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IP #888
For the full report on 0 this improvement 0 project, refer to the City Council agenda packets and/or 0 0 0 Planning COMMISSIor, agen PROJECT NO. 888 Public Works Painting Res. 2011 -127 9/12/11 Resolution awarding a contract for $69,180 to Rainbow Inc. for an interior painting project at the New Hope Public Works facility (project 888) 12 -10 1/9/12 Resolution accepting the interior painting project at the New Hope Public Works facility garage and approving the final payment request to Rainbow Inc. for $69,180 (project 888) COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works September 12, 2011 Develop Planning Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8 . 3 Resolution awarding a contract for $69,180 to Rainbow Inc. for an interior painting project at the New Hope Public Works facility (project 888) Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Rainbow Inc. in the amount of $69,180 for the cleaning and painting of the Public Works facility's parking garage interior. Policy /Past Practice The City Council routinely considers infrastructure improvement projects to extend the useful life of the infrastructure and /or improve the level of service. Background Over the years, components of the building have been repaired or replaced, including the replacement of overhead doors, heating and air handling systems, as well as replacement of the passage doors. A portion of the parking garage walls were repainted in the mid -80's, the parking garage ceiling has not been painted since the building was constructed in 1980. Whereas all of the city vehicles had gasoline engines when the city's Public Works department moved into the new facility in 1980, all of the large vehicles and most of the smaller vehicles have had diesel engines for the last 20 years. The span of time since the parking garage was last painted and the exhaust from the diesel engines over the last 20 years contribute to the existing poor condition of the facility's parking garage. The cleaning and painting of the parking garage is included as an item in the 2011 Capital Improvement Program (CIP) for the Public Works facility. MOTION BY 2 C SECOND BY �' } TO: r I:rfa \ Pubworks\ 2011 \ 888 PW Garage Interior Painting Award Contract Request for Action September 12, 2011 Page 2 City staff has solicited and received three quotes for the painting of the parking garage interior at the Public Works facility. The quote received from Rainbow Inc., at $69,180, was deemed to be the lowest responsible quote. Rainbow Inc. is a local company that the city has worked with in the past. The company has provided the city with excellent service and a quality product. Quotes were received from the following contractors: Contractor Total Bid Rainbow Inc. $69,180 Swanson & Youngdale $80,645 TMI Coatings Inc. $143,100 Funding Rainbow Inc.'s quote to paint the parking garage interior is $69,180. The city's 2011 CIP has $120,000 budgeted for this project. Funding would be through the equipment replacement fund. Attachments A copy of the resolution, engineer's letter, and the bid tab are attached. City of New Hope Resolution No. 11 -127 Resolution awarding a contract for $69,180 to Rainbow Inc. for an interior painting project at the New Hope Public Works facility (project 888) WHEREAS, the city of New Hope prepares a five -year capital improvement program (CIP) as a guiding document for improvement projects to assist with the preparation of each annual operating budget; and, WHEREAS, city staff has identified the need to paint the interior of the parking garage at the Public Works facility in the city's 2010 — 2014 CIP; and, WHEREAS, a representative from the city's consultant engineering firm has reviewed the project and contract terms for the work; and, WHEREAS, the quote from Rainbow Inc. in the amount of $69,180 for cleaning and painting of the parking garage is the lowest responsible quote submitted; and, WHEREAS, the Council does hereby determine to proceed with painting the parking garage at the Public Works facility; and, WHEREAS, funding is available in the central garage replacement reserve fund for this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for painting the interior of the parking garage at the Public Works facility is awarded to Rainbow Inc.; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of September 2011. Mayor Attest:` City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com August 16, 2011 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: New Hope Public Works Facility Interior Painting Project City Improvement Project No. 888 Project No. 000034 - 11239 -0 Bid Results Dear Honorable Mayor and City Council: S= Bids were received and opened for the Project stated above on Tuesday, August 16, 2011, at 2 P.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of three Bids received: Rainbow, Inc., Swanson & Youngdale, and TMI Coatings. The following summarizes the results of the acceptable Bids received: Swanson & Construction Bid Comparisons Rainbow, Inc. Youngdale Total Base Bid $143,100.00 The low Bidder on the Project was Rainbow, Inc. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Rainbow, Inc. should be awarded the Project on the Total Bid Amount of $69,180. Should you have any questions, please feel free to contact me at (651 ) 604 -4849. Sincerely, :• •i• �w �' fuk# Bruc .P aulson, Enclosure I IOZ 0 z L: 0 c i cp E m z z 0 CL u O O Lo "k 14 u 6 z z 0 C, q Cl LD b ' o. F '4 < V) E2 Z uj w L) z LL , ZEZ 0 § <Z Ln z , z w < o 0 uj / / » § < lu 2: V) k El — z z / {/ / } T C: - - o 0 � 0 � �� \� \ƒ 43 q I C> C) c B 1 6 Z Cft c C, c� c) a f Z c S c 1 1 c qa co co A- I r- V in to c 0 Ln z mc 66 r o L co g r t L'no C) ,f E Ln Lo r a, m - 14 u 6 z z 0 C, q Cl LD b ' o. F '4 < V) E2 Z uj w L) z LL , ZEZ 0 § <Z Ln z , z w < o 0 uj / / » § < lu 2: V) k El — z z / {/ / } T C: - - o 0 � 0 � �� \� \ƒ 43 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651 -636 -1311 www.bonestroo.com September 15, 2011 Mr. Steve Smith Rainbow, Inc. 732436 th Ave. N Minneapolis, MN 55427 Re: City of New Hope, Minnesota Public Works Facility Interior Painting Project Project No. 000034 - 11239 -0 Notice of Award /Contract Documents Dear Mr. Smith: You are notified that your Bid dated August 16, 2011, for the above- referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $69,180 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above - referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Rainbow, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo (now Stantec), Attention: Bruce Paulson Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre- construction conference will be scheduled with you and the City of New Hope to review the Project. Bruce t1w P Paulson, A.I.A. Enclosures: Four Contract Documents cc: Kirk McDonald, City of New Hope Valerie Leone, City of New Hope Steven Sondrall, City Attorney October 11, 2011 Mr. Steve Smith Rainbow, Inc. 7324 36th Avenue North New Hope, MN 55427 SUBJECT: Public Works Facility Interior Painting - Project No. 888 At its meeting of September 12, 2011, the New Hope City Council approved the contract with your company for project no. 888 for $69,180. Enclosed please find: • Two contract documents. Please submit one to your bonding company. Return of your bid security. Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Bruce Paulson at Bonestroo (now Stantec) at 651-636-4600 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures cc: Guy Johnson, director of public works Bruce Paulson, Bonestroo 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 * www. ci.new-hope.mn.us City Hall: 763-531-5100 * Police (non-emergency): 763-531-5170 ® Public Works: 763- 592 -6777: TDD: 763-531-5109 City Hall Fax: 763-531-5136 ® Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 Page: 002 Client #: 1379 RAININCI ACORD,., CERTIFICATE OF LIABILITY INSURANCE D CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 9 1 2812 /DD/VYYV) / 2 s/ 2 0 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MN- COMMERCIAL LINES PHONE FAX Ext : 612 34s -2400 (ac, No): 612 349 2490 (A 'C' COBB STRECKER DUNPHY & ZIMMERMANN I��' 150 S FIFTH ST STE 2800 ADDRESS: EACH OCCURRENCE $1 000000 MINNEAPOLIS, MN 55402 I NSURER(S) AFFORDING COVERAGE NAIC # INSURER PHOENIX INSURANCE COMPANY INSURED INSURERS: NAVIGATORS INSURANCE COMPANY $300,000 RAINBOW INC I NSURER C TRAVELERS PROPERTY CASUALTY CO/ PERSONAL &ADV INJURY 7324 36TH AVE N P NEW HOPE, MN 55427 INSURER D: • INSURER E GENERAL AGGREGATE INSURER F COVERAGES CERTIFICATE NUMBER: RFVISInN NUMIRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD /YYYY) POLICY EXP (MM /DDtYYVV) LIMITS A GENERAL LIABILITY DTC09813BO92PHX 10/01/2011 10/01/2012 EACH OCCURRENCE $1 000000 • COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,000 • XCU • CONTRACTUAL LIAB GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS - COMPIOP AGG $2, 000,000 POL X PRO LOC JECT $ A AUTOMOBILE LIABILITY DT8109813BO92PHX 10/01/2011 10/01/2012 OM ED LIMIT ( Ea $1 ,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWN ED SCHEDULED AUTOS AUTOS R Per accident BODILY INJURY ( ) $ NON -OWNED HIRED AUTOS X AUTOS X PROP= AMAGE Per $ B X UMBRELLA LIAB I V OCCUR CH11 EXCO94714IV 10/01/2011 10101/2012 EACH OCCURRENCE s5 AGGREGATE $5, 000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $0 $ C WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y IN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? NIA DTJUB9813B09211 10(0112011 10101/2012 X wc TORY sTAT S oTH- IT E.L. EACHACCIDENT $500 000 E.L. DISEASE - EA EMPLOYEE $500,000 (Mandatory in NH) if yes, describe under DESCRIPTIONOF OPERATIONS below - E.L .DISEASE - POLICY LIMIT - -- $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) JOB #650; NEW HOPE PUBLIC WORKS FACILITY ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY, AUTOMOBILE LIABILITY AND UMBRELLA LIABILITY APPLIES ON A PRIMARY BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTORY: (See Attached Descriptions) -CM . I frl� I c nva.UOtt GANGt LLAI JUN BONESTROO INC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2335 W HWY 36 ACCORDANCE WITH THE POLICY PROVISIONS. ST PAUL, MN 55113 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S431104/M431088 V LH page: uvj BONESTROO INC THE CITY OF NEW HOPE (OWNER) o I I e ZU.a t4V I VIVUJ 4 OT Z #S431104IM431088 E el + 1 i I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. r 1 1 4 , Bruce P. Paulson Date: August 9, 2011 Reg. No. 20910 PROFESSIONAL CERTIFICATIONS c0 2011 Bonestroo ( 000034 - 11239 -0 000105-1 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 — Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 1113 Invitation for Bids 00 20 00 Instructions to Bidders — AIA Document A701 -1997 0021 13 Supplementary Instructions 00 41 00 Bid Form 00 43 00 Bid Bond — AIA Document A310 -1970 Contracting Requirements 00 52 00 Agreement Form — AIA Document A101 -2007 0061 13 Performance Bond — AIA Document A312 -1984 0061 15 Payment Bond — AIA Document A312 -1984 00 72 00 General Conditions — AIA Document A201 -2007 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01— General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 6000 Product Requirements 01 7000 Execution Requirements 01 7823 Operation and Maintenance Manuals 01 7836 Warranties Division 02 through 08 — Not Used Division 09 — Finishes 09 91 00 Painting DRAWINGS A1.01 Existing Main Level Floor Plan A1.02 Existing Mezzanine Floor Plan END OF SECTION TABLE OF CONTENTS O 2011 Bonestroo 1000034-11239-0 0001 10-1 The City of New Hope, Minnesota, hereby gives notice that Sealed Bids (faxes will not be considered Sealed Bids) will be received in the office of the City Clerk, 4401 Xylon Avenue North, New Hope, Minnesota, for the New Hope Public Works Facility Interior Painting Project, City Improvement Project No. 888. Sealed Bids will be received until 2 P.M., CDT, on Tuesday, August 16, 2011, at the New Hope City Offices, at which time and place the City Clerk and City Engineer, or their designated representative, shall publicly open and read aloud the Bids. Sealed Bids arriving after the designated time will be returned unopened. In general, this Project will consist of the cleaning and re- painting of the walls, metal doors and frames, wood door frames, overhead door panels, steel stair, steel roof joists, and metal roof decking in the Vehicle Parking Room of the New Hope Public Works Facility. BIDS: To be considered, Bids must be sealed and addressed to the City Clerk, City of New Hope, 4401 Xylon Avenue North, New Hope, Minnesota 55428. Bids must be endorsed with the name and address of the Bidder and the Contract for which the Bid is being submitted. The estimated construction cost for this Project is $55,000. Bidding Documents may be purchased by credit card at www.bonestroo.com (follow the Plan Room link) for a fee of $30 for a paper copy or for a fee of $20 for a downloadable digital copy. Bidders may also purchase a paper copy of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636 -4600, with a check for a fee of $30. Bidding Documents may be viewed at the Issuing Office. Direct inquiries to the Architect's Project Manager Bruce Paulson at (651) 604 -4849. A Pre -Bid Meeting will be held on Thursday, August 11, 2011, at 9 A.M., CDT, at New Hope Public Works Facility, 5500 International Drive, New Hope, Minnesota. All Contractors wishing to submit a Bid on this Project should attend the Pre -Bid Meeting. This will be the only opportunity to tour the buildings included in this Project prior to the Bid due date. BID SECURITY: No Bid will be considered which is not accompanied by a cash deposit, certified check, cashier's check, or satisfactory bid bond payable to the City of New Hope in an amount of not less than 5 percent of the Bid amount. Bids may not be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The City of New Hope, Minnesota, reserves the right to reject any and all Bids, waive any minor irregularities in bidding, or to accept the Bid or bids which best serve the interest of the City of New Hope. The City Council will consider award of a Contract at its regular meeting to be held on Monday, August 22, 2011, in the City Council Chambers at 4401 Xylon Avenue North, New Hope, Minnesota. Issued by the authority of the City Council of the City of New Hope on the 9th day of August 2011. INVITATION FOR BIDS © 2011 Bonestroo 1000034-11239-0 00 11 13-1 ���y�" Document TM — 1997 Instructions to Bidders for the following PROJECT: (Nance and I0Cati017 or address) New Hope Public Works Facility Interior Painting Project City Improvement Project No. 888 ADDITIONS AND DELETIONS: 5500 International Pkwy. The author of this document has New Hope, MN added information needed for its completion. The author may also THE OWNER: have revised the text of the original (Name, legal status and address) AIA standard form. An Additions and City of New Hope Deletions Report that notes added 4401 Xylon Avenue North information as well as revisions to the New Hope, MN 55428 -4848 standard form text is available from the author and should be reviewed. A THE ARCHITECT: vertical line in the left margin of this (Name, legal status and address) document indicates where the author Bonestroo, Inc. has added necessary information 2335 W. Highway 36 and where the author has added to or St. Paul, MN 55113 deleted from the original AIA text. This document has important legal consequences. Consultation with an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1 DEFINITIONS 2 BIDDER'S REPRESENTATIONS 3 BIDDING DOCUMENTS 4 BIDDING PROCEDURES 5 CONSIDERATION OF BIDS 6 POST -BID INFORMATION 7 PERFORMANCE BOND AND PAYMENT BOND 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AIA uocument A701 T" —1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. T i:. 414:. IF -N It ll I.) U u,i.,f of tli:in rt I,l i 4 I Iii ii>. ;. Ic,7 . ii 'I I 1- 11 if is I;•f I' i" I ^. II _ n:: I'l i;d, it I i ic: ,It !r 0, d ; i,; uir -'I ( r: H i, F, .n I v.Ill b,.d I c II J' I,; i r I) .air r,r .. , :.: it I W:- it 1; —This document was produced by AIA software at 15:55:08 on 07/11/2011 under Order No. 7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934446385) ARTICLE 1 DEFINITIONS § 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract. § 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents. § 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. § 1.4 A Bid is a complete and properly executed proposal to do the Work for the sutns stipulated therein, submitted in accordance with the Bidding Documents. § 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or fi•om which Work may be deleted for sums stated in Alternate Bids. § 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. § 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. § 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. § 1.9 A Sub - bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER'S REPRESENTATIONS § 2.1 The Bidder by making a Bid represents that: § 2.1.1 The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction. § 2,1.2 The Bid is made ill compliance with the Bidding Documents. § 2.1.3 The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. § 2.1.4 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception. ARTICLE 3 BIDDING DOCUMENTS § 3.1 COPIES § 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted fi the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be refunded. § 3.1.2 Bidding Documents will not be issued directly to Sub - bidders unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary instructions to bidders. AIA Document A701 — 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. t`t'r.r,' :ING: Ti i� 4d4 1 _[,Li ,t 1slick.t. 1, dl, U ( n i - I= , ) dh' n irr;I I Ai;t- 0r s 1( (11 �1i%. i )!-I i:..�ti �: is elf nWJI..�i'1 � t;Ij 1!