinets 1. The GAP excludes all milwork within the guest rooms. 2. The GAWP excludes aN 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--Doom and Hardware 1. The GMP excludes the supply and installation of Card Locks and system for the hotel guest room entry doors. boor prep for the locks is included. 2. The GMP excludes any temporary locksets for the guest room entry doors. 3. Al 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 4 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 wiN 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 Wire mesh reinforcing at ceramic file installation. 8. 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. • 6 • MARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTBARN — 5/23/18 6. The GMP Includes the minimum required slgnage to pass final fnspectkxts for a TCO. The GMP excludes all other signage. 6. 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 morn safes. 3, The GMP excludes a commercial kitchen and laundryequipment and MEP rough In. 4. The GMP excludes ait TVs and TV wall mounted brackets,backing is included. 5. The GMP excludes furnishing and Installation of appliances. 8, The GMP excludes Furniture,fixtures&equipment. Division 12—Furnishings 1. The GMP excludes Fitness Center Equipment, 2. The GMP excludes any stand-alone planters. 3. The GMP excludes patio and pool furniture and furnishings. 4. The GMP excludes interior furniture and ish fumns.i g 5. The GMP excludes Motorized shades. Division 13—Saunas and Pools 1. 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 Elevelor Subcontractor. 6. The GMP pricing assumes that all of the elevator work witl 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 66 sq/ft;closets less than 24 sq/ft(within units may). 7 • MARKER EXHIBIT F QUALIFICATIONS AND ASSUMPTIONS CLUBHOUSE AND CARTHARN — 5/23/18 3. The GMP excludes a Fire Watch. If required Owner shall pay all costs, Division 16—Plumbing/Mechanical 1, 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 OMP excludes any and all sinks,faucets or other Plumbing fixtures in the hotel kitchen. 4. The GM?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 ere not 8, specificalshown than they will ake dampers are be eroded as n sustry standard. 9. The GMP CAHV Y peclflcaMy shown. equipment as Carrier. 10. The GMP excludes any and ail ductwork,exhaust fans,exhaust hood,etc. in the hotel kitchen. Division 16•-Electrical 1. The GMP excludes ail 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 50 linear feet, Use of aluminum feeders will be permissible at Contractors discretion. 6. The GMP excludes all lighting fixtures. END OF QUALIFICATIONS F l Ii ! 8 • A MIARKER , , MAW ee1TEa • EXHIBIT`G' WIRING INSTRUCTIONS IberictBank Beneficiary Operating Account Account Name: The Marker Group, LLC Operating Account ABA Routing# 265270413 Account # 0050002465 (C\1\141 \ 1 ( *AIA Document A201' - 2017 I Conditions of the Contract for Construction bllowing PROJECT: " and location or address) ADDITIONS AND DELETIONS: s R i of T•i:-' &Country Club C. ' r� The author of this document has g f ,0 NW :• Av., �,r' aiec, 321 , added information needed for its ,� '' 4 completion.The author may also z. v:\ have revised the text of the original .,•• •• +' : .,. ; , AIA standard form.An Additions and "• r x s) Deletions Report that notes added 4a 't information as well as revisions to the 1'411 standard form text is available from 'AI tl .> .. .'.: •-;a the author and should be reviewed.A 0 1 �" _ ,,_, r`1,4 0 vertical line in the left margin of this '` I ' document indicates where the author i ia, ;, ilif has added necessary information + r ',+ r and where the author has added to or<ot deleted from the original AIA text. wS , F,! �;: sw This document has important legal w, ,. •�Y` consequences.Consultation with an 21 3 s attorney is encouraged with respect _ to its completion or modification. N`, ,FL \ t. �,£ For guidance in modifying this " : I '" "- document to include supplementary if°''' '' %-, -- :w " conditions,see AIA Document t * A503TM,Guide for Supplementary aConditions. i `4 r C • ER OR BY SEPARATE CONTRACTORS HIV.,;i . Alto '4" ct ,'4 7 , ES r 9 Y PA AND COMPLETION TION OF PERSONS AND PROPERTY Y •tl tlW a .., ail pr E AND BONDS _- NG AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 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.AM rights mistimed.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 1 / Unauthorized reproduction or distribution of this AIAC 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 TERMINATION OR SUSPENSION OF THE CONTRACT 1S MAIMS AND DISPUTES 'o-44 f 'y4- t " r a al rt✓ { 4 'III S �\ 44 4 d,43a 4 r l ra"7a' • Ida '0 °'° y °1- a Y ,w Intl m lilll..$ t ?` fir_ 4 AlA Document A201 "-2017_Copyright 4'1911,1915,1916,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 20117r by The In it American Institute of Architects.All right reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 2 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 maximum extent possible urMer 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) • ''� - Architect's Authority to Reject Work rz "( .',, d numbers in bold are Section headings.) 3.5,4.2.6, 12.1.2, 12.2.1 Architect's Copyright :: 1.1.7, 1.5 ce of Nonconforming Work Architect's Decisions , •k+ .93 12.3 3.7.4,4.2:6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, >tanceofWork 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, ,._ a46,9.8.2,9.93,9.1 ,9.103, 12.3 13.4.2, 15.2 Aeesess to .,;: Architect's Inspections 62t. .1 , t ,��; > '� 3.7.4,4.2.2,42.9,9.4.2,9.8.3,9.9.2,9.10.1, I3.4 r r 'dent ' +or ,. Architect's Instructions 5 3.2.4,3.3.1,4.2.6,4.2.7, 13.4.2 and. Architect's Interpretations o -`3 3 , ,3.1,9.5.1, 10.2.5, 4.2.11,4.2.12 8 ,, •` ;' Architect's Project Representative i - - 4.2.10 i , a Architect's Relationship with Contractor : °. ' Ar , �� a o 1.1.2, 1.5,2.33,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, i 3 : q 5 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,312,3.16, 3.18,4.1.2,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, . A 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 • 4, .7. '3 r _ i - ; =.-15.1.6 1.1.2 4.2.3,4.2.4 4.2.6,9.6.3,9.6.4, 11.3 ika::::1*., ,,,-- 1' 4 � f ' ct Architect's Representations > 9.4.2,9.5.1,9,10.1 Po-'F d Architect's Site Visits fz ;. 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 ' - - Asbestos g 4 4 Attorneys'Fees a ' fin..' :. 3.18.1,9.6.8,9.10.2, 10.3.3 tr Award of Separate Contracts 9.4' 4,9.51 .9,6.3,9.7,9.10 6.1.1,6.1.2 -0 4 l `'' ,, s' Award of Subcontracts and Other Contracts for l .1 3.12.8 3.12.9, Portions of the Work c r�; 4.2 , 13.44;. 5.2 Basic Definitions 1 :. ,tom ' .� 1.1 �. t Bidding Requirements .. t r . 4. 1.1.1 "'. Architect,fl ni ` ?: . > Binding Dispute Resolution 4.1. 8.3.1,9.7, 11.5, 13.1, 15.1.2, 15.13, 15.2.1, 15.2.5, t.rchit Authority 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 l' " 43.1 .2,6.3,7.1.2,7.3.4,7.4,9.2, Bonds,Lien 1 r°rt�t 194 •A ,9.10.1,9.10.3,12.1 12.2.1, 7.3.4.4 9.6.8,9.10.2,9.10.3 134.1,13.4 < .2.4, 15.1.4, 15.2.1 Bonds,Performance,and Payment Architect,Limitations of Authority and Responsibility 7.3.4.4,9.6.7,9.10.3,11.1.2, 11.1.3,11.5 *.,,, .8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, Building Information Models Use and Reliance '' . ::.: '. . 1,42.12,4.2,13,5.2.1,7.4,9.4.2, 1.8 4;i f. 4, 1.14 ,, 15.2 Building Permit ��.,...:;:..,; - Q onal Services and Expenses 3.7.1 2.1 , ,3 , 13.4.3, 14.2.4 Capitalization Architect's Administration of the Contract 1.3 3.1.3,3.7.4, 15.2,9.4.1,9.5 Certificate of Substantial Completion Architect's Approvals 9.8.3,9.8.4,9.8.5 2.5,3.1.3,3.5,3.10.2,4.2.7 Init. Al.*,Document A201'*'-2017.Copyright O 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 AIAe Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIM'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 AlA 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) Certificates for Payment Concealed or Unknown Conditions 4 5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, 3.7.4,4.2.8,8.3.1, 10.3 ° ' 0.3, 14.1.1.3, 14.2.4, 15,1.4 Conditions of the Contract * ., s of Inspection,Testing or Approval 1.1.1,6.1.1,6.1.4 ii.:' .;;- 1;, 'p ::,. Consent,Written es of Insurance 3.4.2,3.14.2,4.1.2,9.8.5,9.9.1,9.10.2,9.10.3 13.2, 15.4.4.2 =' " lip Orders Consolidation or Joinder 1.1-1,3.42,3.7.4,3.8. N,3.11,3.12.8,4.2.8,5.2.3, 15.4.4 �( 2,7.1.3,1 ,7.3.2F .7,7.3.9,7.3.10,8.3.1, CONSTRUCTION BY OWNER OR BY 1:1.1,9.1 r i 10.3 c,; , 11.5, 12.1.2 SEPARATE CONTRACTORS r. 4 .,;; nge O P ` of 1.1.4,6 Construction Change Directive,Definition of (l 4N .. r <RY 73.1 � 7' 7,3 ± '"` ,734,7.4,8.3.1,9.3.1.1, Construction Change Directives 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,73, 9.3.1.1 t. Construction Schedules,Contractor's C '' r d': ; 0 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 "i .4,10.3.3,15, 15.4 Continuing Contract Performance 'Ti, . i • laims 15.1.4 }}�c '.A'•,'. ..�,: Contract,Definition of � ,r .: 1.1.2 �u ,.• 0.2.5, 10.3.2,15.1.5 CONTRACT,TERMINATION OR '"aF SUSPENSION OF THE . i .1 '9.5.2, 10.3.2,15.1.6 5.4.1.1,5.4,2, 11.5, 14 3 3. �. a s ` U• }`%ditions,Claims for Contract Administration tif `t'i!§ 3.1.3,4,9.4,9.5 ti _ ,D r1 •- 4,i Contract Award and Execution,Conditions Relating .:. :, 1, 102.5,14.3-3, 11.3, to Il 14124, - 3.7.1,3.10,5.2,6.1 rr h • nitration Contract Documents,Copies Furnished and Use of Ii::T 15.4 T. 1.5.2,2.3.6,5.3 * E' Contract Documents,Definition of rt- >�; 1.1.1 C ` , • of the W Relating to Contract Sum 22 '.1 '* ' ,3., .,3. ,,5.2.1,5.2.3, 2.2.2,2.2.4,3.7.4,3.7.5,3.8,3.10.2,5.2.3,7.3,7.4, ;x 8. . 12.28.71 11.1,1 ,15.1.5 9.1,9.2,9.4.2,9.5.1.4,9.6.7,9.7, 10.3.2, 11.5, 12.1.2, cement . Definition of 12.3, 14.2.4, 14.3.2, 15.1.4.2,15.1.5,15.2.5 e 8.1 2 `. Contract Sum,Definition of Ctltuniations '' 9.1 : 3.9 1 4 Contract Time ti comp1 * , ' Relating to 1.1.4,2.2.1,2.2.2,3.7.4,3.7.5,3.10.2,5.2.3,6.1.5, a,1,3.1 •;3 -2.9,8.2,9.4.2,9.8,9.9.1, 7.2.1.3,7.3.1,7.3.5,7.3.6,7,7,7.3.10,7.4,8.1.1, 9.1012.2, 1*i.;. 2 8.2.1,8.2.3, 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 12.1.2, COMPLETION,PAYMENTS AND 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time,Definition of .rtial 8.1.1 .• 3` .^..&, firs),8.1.3,8.2.3,9.4.2,9.8,9.9.1, CONTRACTOR " . rr, lam'2 3 ' .. *ilkI,aws Contractor,Definition of 2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4, 10.2.2, 13.1, 3.1,6.1.2 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, Contractor's Construction and Submittal 15.4.2, 15.43 Schedules 3.10,3.12.1,3.12.2,4.2.3,6.1.3, 15.1.6.2 AlA Document AZO1'^—2017.Copyright C 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init American Institute of Architects_All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AlA 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 Contractor's Employees Damage to Construction of Owner or Separate � � ,,, ' ,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, Contractors IONr .'. y 14.1,142.1.1 314.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 r's Liability Insurance Damage to the Work .. �R44..�.: 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4, 122.4 .r's Relationship with Separate Contractors Damages,Claims for . rer'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, i. 3.14.2,4.2.4,6, 11.3,122.4 11.3, 14.2.4, 15.1.7 Contractor's Relations�llip with Subcontractors Damages for Delay 0;7,22.4 ` 2,3 1 3.18.2,42.4,5,9.6.2,9.6.7, 6.2.3,8.3.3,9.5.1.6,9.7, 10.3.2, 14.3.2 t •- tir ,,, ,2, 11 ,11 Date of Commencement of the Work,Definition of ���h{'i tractor ,.o ' r the Architect 8.1.2 , 1.5,; i, > , 't war,323,3.2.4,3.3.1,3.4.2, Date of Substantial Completion,Definition of 3.3st;1,3.7 , ••',3_ ,•_.16,3.18,4.2,5.2,6.2.2, 8.1.3 d' 1 , , , ' 9. ''.8,9.9, 10.2.6, 10.3, Day,Definition of 1 , . 8.1.4 "t'.• 1' - '+ Decisions of the Architect 3.2 3 6�, +.i .= 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, - C•. s n• 'Those Performing the 7.3.9,8.1.3,8.3.1,9.2,9.4,9.5,1,9.8.4,9.9.1, 13.4.2, « 14.2.2, 14.2.4, 15.1, 152 r " 02.8 ��k • i • u ,•• Decisions to Withhold Certification 'ia• uments 9.4.1 9.5,9.7, 14.1.1.3 ..QSX ' Y•i fir, . .: ` ` .t: Defective or Nonconforming Work,Acceptance, ork Rejection and Correction of A ' 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, to ,s ;, . i. • the Contract 9.10.4, 12.2-1 14.r. :.;- ','";* Definitions C. 1.12.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, "4 23,9.2,9.3,9.8.2, 6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1, 15.1.1 Delays and Extensions of Time + s S ......... e 3.2,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, " • K +`-+ 10.3.2, 10.4, 14.3.2,15.1.6, 15.2.5 a ' •r d C. Digital Data Use and Transmission 1.7 '" 1' 2, s c' z 4.2,2, . , 1.3,6.2.4,7.1.3, Disputes 4i 7.3 it7-1 , ,g 1445 I 4 6.3,7.3.9, 15.1, 15.2 a. '•n ''orrelati. Documents and Samples at the Site ,.' * 3.10,3. 3.11 .._.1- O ' cifications Drawings,Definition of / ` ` .:.I1 1.1.5 .its "- Drawings and Specifications,Use and Ownership of ? 1.5 3.17 ,* . 3.11 C 'on of Work , Effective Date of Insurance 2.5, .7. ;l. ,:.2,9 .. ..9.1, 12.1.2, 12.2, 12.3, 8.2.2 '' 15.1.3.1,'I . : _ . .1 Emergencies • i C,tio rrelati• ,, ' of the Contract Documents 10.4, 14.1.1.2,15.1.5 4 t � ° .. 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, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment,Labor,or Materials ' ,, .82,3.15.2,5.4.2,6.1.1,6.2.3, 1.1.3, 1.1.6,3-4,3.5,3.8-2,3.8.3,3.12,3.13,3.15.1, ;� 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, ,1, w'5Y ,.a 'W.; ,'2.4, 13.4, 14 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Cutting and Patching Execution and Progress of the Work 3.14,6.2.5 1.1.3, 1.2.1, 1.2.2,2.3.4,2.3.6,3.1,3.3.1,3.4.1,3.7.1, 3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7-3.6,8.2,9.5.1, 9.9_1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Uit AIA Document A201' -NM.Copyright m 1911,1915,1918,1925,1937,1951,1956,1961,1963,1966, 1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties. r Unauthorized reproduction or distribution of this A Document,or any portion of it,may result in severe civil and criminal penalties,and will be 5 We 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) Extensions of Time Insurance,Stored Materials 4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, 9.3.2 1,4 = - 15.1.6, 15.25 INSURANCE AND BONDS ` !x Payment 11 9 >-:4i7,9.10.2, 13.5, 14.1.1.3,14.2.I.2 Insurance Companies,Consent to Partial Occupancy ork 9.9.1 ;, fective or Nonconforming Work) Insured loss,Adjustment and Settlement of ' -.. Completion and Final Payment 11.5 _- _+2 4.2.1,4.2.9,9.8.2,9.1k 12.3, 14.2.4, 14.4.3 Intent of the Contract Documents Valencia'Atmgemet ,Owner's 1.2.1,4.2.7,4.2.12,4.2.13 it's`" 1, 13.2.2,r', .1.1.•: ;,:i:: Interest nk t. 13.5 Interpretation i ' G'erniig 1.I.8, 1.2.3, 1.4,4.1.1,5.1,6.1.2, 15.1.1 ?;:_ 131 - .'' ° >;: ,. Interpretations,Written f '. ,? 4.2.11,4.2.12 ces Judgment on Final Award -. s ` 15.4.2 l• � so , cQlprs and Suppliers 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, Y 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.102, 10.2.1, a _Air• 0 1.3 10.2.4, 14.2.1.1, 14.2.1.2 iced of the Owner Labor Disputes ':.9 :..`,2.3 • y 3 e', .1.3,6.1.4,6.2.5, 8.3.1 lib. '' ` ".2, 13.4.1, 13.4.2, Laws and Regulations 1I. 14 �� ` 1.5,2.3.2,3.2.3,3.2.4,3.6,3.7,3.12.10,3.13,9.6.4, z: n 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 1 5 : y : ; x '. 15.4 t . n :. nition of Liens k 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 >.• .� ons Limitations,Statutes of ,t? 1 - 2,15 10,2.4, 152.5 12.2.5, 15.1.2, 15.4.1.1 t Decjnor r. nt of. Limitations of Liability �. 1 1 1, 15.22 115.2.4, 15.2.5 3.2.2,3.5,3.12.10,3.12.10.1,3.17,3.18.1,4.2.6, rn u rss n rty 4.2.7,6.2.2,9.4.2,9.6.4,9.6.7,9.6.8, 10.2.5, 10.3.3, s ` • 11.3, 12.2.5, 13.3.1 ,, -•z-- g., 1: Limitations of Time 3.1 3.1.1,4.2 2 4.Z4 .9P-,9.4.2,9.8.3, 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 9 2 5.2,5.3,5.4.1,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3, rl ois to Bidde 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15, 1 y t 15.1.2, 15.1.3, 15.1.5 Instructions'1the Materials,Hazardous 3.2.44444444 3.3.1 3.8.1,5*f,7,t2. .I2, 13.4.2 10.2.4,10.3 1lnstrun;llnnlelt . 'ce,Defuiition of Materials,Labor,Equipment and - 1.7 7". 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, = trance 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 6,1-.1,7.3.4,i€ ,2.-liAr''9.8.4,9.9.1,9.10.2,10.2.5, 11 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.I.2 Insurance,Notice of Cancellation or Expiration Means,Methods,Techniques,Sequences and 4L $ Procedures of Construction Aa - ctor's Liability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 "1 • ioRr ' „--.1 .-., , Mechanic's Lien Eilkielve Date of 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 &.2_:ZI4. - Mediation Insurance,Owner's Liability 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6,153, 15.4.1, 11.2 15.4.1.1 Insurance,Property Minor Changes in the Work 10.2.5, 11.2, 11.4, 11.5 1.1.1,3.4.2,3.12.8,4.2.8,7.1,7.4 AIA Document A201 To—2017.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The 'nit. American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International 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 6 i prosecuted to the maximum extant possible under the law.This documentwas produced by AIA software at 19:23:04 an 07/09/2018 under Order No.6026153152 which expires on 07/10/2019,and is not for resale. User Notes: (1 1 3057 8266) MISCELLANEOUS PROVISIONS Owner's Right to Clean Up ,13 6.3 �4 `, .ns,Definition of Owner's Right to Perform Construction and to 14'. ,t� ' Award Separate Contracts 4.`1' ons to the Contract 6.1 1,1.2,2.5,3.11,4.1.2,42.1,5.2.3,7,8.3.1,9.7, Owner's Right to Stop the Work ' 2.4 - • Responsibility Owner's Right to Suspend the Work ,w: .,. " tit14.3 info • Wo' ° cceptance of Owner's Right to Terminate the Contract A, ' " •,9.93 , 14.2, 14.4 o,<tt''` conln W• on and Correction of Ownership and Use of Drawings,Specifications fi.- 2 5,3,-. ., 6, 45.1,9.8.2,9.9.3,9.10.4, and Other Instruments of Service ;;°' ' °i° ' f '. 1.I.1, 1.1.6, 1.1.7, 1.5,2.3.6,3.2.2,3.11,3.17,4.2.12, ar5 :xc:1 { , 5.3 4 x•:. xx .3,22.4,2.5,3.2.4, Partial Occupancy or Use 1 >- 7 ° ti 3.12.10,5.2.17.4 9.6.6,9.9 ,.rt,:ltg...T., pist.:4 I 0.3.2, 11.5, 12.2.2.1, Patching,Cutting and 1 42,15.1.3, 15.1.5, 3.14,6.2.5 2.5 ' ; :; . s • a . • Patents '•f£ • •• •n of Insurance 3.17 Y a: Payment,Applications for l 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 3 ,• t: 115.1.3, 15.1.5, 15.1.6, 14.2.3, 14.2.4, 14.4.3 .3 e .4 x Payment,Certificates for { - 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.I0.1, 4. • ,� 4 s '' 3 . "`,u. 9.10.3, 14.1.1.3, 14.2.4 D"+ si'+ ..'"`` ' Payment,Failure of 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 ' fix:- a ' Payment,Final .z 98 4.2.1,4.2.9,9.10, 12.3, 14.2.4, 14.4.3 Payment Bond,Performance Bond and a���lri�t �r"I',� ..ry.,y. '. '�, � .w.y i''4 y • 2 , z,, f 1 5 .1, 13.4.2, 7.3.4.4,9.6.7,9.10.3,11.1.2 yr= LM*. 3 Payments,Progress ,, • ' . ,,`,.., hg. 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 „r '.. 40 PAYMENTS AND COMPLETION �21'L! a¢'0:., ;r> Payments to Subcontractors gements 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 ' 2 4.1.1.4 PCB . fptmati :; '.- Required of the 10.3.1 2.1.2,2.2,23,32.�,Z, ,6.1.4,6.2.5,9.3.2, Performance Bond and Payment Bond 9.Ca1,,,.9.6.4,9 9.2,9"� •' t1.2, 13.4.1, 13.4.2, 7.3.4.4,9.6.7,9.10.3,11.1.2 41 4.t 1 . a .. 1 4 Permits,Fees,Notices and Compliance with Laws P er s- a, ,+F. 2.3.1,3.7,3.13,7.3.4.4, 10.2.2 w ,2.1.1,~ aF.v• 3.42,3.8.1,3.12.10,3.14.2, PERSONS AND PROPERTY,PROTECTION OF k -,:;, 2,4.2.4, 5_2.4,5.4.1,6.1,6.3,7.2.1, 10 > "" 7.3.1,822,8.3.1,932,9.5.1,9.6.4,9.9.1,9.10.2, Polychlorinated Biphenyl 1 32, ,T1.5, 122.2, 12.3, 13.2.2, 14.3, 14.4, 10.3.1 `' -.9 l Product Data,Definition of �t a ''ce 3.12.2 s, `se":` Product Data and Samples,Shop Drawings 'LViiiniceiliiiiiiinatship with Subcontractors 3.11,3.12,4.2.7 1.1.2,5.2,5.3,5.4,9.6.4,9.102,14.2.2 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, 142.2 Progress Payments 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15_I.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_An rights reserved.WARNING:This AIA'•Document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIAr'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.0226 152 which expires on 07/10/2019,and is not for resale. (1130578266) Project,Definition of Separate Contracts and Contractors 4 1.1,4,3.12.5,3.14.2,4.2,4,4.2.7,6,8.3.1, 12.1.2 �" entatives Separate Contractors,Definition of 4.2$- 6.1.1 s -_ ,Insurance Shop Drawings,Definition of t .10 11.2 3.12.1 al Requirements Shop Drawings,Product Data and Samples 111 3.11,3.12,4.2.7 FAOTECTION OF'ORISONS AND PROPERTY Site,Use of IS '' 3.13,6.1.1,6.2.1 ` atio r 'La t,; Site Inspections 23.2, .3.6 < ,12.I0,3.13,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.9.2,9.4.2,9.10.1, 13.4 104.2,13 ,1 . .13.42,13.5, 14,15.2.8, 15.4 Site Visits,Architect's o ' - 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 ' `' x Special Inspections and Testing Rdeaso , ....4. 4.2.6, 12.2.1, 13.4 ' a 1 • ,1 F:. Specifications,Definition of - 1.1.6 3 £i5,3 , $.2 9.3.3 a.4.2,9.5.1,9.10.1 Specifications 1.1.1,1.1.6, 1.2.2, 1.5,3.12.10,3.17,4.2.14 1 I Statute of Limitations or. ;mg the Work 15.1.2, 15.4.1.1 IOC . • -• i y .,6.2,6,3,9.5.1, 10 Stopping the Work r .'rage "' 2.2.2,2.4,9.7, 10.3, 14.1 93 .2, ,9 ,910.3 Stored Materials e 0 'and Field 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Subcontractor,Definition of. r . ttals by Owner and SUBCONTRACTORS \ 5 34 • 330 3 14,,x 4l,5 2 6.1.3,9.2,9.8.2 Subcontractors,Work by S • r.uct d Samples 1.2.2,3.3.2,3.12.1,3.18,4.2.3,5.2.3,5.3,5.4,9.3.1.2, ' na .. '- 0 9.6.7 3. Subcontractual Relations 5.3,5.4,9.3.1.2, 9.6,9.10, 10.2.1, 14.1, 14.2.1 = 1.11 .2 ',1 2 4.2.6,5.3,5.4,6.1, Submittals 6 $ 3.1 97 11 11O.3y,,.,12.2.1, 12.2.2, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4,9.2,9.3,9.8, ;; ,; 12 'R'-r ' 154 -: 9.9.1,9.10.2,9.10.3 ' Ray - •01 C . f • Submittal Schedule 3.17 . 3.10.2,3.12.5,4.2.7 nd till.ces x n Subrogation,Waivers of 1541 . . 6.1.1, 113 Ss*of Persons a Substances,Hazardous 0 , 4. . 10.3 Safety Piiiiiiipd Programs Substantial Completion • 33.1,4.2.2, :7, 0.1, 10.2, 10.4 4.2.9,8.1.1,8.1-3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, , 9a' ples,D 15.1.2 3.123 Substantial Completion,Definition of Drawings,Product Data and 9.8.1 -- ,,,, r v. ;<., Substitution of Subcontractors ,` `° e,Documents and 5.2.3,5.2.4 31111 Substitution of Architect , ,. - les 2.3.3 9.2,9.3.1 Substitutions of Materials Schedules,Construction 3.4.2,3.5,7.3.8 3.10,3.12.1,3.12.2,6.1.3, 15.1.6.2 Sub-subcontractor,Definition of 5.1.2 Init. AIA Document AZO'1 "-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 AIA5 Document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIM'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) j 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, k 5s Sill*its 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, '.. tn.