Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
LC17-015 R.A. Nelson LLC Construction Contract
CONSTRUCTION CONTRACT U.S. Department of Housing and OMB Approval No. 2502-0598 Urban Development (Exp. 06/30/2017) Office of Housing Public Reporting Burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request. HUD Project No.: 101-10016 Project Name: Lake Creek Village Cost Plus Contract X Lump Sum Contract THIS CONSTRUCTION CONTRACT is made this 28th day of August, 2017, between R.A. Nelson LLC ("Contractor") and Lake Creek Village LLC ("Owner") ("CONTRACT"). The definition of any capitalized term or word used herein can be found in this Contract and the General Conditions, except the term "Project" shall have the same definition as in the Regulatory Agreement between Borrower (Owner) and HUD, except that the term "Program Obligations" means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Contract rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (http://www.hud.gov/offices/adm/hudclips/index.cfm or a successor location to that site). Any HUD form referenced herein shall be the current version of that form, and shall include any successor form adopted by HUD. The Contractor and the Owner agree as follows: Article 1: Scope of Contract A. The Contract between the parties is set forth in the "Contract Documents, which consist of this Agreement and the other documents identified in Article 2 below. Together, these form the entire Contract between Owner and Contractor, and by this reference these Contract Documents are fully incorporated herein. Any previously existing contract or understanding concerning the Work contemplated by the Contract Documents is hereby revoked. Any side agreements between Owner and Contractor shall be disclosed to HUD. Previous editions are obsolete Construction Contract Replaces form HUD -92442 and HUD -92442-A (11 /00) LCI 7-015 HUD -92442M (06/14) B. Except to the extent specifically indicated in the Contract Documents to be the responsibility of others, Contractor shall furnish all of the materials and perform all of the Work shown on, and in accordance with, the Drawings and Specifications. Article 2: Identification of Contract Documents A. The Contract Documents are identified as follows: (1) This Construction Contract (HUD -92442M) (Agreement). (2) The General Conditions of the Contract for Construction, AIA Document A201 — 2007 ("General Conditions"), expressly excepting those provisions mandating binding arbitration. If any of the provisions of this Agreement conflict with the terms contained in the General Conditions, the provisions in this Agreement shall control. (3) The Supplementary Conditions of the Contract for Construction (HUD -92554M), attached as Exhibit A. (4) The HUD Special Conditions, attached hereto as Exhibit B. (5) The Drawings, an index of which is attached hereto as Exhibit C. .Number Title Dagen (6) The Specifications, an index of which is attached hereto as Exhibit C. .P oor Tido Pages (7) The Contractor's and/or Mortgagor's Cost Breakdown (HUD -2328), approved by HUD on the date of July 14, 2017, attached hereto as Exhibit D. (8) Intentionally Omitted. ._ . (10) Completed and fully -executed document identifying Identities of Interest among Owner, Contractor, Subcontractors, and Architect (see Appendix 8 of Handbook 4430.1 and the MAP Guide Appendices). (11) Any change orders approved by HUD after the execution of this Contract. Previous editions are obsolete Construction Contract HUD -92442M (06/14) Replaces form HUD -92442 and HUD -92442-A (11/00) (12) If applicable, the Retainage Reduction Rider attached hereto as Exhibit E. B. The Drawings and Specifications were prepared by TAB Associates, Inc. (Design Architect). The architect administering the Construction Contract is TAB Associates, Inc. ("Architect"). C. A master set of the Drawings and Specifications, identified by the signatures of Owner, Contractor, Design Architect, Architect, Lender (if applicable), and Contractor's surety or guarantor (if applicable), have been placed on file with HUD, and shall govern in all matters that arise with respect to the Contract Documents. D. Changes in the Drawings and Specifications, or any terms of the Contract Documents, including orders for extra work, changes by altering or adding to the Work, orders that shall change the design concept, or orders extending the Project Substantial Completion Deadline (identified in Article 3) may be effected only with the prior written approval of Owner's Lender (as defined in Article 11) and HUD, and under such conditions as either Lender or HUD may establish. Article 3: Time A. Contractor shall commence the Work to be performed under this Contract within 10 days of this Agreement and shall bring the Work to Project Substantial Completion by August 28, 2018 ("Project Substantial Completion Deadline"). B. "Project Substantial Completion" shall be the date that the HUD Representative signs the final FHA Inspection Report contained in form HUD -92485 (Permission to Occupy Project Mortgages) for the Project required by the Contract Documents and Program Obligations, provided the Permission to Occupy in the same HUD -92485 is subsequently signed by the Authorized Agent of FHA. For purposes of determining any Liquidated Damages in Article 3.E below, "Substantial Completion" shall be the stage in the progress of the Work when a designated portion of the Work is sufficiently complete in accordance with the Contract Documents and Program Obligations so that the Owner can occupy or utilize that designated portion of the Work for its intended use, the HUD Representative signs the FHA Inspection Report in form HUD -92485, and the Permission to Occupy in the same HUD -92485 is subsequently signed by the Authorized Agent of FHA. Notwithstanding any other provision in the Contract Documents, Contractor remains liable to complete items of incomplete construction as approved in HUD's sole discretion. C. The Project Substantial Completion Deadline may be extended in accordance with the terms of the General Conditions only with the prior written approval of HUD through a HUD -approved change order. D. Contractor shall correct any defects due to faulty materials or workmanship which appear within twelve (12) months from Project Substantial Completion. Warranty for Work first performed after Project Substantial Completion or portions of the Work not specifically included in a Certificate of Substantial Completion (defined as any executed Permission to Occupy in HUD -92485) shall extend twelve (12) months from the Date of Final Completion. The "Date of Final Completion" shall be the date the HUD Previous editions are obsolete Construction Contract HUD -92442M (06/14) Replaces form HUD -92442 and HUD -92442-A (11/00) representative signs the final HUD Representative's Trip Report (form HUD -95379) provided that the trip report is subsequently endorsed by the Construction Manager. Warranty for all Work performed after the Date of Final Completion shall extend twelve (12) months from the date all such Work is completed. E. If Contractor does not meet the Project Substantial Completion Deadline or such date to which the Project Substantial Completion Deadline may be mutually extended by approved change order, in accordance with the Drawings and Specifications, including any authorized changes, the maximum sum stated in Article 4 (either Option 1 or Option 2) below shall be reduced by $4.84 per unit for each day of delay until Project Substantial Completion ("Liquidated Damages"). Liquidated Damages, however, shall not be assessed against any of the Work that has reached Substantial Completion (if applicable) in accordance with Program Obligations. When Owner submits to HUD its Cost Certification, Actual Damages shall be calculated. The term "Actual Damages" is defined as the actual cost of interest, taxes, insurance and mortgage insurance premiums, less the Project's net operating income, for the period from the Project Substantial Completion Deadline through Project Substantial Completion, the calculation of which shall be approved by HUD. The lesser of the Liquidated Damages or Actual Damages shall be applied. F. Intentionally Omitted. Article 4: Contract Sum -- Cost Plus Contract A. Subject to the provisions hereinafter set out, Owner shall pay to Contractor for the performance of this Contract the following items in cash: (1) The Actual Cost of Construction as defined in Article 13 below; plus (2) Builder's Profit of $327,438.00. In no event, however, shall the total cash payable pursuant to this paragraph A exceed $7,436,182. B. In addition to any cash fee provided for in paragraph A, Owner shall pay to Contractor, by means other than cash, the following: (1) A promissory note in the form prescribed by HUD in the amount of $N/A. (2) $N/A in the form of N/A. C. If Contractor shall have received cash payments in excess of (a) the Actual Cost of Construction plus (b) the Builder's Profit, plus any additional amount to be paid under the provisions of paragraph B, all such excess shall be refunded to Owner. D. Intentionally Omitted. E. Intentionally Omitted. Article 5: Requisition and Payment Procedures A. Each month after the commencement of Work hereunder, Contractor shall make a monthly request on HUD -92448 for payment by Owner for Work done during Previous editions are obsolete Construction Contract HUD -92442M (06/14) Replaces form HUD -92442 and HUD -92442-A (11/00) the preceding month. Each request for payment shall be filed at least 15 days before the date payment is desired. Subject to the approval of Lender and HUD, Contractor shall be entitled to payment thereon in an amount equal to (1) the total value of classes of the Work acceptably completed; plus (2) the value of materials and equipment not incorporated in the Work, but delivered to and suitably stored at the site; plus (3) the value of components stored off-site in compliance with Program Obligations; less (4) ten (10) percent holdback, as this percentage may be reduced in accordance with the provisions of the Retainage Reduction Rider attached hereto, if applicable (or as reduced by HUD in writing) and less (5) prior payments. The "values" of (1), (2) and (3) shall be computed in accordance with the amounts assigned to classes of Work in HUD -92328. B. With its final application for payment by Owner, Contractor shall disclose, on a form prescribed by HUD, all unpaid obligations contracted in connection with the Work performed under this Contract. Contractor agrees that within 15 days following receipt of final payment, it shall pay such obligations in cash and furnish satisfactory evidence of such payment to Owner. C. The balance due to Contractor hereunder shall be payable upon the expiration of thirty (30) days after the Work hereunder is fully completed, provided the following have occurred: (1) all Work hereunder requiring inspection by Governmental Authorities having jurisdiction has been inspected and approved by such authorities and by the rating or inspection organization, bureau, association or office having jurisdiction; (2) all certificates of occupancy, or other approvals, with respect to the Project have been issued by Governmental Authorities; (3) Permission(s) to Occupy (HUD -92485) for all units of the Project have been issued by HUD; (4) where applicable, HUD shall have approved Contractor's Certificate of Actual Cost; (5) as - built Drawings and Specifications, the as -built survey and all warranties shall have been delivered to Owner; and (6) all executed final advance documents required by HUD have been submitted. Article 6: Receipts, Releases of Liens & Payments for Materials & Equipment A. Contractor agrees that within fifteen (15) days following receipt of each monthly payment, it shall pay in full and in cash all obligations for Work done and materials, equipment and fixtures furnished through the date covered by such monthly payment. Contractor may withhold retainage from the payment due each subcontractor, corresponding to, but not exceeding, the ten (10) percent holdback specified in item (4) of Article 5, paragraph A. B. Owner may require Contractor to attach to each request for payment its acknowledgment of payment and all subcontractors' and material suppliers' acknowledgments of payment for Work done and materials, equipment and fixtures furnished through the date covered by the previous payment. C. Contractor agrees that no materials or equipment required by the Specifications shall be purchased under a conditional sale contract or with the use of any security agreement or other vendor's title or lien retention instrument. D. Concurrently with the final payment, Contractor shall execute a waiver or Previous editions are obsolete Construction Contract HUD -92442M (06/14) Replaces form HUD -92442 and HUD -92442-A (11/00) release of lien for all the Work performed and materials furnished hereunder, and Owner shall require Contractor to obtain similar waivers or releases from all subcontractors and material suppliers, if permitted by state law. Article 7: Obligations of Contractor A. Owner shall furnish building permits and plan review fees. Contractor shall furnish, at its own expense, all , licenses, tools, equipment and temporary structures necessary for the construction of the Project. Contractor shall give all required notices and shall comply with all applicable codes, laws, ordinances, rules and regulations, and protective covenants, wherever applicable. Contractor shall comply with the provisions of the Occupational Safety and Health Act of 1970. Contractor shall immediately notify Owner, Lender and HUD of the delivery of all permits, licenses, certificates of inspection, certificates of occupancy, and any other such certificates and instruments required by law, regardless of to whom issued, and shall cause them to be displayed to Owner, Lender and HUD upon request. B. If Contractor observes that the Drawings and Specifications are at variance with any applicable codes, laws, ordinances, rules or regulations, or protective covenants, it shall promptly notify Architect in writing, and any necessary changes shall be made as provided in this Contract for changes in the Drawings and Specifications. If Contractor performs any Work knowing it to be contrary to such codes, laws, ordinances, rules or regulations, or protective covenants, without giving such notice to Architect, it shall bear all costs arising therefrom. C. Upon completion of construction, Owner shall obtain a land survey map prepared in accordance with Program Obligations, ALTA-ACSM standards and the HUD Surveyor's Report showing the location on the site of all improvements constructed thereon, and showing the location of all water, sewer, gas and electric lines and mains, and of all existing utility easements. Such survey map shall be prepared by a licensed surveyor who shall certify that the Work is installed and erected entirely upon the land covered by the Security Instrument and within any building restriction lines on said land, and does not overhang or otherwise encroach upon any easement or right-of-way of others. To the extent such data shows that the Contractor has deviated from the Plans and Specifications, Contractor shall be responsible, at its own expense, for correcting any such deviations. theFetefoFe IGGate d on a survey.