( ,'`it r u=.:Itit \: , C1,il.i�: fit 'iwl 1 i..... .u..lt.iICr.. >rinr,i C,.i is ...il <t W, t rlr.,,Thisdocumentwas produced by AIA software at 15:55:08 on 07/11/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934446385) § 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting fi the use of incomplete sets of Bidding Documents. § 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents. § 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS § 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered. § 3.2.2 Bidders and Sub - bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids. § 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. § 3.3 SUBSTITUTIONS § 3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. § 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final. § 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. § 3.3.4 No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents. § 3.4 ADDENDA § 3.4.1 Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents. § 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. § 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. § 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. ARTICLE 4 BIDDING PROCEDURES § 4.1 PREPARATION OF BIDS § 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents. AIA Document A701 TM - 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. VVAF `, IFIG: TPir -.IA. Ic. .r:. A pIO I..dl, (,.,i, 1 I� ::d ( .1 :1 :ar,:. th )Wc,:;(d, :.Ic:I ti I: a Li' Ili_ - , c. 1 w, Fl Itc,c,u.:III ,I;jIj, 3 I ,Jic i _ it 1 j n rest,It it i.i k u c (I u : 'i_IM , !IiC.. a: (1 V. ill c. i i -, .:6. -d If- fi._ : :_I n!u) , ,1. id r:t. t ici.: ! :, Ir This document was produced by AIA software at 15:55:08 on 07/11/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934446385) § 4.1.2 All blanks on the bid form shall be legibly executed in a non - erasable medium § 4.1.3 Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. § 4.1.4 Inter] ineations, alterations and erasures must be initialed by the signer of the Bid. § 41.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." § 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner. § 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. § 4.2 BID SECURITY § 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2. § 4.2.2Ifa suretybond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney -in -fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. § 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected. § 4.3 SUBMISSION OF BIDS § 4.3.1 All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. § 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. § 4.3.3 The Bidder shall assure full responsibility for timely delivery at the location designated for receipt of Bids. § 4.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered. § 4.4 MODIFICATION OR WITHDRAWAL OF BID § 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. § 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the AIA Document A701 TO 1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. '.vr.R'AN G: TI 4141 I.c.,ii is lrcL 1 L, I C: n I (: r.th tiu dur -II r; 14 rlt.ci rd m,acrl tr r[• ti'_.dr i •9t it, MA Irt—u��i�t ci of 4 if . c i. it ; t": c nr cud c; Ili:.. m ci v.01 . r : i r ivai t. tl.: r,F i n.tn r .l ni __: ib c r id, e k r This document was produced by AIA software at 15:55:08 on 07/11/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934446385) signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time- stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid. § 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. § 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted. ARTICLE 5 CONSIDERATION OF BIDS § 5.1 OPENING OF BIDS At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders. § 5.2 REJECTION OF BIDS The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection. § 5.3 ACCEPTANCE OF BiD (AWARD) § 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. § 5.3.2 The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST -BID INFORMATION § 6.1 CONTRACTOR'S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. § 6.2 OWNER'S FINANCIAL CAPABILITY The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor. § 6.3 SUBMITTALS § 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Architect in writing; .1 a designation of the Work to be performed with the Bidder's own forces; .2 names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and .3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work. § 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. § 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) AIA Document A701'" —1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved, t�' .R t.lt! TI i rlI:t. r p cd, C1* d i•� ,I, (. i;�,i;.l 1 r: u J h•'� n ,i u.: 1 ti - , 5 Ui ,i c, -rii t ie.d 'Cli: i t i I. II i f 1 6 I It ,._.q eta �t, C, .n p 5 I li i :.It ,r u,•II i ;: cliru i d ..c H ,. al:d ill ;, . ;•i .: c . f it t. U:, r,; a i nun , :-.i u1 silre , xh: i.,c I, t:. This document was produced by AIA software at 15:55:08 on 07/1112011 under Order No.7813932681 1 which expires on 07/12/2012, and is not for resale. User Notes: (1934446385) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited. § 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND § 7.1 BOND REQUIREMENTS § 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources. § 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum. § 7.1.3 If the Owner requires that bonds be secured ftom other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents. § 7.2 TIME OF DELIVERY AND FORM OF BONDS § 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1. § 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Perfornnance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum. § 7.2.3 The bonds shall be dated on or after the date of the Contract. § 7.2.4 The Bidder shall require the attorney -in -fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum. AIA Document A701 TO 1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. l`,•' .R IPIG: T I p Ld 4; Na Inc (.i: bL i-IF l i.+ nrlh`iiu i ,1-11... .ti -; t4 11u'rd'. -Oil' , tlioI .this'd" 0i•:.n.,:� hl, cl W - 6 slticr... it t:r, X,..11;1 - c i.11. 1,1. enini.I t, Ifr., ,,rd a dl-.eci..,uld t_tlmr.. i 1,un. e a, rt. c.A, c i ul._ Iu 1: Thisdocumentwas produced by AIA software at 15:55:08 on 07/11/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934446385) The Supplementary Instructions to Bidders modify, delete, and /or add to the Instructions to Bidders. Where any article, paragraph, or subparagraph in the Instructions to Bidders is supplemented by 1 of the following articles, paragraphs, or subparagraphs, the provisions of such article, paragraph, or subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any article, paragraph, or subparagraph in the Instructions to Bidders is not supplemented, amended, voided, or superseded by any of the following articles, paragraphs, or subparagraphs, the provisions of such article, paragraph, or subparagraph not so amended, voided, or superseded shall remain in effect. ARTICLE 3 - BIDDING DOCUMENTS A. Delete Subparagraph 3.1.1 in its entirety, and substitute the following: 3.1.1 Bidders and Sub - bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement for Bids in the number and for the non - refundable sum stated therein. B. Delete Subparagraph 3.1.2 in its entirety. C. Delete Paragraph 3.3 in its entirety, and substitute the following: 3.3 SUBSTITUTIONS 3.3.1 The materials, products, systems, and equipment shown and described in the Contract Documents establish a standard of required design, function, dimension, appearance, and quality to be met by any proposed substitution. 3.3.2 When a single manufacturer of material, product, system, or equipment is specifically named and specified, no substitution will be allowed. 3.3.3 When more than 1 manufacturer of material, product, system, or equipment is listed under the same heading, choice of those listed shall be the Bidder's option. One manufacturer may be identified and specified as reference to establish a standard of design, function, and quality; and when another is considered, the Bidder before purchase or use shall be expected to submit such data as may be necessary to prove equivalency to that specified. Consideration for equivalency is subject to approval of the Architect as accepting minor and normal variations from that specified. Should any part of associated construction be changed because of substitute acceptance, such changes shall be outlined by the proposer and the cost of such changes shall be included as part of the work of accepted substitute. 3.3.4 Optional products, systems, and equipment will be considered in accordance with Section 0160 00, Paragraph 1.05. SUPPLEMENTARY INSTRUCTIONS © 2011 Bonestroo 1000034-11239-0 01 13-1 ARTICLE 4 - BIDDING PROCEDURE A. Delete Paragraph 4.2.1 in its entirety and substitute the following: 4.2.1 Each Bid must be accompanied by a Bid Security made payable to Owner in an amount of 5 percent of the Bidder's maximum Bid Price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of the General Conditions. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. B. Add Paragraph 4.3.1.1 as follows: 4.3.1.1 Each prospective Bidder is furnished 1 copy of the Bidding Documents with 1 separate unbound copy each of the Bid Form, and, if required, the Bid Bond. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. C. Delete Paragraph 4.4.1 in its entirety and substitute the following: 4.4.1 Bids may be withdrawn after Bid Opening only in accordance with the law. A. Add the following to Paragraph 6.1: If the Architect requests the submission of a Contractor's Qualification Statement, AIA Document A305, said document shall be submitted within 10 days of request. ARTICLE 7 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND A. Delete Paragraph 7.1.2 in its entirety and substitute the following: 7.1.2 The cost of bonds and insurance shall be included in the Bid. B. Delete Paragraph 7.2.1 in its entirety and substitute the following: 7.2.1 The Bidder shall deliver the required bonds to the Owner when the Bidder delivers the executed Agreement to the Owner. SUPPLEMENTARY INSTRUCTIONS © 2011 Bonestroo 1000034-11239-0 0021 13-2 BIDDER: Rainbow Inc. DOCUMENT 00 4100 THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 BID FORM PUBLIC WORKS FACILITY INTERIOR PAINTING PROJECT PROJECT NO. 000034 - 11239 -0 NEW HOPE, MINNESOTA 2011 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents, 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security, The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. A B Addendum Date 8 -11 -I1 8 -12 -11 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and proqrams incident thereto. 000034- 11239 -0 © 2011 Bonestroo 00 41 00 -1 BID FORM F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents, G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. i H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions, Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid Items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPE OF WORK DEFINED IN THE PROJECT LS SPECIFICATIONS AND DRAWINGS TOTAL BASE BID 000034 - 11239 -0 D 2011 Bonestroo 0041 00 -2 $ 69,180.00 i BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on 8 -16- , 2011. If Bidder Is: An Individual Name (typed or printed): B y' (SEAL) (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: 000034- 11239 -0 © 2011 Bonestroo 00 41 00 -3 BID FORM A Partnership A Corporation Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Rainbow Inc. Corporation Name: (SEAL) State of Incorporation: Minnesota Type (General Business, Professional, Service, Limited Liability): _ General Busin z (Signature) Name (typed or printed): Steve Smith Title: Project Manager Attest `.. r (CORPORATE SEAL) (Signature of Corporat ary) Business S t Address (No P.O. Box #'s): 7324 36th Ave North Mpis. MN. 55427 Phone No.: 7 63- 535 -4041 Fax No.: 763- 535 -0299 00003411239 -0 © 2011 Bonestroo 00 41 00 -4 BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Rainbow Inc. 7324 36th Avenue North New Hope, MN 55427 as Principal, hereinafter called the Principal, and Universal Surety Company P. O. Box 80468 Lincoln NE 68501 i corporation duly organized under the laws of the State of NE Is Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE 4401 X ion Avenue North, New Ho e, MN Is Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% � )r the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, xecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. VHEREAS, the Principal has submitted a bid for C ity Improvement Project No. 888; New Hope Public Works Facility edor Painting Project OW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with ie Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or ontract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt ayment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter ich Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the malty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith ►ntract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise remain in full force and effect. gned and sealed this 16th day of August 1 2011 r Rninhnw Inr AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION , state of Minnesota ) ) ss. On this 16 County day of — August 2011 ) before me appeared - S e- -, '-, e-c- 0 L ,, to me personally known who, being by me is - . duly sworn, did say that -- — the - %C-e- ' of RAINBOW, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said acknowledged said instrument to be the free act and deed of said corporation. OLI BONNIE L. AF Notary Public County, Notary Public-Minn esota My commission expires my commission Exoms Jan 31, 2015 ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 16 t h I day of August 2011 7ounty of HENWEPIN ) before me appeared Linda K. French to me personally known, who, being by me duly sworn, did say that she Ls the Attorney-in-Fact 7f UNIVERSAL SURETY COMPANY a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said �nstrument was executed in behalf of said corporation by authority of its iloard of Directors; and that said Linda K. French acknowledged said I .nstrument to be the free act and deed of said c -rnoration Notary Public dountv, SANDRA M. My commission expires NOTARY PUBLIC- MINNESOTA My Commission Expires Jan. 31, 2016 k a , Lincoln, Nebraska POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the UNIVERSAL SURETY COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit: "Article V- Section 6. RESIDENT OFFICERS AND ATTORNEYS -IN-FACT. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice Presidents and Attomeys•In -Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time." does hereby make, constitute and appoint Rachel Thomas, New Brighton, Minnesota or John P. Martinsen or Donald R. Olson, Plymouth, Minnesota or Bruce N. Telander, South St. Paul, Minnesota or Linda K. French or Craig Remick, Forest Lake, Minnesota or John E. Tauer or Nicole Nelson, Apple Valley, Minnesota or R. W. Frank, Bloomington, Minnesota or R. Scott Egginton, Eden Prairie, Minnesota or Joshua R. Loftis, Minneapolis, Minnesota its true and lawful Attomey(syin -Fact, to make, execute, seal and deliver for and on its behalf, as Surety: Any and all undertakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the UNIVERSAL SURETY COMPANY, held on July 23,198 1: "RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attomey executed in accordance with Article V- Section 6 of the Company Bylaws: and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, UNIVERSAL SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 25th day of February - 20 10 Secretary By State of Nebraska S$. County of Lancaster UNIVERSAL SURETY COMPANY Assistant Secretary �f { COPPOAAIE Vice President t sw Ba A. On this 25th day of February 20 10 , before me personally came Curtis L Hartter, to me known, who being by me duly sworn, did depose and say that (s)he resides in the County of Lancaster, State of Nebraska; that (s)he is the Vice President of the UNIVERSAL SURETY COMPANY, the corporation described in and which executed the above instrument; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seat that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order, and that Bylaw, Article V- Section 6, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. TARA MAR77IH COM Exp. Feb. I6, 2024 My Commission Expires February 16, 2014. Notary Public 1, Cheryl A. Brown, Assistant Secretary of UNIVERSAL SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNIVERSAL SURETY COMPANY, which is still in full force and effect. Signed and sealed at the City of Lincoln, Nebraska this 16th day of Augu 20 11 Assistant Secretary M mow` Document 1 101'm- 2001, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twelfth day of September in the year Two Thousand Eleven (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner, added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of New Hope AIA standard form. An Additions and 4401 Xylon Avenue North Deletions Report that notes added New Hope, MN 55428-4898 information as well as revisions to the Telephone Number: 763-531-5 100 standard form text is available from Fax Number: 763-531-5136 the author and should be reviewed. A vertical line in the left margin of this and the Contractor: document indicates where the author (Name, legal status, address and other information) has added necessary information and where the author has added to or Rainbow, Inc. deleted from the original AIA text. 7324 36th Avenue North This document has important legal Minneapolis, MN 55427 consequences. Consultation with an Telephone Number: 763-535-4041 attorney is encouraged with respect Fax Number: 763 - 535 -0299 to its completion or modification. for the following Project: AIA Document A201Tm-2007, (Name, location and detailed description) General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use New Hope Public N Facility Interior Painting Project with other general conditions unless City Improvement Project No. 888 this document is modified. 5500 International Pkwy. New Hope, MN The Architect: (Name, legal status, address and other information) Bonestroo, Inc. 2335 W. Highway 36 St. Paul, MN 55113 Telephone Number: 651-636-4600 Fax Number: 651-636-1311 The Owner and Contractor agree as follows. AIA Document A1101T - 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:07:15 on 09/16/2011 under Order No.78139326811 which expires on 07/12/2012, and is not for resale. User Notes: (1986279281) TABLE OF ARTICLES I THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement or as follows: (Insert number of calendar days. A Iternatively, a calendar date may be used when coordinated with the date of commencement If appropriate, insert requirements, for earlier Substantial Completion of certain portions of the Work.) I The Contractor shall achieve Substantial Completion of the entire Work not later than October 28, 2011. AIA Document A11011' —2007. Copyright 01915,1918,1925,1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 2 maximum extent possible under the law. This document was produced byAlA software at 09:07:15 on 09/162011 under Order No.78139326811 which expires on 07/12/2012, and is not for resale. User Notes: (1986279281) (Row deleted) Final Completion November 11, 2011 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Sixty-nine Thousand One Hundred Eighty Dollars and Zero Cents ($ 69,180.00 subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Tenth day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Tenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period oftime) § 5.1 .4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Init. AIA Document A1101� —2007. Copyright (D 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 3 maximum extent possible under the law. This document was produced by AIA software at 09:07:15 on 09/16/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1986279281) § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A20 I Tm-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5,00 O/o); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 ofA[A Document A 201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007, § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5. 