+ 'l. ;{ 9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15.1.2, 1T^j,' :dndent 15.1.3, 15.4 Time Limits on Claims °" <` t ..; `.a and Construction Procedures 3.7.4, 10.2.8, 15.1.2, 15.1.3 11 _ ' 1 33,3.4,3.12.10,422,4.2.7,6.13,6.2.4,7.1.3, Title to Work ,i.,344,8.2,83.1,9.4.2 ', 12, 14, 15.1.4 9.3.2,9.3.3 Suppliers UNCOVERING AND CORRECTION OF WORK '`' 1.3,3.12.1, ,4 1,9.3,9.4.2,9.5.4,9.6, 12 9 1.5, 14 \ Uncovering of Work .Akty .����,: : ' 'rx' 12.1 5:4e1. '. `' 10.3 11.1.2, 14.2.2, Unforeseen Conditions,Concealed or Unknown 1152.7 M µ 3.7.4,8.3.1, 10.3 L ' Unit Prices 93 5, 7.3.3.2,9.1.2 � a .r Use of Documents 1• . , 'k tie 1.1.1, 1.5,2.3.6,3.12.6,5.3 .•• r Convenience Use of Site 4 �� +s 3.13,6.1.1,6.2.1 Values,Schedule of 9.2,9.3.1 i _ -' ' s e Contract Waiver of Claims by the Architect 4 r 13.3.2 r ''a Waiver of Claims by the Contractor 3•G. ,: 9.10.5, 13.3.2,15_1.7 r Waiver of Claims by the Owner 1 .t„ 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 7`110026 i 11k1 • r for Cause Waiver of Consequential Damages 3A44,14.2, 5 14.2.4, 15.1.7 ,,, ••LL eeii !!o y for Convenience Waiver of Liens • `. 9.3,9.10.2,9.10.4 iltn r a�,�.;i' Waivers of Subrogation 2`.33 '� 6.1.1,113 �I' zt { Employment Warranty xv 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.2,9.10.4, 12.2.2, f i li ,p,`Z ,.. .. '0q. 15.1.2 4.0 I' ..;._„ OF THE Weather Delays 8.3, 15.1.6.2 t. lls " Work,Definition of Tests and 1.1.3 3.1.3,33.3,3.7.1,4 j2!9,9.4.2,9.8.3, Written Consent 9.9.2,9. 12: , .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 :A,.. 4 °; i,+ 13.2, 13.3.2, 15.4.4.2 ! 2.. .. , b" . Written Interpretations • Time,Dela}++Zf ions of 4.2.11,4.2.12 3.2.4,3.7.4,5.23,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, Written Orders 103.2,.*lf jr, 4,2, 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 i# , W k1.- Init. AIA Document A201 V"—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 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 ;, Definitions * Contract Documents ,,4f ` . '' ." t Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the b':v t)and consist ofthe Agreement,Conditions of the Contract(General,Supplementary _ gree t, pp ary and other Conditions), Specifications,Addenda issued prior to execution of the Contract,other documents Iisted in the Agreement, ap;,r difications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract slid by both parties,(2)a Change Order,(3)a Construction Change Directive,or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract ikaptunents*not inthe advertisement or invitation to bid,Instructions to Bidders,sample forms,other -,rmatio. 'she - e Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or s.. one o r ' '.da. to bidding or proposal requirements. ' - Co ' f the Contract for Construction.The Contract represents the entire and integrated �"ereto and supersedes prior negotiations,representations,or agreements,either written dto vk• op disay'l�allrrended or modified only by a Modification.The Contract Documents shall not be Co. c *c relationship of any kind(1)between the Contractor and the Architect or the o nts, tlsillween the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner • . . • or , tect s consultants,or(4)between any persons or entities other than the Owner and the ,• .* f -, ; owever,be entitled to performance and enforcement of obligations under the •: ormance of the Architect's duties. • ,i sr, a. , e "' p ". '' " t ."nstruction and services required by the Contract Documents,whether completed or r/ talall other labor,materials,equipment,and services provided or to be provided by the C. �' is obligations.The Work may constitute the whole or a part of the Project. r is 1ic�htoeelstruction of which the Work performed under the Contract Documents may be the whole or s. • ". . l construction by the Owner and by Separate Contractors. 'K '; , ;, o �_* a r the graphic al portions of the Contract Documents showing the design,Iocation and -. . . = f :gen .. uding plans,elevations,sections,details,schedules,and diagrams. ;F '1Cfi ,t 6' Tht ins are thatpla dmie Contract Documents consisting of the written requirements for materials, et�uii.; " '*•• -. s,standards i litt'kmanship for the Work,and performance of related services. • Samba, Instrumen, :r stations,in any medium of expression now known or later developed,of the tangible gible creatr i ed by the Architect and the Architect's consultants under their respective v:,a,.:. ' ro essi• _ as.Instruments of Service may include,without limitation,studies,surveys,models, tches'' cifications,and other similar materials. x ` '' 1,8 Initia ,.>, f : .iker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in • Section 15.2.The Initial Decision Maker shall not show partiality to the Owner or Contractor and ° ,. ` for results of interpretations or decisions rendered in good faith. i. ,, . �'" d Intent of the Contract Documents ';of the Contract Documents is to include all items necessaryfor the proper execution and completion � '. w P P P of theWork 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. AIA Document A201"—2017.Copyright C 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIAC 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 an 07/10/2019,and is not for resale. User Notes: (1130578266) /" §12.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining _,:., 4, • • . ip,4s If it is determined that any provision of the Contract Documents violates any law,or is otherwise invalid or $:.le,then that provision shall be revised to the extent necessary dry to make that provision legal and x• e.In such case the Contract Documents shall be construed,to the fullest extent permitted by law,to give •• tie parties'intentions and purposes in executing the Contract. 7' a :anization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not k '•I the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be ;,,. -'''1.- 1 orned by any . .. '` 3 Lin'- •.d • ,ed in the Contract Documents words that have well-known technical or construction try .. :a. in the Contract Documents in accordance with such recognized meanings. '1" n4 t 's • , • . ii • Conditions include those that are(1)specifically defined,(2)the titles of numbered 1 11. • documents published by the American Institute of Architects. r„ "4? ' .tract Documents frequently omit modifying words such as"all"and"any"and articles fact that a modifier or an article is absent from one statement and appears in another is :1.on of either statement. Specifications,and Other Instruments of Service . hitect's consultants shall be deemed the authors and owners of their respective . .: F g the Drawings and Specifications,and retain all common law,statutory,and other _,,. ' , is of Service,including copyrights.The Contractor,Subcontractors, 1 A 1. . 1• + . . shall not own or claim a copyright in the Instruments of Service.Submittal or '' to ' _ story requirements or for other purposes in connection with the Project is not to be ' ii i - •gation of the Architect's or Architect's consultants' reserved rights. • t_- •. : •rs,Sub-subcontractors,and suppliers are authorized to use and reproduce the • µ. 4 •"6. h, i.• to t, bject to any protocols established pursuant to Sections I.7 and 1.8,solely •n of All copies made under this authorization shall bear the copyright notice,if ,..,r • rr fig eras , The Contractor,Subcontractors,Sub-subcontractors,and suppliers may not ttse the.._ 'cc tnh ier projects or for additions to the Project outside the scope of the Work without ''' • i'f the Owner,Architect,and the Architect's consultants. k try4 • '' z • . 'Sect• ion 1.6.2,where the Contract Documents require one party to notify or � ...otice to the of such notice shall be provided in writing to the designated representative of the party to = e notice i '. , =d shall be deemed to have been duly served if delivered in person,by mail,by courier, '�' k or by,elects -- • : *method for electronic transmission is set forth in the Agreement. 4_ . I P• !;?.; o.a 1.6'� ••s •'.vided in Section 15.1.3 shall be provided in writing and shall be deemed to have been "- Y _ vered to the designated representative of the party to whom the notice is addressed by certified gist courier providing proof of delivery. §1.7 Digital Data Use and Transmission paiiiips_ agree upon protocols governing the transmission and use of Instruments of Service or any other ,.,,,, •. entation in digital form.The parties will use AIA Document E203T'L2013,Building • ,„ 1• and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and §1.8 Building kitomration 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"L2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document Init. AIA Document A201T"-2017.Copyrights 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 AIAe Document is protected by U.S.Copyright Law and International Treaties. 11 / 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 maximum extent possible under the law.This document was produced by AJA 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) G202T74-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying parry's sole risk j' and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building . , .n model,and each of their agents and employees. — OWNER 42.1 GAperal §21.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract -4:,', - '-1Dbcaa!ments as if singular in number.The Owner shall designate in writing a representative who shall have express .464hority to bind the a :•er with respect to all matters requiring the Owner's approval or authorization.Except as -se p .ded i• Ion 4.2.1,the Architect does not have such authority.The term "Owner"means the Owner -. - the Own uth. .resentative. n 12.1.2 Th br ' ''.' h to the Contractor,within fifteen days after receipt of a written request, information _aeoes : 1e .,l ' .._Contractor to evaluate,give notice of,or enforce mechanic's lien rights.Such 1, a ct statement of the record Iegal title to the property on which the Project is located, I W`" ,d the Owner's interest therein. 2 rf. 1 - ::1 Arrangements t of the Work and upon written request by the Contractor,the Owner shall furnish to the , _ that the Owner has made financial arrangements to fulfill the Owner's obligations . ;,•r shall have no obligation to commence the Work until the Owner provides such '�' ._ „•. Work is delayed under this Section 2.2.1,the Contract Time shall be extended 4 f 2 llo* ent of the Work and upon written request by the Contractor,the Owner shall furnish to .r that the Owner has made financial arrangements to fulfill the Owner's obligations ,s, Owner fails to make payments to the Contractor as the Contract Documents require; ": 2= "" ng a reasonable concern regarding the Owner's ability to make payment when due; of(3). _= male ...aterially changes the Contract Sum.If the Owner fails to provide such evidence,as ` ;•' b'iea iidhys of the Contractor's request,the Contractor may immediately stop the Work and,in that ia1ait,;'i r.. *. ...: the Work has stopped.However,if the request is made because a change in the Work _ Sung = (3)above,the Contractor may immediately stop only that portion of the : : - • -..e un •le evidence is provided.If the Work is stopped under this Section 2.2.2,the 'cabal .s}ali:' exten. : ately and the Contract Sum shall be increased by the amount of the Con 'costs ofslatdown,delay and start-up,plus interest as provided in the Contract Documents. . § f FtOwner r • •ce of financial arrangements under this Section 2.2,the Owner shall not :- ` l' .; "" ' ch fin: -'•ts without prior notice to the Contractor. *22.4 ere the Owner has designated information furnished under this Section 2.2 as"confidential,"the Contractor shall keep tliatinfonsiiiiiiiialkdential and shall not disclose it to any other person.However,the Contractor may disclose"co adentia ,, ,,, .,after seven(7)days'notice to the Owner,where disclosure is required by law, inting a subpoen of compulsory legal process issued by a court or governmental entity,or by court yr ark-. r e sntractor may also disclose"confidential"information to its employees,consultants, `" ysereties, i ''' - and their employees,Sub-subcontractors,and others who need to know the content of such . iio;E'ormati.' -- aid'exclusively for the Project and who agree to maintain the confidentiality of such information. §2.3 Information and Services Required of the Owner permits and fees that are the responsibility of the Contractor under the Contract Documents, - x . quired under Section 3.7.1,the Owner shall secure and pay for necessary approvals,easements, •. - " -harges required for construction,use or occupancy of permanent structures or for permanent draug aia A ul tg 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. AlA Document A201 TM--2017.Copyright m 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 AIAe Document is protected by U.S.Copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this AIAC 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 6026153/52 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 • nQ„ -, (•nable objection and whose status under the Contract Documents shall be that of the Architect. . '-?`,t • . Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for --- the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of .• :on furnished by the Owner but shall exercise proper precautions relating to the safe performance of the f23.5 The Owner sh , information or services required of the Owner by the Contract Documents with >bi onable pit... . .. Owner shall also furnish any other information or services under the Owner's control and t to s-o•• performance of the Work with reasonable promptness after receiving the Contractor's y en •rmation or services. I + `R- 6 Uf ii °`. ded in the Contract Documents,the Owner shall furnish to the Contractor one copy of ' 01i o> oses of making reproductions pursuant to Section 1.5.2. v ork ''i Work that is not in accordance with the requirements of the Contract Documents as -' ,. ,, " -• • y fails to carry out Work in accordance with the Contract Documents,the Owner • „�.. . Contractor to stop the Work,or any portion thereof,until the cause for such order has ti j• of the Owner to stop the Work shall not give rise to a duty on the part of the Owner e of the Contractor or any other person or entity,except to the extent required by t it ' : the Work f '' r ..to carry out the Work in accordance with the Contract Documents and fails x' l' c :. • .t of notice from the Owner to commence and continue correction of such default or n- '`.ptness,the Owner may,without prejudice to other remedies the Owner may have, T. •a, Such action by the Owner and amounts charged to the Contractor are both subject to .• and the Architect may,pursuant to Section 9.5.1,withhold or nullify a Certificate for '�' :-. • •the extent reasonably necessary to reimburse the Owner for the reasonable cost of ., ..;... _ S _ ncl Owner's expenses and compensation for the Architect's additional services faul , or failure.If current and future payments are not sufficient to cover such lglld • 4 ' •r shall Afference to the Owner.If the Contractor disagrees with the actions of the Own- 7 rtke claimed as costs to the Owner,the Contractor may file a Claim pursuant to 40 a, CTQii ' ,, •e co is the person or entity identified as such in the Agreement and is referred to throughout the Din ar in number.The Contractor shall be lawfully licensed,if required in the jurisdiction where the ontractor shall designate in writing a representative who shall have express al. ity to bind the '+ '°it respect to all matters under this Contract.The term"Contractor"means the .. Con. - 4 .ntractor's authorized representative. xw P yr • 1.2 Th A •• I 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 „A., ,,•-• •• • by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, ' ."�' ovals required or performed by persons or entities other than the Contractor. 1 . Documents and Field Conditions by Contractor * - - .f the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed,and correlated personal observations with requirements of the Contract Documents. init AIA Document A201'••—2017.Copyright m 1911,1915,1916,1925,1937,1951,1968,1961 1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.MI rights reserved-WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 13 / Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:23:04 on 07/09/2018 under Order No.6026153152 which expires on 07/10/2019•and is not for resale. User Notes: (1130678266) §3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work, :• : fully study and compare the various Contract Documents relative to that portion of the Work,as well as the 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 • are for the purpose of facilitating coordination and construction by the Contractor and are not for the pirpQKof discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall Zy report to the Architect any errors,inconsistencies or omissions discovered by or made known to the or as a request for information in such form as the Architect may require.It is recognized that the Contractor's 'ew is made in the " r tractor's capacity as a contractor and not as a licensed design professional,unless otherwise ifirally IDvided Contract Documents. 3,2.3 Theacts +.required to ascertain that the Contract Documents are in accordance with applicable laws, mites, . ' rules and regulations,or lawful orders of public authorities,but the Contractor shall -ct any nonconformity discovered by or made known to the Contractor as a request for r r , r . 7, Architect may require. j3 2 4 — that additional cost or time is involved because of clarifications or instructions the A ' i . $e Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, '41111 I. s • as provided in Article 15.If the Contractor fails to perform the obligations of tractor shall pay such costs and damages to the Owner,subject to Section 15.1.7,as ontractor had performed such obligations.If the Contractor performs those oltregiiti• a syr not be liable to the Owner or Architect for damages resulting from errors, or. ,e Contract Documents,for differences between field measurements or conditions the • for nonconformities of the Contract Documents to applicable laws,statutes, :, . ' gulations,and lawful orders of public authorities. w- s� ' 3,,,3 . l:-• • • Procedures • t =� t. • . wise and direct the Work,using the Contractor's best skill and attention.The ..risible for,and have control over,construction means,methods,techniques,sequences, a I . . rdinating all portions of the Work under the Contract.If the Contract Documents give ' • • construction means,methods,techniques,sequences,or procedures,the Contractor '• thereastui shall be solely responsible for the jobsite safety of such means,methods, fec*niquakeie , •rocedlMSs, fthe Contractor determines that such means,methods,techniques,sequences ix • ia�,ay not'be safe > ractor shall give timely notice to the Owner and Architect,and shall propose yzfr fe ". T s,sequences,or procedures.The Architect shall evaluate the proposed -• ance with the design intent for the completed construction.Unless the Architect objects 4Q _. .c 's proposetleal l gsg,the Contractor shall perform the Work using its alternative means,methods, F.- sequences,orAssettiseeti - . 4 Mbt etontractoi Shill be responsible to the Owner for acts and omissions of the Contractor's employees, . : •• ,and employees,and other persons or entities performing portions of the Work for,or on behalf o e • :airy of its Subcontractors. §3.3.3 T irh4ictor sfi2'f be responsible for inspection of portions of Work already performed to determine that •wch po r :•per condition to receive subsequent Work_ ! 3-4 Labor §3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, rnisesitiatoremeent,tools,construction equipment and machinery,water,heat,utilities,transportation,and other �llprvices necessary for proper execution and completion of the Work,whether temporary or permanent •t incorporated or to be incorporated in the Work. +h t y$ § • :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. MA Document A201""—2017.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The [nit American Institute of Architects.All rights reserved.WARNING:This AIAG 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.6 0261 531 52 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 • ;sons ttrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly - : Its assigned to them. } +,:.• The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract -of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further II is that the Work will conform to the requirements of the Contract Documents and will be free from defects, _,^ .t for those inh- - in the quality of the Work the Contract Documents require or permit.Work,materials,or '' '.•ment n .confo ::r to these requirements may be considered defective.The Contractor's warranty excludes , n -• for ' •e • " caused by abuse,alterations to the Work not executed by the Contractor,improper or .roper operation by in -., „...t.,..,, ., ont,,, . ,.... ,,,,.., ,,, ,..„....., satisfactory ev Bence as to the kind and quality of aterials,or normal wear and tear and normal e.If required and eq pm nt the Architect, , :....: ,,,„, „.... .2 •. , or other special warranties required by the Contract Documents shall be issued in the { e 3 • . ferable to the Owner,and shall commence in accordance with Section 9.8.4. tip" G _1 ''consumer,use and similar taxes for the Work provided by the Contractor that are eived or negotiations concluded,whether or not yet effective or merely scheduled to a pt.. ''' . :+:� : :> ter. ��' • ':: .iT--• 'W . . ' * 40 p .'4 ompliance with Laws d in the Contract Documents,the Contractor shall secure and pay for the building x its.. ,fees,licenses,and inspections by government agencies necessary for proper • • ork that are customarily secured after execution of the Contract and legally required U • egotiations concluded. k I.• . Abmply with and give notices required by applicable laws,statutes,ordinances,codes, wful orders of public authorities applicable to performance of the Work. V 4 .y Y ..e ..s W.ocklaiowing it to be contrary to applicable laws,statutes,ordinances,codes,rules - il.,, ,:. • ''' ` b ;+ authorities,the Contractor shall assume appropriate responsibility for such s 'I ,:'.:',1. • ,IC costs to correction. '. + rxx_ • Conditions a `. - .oun at the site that are(1)subsurface or otherwise concealed physical conditions i fro. -. in the Contract Documents or(2)unknown physical conditions of an .. am those ordinarily found to exist and generally recognized as inherent in 060/1nuction activities of the character provided for in the Contract Documents,the Contractor shaII promptly provide 1D th ., .,••ect before conditions are disturbed and in no event later than 14 days after first .r, observance e c • chitect will promptly investigate such conditions and,if the Architect determines differ m. • s an increase or decrease in the Contractor's cost of,or time required for, e o .. , yt o a -Work,will recommend that an equitable adjustment be made in the Contract Sum or ± •ntract If the Architect determines that the conditions at the site are not materially different from those ^' • ,rated : Documents and that no change in the terms of the Contract is justified,the Architect shall o .ptly no.