- D. uryeyD. Contractor shall assume full responsibility for the maintenance of all landscaping that may be required by the Drawings and Specifications until such time as both parties to this Contract shall receive written notice from HUD that such landscaping has been finally completed. Owner hereby agrees to make available to the Contractor, for such purpose, without cost to the latter, such facilities as water, hose and sprinkler. E. There shall be withheld from the final payment an amount satisfactory to Lender and HUD for any Work items that are incomplete at the time of such final payment. Article 8: Assurance of Completion Previous editions are obsolete Construction Contract HUD -92442M (06/14) Replaces form HUD -92442 and HUD -92442-A (11/00) Contractor shall furnish to Owner assurance of completion of the Work in the form of (specify) Payment and Performance Bonds. Such assurance of completion shall run to Owner and Lender as obligees and shall contain a provision whereby the surety agrees that any claim or right of action that either Owner or Lender might have thereunder may be assigned to HUD. Article 9: Waiver of Lien or Claim A. In jurisdictions where permitted by law, Contractor shall not file a mechanic's or materialman's lien or maintain any claim against Owner's Land or Improvements for or on account of any Work done, labor performed or materials furnished under this Contract, and shall include in each subcontract a clause which shall impose this requirement on the subcontractor. B. In jurisdictions where permitted by law, Owner may require Contractor to execute a waiver of liens that shall be recorded prior to the commencement of construction. Contractor for itself, subcontractors, suppliers, materialmen, and all persons acting through or under it, agrees not to file or maintain mechanics' liens or claims against the property described herein, on account of Work done, labor performed or materials provided by them. Article 10: Right of Entry A. At all times during construction, HUD, Lender, and their agents or assigns shall have the right of entry and free access to the Project and the right to inspect all Work done and materials, equipment and fixtures furnished, installed or stored in and about the Project. For such purpose, Contractor shall furnish such enclosed working space as Lender or HUD may require and find acceptable as to location, size, accommodations and furnishings. Article 11: Assignments, Subcontracts and Termination A. This Contract shall not be assigned by either party without the prior written consent of the other party, Lender and HUD, except that Owner may assign this Contract, or any rights hereunder, to Lender or HUD. B. Contractor shall not subcontract all of the Work to be performed hereunder without the prior written consent of Owner, Lender and HUD. C. Upon request by Owner, Lender or HUD, Contractor shall disclose the names of all persons with whom it has contracted or will contract with respect to Work to be done and materials and equipment to be furnished hereunder. D. Contractor understands that the Work under this Contract is to be financed by a building loan to be secured by a Security Instrument and insured by HUD, and that the terms of said Loan are set forth in a Building Loan Agreement between Owner as Borrower and Wells Fargo Bank, National Association as Lender. E. Contractor further understands that said Building Loan Agreement provides that, in the event of the failure of Owner to perform its obligations to Lender thereunder, Previous editions are obsolete Construction Contract HUD -92442M (06/14) Replaces form HUD -92442 and HUD -92442-A (11/00) Lender may, as attorney-in-fact for Owner, undertake the completion of the Project in accordance with this Contract. In the event Lender elects not to undertake such completion, this Contract shall terminate pursuant to AIA Document A201 § 14.2 in the case of termination for cause, or AIA Document A201 § 14.4 in the case of termination for convenience. Article 12: Roles of HUD and Lender HUD is the insurer of Lender's Loan made to finance the construction identified herein, pursuant to the Building Loan Agreement. Nothing provided herein, no action or inaction of the parties to this Contract, or actions or inaction by any third parties, shall impute to HUD or Lender status as a party to this Agreement; HUD and Lender have no liability to Contractor or Owner under the Contract Documents. Article 13: Certification of Actual Cost -- Cost Plus Contract A. The "Actual Cost of Construction" shall include all items of cost and expense incurred by Contractor in the performance of this Contract. Allowable items of cost and expense incurred by Contractor in the performance of this Contract shall include costs and expenses of labor, materials for construction, equipment and fixtures, field engineering, sales taxes, workmen's compensation insurance, social security, public liability insurance, general requirements and all other expenses directly connected with construction. The value of any kickbacks, rebates or discounts received or receivable in connection with the construction of the Project shall be subtracted from all items of cost and expense. Any cost or expense attributable to maintaining Contractor's working capital is not to be included within the Actual Cost of Construction. B. Contractor shall keep accurate records of account of the Actual Cost of Construction, and shall, upon demand, make such records and invoices, receipts, subcontracts and other information pertaining to the construction of the Project available for inspection by Owner, Lender and HUD. C. With its final application for payment, Contractor shall furnish to Owner a completed "Contractor's Certificate of Actual Cost" that shall be accompanied and supported by an independent public accountant's or independent certified public accountant's certificate as to actual cost in form acceptable to HUD. D. Contractor shall include in all subcontracts, equipment leases and purchase orders a provision requiring the subcontractor, equipment lessor or supplier to certify its costs incurred in connection with the Project, in the event HUD determines there is an Identity of Interest between either Owner or Contractor and any such subcontractor, equipment lessor or supplier. Article 14: Designation of Representatives A. Owner hereby designates Rick Ullom as its representative for all communications involving Work performed pursuant to this Contract. B. Contractor hereby designates Mike Cuthbertson as its representative for all communications involving Work to be performed pursuant to this Previous editions are obsolete Construction Contract HUD -92442M (06/14) Replaces form HUD -92442 and HUD -92442-A (11/00) Contract. Article15: Mediation and Non-binding Arbitration Any mediated settlement agreement or non-binding arbitration agreement made pursuant to the General Conditions must be approved by HUD in writing before it will be effective. Article 16: Headings and Titles Any heading, section title, paragraph or part of this Agreement is intended for convenience only, and is not intended, and shall not be construed, to enlarge, restrict, Limit or affect in any way the construction, meaning, or application of the provisions thereunder, or under any other heading or title. Article 17: Severability The invalidity of any provision of this Contract shall not affect the validity of any other provision, and all other provisions shall remain in full force and effect. IN WITNESS WHEREOF, the parties to these presents have executed this Contract in counterparts, each of which shall be deemed an original. CONTRACTOR R.A. Nelson LLC -NAME: TITLE: 1071TI ; LAKE CREEK VILLAGE LLC, a Colorado limited liability company By: Eagle County Housing and Development Corporation, a Colorado nonprofit corporation, its manager By: Name: Jill' Klosterman Title: Secretary Previous editions are obsolete Construction Contract HUD -92442M (06/14) Replaces form HUD -92442 and HUD -92442-A (11/00) Exhibit A Supplementary Conditions SUPPLEMENTARY CONDITIONS U.S. Department of Housing OMB Approval No. 2502-0598 OF THE CONTRACT FOR and Urban o Husing Development (Exp. 06/30/2017) CONSTRUCTION Public Reporting Burden for this collection of information is estimated to average 0.2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request. Article 1: Labor Standards A. Applicability. The Project or program to which the construction work covered by this Contract pertains is being assisted or insured by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract or related instrument pursuant to the provisions applicable to such Federal assistance or insurance. Any statute or regulation contained herein shall also include any subsequent amendment or successor statute or regulation. .4ages. Pursuant to SeGtien 212 of the National Housing AGt, as amended, 12 U.S. . 17!5r--, th Gentained in this paragFaph B do not apply to those pFojeGts with SeGuFft� �s insured undeF SeGthon- 221 (h)(1) designed feF less thaR 9 fami ies and they dO Rot apply to these projeGtS with All labeFers and meGhaniGs employed OF WOFking upon the site of the WOFk (er under the United States Heusing AGt of 1937 GF undeF the ng 1Gt of i GonStFUGtien OF developmeRt E)f the PFojeGt) shall be paid unGenditienally and not less • GFR PaFt 3)), the full amount of wages a betweenfide fFinge benefits (eF Gash equivalents thereoq due at time of paymeRt GOMPuted at rates ROt less than those Gontained in the wage determinatiOR of the SeGFetary of Labor relatiGnship whiGh may be alleged to exist _ GentraGter and SuGh laborers Previousand meGhanmGs. Contributions made or Gosts reasonably antiGipated for bona f benefits under SeGt!GR 1 (b)(2) of the Davis BaGen AGt (40 U.S.G. 3141(2)(B)(44-efl- made or Gests *nGUFFed fGF MGM than a weekly peFied (but net less often than quartedy) editions are obsolete; C• • • •• •(06/14 Replaces Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 r M.N. 11101, • ON \ - Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 r M.N. 11101, ZINMUM. ON ■ 170 \ ■ CTS 1 1 ■ • 1 - ■ r ■ HIFUN- 1 .1.1 WN1.011011M wi�i�ll ■ 1 . ■ Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 2 me WHOM -IrMP11-CUT.■ .,- - 1 .. . .. -- ■ - - - ■- MO ■ 1-4 N Mr.qnrr jr jr ... MM - ■ - - _ - -M AMP 'r 1 . i Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 MAO ,. MI - • • - OWN M MAO Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 ,. - • - - OWN M • - - IN 0.40' WA af WAM1 A • - Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 - . . - -23 _ _ ■ OM _ • • _ ■ ._ , _ . M.1 ■_ - Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 C. Contract Work Hours and Safety Standards Act. 1. Applicability and Definitions. This paragraph C of Article 1 is applicable only if a direct form of federal assistance is involved, such as Section 8, Section 202/811 Capital Advance, grants etc., and is applicable only where the prime contract is in an amount greater than $100,000. As used in this paragraph C, the terms "laborers" and "mechanics" include watchmen and guards. 2. Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work that may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 3. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the immediately preceding subparagraph C.2, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of such subparagraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in such subparagraph. 4. Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 -FMM!- - C. Contract Work Hours and Safety Standards Act. 1. Applicability and Definitions. This paragraph C of Article 1 is applicable only if a direct form of federal assistance is involved, such as Section 8, Section 202/811 Capital Advance, grants etc., and is applicable only where the prime contract is in an amount greater than $100,000. As used in this paragraph C, the terms "laborers" and "mechanics" include watchmen and guards. 2. Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work that may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 3. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the immediately preceding subparagraph C.2, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of such subparagraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in such subparagraph. 4. Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 moneys payable on account of work performed by the Contractor or subcontractor under any such contract, or under any other Federal contract with the same prime contractor, or under any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph 3 of this paragraph C. 5. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 5 of this paragraph C and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in such subparagraphs 1 through 5. D. Certification. For projects with Security Instruments insured under the National Housing Act, as amended, that are subject to paragraph B of this Article 1, the Contractor is required to execute the Contractor's Prevailing Wage Certificate within HUD -92448 as a condition precedent to insurance by HUD of the Loan, or an advance thereof, made or to be made by the Lender in connection with the construction of the Project. Article 2: Equal Employment Opportunity A. Applicability. This Article 2 applies to any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee. B. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, disability, or national origin. Previous editions are obsolete; Construction Contract Supp HUD -92554M Replaces form HUD -92554 D. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. F. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. H. The Contractor shall include the provisions of paragraphs A through H of this Article 2 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as HUD or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD or the Secretary of Labor, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Article 3: Equal Opportunity for Businesses and Lower Income Persons Located Within the Project Area A. This Article 3 is applicable to projects covered by Section 3, as defined in 24 CFR Part 135. B. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the unit of local government or the metropolitan area (or non -metropolitan county) as determined by HUD in which the Project is located and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 substantial part by persons residing in the same metropolitan area (or non -metropolitan county) as the Project. Article 4: Health and Safety A. This Article 4 is applicable only where the prime contract is in an amount greater than $100,000. B. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. C. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926, and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. D. The Contractor shall include the provisions of this Article 4 in every subcontract so that such provisions shall be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as HUD or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete; Construction Contract Supp HUD -92554M (06/14) Replaces form HUD -92554 Exhibit B HUD Special Conditions NONE Exhibit C Index of Drawings and Specifications DR."Wa SCHEDULE ISSUE DATE PG 0 SI MET TITLr= 04/5/11 1 AO.0 COVER AND TA51-5 Or- CONTENTS 04/5/11 2 AO.1 SITE PLAN AND PROJECT IWORMATION 04/5/11 3 A02 SPECS 04/5/11 4 072.1 TYPE A BUILDINGS DEMO SMET 04/5/11 5 A2.1 TYM A BUILDINGS 04/S/Il b D22 TYPE B DUILDINGB DEMO SHEET 04/5/11 1 A22 T FI=- B BUILDINGS 04/5/11 8 D23 TYPE C BUILDINGS DEMO SHEET 04/5/11 9 A2.3 TYPE C BUILDINGS 04/5/11 IO A5.1 GENERAL DETAILS 11 A52 GsRAL DETAILS -04/5/11 04/5/11 12 A53 GYRAL DETAILS Exhibit D Cost Breakdown (HUD -2328) Contractor's and/or Mortgagor's U•S. Department of Housing and OMB No. 2502.0044 (exp. 0613012010) Urban Development Cost Breakdown Office of Housing Schedules of Values Federal Housing Commissioner Public reporting burden for this cotlectlon of information Is estimated to average 4 hours per response, Includmg the lime for reviewing inshx%ons, searching exltting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. This Warmatlon is required to obtain bonoths. HUD may not collect this Information, and you aro not required to complete this form, urtess it displays a currently valid OMB Conuot Number. Section 227 of the National Housing Act (Section 126 of the Housing Art of 1954, Public taw 580.12 U.S C., 17150, aWwdzes the collection of this information. The Information Is required for a general contractor when an identity of interest racists between the general contractor and the mortgagor at when the mortgagor is a non• profit entity and a cost plus contract has been used. The Information is used by HUD to facilitate the advatu es of mortgage proceeds and thek monitoring. Privacy Act Notice. The United States Department of Housing and Urban Development, Federal Housing AdminlWrallon, Is authorized to soich the Information requastad in this form by vinue of This 12. United states Code, Section 1701 at seq., and regulations promulgated thereunder at Title 12. Code of Federal Reguiations. While no assurances of conftdenganry Is pledged to respondents, HUD generally discloses this data orgy In tesperm to a Freedom of Information request. Date 6/5/2017 I Sponsor Lake Creek Village, LLC Profac t No. auldmg idenll9colon 1 01-1 001 6 Buildings i through 34 Nam of Pro)edj LocaCcn Lake Creek Village Apartments Exterior Renovations I 4923 Lake Creek Village Dr. Edwards, CO 61632 This form represents the Contractors and/or Mortgagors firm costs and services as a basis for disbur6ing dollar amounts when insured advances are requested. Detailed instructions for completing this form are Included on the reverse side. form HUD -2328 (5195) Previous edition is obsolete Page 1 of 3 rot. Handbook 4450.1 & 4460.1 L, ---o Dav I tom Eoith Naris Caste 35 2 36 2 37 2 Site UW ties Fnadfst and a;ks 38 2 Site Improvements P Lawns and Pt antro g 40 2 4 1 Unusual Site Con&Ion Total Land Improvements Noolasid,indai and Spaval a vorLand impravornant _,dodiniradoStoat brookoon) 015 1� Coll. (coats not in: uded to tmda ii6m roe d ten) 42 Total Structs & Land Imprvis. Est, Cost o- Est Ct 43 1 General Reqwlrernonts $1,322,125 44 Subtotal (Lines 42 and 43) $6,900,804 45 Bulliter's Overhead $139,005 46 Bu1dara PIDIlt $,327,438 Total S 1 47 Subtotal (Unes -14 ihru $7,367.247 Foes ------T —Toial s 48 Dorriolion (costs not includod in trade ,tam breakdown) 49 Other Fees so Bond Premium $68,935 0a7=,P!ion EA Cost 5J Tolat for All Improvamonts $7 ,4.36 182 52 Buildoft Profit Paid by Means Other Than Cash 53 Total for Ali Improvements Less Line 62 - $7,436,182 I I total $ Total S I hereby certify that all the Infountallonatatird heroin, no well as any lnlorrriabon provided 'nth* accompaniment hot ovilth, It true and accurate. Warning: HUD wl'i prosecute fatcor clalins and statements. Conviction may result in errilital and/or civil ponWliat. (IOUSC.1001, 1010,11012; 31 U,S.C.3729.3802) Xc- V1,0 6/20/2017 RA Nli�lsr LLC FNA )R ys�, "Sing Analil3f) •Date FHA COM ArWalli ale V 1 6/20/2017 Instructions for Completing Form HUD -2328 I This form Is prepared by the contractor andfor mortgagor as a requirement for the Issuance of a firm commitment. The firm replacement cost of the project also serves as a basis for the disbursement of dollar amounts when Insured advances are requested. A detailed breakdown of trade Items Is proviz!,ed along with spaces to enter dollar amounts and trade descriptions, A separate form Is prepared through line 32 foreach structure type- A summation of these structure costs are entered on line 32 of a master form. Land Improvements, General Requirements and Fees are completed through line 53 on the master 2328 only. Date --Date form was prepared. Sponsor --Name of sponsor or sponsoring organization, Project No.--Eight-digit assigned project number, Building Identification--Number(s) or Letter(s) of each building as designated on plans. Name of Project—Sponsors designated name of project. Location—Street address, city and state. Division—Divislon numbers and trade items have been developed from the cost accounting section of the uniform system, Accessory Structures --This item reflects structures, such as: com- munity, storage, maintenance, mechanical, foundry and project office buildings. Also Included are garages and carports or other buildings, When the amount shown on line 33 is $20,000.00 or 2% of line 32 whichever Is the lesser, a separate form HUD -2328 will be prepared through line 32 for Accessory Structures. Unusual Site Conditions --This trade Item reflects rock excavation, high water table, excessive cut and fill, retaining walls, erosion, poor drainage and other on-site conditions considered unusual. Cast --Enter the cost being submitted by the Contractor or bids submitted by a qualified subcontractor for each trade Item. These costs will include, as a minimum, prevailing wage rwos as determined by the Secretary of Labor. Trade Description ---Enter a brief descriplon of the work lnc'uded in each trade Item. Other Fees—lnc`udablo are fees to be paid by the Contractor, such as sewer tap fees not Included In the plumbing contract. Fees paid or to be paid by the Mortgagor are not to be included on this form. Total For All Improvements —This is the sum of Rnos I through 50 'Ind Is to Include the total builder's profit (fine 46). form HUD -2328 (5195) Proviois adron Is obso!,,te Page 2 iA 3 ref. ,ani ftmook 14501 8 44&0.1 Line 52—When applicable, enter that portion of the builder's profit (line 46) to be paid by means other than cash andfor any part of the builder's profit to be waived during construction. Non -Residential and Special Exterior Land Improvement Costs— Describe and enter the cost of each Improvement, i.e. on-site parking facilities including IndivIduat garages and carports, commercial facill- ties, swimming pools with rotated facilities and on -she features pro- vided to enhance the environment and livability of the project and the neighborhood, The Design Representative and Cost Analyst shall collaborate with the mortgagor or his representative In designating the Items to be Included. Off $Ito Costs—Enter description and dollar amount including fees and bond premium for off-site improvements. Dernoillion—Enter description and dollar amount of demolition work necessary to condition site for building improvements Including the removal of existing structures, foundations, utilities, etc, Other Fees—Enter a brief description of Item Involved and cost estimate for each item. Signatures—Enter the firm name, signature of authorized officer of the contractor andfor mortgagor and date the form was completed. Previous edition Is obsolete Page 3 of 3 form HUD -2328 (5195)rat. Handbook 4450 1 3 4460.1 EXHIBIT E Retainage Reduction Rider Amount of Retainage. In accordance with Chapter 12.15(E)(1) of the HUD Multifamily Accelerated Processing (MAP) Guide, Revised January 29, 2016, the holdback of ten percent (10%) retainage as set out in item (4) of Article 5, paragraph A of the Construction Contract will be required only until 50% completion. After 50% completion, the retainage may be reduced to 5% until 75% completion, and then may be reduced to 2.5% retainage until the loan reaches Final Endorsement. 2. HUD Requirements. The requirements for reduction of the retainage after 50% completion are as follows: a. The Contractor has no identity -of -interest with the owner that is greater than a 5% equity interest in the ownership entity, b. Prior written consent from the Surety must be obtained and attached to the request for reduction, and c. There can be no questions regarding the contractor's performance concerning the quality of work, compliance with the contract and with any change orders or work in progress. HUD must make the decision to reduce the retainage based on the recommendation of HUD's construction inspector. d. Assuming the above conditions are met, and subject to HUD approval, the existing standard of 10% retainage will be required only until 50% completion. After 50% completion, the retainage may be reduced to 5% until 75% completion, and then may be reduced to 2.5% retainage until the loan reaches Final Endorsement. Appendix 6 Amendment to the Construction Contract to Identify Identities of Interest Between Owner/ Contractor/ Subcontractors/ Architect Project Name Lake Creek Village Project Number 101-10016 1. Definition of terms used in this Amendment. a. Architect. Architect administering the Construction Contract. b. HUD. The U.S. Department of Housing and Urban Development. c. Owner. The Mortgagor/Owner. d. Subcontractor. Any Project subcontractor, materials supplier, equipment lessor, or industrialized housing manufacturer/supplier. 2. The undersigned hereby certify that all identities of interest known to exist between the Owner and the Contractor, and/or between the Owner and/or the Contractor and the Architect and/or any Project subcontractor are listed herein. The Owner and the Contractor shall each inform HUD in writing within 5 working days of its knowledge of any identity of interest that develops after execution of this Contract. List all Identities of Interest: 3. An Identity of Interest is construed to exist where: a. The Contractor, Architect and/or any subcontractor take any financial interest in the Project and/or Owner as part of the consideration to be paid. b. The Contractor advances any funds to the Owner or Architect; or the Architect advances any funds to the Owner, contractor and/or any subcontractor; or any subcontractor advances any funds to the Owner, Contractor and/or Architect. c. The Owner has any financial interest in the Contractor, Architect and/or any subcontractor; or the contractor has any financial interest in the Owner, Architect and/or any subcontractor; November 2011 Appendix 6 or the Architect has any financial interest in the Owner, Contractor and/or any subcontractor; or any subcontractor has any financial interest in the Owner, Contractor and/or Architect. d. Any officer, director, stockholder or partner of the Owner has any financial interest in the Contractor, Architect and/or any subcontractor; or any officer, director, stockholder or partner of the Contractor, has any financial interest in the Owner, Architect and/or any subcontractor; or any officer, director, stockholder or partner of the Architect has any financial interest in the Owner, Contractor and/or any subcontractor; or any officer, director, stockholder or partner of any subcontractor has any financial interest in the Owner, Contractor and/or Architect. e. Any officer, director, stockholder or partner of the Owner is also an officer, director, stockholder or partner of the Contractor, Architect and/or any subcontractor; or any officer, director, stockholder or partner of the Contractor is also an officer, director, stockholder or partner of the Owner, Architect and/or any subcontractor; or any officer, director stockholder or partner of the Architect is also an officer, director, stockholder or partner of the Owner, Contractor, and/or any subcontractor; or any officer, director, stockholder or partner of any subcontractor is also an officer, director, stockholder or partner of the Owner, Contractor and/or Architect. f. The Owner, Contractor and/or any subcontractor, or any officer, director, stockholder or partner of such Owner, Contractor and/or subcontractor provides any of the required architectural services; or where the Owner, Contractor and/or any subcontractor, or any officer, director, stockholder or partner of such Owner, Contractor and/or subcontractor, while not directly providing an architectural service, acts as a consultant to the Architect. g. Any family relationships between the officers, directors, stockholders or partners of the Owner and officers, directors, stockholders or partners of the Contractor, Architect and/or any subcontractor; or between the officers, directors, stockholders or partners of the Contractor and officers, directors, stockholders or partners of the Owner, Architect and/or any subcontractor; or between any officers, directors, stockholders, or partners of the Architect and officers, directors, stockholders or partners of the Owner, Contractor and/or any subcontractor; or between any officers, directors, stockholders or partners of any subcontractor and the officers, directors, stockholders or partners of the Owner, Contractor and/or Architect which could cause or results in control or influence over prices paid and/or work accepted. h. Any side deal, agreement, contract or undertaking, thereby altering, amending, or canceling any of the required closing documents, except as approved by HUD. November 2011 Appendix 6 OWNER LAKE CREEK VILLAGE LLC, a Colorado limited liability company By: Eagle Housing and Development Corporation, a Colorado nonprofit corporation, its manager By fV Name: Title: CONTRACTOR R.A. Nelson LLC BY:. __ 1 Title: DATE 2 2 �- DATE �t Z E3 2.0 WARNING: Title 18 U.S.C. 1001, provides in part that whoever knowingly and willfully makes or uses a document containing any false, fictitious, or fraudulent statement or entry, in any matter in the jurisdiction of any department or agency of the United States, shall be fined not more than S 10,000 or imprisoned for not more than five years or both. November 2011 Construction Progress U.S. Department of Housing OMB Approval No_ 2577-0157 (Exp. 1/3112017) and Urban Development Schedule Office of Public and Indian Housing Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that coliecton displays a valid OMB control number. Construction practices and HUD administrative requirements establish the need that HAs maintain certain records or submit certain documents in conjunction with the oversight of the award of construction contracts for the construction of new low-income housing developments or modernization of existing developments. These forms are used by HAs to provide information on the construction progress schedule and schedule of amounts for contract payments. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend itself to confidentiality. 1. Name of Public Housing Agency/Indian Housing Authority (PHAAHA) US Department of Housing and Urban Development Z city 3. State 5. Project Name Denver Colorado Lake Creek Village Apartments Exterior Renovations 4. t. 2018 6. Project Number 4923 Lake Creek Village Dr. Edwards, CO 81632 101-10016 /' contract For 8. Contract Time (Days) General Contractor 356 9. From (mrn/ddlyyyy) To (mm/dd1?yyy) 10 Contract Price 3 09/05/2017 OB/27/2018 11. Number of Buildings 12 Number of Dwelling Units 13. Number of Rooms 34 October 270 December (Submit as many vAar )ages as necessary the 2017 2017 2017 2017 2018 2018 2018 o cover :onsiruction period.} Month September October November December January February March kctuai Month`,y Value, Nark in Place ¢j Actual Accumulated N Progress Anticipated Monthly ($} Value $2,459 431 $439,313 $439,313 $439,313 $439,313 $438,313 $390,828 Accumulated Scheduled Progress 33 .1% 39% 44,99° `�•8% 56.7% 62.6% 67.9% Submitted by Contractor's Name RA Nelson LLC .Title S _ ~p~ a Date(mnJdd/yyyy) Michael Cuthbertson Senior Project Manager -- — m r--"' 06/05/2017 �pmvedby PRNIHA Tile Date (mmlddl yyyy) 1ppmved by Ardvted Date (mrrdddlyyyy) Previous edition is obsolete Page 1 of 2 form HUD -5372 (112014) Construction Progress U.S. Department of Housing OMB Approval No. 2577-0157 (Exp. 1/31/2017) and Urban Development Schedule Office of Public and Indian Housing Public reporting burden for this collection of information is estimated to average i hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number. Construction practices and HUD administrative requirements establish the need that HAs maintain certain records or submit certain documents in conjunction with the oversight of the award of construction contracts for the construction of new low-income housing developments or modernization of existing developments. These forms are used by HAs to provide information on the construction progress schedule and schedule of amounts for contract payments. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 1. Name of Public Housing Agency/Indian Housing Authority (PHAIIHA) US Department of Housinq and Urban Development 2. Gty 2018 3. state 5. Project Name Denver 2018 Colorado Lake Creek Village Apartments Exterior Renovations 4• LoCaDon 6. Project Number 4923 Lake Creek Village Dr. Edwards, CO 81632 101-10016 Y. Conti= For B. Contract rime (Days) General Contractor 356 9. From (mrNdd/yyyy) To (mmlddlyyyy) 10. Contract Price 5 09/05/2017 08/27/2018 11. Number of Buildings May 12. Number of Dwelling Units J2! 13 Number of Rooms 34 270 (Submit as many Year )ages as necessaryfww) 2018 2018 2018 2018 2018 2018 o cover the :onstruction period.) Month April May June J2! Au UBt September kctual Monthly Value, Nork in Place (5j Actual Accumulated o (�) Progress Anticipated Monthly Value ($) $390,828 $570,366 $559,053 $461,124 $371,456 $36,530 Accumulated N Scheduled Progress 73.1% 80.8%94.5% =88.39% 99.5% 100% Submitted by contractor's Name _ RA Nelson LLC Title Signature - ,. Date (mmlddlyyyy) w Michael Guthbertson Senior Project Manager 06/0512017 approved by PFWHAMile c Date (mmlddlyyyy) tpprnved by Amtutect Date (mrmddlyyyy) Previous edition is obsolete Page 1 of 2 form HUD -5372 (1/2014) Instructions for Preparation of Construction Progress Schedule Form HUD -5372 General. The information required for items 1 through G can be obtained from the contract documents. (7.) Enter the type of work awarded by the PHA/IHA. This may be "general construction," "plumbing," "heating," "electrical," etc., depending; upon prime contract awards. (8.) Enter the contract time in calendar days (unless otherwise stated). (9.) Enter the starting; and completion dates as established by the Notice to Proceed. Year and Month. At the top of the Schedule, space is provided for inserting the "Year" and "Month" to identify the times during which the work is to be performed. Year. Enter the year when the Notice to Proceed was issued. If the starting date of the contract is such that the time assigned for completion will be carried into a succeeding; year, two yearly designations will be shown, each centered over the applicable spread of time for each year. Month. The body of the Schedule is divided into Columns, each representing a period of one month. Starting in the Column with the month stated in the Notice to Proceed, enter at the top of each column the successive months corresponding to the entire spread of the total contract time. The Schedule must contain monthly columns to cover the entire active period of contract, with extra columns for possible overruns in contract time. Computation of Anticipated Monthly Value of `York in Place Before presenting the form for approval, enter in each monthly column the dollar value (omit cents) of the increment of work anticipated to be put in place during that interval of time. This shall be the Contractor's best estimate of the rate of progress for each month. This section contains a suggested guide for the elapsed contract time vs, progress percentages. The horizontal total of the monthly dollars shown for "Antici-pated Monthly Value" must equal the contract price shown in the heading. Accumulated Scheduled Progress — % Entries on this line shall show in percentage of total completion the cumulative stage of progress that is scheduled to be reached at the end of each monthly interval. It is generally sufficient to state this anticipated progress to the nearest tenth of one percent, but for very large contracts it may be advisable to extend compu- tations to the nearest hundredth. The entry for the first month's column should be the % obtained by the anticipated monthly dollar value of work in place at the close of the first month being divided by the contract price. The entry for the second month's column is obtained by the sum of the anticipated monthly dollar values of work in place for Columns I and 2 being divided by the contract price. Enter in the third month's column the percentage computed similarly, using the sum of dollar values of work in place for Columns 1, 2, and 3. Continue in this manner for the succeeding monthly columns until "100" is reached in the final column. Charting Actual Progress. The horizontal space extending through the monthly columns is divided into "Actual Monthly Value of Work in Place -- S" and Actual Accumulated Progress -- %." In each monthly column show the actual accumulated % of progress and the actual value of work in place for that month, as the work progresses. An anticipated complete shutdown at some stage in the work because of adverse seasonal weather or otherwise, as may occur in road work, excavation (grading), etc., is readily shown by a gap. The Contractor's name shall be placed in the lower left-hand corner of the form, together with the signature and title of the employee who prepared the Schedule and the date. The form then shall be sent to the Architect for review. If the Architect considers that changes are necessary to make the Schedule more realistic, it will withhold approval and so advise the Contractor. When the form is acceptable and approved by the Architect, and the PHA,' IHA, it will be returned to the Contractor, who shall reproduce and submit the number and style of prints required by the PHA/ IHA. Normal building construction experience has proved that the rate of overall progress (as measured by work in place) accelerates slowly at the start, reaches its peak in the middle third of the construction period, and tapers down at the close. The data following illustrate the general average expectancy of a well- balanced operation and may be used as a guide, If the proposed progress lits within reasonable range of these check points, the Schedule may be considered satisfactory insofar as the time - performance feature is involved. %of %of Contract Accumulated Time Progress 0 10 28 20 30 20 Oil 37 50 57 60 75 70 89 80 95 90 99 100 100 The foregoing percentages must be tempered by consideration of seasonal weather conditions and other known conditions which may affect the progress of the work. These percentages are offered for information only. Previous edition is obsolete Page 2 of 2 form HUD -5372 (112014) AIA Document A201TM -2007 General Conditions of the Contract for Construction for the following PROJECT: (Nance and localiorl or aciclress) Lake Creek Village Apartments 4923 Lake Creek Village Drive ADDITIONS AND DELETIONS: Edwards, CO 81631 The author of this document has added information needed for its completion. The author may also THE OWNER: have revised the text of the original (,Nance, legal slalrrs and address) AIA standard form. An Additions and Lake Creek Village LLC a Colorado limited liability company Deletions Report that notes added PO Box 850 information as well as revisions to the standard form text is available 500 Broadway from the author and should be Eagle, CO 81631 reviewed. A vertical line in the left margin of this document indicates THE ARCHITECT: where the author has added (Alarrle, legal slclll/S and ad(lress) necessary information and where TAB Associates, Inc. a Colorado corporation the author has added to or deleted 0056 Edwards Village Boulevard, Suite 210 from the original AIA text. Edwards, CO 8 163 2 This document has important legal consequences. Consullalion with an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT l: 41 i 7=Rl 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 AIA Document A20111 — 2007. Copyright © 1911 1915,1918.1925, 1937 1951 1958, 196t 1963 1966 1970 1976 1987 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. '10" r L �:: i:; ;>. ;t°��.;clf .�; ": 1 roplodurtion, c1l. dis2ribu,icn vi ITIS AIA F „ o I iho maxirrmm ^.Awnl. •te;;aiis,;; uivdur dw iar... This document was produced b AIA software al 16:57:41 on 08/17/2017 under / , I p y Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES 16 CLARIFICATIONS TO SCOPE OF WORK Init. ti. y American AIA Document A201" — 2007. Copyright D 1911 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976, 1987. 1997 and 2007 b The Am e Institute of Architects. All rights reserved. 'r. .r ;,l,.._, u rop rl c, ,,,. This document was produced by AIA software at 16:57:41 on 0811712017 under Order No.5203567983_1 which expires on 08119/2017, and is not for resale. User Notes: (1111568494) 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.I6, 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 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and 'Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured ILIA Additional Time, Claims 1'or 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 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. I, 15.3.2, 15.4 ARCIIITEC'1' 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12,1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2, 4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contact 3.1.3,4.2,3.7.4, 152,9.4.1,9.5 Architect's Approvals 2.47 3.1.3, 3.5, 3. 102, 4.2.7 Architect's Authority to Reject Work 3.5, 42.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 42.6, 4.2.7, 4211, 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, 3,11, 4.2.6, 41.2.7, 13.5.2 Architect's Interpretations 4.2.1 1, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.22, 3.2.3, 3.2.47 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.IS, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.47 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 11'ot I: 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute RCSOIIItIOn 9,7, 11.3.9, 11.3.10,13.1,15.25,15.2.6.1715.3.1, 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, Perfornlalice, 'Ind Paynient 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 AIA Document A20111 — 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_, t'.; :... mn , A. C iujryt rr-�',r.r, r .t' !i �.�.r;i _.r`:.. .t , t.... r 1t n-• ,:d .-. ...,,t-,. cRr>r dict; it +,: n .. .. , f hr .. E.."iu..r z r.; Uml ci iE. c,, +' This document was produced by AIA software at 16:57:41 on 08/17/201`7 under Order No.5203587963_1 which expires on 06/19/2017, and is not for resale. User Notes: (1111568494) Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1,2.4,3.4.2,3.7.4,3.8.2.3,3.11,3.12.8,42.8, 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. t .3 Change Orders, Definition of 7.2.1 CI'IANG ES IN'TIIE 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 15.4,1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.4, 6.1.1, 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, 14.24, 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, 1 1.1, 11.3.1, 11.3.6, 1 1.4.1, 15.1.4 Commencement of the Worl,, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,99.1, 9.10, 12.2, 13.7 , 14.1, 2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 1 1,1, 1 1.3, 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 I.I.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.57 9.9. I, 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 13Y OWNER OR 13Y SEPARATE CONTRACTOIIS 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, 7.1.17 7.1.2, 7.1.3, 7.3. 9.3.1.1 Construction Schedules, Contractor's 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT,'1'ERMINATION Olt SUSPENSION OFTHE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and I \CCLlti011, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.13, 11.3.6, 1 1.4.1 Contract Documents, Copies 1'UrlliShCd and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4. 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.21 15.1.41, 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, 83.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Derinition of 8.1.1 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 [nit. Institute of Architects. All rights reserved. . :r., This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111560494) CONTRACTOR 3 Contractor, Definition of 3,1, 6.1.2 Contractor's Construction Schedules 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 1 1.1.1, 11,33, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2. t 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, 6.1.3, 6.2, 9.5.17 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10,3.11,3.12.4,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2,3.3,3.4,3.12.10,4.2.2,42.7,6.1.3,6.2.4, 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 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,62.1 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, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4?, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7. 7.3.8, 7.3.9. 9.10.2, 10.3.2, 10.3.6. 11.3, 12.1.2, 12.2.1, 122.4, 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, 1 1.1.1, 1 1.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10,2.1.2, 10.2.57 10.4, 1 1.3.1. 