1, 6 1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. Init. AIA Document A101TM —2007. Copyright (D1915,1918,1925,1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 4 maximum extent possible under the law. This document was produced by AIA software at 09:07:15 on 09/16/2011 under Order No.78139326811 which expires on 07/12/2012, and is not for resale. User Notes: (1986279281) (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) Arbitration pursuant to Section 15.4 of AIA Document A201-2007 Litigation in a court of competent jurisdiction Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents, § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 8.3 The Owner's representative: (Name, address and other information) Paul Coone 4401 Xylon Avenue North New Hope, NW 55428-4898 § 8.4 The Contractor's representative: (Name, address and other information) Steve Smith Rainbow, Inc. 7324 36"' Avenue North Minneapolis, MN 55427 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. AIA Documen —2007. Copyright 01915,1918,1925,1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ate Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:07:15 on 09/16/2011 under Order No.78139326811 which expires on 07/1212012, and is not for resale. User Notes: (1986279281) § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages 00 73 05 Supplementary 4 Conditions § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages 0001 10 Table of Contents 8/2011 See Attached Specification § 9.1.5 the Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) Title of Drawings exhibit Enclosed in the Specification — Contract documents Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages A 8/11/2011 3 B 8/12/2011 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201 TM -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-200 7provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) AIA Document A11011T —2007. Copyright 01915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 6 maximum extent possible under the law. This document was produced by AIA software at 09:07:15 on 09/16/2011 under Order No.78139326811 which expires on 07/12/2012, and is not for resale. User Notes: (1986279281) AIA Document A101- —2007. Copyright (D1915,1918,1925,1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ate Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:07:15 on 09/16/2011 under Order No.7813932681_1 which expires on 07/1212012, and is not for resale. User Notes: (1986279281) A Document A312 1984 TM Performance Bond CONTRACTOR (Name, Legal Status and SURETY (Name, Legal Status and Address): Principal Place of Business): Rainbow, Inc. Universal Surety Company 7324 36th Avenue North P.O. Box 80468 Minneapolis, MN 55426 Lincoln, NE 68501 OWNER ("Yame, Legal Status and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 CONSTRUCTION CONTRACT Date: September 12, 2011 Amount: $ 69,180, 00 Description (NaIne'and Location): New Hope Public Works Facility Interior Painting Project City Improvement Project No, 888 5500 International Pkwy. New Hope, MN BOND Date (Vot earlier than Construction Contract Date ): September 19, 2011 BOND NO. 116761 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Amount: $ 69,180.00 Sixty Nine Thousand One Hundred Eighty & 00/100 Any singular reference to Contract, Modifications to this Bond`. C � None See Section 13 Surety,'Owr ier or other party shall be nsidered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Seal) Company: (Corpo Rainbow, In Universal S ety Co Signature: A 4 t - (T4 Signature: Bruce N. Telander, Name and Name and Attorney-in-Fact Title: " Title: (Any additional signatures appear on the last page) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE Cobb Strecker Dunphy & ( Architect Engineer or other party): Zimmermann, Inc. Paul Coone 150 South 5th Street, Suite 2800 4401 Xylon Avenue North Minneapolis, MN 55402 New Hope, MN 55428 -4898 Init. AIA Document A312T —1984 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Lawand International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at / 08:50:28 on 09/16/2011 under Order No.7813932681_1 which expires on 07112/2012, and is not for resale. User Notes: (1986419024) § I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3.1. § 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: § 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right if any, subsequently to declare a Contractor Default; and § 3.2 The Owner has declared a Contractor Default and formally ternimated. the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Section 3.1; and § 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the ConstructionContract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner, § 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or § 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured With performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or § 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. § 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any, remedy available to the Owner. § 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act Under Section 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: Init. AIIA Document A312TM —1984 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 2 08:50:28 on 09/16/2011 under Order No.78139326811 which expires on 07/12/2012, and is not for resale. User Notes: (1986419024) § 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and § 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. § 7 The 1 , Construcl unrelated heirs, exe § 8 The ,c related su shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the )ntract, and the Balance of the Contract Price shall not be reduced or set off on account of any such lions. No right of action shall accrue on this Bond to any person or entity other than the Owner or its ,administrators or successors. of any change, including changes of time, to the Construction Contract or to and other obligations. 8 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its; obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.' § 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. § 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. ` § 12 DEFINITIONS § 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper; payments made to or on behalf of the Contractor under the Construction Contract. § 12.2' Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. § 12.4 Owner Default; Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Init. AIA Document A312m —1984 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Lawand 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 Iaw.This documentwas produced by AIA software at r 08:50.28 on 09/16/2011 under Order No.7813932681_1 which expires on 07/1212012, and is not for resale. User Notes: (1986419024) § 13 MODIFICATIONS TO THIS BOND ARE AG FOLLOWS: (Space is provided belowfor additional signatures of addedparties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title Name and Title: Address: Address: Init. xmovmm���*m= m�p�vmmn�o^�.nexmo�a m��emmo�e�om/o�� Ale Document is protect by ������ I ntern at i o n a l _'_-_.___--__��_--__..—.~.~..~'~..~~~ ~....e. '..=°.~.,° resu " " 4 smem�mmmumn�m m m m�we m maximum extent possible under the law. This document was produced uvAm software at / 08s0:28 on09/16120 1 under Order No. ra1u93eo !_1wmm`��esonomuo� m�anu/onm for res User Notes: ( 1986419024) A - AIA Document A312'm — 1984 1- Payment Bon CONTRACTOR (Name, Legal Statu an d Address): Rainbow, Inc. 7324 36th Avenue North Minneapolis, MN 55427 OWNER (Name, Legal Status and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 CONSTRUCTION CONTRACT Date', September 12, 2011 Amount: $ 69,180,00 Description (Name andLocation): SURETY (Name, Legal Status and Principal Place of Business): Universal Surety Company P.O. Box 80468 Lincoln, NE 68501 New Hope Public Works Facility Interior Painting Project City Improvement Project No. 888 5500 International Pkwy, New Hope, MN BOND Date (Not earlier than Construction Contract Date): September 19 2011 BOND NO. 116761 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. . Amount: $69,180.00 Sixty Nine Thousand One Hundred Eighty & 00/100 Any singular reference to Contract, Modifications to this Bond: None See Section 16 Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company, (Corporate Seal) Company: A(Corporate Seal) Rainbow, I nQ-,r �— Universal Sur Company Signature: 'Signature* Bruce N. Tel ander, Name and Name and Attorney-in-Fact Title: V4Q �j Title: (Any additional signatures appear on the last page) (FOR INFORMATION 0AILY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE Cobb Strecker Dunphy & (Architect, Engineer or otherparty): Zimmermann, Inc. Paul Coone 150 South 5th Street, Suite 2800 4401 Xylon Avenue North Minneapolis, MN 55402 New Hope, MN 55428-4898 Init. AIA Document A312T — 1984 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:51:59 on 09/16/2011 under Order No.78139326811 which expires on 07112/2012, and is not for resale. User Notes: (1163409004) § I The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. § 2 With respect to the Owner, this obligation shall be null and void if the Contractor: § 2.1 Promptly makes payment, directly or indirectly, for an sums due Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. § 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. § 4 The Surety shall have no obligation to Claimants under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 1 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance, § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or arrange for payment of any undisputed amounts. § 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have Under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. AIA Document A312TM —1984 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 2 08:51:59 on 09/16/2011 under Order No.78139326811 which expires on 07/1212012, and is not for resale. User Notes: (1163409004) § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 No suit or action shall be commenced by a Claimant Under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Section 4.1 or Section 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 15 DEFINITIONS § 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were farmished. § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. § 16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures ofaddedparties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Tide: Address: Frc ty i t ivv&G cl( � Address: ? � Sz AIA Document A3112TM — 1984 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:51:59 on 09/16/2011 under Order No.7813932681_1 which expires on 07/1212012, and is not for resale. User Notes: (1163409004) ACKNOWLEDGMENT OF CORPORATION State of Minnesota ) ) ss. On this V\ day of "e,- 2011 County OfA_e_n�Ny ) before me appeared Steve �mith to me personally known, who, being by me duly sworn, did say that he is the Project Manager of RAINBOW, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Steve Smith acknowledged said instrument to be the free act and deed of said corporation. OLD Notary Public BONNIE L ARN NotaTY public-Minnesota my commission My c.,.%ew I,#-$ jo 31, 2018 expires ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) County, ) ss. on this 19 th day of September 2011 7ounty of HENNEPIN ) before me appeared Bruce N. Telander to me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact 3 UNIVERSAL SURETY COMPANY a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed In behalf of said corporation by authority of its Board of Directors; and that said Bruce N. Telander acknowledged said instrument to be the free act and deed of said corporation. IS NICOLE MARIE NELSON NOTARY PUBLIC- MINNESOTA ....... ... My Commission Expires Jan. 31, 2015 ffi My commission expires UNIVERSAL SURETY COMPANY Lincoln, Nebraska KNOW ALL MEN BY THESE PRESENTS: That the UNIVERSAL SURETY COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit: "Article V- Section 6. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice Presidents and Attomeys -In -Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time." does hereby snake, constitute and appoint Rachel Thomas, New Brighton, Minnesota or Donald R. Olson, Plymouth, Minnesota or Bruce N. Telander, South St. Paul, Minnesota or Linda K. French or Craig Remick, Forest Lake, Minnesota or John E. Tauer or Nicole Nelson, Apple Valley, Minnesota or R. W. Frank, Bloomington, Minnesota or R. Scott Egginton, Eden Prairie, Minnesota or Joshua R. Loftis, Minneapolis, Minnesota its true and lawful Attomey(s} in -Fact, to make, execute, seal and deliver for and on its behalf, as Surety: Any and all undertakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the UNIVERSAL SURETY COMPANY, held on July 23, 1981: "RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article VSection 6 of the Company Bylaws: and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, UNIVERSAL SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 1St day of August 20 11 ( A l e & Secretary; 'Treasurer By State of Nebraska I ss. County of Lancaster UNIVERSAL SURETY COMPANY I �vYVY V'� 1 , {,W��' _ A SP ..•U•E•••:. s L;. CORPOflAiE President t yEAE 1 On this 1St day of August 1 20 11 , before me personally came Curtis L. Hartter, to me known, who being by me duly swom, did depose and say that (s)he resides in the County of Lancaster, State of Nebraska; that (s)he is the President of the UNIVERSAL SURETY COMPANY, the corporation described in and which executed the above instrument; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order; and that Bylaw, Article V- Section 6, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. alNeb�c� TARA MARTIN Comm. E . Feb. 26, 2014 My Commission Expires February 16, 2014. Notary Public I, Cheryl A. Brown, Assistant Secretary of UNIVERSAL SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNIVERSAL SURETY COMPANY, which is still in full force and effect. Signed and sealed at the City of Lincoln, Nebraska this 19th day of September 20 11 J J "'f � CW:POEFAiE i: Assistant Secretary "sit\at' ■ TM General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) New Hope Public Works Facility Interior Painting Project City Improvement Project No. 888 ADDITIONS AND DELETIONS: 5500 International Pkwy. The author of this document has New Hope, MN added information needed for its completion. The author may also THE OWNER: have revised the text of the original ( AIA standard form. An Additions and Na me, legal status and address) Deletions Report that notes added City of New Hope information as well as revisions to the 4401 Xylon Avenue North standard form text is available from New Hope, MN SS428 4898 the author and should be reviewed. A vertical line in the left margin of this THE ARCHITECT: document indicates where the author (Name, legal status and address) has added necessary information $onestroo, Inc. and where the author has added to or 2335 W. Highway 36 deleted from the original AIA text. St. Paul, MN 55 113 This document has important legal TABLE OF ARTICLES consequences. Consultation with an attorney is encouraged with respect 1 GENERAL PROVISIONS to its completion or modification. 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201 T - 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved 71;Fll7dG 1 u x i ! ! , I J . ! t I = �.. ao d n ! _ t ", 1 I 1 . ; ! i t h L.t ;.._i is - d. ci li , l tv_r _ it rr, % 1(mJI i) . !. :i it .,.!ii; ,1 ,!11.1 tx!, .i e C, II Lc This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/1212012, and is not for resale. User Notes: (1934191926) INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3,11.1 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 103, 1 5.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All -risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5,7.3.9,9. 2,9.3,9.4,9.5.1,9.6.3,9.7,9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3,1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 11.1,3.114,3.12.8,3 .12.10,4.1.2,4.2.1,4.2.2,4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.13,4.2,3.7.4, 15.2, 9.4. 1, 9.5 Architect's Approvals 2.4.1, 3.1.3, 3.5, 3.10.2, 427 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15,2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4,3.7.5,3.9.2, 3.9.3,3.10,3.11,3.12,3.16,3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 1 1A.1 Binding Dispute Resolution 9.7,11.3.9,11.3.10 ,13,1.1,1525,15.16.1,15,3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 1 1.3.9, 11.4 Building Permit 3.7.1 AIA Document A201 - 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved.:.'t:wltlG n u< z• pc n: ! t I : ni d i - r ...:d : : I i ;, i;.c 01 r itl 1 i; lac .,(ti(n:idis : ,,olci.c C - r:i.r�:.ttc ;i rr, a.It.ts is i�.il nlc. ir:) if ;Ii,u .a.ia,_,i.:;:ll(,rp,s�r,? tl:tl. ! in n - .:'r r` ; -o! th" I r I ti r iw This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1,2.4.1,3.4.2,3.7 .4,3.8.2.3,3.11.1,3.118,4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims l 5.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1,5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2. 4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.14, 15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9,8.1.1,8.13,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, 13.7 Compliance with Laws 1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4,13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 93.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.12.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.13, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 103.