- '. and Contractor,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may submit a Claim as provided in Article 15. `-' _ '"•'•urse of the Work,the Contractor encounters human remains or recognizes the existence of burial •gical sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately ••ons that would affect them and shall notify the Owner and Architect Upon receipt of such notice, liati.Q. '. omptly take anyaction necessa ry y to obtain governmental authorization required to resume the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. Init AIA Document A201 11-201 7.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 distrthution of this AIAe 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 g3,8.1.The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items e+ieetaililiy allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,but a• or shall not be required to employ persons or entities to whom the Contractor has reasonable objection. `, .. r. Q348,2 Unless otherwise provided in the Contract Documents, ,4z .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all ,,tea 4:`i- requited taxes,less applicable trade discounts; .2 Con. -•_,, 's costs for unloading and handling at the site,labor,installation costs,overhead,profit,and •.' ;r..other p - es contemplated for stated allowance amounts shall be included in the Contract Sum but ,, et m •wanes;and • - ° .3 . • ,•.. are more than or less than allowances,the Contract Sum shall be adjusted accordingly } C ,r •er.The amount of the Change Order shall reflect(1)the difference between actual costs "' =:4 s.;aAnd ,_ `° •ices under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. , ., 4.3 under an allowance shall be selected by the Owner with reasonable promptness. x. b ; 39 ''4: ,ice .loy a competent superintendent and necessary assistants who shall be in attendance at t:: •'''•• •ante of the Work_The superintendent shall represent the Contractor,and oylilin�fu• ,- _ �, erintendent shall be as binding as if given to the Contractor. w - ,., . practicable after award of the Contract,shall notify the Owner and Architect of the k • e and • e• •esed superintendent.Within 14 days of receipt of the information,the Architect may Alin** •• ��• hether the Owner or the Architect(1)has reasonable objection to the proposed .fo-,,,* ' 'onal time for review.Failure of the Architect to provide notice within the 14-day A ; _ o reasonable objection. ,i i! .1,-...... trot employ a proposed superintendent to whom the Owner or Architect has made - , .. � ;on.The Contractor shall not change the superintendent without the Owner's consent, 11 I not •• :•e withheld or delayed. .-•on la iiaittal Schedules 041 : a prom ing awarded the Contract,shall submit for the Owner's and Architect's o s c, .n schedule for the Work.The schedule shall contain detail appropriate for the flat, •t' .:.., of commencement of the Work,interim schedule milestone dates,and the date of Coiepfetion; _ ' nment of the Work by construction activity;and(3)the time required for d o 4 t h porn The schedule shall provide for the orderly progression of the Work to ,ski t e limits current under the Contract Documents.The schedule shall be revised at apriate mtervals as required by the conditions of the Work and Project. '1 Of/-'{ :.- «... ']r §3.10.2 Th : 'er being awarded the Contract and thereafter as necessary to maintain a current sntal schedule, • ' bmittal schedule for the Architect's approval.The Architect's approval shall not {Ie un :-;,,_ r> yed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's =`` ` and(2)allow the Architect reasonable time to review submittals.If the Contractor fails to 15;1 r it a ,:•ule,or fails to provide submittals in accordance with the approved submittal schedule,the or s l'. -''` _ • titled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 11r s L r � [l x�. : or shall perform the Work in general accordance with the most recent schedules submitted to the °lac -ct. ,vt:-: 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 ALA Document A201'''—2017.Copyright ID 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.Ali rights reserved.WARNING:This AIA"•Document Is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAC'Document,or any portion of It,may result in severe civil and criminal penalties,and will be 16 / 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 constrli.i-•. 1 t • Drawings,Product Data and Samples ` op Drawings D are drawings,g g ,diagrams,schedules,and other data specially prepared for the Work by the r or a Subcontractor,Sub-subcontractor,manufacturer,supplier,or distributor to illustrate some portion of 122 Product Data illustrations,standard schedules,performance charts,instructions,brochures,diagrams,and r inform n . by the Contractor to illustrate materials or equipment for some portion of the Work. 11t12.3 S , are examples that illustrate materials,equipment,or workmanship,and establish standards `•• ?AQ; udged x • • 2.4. Data,Samples,and similar submittals are not Contract Documents.Their purpose is .r proposes to conform to the information given and the design concept expressed in Ake >• •e portions of the Work for which the Contract Documents require submittals.Review by ' �. limitations of Section 4.2.7.Informational submittals upon which the Architect is not 4�;,•e• on may be so identified in the Contract Documents.Submittals that are not required by • '" returned by the Architect without action. �.._ for compliance with the Contract Documents,approve,and submit to the y ct Data,Samples,and similar submittals required by the Contract Documents,in ii0On hedule approved by the Architect or,in the absence of an approved submittal ' O ptness and in such sequence as to cause no delay in the Work or in the activities of the >. r 6 $ . +• ••wings,Product Data,Samples,and similar submittals,the Contractor represents to the / •. d• : Contractor has(1)reviewed and approved them,(2)determined and verified materials, ' d construction criteria related thereto,or will do so,and(3)checked and coordinated the •" '_ .uch submittals with the requirements of the Work and of the Contract Documents. • J4 tall-7 I pers*l/*portion of the Work for which the Contract Documents require submittal and Eon , :, s �. Samples,or similar submittals,until the respective submittal has been app • :tR ' °' GOIaIl be' with approved submittals except that the Contractor shall not be relieved of r deviati• "F slellllinirements of the Contract Documents by the Architect's approval of Shop Dra Amilar submittals,unless the Contractor has specifically notified the Architect k • •evtation at 1 e time of submittal and(1)the Architect has given written approval to the specific deviation as a devraUo 1j• •• • a Change Order or Construction Change Directive has been issued authorizing the n. o. be relieved of responsibility for errors or omissions in Shop Drawings,Product Dabs,Samples,or s •. _. • ,by the Architect's approval thereof. o ' $3.12 9 4 shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, pies, •y ,• •. to revisions other than those requested by the Architect on previous submittals.In the absence of • — ".•e Architect's approval of a resubmission shall not apply to such revisions. ha. • • .r shall not be required to provide professional services that constitute the practice of ti eering unless such services are specifically required by the Contract Documents for a portion of +� ••the Contractor needs to provide such services in order to carry out the Contractor's responsibilities cans,methods,techniques,sequences,and procedures.The Contractor shall not be required to -,;.a •• • - ' = 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 A2017"-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 AIM'Document is protected by U.S.Copyright Law and International Treaties. 17 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 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 j •... •1 rr shall cause such services or certifications to be provided by an appropriately licensed design professional, r: � :i afore and seal shall appear on all drawings,calculations,specifications,certifications,Shop Drawings,and js Weis als prepared by such professional.Shop Drawings,and other submittals related to the Work,designed or ,?. by such professional,if prepared by others,shall bear such professional's written approval when submitted to ;:,r,., 'teat.The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, :;< ions,and approvals performed or provided by such design professionals,provided the Owner and Architect pecified to the Contractor the performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Artihitect will review and approve or take other appropriate action on submittals only for the Gated purpole of chew rig for conformance with information given and the design concept expressed in the Contract a^- ..ents ,;:e: a §t12.102 'CoI)ocuments require the Contractor's design professional to certify that the Work has been ormedia•l*o v ..,the design criteria,the Contractor shall furnish such certifications to the Architect at the "4. an >- 'o ay the Architect. „.:•.„ A. 4. c" rations at the site to areas permitted by applicable laws,statutes,ordinances,codes, ' n , , . a ers of public authorities,and the Contract Documents and shall not unreasonably -_ or equipment. YT •7•,' .z- -.•A.n 1- •ensible for cutting,fitting,or patching required to complete the Work or to make - •.• areas requiring cutting,fitting,or patching shall be restored to the condition existing 1 •e .atching,unless otherwise required by the Contract Documents. 3. C. shall damage or endanger a portion of the Work or fully or partially completed ur c. o. I : = e Contractors by cutting,patching,or otherwise altering such construction,or by -: r' all not cut or otherwise alter construction by the Owner or a Separate Contractor except n +s:'• Sr ,,, e #" .'• ''' . Owner and of the Separate Contractor.Consent shall not be unreasonably withheld.The - • _l bly withhold,from the Owner or a Separate Contractor,its consent to cutting or shall . { 4 1:1, t 'Wade , ' 1 s's' ••shall .. premises and surrounding area free from accumulation of waste materials and :. . •. iomet under the Contract.At completion of the Work,the Contractor shall remove waste b. • ..e Con .5 idols construction equipment,machinery,and surplus materials from and about a - ;ti4,2 Iffhe Contractor fails to c can up as provided in the Contract Documents,the Owner may do so and the Owner sink*entitled to_ % It from the Contractor. § to W. . ,�.r Thee denim provi• 'he Owner and Architect with access to the Work in preparation and progress wherever bcated. ! I7 R and Copyrights The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of aoti llitent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall skit • - for defense or loss when a particular design,process,or product of a particular manufacturer or ' ,• equired by the Contract Documents,or where the copyright violations are contained in Drawings, 4 other documents prepared by the Owner or Architect.However,if an infringement of a copyright or a . ':�Il y'y :d by,or made known to,the Contractor,the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Inft. 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 AIM'Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM,Document,or any portion of it,may result in severe civil and criminal penalties,and will be 8 / 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 07/102019,and is not for resale. User Notes: (1130578266) i §3.18 Indemnification § • o the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,Architect, 1„. , consultants,and agents and employees of any of them from and against claims,damages,losses,and ._'_.. :c : :. _ -including but not limited to attorneys'fees,arising out of or resulting from performance of the Work, _ • that such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to 4 • • or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent ..issions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them,or anyone for acts theymaybe liable,regardless of whether or not such claim,damage,loss,or expense is caused in part by a pally indemnified hertatader.Such obligation shall not be construed to negate,abridge,or reduce other rights or y_ ai igations g1 nd .. . would otherwise exist as to a party or person described in this Section 3.18. 811n - �i person or entity indemnified under this Section 3.18 by an employee of the Contractor,a •'• ,�, 'y• or indirectly employed by them,or anyone for whose acts they may be liable,the ' :' ., •'• ' •' If,•er Section 3.18.1 shall not be limited by a limitation on amount or type of damages, ..h • •le by or for the Contractor or a Subcontractor under workers' compensation acts, • ••ployee benefit acts. s ARr - ', 7 • •n or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in s •- • " d limitations of authority of the Architect as set forth in the Contract Documents '•' f •• - or extended without written consent of the Owner,Contractor,and Architect.Consent „ Y " „ - § ',v : e administration of the Contract as described in the Contract Documents and will be ' 1,i: x •••g construction until the date the Architect issues the final Certificate for Payment.The `i l to act on behalf of the Owner only to the extent provided in the Contract Documents_ a ••' 'lilt the site at intervals appropriate to the stage of construction,or as otherwise agreed with ' ' ' pi - th the progress and quality of the portion of the Work completed,and to � - , the W. • is being performed in a manner indicating that the Work,when fully ': d" . • • • • the Contract Documents.However,the Architect will not be required to make • • •altitite inspections to check the quality or quantity of the Work.The Architect will not have ' -, of or - for the construction means,methods,techniques,sequences or procedures,or lib' r _ . --•• •;o• :; connection with the Work,since these are solely the Contractor's rights and - .••• •de li:` uments. § n thabas , lkettirll... its,the Architect will keep the Owner reasonably informed about the progress and - quality ofthlt,io . completed,and promptly report to the Owner(1)known deviations from the ocumen ` C D • 'ations from the most recent construction schedule submitted by the Contractor, an )failure to ' ..efici '. ies observed in the Work.The Architect will not be responsible for the Contractor's ''' Work in accordance with the requirements of the Contract Documents.The Architect will not h e co•• :e of,and will not be responsible for acts or omissions of,the Contractor,Subcontractors,or ity `• `T agents • q or any other persons or entities performing portions of the Work. •ntractor shall include the Architect in all communications that relate to or affect the Architect's I. inal responsibilities.The Owner shall promptly notify the Architect of the substance of any direct * ,,-•-;. . • een the Owner and the Contractor otherwise relating to the Project.Communications by and .., .i:' - r`'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. AlA Document A201'*—2017.Copyright 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970.1976,1967,1997,2007 and 2017 by The American Institute of Architects.AU rights reserved.WARNING:This AIM'Document is protected by U.S.Copyright Law and International Treaties, 19 Unauthorized reproduction or distribution of this AlAe 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 ser 07/10/2019,and is not for resale. U 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. Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the insiders it necessary or advisable,the Architect will have authority to require inspection or testing of the Y4adc in accordance with Sections 13.4.2 and I3.4.3,whether or not the Work is fabricated,installed or completed. • r,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise ' thority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,suppliers, .,-...411gpir agents or emplo ,or other persons or entities performing portions of the Work. �.7 The itect jeview and approve,or take other appropriate action upon,the Contractor's submittals such yM. _-. _hop • „. _s, Data,and Samples,but only for the limited purpose of checking for conformance with ▪ rmati._ design concept expressed in the Contract Documents.The Architect's action will be taken iccor•. -th •' .• schedule approved by the Architect or,in the absence of an approved submittal "...ess while allowing sufficient time in the Architect's professional judgment to .i ' . :" of such submittals is not conducted for the purpose of determining the accuracy and tit+ ,.• of h as dimensions and quantities,or for substantiating instructions for installation or ▪' • . t of �• `� ms,all of which remain the responsibility of the Contractor as required by the - ,• -ct's review of the Contractor's submittals shall not relieve the Contractor of the . ,3.5,and 3.12.The Architect's review shall not constitute approval of safety .. means,methods,techniques,sequences,or procedures.The Architect's approval of • • fi.: . • ••proval of an assembly of which the item is a component. ..x Th. - Change Orders and Construction Change Directives,and may order minor changes • ri. t W irk pia - •on 7.4.The Architect will investigate and make determinations and recommendations _ • • .' conditions as provided in Section 3.7.4. so- '.ct inspections to determine the date or dates of Substantial Completion and the date of foga .nx +' cates of Substantial Completion pursuant to Section 9.8;receive and forward to the ew and records,written warranties and related documents required by the Contract and b}�,lte. ursuant to Section 9.10;and issue a final Certificate for Payment pursuant to s .er and • . • the Architect will provide one or more Project representatives to assist in 's • ittes at the site.The Owner shall notify the Contractor of any change in the :Ales,r�" ` ' -•cfii'nitations of authority of the Project representatives. ' ' itect ' decide matters concerning performance under,and requirements of,the of either the Owner or Contractor.The Architect's response to such requests will be ma.ewin writing within any time limits agreed upon or otherwise with reasonable promptness. §4.2.12 In • ,, •ns of the Architect will be consistent with the intent of,and reasonably inferable fiau,the Contract ; will be in writing or in the form of drawings.When making such interpretations and dec'. ., the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show sal' _ ` will not be liable for results of interpretations or decisions rendered in good faith. . 13 The "--decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. -ct will review and respond to requests for information about the Contract Documents.The - to such requests will be made in writing within any time limits agreed upon or otherwise with + ess.If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications . requests for information. AIA Document A201 a—2017.Copyright C 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The !nit- American Institute of Architects.All rights reserved.WARNING:This AIAt'Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA1D Document,or any portion of it,may result in severe civil and criminal penalties,and will be 20 prosecuted to the maximum extent possible under the law.This document was produced by AlA 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) f' ARTICLE 5 SUBCONTRACTORS ,.�5.1!,(nitions ktc4° ubcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the _-.-r,,, 1'�} s ,e site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number .r..' . _`:. `. a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor"does not ; includeal Separate Contractor or the subcontractors of a Separate Contractor. --- tit/A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform 3 rtion of the Work e site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if =, ar m n> pber ans a Sub-subcontractor or an authorized representative of the Sub-subcontractor. p A - and Other Contracts for Portions of the Work • 1 U. • • in the Contract Documents,the Contractor,as soon as practicable after award of the �"�•• : �' ••• 1 •,.er and Architect of the persons or entities proposed for each principal portion of the 1k, o to furnish materials or equipment fabricated to a special design.Within 14 days of •. -r • Y • . • •tect may notify the Contractor whether the Owner or the Architect(1)has �h• •� • proposed or entityor(2)requires additional time for review.Failure of the r 7 person W.411• the 14-day period shall constitute notice of no reasonable objection. ri' �.. ' .* :.' y1• e ,�. ,,••t contract with a proposed person or entity to whom the Owner or Architect has made rt • ,;i •e 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 '•4` ' . to whom the Owner or Architect has no reasonable objection. If the proposed but ' J k • .ly capable of performing the Work,the Contract Sum and Contract Time shall be 4q �, ,. . � mac; �:. • h a%:, ' in ' ••- ce,if any,occasioned by such change,and an appropriate Change Order shall be 4* ss':', „. `•; � ••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 n .4 t subsf4 Subcontractor,person,or entity for one previously selected if the Owner or ja%i)jfillfirch substitution. -311014 6 1111llrions efeippropialkillika iigcelisnent,the Contractor shall require each Subcontractor,to the extent of the Work to be by t 1ibcontraaapir.,alo be bound to the Contractor by terms of the Contract Documents,and to assume towatilleCattractor all ila, �. • and responsibilities,including the responsibility for safety of the bcbiilliada a Wellk1thai F • or,by these Contract Documents,assumes toward the Owner and Architect. ubcontract agreement shah'preserve and protect the rights of the Owner and Architect under the Contract Dnts -ti' " ork to be performed by the Subcontractor so that subcontracting thereof will not prejudice stein w to the Subcontractor,unless specifically provided otherwise in the subcontract agiiiiikient,the bene ' • ,remedies,and redress against the Contractor that the Contractor,by the Contract Documal i,Runst' 'owner.Where appropriate,the Contractor shall require each Subcontractor to enter into filimilar alpoPiiiiinith Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor, k ,;prior to the the subcontract agreement,copies of the Contract Documents to which the Subcontractor will -:;.--;'-, be bound,ant _' en request of the Subcontractor,identify to the Subcontractor terms and conditions of the L .. proposed subcontract agreement that may be at variance with the Contract Documents.Subcontractors will similarly •'. 