12.2.4 Damages, Claims for 3.2.4,3.18, 6. I. I, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1. 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 Date of Commencement of the Work, Definition of' 8.1 .2 Date of, Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 15.2, 6.3. 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, ,-Acceptance, Rejection and Correction of 2.3, 2.4, 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..1,4,1,1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.17 9.1, 9.8.1 Delays and Extensions of'I'inte 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, 14.3?7 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. IA Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2- 10.3.3, 1 1.1.1, 1 1.3.7, 14.1, 14.2.1.1 Init.AIA iM — pY 9 7 by The American Document 01 20 7. Copyright l� 1911 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 200 Institute of Architects. All rights reserved. '...L'NEJRd :r,u-,b,.a u • rrbrhrctukri;tYcft^•te.bt.cann o€ Li- 1, ._. ,,.,._a / th.=.:r,; i;n;}rr ;+xter:l. CI nt;ni; f;r m!d;lr thi . This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. I, 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, 9.10.2,102.1,10.2.4,14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1,3.10.1,3.12,3.14,4.2,6.2.2,7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 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 anti Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11,13, 1 1.3. I, 11.3.5, 12.3, 142.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 1 1.2, 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 o1' 1.1.8 Initial Decision Maker, Decisions 14.2.2,14.2.4,15.2.1,15.2.2,15.2.3,15.2.4,15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.47 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 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 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 IN4achinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10,2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15. 1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13. 3.15.1. 4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1._3, 9.10.2, 10.2.1, 10.2.4, 14.11. 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, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 1 1.1.1, 1 1.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 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 122.5, 13.7, 15.4.1.1 Limitations of Liability 2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18. I, 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, 1 1.1.2, 1 1.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.81 9.9, 9.10, 1 I . I.3, 1 1.3.1.5, 11.3.6, 11.3.10. 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 AIA Document A20111 — 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.' 6,,.,r: r,. 1.kc ? Gen U ,O nl, ' , ,,;,;; ..; i , ari, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) Material Suppliers 1.5,3.12.1,4.2.4,4.16,5.2.1,9.3,9.4.2,9.6,9.10.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the WOrk 1.1.1, 3.12.8, 4.2.8, 7,1, 7,4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.12,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, 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, 2.4, 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, 2.4, 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, 2.4, 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, 1 ► .3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3,7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3. 7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1 A, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 1 1.2, 1 1.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1.5,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 4.1.3, 424, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1,8.22,8.3.1,9.3.1,9.3.2,9.5.1,9.6.419.9.1, 9.10.2, 10.3,2, ► 1.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's f=inancial Capability 2.2.1, 13.2.2, 14.1.1.4 ONV11e1''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 ► 4.2 Ownership and Use of Drawings, Specifications and Other Instruments ol'Service 1.1.1, 1,1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.1 1, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 22, 9.3, 9.41 95, 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, ► 3.6, 14.1.1.3, 14.2, 12 Payment, Final 4.2,1, 4.19, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 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, 9.8.51 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 AIA Document A20111 — 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. U.,.r `u„:::, hs f 4.;' d ."i. ,..ra.; , > 1, <,,u .:., , " U. / tlic sxi r. n t;>,?? ,r { :;; iwd,rrrr: lw-v, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08119/2017, and is not for resale. User Notes: (1111568494) Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3,7.4, 9.6.7, 9.10.3, 11.4 Permits, Pees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION Or 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, 1 1.1, 11 A, 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 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.2,42.10,5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2,3.18,4.2.3,5.3,6.1.3,6.2,6.3,9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.21 4.2.6, 5.3, 5.4, 6. I, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.37 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.1 I, 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 1.1.4,3.12.5,3.14.2,4.2.4,4.2.716,8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.1 I, 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, 3.7.47 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. L 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, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.71 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.11 142.1 AIA Document A20111 — 2007. Copyright © 1911 1915 1918. 1925 1937, 1951 1958 1961 1963 1966 1970 1976, 1967. 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. V;, This document was produced by AIA software at 16: 6 57:41 on 08117/2017 under Order No.5203587983 1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2. 4.2,6, 4.2.9. 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 1 1.4.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.31 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.1 1, 3.12.5, 3.15.1, 4.2. 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3. 12.2, 1 3.5, 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, 122.2, 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, 13.21 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 AIA Document A201 I^' — 2007. Copyright ©1911 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976, 1987 1997 and 2007 by The American Mit. Institute of Architects. All rights reserved.:'... :( hi,., r..;'. ! :ho it uxi r:um exicTA jm.i%. i., 1 vu r ts;: tr,;;, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.52035879B3_1 which expires on 08/1912017, and is not for resale. User Notes: (1111568494) Written Notice 2.3,2.4,3.3.1,3.9,111%3.12.10,5.2.1,8.2.2,9.7, 9.10, 10.2.2, 10.3, 11.13, 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 A20114 — 2007. Copyright C) 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,. U,:, 10 �o,,irnducdon w, the ntlxirnunl oxtwlf pm;sibi�' wit' r U'!, This document was produced by AIA software at 16:57:41 on 08117/2017 under Order No.52035879831 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) ARTICLE 1 GENERAL PROVISIONS § 1,1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS 'file Contract Documents are Cnunncratcd in the Agrcennent between the Owner and Contractor (hcreinalter the Agreement) and consist of the Agreement, Conditions of the Contact (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, or (3) 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 ol'Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. 'file Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agrcennents, either written or oral. The Contract may be amended or modified only by a tvlodification. The Contract DOCUIi1e111S shall not be construed to create a contractual relationship of any kind (1) between the Contactor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and tine 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 terns "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 ofthe Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1,5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract DOellnnelits showing the design, location and dimensions of tine Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements liar 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, ofthc 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 linnitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1,8 INITIAL DECISION MAKER The Initial Decision Nfaker is the person identified in the Agreement to render initial decisions on Clainns in accordance with Section 15.2 and certify termination of the Agreenncnt under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper exCcution and completion of the Work by die Contractor. "the Contract DOCUnientS are connplcnnentary, and what is required by one shall be as binding as if required by all; performance by the Contactor shall be required only to the extent consistent with the Contact Documents and reasonably inferable from them as being necessary to produCC the indicated results. AIA Document A2017m — 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 Vv'AONI i n ra , j , he:1;..,:mut sn': r I', ,:, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (11115684 94 ) § 1.2,2 Organization of the Specifications into divisions, sections and articles, and arrangennent of Drawings shall not control the Contractor in dividing the Work annong Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract DOCLInients, 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 (i ) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION in the interest of brevity the Contract Documents frequently onlit 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 la4v. statutory and other reserved rights, including copyrights. "Che Contractor, Subcontractors, Sttb-subcontfactors, and material of 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. § 1.5.2'1 he Contractor, Subcontractors, Sub -subcontractors and materia) of equipment Suppliers are authorized to use and reproduce the instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the instruments of Service on other projects or for additions to this Project outside the scope of the Work yvithout 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 InstUnlCntS of Service or any other information or documentation in dillital norm, they shall endeavor to establish necessary protocols governing such tl'a115n1iSSiOTIS, 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 if representative who shall have express authority to bind the Owner with respect to all matters requiring the Owncr's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. 'file icrnn "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days alter 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 nnade financial arran-ennents 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 Contact Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or Init. AIA Document A2011" — 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 a fir n 12 reprrduckv n t r r;iskeiLc, rr ut 1,tns xG ; n a„,h. it ;r, ,n ,: ii:, r. , r ,r,i . • .,, .:., 1 1hn vmKimon; hxknl! po'*sii!bkr umftk t t ua naw, This document was produced by AIA software at 16:57:41 on 06117/2017 under Order No -5203587983_1 which expires on 08/1912017, and is not for resale. User Notes: (1111568494) the portion of the Work affected by a material change. A (ler 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, casements, assessments and charges required for construction, use or occupancy 0f 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 Willi 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 Contactor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.x.2, § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contactor fails to correct Work that is not in accordance with the requirements of the Contact Documents as required by Section 12.2 or repeatedly fails to cavy out Work in accordance with the Contract Documents. the Owner may issue a written order to the Contactor 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 in appropriate Change Order shall be issued deductin" from payments then or thereafter due the Contractor the reasonable cost ofcorrecting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such dCIaLilt, 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 ar•e not sufficient to cover such amounts, the Contactor 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. '['he Contactor shall designate in writing a representative who shall have express authority to bind the Contactor with respect to all matters under this Contract. The term "Contractor" means the Contactor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract DOCtlnlenls. § 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 Contactor. 5 3.1.4 Notwithstanding anything in the Contact Documents to the contrary, the Contract Sinn includes, without limitation, the entire annount of overhead and profit payable to Contractor in connection with the Work under the 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 ! 13 mex m r az c This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587963_1 which expires on 0811912017, and is not for resale. User Notes: (1111568494) Contractor Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead or profit. § 3.1.5 Contractor acknowledges that Owner is a tax exempt entity and that Owner has appropriated lands Ibr this Project in a sum equal to or in excess of the Contract Sum. § 3,1,6 Owner shall pay Contractor for performance of the Work in accordance with the Contract DOClnllents. § 3,1,7 Notwithstanding anything to the contrary contained elsewhere herein or in the Contract Documents,no change order or other form of order or directive by Architect or Owner, and no amendment to this Agreement, requiring additional compensable Work to be performed which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy -granting provision in the Agreement. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 321 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 arc not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Owner any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Owner 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 prol'essional, unless otherwise specifically provided in the Contract DOCU111CI11S. § 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 Contactor shall promptly report to the Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Owner may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of elarifications or instuC6011S 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 Contactor tails 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 oblioatioils. 