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American ]nit. Institute of Architects. All rights reserved.:. .t:taltua 'I - u _ , I f Z7 ia., tfi,: , , 9 :c I -. f i, I�r I =._ :a rl li`t u�:�f',: r � f I,,,... i`.ut'c is r. .. this �V Gk:, ,i f•_ ft. c. i ; f ; I,: ii I i f r, is =;.It , f _ sa: cr. it e� id c:if 'if ; I I„ 1. a.... _.i -ss i l do i r: ; I t' , ;� This document was produced by AlA software at 08:15:02 on 07/12/2011 under Order No.7813932681 _ 1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, l 0.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.83, 99.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2,3.2. 1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Copies Furnished of Drawings and Specifications 1. 5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 623, 7.3.33, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 1 1.3, 12.1.2, 1221, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11. I.1, 11.3, 12.2.4 Damage to the Work 3.14.2,9.9.1,1021.2,10.2.5,10.4.1,11.3.1,12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1,8.33,9.5.1.6,9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 426, 4.2.7, 4.2.1 1, 4.2.12, 4213, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 83.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2,14.2.2,1424,15.1,15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.11, 2.4.1, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1,1,3.1.1, 3.5,3.12.1,3.12.2,3.12.3,4.1.1, 15.1.1,5.1, 6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1 Delays and Extensions of Time 3.2,3.7.4,5.2.3 ,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1._5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 19, 3.18.2, 4.2.3, 4.2.6, 10.2, 10. 3.3,11.1.1,11.3.7,14.1,14.2.1.1 Equipment, Labor, Materials oi l. 1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 1021,10.2.4,14.2.1.1,14.11.2 Init. AIA Document A201 1 m — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved . )Ili(; I :, r, i I' S c L: i, It i 111 c I . , ,' 4 I.;.I. „.:•r ui:, li,;': i.:ut'c1, c' 11 i.. . f, Gc .d.. t: : ;. I,: c it , I,..:.li , .:,c i1 - 1,1 . ,: ui t I L.I , .i: e.. :: �:.II L% I,r:,e -, e, ,i,1 is ;;% This document was produced byAlA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15. 1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4,2,1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, l 1.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.13, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4.1 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders I.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13,6 Interpretation 1.23, 1.4, 4.1.1, 5.1, 6.1.2, 15. 1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7 521, 621, 7.3,7, 93.2, 9.3.3, 9.5.1.3, 9. 10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5,3.2.3,3.6,3.7,3. 12.10,3.13.1,4.1.1,9.6.4,9.9.1, 10.2.2,11.1.1, 11.3,13.1.1,13.4,13.5.1,13.5.2, 13.6.1, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2 , 113.7 , 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2,5.3.1,5.4.1,6.2 .4,7.3,7.4,8.2,9.2,93.1,9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 Material Suppliers 1.5,3.12.1,4.2.4,4 .2.6,5.2.1,93,9.4.2,9.6,9.10.5 Materials, Hazardous 10.2.4, 10.3 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects All rights reserved t rllur; I 1 : , It .'c i n_ I t I n.d h . u C t I I -1 11n:.1?I i. 1- .'.icti-i : i rii ..I ut - c1 ... 11 NjI.. U< -, �.i �� �t. e r I i ;I, i e [ it I it . %I'll i 1 .:.. „ 1. is Il r iu , it 5 �ir::l p�i� � :i. -. , t i�.. e:.11 bet •. =rci i u to tle 1 It ; This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681 1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1,14 .1,3.5,3.8.2,3.83,3.12,3.13.1, 3.15.1, 4.2.6, 4.17, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1. 1. 1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3.1, 2.4.1, 3 .5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1,2.3.1,2.4.1,3.2.4, 3.3.1,3.7.2,3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11. 1 . 3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notice, Written 2.3.1,2.4.1,3.3.1, 3.9.2,3.12.9,3.12.10,5.2.1,9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1. 1. 1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 111, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 1 1.2, 11.3, 13.5.1, 13.5.2, 14.1.1,4, 14.1 A, 15. l .3 Owner's Authority 1.5,2.1.1,2.3.1,2. 4.1,3.4.2,3.8.1,3.12.10,3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6. 1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2,4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17, 4.2.12, 5.3.1 Partial Occupancy or Use 9.6.6, 9.9, 1 1.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1,4.2.9,9.8.2,9. 10,11.1.2,11.1.3,11.4.1,12.3.1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PC 13 10.3.1 AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918 1925 1937, 1951, 1958 1961 1963 1966, 1970 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. Ail rights reserved , t 4MG i 6 rq:onc.,i tic ) :.rdi <.i it "c r. c'1Pi...'.`� L r.rr.d.cr rt err: a. llri- ..:.',;.iil:,.rd.u.ur;Il�n .,:�,.r..:..IIC I .�rr.,�rr;tr11!. 6 I( This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 1 0.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8,2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1. 5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9. 1, 10.2.2,11.1,11.4,13 .1,13.4,13.5.1,13.5.2,13.6,14, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1,3.1.1,3.9,4.1.1, 4.2.1,4.2.2,4.2.10,5.1.1,5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2,3.18,4 .2.3,5.3.1,6.1.3,6.2,6.3,9.5.1, 10 Retainage 9.11, 9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3. 11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2,2.3,2.4,3.5, 3.7.4,3.15.2,4.16,5.3,5.4,6.1, 63, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2,3.3. 3,3.7.1,3.7.4,4.2,9.4.2,9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.1 1, 3.12.10, 3.1 7 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 53, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, I 4.1, 14.2, l Submittals 3.10,3.11,3.12,4.2.7 ,5.2.1,5.2.3,7.3.7,9.2,9.3,9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved - �P - I:Nlldr,. I ,i ,- A. U c. I. n,.1 t 1 • :n.d h u, ;,t • , I I -, I lu•_.,tl. , . , , 7 i idie'. trul'c,.c'Nisi / L'•:..=rr.:.il c1 t;I , c`.d. r.,,c...lti,. ,(.1 kila,dcni,r.II _I > , i ' ; as ih;, ,. ,; ,. t t , This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681 _1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub - subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3,9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 1.5.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.42, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13._5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9. 7. 10. 3.2,10.4.1,14.12,15.1.5,15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2,5.3,5.4,6.2.4,7.3 ,7.4,8.2,9.2,9.3.1,93.3,9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 33.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A201 — 2007. Copyright ©1911, 1915, 1918, 1925 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. v,�t lojiw; i J;. - ;.Ir _ r .! S 'r l . ii;I•+,I +t "c•Ir.l Ir:a:r;:� Ure i+l,ri?rri irpro:'.iclif. I I .is`•i.;ut'c r: r f! is . .I; t•,., .e e rr 11, cl : I ; f.: Mic c' if I I( F_11 i i s, +c -ic :i,-il a c mil t I pi n r `i: ; I ;. V• 1 1 be Iv,.er r 1 1rcl IC 11 r r P1 .n , , rr .° I >os it ;; r , 1 11 This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub - subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contact Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract DOCU111e11tS consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium ofexpression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contact Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. c:Pi JJlrJ!; 'I is ; ; ,: ; f u .-,. g - S icl +ic.: 101C I�. f dis... i_�,II c f.!. Il'it id". Lc i.���it. cf I - I�. i;u .'lit r..�fe sibii tic{ I r 1 1 If 1, If 1 : rra n , ; > r f ;:o:.:-il,k ; I n•, This document was produced byAlA software at 08:15:02 on 07/12/2011 under Order No .78139326811 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) tine titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest ofbrevitythe Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub- subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the lnstruments of Service. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA iN DIGITAL FORM If the parties intend to transmit instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the ONvner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall fiunish such evidence as a condition precedent to commencement or continuation of the Work or the Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918 1925 1937, 1951, 1958 1961, 1963, 1966, 1970 1976 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved ":! I trlrlG n k c i I + I i,l d Ir , n z,i c , J 1 tnr ,11 r;; ,1 10 icy ot idi�..;.�.+t'( i,.. tl is, :+h. LO ) ,�rt i,C1 111 :1KIC it r. tic ;.It+.+. w _i�- +r�ivile.id „i.rll 1,, is ..:.,1":..11hcl•.•trr,sc(IIC11 in 11 s , . , - i:c :.> it 1l, i_'. i ts, This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten -day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect, if payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. AIA Document A201'"' — 2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951, 1958, 1961, 1963 1966, 1970 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved I t1lNG I :i f I , t. t( . t I S ii, I t I of U If c ii t' i I I •. i un iu c i : c r' icfi rc:,u li�i, ci .li6' r.,ut cr. r. tl i�.. t Lt,u rrc at, r i i I;:, ;ru �[ rt i u. r:.:.11 • t., �:ia: ..iril :, trl. n.�ir.l la t:., .ic, ri V. Il h( t,rvs[a - lr tFc 11 1 t; ,; This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contact, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely fi those Owner - required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918 1925 1937, 1951, 1958 1961 1963 1966, 1970 1976 1987, 1997 and 2007 by The American Institute of Architects Alt rights reserved t t trtlr3 'I i c t 1.1 ." � i -.1� _ ! : ( J). i1. I I I .0 t 11 n, 1 .r I i Ih : lit c i :" rl 12 i.:Iar Ic lie r, z d, ', �o l c c' tl i� - 1!. Lo. i , .i1, a j �,: - I. c'; it I is s,idl 1 - �:a; ci it 5.10 .. r ui.: I I'Cf.; .ins. I. : :.. II be I. Feel 1r'1 tt If �. in m � r; -u • i w :. it d - : • 11 , ;•,: This document was produced byAlA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be fi fi defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect, § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion ofthe Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are ( I ) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions- The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different fi•om those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising fi the existence of such remains or features may be made as provided in Article 15. (nit. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918 1925, 1937, 1951 1958, 1961 1963 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved ,.1 NINE I )i u i : , t tr o 13 r= fioc.,rti,1i I diw Vol I c:tbis. L:r•:�ri d.ci. r, ciit.r. , .- ia:.isil.�icl:, u:,ir:ll" i.r i:...ai..t.IILr Ir:�erci!((IIctl'c. > in a ; �, r - ;x:•,,,.1 l+ i. ; t I I l , , . This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2,1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (I ) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedules) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918 1925 1937, 1951 1958, 1961, 1963 1966, 1970, 1976 1987 1997 and 2007 by The American Institute of Architects. All rights reserved ;.I tJtWr, l u � + I ", t s t+ -, 1! c 1 . ri" I + I : I d It c u :r + I 0w i " 14 1 ✓I :n :.trttrn _+ cD.:. i..!d ci: c` tt is ; �. Loci cc it. c 1 r. 1!". 14, r c'. it. I rc,.+.lt i .I � .1: i% if a.td c. u.+il rI I., $,o ci It d tc 1f - c This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contactor has specifically informed the Architect in writing of such deviation at the time of submittal and (i ) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when S ubmitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and AIA Document A201 T " — 2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951 1958, 1961 1963, 1966, 1970 1976, 1987, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved 11 tJItJG i u r• „ i; a ! r c l!} u: l I I ❑i d ti .c ui a r i I i lh : dl c 15 .cl Irti_r. c'. I. v 'r 1! , This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/1212012, and is not for resale. User Notes: (1934191926) completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free fi•om accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials fi and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement fi the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infi of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them fi and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting fi performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951 1958, 1961 1963, 1966 1970, 1976 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved.: r"IJJllJG I n f S c l; i, 1-1 l it It r n,.d i l ±: r tin:.,tl r ^oi 16 t , this F;1! L. i.r.,< d. ! i i ioc r e it i . , r.,,..It in it ; : > .f i pc :: -iI,L. i r. 11 r ;,,.; This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation wider Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4,2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations fi the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts ar omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. `.PIa1W(, 7 + u r na ! n 5 c i +i: I + I ::n d li -c n +t (.I I 1!_i i Ui- nl.ci,cd i1, e i i . I',:. ti, + c it. + , y ie.. .:lt ri _ � q,. i� it :r +(I c w-il e I p.,u., .0 ... t ,. e. 11 Le I. . , �.v•c d ter tl ! 17 This document was produced byAlA software at 08:15:02 on 07/12/2011 under Order No.7813932681 1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to deten the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable fi the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both O mer and Contractor, will not shoe partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information, ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub- subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. AIA Document A201 - 2007. Copyright 0) 1911, 1915, 1918, 1925 1937, 1951, 1958 1961, 1963 1966, 1970 1976 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved :! 6rJIIJ(, I u r : i - (,p, I t i l _ .,i l h r u ;ii r I ttr:, i l r. i :•e0 18 i; q rcc. i�til n :i.li =.:•L..utr.r.clli- ..1,'. Lc. ir.�t,!it,i.�: -.ici !`.it i , % irzu ..Itii..;ir,i.ilau0 .rrurrllri� .is...r�. ,..IIL- i..- ccrfcdlctl.c in .n :..•,- it ;; ;ti t: , :,.: This document was produced byAlA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale, User Notes: (1934191926) § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 -day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5,2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5,4.1 Each subcontract agreement for a portion ofthe Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5,4, the Owner may firrther assign the subcontract to a successor contractor or other entity. if the Owner assigns the subcontract to a successor contractor or other entity, the Init. AIA Document A201 1 v — 2007. Copyright C 1911 1915, 1918 1925, 1937, 1951 1958, 1961, 1963, 1966, 1970 1976, 1987, 1997 and 2007 by The American Institute of Architects. Ali rights reserved I Nlldr; I i r i u o l I I l ;,i it h n to 01. _rt1 19 alnr stn II.L. ?Y. Ln.tii.:al,ci r 1�a9in c'ii i it Sidi iis t:vl �i,it'iId aur�lpci�•ia. .aI.Z .,11bep; r.rtt!db.11 t 1 ` > i,+ a .: > c c' :A .: tnR I t 1 . ..: This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681 1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's ovum forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner - Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article b and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP If dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. /nit. AIA Document A201 T"' - 2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951, 1958 1961, 1963 1966, 1970 1976 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved . y II : .e 1 pri I r I er J It r ri tit r I l 1 i 011+.1 c i`r'I 20 1. In %' Jciic 1, 'A di.. ; ui c I. c it i A Lo. .1 v it. c i 1' c it. I; i fc�.idi i r drys 01 a.id , n,ril. I I r. J:.., , i,_ 1, 11 be I .:,�.r ct L c. t_ il.< a,: This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.41f unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in tine Contract Sun], the Architect shall determine the method and the adjustment oil the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of all increase in the Contract Sum, an amount AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951 1958 1961, 1963 1966, 1970 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. I i i „I + 1 :n 1 11 t i n.n r I thy_ 111 1 :.r 0 21 1 ploy. 10k :. r dir. . i..ul - C t: C' 11 r r L� ,. ti <. r. c' rf. i .. rc:,:,.,lt i.) _ v. r•: i� rl .,.id . rr.rii.r 1 1”, u, z. , r .. ..II ix I:. trct -rt it is 11 This document was produced byAlA software at 08:15:02 on 07112/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of ]land tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a detemlination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8,1,4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in va•iting, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 1 to be furnished by the Contactor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. AIA Document A201 - 2007. Copyright © 1911 1915, 1918, 1925 1937, 1951, 1958 1961, 1963, 1966, 1970 1976 1987 1997 and 2007 by The American Init. Institute of Architects. All rights reserved '. %'.t tJRJr; l u u , r U c c In ri-' t I .n.d l . -a I i r. i, U :.dt I ; „ 1,icc.,tir. i; ci di i Lit 'Cr r I is .!. Co_, i , . d. r i r t,: liu'. c` it i , ICs It rt - _\.,[•', nil , id . r ur: I l cr<a :i .., , u. :.'II 1 , 1• ,, a aril is ti t 22 n , ; ,', r.r ,:r•:: rt i< i r; i U r . , This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/1212012, and is not for resale. User Notes: (1934191926) § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to t11e various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions fi Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Pa3mient have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be fi and clear of liens, claims, security interests or Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937. 