3 . ,,, applicable portions of such documents available to their respective proposed Sub-subcontractors. : *�— '•nment of Subcontracts -,. 1,r ntract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that 'i . i,. gnment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. Init. AIA Document A201 TM—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 AIAe Document is protected by U.S.Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this Alike 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 AlA 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) , „ Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and " under the subcontract. 4 1 - •n such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's • • :;on shall be equitably adjusted for increases in cost resulting from the suspension. -� t. ." = Upon assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a { 4.a 4 -.sor contractor. _l er entity.If the Owner assigns the subcontract to a successor contractor or other entity,the ,er shall erthe • .,ain legally responsible for all of the successor contractor's obligations under the xt * LE : ,•-�( F 1� BY OWNER OR BY SEPARATE CONTRACTORS i ;'if,'''' • , .'77 LConstruction and to Award Separate Contracts . 1 e • •ctor(s)"shall mean other contractors retained by the Owner under separate a i r .., the right to perform construction or operations related to the Project with the • o ,: -- . ,, '� parate Contractors retained under Conditions of the Contract substantially similar to those provisionsof the Conditions of the Contract related o �_ I d to insurance and waiver of ', awarded for different portions of the Project or other construction or operations on '` , •, 2 ''.• . e Contract Documents in each case shall mean the Contractor who executes each 0f •G," tic., :.N. .�. ,rent. ' ' e • e for coordination of the activities of the Owner's own forces and of each Separate ± ' :s.Co • ii • � z: tLContractor,who shall cooperate with them.The Contractor shall participate with any •' -'ri •,.''- °'. d** rner in reviewing their construction schedules.The Contractor shall make any , `"` ` av "•M' .'edule deemed necessary after a joint review and mutual agreement The construction k,i;': �Y 1 gr ,y the schedules to be used by the Contractor,Separate Contractors,and the Owner until ; ,, 41 t`. ded in tbeContract Documents,when the Owner performs construction or operations ed to, the O1 er's4�wri forces or with Separate Contractors,the Owner or its Separate Contractors iiiNltl Lillri l izfiacne oTgations smelts that the Contractor has under the Conditions of the Contract, including, "c 1th •'o i�Jt`e ,those-sialea in Article 3,this Article 6,and Articles I0, 11,and 12. Ribility ; 6 ..Cogractors Owner and Separate Contractors reasonable opportunity for introduction and an exo- '°'` itatdtlis' `t and performance of their activities,and shall connect and coordinate the ctor s construction and operations with theirs as required by the Contract Documents- ,-. M % r.... ,: -4.1-f. . §6.22 If pattef the ` ` ' 'Work depends for proper execution or results upon construction or operations by the Ow or a Separate' >+` Owlet'''. fire Contractor shall,prior to proceeding with that portion of the Work,promptly potify tl .&l nt of appateat discrepancies or defects in the construction or operations by the Owner or Separate .--.4:::ontractilittliiiiitriiiiiklk render it unsuitable for proper execution and results of the Contractor's Work.Failure of the C utractor'.! a Architect of apparent discrepancies or defects prior to proceeding with the Work shall tOliittitute an.lidliiiiiilitigment 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 dteslIgssq ;iefects in the construction or operations by the Owner or Separate Contractor that are not apparent. . i3` or shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor r tractor's delays,improperly timed activities or defective construction. The Owner shall be '' 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. AIA Document A20-1"'—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'5 Document is protected by U.S.Copyright Law and International Treaties. 22 Unauthorized reproduction or distribution of this AIM'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.60261 53 1 5 2 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 delemillit the Contractor in Section 3.14, 34134wler's Right to Clean Up Ifadispute arises among the Contractor,Separate Contractors,and the Owner as to the responsibility under their lve contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the `"' OiNner may clean up and the Architect will allocate the cost among those responsible. CLE 7 WANGE, I{E WORK F ,-, t. i 4 1 C. may be accomplished after execution of the Contract,and without invalidating the .4:': • ti ••_` • ,Construction Change Directive or order for a minor change in the Work,subject to the �' o e 7 and elsewhere in the Contract Documents. , ,• ' f„. ent among tor,and tect.A Construction 4 Y 2 upone Owner and Architect Owner, d may oromaynot be agreedrto by the Contractor. j 1� '' f the Work may be issued by the Architect alone. .41, .r 1 be performed under applicable provisions of the Contract Documents.The• with changes in the Work,unless otherwise provided in the Change Order, - �'1"�`•-•. order for a minor change in the Work. •,; ram- '14. :;,• .` 'C •-x a .• . instrument prepared by the Architect and signed by the Owner,Contractor,and upon all of the following: , Work; 4 f ••e adjustment,if any,in the Contract Sum;and . L. 'X ••e adjustment,if any,in the Contract Time. c's �i tee,' .rt ., es17.}1tAto � a D' .. -is a written order prepared by the Architect and signed by the Owner and t Adritect; :e in _•prior to agreement on adjustment,if any,in the Contract Sum or Contract ei` e Ci rner may ction Change Directive,without invalidating the Contract,order changes in 6 • r •:"` e Contract consisting of additions,deletions,or other revisions,the Contract f` 4 _ad' • -d accordingly. ! '. ` • s` ction M. .'`hall be used in the absence of total agreement on the terms of a Change i• ,srXsti>..,;. • it; ' p n 4: i73311fth` _e Directive provides for an adjustment to the Contract Sum,the adjustment shall be based ono .1 M . , '`:f a lump sum properly itemized and supported by sufficient substantiating data to it e ev; fit on; t . 2-= Oces stated in the Contract Documents or subsequently agreed upon; t. 3 - 11ee determined in a manner agreed upon by the parties and a mutually acceptable fixed or ;Il-1-p$L a fee;or .4 As provided in Section 7.3.4. 47 1 haal ractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, Ire Apdhirmetsimid determine the adjustment on the basis of reasonable expenditures and savings of those performing e Wi kalliillilable to the change,including,in case of an increase in the Contract Sum,an amount for overhead and peoa!'illlaleftIitiin 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 DocumentA201's-2017.Copyright0 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. 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 extant 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 Costs of labor,including applicable payroll taxes,fringe benefits required by agreement or custom, j workers'compensation insurance,and other employee costs approved by the Architect; _ _ t .' ' Costs of materials,supplies,and equipment,including cost of transportation,whether incorporated or tfii consumed; H -V•Agf-,k,1 • Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; r. , .4 Costs of premiums for all bonds and insurance,permit fees,and sales,use,or similar taxes,directly .0,i t %„ related to the change;and .5 Costs ot!lppervision and field office personnel directly attributable to the change. ? .5 If th `t ,tracit[itagrees with the adjustment in the Contract Time,the Contractor may make a CIaim in aoohrdan - app‘k1b3 provisions of Article 15. * 6 U " •nstruction Change Directive,the Contractor shall promptly proceed with the change in the • chitect of the Contractor's agreement or disagreement with the method,if any, • ^,ange Directive for determining the proposed adjustment in the Contract Sum or h• 9C § r I .. •ti1 -—Directive signed by the Contractor indicates the Contractor's agreement therewith, ' ` .' e : Sum and Contract Time or the method for determining them.Such agreement shall be'- be recorded as a Change Order. '< ..F it 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 1 lions are involved in a change,the allowance for overhead and profit shall be figured n•, • .- , ,with respect to that change. •5= edb " • "'' on of the total cost of a Construction Change Directive to the Owner,the Contractor ;•., t u, Mork completed under the Construction Change Directive in Applications for Payment.The '�` - m determination for purposes of monthly certification for payment for those costs and t •�a• fheaptottttt that the Architect determines,in the Architect's professional judgment,to be ressmilr ,> �" `'T Architect's interim determination of cost shall adjust the Contract Sum on the same basis as afilnE. °` .'-ntillientio the righttititiliier party to disagree and assert a Claim in accordance with Article 15. vW §7 31� :. . - and Contractor agree with a determination made by the Architect concerning the adjustments ' ,- . Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be in • o' and „ will prepare a Change Order.Change Orders may be issued for all or any part 4 ••. Chang • ;. fltiViit:or PI . !eislit the Work hi ay,. changes in the Work that are consistent with the intent of the Contract Documents and do not invoMan inlinlioinniailke Contract Sum or an extension of the Contract Time.The Architect's order for minorchanges shall be inwrrtfi,lithe Contractor believes that the proposed minor change in the Work will affect the Contract•`•' ...contract Time,the Contractor shall notify the Architect and shall not proceed to implement the change iiii‘t If the Contractor performs the Work set forth in the Architect's order for a minor change without pear noti:': .,,,,i* ,.ect that such change will affect the Contract Sum or Contract Time,the Contractor waives any atrastment . t t Sum or extension of the Contract Time. se provided,Contract Time is the period of time,including authorized adjustments,allotted in • ents for Substantial Completion of the Work. §8.12 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. AIA Document A201 T"—2017.Copyright C 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970 1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA"'Document is protected by U.S.Copyright Law and International Treaties. 24 Unauthorized reproduction or distribution of this AMA.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.60261 531 5 2 which expires on 07/10/2019,and is not for resale. User Notes: (1130578266) i §8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically . rtr ._ r . i ., and Completion 4- ' a limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement, • .ctor confirms that the Contract Time is a reasonable period for performing the Work. '� - The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,commence the ;z, -- . x, ' prior to the eff- e date of insurance required to be furnished by the Contractor and Owner. The 1 ,<5'.3 me; : • proceed expeditiously with adequate forces and shall achieve Substantial Completion r): n the a ' i Time ' 1 ed at any time in the commencement or progress of the Work by(1)an actor neglect of , ti' • 1 •ployee of either,or of a Separate Contractor;(2)by changes ordered in the Work;(3) • 'clay in deliveries,unavoidable casualties,adverse weather conditions documented in ��, �� ,4 , ..2,or other causes beyond the Contractor's control;(4)by delay authorized by the f, � : `; .finding dispute resolution;or(5)by other causes that the Contractor asserts,and the d 'II' • lay,then the Contract Time shall be extended for such reasonable time as the Architect :'-'Y `? ' - 4 be made in accordance with applicable provisions of Article 15. ' . ••t preclude recovery of damages for delay by either party under other provisions of the a PLETION a'rc stated in the Agreement and,including authorized adjustments,is the total amount payable te•••• , ` " • • r for performance of the Work under the Contract Documents. ''k ff' in. `: Documents or subsequently agreed upon,and if quantities originally .. in•r a ll y -it that application of such unit prices to the actual quantities causes substantial n the applicable unit prices shall be equitably adjusted. • .,. „. a ' is b: �'d sum or Guaranteed Maximum Price,the Contractor shall submit a .re the first Application for Payment,allocating the entire Contract Sum to the •,art' 3 pothons of a Work. . schedule of values shall be prepared in the form, and supported by the data to . ,;::-.;ale d by the Architect.This schedule,unless objected to by the Architect,shall be used as a basis for • • '" "�: •r's Applications for Payment.Any changes to the schedule of values shall be sited to the • ..rted by such data to substantiate its accuracy as the Architect may require,and . ess. ._,x „ - the I`a; ect,shall be used as a basis for reviewing the Contractor's subsequent Applications for ,itt. ..end ' , :, . I f-a'9 3 ' .. App - §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the ed Application for Payment prepared in accordance with the schedule of values,if required under ^ liilimpleted portions of the Work.The application shall be notarized,if required,and supported by all • the Contractor's right to payment that the Owner or Architect require,such as copies of leases and waivers of liens from Subcontractors and suppliers,and shall reflect retainage if ....." <,• 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. ALA Document A201TM-2017.Copyright01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architec s.AN rights reserved.WARNING:This AIA5 Document Is protected by U.S.Copyright Law and International Treaties. 25 / Unauthorized reproduction or distribution of this AIA5 Document,or any portion of it,may result in severe civil and criminal penalties,and will be Putted to the maximum extant possible under the law.This document was produced by AIA software at 19:23'04 on 07/09/2018 under Order No.6026 1 53 1 52 which expires on 07/10/2019,and is not for resale. User Notes: (1130578266) §9 3 1.24pplications for Payment shall not include requests for payment for portions of the Work for which the ' • 'x does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others whom '1` '1.: A '' .r intends to pay. §.9.3.2.Llnless otherwise provided in the Contract Documents,payments shall be made on account of materials and rg #ent delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance •-•1;•-1,x lofilk Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location z -Awed upon in wri'' ':yment for materials and equipment stored on or off the site shall be conditioned upon pliance . e Co. ..r with procedures satisfactory to the Owner to establish the Owner's title to such materials • s;iid equip. ,r o.. protect the Owner's interest,and shall include the costs of applicable insurance,storage, odtransp n to ,for such materials and equipment stored off the site_ . ' f .3 • .• :• that title to all Work covered by an Application for Payment will pass to the Owner no [ 1 • th• •• The Contractor further warrants that upon submittal of an Application for Payment all !' • ' 2?'. b : Payment have been previously issued and payments received from the Owner shall,to dirt. .ts_�: ledge,information,and belief,be free and clear of liens,claims,security interests,or etc • . •;, ,i ontractor,Subcontractors,suppliers,or other persons or entities that provided labor, • ' m, :.. , g to the Work. ++ seven days after receipt of the Contractor's Application for Payment,either(1)issue •�q,,l ie R " •- . ent in the full amount of the Application for Payment,with a copy to the •. �t' P,'. •• r er a Certificate for Payment for such amount as the Architect determines is properly I f: e •o ., d Owner of the Architect's reasons for withholding certification in part as provided in `' . , .ram - . • d‘srtification of the entire Application for Payment,and notify the Contractor and Owner • fix. iDf � af# �'••forlrighholding certification in whole as provided in Section 9.5.1. § Q -fixate for Payment will constitute a representation by the Architect to the Owner,based ▪ i •:n of the Work and the data in the Application for Payment,that,to the best of the 4. `'" vy •ation,and belief,the Work has progressed to the point indicated,the quality of the a -. . e Co. rocuments,and that the Contractor is entitled to payment in the amount oc `ied.- f `prese• - subject to an evaluation of the Work for conformance with the Contract ,t a . -••. Substantial ,to results of subsequent tests and inspections,to correction of minor `'` k '1evi•• ' o • ' r,•is prior to completion,and to specific qualifications expressed by the Architect. t� . - • .f_ .ficate for Payment will not be a representation that the Architect has(1)made `.. .r' rRmuous on4k:i ions to check the quality or quantity of the Work;(2)reviewed construction memo; techniq tto... a4a _or procedures;(3)reviewed copies of requisitions received from ' •lieti� data requested by the Owner to substantiate the Contractor's right to payment; Sgbcoill m'. or, exam-. ,;on to ascertain how or for what purpose the Contractor has used money previously paid on of tl�Co. §93pecisions to • -. . motion - ,-:§9.5.1 r = • may hold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect . - the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be 000de If. ' unable to certify payment in the amount of the Application,the Architect will notify the ` 'retractor .. a '. 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 o the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently ce,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as }ram,, ' •P' ' '' in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, + -• ling from acts and omissions described in Section 3.3.2,because of ,=;, . .�'ective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims,unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,materials or equipment; AIA Document A201^"—2017.Copyright 4�1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.AN rights reserved.WARNING:This AIAs 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 26 / prosecuted to the maximum extant possible under the law.This document was produced by AlA 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; ;'£ 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 '':i repeated failure to carry out the Work in accordance with the Contract Documents. When either:� party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1,in snliste or in part,that party may submit a Claim in accordance with Article 15. ' �4V r 111,53 Whet a -: �;, •r withholding certification are removed,certification will be made for amounts previously 4; wl held. -r. .. f �,. ;�l.5 4 If•-. < "olds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, �" -. -t1rfF jo r ' or and to any Subcontractor or supplier to whom the Contractor failed to make + + r ., ormed or material or equipment suitably delivered.If the Owner makes payments by 5 y Y ' ' the Architect and the Contractor shall reflect such payment on its next Application 13. ��`{�,�, 'Tr Jr.y issued a Certificate for Payment,the Owner shall make payment in the manner and y , 4 mo r e .ntract Documents,and shall so notify the Architect. 1l12 -a r c_ •,,; h Subcontractor,no later than seven days after receipt of payment from the Owner, idamou fo • . : Sr is entitled,reflecting percentages actually retained from payments to the { CAnilr• -•. ,,:ubcontractor's portion of the Work.The Contractor shall,by appropriate agreement wits -. each Subcontractor to make payments to Sub-subcontractors in a similar manner. ,.{.�yi 4 '+�v ,, §G eifibct '` :-.uest,furnish to a Subcontractor,if practicable,information regarding percentages of ( , , ` 's for by the Contractor and action taken thereon by the Architect and Owner on account ° ofAl e .r e by such Subcontractor. 1 a ' rt to written evidence from the Contractor that the Contractor has properly paid f �••. • • • " - -, i rr by the Owner to the Contractor for subcontracted Work.If the Contractor ., 4.' y •eevidence _,, . days,the Owner shall have the right to contact Subcontractors and y - . * � �. e been properly paid.Neither the Owner nor Architect shall have an obligation ,' 4 1w. o . "" it of money to,a Subcontractor or supplier,except as may otherwise be required by law. r r Y./ • • 's ' 'hers shall be treated in a manner similar to that provided in Sections 9.6.2, s ! s • A Ce. . '' a progress payment,or partial or entire use or occupancy of the Project by the Owner if I shall not coviiiitute' .."' '`bM`, ' ork not in accordance with the Contract Documents. *: 19.61 tio,,foleContracttit provides the Owner with a payment bond in the full penal sum of the Contract Sum, ''piyrnene Contractor for Work properly performed by Subcontractors or provided by suppliers shall be laid by thi, r those Subcontractors or suppliers who performed Work or furnished materials,or both, biller contract{T Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor,create any fiduciary kiallaiiityorlostiiability on the part of the Contractor for breach of trust,or entitle any person or entity to an award of lr!c1 against the Contractor for breach of the requirements of this provision. I*1$1 the Owner has fulfilled its payment obligations under the Contract Documents,the Contractor shall dieratitaiitioitomfy the Owner from all loss,liability,damage or expense,including reasonable attomey'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 hen or other claim for payment has been asserted. Init. AIA Document A201 T.r—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.AN rights reserved.WARNING:This MA4 Document Is protected by U.S.Copyright Law and International Treaties. 27 Unauthorized reproduction or distribution of this AIA5 Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 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) _ ,_re of Payment l µ: • - " 'tent does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after ,R�., ,k`'> #�k,": a Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days ¢ �& it - established in the Contract Documents,the amount certified by the Architect or awarded by binding a* -..lution,then the Contractor may,upon seven additional days'notice to the Owner and Architect,stop the t ` , •.til payment of the amount owing has been received.The Contract Time shall be extended appropriately and A °'t=. p .ntract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay/and '4,• -up,plus interest • .rovided for in the Contract Documents. y;y li = • Su..... -kr C on is the stage in the progress of the Work when the Work or designated portion thereof is r� � ,��.1 Su. k •men • ,1 " -.rdance with the Contract Documents so that the Owner can occupy or utilize the Work for .ten Y', .t .2 e iders that the Work,or a portion thereof which the Owner agrees to accept separately, a t . , t•ntractor shall prepare and submit to the Architect a comprehensive list of items to be .. . ` .nal payment.Failure to include an item on such list does not alter the responsibility of :.:. a --. ork in accordance with the Contract Documents. or *I i,_ t .