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 non con form ities 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. "file Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. I f the Contract Documents 'ive specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contactor Shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible Ibr the jobsite safety of such means, methods, techniques, sequences or procedures. I f 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 hil-ther written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, lechniques. AIA Document A20111 — 2007. Copyright O 1911 1915 1918 1925 1937 1951 1958, 1961 1963 1966 1970 1978 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved +: N, 11 0 - r ropy rkfcti4n [ r AIA .u..a r.. _.,i r ,.'r. .i >, r s, is1 _ ..., 1 ... _.._ 14 =i r t ni. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order N0.5203587983 1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. § 3.3.2 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 lor, 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 perfiirmed 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 penrlanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work 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. § 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 free from defects,. except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Contractor's warranties shall commence upon Substantial Completion of each portion of the Work and continue 161- a bra period of one year thereafter unless noted otherwise in the Contract Documents. Notwithstanding the foregoing, all guarantees and warranties of materials furnished to Contractor by any ntanufrcturer or supplier are for the benclil of Owner. If any manufacturer or supplier of any material furnishes a guarantee or warrantee f'or a period of longer than one (1) year, then Contractor's guarantee or warranty shall extend for a like period as to such materials. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contactor 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 Owner shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessar} Ior proper execution and completion of the Work that are customarily secured after execution of the Contact 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. AIA Document A201'"' — 2007. Copyright © 1911 1915 1918 1925 1937, 1951 1958 1967 1963 1966, 1970, 1976, 1987. 1997 and 2007 by The American Init. Institute of Architects. All rights reserved — 15 irptnducdo,ir�r<tvarii> f I)o m arim,tal u;doni ,� ; ',i; �r, 9 Iil_^ im; This document was produced by AIA software at 16:57:41 on 08/1712017 under Order No. 5203587983_1 which expires on 08/1912017, and is not for resale. User Notes: (1111568494) § 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 fi-om those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that diflbr 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 72 hours after first observance of the conditions. The Architect will promptly investigate such conditions and make recommendations to the Owner. ,ifthe Owner, in consultation with 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 Owner, in consultation with the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no chance in the terms of the Contract is justified, the Owner shall promptly notify the Contractor in writing, stating the reasons. If the Owner and Contractor cannot agree on whether the conditions are materially di fferent from those indicated in the Contract Documents or in the event they agree that the conditions are materially diflc�cnt but cannot agree on an adjustment in the Contract Sum or Contract Time, the disagreement shall be resolved in accordance with Section 15.2 hereof. § 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 I-esume the operations. 'rile Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not allbct those remains or featw-es- Requests for adjustments in the Contract Sum and Contract Time arising fi-om the existence of such remains or fbatures may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sunt 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 ( I ) the di fl'erence 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 in sufficient time to avoid delay to the Work. § 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 Owner may reply within 14 AIA Document A2011" —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 : n X;;1 16 the rimArnun) vxt", ; in -.0 arta,: lay., This document was produced byAIA software at 16:57:41 on 08/17/2017 under Order No.5203587983 1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) days to the Contractor in writing stating(]) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Owner requires additional time to review. Failure of the Owner 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 has made reasonabie 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 atter 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 Cceed time linlits current raider 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. The Contract Schedule, its detail critical path. and logic and any float contained therein are for the exclusive use of the Contractor. § 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 schedude(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall ( I ) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to revickv submittals. if the Contractor fails to submit a submittal schedule, the Contactor shall not be entitled to anv increase in Contact S1,1111 or extension of Contract Time based on the lime 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. § 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 Contactor to illustrate materials or equipment for sonic portion ofthe Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will bejudgcd. § 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 Contact DOCllllents 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. Inlornlational 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 play 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 Docunlcnts in accordance with the submittal schedule approved by the Architect or, in the absence ofan 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. AiA Document A20111 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. u 7 1 nq 111"MMIO z V,'W ',.,i.,I.0 ., ;,rldtr 1, r This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No 5203587983 1 which expires on 08/1912017, and is not for resale, User Notes: (1111568494) § 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 (i) 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 ofthe Work for which the Contract Docunlents 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 Docunlents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order 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 01' 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 Docunlents, 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 it 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 beat- such earsuch professional's written approval when submitted to the Architect. "I'he Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, cerci fications and approvals perlornled or provided by such design professionals, provided the Owner and Architect have speci tied 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 oil submittals only Ibr the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. "I'he 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 Docunlents. § 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 Init. AIA Document A201 T" — 2007. Copyright © 1911 1915 1918 1925 1937 1951 1956 1961 1963 1966 1970 1976. 1987 1997 and 2007 by The American Institute of Architects. All rights reserved 1 n ) 8 rcurtttuct'vn i�r dis' ail. r-tar3:..,€ a i-, r,.;-.` ,., .: �. n; , ..� rx., .i „i ; :,> .a : . , . . ?,. i u I tr ,: lar;, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203507983_I which expires on 08/1912017, and is not for resale. User Notes: (1111568494) 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 tine premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean tip as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for illfi•ingenlent 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 desilIn, 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, ifthe Contractor has reason to believe that the required design, process or product is an infringement ofa copyright or it 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, ,CONTRACTOR shall indemnify, and hold harmless OWNER and ARCHITECT, and their officials, agents and employees, from and against all claims, damages, liabilities, losses, and expenses including, but not limited to, attorney's fees and costs arising out oC or resulting from, the performance or non-performance of the Work, and including, but not limited to, claims, damages, liabilities, losses, or expenses attributable to bodily injury, sickness, disease, or death, or to injury to cn destruction oftangibie property including the loss of use resulting therefrom or is caused, in whole or in part, by any negligent act or omission of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them. or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Nothing in the contract shall be interpreted that the OWNER waives its sovereign immunity granted under Colorado Governmental Immunity Act ifapplicable or other applicable law. This article shall survive termination of this Agreement. § 3.18.2 In any and all claims against OWNER or ARCHITECT, or any of their agents or employees, by any employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anvone for whose acts any of them may be liable, the indemnification obligation under paragraph 13. 1 S. l shall not be limited in any way by any limitation on the annount o- type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under worker's or wo•knnen's compensation acts, disability benefit acts, or other employee benefit acts. § 3.18.3The obligations of CONTRACTOR under paragraph 3.18.1 shall not extend to the liability ol'ARCI-IITECI'. his agents, or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications. 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 o- entity is idcnti tied as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. The terns "Architect" means the Architect or the Architect's authorized representative. AIA Document A20111 — 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. '; n r h C>: ,lir, r.i. ' D c m 'cw i.. 5 19 .:.t,roduction or diotr:bu;ioo of IIIc: F.iA ",r o' „i,. 1 1tu: n-sarrr1mr.1 .,;tone r u:. ..:ur,i, Zii - is:. This document was produced by AIA software at 16:57:41 on 08/ 17120 17 under Order No.5203587963_1 which expires on 08/1912017. and is not for resale. User Notes: (1111568494) § 4.1.2 Duties, responsibilities and Iimitations 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 duties and responsibilities and the limitations of authority oi'ARCI-11'i'EC'f as an O\VNER'S representative during construction are set forth in the Contract DOCUI11e11ts, and shall not be extended without written consent of OWNER and ARCHITECT. Notwithstanding anything to the contrary herein, in all instances in the Contract Documents where ARCHITECT' has the authority to stake decisions concerning quality of and acceptance of the Work performed by CONTRACTOR the ARCI-II"TECf shall first discuss such decision and proposed acceptance with OWNER and obtain its approval prior to communicating with the CONTRACTOR. Further, in all instances in the Contract Documents where ARCI-II'I'ECT has the authority to make a decision that impacts the Project budget or Contract Sunt or payment to the CONTRACTOR, then ARCHI"TECT shall first discuss the payment or costs with OWNER and obtain its approval prior to approving any payment, additive or deductive \Vorl�. This paragraph is not intended as and shall not be a waiver of ARCHITECT'S responsibility for oversight of the Work. § 4.2.2 ARCHITE'C'I' will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ARCI-Il'I'EC"I' will not be required to make exhaustive Or continuous on-site inspections to check the quality Or quantity of the Work. ARCHITECT'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, as an experienced and qualified design professional, ARCI-it"TECT' will keep OWNER informed of the progress of the Work, and will endeavor to guard OWNER against defects and deficiencies in the Work. § 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`ont the Contract Documents and front 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 fuilurc to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work, § 4.2.4 COMMUNICATIONS 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 about matters arisin() 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'I'he Architect has authority to reject Work that does not conform to the Contract Documents. Whencver 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 lubricated, 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. Init. AIA Document A201- — 2007. Copyright O 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 `f 20 rr i ,,ductir n or clr:,.•il u.. nn (ki `,u i, . ,i ... ,. r .. / 4o'! iia; xrnxrr ,>.;o:rt t t.:.- ,n t;. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No. 5203587983_1 which expires on 08119/2017, and is not for resale. User Notes: (1111568494) material and equipment suppliers, their agents or employees, or other persons or entities performing portions ofilte Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking fin- 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 Owner will prepare Change Orders, all(] 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 determine the date or dates of Substantial Completion and the [late 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 carving out the Architect's responsibilities at the site. The duties, responsibilities and limitations ol'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 the Owner. 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 from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract DOCUMCI11S. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise With reasonable promptness. 1 f 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 Contactor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contact Documents as ii'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 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. ` l ; u AIA f c 21 tepread+rction oruicttiLj,inI; ..