1951, 1958, 1961, 1963 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved t'.1 :111NG 1 i ; r r r. -, + r I rr: l + I : ru d h + n 'u r tlr,r +1I c+' r c1 23 iclno•c+cti r.oidi rt'( i, c llie +' r, L' � i I: e-it r..,i +.i•Iri.l .�E- i.•,r.il, id. ❑w..li'air..a...:.rt.. w1lbcl ,:r:ilydtcIIL n + dr v r - i 1i ! ; , This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681 1 which expires on 07/1212012, and is not for resale. User Notes: (1934191926) encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations fi•om the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. if the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum. .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously Aithheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. Init. AIA Document A201 - 2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951, 1958 1961, 1963 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. Alt rights reserved : ?b NIN[; l n A. ,,. + . , -_ i ._ + c i ti: 1 i I u d h ui at + t ii : iu , 1 . c 0 24 1; ploc..ictic r. ; i [hs:ri_ul ( r r -' il'ir. AM 12r_i-i'.� )1. < 1 ,i i _ ii, i r , iLmti i t : c it -r.x! ir,i1 : 11.. law, ' - J - n.' i..il Ix 1 r i . tl tr 11 e i , in :+i , : -n • tsoa il +•:r: n tl t, ,n• This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained fi•om payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence fi•om the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start -up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. ht such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. Init. AIA Document A201 — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. Ali rights reserved I;NING 'I n ?. •, c i rrv! t u S .c I ri i 1 ! I ; ❑,d It ( Iloal u 1 Ulu .ItFc I r. i 25 r:q : relic c I ii i ut,c i c Ibis .Ir L ocsri r il, c i - i , p:: - lic I c d. r: Ica f.B u I i > � cil ,,.icl n ni r I p! n a�.i♦ -., : n.... II tic (. u:.eci Ire! is ii - c. M n 1 This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681 1 which expires on 07/1212012, and is not for resale. User Notes: (1934191926) § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's Avritten notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951 1958, 1961 1963 1966, 1970, 1976 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved . I ir r C C e. r,: 1 t cc e l Z c l } n; l I l � ..:u,d lr (i at (.I l i ; , i i Ui.:.�tl l , 1 it 26 i.:pie.;.I ti.r.ordie:icuter.c`fl . . La_ir.:it.el i ;I,oIi,I C ' it I <. If :a.ltl...:.n I,:."it . r.a i:s. I III,(I.o.e I r in n . ; , i r c:os =ibh r. r. el t nv. This document was produced byAIA software at 08:15:02 on 0 711 2/2 01 1 under Order No.7813932681_1 which expires on 07/1212012, and is not for resale. User Notes: (1934191926) § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without tenninating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of t11e Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are n1 addition to the Contractor's obligations under Section 3.18. Init. AfA Document A201'"' —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects All rights reserved. c;',I31ING 1 ii U S. I i, t I , rd I . r n r I dl L trr this •` C� ci.1 -.d ,.i ; r ('c'_'tici c it i :r, lr_r li is , _ 1: :. it +.td c. ir61r I pci j c._ .: r�. ;,.Il b 27 e p', �u i tr r't! ti c / h n , , Fr 1 i, r ; , This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681 1 which expires on 07/12/2012, and is not for resale. — User Notes: (1934191926) § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting fi performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss of expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the C'ontractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3,6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. AIIA Document A201 — 2007. Copyright © 1911, 1915, 1918 1925 1937, 1951 1958 1961, 1963 1966, 1970 1976 1987, 1997 and 2007 by The American (nit. Institute of Architects. Air rights reserved I:rInJC,. t i r. 11 : I i i; t i I m d h+ 1 nal c i i i. Lin: ++I c I: ed p+oc.iclknu iu:'i:utci:r tl.i (;.: C+: +r! -d %i i,!,:.0 i r'ii.i,icsr.lti.i;_c. -i da.ul_n>ne!L.0 i. i. :Ilhel . dfctl 28 ! i ;<> M If , ; 1!t + ldt 1. +C: i t! r , , This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor fi claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; A Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefi .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual Iiability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 1 1.1.1 shall be written for not less than limits of liability specified in tine Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on all occurrence or claims -made basis, shall be maintained without interruption fi the date of commencement of the Work until tine date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9. 10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. hnformation concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining tine Owner's usual liability insurance. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American (nit. Institute of Architects. All rights reserved, taaltaC, "I : , ' u 9 � i; 11 I::;nrih:rn, ' rr Il - tJiia.rfLci�rrr� i:•lao;.,iCltc:cidi_: ` tlis:'df'. Cr.crr�crLt� r., 1.::' KIc. it. r , , ir Ilii ..�.,i_.itifa,ictru- urr!lint: n..,lll,tl..��c:'tcrrtcll.. 2.g This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681 1 which expires on 07/1212012, and is not for resale. User Notes: (1934191926) § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all- risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the O \xAier against loss of use of the Owner's property due to fire 01 other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance Under policies separate from those inswing the Project, or if after final payment AIA Document A201 W — 2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951 1958 1961, 1963, 1966, 1970, 1976 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. iJ.l t!I(aG l i L. u rn ri I I c c U F - (. n: l t l ,: r cl h - e a sn i..l l :� 0w ,III n ` < d 30 t( pto; uti�n , .trli_.' .'.tit crc *this'•tr`. Li.ri i.Ir i.etit i r,m.liit..�cic..i,ilaid. iwealIr[.< i' J., .,:u...,'IIbcI...•stu'ir.titIli i;i 11 r> ;c 1 r: •:.:: t,1: I I t l This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No. 78139326811 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub - subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 1 1.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub - subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shal I be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. (nit. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects Ail rights reserved. V"PAJ11146 I w ! A. -c r ' i.� f t� c`t :: �, 1.1 i I n, I'+ I: - s d h r n f ,w I I ris. Uir if c,i''ad d 31 i 1 �.•::,itli i ci � i i c i. c` this (:1!'_ Ci�.�•ri' -d ri ti - p,.-tic c. it. i.�; n. U i.� „t .�. ;i•.it xl cvi:iir,a pu . .i:;,.. t i t• II Ca. I ..tc ricr! is fl t ;,1.. This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No. 7813932681 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 121.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice ft the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one -year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951 1958, 1961 1963, 1966, 1970 1976 1987, 1997 and 2007 by The American Init. Institute of Architects. Ail rights reserved /J IJItJt, I i r n rr , .J ° S I ; �I + I . , ;u.ti I1. r r al I I . tlw ,+Lc r` c r 32 i•:pfo :.1CtiCn:1di= r.u:cr,c'1PirA.'. UoLir::. it. ci z r `. it, i,.�rc- €.,lli.i i.iI�ul L.1cdtcIle ti the n, This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (I ) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner fi delegating their cost to the Contractor. § 13.5.2 if the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing. inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, ail costs made necessary by Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved ;•I3d113G I u , , ,.., I r ,f . � , I. S I c pvt i I•+ I d It .e n -o', i 1 I . t1n:.'tl c i r ' 33 ,1o;..icilc n _, dir.[ . �tWcr c - II'iF. l , ro-1 r,;,.i1. c .,,, f,. hi 1 .'. ,1. r. � ,i :.i it ! . _r., -. �, ,I ..I,i :: u...m � I - ,: :L _ _,,.. �: II Lt l ro: ccct, d tc 11 n u , . • , r - :'o , ,;:' 1 11" n. This document was produced by AIA software at 08:15:02 on 07/12/2011 under Order No.7813932681 1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the nonnal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest fi•om the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing fi-om time to time at the place where the Project is located. § 13.7 TiME LIMITS ON CLAIMS The Owner and Contractor shall commence a] I claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires al l Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the tine stated in the Contract Docunents; o .4 The Owner has failed to furnish to the Contractor promptly, upon the C'ontractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by tine Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover fi the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. AIA Document A201 —2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951, 1958, 1961, 1963 1966 1970 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved f l t11NG 1 '. t i 1 it • + 14 , - F s n c ..t I Ii, 1-1 1 al d h, n e ""I i I I r lh : 111 C -r 1 [ .lno;'.101, 1, ::1 (1 is" iI,�uVCI 11 is ,.i /. Lo,l rc:.ii, ,, i i. % 1 - Iiu i ii. r .. } 1c..:,11 i_i .,:� ..1 %. -,.n it :, 111 ..li ed - I i u .1. is s. , n:: it fie i , er 1 i tr,l is It , 34 r < zin 1r., ; ; ; i :,; a. =ilAr i r.:• tt, a: This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No. 7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor fi the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case maybe, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice fi the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, tenminate all existing subcontracts and purchase orders and enter into 110 further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, tine Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. In it. E+IA uocument A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. <';,^ I;tJnu l ,i E :: , c + : rc _:r , r. I : - thy: , fL i irl f I - acil h r u a' i I I . �• Nri +i r tic r d . rlr il i e' 11 is- ['.I/ (I r. 1,.. iu r e: N. r.�: y irsr II i r i ri _ u" it ;, u! e nai; I I n i ',1 : 1— s,al be 1 35 ..i, c!�i 1e d (c 11a j n u r i r c i If .. This document was produced by AlA software at 08.15:02 on 07/12/2011 under Order No.7813932681 1 which expires on 07112/2012, and is not for resale. User Notes: (1934191926) ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1,2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker. unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. Init. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925 1937, 1951 1958 1961, 1963, 1966, 1970 1976 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved ' I:NItJ I , c c ,.: i ta; U -- ,.c lryIic I I I tr to rf If n < di ( I I i U nl c ." a r•Iac::.utlu' _i dr.: :_lii Cr. c' Ilrib...,. i.o.: rr it < ., I I y Inc ii_i c,'. it I Ic.:.dt i I ..:t ae i\ 11 a Id _ it ill l I h. s n is . E.; ., - II i,c p otern tcd lc tl'I 36 :: > In n , ; ; I r' i r,a sild- I r ". 1 11 This document was produced byAIA software at 08:15:02 on 07/12/2011 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the CIaim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or fi persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data wit] be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the CIaim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. Init. ArA uocument A2U1 ,., — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects All rights reserved 7 ktJIt1G: i i r io :,A(ii.I.oi I1 d'u:c tra,(.... Lo:ir ::t.ri 1 : c it c,r�- itr.;.It:_:. ;cn:in2lI Ili.,e 37 l ..rc:Ldlc1P� 14 This document was produced by AIA software at 08.15:02 on 07/12!2011 under Order No.7813932681 1 which expires on 07/12/2012, and is not for resale. — User Notes: (1934191926) § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights ofjoinder and consolidation as the Owner and Contractor wider this Agreement. AIA Document A201 - 2007. Copyright © 1911 1915, 1918 1925, 1937 1951, 1958, 1961, 1963 1966 1970 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved ,' 1,tnta(., I t 5 _c I : ii f t I u d h .r ii a r I t : i Ui ; nl e I > i•1,� : JdIui of f'r::1-01 . h t if is. v r )( ii c i i i., I- :lic i t'. it 1 1(,"M i i s- �i it .i d _ icur.i 1 1 ( :i.,s.: i � ,..11 Lac I . crtul i tl 38 n , <! ( i ' : oa.sll�; i t f , w This document was produced byAIA software at 08:15:02 on 07/12f201 1 under Order No.7813932681_1 which expires on 07/12/2012, and is not for resale. User Notes: (1934191926) • r • These Supplementary Conditions amend or supplement the General Conditions of the Contract for Construction (AIA Document A201 -2007) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. ARTICLE 3 - CONTRACTOR A. Add a New Subparagraph 3.2.5 to Paragraph 3.2: The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for the Architect to evaluate and respond to the Contractor's request for information, where such information was available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner provided information, Contractor- prepared coordination drawings, or prior Project correspondence or documentation. B. Add a New Subparagraph 3.4.4 to Paragraph 3.4: The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect to evaluate Contractor's proposed substitutions and to make agree -upon substitutions and to make agreed -upon changes in the Drawings and Specifications made necessary by the Owner's acceptance of such substitutions. C. Add the Following to Subparagraph 3.7.1: The Contractor shall secure and pay for the Electrical Permit and other required Mechanical Permits. The Owner shall secure and pay for a Building Permit. The Contractor shall make arrangements for required inspections. The Contractor shall obtain the Certificate of Occupancy for the Project. The Contractor shall pay plan review fees and inspection fees. The Contractor shall arrange for installation of sewer, electrical, gas, water, and other utilities required, except as otherwise indicated. The Owner shall pay sewer and water access charges (SAC and WAC) and park dedication fees, if any. D. Regarding 3.10.1, delete the first sentence and insert the following: "The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a detailed Contractor's construction schedule for the work in form and substance acceptable to the Owner." ARTICLE 4 - ADMINISTRATION OF THE CONTRACT A. Add a New Clause 4.2.2.1 to Subparagraph 4.2.2: The Contractor shall reimburse the Owner for compensation paid to the Architect for additional Site visits made necessary by the fault, neglect, or request of the Contractor. ARTICLE 5 - SUBCONTRACTORS A. Add a New Subparagraph 5.2.5: Acceptance of any supplier or subcontractor shall not mean nor imply acceptance of any material or product not specified in The Contract Documents, SUPPLEMENTARY CONDITIONS © 2011 Bonestroo ( 000034 - 11239 -0 007305-1 ARTICLE 7 - CHANGES IN THE WORK A. Add a New Subparagraph 7.1.4: Costs related to a change shall be direct costs. All indirect costs shall be included in the Contractor's overhead and profit. No allowance for overhead and profit shall be allowed if the change results in a net decrease in the Contract Sum. The combined overhead and profit included in the total cost to the Owner of a change in the work shall be based on the following schedule: 1. For the Contractor, for work performed by the Contractor's own forces, 10 percent of the cost. 2. For the Contractor, for work performed by the Contractor's subcontractors, 10 percent of the amount due the subcontractors. 3. For each subcontractor involved, for work performed by that subcontractor's own forces, 10 percent of the cost. 4. For each subcontractor involved, for work performed by the subcontractor's subcontractors, 10 percent of the amount due the sub - subcontractor. 5. Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.6. 6. In order to facilitate checking of quotations for extras or credits, all Bid Forms shall be accompanied by a complete itemization of costs, including labor, materials, and subcontracts. Labor and materials shall be organized and itemized in the manner prescribed above. Where major cost items are subcontracts, they shall be itemized also. B. Regarding 7.3.3, at the end of the introductory sentence, add the following phrase: "which must be described in the Construction Change Directive." C. Regarding Paragraph 7.3.7, delete the first sentence and insert the following: "If the Contractor disagrees in writing within 10 days of the date of the Construction Change Directive with the method for adjustment in the Contract Sum, the method and adjustment shall be determined as a claim." ARTICLE 9 - PAYMENTS AND COMPLETION A. Add a New Clause 9.6.2.1 to Subparagraph 9.6.2: Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1 -1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees, included in bringing the action. ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY A. Add a New Clause 10.2.4.1 to Subparagraph 10.2.4: When the use or storage of explosives or other hazardous materials, substances, equipment, or unusual methods are necessary for execution of the work, the Contractor shall give the Owner reasonable advance notice. B. Regarding Paragraph 10.3.3, delete the last 2 lines and insert the following: SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-11239-0 007305-2 "property (other than the work itself) and limited to the extent that such damage, loss, or expense is not due to the contributory negligence of a party seeking indemnity." ARTICLE 11 - INSURANCE AND BONDS A. Add a new Subparagraph 11.1.2.1: The limits of liability for the insurance required shall provide coverage for not less than the following amounts or greater where required by law and regulations: 1. Workers Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury Products /Completed Operations insurance shall be maintained for a minimum period of at least 1 year after either 90 days following Substantial Completion or Final Payment, whichever is earlier. 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non - owned, and hired vehicles. 