• i. or's Iist,the Architect will make an inspection to determine whether the Work or a 7 ..tially complete,If the Architect's inspection discloses any item,whether or not ,; °' '�`'`, `� . which is not sufficiently complete in accordance with the Contract Documents so *'"the O1101 ;hze the Work or designated portion thereof for its intended use,the Contractor shall, '" `:-..e of Substantial Completion,complete or correct such item upon notification by the s c•<. 1 t, • or shall then submit a request for another inspection by the Architect to determine Y § ,he #aignated portion thereof is substantially complete,the Architect will prepare a Certificate �' that shall establish the date of Substantial Completion;establish responsibilities of the • nS11i1 P P t Contt Ca of ll rity,maintenance,heat,utilities,damage to the Work and insurance;and fix the time .:chi hall full items on the list accompanying the Certificate. Warranties required by the €:4' commoliii0 ie date of Substantial Completion of the Work or designated portion thereof ss l{l rovided in thiflitate of Substantial Completion. . �t' .. of Substantial Completion shall be submitted to the Owner and Contractor for their written of timbonsibilites.Mmimmito them in the Certificate. Upon such acceptance,and consent of surety if any, theQlil `t 4make payaiMl6 Ipty6ilioilge applying to the Work or designated portion thereof Such payment shall be ibustej iir'tllilltts ii r not in accordance with the requirements of the Contract Documents. slrtial su -, §9 91 The Olin' ertl. Mt use any completed or partially completed portion of the Work at any stage when sudii[portion is desigt *pmate agreement with the Contractor,provided such occupancy or use is consented to - ..,;by the iteml Yrd.,authorized by public authorities having jurisdiction over the Project.Such partial occupancy or use may co iwlmier or not the portion is substantially complete,provided the Owner and Contractor have Micepted i`k • aesponsibilities assigned to each of them for payments,retainage,if any,security,maintenance, ttUef,utilitieOtiMpolkite 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 ly complete,the Contractor shall prepare and submit a list to the Architect as provided under -e ent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of - Work shall be determined by written agreement between the Owner and Contractor or,if no j ed,by decision of the Architect. §+9.92 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. ALA DocentA201' —2017.Copyrights 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The \- um Init. American Institute of Architects.All rights reserved.WARNING:This AIAI,Document is protected by U.S-Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A/A"'Document,or any portion of It,may result in severe civil and criminal penalties,and will be 28 / 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) j §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute -1.1. • e of Work not complying with the requirements of the Contract Documents. Completion and Final Payment s ,t .•n receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon a final Application for Payment,the Architect will promptly make such inspection.When the Architect finds 1 :.L ~R a acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly �� a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and -.qt.. o 4he basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with the tract Dooanents •= the entire balance found to be due the Contractor and noted in the final Certificate is due ifr:' #its4L''' —.i PaYabI - ' ' s final Certificate for Payment will constitute a further representation that conditions listed vect -on as .' t to the Contractor's being entitled to final payment have been fulfilled. 0.2 nor any remaining retained percentage shall become due until the Contractor submits to payrolls,bills for materials and equipment,and other indebtedness connected with nt k ; ' , a� •r the Owner's property might be responsible or encumbered(less amounts withheld I '- •erwise satisfied,(2)a certificate evidencing that insurance required by the Contract y , ' • • .; ' r final payment is currently in effect,(3)a written statement that the Contractor '=.ce will not be renewable to cover the period required by the Contract Documents, '.•,- "1 • final payment,(5)documentation of any special warranties,such as manufacturers' .' .or warranties,and(6)if required by the Owner,other data establishing payment or ' receipts and releases and waivers of liens,claims,security interests,or •• ontract,to the extent and in such form as may be designated by the Owner.If a av �i� a release or waiver required by the Owner,the Contractor may furnish a bond h II.. 0111 • • the Owner against such lien,claim,security interest,or encumbrance.If a lien, . Vti • trance remains unsatisfied after payments are made,the Contractor shall refund to d I 'Cr may be compelled to pay in discharging the lien,claim,security interest,or e' - •�• : and reasonable attorneys'fees. Completion of the Work,final completion thereof is materially delayed through no fault of sa 'X•,-"•; •f Change Orders affecting final completion,and the Architect so confirms,the Owner ti - Contractor; d certification by the Architect,and without terminating the Contract, •ce '•ortion of the Work fully completed,corrected,and accepted.If the 'l '' '• ork • pleted or corrected is less than retainage stipulated in the Contract ' " +•'• have 'r..•. ished,the written consent of the surety to payment of the balance due for that olit „.„pleted and accepted shall be submitted by the Contractor to the Architect prior to =fE• 0 m;.PaY nent shall be made under terms and conditions governing final payment, ex: . 1 not co . of Claims. w y,, t1 .4me-Making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 •. M li ' _ interests,or encumbrances arisingout of the Contract and unsettled; n .2 `comply with the requirements of the Contract Documents; .3 terms . ties required by the Contract Documents;or _ _�� • • o'ii ed by the Owner,if permitted by the Contract Documents,after final payment. 3L10.5 A.- final payment by the Contractor,a Subcontractor,or a supplier,shall constitute a waiver of ins by th -. .t those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. -t; _ - CTION OF PERSONS AND PROPERTY utions and Programs be responsible for initiating,maintaining,and supervising all safety precautions and programs in •• .. a performance of the Contract. §102 Safely of Persona and Property §102.1 The Contractor chill take reasonable precautions for safety of and shall provide reasonable protection to prevent damage,injury,or loss to \ _ In it AIA Document A201Te-2017.Copyright 42 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017byThe American Institute of Architects.All rights reserved.WARNING:This AIM'Document is protected by U.S.Copyright Law and International Treaties. 29 / 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 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 Note: (1130578266) .1 employees on the Work and other persons who may be affected thereby; j .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 ,, ,. *� . 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. s � ': 3.2 The Contractor shall comply with,and give notices required by applicable laws,statutes,ordinances,codes, ,, s and regulations, lawful orders of public authorities,bearing on safety of persons or property or their ection frig dam jury,or loss. i .2.3 . 1 implement,erect,and maintain,as required by existing conditions and performance of c'''• * Con. . •• '•eguards for safety and protection,including posting danger signs and other warnings : iimst ,,- p .:,,,,_ :•• safety regulations;and notifying the owners and users of adjacent sites and utilities of 1.2.4 wee losives or other hazardous materials or equipment,or unusual methods are - x, •t . Vork,the Contractor shall exercise utmost care and carry on such activities under Iii;';',•,;' 4 ,:::::',-•. 4personnel. .ptly remedy damage and loss(other than damage or loss insured under property • <hk� :; Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in 4 x- a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by o ill- • .. '.ose acts they may be liable and for which the Contractor is responsible under • ' 'Joe? fi, „•.The Contractor may make a Claim for the cost to remedy the damage or loss to the ' -- . ' •. - . •butable to acts or omissions of the Owner or Architect or anyone directly or p em,or by anyone for whose acts either of them may be liable,and not attributable to _ • : ' -•nttactor.The foregoing obligations of the Contractor are in addition to the " '._-•- ,... In er Section 3.18. g,!::. , _ ` -signate a responsible member of the Contractor's organization at the site whose duty be, - 'afocidents.Th4person shall be the Contractor's superintendent unless otherwise designated `'rr(,be Ce1Iifif beiilll ig to •• I -and Architect. j* �` - '` x -. : n. - it any part of the construction or site to be loaded so as to cause damage or create ererrt. Ilr Y 1 _ e�jury '.'- to person or property because of an act or omission of the other party,or of iarlrers for .ose acts such party is legally responsible,notice of the injury or damage,whether or not insured,shall be ' flethe er• ". , _ ; reasonable time not exceeding 21 days after discovery.The notice shall provide 14 sufficient d1111111 to' party to investigate the matter. • ; j 10.3 _. iltiferiats and Substances t0.3i.1 '` - •'- • is responsible for compliance with any requirements included in the Contract Documents ing r '-rials or substances.If the Contractor encounters a hazardous material or substance not ssed in'�e s 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 isliphenyl(PCB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the n _x"' •.ately stop Work in the affected area and notify the Owner and Architect of the condition. f receipt of the Contractor's notice,the Owner shall obtain the services of a licensed laboratory to verify ,;, ,� _ sence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to cause it to be rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance.The Contractor and the Architect will AIA Document A201'•—2017.Co pyrightm 1911,1915,1918,1925,1937,1951,1958,1961,1963,i966,1970,1976,1987,1997,2007 and 2017 by The nit American Institute of Architects.All rights reserved.WARNING:This AIA5 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 1923:04 on 07/09/2018 under Order No 6026 1 531 52 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 ••.•• 71. by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the t '* - Owner,shall propose another to whom the Contractor and the Architect have no reasonable objection. material or substance has been rendered harmless,Work in the affected area shall resume upon written - • of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the •- Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown,delay,and •.3.3 To the fullest a1 t permitted by law,the Owner shall indemnify and hold harmless the Contractor, ' - •ntret a , ' I' • « -tect's consultants,and agents and employees of any of them from and against claims, --x. • ages,1. ' and ." s,including but not limited to attorneys'fees,arising out of or resulting from *-0 ormang a the affected area if in fact the material or substance presents the risk of bodily injury or 11 as • 1 '.n 103.1 and has not been rendered harmless,provided that such claim,damage,loss,or t= 1 -s •• injury,sickness,disease or death,or to injury to or destruction of tangible property k f I pt to the extent that such damage,loss,or expense is due to the fault or negligence of 'F I l 11 1h- ` I • -• responsible under this Section 10.3 for hazardous materials or substances the e • ess such materials or substances are required by the Contract Documents.The Owner • ••us materials or substances required by the Contract Documents,except to the extent of • - • e in the use and handling of such materials or substances. k kSCli 6,. 'itiQ' ru • .burse the Owner for the cost and expense the Owner incurs(I)for remediation of tot I •oils"I • the Contractor brings to the site and negligently handles,or(2)where the 1 :•r "obligations under Section 10.3.1,except to the extent that the cost and expense are due 1 ... '''''• -• 1n 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 1 er shall reimburse the Contractor for all cost and expense thereby incurred. R h its 11 - , _-safetletsis or property,the Contractor shall act,at the Contractor's discretion,to e •r41 age,inj> Ioss,Additional compensation or extension of time claimed by the Contractor on 1 co " ' .shall bellieterrnined as provided in Article 15 and Article 7. 4 s • s I • :1 d maintain insurance of the types and limits of liability,containing the • is- 1 I.,and I. ect to the terms and conditions,as described in the Agreement or elsewhere in the Contract its-The 1 purchase and maintain the required insurance from an insurance company or '* , insurance - carp ; itMtiorized to issue insurance in the jurisdiction where the Project is located.The Ot1i1t,Archi *x; tom, .' ',consultants shall be named as additional insureds wader the Contractor's •mmerteart liab i •'policy or as otherwise described in the Contract Documents. ' ::a ale ... - -1-2 b1: provide surety bonds of the types,for such penal sums,and subject to such terms and 'lions :•fir . the Contract Documents-The Contractor shall purchase and maintain the required bonds 411=` from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is '' " equest of any person or entity appearing to be a potential beneficiary of bonds covering payment of i•i under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a ,d rP , '� ed. §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. AlA Document A201T'-2017.Copyright 1911,1915,1918,1925,1937,1951,1956,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved-WARNING:This AIA%Document Is protected by U.S.Copyright Law and International Treaties. 31 / Unauthorized reproduction or distribution of this AIR,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.60261 53 1 52 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 ...• '.n of the Owner,have the right to stop the Work until the lapse in coverage has been cured by the , nt of replacement coverage by the Contractor.The furnishing of notice by the Contractor shall not relieve or of any contractual obligation to provide any required coverage, §11 Milers Insurance $The Owner shall purchase and maintain insurance of the types and limits of liability,containing the ments,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract - uments.The Own• •all purchase and maintain the required insurance from an insurance company or insurance panics lailitfully : ; -• to issue insurance in the jurisdiction where the Project is located. .2.2 Faille* 'squired Property Insurance.If the Owner fails to purchase and maintain the required 'Paterty illillince, . of the coverages and in the amounts described in the Agreement or elsewhere in the (tract ON"iseenalt:' , a er shall inform the Contractor in writing prior to commencement of the Work.Upon t°apt oirpe1, • r,the Contractor may delay commencement of the Work and may obtain insurance : `, ' -` • '� �• e Contractor,Subcontractors,and Sub-Subcontractors in the Work.When the failure {, . . • d or resolved,the Contract Sum and Contract Time shall be equitably adjusted.In f ' e • a • coverage,the Owner waives all rights against the Contractor,Subcontractors,and _ - the loss to the Owner would have been covered by the insurance to have been .F V` - r `•st of the insurance shall be charged to the Owner by a Change Order.If the Owner does x irk ••.Ilse Contractor is damaged by the failure or neglect of the Owner to purchase or :04^ y t, ;•'''''.--- Auibt • .the Owner shall reimburse the Contractor for all reasonable costs and damages 4:.:.#• tie •.. _ t . k 1 `11111r, .. . Expiration of Owner's Required Property Insurance.Within three(3)business days of e ' of an impending or actual cancellation or expiration of any property insurance '*- -• . , r Its,the Owner shall provide notice to the Contractor of such impending or actual • Ic: • o `.a -r' ss the lapse in coverage arises from an act or omission of the Contractor.(1)the ii",;..y; eon, _ -: • ice from the Owner,shall have the right to stop the Work until the lapse in coverage has .:, ems_ ,'. + ed by je 1' . ent of replacement coverage by either the Owner or the Contractor;(2)the Contract Time AMMOISIact Sum ' :.ly adjusted;and(3)the Owner waives all rights against the Contractor, ' . . . ' •ntractgrz,io,the extent any loss to the Owner would have been covered by the insurance r n. r .. .ce ', Contractor purchases replacement coverage,the cost of the insurance shall Y • a`"-•er by an " " 'fie Change Order.The furnishing of notice by the Owner shall not relieve the e• . "ii:_ o h_- . •. provide required insurance. 't'1cpwner and waive all rights against(1)each other and any of their subcontractors, b-sa4aoelisabrs,i ts;4110 aspic gees,each of the other;(2)the Architect and Architect's consultants;and(3) dontractors,if an ,and any of their subcontractors,sub-subcontractors,agents,and employees,for damages .y fi ,0.or.y ,`,, .,f loss,to the extent those losses are covered by property insurance required by the ce applicable to the Project,except such rights as have to proceeds of such Agreement�koth=': j Pthey i nin ce.The Own '' : ,as appropriate,shall require similar written waivers in favor of the individuals '`"n entiarai sair d:•a a am the Architect,Architect's consultants,Separate Contractors,subcontractors,and yb-subo !milli . e policies of insurance purchased and maintained by each person or entity agreeing to waive rims pur tl atha ection I 1.3.1 shall not prohibit this waiver of subrogation.This waiver of subrogation shall be ;motive as tesperaalllrer 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, : ovnot the person or entity had an insurable interest in the damaged property. r, 0''{ * ' •e Project construction period the Owner insures properties,real or personal or both,at or adjacent insurance under policies separate from those insuring the Project,or if after final payment P 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 A201TM-2017.CopyrightC 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 AIAo,Document is protected by U.S.Copyright Law and International Treaties, 32 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 1923'04 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 a l er,at the Owner's option,may purchase and maintain insurance that will protect the Owner against loss of , t Owner's property,or the inability to conduct normal operations,due to fire or other causes of loss_The .'yes all rig hts of action against the Contractor and Architect for loss of use of the Owner's property,due to ,... r hazards however caused. ;4 justment and Settlement of Insured Loss ° ° ` 16,1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as ttciary and made pale to the Owner as fiduciary for the insureds,as their interests may appear,subject to " ° 'Idlililuirementsfef any le mortgagee clause and of Section 11.5.2.The Owner shall pay the Architect and Pr r, tractor*just `'t f insurance proceeds received by the Owner,and by appropriate agreements the Architect Contratglitilizall yments to their consultants and Subcontractors in similar manner. ,. ,, ,,,,,.. #52 '" of an insured loss,the Owner shall notify the Contractor of the terms of the proposed 4 .,. #, l�m ar, ,, .r allocation of the insurance proceeds,The Contractor shall have 14 days from receipt ;� r „.. • settlement or allocation of the proceeds.If the Contractor does not object,the .. .� . A'• .. ,„€..„:,,''::, . e Contractor shall be bound bythe settlement and allocation.Upon receipt,the Owner fir : : P P I z - in a separate account and make the appropriate distributions.Thereafter,if no Owner does not terminate the Contract for convenience,the Owner and Contractor t " •' •`for reconstruction of the damaged or destroyed Work in the amount allocated for that 0' ',:!:--:11-4 4,,,.:„.„ ::47..,r,,,,,ii„.••,,,r.,,...„,„,. .',:.., .objects to either the terms of the proposed settlement or the allocation of the 1,4 -, to settle the insured loss,and any dispute between the Owner and Contractor arising . x ,-: , of the proceeds shall be resolved pursuant to Article 15_Pending resolution of any AIR{ 9,.. x; 1 .: onstruction Change Directive for the reconstruction of the damaged or destroyed i . CORRECTION OF WORK • ' ; a y +, �}_,, ' is covered contrary to the Architect's request or to requirements specifically expressed -,it must,if requested in writing by the Architect,be uncovered for the Architect's n and,lxslpisoEat the Contractor's expense without change in the Contract Time. 1.2 Ifs Work leas been' overed that the Architect has not specifically requested to examine prior to { ttie Architect—iegttest to see such Work and it shall be uncovered by the Contractor.If such t o 'T' with the`Flsatract Documents,the Contractor shall be entitled to an equitable adjustment to the .,. - • Time as may be appropriate.If such Work is not in accordance with the Contract of uncemiaillaphe Work,and the cost of correction,shall be at the Contractor's expense. '. °` f42,1 Substantial Completion niiCantracior shalipaitly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Dogenej before Substantial Completion and whether or not fabricated,installed or completed. Coals of correcting s Work,including additional testing and inspections,the cost of uncovering and hp l' teplacenipm,,*aompensatTon for the Architect's services and expenses made necessary thereby,shall be at the � iontractielt rt. . 2.2 Afty i Completion `I bl'` §12.22.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial };o-� ., . ,. Work or designated portion thereof or after the date for commencement of warranties established s i,or by terms of any applicable special warranty required by the Contract Documents,any of the �, s .e not in accordance with the requirements of the Contract Documents,the Contractor shall correct it -ipt of notice from the Owner to do so,unless the Owner has previously given the Contractor a r�-'�txr , ..., 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 Irllt. AIA Document A201TM-2017.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document Is protected by U.S.Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this AIM'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 07/09/201 B under Omer No.6 0261 531 52 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 i Section 2.5. §17,1=The one-year period for correction of Work shall be extended with respect to portions of Work first after Substantial Completion by the period of time between Substantial Completion and the actual r plprion of that portion of the Work. :5 2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the • retractor pursuant ti4is Section 12.2. '.y :} t2.3 Th n' remove from the site portions of the Work that are not in accordance with the � ,,. k,' rreme r the l d _t Documents and are neither corrected by the Contractor nor accepted by the Owner. i •ear the cost of correcting destroyed or damaged construction of the Owner or Separate a :r or partially completed,caused by the Contractor's correction or removal of Work that rt '•uuements of the Contract Documents. 3 1 s Section 12.2 shall be construed to establish a period of limitation with respect to � otiaelF r has under the Contract Documents.Establishment of the one-year period for =et• • in Section I2.2.2 relates only to the specific obligation of the Contractor to correct the r ." . .1 a time within which the obligation to comply with the Contract Documents may be •u iiC . ,• = •u e within which proceedings may be commenced to establish the Contractor's �Ity ...•�� .� :'•'$ tor's obligations other than specifically to correct the Work. 22x{ e • ing Work )ff thalNrer • = ork that is not in accordance with the requirements of the Contract Documents,the Ow. m4 do!ib : ' g its removal and correction,in which case the Contract Sum will be reduced as appoulpripleartibpora' } adjustment shall be effected whether or not final payment has been made. inficitta I �bUS PROVISIONS I ited by tb t of the place where the Project is located,excluding that jurisdiction's f 71 choice of k'rarti cted arbitration as the method of binding dispute resolution,the Federal 11. , ,shal.Ai l govern S k . �n. • ' 'and Coy -ctively bind themselves,their partners,successors,assigns,and legal . _ •cove and obligations contained in the Contract Documents.Except as provided in " lr .- . y '"' .tract shall assign the Contract as a whole without written consent of the other. Ater attem s to make an assignment without such consent,that party shall nevertheless remain legally stible fox all,• 'der the Contract. a rt l; §1i32.2 The Owner n ,• •nsent of the Contractor,assign the Contract to a lender providing construction gA financin $ roject,ifitie lender assumes the Owner's rights and obligations under the Contract Documents.The CjontractorsY•RtaNlePate all consents reasonably required to facilitate the assignment. §'13.3 Rights>�1 1 es §13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be is additioeio and not a limitation of duties,obligations,rights,and remedies otherwise imposed or available by Isw. 11332 Nilrticairioe or failure to act by the Owner,Architect,or Contractor shall constitute a waiver of a right or duty sforded:heiiader 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. AlA Document A201'"—2017.Copyright v 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.AN rights reserved.WARNING:This AlA5 Document is protected by U.S.Copyright Law and International Treaties. 34 Unauthorized reproduction or distribution of this AIA5 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 19:23:04 on 07/09/2018 under Order No.60261 531 5 2 which expires on 07/10/2019,and is not for resale. User Notes: (1130578266) • §13.4 Tests and Inspections 113.4.1 Tests,inspections,and approvals of portions of the Work shall be made as required by the Contract t i and by applicable laws,statutes,ordinances,codes,rules,and regulations or lawful orders ofpublic 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 ,and shall bear all related costs of tests,inspections,and approvals.The Contractor shall give the Architect • ' .otice of when and where tests and inspections are to be made so that the Architect may be present for such • - _ ,;,•; ` ' ' ' '.ores.The Owner shall bear costs of tests,inspections,or approvals that do not become requirements until after g,A f. are received or .• "ores concluded.The Owner shall directly arrange and pay for tests,inspections,or ovals buil• ..es or applicable laws or regulations so require_ �> .4.2 If. •.• .er,or public authorities having jurisdiction determine that portions of the Work require re siitio. n,or approval not included under Section 13.4.1,the Architect will,upon written ' *Oho •• instruct the Contractor to make arrangements for such additional testing,inspection,or e to the Owner,and the Contractor shall give timely notice to the Architect of when • • are to be made so that the Architect may be present for such procedures.Such costs, - .4.3,shall be at the Owner's expense. :.;° - _,inspection,or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions 01. .uirements established by the Contract Documents,all costs made necessary by such procedures and compensation for the Architect's services and expenses,shall be at t s : 4• • +.g,inspection,or approval shall,unless otherwise required by the Contract r �• ��, -�'" Contractor and promptly delivered to the Architect. ° 1. e tests,inspections,or approvals required by the Contract Documents,the Architect practicable,at the normal place of testing. ?max�'-• ( ... conducted pursuant to the Contract Documents shall be made promptly to avoid s r _ 113.5 I .$ 00„, •. rii aid and act Documents shall bear interest from the date payment is due at the rate the • path '. o , absence thereof at the legal rate prevailing from time to time at the place where . t1 • INA • ,ON OF THE CONTRACT krit$ OM' 014.1.1 .e ontract3r ma terminate the Contract if the Work is stopped for a period of 30 consecutive days through Igor f f a Subcontractor,a Sub-subcontractor,their agents or employees,or any other persons or entities p� e Work,for any of the following reasons: .1 Iss ' ..of a court or other public authority having jurisdiction that requires all Work to be 2 ;°`. T` .fgovernment,such as a declaration of national emergency,that requires all Work to be .3 - e 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 ..ent on a Certificate for Payment within the time stated in the Contract Documents;or r , Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. t : sr may terminate the Contract if,through no act or fault of the Contractor,a Subcontractor,a ,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. init. AlA Document A201TM-2017.Copyright t71911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties, 35 Unauthorized reproduction or distribution of this AIA'r'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.6 0 261 531 52 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 the114, er and Architect,terminate the Contract and recover from the Owner payment for Work executed,as well 3 •le overhead and profit on Work not executed,and costs incurred by reason of such termination. I a- .• . ' the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor,a r,a Sub-subcontractor,or their agents or employees or any other persons or entities performing portions teract° ork 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 lathe Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.I.3. tk ;1i42 Term n by ROMrtler for Cause 14.2.1 • 'er ll Ijr4etlminate the Contract if the Contractor fuses or fails to supply enough properly skilled workers or proper materials; 1,e •,•yment to Subcontractors or suppliers in accordance with the respective agreements e 4 •tractor and the Subcontractors or suppliers; si- applicable laws,statutes,ordinances,codes,rules and regulations,or lawful : • , authority;or >• of substantial breach of a provision of the Contract Documents. .$ §,•.w' . ;• o 7 ns described in Section 14.2.1 exist,and upon certification by the Architect that •t xltify such action,the Owner may,without prejudice to any other rights or remedies of the ale(tractor and the Contractor's surety,if any,seven days'notice,terminate employment offre ., .aayillillvect to any prior rights of the surety: da • : or from the site and take possession of all materials,equipment,tools,and • 'pment and machinery thereon owned by the Contractor, : Se - • _ t of subcontracts pursuant to Section 5.4;and e y whatever reasonable method the Owner may deem expedient.Upon written request o : .•e E the Owner shall furnish to the Contractor a detailed accounting of the costs incurred : -°` in finishing the Work. f 1-x i en,..ttiscPsioscriltrainates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall obt • OkItarieSiararther pay n, ntil the Work is finished. #i4 •tic balance oflifll act Sum exceeds costs of finishing the Work,including compensation for the Arc xpenxemirde necessary thereby,and other damages incurred by the Owner and not 16IISIP t xis shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, ,`a°,z «• pay the • _4•the Owner.The amount to be paid to the Contractor or Owner,as the case 46: certifi • cision Maker,upon application,and this obligation for payment shall e ; n !0amer for Convenience §14.3.1 Th eiar,sailYo it cause,order the Contractor in writing to suspend,delay or interrupt the Work,in whole or in part for sildkpetiad (time as the Owner may determine. $14.32 9 `-.. ,µ_•. um and Contract Time shall be adjusted for increases in the cost and time caused by sensio ' ,''dl p • terruption under Section 14.3.1.Adjustment of the Contract Sum shall include profit.No a dstment,.• IhriliilIe to the extent .1 that performance is,was,or would have been,so suspended,delayed,or interrupted,by another cause tv,°, __ an equitable adjustment is made or denied under another provision of the Contract. rid `� `+ by the Owner for Convenience I- r 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; A Document A201 T"-2017-Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The \A Init American Institute of Architects.All rights reserved.WARNING:This AIAb Document is protected by U.S.Copyright Law and International Treaties. 36 Unauthorized reproduction or distribution of this AIAs 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 taw-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 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 •. n.._ purchase orders. *1M1 In case of such termination for the Owner's convenience,the Owner shall pay the Contractor for Work pe'lerly executed;costs incurred by reason of the termination,including costs attributable to termination of **scontracts;and the y.i.ination fee,if any,set forth in the Agreement. t, 1 t'.KTES 4 .1C • � r.. ii5.1.1 t ti �N c ? .•.on by one of the parties seeking,as a matter of right,payment of money,a change in the th respect to the terms of the Contract.The term"Claim"also includes other disputes the Owner and Contractor arising out of or relating to the Contract.The responsibility ,r . R ' with the party making the Claim.This Section 15.I.1 does not require the Owner to Re " iquidated damages in accordance with the Contract Documents. 6 r +I� • h �' -4' -•mmence all Claims and causes of action against the other and arising out of or " contract,tort,breach of warranty or otherwise,in accordance with the requirements IX ; ethod selected in the Agreement and within the period specified by applicable law, bet in " >•' years after the date of Substantial Completion of the Work.The Owner and d causes of action not commenced in accordance with this Section 15.1.2. • • ' • - er or Contractor,where the condition giving rise to the Claim is first discovered ' • •• • for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the • • 1 Decision Maker with a copy sent to the Architect,if the Architect is not serving as the • �, • by either party under this Section 15.1.3.1 shall be initiated within 21 days after Y rise • r, • Claim or within 21 days after the claimant first recognizes the condition ch • §15.1. tarp r t leelister or Contractor,where the condition giving rise to the Claim is first discovered siker_ > or correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the In'Slili*i event, the Initial Decision Maker is required. .4• •ending resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.7 and histieti.14,tlae Co. ,3roceed diligently with performance of the Contract and the Owner shall continue to make a p yrrttil`§in the Contract Documents. 10•l• iu 'rd Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision; right of either party to proceed in accordance with this Article I5.The Architect will issue Ue+rtrfi ' y K" in accordance with the decision of the Initial Decision Maker. §15.1.5 Claims for Additional Cost -shes to make a Claim for an increase in the Contract Sum,notice as provided in Section 15.1.3 , ire proceeding to execute the portion of the Work that is the subject of the Claim-Prior notice is not relating to an emergency endangering life or property arising under Section 10.4, f 15. * ' xAdditional 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 A201'•'—2017.Copyright O 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 Alike Document is protected by U.S.Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this ALA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extant 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 s bstantiating that weather conditions were abnormal for the period of time,could not have been reasonably 4k ; ".• and had an adverse effect on the scheduled construction. �.. -. er of Claims for Consequential Damages Tbe..Cof►tractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Wit.This mutual waiver includes '•<' .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, y basin •d reputation,and for loss of management or employee productivity or of the services of such 04 • t4 Oh ° erso. .2 it.W.4114M d by the Contractor for principal office expenses including the compensation of : lerso.. tinned there,for losses of financing,business and reputation,and for loss of profit,except ° tic• • ',rofit arising directly from the Work. m e without limitation,to all consequential damages due to either party's termination in 'fir.. .' .g contained in this Section 15.1.7 shall be deemed to preclude assessment of •.:ble,in accordance with the requirements of the Contract Documents. 4 § , se where the condition giving rise to the Claim is first discovered after expiration of the •r ' 4 set forth in Section 12.2.2 or arising under Sections 10.3, 10.4,and 11.5,shall be reratoria .igliker for initial decision.The Architect will serve as the Initial Decision Maker,unless • „ - ent.Except for those Claims excluded by this Section 15.2.1,an initial decision 1 1 be .recedentto mediation of any Claim.If an initial decision has not been rendered within �. n referred to the Initial Decision Maker,the party asserting the Claim may demand •, - elution without a decision having been rendered.Unless the Initial Decision Maker ri • Initial Decision Maker will not decide disputes between the Contractor and persons -or ,,• , •, Maker will review Claims and within ten days of the receipt of a Claim take one or more -.uest additional supporting data from the claimant or a response with supporting data the c.,44Noa whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the1s . tial Dbe4a*Maker is unable to resolve the Claim if the Initial Decision Maker lacks ma.; don to evalualiallii&ifiiiits of the Claim or if the Initial Decision Maker concludes that,in the Initial • Deci •••, ould be inappropriate for the Initial Decision Maker to resolve the Claim. __ v fiat4jii'atg Claim0,diat11M l,Decision Maker may,but shall not be obligated to,consult with or seek inf• either paltairlirtiaaOsons with special knowledge or expertise who may assist the Initial Decision Mak • g areci-stiiii..Theitirilal Decision Maker may request the Owner to authorize retention of such s •• `he Owner se . §15.2.4 If iti_ p er requests a party to provide a response to a Claim or to furnish additional supporting data,such '`' Aall.sespond,within ten days after receipt of the request,and shall either(1)provide a respons m4uestedsnpporting data,(2)advise the Initial Decision Maker when the response or supporting data gill be • advise the Initial Decision Maker that no supporting data will be furnished.Upon receipt of g data if any,the Initial Decision Maker will either reject or approve the Claim in whole or in 1'�I�sespo.. -. x. initial Decision Maker will render an initial decision approving or rejecting the CIaim,or indicating that 11 n Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the t °7 • d(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision wy R_ ge in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on die •jest 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.Copyright 0 1911,1915,1918,1925,1937,1951,195B,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 AIAC'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 07/09/2010 under Order No.6026153152 which expires on 07/10/2019,and is not for resale. User Notes: (1 1 30 57 8266) §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 file for mediation.If such a demand is made and the party receiving the demand fails to file for mediation tIM ays after receipt thereof,then both parties waive their rights to mediate or pursue binding dispute resolution pripaeakilgs with respect to the initial decision. i1.5.,2.71n the event of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety,if any, ,ature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Owner may, not obligated to,notify the surety and request the surety's assistance in resolving the controversy. 1 +4128 If a ' rel . or is the subject of a mechanic's lien,the party asserting such Claim may proceed in v : z r rdance , ,app law to comply with the lien notice or filing deadlines. PL- 3 *. .3.1 ' .r•••er matters in controversy arising out of or related to the Contract,except those waived .4 9.10.5,and 15.1.7,shall be subject to mediation as a condition precedent to binding Airz or to resolve their Claims by mediation which,unless the parties mutually agree • by the American Arbitration Association in accordance with its Construction Industry Yon the date of the Agreement A request for mediation shall be made in writing, Contract,and filed with the person or entity administering the mediation.The with the filing of binding dispute resolution proceedings but,in such event, ••• °. 1 ce of binding dispute resolution proceedings,which shall be stayed pending igii0diation kr � from the date of filing,unless stayed for a longer period by agreement of the parties fir cant rd is stayed pursuant to this Section 1532,the parties may nonetheless proceed to the i+elep> afthe prikagree upon a schedule for later proceedings. • litgeltinlerIPORY , • 30 days from the date that mediation has been concluded without resolution of the • • on has been demanded without resolution of the dispute,demand in writing that the fit %.� -._ dispute resolution. If such a demand is made and the party receiving the demand fails to • < •.•• • on within 60 days after receipt thereof then both parties waive their rights to binding . _ wi••_ M to the initial decision. • share rr's fee and any filing fees equally.The mediation shall be held in the place f` � x%".other location is mutually agreed�n Agreements reached in mediation shall � • ents in any court having jurisdiction thereof Olt! I e ve . ..on as the method for binding dispute resolution in the Agreement,any ' su•jest to,but not resolv . .y,mediation shall be subject to arbitration which,unless the parties mutually agree ie be : • by the American Arbitration Association in accordance with its Construction Industry Arbitration es `>•:•e of the Agreement.The Arbitration shall be conducted in the place where the Prgfeat is located, •. on is mutually agreed upon.A demand for arbitration shall be made in writing, deliveredlloalMer pary>Cif the Contract,and filed with the person or entity administering the arbitration.The party $iing a rrllslitl ikalband for arbitration must assert in the demand all Claims then known to that party on which arbitration iiiicipribliiko 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 ilsilt*all it be made after the date when the institution of legal or equitable proceedings based on the Claim woid.Liky the applicable statute of limitations.For statute of limitations purposes,receipt of a written dallaillatiliOrl by the person or entity administering the arbitration shall constitute the institution of legal or eEeeings 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.CopyrightO 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.MI rights reserved.WARNING:This AMA.Document is protected by U.S.Copyright Law and International Treaties. 39 Unauthorized reproduction or distribution of this AIAs 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: (1 1 3057 8 266) §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 jorilclion thereof. •I5 4 Consolidation or Joinder 115 4.4.1 Subject to the rules ofthe American Arbitration Association or other applicable arbitration rules,either party ' a 00nsolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party piii$ded that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to :consolidated substaiilially involve common questions of law or fact,and(3)the arbitrations employ materially Ipllar procgtwal rule tiod methods for selecting arbitrator(s). t :+ f.4.42 to of the American Arbitration Association or other applicable arbitration rules,either party .>17 �r. incl "5•.• .•ns or entities substantially involved in a common question of law or fact whose presence rr • •• f' to be accorded in arbitration,provided that the party sought to be joined consents in •g o' t to arbitration involving an additional person or entity shall not constitute consent to '` i' or other matter in question not described in the written consent. < ;> tor grant to any person or entity made a party to an arbitration conducted under this S= 4 or consolidation,the same rights of joinder and consolidation as those of the Ownerr:;'r' went. 0141E- $'W.pq i. i cfII4 T'" .tja • Ne LF�II:I� AIA Document A201 Te—2017.Copyright m 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 MA*Document is protected by U.S.Copyright Law and International 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 40 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 Document A201 N-2017 and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added J form ALA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. ,�1,� Additions and Deletions Report is provided for Information purposes only and is not incorporated into or constitute any part bftl ociated AlA document.This Additions and Deletions Report and its associated document were generated simultaneously by • 7AYttiMtware at 19:23:04 o l•2018. er tin, Club x gp„ ti+ r�� ��� t.!► Hkilji'o ;P;3 . _ s DL �•_: Da ' , 2Qr24; .St:.: Itale , :33I62 r • � "+ * sr /:. it 414!lib, 4 � Additions and Deletions Report for MA Document A201TM-2017.CopyrightO 1911,1915,1918,1925,1937,1951,1958,1981,1963,1966,1970,1976,1987, 1997,2007 and 2017 by The American Institute of Architects.Al rights reserved.WARNING:This AIA•Document is protected by US.