4. Umbrella Excess Liability $1,000,000 Each Occurrence $1,000,000 Aggregate Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. B. Add Subparagraph 11.1.2.2: The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: OWN ARCHITECT SUBCONSULTANTS C. Add a New Clause 11.1.3.1 to Subparagraph 11.1.3: The Contractor shall furnish 1 copy each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth evidence of all coverage's required. The form of Certificate shall be ACORD 25 -2, Certificate of Insurance and AIA Document G715, Supplemental Attachment for ACORD 25 -2 Certificate of Insurance. D. Delete Paragraph 11.2 in its entirety. SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-11239-0 007305-3 E. Delete the first line of the first sentence in Subparagraph 11.3.1 and replace with the following: "The Contractor shall purchase and maintain, in a company or" ARTICLE 15 — CLAIMS AND DISPUTES A. Add the Following to Subparagraph 15.1.5.2: Data substantiating abnormal weather conditions shall include at a minimum local US Weather Bureau Climatological Reports for the period involved plus a report indicating the average precipitation and temperature for the past 10 years from the nearest US Weather Bureau Reporting Station. SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-11239-0 007305-4 t c� PART1 GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: New Hope Public Works Facility Interior Painting Project, City Improvement Project No. 888, for the City of New Hope, Minnesota. B. Description of Work: In general, Project Work consists of cleaning and painting the walls, metal doors and frames, wood door frames, overhead door panels, steel stair members, steel roof joists, and metal roof decking in the Vehicle Parking Room of the New Hope Public Works Facility. 1.03 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site: 1. Contractor shall coordinate with Owner location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction and shall remove upon completion of Work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Sites: 1. Contractor shall coordinate with Owner. Not Used. SUMMARY © 2011 Bonestroo 1000034-11239-0 01 1000-1 PART 3 EXECUTION Not Used. SUMMARY © 2011 Bonestroo 1000034-11239-0 011000-2 FINIF 47M. M-1 1.01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of Work and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 LUMP SUM A. Unless specifically noted as a Bid Unit Price Item, all Work shall be included in the Lump Sum Bid. B. Lump Sum Bid shall be based on Base Bid Equipment and Materials. C. Progress payments will be made as Work progresses based on the Schedule of Values established for this portion of the Work. 1.04 PAYMENT PROCEDURES A. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Architect prior to the dates identified at the Preconstruction Conference. B. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with 0133 00. 3. Wage reports, etc. required for funded projects. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. • 4 PRICE AND PAYMENT PROCEDURES © 2011 Bonestroo ( 000034 - 11239 -0 012000-1 r- t rr PART 1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner, 3. Storm Sewer: Owner. 4. Electric: Excel Energy /City of Waseca. 5. Gas: CenterPoint Energy. 6. Telephone: Qwest Communications. 7. Cable TV: Media Com. C. Owner requires a 48 -hour notice for all utility interruptions. A. Apply for, pay all fees, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. B. Apply for, pay all fees, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. C. All state and county inspection fees shall be paid for by the Contractor. D. The Contractor shall make all arrangements. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-11239-0 013100-1 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. Contractor shall distribute meeting minutes to subcontractors. B. Preconstruction Conference: 1. Architect will schedule a meeting at the Site prior to Contractor occupancy. 2. Attendance Required: Contractor, Owner, Architect, major consultants, Contractor's superintendent, and major subcontractors. 3. Agenda: a. Designation of personnel representing the parties in Contract and the Architect. b. Procedures and processing of field decision, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. c. Scheduling. d. Use of premises by Owner and Contractor. e. Owner's requirements and occupancy prior to completion. f. Construction facilities and controls provided by Owner. g. Security and housekeeping procedures. h. Application for payment procedures. i. Procedures for maintaining record documents. j. Requirements for start-up of equipment. k. Inspection and acceptance of equipment put into service during construction period. 4. Contractor shall record minutes and distribute copies within 5 days after meeting to participants, with copies to Architect, Owner, participants, and those affected by decisions made. C. Progress Meeting Procedures: 1. Architect will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.06 CONSTRUCTION SCHEDULING A. Coordinate access to Site with City to ensure access to the facility is maintained. PART PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-11239-0 013100-2 ��- 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. Not Used, PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Architect, fabrication, delivery, installation, testing, start -up, instruction of Owner, and clean -up. C. As Work progresses, revise, update, and resubmit schedule as requested by Architect. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 SCHEDULE OF SHOP DRAWINGS A. Contractor shall submit a list of shop drawings for project for Architect approval. Revise list as required by the Architect. SUBMITTAL PROCEDURES © 2011 Bonestroo 1000034-11239-0 013300-1 3.03 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8 -1/2 inch by 11 inch paper outlining 24 hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.04 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. In addition to requirements in the General Conditions, shop drawings shall contain sufficient specific information to allow Architect to determine compliance with the specifications and standard of quality established therein. C. The minimum sheet size shall be 8 -1/2 inches by 11 inches. Non - legible copies will not be reviewed. D. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Architect's stamp. 7. Numbered sequentially in chronological order of submission. Resubmittals shall include nomenclature to indicate revision from earlier submittals. E. Contractor shall reimburse Architect for evaluating more than 2 re- submittals on the same item. F. Architect's review will be in conformance with the requirements of the General Conditions, except as modified herein. G. Architect will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Architect. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. SUBMITTAL PROCEDURES © 2011 Bonestroo 1000034-11239-0 013300-2 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in the General Conditions. H. Architect will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Architect to expedite return delivery, Contractor shall notify Architect in writing and reimburse Owner for delivery plus 15 percent mark -up. 3.05 OPERATION AND MAINTENANCE MANUALS A. Conform to the requirements of Section 0178 23. 3.06 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specifications. 3.07 WARRANTIES A. Conform to the requirements of Section 0178 36. s • SUBMITTAL PROCEDURES © 2011 Bonestroo 1000034-11239-0 013300-3 t 1 • 1' f 1 PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic requirements for products used in the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 SUBMITTALS A. Submit the following items consistent with Instructions to Bidders: 1. Written request for approval with supporting documentation. B. Submit the following items consistent with Section 0133 00 and General Conditions Article 6.05: 1. Shop drawings for named products and "or- equal" products. 2. Written application for substitute items, including supporting documentation. 1.04 PRODUCT SUBSTITUTIONS AND "OR- EQUAL" PROCEDURES A. Procedures During Bidding: 1. Conform to the requirements of the individual Specification Sections, B. Procedures During Construction: 1. Scheduling of Submittals: Conform to the Contractor's Schedule of Submittals. 2. Submittal Procedures: Conform to the requirements of Section 0133 00. 3. Items not approved as "or- equal" may be resubmitted as a Substitute Item. 4. Engineer will review Substitute Item requests that conform to General Conditions Article 6.05.A2d and include, at a minimum, the following additional supporting documentation: a. Drawings and Specifications. b. Installation lists. c. Performance data, including equipment capacity, strengths, weights, and dimensions. d. Catalog cut - sheets. e. Lists of deviations from and exceptions to the Specifications. f. Detailed information for all buy -out items, including motors and drives. g. Lists of materials of construction. h. Maintenance schedules of equipment, including buy -out items. i. Other information deemed necessary at the discretion of Engineer. 5. Incomplete submittals will be returned to Contractor without review. 6. Contract times will not be modified due to substitute and "or- equal" review process. 7. Engineer shall not have to prove that an item is not an "or- equal." 8. Owner does not have to accept proposed Substitute Items. PRODUCT REQUIREMENTS © 2011 Bonestroo 1000034-11239-0 016000-1 1.05 SUBSTITUTE ITEMS A. Procedures During Bidding: 1. Conform to the requirements of the individual specification sections. B. Procedures During Construction: 1. Substitute material or equipment items accepted by the Owner and included in the award of Contract become named materials or equipment. 2. Submit shop drawings and material certifications consistent with Section 0133 00. Not Used. PART 3 EXECUTION 3.01 DELIVERY A. Contractor shall inspect all products, equipment, and materials upon arrival at site. Contractor shall note any damage and be responsible for corrective action. Damaged products, equipment, or materials are not acceptable. B. Transport and handle products in accordance with the manufacturer's instructions. Contractor shall receive all products to be incorporated in the project and shall provide equipment and labor necessary to unload and transport products. C. Handle and lift products only at designated lift points and by methods to avoid soiling, disfigurement, bending, over stressing, and damage. D. Store products on shelves, in bins, or in neat groups of like items with seals and labels intact and legible, and in a manner to provide access for maintenance and inspection. E. Store loose granular materials on clean, solid, flat surfaces, and prevent mixing with foreign matter. Store fabricated products supported above the ground on skids or blocking. Provide surface drainage to prevent erosion and ponding of water. F. Cover products subject to discoloration or deterioration with impervious sheet covering and protect products from soiling and staining. G. Store and protect products which are subject to damage by the elements in weathertight, climate controlled enclosures, and according to the manufacturer's instructions. Maintain temperature, ventilation, and humidity within ranges stated in the manufacturer's instructions. H. Attach applicable manufacturer's service instructions labeled "STORAGE SERVICE INSTRUCTIONS ENCLOSED" to exterior of each stored product. I. Inspect, maintain, and service stored products on a regularly scheduled basis, consistent with the manufacturer's instructions. J. Record inspection, maintenance, services performed, and keep log available for review. PRODUCT REQUIREMENTS © 2011 Bonestroo 1000034-11239-0 016000-2 K. Traffic control required for all deliveries to and from the Site(s) shall be the responsibility of the Contractor. All flagmen, barricades, flares, and safety measures are the sole responsibility of the Contractor. 3.02 STORAGE AND HANDLING A. Protect from damage all materials and equipment to be used in the completed facility. B. Provide temporary Site security fencing around storage areas and as indicated on the Drawings. C. The Contractor shall provide the Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. D. Storage areas and hazardous areas shall be protected by use of chain link fence around the perimeter of the area. This fencing is in addition to any other fencing required for Site containment. 3.03 OWNER SUPPLIED PRODUCTS A. The Contractor shall be responsible for removal, protection, storage, delivery, and installation of all Owner furnished equipment or materials, unless otherwise specified. B. The Contractor shall be required to make all modifications to structures, equipment, and power to provide a complete and working installation of the Owner furnished products. C. The Contractor shall provide any materials or equipment required for the installation of the Owner supplied products, including but not limited to electric wire and conduit, pipes, anchors, and supports. D. The Contractor shall be responsible for inspection of any existing Owner furnished products to verify characteristics prior to Bidding. E. Install Owner furnished equipment in accordance with manufacturer's recommendations and as specified in other Sections. F. All costs associated with the complete installation of Owner furnished equipment shall be considered incidental to the Project, unless otherwise specified. END OF SECTION PRODUCT REQUIREMENTS © 2011 Bonestroo 1000034-11239-0 016000-3 �� ��•7►I��:�lii7 �� PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent Work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. By commencing work, Contractor accepts existing conditions. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-11239-0 017000-1 B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of Work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Architect. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. If Contractor fails to maintain Site, Architect will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 FINAL CLEANING A. Wash and polish all glass surfaces. B. Dust, vacuum, wash, and clean all spaces, duct work, light fixtures, equipment, electrical work, and all other components of the Work. Remove all stains, dust, and dirt. 3.06 SPECIAL TOOLS A. Provide any special tools, jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation, maintenance, and repair of equipment. B. Special tools and devices are those the design, purpose, and use of which are peculiar to the equipment furnished and which are not available from normal wholesale or retail outlets. Standard general purpose tools are not included in this requirement. C. Provide neat and substantial metal tool box with hinged cover and lifting handles or metal cabinet with hinged door. EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-11239-0 017000-2 3.07 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. B. Deliver spare parts to Owner in original manufacturer's wrapping or container at substantial completion. C. Contractor and Owner shall inspect spare parts and sign a document verifying transfer of spare parts to Owner. 3.08 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146 -1173 or by calling (651) 296 -4444. EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-11239-0 017000-3 PART1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for Operation and Maintenance Manuals. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with Contractor's schedule of submittals. B. Operation and Maintenance Manuals must be approved before placing equipment into operation. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION 3.01 SUBMITTAL PROCEDURES A. Submit 2 preliminary paper copies and one electronic copy of the Operation and Maintenance Manuals 30 days prior to equipment startup for review by the Architect. Architect will review and return one set to the Contractor marked "Approved," "Approved as Noted," "Revise and Resubmit," or `Rejected" consistent with Section 0133 00. B. Electronic copy shall be in Adobe Acrobat format. Electronic copy shall include bookmarks. C. After the Operation and Maintenance Manuals have been corrected, submit 3 final paper copies and 1 final electronic copy. D. Manuals shall include detailed equipment drawings and explicit instructions on the operation and maintenance of each piece of equipment furnished on the Project. E. Operation and Maintenance Manuals shall be submitted separately from shop drawings. 3.02 OPERATION AND MAINTENANCE MANUALS A. Manuals are required for all equipment, accessories, devices, etc. that require adjustment, maintenance, operation, or repairs by the Owner's personnel, including driver, motors, controls, etc. All information shall be supplied by the appropriate equipment manufacturers, neatly bound in rigid cover ring type binders by the Contractor, and properly indexed. Manuals shall include record OPERATION AND MAINTENANCE MANUALS © 2011 Bonestroo 1000034-11239-0 017823-1 shop drawings and copies of factory certified tests. Each manual shall contain the following information where applicable: 1. Operation and Maintenance Manuals shall be clearly identified as operation and maintenance submittal. 2. All performance and design characteristics and unit identification, such as model and serial numbers. 3. All accessories or options furnished with unit. 4. Complete instruction on lubrication, testing, balancing, etc. 5. List of recommended lubricants. 6. Step -by -step instructions for repair or overhaul. 7. Parts list and parts diagram. 8. Long -term and short -term storage and shut -down procedures. 9. Trouble- shooting instructions. 10. Assembly and disassembly instructions. 11. Wiring diagrams. 12. Copy of approved /revised shop drawings. 13. Listing of spare parts the Owner should keep on hand as recommended by the manufacturer. 14. Name and phone number of supplier and manufacturer where repair parts or additional information can be obtained. 15. Copy of warranty. B. Each manual shall be specifically for the items actually installed. Where manuals show a number of models or options, the manual shall be clearly marked to indicate what was furnished and which instructions apply to the furnished unit. C. Superfluous information pertaining to other models, options, etc. not furnished shall be clearly crossed out or otherwise eliminated. Failure to meet this Section of the Specifications will result in payment reduction. D. Manuals shall also contain any technical bulletins, memos, and like documents referenced by the manufacturer's manual. E. Manuals shall also contain additional data deemed necessary by the Architect to provide Owner with complete operational and maintenance data for the product or equipment provided as part of the Work. D • 6, OPERATION AND MAINTENANCE MANUALS © 2011 Bonestroo 1000034-11239-0 017823-2 SECTION 01 78 36 PART 1 GENERAL 1.01 SECTION INCLUDES A. Warranties for the Work of this Project. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1, All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 SUBMITTALS A. Bind in commercial quality, 8 -1/2 inch by 11 inch, 3 -ring, side binders with hardback, cleanable, plastic covers. B. Table of Contents: Provide neatly typed, Table of Contents matching that of the Project Specifications with each item identified with the number and title of the Specification Section in which specified and the name of the product or work item. C. Label cover of each binder with typed or printed title WARRANTIES with title of Project; name, address, and telephone number of Contractor and equipment supplier; and name of responsible principal. D. Separate each warranty keyed to the Table of Contents listing. Provide full information using separate typed sheets as necessary. List subcontractor, supplier, and manufacturer with name, address, and telephone number of responsible principal. 1.04 PREPARATION OF WARRANTIES A. Obtain warranties executed in duplicate by responsible subcontractors and suppliers within 10 days of completion of the application item or Work. Leave date of beginning of time of warranty blank until the Date of Substantial Completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co- execute submittals when required. D. Retain warranties until delivery time indicated below. 1.05 DELIVERY A. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. B. Within 10 days after Architect's declared and written confirmation of the Date of Substantial Completion. WARRANTIES © 2011 Bonestroo ( 000034 - 11239 -0 017836-1 C. For items of Work when acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. 1.06 LENGTH OF WARRANTY A. Minimum length of all equipment warranties shall extend through the Correction Period. B. Length of Warranties: Conform to the requirements of the Specifications. VZITA' Not Used. PART 3 EXECUTION Not Used. • r WARRANTIES © 2011 Bonestroo 1000034-11239-0 017836-2 PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Surface preparation, materials, and application of protective coatings specified herein. 2. Field applied coatings. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 REFERENCES A. American Society for Testing and Materials (ASTM): 1. F1869 "Standard Method of Measuring Moisture Vapor Emission rate of Concrete Subfloor Using Anhydrous Calcium Chloride." 2. D4541 "Test Method for Pull -Off Strength of Coatings Using Portable Adhesion Testers." 3. E -337 "Test Method for Measuring Humidity by Psychrometer." 4. D4414 "Standard Practice for Measurement of Wet Film Thickness by Notched Gauges." 5, Committee D01.23 "Test Method for Nondestructive Measurement of Dry Film Thickness of Applied Organic Coatings Using Ultrasonic Gauge." B. ICRI — International Concrete Repair Institute: 1. Technical Guideline No. 03372, Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings and Polymer overlays. C. SSPC- The Society for Protective Coatings and NACE- The National Association of Corrosion Engineers — Surface Preparation Specifications. The current preparation standards are joint standards SSPC /NACE: 1. SSPC -SP13 /NACE No. 6, Surface Preparation of Concrete. 2. NACE RPO188 "Discontinuity Holiday Testing of Protective Coatings." 1.04 SUBMITTALS REQUIRED A. Shop Drawings: Furnish shop drawings in accordance with Section 0133 00. Include data sheets for each paint system required, as well as color charts. Submit shop drawings of the proposed stencil lettering, arrows, and words to be provided. B. Warranty: The Contractor and coating manufacturer shall warrant jointly and severally to the Owner and guarantee the Work under this Section against defective workmanship and materials for a period of 2 years commencing on the date of final acceptance of the Work. PAINTING © 2011 Bonestroo ( 000034 - 11239 -0 099100-1 1.05 QUALITY ASSURANCE A. The paint products mentioned in the following Specification are set up as a standard of quality. The standard "or equal" clause shall apply. Requests for substitution shall include the name of the specified material for which a substitution is sought, the name of the proposed material, product data sheets, and certified lab testing for each of the criteria referenced below. Additional information may be requested by the Architect. No request for substitution shall be considered which would decrease film thickness or change the generic type of the coating specified. The decision of the Architect regarding approval or disapproval of the proposed substitution shall be final. 1. Performance Criteria to be referenced for each product shall include: a. Abrasion - ASTM D4060, CS -17 Wheel, 1,000 -grams load. b. Adhesion - ASTM D4541. c. Hardness - ASTM D3363. d. Humidity - ASTM D2247 and D4585. e. Salt (Fog) Spray - ASTM B117. f. Corrosion Weathering — ASTM D5894. B. Experience: Contractor must have performed satisfactory installation of protective coatings systems in wastewater treatment facilities and shall have 5 years of practical experience in the application of specified products. Upon request, Contractor shall substantiate this requirement by furnishing a list of references and job completions. In lieu of experience, the Contractor shall provide a guaranty bond or cash deposit equivalent to 100 percent of the Painting Bid Price to guarantee performance. The Contractor shall submit documentation from the manufacturer that he has successfully completed training or obtained certification on the use of the product systems specified herein. C. A minimum of 14 days prior to the start of any painting, Contractor shall schedule a meeting held at the Site with the manufacturer's representative, the Owner, and the Architect. Items discussed will be application, surface preparation, environmental control, coordination, paint properties, safety, quality assurance measures, etc. D. Coating manufacturer shall provide a qualified representative to visit the Site as required for quality assurance and to determine compliance with manufacturer's instructions and this Specification. The Architect may require a manufacturer's representative to resolve field problems pertaining to products furnished under this Contract. E. Inspection by the Architect or the waiver of inspection of any particular portion of the Work shall not be construed to relieve the Contractor of his or her responsibility to perform the Work in accordance with these Specifications. Owner reserves the right to hire a third party inspector if deemed necessary. Inspector(s) shall have full access to all areas of Work. F. Contractor shall complete documentation of quality assurance for the Project. Documentation shall be available to Owner /Architect for periodic analysis throughout the Project and submitted to Owner /Architect as a complete package prior to construction completion. Among the minimum items that should be included as part of this quality assurance is: 1. Documentation that preparation procedures meet the standard specified for each system. 2. Documentation of mil thickness of each coat as it applies to this Specification. 3. Visually inspect and document coatings especially linings for un -cured resin, bubbles, pinholes, fisheyes, checking and foreign debris. Then mark and repair these areas. 4. Test for holidays in immersion areas by use of a holiday detector system. 5. Note: At contractors' option, he or she may elect to have this done by a third parry inspector at the Contractors expense. PAINTING © 2011 Bonestroo 1000034-11239-0 099100-2 1.06 SURFACES REQUIRED TO BE PAINTED A. It is the intent that all existing interior exposed surfaces of metal, concrete masonry units, sheet metal, electrical conduit and junction boxes, wood, and other miscellaneous items be painted, whether specifically mentioned or not, as indicated on the Drawings. 1.07 SURFACES NOT REQUIRED TO BE PAINTED A. Non - ferrous and corrosion- resistant ferrous alloys, such as copper, bronze, monel, aluminum, chromium plate, stainless steel, factory finished metal roofing, metal facing panels, metal soffits, plus fiberglass, except as noted below Therefore, paint the following: 1. Where required for electrical insulation between dissimilar metals. 2. Aluminum in contact with concrete or masonry. 3. Vents, grills, and louvers that are not prefinished. 4. Aluminum ductwork. 5. Copper water and drainage piping systems, including valves and accessories. B. The following surfaces shall not be painted: 1. All HVAC machinery, vents, grills, and louvers that are anodized or factory finished with baked enamel. 2. Non - metallic materials, such as glass and porcelain, except as required for architectural painting or color- coding. 3. Electrical motor control and supervisory panels furnished with baked enamel finish or specified not to be painted. 4. Sprinkler heads. 5. Finish materials with inherent color. 6. Caulking: Pre - colored caulking shall be provided. 1.08 COORDINATION AND SCHEDULING A. Painting shall be done at such times as agreed upon by the Contractor and Architect in order that neat, dust -free work is obtained. All painting shall be done strictly in accordance with the manufacturers' instructions and shall be performed in a manner satisfactory to the Architect. B. Contractor shall strictly adhere to the temperature, dew point, relative humidity, and any other requirements specified on the manufacturer's product data sheets. All heating units shall be indirect fired and explosion proofed. No open flame heaters may be used during application or curing of coatings. All combustion by- products shall be positively vented to the outside. C. Conform to the requirements of Division 01. D. Painting of all steel door tops and bottoms shall be completed prior to hanging of the doors. If this does not occur, all steel doors will be taken off their hinges and laid flat for painting of the tops and bottoms. E. Damage to painted surfaces incurred during construction shall be repainted by the Contractor at no cost to the Owner. F. Protection: Cover or otherwise protect existing surfaces not being painted concurrently or not to be painted. PAINTING © 2011 Bonestroo 1000034-11239-0 099100-3 1.09 PAINT DELIVERY AND STORAGE A. All materials shall be delivered to the Site in the original sealed and labeled containers and shall be subject to inspection by the Architect. All labels shall show the name of the manufacturer, general type of paint, batch date or number, color name or number, and trade name and number identifying each specific product. B. All materials used on the Project by the Contractor shall be stored in a single place provided by the Contractor or designated by the Architect. Such storage shall comply with OSHA Requirements and the recommendations of the National Fire Protection Association. Product data safety sheets shall be kept on Site at all times. C. Oily or solvent- soaked rags and all waste shall be removed every night and all necessary precautions shall be taken to reduce fire hazard to a minimum. ' • i 2.01 APPROVED MANUFACTURERS A. Paints, Coatings, Linings, Sealers, and Stains: 1. Tnemec (Standard of Quality). Note, that Series 20 or FC 20 may be substituted for Series N69 or N69F, but Series N69 or N69F shall not be substituted for Series 20 or FC 20. 2. Equivalent products by Sherwin Williams. 3. Bid other manufacturers as Substitute items. B. Latex Paint: 1. The Sherwin Williams Company (Standard of Quality). 2. Equivalent products by Tnemec, Benjamin Moore, or Ameron. 2.02 COLORS A. All colored products shall be assumed to be tinted, unless stated otherwise. B. Room finish colors shall be selected by Owner. C. The Architect shall select colors from manufacturers' standard and special OHSA safety color guide. D. Interior room colors shall be selected by the Owner and may be a different color in each room. Ceilings and floors may be different colors than walls and there may be up to 2 wall colors in each area. E. The Contractor shall submit color charts to the Architect and Owner and obtain an approved color schedule for all coatings prior to application. 2.03 MATERIALS A. The specified products are the standard of quality. B. All unspecified materials, such as shellac, turpentine, or linseed oil, shall be the "best grade" or "first line" product made by a reputable recognized manufacturer. C. All materials applied to the same surface shall be compatible. PAINTING © 2011 Bonestroo 1000034-11239-0 099100-4 D. Materials shall be ready - mixed, except for tinting of under coats and possible thinning (if recommended by the manufacturer). r 3.01 GENERAL SURFACE PREPARATION A. All surfaces to be painted shall be prepared with the objective of obtaining the cleanliness and profile required for the specified coating system and intended service environment. No painting shall be done before the prepared surfaces are approved by the Architect. Approval by the Architect does not relieve the Contractor of responsibility to meet all requirements of Specifications, paint manufacturer requirements /recommendations, rework as required, etc. B. Remove, mask, or otherwise protect hardware, lighting fixtures, switch plates, aluminum surfaces, machined surfaces, couplings, shafts, bearings, nameplates on valves and machinery, and other surfaces not intended to be painted. Provide drop cloths to prevent paint materials from falling on or marring any adjacent surfaces. Protect working parts of all mechanical and electrical equipment from damage during surface preparation and painting process. All openings in motors shall be masked to prevent paint and all other materials from entering the motors. C. Perform preparation procedures for each substrate in strict accordance with paint manufacturers written instructions and as outlined in the following schedule. Refer to the subsequent discussions for specific preparation requirements: 1. S1: SSPC -SP1 Solvent Cleaning a. The removal of all visible oil, grease, soil, drawing, and cutting compounds, and other soluble contaminants from surfaces with solvents or commercial cleaners using various methods of cleaning, such as wiping, dipping, steam cleaning, or vapor degreasing. 2. S2: SSPC -SP2 Hand Tool Cleaning a. The removal of all loose mill scale, loose rust, loose paint, and other loose detrimental foreign matter by the use of non -power hand tools. 3. S3: SSPC -SP3 Power Tool Cleaning a. The removal of all loose mill scale, loose rust, loose paint, and other loose detrimental foreign matter by the use of power- assisted hand tools. 4. S4: Pressure Wash a. The entire surface shall high pressure washed at a minimum 1,500 psi removing all loose paint, dirt, or foreign matter. Upon completion of pressure washing procedure, rinse all areas with potable water and allow to dry. Dryness of surface shall be verified by use of polyethylene moisture test or a reading of 17 percent or less utilizing a moisture meter. 5. S5: Concrete /Gypsum a. Prepare cementitious surfaces of concrete, concrete block, cement plaster, and mineral fiber board to be painted by removing all efflorescence, chalk, dust, laitance, dirt, grease, oils, and by roughening as required to remove glaze. Scrape and grind fins and protrusions flush with surface. Rake mortar joints clean. 6. S6: SSPC -SP6 or NACE 3 Commercial Blast Cleaning a. The removal of all visible oil, grease, dirt, dust, mill scale rust, paint, oxides, corrosion products, and other foreign matter by compressed air nozzle blasting, centrifugal wheels, or other specified method. Discoloration caused by certain stains shall be limited to no more than 33 percent of each square foot of surface area. A blast profile of 1.0 to 2.0 mils shall be achieved.S7: SSPC -SP7 or NACE 4 Brush -Off Blast Cleaning. b. The removal of all visible oil, grease, dirt, dust, loose mill scale, loose rust, and loose paint by compressed air nozzle blasting, centrifugal wheels, or other specific method. Tightly adherent mill scale, rust, and paint may remain on the surface. 7. S8: High Pressure Wash PAINTING © 2011 Bonestroo 1000034-11239-0 099100-5 a. The entire surface shall be high pressure (minimum 2,500 psi) washed with a biodegradable, phosphate, and residue free additive. A stiff bristle brush shall be used to assist in the removal of all dirt, mildew, dust, and other foreign matter. 8. S9: Acid Etching a. Remove residual dust and dirt with water using a high pressure hose. Remove excess water and allow concrete to dry until the surface is damp. Uniformly apply a solution of 1 part Muriatic Acid and 2 to 4 parts fresh water utilizing low pressure spray equipment or sprinkling cans. When bubbling begins to subside, immediately rinse with clean water while scrubbing with a stiff bristle broom. Test with pH paper and continue the rinsing operation until a pH of 7 or higher is obtained. Allow floor to dry thoroughly before coating. 9. S10: SSPC -SP10 or NACE 2 Near -White Metal Blast Cleaning a. The removal of all visible oil, grease, dirt, dust, mill scale rust, paint, oxides, corrosion products, and other foreign matter by compressed air nozzle blasting, centrifugal wheels, or other specified method. Discoloration caused by certain stains shall be limited to no more than 5 percent of each square inch of surface area. A blast profile of 1.5 to 2.0 mils shall be achieved. 10. S11: Concrete (Severe Exposure, Including Immersion). a. SSPC- SP13 /NACE No. 6 and ICRI CSP 1 -3 which includes: 1) Abrasive blast all surfaces to remove all laitance and solid contaminants. Blasting shall be performed sufficiently close to the surface so as to open up surface voids, bug holes, air pockets, and other subsurface irregularities. 11. SSPC -SP11 Power Tool Cleaning to Bare Metal a. Removal of all visible oil, grease, dirt, mill scale, rust, paint, oxide, corrosion products, and other foreign matter. Slight residues of rust and paint may be left in the lower portion of pits if the original surface is pitted. D. Concrete Block 1. All surfaces shall be cleaned or any loose scale, cement, form oil, curing compounds, dirt, or other deleterious material. 