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result i t severe civil and criminal penalties,and will be prosecuted to the maximum extent poeslle under the law.This document was produced by AIA software at 1923:04 on 07/092018 under Order No.6026153152 which expires on 07/10/2019,and is not for resale. User Notes: (1130678266) - +don of Document'Authenticity ument D401 '' -2003 •f {. by certify,to the best of my knowledge,information and belief,that I created the attached final document .- •: eously with its associated Additions and Deletions Report and this certification at 19:23:04 on 07/09/2018; 52 m Contract Documents are in Orng the attached final der No. no 6• Les too the original text of AlA®Document A O d M that 7,General Conditions of the `$'tract fo. as published by the ALA in its software,other than those additions and deletions shown in • Deletions Report. t r:• }4� • 7 • f ; � ��Ur� Q t. 11 h si t+++ - 1 1 AAA Document D401 TM—2003.Copyright®1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by US.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) Exhibit "2" PCCO #001 BUILD BETTER. Marker Construction Group Project: 2018-002 - Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone: (954)767-9767 Prime Contract Change Order #001 : December Approved PCO's #001, #002, #004, #007 TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood,Florida 33020 Fort Lauderdale Florida 33301 DATE CREATED: 12/14/2018 CREATED BY: Sharlene Roca(The Marker Group,LLC) CONTRACT STATUS: Approved REVISION: 0 DESIGNATED REVIEWER: Samantha Vincenty(The Marker Group, REVIEWED BY: LLC) DUE DATE: REVIEW DATE: 12/14/2018 INVOICED DATE: PAID DATE: SCHEDULE IMPACT: EXECUTED: No CONTRACT FOR: 1:Country Club&Cart Barn at Colony West TOTAL AMOUNT: $12,506.74 Prime Contract DESCRIPTION: December Approved PCO's#001,#002,#004,#007 ATTACHMENTS: PCO#007-Drainage Pipe Removal CCCB rev1.PDF PCO#001.PDF PCO#004 Rock Power(CO#1).EX.pdf PCO#002 Removal and Disposal of Asbestos R1 EX.pdf POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO# Title Schedule Impact Amount 001 Deductive cost for the site utilities and drainage (6,808.43) 002 Removal and disposal of asbestos(BG Group) 2,411.58 004 Alternate entrance preparation for contaminated soil dumping 3,745.58 007 Drainage Pipe Removal&Backfill Rock#57 13,158.01 TOTAL: $12,506.74 CHANGE ORDER LINE ITEMS: PCO#001 :Deductive cost for the site utilities and drainage 8 Cost Code Description Type Amount 1 33-10 00-Water Utilities Deductive cost site utilities and drainage Other ($6,299.00) Subtotal: ($6,299.00) Insurance:1.15%Applies to all line item types. (72.44) Bond:0.81%Applies to all line item types. (51.61) Fee:6.00%Applies to all line item types. (385.38) Grand Total: ($6,808.43) • Marker Construction Group page 1 of 2 Printed On: 12/14/2018 10:53 AM R KE R PCCO #001 BUILD BETTER. PCO#002:Removal and disposal of asbestos(BG Group) # Cost Code Description Type Amount 1 02-40 00-Demolition Removal and disposal of asbestos Other S 2,150.00 Subtotal: $2,150.00 Insurance:1.15%Applies to all line Item types. 24.73 Bond:0.81%Applies to all line Item types. 17.62 Fee:10.00%Applies to all line item types. 219.23 Grand Total: 52,411.58 PCO#004:Alternate entrance preparation for contaminated soil dumping # Cost Code Description Type Amount 1 31-00 10-Earthwork Alternate entrance preparation for contaminated soil dumping Other S 3,339.31 Subtotal: 53,339.31 Insurance:1.15%Applies to all line item types. 38.40 Bond:0.81%Applies to all line item types. 27.36 Fee:10.00%Applies to all line item types. 340.51 Grand Total: 53,745.58 PCO#007:Drainage Pipe Removal&Backfill Rock#57 # Cost Code Description Type Amount 1 31-00 10-Earthwork Drainage Pipe Removal&Backfill Rock#57 Other S 11,730.82 Subtotal: 511,730.82 Insurance:1.15%Applies to all line item types. 134.90 Bond:0.81%Applies to all line item types. 96.11 Fee:10.00%Applies to all line item types. 1,196.18 Grand Total: 513,158.01 The original(Contract Sum) $8,193,853.00 Net change by previously authorized Change Orders $0.00 The contract sum prior to this Change Order was $8,193,853.00 The contract sum will be increased by this Change Order in the amount of $ 12,506.74 The new contract sum including this Change Order will be $8,206,359.74 The contract time will not be changed by this Change Order David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33162 Hollywood Florida 33020 Fort Lauderdale Florida 33301 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Marker Construction Group page 2 of 2 Printed On:12/14/2018 10:53 AM '' '` PCO #001 BUILD BETTER. Marker Construction Group Project:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #001: Deductive cost for the site utilities and drainage TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 001/0 CONTRACT: 1 -Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Pending-In Review CREATED DATE: 8/2/2018 REFERENCE: PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: ($6,808.43) POTENTIAL CHANGE ORDER TITLE:Deductive cost for the site utilities and drainage CHANGE REASON:Design Development POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract/s Changed As Follows) CE#001 -Deductive cost for the site utilities and drainage Deductive cost for the site utilities and drainage per the 62/38&60/40 split with the City. The contract currently contains a 68/32 split and will require an Additive change order on the Hotel's side. The total site utilities package is$338,495 and the site drainage is$261,495. The City Contract included a budget of$373,063.00 of Site Utilities&Drainage 62%of Underground Utilities is$209,867 60%of Drainage is$156,897.00 ATTACHMENTS: 6 Cost Code Description Type Amount 1 33-10 00-Water Utilities Deductive cost site utilities and drainage Other (56,299.00) Subtotal: (S6,299.00) Insurance:1.15%Applies to all line item types. (572 44) Bond:0.81%Applies to all line item types. (551.61) Fee:6.00%Applies to all line Item types. (5385.38) Grand Total: (56,808.43) David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33162 Hollywood Florida 33020 Fort Lauderdale Florida 33301 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Marker Construction Group page 1 of 1 Printed On:10/10/2018 08:40 PM RR PCO #002 BUILD BETTER Marker Construction Group Project:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #002: Removal and disposal of asbestos (BG Group) TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 002/0 CONTRACT: 1-Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: Ivy Fradin (The BG Group) CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Approved CREATED DATE: 9/13/2018 REFERENCE: BG(COIt1) PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: S2,411.58 POTENTIAL CHANGE ORDER TITLE:Removal and disposal of asbestos(BG Group) CHANGE REASON:Existing Condition POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) PE NW-.Remoyal and disposal of asbestos Removal and disposal of asbestos containing mastic and tile as per the ARS asbestos report for the Clubhouse dated 8/31/18. ATTACHMENTS: # Cost Code Description Type Amount 1 02-40 00-Demolition Removal and disposal of asbestos Other 5 2,150.00 Subtotal: $2.150.00 Insurance:1.15%Applies to all line item types. 5 24.73 Bond:0.81%Applies to all line item types. 8 17.62 Fee:10.00%Applies to all line item types. $219.23 Grand Total: $2,411.58 David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33162 Hollywood Florida 33020 Fort Lauderdale Florida 33301 APPROVED By Samantha Vincenty at 3:54 pm,Dec 13,2018 SIGNATURE DATE SIGNATU DATE SIGNATURE DATE KER PCO #004 BUILD BETTER Marker Construction Group Project:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #004: Alternate entrance preparation for contaminated soil dumping TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 004/0 CONTRACT: 1-Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Approved CREATED DATE: 10/8/2018 REFERENCE: Rock Power(CO#1) PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: $3,745.58 POTENTIAL CHANGE ORDER TITLE:Alternate entrance preparation for contaminated soil dumping CHANGE REASON:Existing Condition POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE#004-Alternate entrance or.epe ation for contaminated soil dumping Alternate travel path for dumping of soil as per revised City of Tamarac plan(10/03/18)-includes sleeve of catch basin and exclusion as listed on the attached.Any re-sod,concrete and/or asphalt replacement will be priced separately upon completion ATTACHMENTS: a Cost Code Description Type Amount 1 31.00 10-Earthwork Alternate entrance preparation for contaminated soil dumping Other $3.339.31 Subtotal: $3.339.31 Insurance:1.15%Applies to all line Item types. S 38.40 Bond:0.81%Applies to all line item types. S 27.36 Fee:10.00%Applies to all line item types. S 340.51 Grand Total: 53,745.58 David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33162 Hollywo d Florida 33020 Fort Lauderdale Florida 33301 // S/62 APPROVED By Samantha Vncenty at 3:53 pm,Dec 13,2018 SIGNATURE DATE IGN T RE /)AMBt+ DATE SIGNATURE DATE / S .` F C(7/Vg1 General Engineering Contractors 14K 13831 S.W. 59 ST.,Suite 204 Miami, FL 33183 POWER. ... VINO Tel: (305)752-7742 Fax: (305)752-7728 CHANGE ORDER# 1 TO: The Marker Group FROM: Robert Delgado ATTN: Samantha Vincenty DATE: 9/28/2018 RE: Fairfield Inn &Colony Clubhouse Description of Job:Cost associated with preparation of entrance at Lagos de Campo Blvd. Description Unit QTY Rate Subtotal Silt Fence Installation FT 200 $ 3.50 $ 700.00 Protect existing CB wl Filter Fabric EA 1 $ 125.00 $ 125.00 e CY 25 $ 6.00 Sawcut, Remove&Haul Off Concrete Shufferb 550.00 $ 550.00 Pr ce x 87'w/12°Rock LS 1 $ 2.950.00 `b 27950700 Construction Entrance Maintenance LS 1 $ 1.500.00 $ 1,500.00 Rom. Ccnat.Entrance&I ieul Off et the o,1d of week ES 1 5 65&.G0 $ 850.00 Sub-Total $-8,825.00 2,87E Tax 7% 15%OHP $1,023.7 5 431.2E Bond 1.00% ..$48.66 33.06 Total $ —7,2 -3,339.: Exclusions: Restoration of Sod, Landscape, Irrigation, Sidewalk,Asphalt Paving,Turf Block& Traffic Markings. Cleaning of existing Drainage System. Flagman and/or Temporary Construction signs or any MOT. Approval Signature Print Name&Title Approval Date PCO #007 BUILD BETTER Marker Construction Group Project:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #007: Drainage Pipe Removal & Backfill Rock #57 TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 007/0 CONTRACT: 1 -Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: Liettys Hernandez (Rock Power Paving) CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Approved CREATED DATE: 11/30/2018 REFERENCE: Rock Power CO#4R3 PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: $13,158.01 POTENTIAL CHANGE ORDER TITLE:Drainage Pipe Removal&Backfill Rock#57 CHANGE REASON:Design Development POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE#013-Drainage Pipe Removal&Backfill Rock#57 Cost associated with the removal of 295 LF OF 24"OR 30"Outfall Drainage Pipe(NOT SHOWN IN THE PLANS)8'deep(4'under water)and backfill with rock#57 up to water table elevation and balance with excavated fill material.Filter Fabric to be installed on top of the rock to avoid fill above rock migrating down. ATTACHMENTS: Change Order#4R 3 11 30 2018.pdf # Cost Code Description Type Amount 1 31-00 10-Earthwork Drainage Pipe Removal&Backfill Rock#57 Other S 11,730.82 Subtotal: 511730.82 Insurance:1.15%Applies to all line item types. S 134.90 Bond:0.81%Applies to all line Item types. S 96.11 Fee:10.00%Applies to all line Item types. S 1.196.18 Grand Total: S13,158.01 David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33162 Hollywood Florida 33020 Fort Lauderdale Florida 33301 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Marker Construction Group page 1 of 1 Printed On: 11/30/2018 01 :25 PM General Engineering Contractors 13831 S.W. 59 ST., Suite 204 I 112K I ' Miami, FL 33183 POWE- , ,uvG Tel: (305)752-7742 Fax: (305)752-7728 CHANGE ORDER#4R 3 11-30-18 TO: The Marker Group FROM: Robert Delgado ATTN: Samantha Vincenty DATE: 10/30/2018 RE: Fairfield Inn&Colony Clubhouse Description of Job: Cost associated with the removal of 295 LF OF 24"OR 30"Outfall Drainage Pipe(NOT SHOWN IN THE PLANS)8'deep(4'under water)and backfill with rock#57 up to water table elevation and balance with excavated fill material. Filter Fabric to be installed on top of the rock to avoid fill above rock migrating down. Materials Unit QTY Rate Subtotal Rock#57 Tn 235 $ 21.70 $ 5,099.50 Non Woven Filter Fabric Roll 1 $ 600.00 $ 600.00 Sub-Total $ 5,699.50 Equipments Unit QTY _ Rate Subtotal Excavator 330 Hr 24 $ 90.00 $ 2,160.00 Loader Hr 36 $ 54.90 $ 1,976.40 Walk Behind Compactor Hr 24 $ 68.42 $ 1,642.00 Sub-Total $ 5,778.40 Work Force/Crew Unit QTY Rate Burden 40% Subtotal Foreman/Operator HR 36 $ 45.00 $ 18.00 $ 2,268.00 Loader Operator HR 24 $ 35.00 $ 14.00 $ 1,176.00 Laborer (2) HR 72 $ 15.00 $ 6.00 $ 1,512.00 Sub-Total $ 4,956.00 _ Total $ 16,433.90 Tax 7% $ 398.97 15%OHP $ 2,524.93 1%Bond $ 193.58 Grand Total $ 19,551.37 Colony West Approval Signature $ 11,730.82 31 00 10 Print Name&Title Approval Date mKE R PCCO #002 BUILD BETTER Marker Construction Group Project: 2018-002 - Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone: (954)767-9767 Prime Contract Change Order#002: February Approved PCO's (#008Rev1, #009, #010, #011 Rev1, #012Rev1, #14Rev1) TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood,Florida 33020 Fort Lauderdale Florida 33301 DATE CREATED: 2/21/2019 CREATED BY: Sharlene Roca(The Marker Group,LLC) CONTRACT STATUS: Approved REVISION: 0 DESIGNATED REVIEWER: Samantha Vincenty(The Marker Group, REVIEWED BY: LLC) DUE DATE: REVIEW DATE: 02/21/2019 INVOICED DATE: PAID DATE: SCHEDULE IMPACT: EXECUTED: No CONTRACT FOR: 1:Country Club&Cart Barn at Colony West TOTAL AMOUNT: $48,629.43 Prime Contract DESCRIPTION: February Approved PCO's(#008Rev1,#009,#010,#011 Rev1,#012Rev1,#14Rev1) ATTACHMENTS: POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO# Title Schedule Impact Amount 008_Rev Supply&Install Drainage System $9,360.49 1 009 Water System(WSD) $2,328.21 010 Temp Trailer Power&Electrical Connection-Colony West $4,228.28 011 Rev Underground Drainage Work $27,689.97 012_Rev SedlmentTank $3,564.08 1 014 Rev Reroute Water Line per RF1#28 Response $1,460.40 i Total: $48,629.43 CHANGE ORDER LINE ITEMS: PCO#008_Rev1:Supply&Install Drainage System = Cost Code Description Type Amount 1 33.1000-Water u050es Supply&Install Drainage System Other $8,345.20 Subtotal: $8,345.20 Insurance:1.15%Applies to all One Item types. 95.97 Bond:0.81%Applies to all line Item types. 68.37 Fee:10.00%Applies to Mine item typos. 850.95 Grand Total: $9,360.49 Marker Construction Group page 1 of 3 Printed On:2/21/2019 02:22 PM noirR KE R PCCO #002 BUILD BETTER PCO#009:Water System(WSD) M Cost Cade Description 1Srpe Amount 1 33.10 00-Water Willies Relocate water service Other $2,073 90 Subtotal: $2,073.90 Insurance:1.15%Appllos to ail lino(torn types. 23.85 Bond:0.81%Applies to all line Item types. 16.99 Fee:10.00%Applies to all line Sem types. 211.47 Grand Total: $2,326.21 PCO#010:Temp Trailer Power&Electrical Connection-Colony West Y Cost Coda Description Type Amount 1 22-00 10-Plumbing Sewer/Water Connection AKO(Invg100) Other $2,841,30 2 26.00 10-Electrical Trailer Temp Power.Inv46357 Other $15,928 35 3 70.7010-General Conditions Allowance Other ($15,000.00) Subtotal: $3,769.65 Insurance:1.15%Applies to a8 line Item types. 43.35 Bond:0.81%Applies to all Ilne Item types. 30.89 Fee:10.00%Applies to all line Item typos. 38.4.39 Grand Total: $4,228,28 PCO#011_Rev1 :Underground Drainage Work 8 Cost Code Description Type Amount 1 33.10 00-Water Utitdes Daily Equipment Rental Other $19,106,54 2 33-10 00-Water Ulilllles Demobilisation 8 Remeb012alton Oilier $5,500.00 Subtotal: 524,886.64 Insurance:1.15''/.Applies to all line(tarn types. 283.90 Bond:0.81'/.Applies to all line Item types. 202 26 Foe:10.00%Applies to ell lino 11om typos. 2,517 27 Grand Total: $27,689.97 PCO#012 Rev1 :Sediment Tank k Cost Code Description Type Amount 1 33-1000-Water Ul6Ges Sediment Tank Other $3,177.50 Subtotal: 63,177 50 Insurance:1.15'/.Applies to all lino Item types. 36.54 Bond:0.81Y Applies to all line Item types. 28.03 Fee:10.00%Applies to all line Corn typos. 324.01 Grand Total: $3,564.08 PCO#014_Rev1 :Reroute Water Line per RFt#28 Response B Cost Code Description Type Amount 1 33.10 00-Water Wiles Reroute Walor Liner per RFl028 Response Other $1,302.00 Subtotal: $1,302.00 Insurance:1.15%Applies to all Ilne Item types. 14.97 Bond:0.81%Applies to all line Item types. 10.67 Fee:10.00%Applies to all line Item types- 132.76 Grand Total: 51,460.40 Marker Construction Group page 2 of 3 Printed On:2/21/2019 02:22 PM PCCO #002 BUILD BETTER The original(Contract Sum) $8,193,853.00 Net change by previously authorized Change Orders $12,506.74 The contract sum prior to this Change Order was $8,206,359.74 The contract sum will be Increased by this Change Order In the amount of $48,629.43 The new contract sum Including this Change Order will be $8,254,989.17 The contract time will not be changed by this Change Order. David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 ;T e Marker Group,LLC.226 SE 121h Ave North Miami Beach Florida 33162 Hollywood Florida 33020 Fo Lauderdale Florida 3330 q2,11.1 z SIGNATURE DATE AGNATURE DATE GN TURE DATE Marker Construction Group page 3 of 3 Printed On:2/21/2019 02:22 PM / .,., , ,: , . .,. .. , , . . .,,,,:, .:, ,. .. , : , RP PCCO #003 BUILD BETTER. Marker Construction Group Project: 2018-002 - Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone: (954)767-9767 Prime Contract Change Order #003: April Approved PCO's #013_Rev2, 016, 017, 018, 019, 022 TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood,Florida 33020 Fort Lauderdale, Florida 33301 DATE CREATED: 4/12/2019 CREATED BY: Sharlene Roca(The Marker Group,LLC) CONTRACT STATUS: Approved REVISION: 0 DESIGNATED REVIEWER: Samantha Vincenty(The Marker Group, REVIEWED BY: LLC) DUE DATE: REVIEW DATE: 04/16/2019 INVOICED DATE: PAID DATE: SCHEDULE IMPACT: EXECUTED: No CONTRACT FOR: 1:Country Club&Cart Barn at Colony West TOTAL AMOUNT: $97,788.59 Prime Contract DESCRIPTION: April Approved PCO's#013_Rev2,016,017,018,019,022 ATTACHMENTS: PCO#022 Temporary Fencing&Wndscreen Colony West,odf E-mail Approval PCO#019 Cart Barn Only.odf E-mail Approval PCO#018 Comcast Conduits.odf CW Work Authorization#04-Signed.odf POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO# Title Schedule Impact Amount 013_Rev Time extension of 65 calendar days $72,908.06 2 016 Install FPL Conduit for Primary Phase 1 $3,142.23 017 FPL Easement(Colony West) $841.25 018 Comcast Conduits(Colony West) $17,318.94 019 Short Circuit Survey-Cart Barn Only 0 days $1,682.49 022 Temporary fencing&windscreen for the golf carts $1,895.62 Total: $97,788.59 CHANGE ORDER LINE ITEMS: PCO#013_Rev2:Time extension of 65 calendar days # Cost Code Description Type Amount 1 70-70 10-General Conditions Time extension of 65 calendar days Other 565,000 00 Subtotal: 565,000.00 Insurance:1.15%Applies to all line Item types. 747.50 Bond:0.81%Applies to all line item types. 532.55 Fee:10.00%Applies to all line Item types. 6,628.01 Grand Total: 572,908.06 Marker Construction Group page 1 of 3 Printed On:4/16/2019 11:19AM ‘ R. PCCO #003 BUILD BETTER • David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach,Florida 33162 Hollywood,Florida 33020 Fort Lauderdale,Florida 33301 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Marker Construction Group page 3 of 3 Printed On:4/16/2019 11:19 AM PCO #013 Rev2 BUILD BETTER. Marker Construction Group Project:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order#013_Rev2: Time extension of 65 calendar days TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 013_Rev2/2 CONTRACT: 1-Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Pending-In Review CREATED DATE: 1/15/2019 REFERENCE: PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: $72,908.06 POTENTIAL CHANGE ORDER TITLE:Time extension of 65 calendar days CHANGE REASON:Design Development POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) CE#019-Time extension of 65 calendar days Time extension of 65 calendar days per the contract NTP Issued on 9/21/18 for delays to the contract critical path work resulting in a new completion date of 06/05/20 per revised schedule update#008.This Is a time extension of 65 calendar days at$1,000 per day per 5.1.2 listed In the contract. An additional 28 days without liquidated damages will be granted as part of this change order. ATTACHMENTS: a Cost Code Description Type Amount 1 70-70 10-General Conditions Time extension of 85 calendar days Other SS65•000.00 Subtotal: S65,000.00 Insurance:1.16/Applies to all line Item types. 3747.50 Bond:0.81%Applies to all line item types. 3532.55 Fee:10.00%Applies to all line item types. S6,628.01 Grand Total: $72,908.06 David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33182 Hollywood Florida 33020 Fort Lauderdale Florida 33301 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Marker Construction Group page 1 of 1 Printed On:3/15/2019 09:07 AM PCO #016 BUILD BETTER. Marker Construction Group Project:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #016: Install FPL Conduit for Primary Phase 1 TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 016/0 CONTRACT: 1-Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: Hal Marcus (Hatton Electric) CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Pending-In Review CREATED DATE: 2/12/2019 REFERENCE: Hatton_CO#3107 PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: $3,142.23 POTENTIAL CHANGE ORDER TITLE:Install FPL Conduit for Primary Phase 1 CHANGE REASON:No Change Reason POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) CE#022-Install FPL Conduit for Primary Phase 1 Install FPL conduit for the primary Phase 1(per the FPL provided sketch)underground work. FPL to provide materials for pickup and Installation. ATTACHMENTS: EPL.Layout 1,1&19,odf YaQaLtkQm PCO#009 FPL Primer/Conduits-Phase 1 Falrtleld,odL 8 Cost Code Description type Amount 1 26.0010-Electrical Install FPL Conduit for Primary Phase 1 Other S2,801.40 Subtotal: $2,801.40 Insurance:1,15%Applies to all Ilne Item types. S32.22 Bond:0.91%Applies to all line Item types. $22.95 Fee:10.00%Applies to ratline Item types. 5285.88 Grand Total: $3,142.23 David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33162 Hollywood Florida 33020 Fort Lauderdale Florida 33301 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Marker Construction Group page 1 of 1 Printed On:2/12/2019 12:48 PM Sharlene Roca From: Samantha Vincenty Sent: Thursday,April 11, 2019 9:20 PM To: Sharlene Roca Subject: FW: Colony West- Comcast&ATT Conduits Follow Up Flag: Follow up Flag Status: Flagged fyi APPROVED MIIUCER SAMANTHA VINCENTY I PROJECT EXECUTIVE 226 SE 12th Avenue • Fort Lauderdale • FL 33301 954-767-9767 Q 561-322-8725 markerfl.com From:Ron Stein<Ron.Stein@tamarac.org> Sent: Monday,April 8,2019 9:14 AM To:Samantha Vincenty<svincenty@markerfl.com>;Jerrica Delatorre(jerrica@adlglobal.com) <jerrica@adlglobal.com>;Jim Gamble(jglg1998@gmail.com)<jglg1998@gmail.com> Cc:Thelma Fay<tfay@markerfl.com> Subject: RE:Colony West-Comcast&ATT Conduits All The City is OK with PCO#18 Please proceed. Ron Ronald Stein Sr. Project Manager I Public Services Department (954) 597-3716 I www.tamarac.org 6011 Nob Hill Rd., Tamarac, FL 33321 USA ifAJ 3 r n From:Samantha Vincenty<svincenty@markerfl.com> Sent:Tuesday, March 12, 2019 2:46 PM The City For Your Life To:Jerrica Delatorre (ierrica@adlglobal.com)<jerrica@adlgloba►.corn>;Jim Gamble (jglg1998@gmail.com)<iglg1998@gmail.com>; Ron Stein<Ron.Stein@tamarac.org> Cc:Thelma Fay<tfay@markerfl.com> Subject:Colony West-Comcast&ATT Conduits Jerrica/Ron 1 PCO #022 BUILD BETTER. Marker Construction Group Project:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #022: Temporary fencing & windscreen for the golf carts TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 022/0 CONTRACT: 1-Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: Kyle Davis (Carlson Fence dba Florida CREATED BY: Sharlene Roca (The Marker Group,LLC) Fence Rental) STATUS: Pending-In Review CREATED DATE: 4/15/2019 REFERENCE: Inv#F936-19 PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: $1,895.62 POTENTIAL CHANGE ORDER TITLE:Temporary fencing&windscreen for the golf carts CHANGE REASON:No Change Reason POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) CE#032-Temporary fencing&windscreen for the golf carts Temporary fencing&windscreen for the golf carts as requested per the City of Tamarac. ATTACHMENTS: Florida Fence Inv#F936-19 CCCB.odf # Cost Code Description Type Amount 1 02-60 00-Temporary Fence Temporary fencing F.windscreen for the golf carts as requested per the City of Tamarac Other 51,690.00 Subtotal: S1,690.00 Insurance:1.15%Applies to all line Item types. $19.44 Bond:0.81%Applies to all line item types. 513.85 Fee:10.00%Applies to all line Item types. 5172.33 Grand Total: $1,895.62 David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33162 Hollywood Florida 33020 Fort Lauderdale Florida 33301 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Marker Construction Group page 1 of 1 Printed On:4/15/2019 03:49 PM FLORIDA FENCE RENTAL, INC. 8491 N.W. 64th Street • Miami, Florida 33166 DELIVERY Telephone: 305.593.6149 • 1.800.694.3013 RECEIPT Fax 305;477.5136 TO: JOB: e PHONE: . FAX: J • FLORIDA FENCE RENTAL,INC.HAS DELIVERED AND INSTALLED THE MATERIALS AS NOTED BELOW.THE CUSTOMER AGREES THAT ALL THE MATERIALS ARE IN GOOD CONDITION AND ASSUMES ALL RESPONSIBILITY FOR THE MATERIALS AS PER THEIR AGREEMENT WITH FLORIDA FENCE RENTAL,INC.THE MATERIALS INSTALLED ON THE ABOVE JOB ARE AS LISTED BELOW. O 4-ab 11 a . -.. QUANTITY TYPE & HEIGH QUANTITY T PE & HEIGH' FENCE J /6 g y 9 GATES: / •, �G 72- FABRIC: J (�; I- g-r ' -0b , _ -- QUANTITY TYPE & LENGTH 0 i A 1 • D SCRIPTION 'OSTS: 1-, , .-tj MISC: ,f1 r % �- 67 7 1/2_, .1:z,__g____-e_._e._L_c_____i_4 4 -. . r")-7 k-/ 1is-s _ Z -z'/ USTOMER GREES T E INSTALLED QUANTITIES ARE TRUE AND CORRECT. Signed: (7 ,00.6.-UA-P s i .company Name: A-i.1(4,72 rt.,(31 -` Lam- l'• Date: / - 7— r / 1 ,;rude From NESS CIJST9.Mplinfing service ;;CC.CPn u1'7 AlSS.Inc.GoI,,.r'A 01171 v,,nv.nebs cvnI nol.No U•1?AIe5t41 '' jn'" �t47�F z�J"s � a' ,�� �c t d '• �^ �l o t PCCO #004 ort BUILD BETTER. Marker Construction Group Project: 2018-002 - Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone: (954)767-9767 Prime Contract Change Order #004: May Approved PCO's #003Rev3, #006Rev1, #0021 TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood,Florida 33020 Fort Lauderdale, Florida 33301 DATE CREATED: 4/30/2019 CREATED BY: Sharlene Roca(The Marker Group,LLC) CONTRACT STATUS: Pending-In Review REVISION: 0 DESIGNATED REVIEWER: Samantha Vincenty(The Marker Group, REVIEWED BY: LLC) DUE DATE: REVIEW DATE: INVOICED DATE: PAID DATE: SCHEDULE IMPACT: EXECUTED: No CONTRACT FOR: 1:Country Club&Cart Barn at Colony West TOTAL AMOUNT: $51,019.75 Prime Contract DESCRIPTION: ATTACHMENTS: POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO# Title Schedule Impact Amount 003_Rev Rock Power-Additional Earthwork Items $27,156.95 3 006_Rev Colony West-Additional Costs for Delay $11,175.43 021 Supply and Install Lighting for the Cart Barn Interior $12,687.37 Total: $51,019.75 CHANGE ORDER LINE ITEMS: PCO#003_Rev3:Rock Power-Additional Earthwork Items # Cost Code Description Type Amount 1 31-00 10-Earthwork Haul off lake fill&stock pile contaminated soil.COT Portion of work is 62%split Other 524.211.34 Subtotal: 524,211.34 Insurance:1.15%Applies to all line Item types. 278.43 Bond:0.81%Applies to all line Item types. 198.37 Fee:10.00%Applies to all line Item types. 2,468.81 Grand Total: 527,156.95 Marker Construction Group page 1 of 2 Printed On:4/30/2019 09:52 AM Ire PCCO #004 BUILD BETTER PCO#006_Rev1 :Colony West-Additional Costs for Delay # Cost Code Description Type Amount 1 31-00 10-Earthwork Additional Surveying Costs for Earthwork Subcontractor Other 5307.52 2 31-00 10-Earthwork Lost Time(WDowntimeEquipment ages),Equipment and Demobilization 8 Re- Other $9,655.75 mobilization for the Earthwork Subcontractor Subtotal: 59,963.27 Insurance:1.15%Applies to all line item types. 114.58 Bond:0.81%Applies to all line Item types. 81.63 Fee:10.00%Applies to all line item types. 1,015.95 Grand Total: 511,175.43 PCO#021 :Supply and Install Lighting for the Cart Barn Interior # Cost Code Description Type Amount 1 26-00 10-Electrical Supply and Install Lighting for the Cart Barn Interior Other 511 31122 Subtotal: 511,311 22 Insurance:1.15%Applies to all line item types. 130.08 Bond:0.81%Applies to all line Item types. 92.67 Fee:10.00%Applies to all line Item types. 1,153.40 Grand Total: 512,687.37 The original(Contract Sum) $8,193,853.00 Net change by previously authorized Change Orders $158,924.76 The contract sum prior to this Change Order was $8,352,777.76 The contract sum would be changed by this Change Order in the amount of $51,019.75 The new contract sum including this Change Order will be $8,403,797.51 The contract time will not be changed by this Change Order. APPROVED CO AMOUNTS See PO Email from Ron S on 5/16/19 David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach,Florida 33162 Hollywood,Florida 33020 Fort Lauderdale,Florida 33301 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Marker Construction Group page 2 of 2 Printed On:4/30/2019 09:52 AM TANI /1A R A( COLONY WEST CLUBHOUSE and CART BARN The Olty For Your Life WORK AUTHORIZATION DATE OF ISSUANCE:4/18/19 WORK AUTHORIZATION NO,: 006 OWNER: CITY OF TAMARAC CONTRACTOR:AD1 Tamarac Hotels,LLC 7525 NW 88'h Avenue 1955 Harrison St.Suite 200 Tamarac,FL 33321-2401 Hollywood,FL 33020 IN COMPLIANCE WITH THE ABOVE REFERENCED CONTRACT,THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES,ADDITIONS OR DELETIONS TO THE SCOPE OF WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS. DESCRIPTION: Amount NA Code PCON006 R1 NGVD Issue Delays $ 11,175.43 Delays,downtimd,Demobilization&remobilization due to NGVD vs. NAVD survaying Issue. PCON021 Supply general light fixtures for the Cart Barn $ 12,687.37 Supply ail general light fixtures for the Cart Barn that were to be Owner supplied.Cost In Light Fixture Budget. $ 23,862.80 PURPOSE OF WORK DIRECTIVE: • See attached PCO's for details and cost breakdowns. 111 RECOMyJ N APPRO/ APPROV • BY C BYE BY Jack Stra M• Mason Public Services Director Finance Director A TamaracY, y/? Hotels,LLC Date 1/r3) (� Date yh��/9 Date CW Work Authorization 06 Page 1 of 1 3 fig. Tv ref.}!';a}it� .' 'G', Ftfffil f'� y;isf S ij ,au.,4fir e4f-� 9,� , ,� •1 �t L 1V; ;;-n,g f _; , r� PCO #003Rev3 BOLO BETTER. Marker Construction Group Project:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #003_Rev3: Rock Power - Additional Earthwork Items TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 003_Rev3/3 CONTRACT: 1-Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: Lazaro Diaz (Rock Power Paving) CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Pending-In Review CREATED DATE: 9/25/2018 REFERENCE: Rock Power Inv#3445 PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: $27,156.95 POTENTIAL CHANGE ORDER TITLE:Rock Power-Additional Earthwork Items CHANGE REASON:Existing Condition POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) CE#003-Rock Power-Additional Earthwork Items Line item#1-Haul off lake fill&stockpile contaminated soil.COT Portion of work is 62%split. ATTACHMENTS: Rock Power TM Lake.odf PROPOS-1.PDF_ 9 Cost Code Description Type Amount 1 31.00 10•Earthwork Haul off lake rill&stock pile contaminated sod.COT Potion of work is 62%split Other $24,211.34 Subtotal: 524,211.34 insurance:1.16%Applies to all line item types. 6278.43 Bond:0.81%Applies to all line Item types. 3198.37 Fee:10.00%Applies to all line item types. 52.468.61 Grand Total: $27,155.95 David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 121h Ave North Miami Beach Florida 33162 Hollywood FI rida 33020 Fort Lauderdale Flom a 3301 .----- 7.0Z?/ /I ti t q 41 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Marker Construction Group page 1 of 1 Printed On:4/15/2019 04:50 PM • fit 3 `� 01,±,rA '�° l -�i 4tm • � r tpi.•v.pr r ,n1 ,» PCO #006_Rev1 WILD EIhTTER. Marker Construction Group Protect:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #006_Rev1: Colony West - Additional Costs for Delay TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.228 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 006_Rev1/1 CONTRACT: 1-Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: Robert Delgado (Rock Power Paving) CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Pending-In Review CREATED DATE: 11/16/2018 REFERENCE: Rock Power,Estimated dated 10/30/18 PRIME CONTRACT None /,, r1, CHANGE ORDER: t� I(-, w FIELD CHANGE: No /1 to-hwJ�Q,fi&1 ,##y,, LOCATION: ACCOUNTING Amount Based (/t r • METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: $11,175.43 POTENTIAL CHANGE ORDER TITLE:Colony West-Additional Costs for Delay CHANGE REASON:Design Development POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) CE#009-Colony West-Additional Costs for Delay COLONY WEST- Per the delay letter Issued on 10/24/18 for the Colony West Site upon confirmation that the site elevations were incorrectly noted as NAVD when they were in fact NGVD,attached are the costs for extended general conditions per the AIA contract for the delay from 10/24/18 through 11/26/18. Per the OAC meeting on 11/14/18 Suntech Engineering will be submitting the revised drawings and Marker Construction will proceed with the drawings while being approved by the City&the County. The drawings have already been preliminary reviewed with the City's engineering department. We have spoken with the site utility subcontractor and earthwork subcontractors and they will be able to fully re-mobilize to the site starting on Monday 11/26/18 due to the holiday next week, Additional Surveying Costs for Earthwork Subcontractor$307.52 Lost Time(Wages),Equipment Downtime and Equipment Demobilization&Re-mobilization for the Earthwork Subcontractor$9,655.75 ATTACHMENTS: Rock Power Estimate Costs for Stopping.pdf Cost Code Description Type Amount 1 31-0010-Earthwork Additional Surveying Costs for Earthwork Subcontractor Other 5307.52 2 31-00 10-Earthwork Lost Time(wages).Equipment Downtime and Equipment Demobitzation&Re- Other 59.655.75 mobilization for the Earthwork Subcontractor Subtotal: 59,963.27 Insurance:1.15%Applies to Wine Item types. 5111.58 Bond:0.81%Applies to all line Item types. $81.63 Fee:10.00%Applies to all line Item types. $1,015.95 Grand Total: $11,176.43 Marker Construction Group page 1 of 2 Printed On:4/2/2019 10:55 AM . 41ff% Ail $'11 \ V . A KOK IV livit: L PCO #006 Revl BUILD BETTER. David Wallace(DLW Architect) AD1 Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33162 Hollywood Florida 33020 Fort Lauderdale Flori a 33301 j� � \ , SIGNATURE DATE IGN URE DATE SI NATURE ATE Marker Construction Group page 2 of 2 Printed On:4/2/2019 10:55 AM - .'ro'il[" f f. Fl! d' � rrifr � 9/t\ �Y � PCO #021 BUILD BETTER. Marker Construction Group Protect:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac,Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #021: Supply and Install Lighting for the Cart Barn Interior TO: AD1 Tamarac Hotels,LLC FROM: The Marker Group,LLC 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave Hollywood Florida,33020 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 021/0 CONTRACT: 1-Country Club&Cart Barn at Colony West Prime Contract REQUEST RECEIVED FROM: Hal Marcus (Hatton Electric) CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Pending-In Review CREATED DATE: 4/12/2019 REFERENCE: Hatton COR#3129 PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: $12,687.37 POTENTIAL CHANGE ORDER TITLE:Supply and Install Lighting for the Cart Barn Interior CHANGE REASON:Client Request POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) CE#031-Supply and Install Lighting for the Cart Barn Interior Supply and install lighting for the Cart Barn interior as per the Hatton change order#3129. ATTACHMENTS: Cart Barn Owner Lights Rvd.pdf 8 Cost Code Description Type Amount 1 26.0010-Electrical Supply end Install LlghUng for the Cart aam Interior Other $11,311.22 Subtotal: S11,311.22 Insurance:1.16%Applies to all line Item types. $130.08 Bond:0.81%Applies to all line Item types. 592.67 Fee:10.00%Applies to all line Item types. $1,153.40 Grand Total: $12,887.37 David Wallace(DLW Architect) API Tamarac Hotels,LLC The Marker Group,LLC 2020 NE 163rd Street 1955 Harrison Street,Suite 200 The Marker Group,LLC.226 SE 12th Ave North Miami Beach Florida 33162 Hollywood Florida 33020 Fort Lauderdale Florida 33 01 • SIGNATURE DATE SIGNATURE ‘7//-97 DATE Si NATURE ! A 1(1'( Marker Construction Group page 1 of 1 Printed On:4/12/2019 02:06 PM Exhibit "3" PCCO #005 6i1I(..D r1 71-FR Marker Construction Group Project: 2018-002 - Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac, Florida 33321 Phone: (954)767-9767 Prime Contract Change Order #005: Colony West Clubhouse - Rev GMP TO: City of Tamarac FROM: The Marker Group, LLC 7525 NW 88th Avenue The Marker Group,LLC.226 SE 12th Ave Tamarac, Florida 33321-2401 Fort Lauderdale, Florida 33301 DATE CREATED: 5/30/2019 CREATED BY: Sharlene Roca(The Marker Group,LLC) CONTRACT STATUS: Pending-In Review REVISION: 0 DESIGNATED REVIEWER: Samantha Vincenty (The Marker Group, REVIEWED BY: LLC) DUE DATE: REVIEW DATE: INVOICED DATE: PAID DATE: SCHEDULE IMPACT: EXECUTED: No CONTRACT FOR: 1:Country Club&Cart Barn at Colony West TOTAL AMOUNT: $831,957.70 (PO#220701) DESCRIPTION: Revised budget for the Colony West Clubhouse&Bart Barn project to update the project GMP based on the following items/revisions in the scope and as per the attached marked up ID drawings&door schedule/storefront revisions&Restekc Rev#2(various dates)MEP drawings: Extended GC's included for an additional 30 days through 7/3/20.An additional 15 days without liquidated damages will be included to be added onto our previous agreed upon extension. ATTACHMENTS: VE ID drawings 05.22.19.pdf VE Storefront Dwg_s.pdf Pavers.pdf 05.29.19rev10 GMPw Clarifications.pdf POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO# Title Schedule Impact Amount 025 Colony West Clubhouse-Rev GMP $831,957.70 Total: $831,957.70 CHANGE ORDER LINE ITEMS: Marker Construction Group page 1 of 3 Printed On:5/30/2019 04:52 PM PCCO #005 BUILD BETTER PCO#025:Colony West Clubhouse-Rev GMP # Cost Code Description Type Amount 1 02-40 00-Demolition Demolition Credit Other (S15,740.00) 2 03-31 00-Structural Concrete Shell Buyout Add Other $169,530.00 3 04-22 00-Concrete Unit Masonry Eliminated Stone Cladding Credit Other ($51,659.00) 4 05-50 00-Misc.Metals Misc Metals Add Other $5,212.00 5 06-40 00-Architectural Woodwork (2)Benches in Locker Rm Other $1,000.00 6 07-50 00-Membrane Roofing Roofing Add Other $51,230.00 7 07-10 00-Waterproofing Waterproofing Add Other $19,280.00 8 08-14 00-Wood Doors&Frames DFH Add Other $80,234.06 9 08-43 00-Storefront Glass Storefront Credit Other ($48,637.00) 10 09-20 00-Plaster&Gypsum Board Drywall&Framing Add Other $240,865.00 11 09-50 00-Acoustical Ceilings ACT Add Other S10,000.00 12 09-54 00-Specialty Ceilings Wood Ceiling Deduct Other ($52,500.00) 13 09-24 23-Cement Stucco Stucco Deduct Other ($83,612.00) 14 09-63 00-Resilient Flooring Flooring Add Other $150,394.00 15 09-90 00-Painting Paint Add Other $67,609.00 16 10-44 00-Fire Extinguishers(New) Fire Extinguishers&Bathroom Accessories/Standard Prefabricated Stock Lockers Other $14,836.00 17 10-73 13-Awnings Aluminum Canopy Other $6,500.00 18 10-22 00-Toilet Partitions Operable Partition Credit Other ($5,102.00) 19 12-36 00-Countertops Countertops Other $43,423.81 20 14-20 00-Elevators Elevators Add Other $2,706.00 21 14-10 00-Dumbwaiters Dumbwaiter Add Other $37,916.00 22 21-10 00-Fire Suppression Systems Fire Protection Add Other $9,633.34 23 22-00 10-Plumbing Plumbing&Fixtures Add Other $20,782.00 24 23-00 10-H.V.A.C. HVAC deduct Other ($24,282.00) 25 26-00 10-Electrical Electrical&Light Fixtures Add Other $261,650.00 26 28-05 37-BDA BDA Allowance Credit Other ($35,100.00) 27 26-56 13-Site Lighting Site Lighting Allowance Credit Other ($33,980.00) 28 32-12 16-Asphalt Asphalt Credit Other ($68,303.70) 29 32-14 00-Unit Paving Pavers Credit Other (S34,592.00) 30 32-90 00-Landscaping Landscape&Irrigation Credit Other ($22,929.00) 31 33-10 00-Water Utilities Site Utilities Credit Other ($20,009.00) 32 01-10 00-General Requirements Management Costs Add Other $51,000.00 33 80-10 00-General Liability Insurance Insurance Other $17,987.19 34 81-00 30-GC/CM Bond Bond Other $16,050.00 35 91-00 00-Contractor Fee Fee Other $50,565.00 Subtotal: $831,957.70 Grand Total: $831,957.70 The original(Contract Sum) $8,193,853.00 Net change by previously authorized Change Orders $209,944.51 The contract sum prior to this Change Order was $8,403,797.51 The contract sum would be changed by this Change Order in the amount of $831,957.70 The new contract sum including this Change Order will be $9,235,755.21 The contract time will not be changed by this Change Order. • • Marker Construction Group page 2 of 3 Printed On:5/30/2019 04:52 PM 111/I/AR KE R PCCO #005 BUILD BETTER. David Wallace(DLW Architect) City of Tamarac The Marker Group,LLC 2020 NE 163rd Street 7525 NW 88th Avenue The Marker Group,LLC.226 SE 12th Ave orth Mi $etch, Florida 33162 jrac, FIorid1 , ,derdale Florida 313301 SIGNA UR ATE SIGNATURE DATE SIGNA RE D T Marker Construction Group page 3 of 3 Printed On:5/30/2019 04:52 PM RP/ R KE R PCO #025 BUILD BETTER Marker Construction Group Project:2018-002-Country Club&Cart Barn at Colony West 226 SE 12th Ave 6800 NW 88th Avenue Fort Lauderdale,Florida 33301 Tamarac, Florida 33321 Phone:(954)767-9767 Prime Contract Potential Change Order #025: Colony West Clubhouse - Rev GMP TO: City of Tamarac FROM: The Marker Group, LLC 7525 NW 88th Avenue The Marker Group,LLC.226 SE 12th Ave Tamarac Florida,33321-2401 Fort Lauderdale Florida,33301 PCO NUMBER/REVISION: 025/0 CONTRACT: 1 -Country Club&Cart Barn at Colony West (PO#220701) REQUEST RECEIVED FROM: CREATED BY: Sharlene Roca (The Marker Group,LLC) STATUS: Pending-In Review CREATED DATE: 5/30/2019 REFERENCE: PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: PAID IN FULL: No TOTAL AMOUNT: $831,957.70 POTENTIAL CHANGE ORDER TITLE:Colony West Clubhouse-Rev GMP CHANGE REASON: Design Development POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) CE#041-Colony West Clubhouse-Rev GMP Revised budget for the Colony West Clubhouse&Bart Barn project to update the project GMP based on the following items/revisions in the scope and as per the attached marked up ID drawings&door schedule/storefront revisions&Restekc Rev#2(various dates)MEP drawings: Extended GC's included for an additional 30 days through 7/3/20.An additional 15 days without liquidated damages will be included to be added onto our previous agreed upon extension. ATTACHMENTS: 05.29.19rev10 GMPW Clarifications.pdf VE Storefront Dwgs.pdf VE ID drawings 05.22.19.pdf Pavers.pdf Cost Code Description Type Amount 1 02-40 00-Demolition Demolition Credit Other (515,740.00) 2 03-31 00-Structural Concrete Shell Buyout Add Other $169,530.00 3 04-22 00-Concrete Unit Masonry Eliminated Stone Cladding Credit Other (551,659.00) 4 05-50 00-Misc.Metals Misc Metals Add Other $5,212.00 5 06-40 00-Architectural Woodwork (2)Benches in Locker Rm Other $1,000.00 6 07-50 00-Membrane Roofing Roofing Add Other $51,230.00 7 07-10 00-Waterproofing Waterproofing Add Other 519,280.00 8 08-14 00-Wood Doors&Frames DFH Add Other 580,234.06 9 08-43 00-Storefront Glass Storefront Credit Other ($48,637.00) 10 09-20 00-Plaster&Gypsum Board Drywall&Framing Add Other $240,865.00 11 09-50 00-Acoustical Ceilings ACT Add Other $10,000.00 12 09-54 00-Specialty Ceilings Wood Ceiling Deduct Other ($52,500.00) 13 09-24 23-Cement Stucco Stucco Deduct Other ($83,612.00) 14 09-63 00-Resilient Flooring Flooring Add Other $150,394.00 15 09-90 00-Painting Paint Add Other S67,609.00 Marker Construction Group page 1 of 2 Printed On:5/30/2019 04:47 PM 111/1/AR KE R PCO #025 BUILD BETTER. 16 10-44 00-Fire Extinguishers(New) Fire Extinguishers&Bathroom Accessories/Standard Prefabricated Stock Lockers Other $14,836.00 17 10-73 13-Awnings Aluminum Canopy Other $6,500.00 18 10-22 00-Toilet Partitions Operable Partition Credit Other ($5,102.00) 19 12-36 00-Countertops Countertops Other $43,423.81 20 14-20 00-Elevators Elevators Add Other $2,706.00 21 14-10 00-Dumbwaiters Dumbwaiter Add Other $37,916.00 22 21-10 00-Fire Suppression Systems Fire Protection Add Other $9,633.34 23 22-00 10-Plumbing Plumbing&Fixtures Add Other $20,782.00 24 23-00 10-H.V.A.C. HVAC deduct Other ($24,282.00) 25 26-00 10-Electrical Electrical&Light Fixtures Add Other $261,650.00 26 28-05 37-BDA BDA Allowance Credit Other ($35,100.00) 27 26-56 13-Site Lighting Site Lighting Allowance Credit Other ($33,980.00) 28 32-12 16-Asphalt Asphalt Credit Other ($68,303.70) 29 32-14 00-Unit Paving Pavers Credit Other ($34,592.00) 30 32-90 00-Landscaping Landscape&Irrigation Credit Other ($22,929.00) 31 33-10 00-Water Utilities Site Utilities Credit Other ($20,009.00) 32 01-10 00-General Requirements Management Costs Add Other $51,000.00 33 80-10 00-General Liability Insurance Insurance Other $17,987.19 34 81-00 30-GC/CM Bond Bond Other $16,050.00 35 91-00 00-Contractor Fee Fee Other $50,565.00 Subtotal: $831,957.70 Grand Total: $831,957.70 David Wallace(DLW Architect) City of Tamarac The Marker Group,LLC 2020 NE 163rh�Street 7525 NW 88th Avenue The Marker Group,LLC.226 SE 2th Ave orth MVmi e\h Florida 33162 Tamarac Florida 33321-2401 rt Lauderdale Florida 3330 \ l _,,r-4 itkit . 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