2. Concrete Masonry Units a. Substrate must be clean and dry, and free of all contaminants, including laitance. b. Tooled joints shall be brushed to remove pieces of mortar and other foreign matter. c. Chipped block shall be patched with concrete patching materials prior to application of paint coatings. d. All holes or chips shall be carefully filled and properly repaired prior to painting. E. Wood Surfaces 1. Wood surfaces shall be thoroughly cleaned and free of all matter with cracks, nail holes, and other defects properly filled and smoothed or cleaned, smooth and dust free. F. Galvanized Steel 1. Non - Immersion Service - Roughen surface to create an etch capable of supporting the specified system. Follow with SSPC -SP1 Solvent Cleaning. G. Copper and Aluminum (Non- Submerged): Sand and follow with SSPC -SP1 Solvent Cleaning. H. Pipe Insulation, Interior Rigid, and Interior Semi -Rigid Insulation: Substrate must be clean and dry, and free of oil, grease, and other contaminants. I. Valves: All shop primed valves shall be solvent cleaned in accordance with SSPC -SP1 solvent cleaning to remove grease and oil prior to field painting. 3. PVC, RTRP and Other Non -Metal Piping: Sand and solvent wash with clean rags and MEK. PAINTING © 2011 Bonestroo 1000034-11239-0 099100-6 3.02 PRIMING A. Shop Priming: All steel and iron surfaces shall receive the following: 1. Surface Preparation a. SSPC -SP10 Near -White Metal Blast Cleaning (Immersion) 1) Exterior of submerged ductile iron piping, fittings, and appurtenances: SSPC -SP10 Near -White Blast Cleaning, surface profile of 2.0 to 3.0 mils. b. SSPC -SP6 Commercial Blast Cleaning (Non- Immersion) 1) Exterior of non - submerged ductile iron piping, fittings, valves, appurtenances, and I -beams and columns: SSPC -SP6 Commercial Blast Cleaning, surface profile of 2.0 to 2.5 mils. 2. Coating a. Tnemec 161 or equal from Sherwin- Williams. 3.0 to 5.0 mils dry film thickness. Color shall be Tnemec 1255 Beige or equivalent. 3. Whenever the shop priming coat has been damaged in transit or during construction, the metal shall be spot cleaned in accordance with the specified surface preparation and touched - up. Where the steel is delivered to the Site unprimed, it shall be receive surface preparation and prime coating as required above. B. Field Priming: Non - ferrous and Galvanized Metals. I. Surface Preparation a. Brush blast and clean entire surface to be coated to roughen steel and remove contaminants. 2. Coating a. Tnemec 161 or equal from Sherwin - Williams. 3.0 to 5.0 mils dry film thickness. Color shall be Tnemec 1255 Beige or equivalent. 3.03 PAINT APPLICATION A. Apply each coat at the rate specified for application by the manufacturer. All dry film thickness requirements must be met per this specification regardless of brush roll or spray application. Brush and Roller applications may require additional coats to met the minimum requirement for each coat in each system. B. Stripe coat each coat onto bolts, edges, irregularities, welds, corners, joints, etc. by brush, in addition to spray application. C. Curing time shall not be determined by average curing time under ideal laboratory conditions. Drying time shall be construed to mean "under normal conditions." Temperature, relative humidity, and other environmental factors must be observed. Where conditions are other than normal because of the weather or because painting must be done in confined spaces, longer curing and drying times will be necessary. Additional coats of material shall not be applied over previously applied coats until those coats are adequately cured and thoroughly dried. Units shall not be placed in service until coatings are properly cured and thoroughly dry. D. Where thinning is necessary, only the products of the manufacturer furnishing the paint for that particular purpose shall be accepted and all such thinning shall be done strictly in accordance with the manufacturers' instructions as well as with the full knowledge and approval of the Architect. E. Protection of Materials Not To Be Painted: Remove, mask, or otherwise protect hardware, lighting fixtures, switch plates, aluminum surfaces, machined surfaces, couplings, shafts, bearings, nameplates on machinery, etc. and other surfaces not intended to be painted. Provide drop cloths to prevent paint materials from falling on or marring any adjacent surfaces. Protect working parts PAINTING © 2011 Bonestroo 1000034-11239-0 099100-7 of all mechanical and electrical equipment from damage during surface preparation and painting process. All openings in motors shall be masked to prevent paint and all other materials from entering the motors. F. Paint shall not be applied in extreme heat, temperatures below or above manufacturer's recommendation as listed on the product data sheet, nor in dust, smoke -laden atmosphere, and damp or humid weather. Apply paint in strict accordance with all product data sheet recommendations. G. Abrasive blast cleaning shall not be performed whenever the relative humidity exceeds 85 percent, nor whenever the surface temperature is less than 5 degrees F above the dew point of the ambient air. Coating manufacturer's recommendations to be strictly adhered to. H. Abrasive blast cleaning shall not be performed whenever the relative humidity exceeds 85 percent, nor whenever the surface temperature is less than 5 degrees F above the dew point of the ambient air. Coating manufacturer's recommendations are to be strictly adhered to. Blast cleaned surfaces shall be primed prior to any evidence of rust bloom. I. Finish coats shall be uniform in color and sheen without streaks, laps, runs, sags, pinholes, missed areas, etc. J. In the event heating devices are used, they shall be explosion -proof and of the type that do not exhaust moisture, sooty or oily residues or any other contaminants into the structure, tank, building, etc. Forced air electric heat or heat exchangers with all combustion products positively vented to the exterior is required. K. Yellowing or any other discoloration of paint will be unacceptable and will require repainting at no additional expense to Owner. Contractor shall be responsible to provide all ventilation, heating, etc. to provide proper curing for painting and to prevent discoloration. 3.04 COATING SCHEDULE A. The following surfaces shall receive the surface preparation described in Article 3.01 and the product mentioned below. Prime, intermediate, and finish coats shall be of noticeably different, but compatible colors. Note: For items in the following schedule where immersion service is indicated, it is meant that that the entire interior structure shall be coated from floor to top of the wall, not just the portion of the structure that is immersed. FM -1 Ferrous Metals — Interior exposure, steel bar joists, metal roof decking, sprinkler lines: a. Surface Preparation: S3. b. Shop /Field Primer: Pro -Cryl® Universal Primer, B66, at 2.0 to 4.0 mils DFT. c. Intermediate Coat: Waterborne Acrylic Dryfall, B42BW3, Flat Black, at 3.0 to 4.5 mils DFT. d. Finish Coat: Waterborne Acrylic Dryfall, B42BW3, Flat Black, at 3.0 to 4.5 mils DFT. e. Total DFT: 8.0 to 13.0 mils. FM -2 Ferrous Metals — Interior exposure, including steel and ductile iron pipe systems and steel columns: a. Surface Preparation: S6. b. Shop /Field Primer: Tnemec FC 20 — 1255 or 20 — 155 at 3.0 to 5.0 mils DFT. c. Intermediate Coat: Tnemec Series N69 or N69F polyamide epoxy at 2.0 to 4.0 mils DFT. d. Finish Coat: Tnemec Series N69 or N69F at 3.0 to 5.0 mils DFT. PAINTING © 2011 Bonestroo 1000034-11239-0 099100-8 e. Total DFT: 8.0 to 14.0 mils. FM-3 Interior Metal Doors and Frames: a. Surface Preparation: S1 thru S4 as necessary based on condition of metal. b. Shop /Field Primer: Sherwin Williams - Kern Bond HS at 2.5 to 3.5 mils DFT. c. Intermediate Coat: Sherwin Williams Steel — Master 9500 at 2.0 to 3.0 mils DFT. d. Finish Coat: Sherwin Williams Steel — Master 9500 at 2.0 to 3.0 mils DFT. e. Total DFT: 6.5 to 9.5 mils. M -1 Concrete Masonry Units - Interior Exposure: a. Surface Preparation: S4 and S5. b. 1 Coat of Tnemec Series 54 — 660 polyamide epoxy masonry filler, 10 mils DFT. c. 2 Coats of Tnemec Series N69 or N69F epoxy at 200 square feet per gallon. G -1 Galvanized Steel - Interior Exposure: a. Surface Preparation: S1 thru S4 as necessary based on condition of metal. b. 2 coats of Tnemec Series N69 or N69F Epoxoline at 3.0 to 4.0 mils DFT per coat. CA -1 Non - Submerged Copper and Aluminum - Interior Exposure: a. Face Preparation: Lightly sand and apply S1. b. 2 coats of Series N69 or N69F Epoxoline at 2.0 to 3.0 mils DFT per coat. c. Aluminum surfaces that will be in contact with concrete shall be coated with an extra heavy coat of bitumastic material between surfaces. P -1 PVC, RTRP, and Other Non -Metal Pipe - Interior Exposure: a. Surface Preparation: S1. b. 2 coats of Series N69 or N69F Epoxoline at 2.0 to 3.0 mils DFT per coat. W -1 Wood Surfaces — Interior Surfaces: a. 1 coat oil -based primer. b. 2 coats oil -based paint. GB -1 Gypsum Board — Paint: a. 1 coat of PrepRite® 200 Latex Primer, B28, 1.2 mils DFT. b. Finish: 2 coats Pro Mar 200 Latex Egg Shell Enamel, 820, 1.5 mils DFT /coat. B. Conduit exposed to view shall receive finish coatings the same color as walls and /or ceilings to which they are adjacent. Color selections to be made by Owner. 3.05 DAMAGED COATINGS A. Damaged coatings and pinholes shall have the edges feathered and repaired in accordance with paint manufacturer's directions. B. All finish coats, including touch -up and damage- repair coats, shall be applied in a manner that will present an appearance of uniform color and texture. 3.06 UNSATISFACTORY APPLICATION A. If the item has an improper finish color or insufficient film thickness, the surface shall be cleaned and topcoated with the specified paint material to obtain the specified color and coverage. Specific surface preparation information shall be obtained from the paint manufacturer and the Architect. PAINTING © 2011 Bonestroo 1000034-11239-0 099100-9 B. All visible areas of chipped, peeled, or abraded paint shall be hand or power sanded feathering the edges. The areas shall be primed and finish coated in accordance with the Specifications. Depending on the extent of repair and its appearance, a finish sanding and topcoat may be required by the Architect. C. Work shall be free of runs, bridges, shiners, laps, or other imperfections. Evidence of the conditions is grounds for rejection. D. Any defects in the coating system shall be repaired by the Contractor per written recommendations of the coating manufacturer. OROMiIM01 A. All rags and waste that may be constituted a fire hazard shall be placed in closed metal containers or destroyed at the end of each day. Upon completion of the work all staging, scaffolding, and containers shall be removed from the Site or destroyed in a legal manner. Paint spots, oil, or stains upon adjacent surfaces and floors shall be completely removed and the entire Site left clean and acceptable to the Architect. M • • PAINTING © 2011 Bonestroo 1000034-11239-0 09 91 00 - 10 LP 1 qq iD3COdd E)N11N1Vd'dOI'831Nj AMI:)V S>idom onand ViOSgNNIW 3WOH AUN Q I g MAN I M, 0 MWERM Into 1 O la Lj 0 it i INN-ol'die � dam Z ; of 0 zq 0 4 m it Jim M jib 96 oil is H IM! S� CBS � i HN win! F Gi NvId NOON 9NINVZZ3W!)NIiSIX3 iD3[0'dd !)NLLNIVd 'dOI'd31NI kUII:)V=l s>ndom Diiand .9 . V-LOS3NNIW '3dOH MgN 2 No EP E U VF pp I z 15 t9 t; 4 wNT (N C) 21 o. LU z z LU LU u Ln = En Z a wu w3 w3 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works January 9, 2012 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 6.14 Resolution accepting the interior painting project at the New Hope Public Works facility garage and approving the final payment request to Rainbow Inc. for $69,180 (project 888) Requested Action Staff is recommending that Council pass a resolution to accept the Public Works facility's garage interior cleaning and painting project, improvement project 888, and authorize final payment to Rainbow Inc. in the amount of $69,180. Policy /Past Practice The City Council routinely considers infrastructure improvements to extend the useful life of the infrastructure and /or improve the level of service. The city develops a five -year capital improvement program (CIP) for capital equipment, facility improvements, and infrastructure projects. Every two years the CIP is reviewed, updated, and extended two years for another five -year period. Background Over the years, components of the building have been repaired or replaced, including the replacement of overhead doors, heating and air handling systems, as well as replacement of the passage doors. A portion of the parking garage walls were repainted in the mid -80's, and the parking garage ceiling has not been painted since the building was constructed in 1980. Whereas all of the city vehicles had gasoline engines when the city's Public Works Department moved into the new facility in 1980, all of the large vehicles and most of the smaller vehicles have had diesel engines for the last 20 years. The span of time since the parking garage was last painted, and the exhaust from the diesel engines over the last 20 years, contributed to the poor condition of the facility's parking garage. The cleaning and painting of the parking garage was included as an item in the 2011 Capital Improvement Program (CIP) for the Public Works facility. MOTION BY BY at TO: t ERFA \ Pubworks \ 2012 \ 888 PW Garage Interior Painting Final Request for Action January 9, 2012 Page 2 City staff received three quotes ranging from $69,180 to $143,100 for the cleaning and painting of the parking garage interior. The quote received from Rainbow Inc., at $69,180, was deemed to be the lowest responsible quote. Council awarded a contract to Rainbow Inc. at its September 12, 2011, meeting. Rainbow Inc. is a local company that the city has worked with in the past. The company has provided the city with excellent service and a quality product. Funding The cost to clean and paint the parking garage interior was $69,180 (including sales tax). The city's 2011 CIP had $120,000 budgeted for this project. Funding will be through the central garage replacement reserve fund. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance and the final pay request. City of New Hope Resolution No. 12 -1, 0 Resolution accepting the interior painting project at the New Hope Public Works facility garage and approving the final payment request to Rainbow Inc. for $69,180 (project 888) WHEREAS, the city entered into a contract with Rainbow Inc. for cleaning and painting the Public Works facility's garage interior; and, WHEREAS, staff is recommending that the Council adopt a resolution to approve final payment in the amount of $69,180; and, WHEREAS, all work has been satisfactorily completed and staff recommends that final payment be made to Rainbow Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council approves the final payment to Rainbow Inc. 2. That the city manager is hereby directed to authorize the final payment of $69,180 to Rainbow Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 9th day of January, 2012. Mayor Attest; City Clerk .x n �,�t � I(- December 6, 2011 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Bonestroo Mr. Paul Coone City of New Hope Public Works Building 5500 International Parkway New Hope, MN 55428 Re: Public Works Facility Interior Painting Project Client Name: City of New Hope Client Project No.: 888 Bonestroo Project No.: 000034 - 11239 -0 /Stantec No. 193800105 Pay Request No. 1 -Final Dear Mr. Coone: Transmitted herewith are four (4) copies of Request for Payment No. 1 -Final for the above project. This pay request is for work completed through December 6, 2011. The work on this project has been satisfactorily completed and we recommend approval for payment for the amount of $69,180.00. Please execute the documents and distribute as follows: 1 copy City of New Hope 2 copies Rainbow, Inc. attn: Steve Smith 1 copy Stantec /Bonestroo, attn: Bruce Paulson Also attached for your file is the IC -134 Withholding Affidavit for Contractors. Should you have any questions regarding this project, please feel free to call me at 651- 604 -4849. Sincerely, STANTEC CONSULTING SERVICES INC. (formerly BONESTROO) &W P "— Bruce Paulson, AIA Attachment Aj Ir Bonestroo )wner: City of New Hope, 4401 Xylon Avenue N, New Hope, MN, 55428 -4898 Date: December 6, 2011 or Period: 10/31/2011 to 12/6/2011 Request No: 1 AND FINAL :ontractor: Rainbow Inc 7324 36th Ave N, Minneapolis, MN, 55427 CONTRACTOR'S REQUEST FOR PAYMENT PUBLIC WORKS FACILITY INTERIOR PAINTING PROJECT BONESTR00 FILE NO. 000034 - 11239 -0 CITY PROJECT NO. 888 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BON ESTROO &te, C. pm g t — Approved by Contractor: RAINBOW INC See attached for signature Specified Contract Completion Date: $ 69,180.00 $ 0.00 $ 0.00 $ 69,180.00 $ 69,180.00 $ 0.00 $ 69,180.00 $ 0.00 $ 69,180.00 $ 0.00 $ 0.00 1 AND FINAL $ 69,180.00 Approved by Owner: CITY OF NEW HOPE Date: /- l- / d- RFP- stdForCity.)dsm PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 888 BONESTROO FILE NO. 000034-11239-0 CONTRACTOR RAINBOW INC No. Date Description Amount Total Change Orders PAYMENT SUMMARY 'MA No. From TO Payment Retains Complete. I AND FINAL 10/31/20111 12/06/11 69,180.00 1 1 69,180.00 Material on Hand Total Payment to Date $69,180.00 Original Contract $69,180.0 . Retainage Pay No. 1 AND FINAL Chanqe Orders Total Amount Earned $69,180.00 Revised Contract $69,180.00 RFP-stdForCity.x1sm (N 0 • • • • • x 0 U C 0 Il- HE (Ij G z 0 z z rin u (o LL (] d CL 0 a i Z H O 0 U) 0 z U 0 cu E a) 2 Q E �A OF as 0 a. < 0 Ln Ln z 0 2 ju a) Ln C m 0 m M " Ln 0 Z cu co =$ CL C: 0 z 0 (1) Z CL z 4- �� 9 o r-4 J- C) Z = N tf 0 to Ln 0 Gi :3 Z u c 0) j > C: < 0 O 0 a, c C: Z Ul 5 4; o C u 40 c c ll � 0 0 L) o 0 on 0 '0' u E F- z LU Qv iL 0 0 LL z o O OL t� E E o 0 2 . < Es o � :3 2's a 0 u O 0 O ON =w 4 , 0 0 o 0 c oo a a 4A Is- 2 o 0 U y 0 0 C) 'D oUW < O < 0 o. u " o 5 • 6 Lei U 0 W 0 c 0 w =- 0 < z Z C, 0 'n Z U oz vlog o � > .2 c 0, LIJ Z F- 0. 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U CQ 115 n o6 cT U 4r '� o ZNI w o Po o 0 ti C) 5 O C < r: u . al r z C1 z UJ z w o E 0 C 00 uj o tv z — z zE U 4) < 3: st E 0 E < 0 0 Z 2 W LU r E o V o c 0 0 ca E T (D N Of Oa r M O A O W a LL 0 W Q d _ o ° ou z w U¢a� a u ¢ a w ¢ F� x z M O U O Q rC r 0 U Q nl w O w z 0 H H N R w � t) y � O v U � 0 � H y W � O R Q cl N O U jy ^ � � N O O U � Q o " Q (6 c s. w N .a J N 3 v s C O O a U a� J N N O O O N a 0 Z 0 W = ®3 a3 zZ Ow aZ WW N Q W X .a O } U� W � Z a� LL� W� = U 2 f 0= LL r' O z OF J e� H ° n O C7 Z Z W Q D w W U O 0 W ¢F- MINNMSOTA�- REVENUE Contractor's Withholding Affidavit Confirmation RAINBOW INC ID 9305593 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number Project owner Project-number— Project begin date Pfo end d Project location Subcontractors 424379 Fri Dec 02 09:24:24 CST 2011 Ci - P( OF NEW HOPE October 201 N I NEW HOPE PUBLIC WORKS FACILITY No subcontractors listed, https://www.mndor-state.mn.us/we/action/confinnationPrint 12/2/2011