`.hi::.IA t. i_.urr,ea o „�a.,,ic,.iofr.. ,7, I+.l. n . the maaximuna extent ncssiijl.: m'dor tl lar.. This document was produced by AIA software at 16:57:A1 on 08/17/2017 under Order No.5203587983 1 which expires on 08/1912017, and is not for resale. User Notes: (1111568494) Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner 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 Owner may reply within 14 days to the Contractor in writing stating (I ) whether the Owner has reasonable objection to any such proposed person or entity or (2) that the Owner requires additional time for review. Failure of the Owner 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. § 523 If the Owner 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. I f the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract SUni and Contract i Itlle shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Chan-c Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Tinle shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting nares as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected il'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 Contactor 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 [older the Contract DOcll111ellt5 with respect to the Work to be pCrfornled by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specilicallp provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contactor, by the Contact 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 MCution 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 ofapplicablc portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contact by (he Owner Illi cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifyin- the Subcontractor and Contractor in writing; and .1 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. AIA Document A20111 — 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 !, 22 / , hn_ nlaxiin;;r , h;+, poaola ,m Ir + +I i : 'rr•<t. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) § 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 further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to it successor contractor or other entity. the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under titre 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 own forces, and to award separate contracts in connection with other portions of the Project or other Construction or operations on the site under Conditions of the Contact 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 Clainl as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions otthe Project or other const IC6011 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 Contact Documents, when the Owner pertornls 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 Contact, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contact 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 ofthe 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 rCeeive 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 is are described for the Contractor in Section 3.14. AIA Document A2011" — 2007. Copyright O 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 Ir I biAV," I 1 23 .. � .. 1ho rrnYinmm rxY=:nfi possiiilt> t.;laer tir.: irv:. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (11115684 94) § 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free fi-on1 haste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Oder, 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 and 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 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 Owner or Contractor and signed by the Owner or the Owner's designee, and Contractor stating their agreement upon all of the following: .1 The change in the Work; .2 "file amount of the adjustment, if any, in the Contract Sum; and .3 'file extent of the adjustment, if any, in the Contract Timc. (Paragraphs deleted) § 7.3.3 If the Construction Change Order 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 R.A. Nelson Labor Rates and R.A. Nelson Equipment Rcntal Ratcs, which are attached hereto as Attachment I and incorporated herein by this reference. .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; of - .4 r.4 As provided in Section 7.3.7. § 7.3.4 If 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 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 Order, the Contractor shall promptly proceed with the change in the Work involved. § 7.3.6 A Construction Change Order signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for cictern-lining 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 the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contact Sunt, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contactor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided h1 the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: Init.AIA Document A20111— 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 z," I. 24 o, ,,a ,�.:, :o::. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111566494) .1 Costs of labor, including social security, old age and unemployment insurance, fi in OC benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented frons the Contractor or others; .4 Costs of prerniunls 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 Any project savings below the Contract Sum resulting from schedule or design change, bidding of subcontractors and other costs shall accrue to Owner. Abandonment or significant reduction in the scope of Work will not result in a negotiated reduction of the Construction Services Fee. The Builder's Profit will not be subject to reduction if the Actual Cost of Construction can be reduced through the efTorts of Contractor via procurement efforts or other cost saving construction methods. § 7.3.9 § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. § 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 field order signed by the Architect and shall be binding on the Owner and Contractor. § 7.5 Notwithstanding anything to the contrary stated herein, no in no event will the elmoge modify the not to exceed the Contract Sum or otherwise be modified without a change order approved by Owner's Project Manager. 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 9.5. § 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. I3y executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective dale of insurance required by Article I I to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. AIA Document A2011" — 2007. Copyright Q 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.'; rt ..r,rf:. ,.rn.., Aih' nnc is is txJ ,.L: 25 rcnr.acfuction nrdistribllflrm of ln, MA ,Ir 4n,, inel ,r u: u:, z.::.i� •,: - . iiw maximum ex'rml ;1o,", nsk: r ?h r lc,:,:. This document was produced by AlA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08119/2017, and is not for resale. User Notes: (1111568494) § 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 Force Majeure, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner; 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 Owner 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 ot'values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Owner, 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 Contactor 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•on1 Subcontractors and material suppliers, and shall reflect retainage if provided (br in the Contract Documents. § 9.3.1.1 Such applications may include requests for payment on account of changes in the Work that have been properly authorized by 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, materials and materials covered by an Application for Payment will pass to the Owner no later than the time of payment free of any liens, claims, security interests and encumbrances. The Contactor further warrants that upon submittal of an Application for Paymcnt all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities makins a claim by reason of having provided labor, materials and equipment relating to the Work. AIA Document A201 T" — 2007. Copyright O 1911 1915 1916 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American Init. Institute of Architects. All rights reserved ruur;a;lr.ctie,nTu.riisaib��fian of .tt, I,., um, nt .7v f , ol—� �_ . ..1 ,i : �� u, , i / Uro n;axil:wc ,s tent. pc .. , ,:: wid , This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 Tile Architect will, within seven days after receipt of the Contractor's Application Im Payment, either issue to tile Owner a Certificate for Payment, with a copy to the Contactor, for such amount as the Architect determines is property 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. "file foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. I lolwCvcr, the issuance of a Certificate for Payment will not be a representation that the Architect ]las ( I) made CRIlaLlStiVC Or C011011t1OUS 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 fi-onl 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 Contactor 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 Sunl: .5 damage to the Owner or a separate contractor; ,6 reasonable evidence that the Work will not be completed within the Contract Tillie, 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 withheld. § 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 undisputed a1110Unts due for Work properly performed or material or equipment suitably delivered. if the Owner slakes payments by joint check, the Owner shall notifi, the Architect and the Architect will reflect such payment on the next Certi ftcate 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. AIA Document A20111 — 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. l' r P,N„ ,. l a, , 'JA. ' c w , i,. ,plt.::. 27 rgm.d.:tion . s i ._ ., / t'Ic !rw xin r ;.tens pas<INA,, r , u,. ;:p,La;;. This document was produced by AIA software at 16:57:41 on 06/17/2017 under Order No.5203587983_1 which expires on 06/19/2017, and is not for resale. User Notes: (1111568494) § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment fi otn the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work, The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make paynlctlts to Sub-subaxntractors in it similar manner. § 9.6.3 The Architect will, on request, Furnish to a Subcontractor, if'practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and 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 ofthe Proiect 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 sun 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 fbr breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements ol'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 alter 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 DOCUmCIlIS the annount 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 thcrcol' 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 all 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 oil the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy Or utili-r_e the Work or designated portion thereof fbr its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. h1 such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. AIA Document A20111 — 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. Ii r D <ru ^n i _ Wet,�d it , iP; .,,.. 28 :c:[�ineiSCCin,i or tfsc;it i��u„ ,� 1ui:, .tfek '�.}:��„ ,..,�; ,,. , N:, ...,. ;�._. .,,;i _ ., ... ... tna 1117:nnrnr rxhnlf. no.,. ,c,,; wdttr tli . ups=r, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (11115684 94 ) § 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 ofsurcty, il' 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, i f 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 ol'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 DOCU111ent5. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and- when the Architect finds the Work acceptable under the Contract Documents and the Contract fully perfbrnled. the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, iniormation 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 ager 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 Owncr, 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 it bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after AIA Document A20111 — 2007. Copyright 01911 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 29 :,f i1 i , ,I/ .Pi� This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No 52035879831 which expires on 08/19/2017, and is not for resale. User Notes: (1111566494) payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no furlt of the Contractor or by issuance of Changc Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. I f dic 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, it Subcontractor or material supplier shall constitute it waiver ofclaims by that payee except those previously made in writing and identified by that payee as unsettled al the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .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 oil -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, including, without limitation, trees, shrubs, lawns, walks, pavements, roadways, structures, irrigations systems, 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 ofadjacent 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 Owncr or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either ofthem play be liable, 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 INARNIINIA: rn AW Docurtionit i hy r( r i l r r 30 ofnoductiosiorristnt�,c,;nof41'r,AIA, ?c;,.�.irnent < ..�:;a,. �c n-�,1 ._,c�i-1-s.,. ;ix ,s.. :r. / tho trr:lximunc extonl lmssiid.t undar Diu irr;r. This document was produced byAlA software at 16:57:41 on 08/17/2017 under Order No.5203587983� 1 which expires on 08/19/2017, and is not for resale. User Notes: (11115684 94 ) and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY if eitherparty 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. The Contractor shall have no responsibility for discovery, presence, handling, removal, disposal or exposure of persons to hazardous substances existing in any form at the site unless the Contractor, Contractor's employee, agent or representative introduces the hazardous substance to the site. § 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 OI'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 "fo 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 ofor resultinl? Pont performance of the Work in the affected area if in fact the material or substance presents the risk ol'bodily injury ar death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, dtunage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or neolizence of the party seeking indemnity. § 10.3.4 Tile Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. AIA Document A20111 — 2007. Copyright ©1911 1915 1918 1925 1937, 1957 1958, 1961 1963 1966, 1970 1976 1967, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. " r 14!(: + r. .. c�nrncluctio.�nrc;�st:°in �l�u r�linr,,.1,?" :..rir_...i. ,t. ,i�>: I, '� .�! :: .. - . .. _ 31 r n"a,,r lieu s11nxillmnl oxtem ,u:=tsibist miner ter is°a. This document was produced by AIA software at 16'57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (11115684 94) § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs ( I ) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor lails 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. § 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 fi-on1 and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any ol'thern, or by anyone for whose acts any of' them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or properly 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 .6 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. A. Commercial General Liability — Occurrence Form — ISO CG 0001 or equivalent. Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 or equivalent • Automatic Additional insured—Owners, Lessees or Contractors Endorsement, ISO Form 2038 or equivalent • Additional insured—Completed Operations Owners, Lessees or Contractors Endorsement, iSO CG 2037 or equivalent o Completed Operations coverage must be kept in effect for up to eight (8) years after project completion AIA Document A20111 — 2007. Copyright ©1911 1915 1918 1925 1937, 1951 1958, 1961 1963 1966 1970 1976, 1967 1997 and 2007 by The American Init. Institute of Architects. All rights reserved hi n it { 32 rho nmYi;mint extena.I ;;r;i;t itiidor dj,: ia+u. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No. 5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "Lake Creek Village LLC, its officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf o1 the CONTRACTOR, including completed operations". Minimum Limits: General Aggregate S 5,000,000 Products/Completed Operations Aggregate S 5,000,000 Each Occurrence Limit S 5,000,000 Personal/Advertising Injury S 5,000,000 Fire Damage (Any One hire) S 50,000 Medical Payments (Any One Person) S 5,000 B. Automobile Liability Bodily injury and property damage for any owned, hired, and non-oxwned vchicics used in the performance of this Contract. Minimum Limits: Bodily Injury/Property Damage (Each Accident) S 1,000,000 C. Worker's Compensation and Employers' Liability a. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act„ AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) S 500,000 $ 500.000 S 500.000 D. Third party fidelity/crime coverage including coverage for thefi and mysterious disappearance. The policy shall include coverage for all directors, officers, agents and employees of the CONTRACTOR. The policy shall not contain a condition requiring an arrest or conviction. Policies shall be endorsed to provide coverage for computer crime/fraud. E. Contractors Pollution Liability Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants. Ifthe coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained during the term of this Agreement. AIA Document A20111 — 2007. Copyright m 1911 1915 1918 1925 1937 1951 1958 1961 1963 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. 33 �t.,lrodtwtinn al f}tSi-:f?l.. .In ..f SII AIA Di....m.7..ri / fate stt7rxintt;ni a Wny t;cr si'af :1 7der th 1w.v, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 0811912017, and is not for resale. User Notes: (1111566494) a. The policy shall be endorsed to include the Owner as Additional Insureds: with respect to liability and defense of suits arising out of the activities performed by, or on behal f oi'the Contractor. including completed operations. Minimum Limits: Per Loss S 1,000,000 Aggregate S 1,000,000 § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract DOCtllnlents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained aller 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 1 1.1 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 ,iven 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 thereaflcr upon renewal or replacement of such coverage until the expiration of the time required by Section 1 1.1?. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness, § 11.1.4'fhe 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 Intentionally Omitted. § 11.3 BUILDERS 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, builders risk insurance written on an "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 builder's risk 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 Builder's risk 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 danrtge 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 annount 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 Owner, 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. 34 / 1 to qi, l irnt t (.,,Jef17 ;i.),..1v ,- in I!.. as !r' This document was produced by AIA software at 16:57:41 on 08117/2017 under Order No. 5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1 111 5684 94 ) 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 builder's risk insurance requires deductibles, the Owner shall pay costs not covered because ol'such deductibles. § 11.3.1.4 This builder's risk 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 Intentionally Omitted. § 11. 3.3 (Paragraphs deletecl) Intentionally Omitted. § 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 Intentionally Omitted. § 11,3.6 Before an exposure to loss may occur, Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. For other policies, the Contactor shall provide it Certificate of Insurance specifying the coverage and other requirements under Section 11. § 11.3.7 Intentionally Omitted. § 11.3.8 Any loss in excess of the deductible insured under the Owner's builder's risk insurance shall be adjusted with the Owner. Any loss shall be 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, 'file 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 Intentionally Omitted. § 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, t11e 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. CONTRACTOR shall furnish performance and payment bonds, each in an amount at least equal to the Contract Sum as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided bylaw. CONTRACTOR shall also furnish other bonds as are required by the Contract Documents. All bonds shall be in the forms prescribed by the Contract Documents, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of AIA Document A201 T"'— 2007. Copyright ©1911 1915 1918 1925 1937 1957 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American (nit. Institute of Architects. All rights reserved 'Ji id! a nn r � oprau"At 041 or dis: '"hu"lnn o` "'his ;aA , Do.-Il.,r&;L ., .,,:y. ,. ,� r.,; ,.., .. , � , r _ r 1 .. 35 y 1tr r,nlxinmm lonl. , ; u; , u f+:.r ory t:an. This document was produced by AIA software at 16:57;41 on 08/17/2017 under Order Noa5203587983 1 which expires on 08119/2017, and is not for resale. User Notes: (1111568494) "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act, 11.4.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to OWNER. (Paragraphs delelecl) ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If 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 uucovcred for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. Ifsuch Work is in accordance with the Contract Documents, costs of uncovering and replacement sha11, 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 of 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 ager the date for commencement of warranties established under Section 9.9.1, or by teens 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. 'file O%VIIer 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 rails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of' Work first performed ager Substantial Completion by the period of tine 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 122. § 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, 4vhethcr 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. Init. AIA Document A201 T" 2007 Copyright O 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. ;,/A R i T, iAl",U—u i u pi � 36 - ( ;; r i1 rriar.,irlt yxi<>rvr �i _r, a. a i;+.�. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Ordor No.5203587983 1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) § 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 play be sought to be enforced, nor to the tinle within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract DOettlllenls, 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 This Agreement shall be governed by the laws ofthe State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in District Court for Eagle County, Colorado § 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 slake 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 assures the Owner's rights and obligations under the Contact 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 nlcnlber 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 thercundcl 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 it 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 nlay be specifically agreed in writing. § 13.4.3 In the event of any litigation between the parties, each party shall be responsible for their oven attorney's fees, expert fees, court costs, and all other third -party costs of the litigation unless otherwise ordered by the Court for cause. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contact 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. 'file 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 fill- such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. 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. ! f ; s:.(:; 0!; "0,% ,, : 37 (minducrioss or dicrributi m rf _h,_,,1 A" i.ri ..sr�n�, , .rte' p.. �i..s:,, H, r kw), This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08119/2017, and is not for resale. User Notes: (11115684 94 ) § 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 testis„ 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 ofthe portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5,4 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 normal place of testing. § 13,5.6 Tests or inspections conducted pursuant to the Contract DOCLI111CI1tS shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing li-ont time wtime <u the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 6 years after the date of Substantial Completion of the Work or as provided 1'01- under Colorado law. 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 Contact 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 havingjurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contact Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2. I. § 14.1.2 The Contractor may terminate the Contract if, through no act or f<lult 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 contact with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 clays in any 365 -day period, whichever is less. AIA Document A2011" — 2007. Copyright (D 1911, 1915 1918 1925 1937 1951 1958 1961 1963 1966 1970 1976 1987 1997 and 2007 by The American Init. Institute of Archllects All rights reserved `ur f vu ! I c in cr i r,i -. 3$ / he irr,rnnrint e:xttrra :uasikli i;ndi. r :)le Vw.,, This document was produced by AIA software at 16:57:41 on 08117/2017 under Order No,5203587983_1 which expires on 08/1912017, and is not for resale. User Notes: (1111566494) § 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-om the Okvncr 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 110 act or ("Hull 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 Owncr as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors 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 Owner's reasonable conclusion that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: ,1 Exclude the Contractor from the site and take possession ot'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. I, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance ofthe 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 Owncr and not expressly waived, such excess shall be paid to the Contractor. If' Such costs and damages exceed the unpaid balance.. the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, 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 play determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted loot- increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Stns 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•om the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owncr in the notice; AIA Document A2017" — 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. b, F r ' .t : n r 1. 39 ;eprodur:Yion or dkycribt+limn of fhis AlA'' >-H." la !t. c,, <.��/ !,a i ,qt- r5, , alp, : .�, i. � . , a,Ci}, 1 Vrc: !narimun; :ar.hani fxoss.ihs; umfer !i;+_. las"11, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No 52035879831 which expires on 08/1912017, and is not for resale. User Notes: (11115684 94 ) .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14,4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason ofsuch termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15,1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and platters 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 with a copy sent to the Architect, 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 Owner. § 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 Tin1c, 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 ()for 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 or profit except anticipated profit arising directly fi•om 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. AIA Document A2011" — 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. V tR 1ING: 1 n 7 t. o u n i 40 rearoduction or dictrihwinii ofltiis At A ,)ncurn .nr v uei±t f!U„ird, ir, rrir ..::,..(i .ri "w'cr.. >..f ;.,�:.,e_i / II)o rnaxirmml oxtont. rues: ii1G� unci,�r thu i„ v,,, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No. 5203587983_1 which expires on 06119/2017, and is not for resale. User Notes: (1111568494) § 15.2 DECISIONS ON DISAGREEMENTS AND DISPUTE RESOLUTION § 15,2.1 ARCHITECT will be the initial interpreter of the requirements of the Contract Documents concerning the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work. or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work, shall be referred initially to ARCHITECT in writing with it request for a formal decision which ARCI IfTCf and OWNER will together render in writing within a reasonable time. The final decision concerning any claim, dispute or other matter relating to acceptability of the Work or interpretation of the requirements ol'the Contract Documents pertaining to the execution and progress of the Work shall be Owner's.. § 15.2.2 Dispute Resolution The Parties agree to make a good faith effort to amicably resolve any dispute arising hereun(ler. I f that lbils, Owner and Contractor acknowledge and agree claims, disputes and other controversies arising out of or in any wav relating to the Contract or project shall be resolved by litigation. The venue shall be the county and state where the Project is located. The parties may agree to mediation as a condition precedent to litigation, but are under no obligation to do so. ARTICLE 16 CLARIFICATIONS TO SCOPE OF WORK §16.1 Div. 1 General Requirements §16.1.1 001 -5 100 Temp Electrical consumption is not included and it's assumed that the General Contractor can utilize the on-site power at no cost to Contractor. § 16.1.2 001-5200 Temp Water consumption is not included and it's assumed that the General Contractor can utilize the on-site water at no cost to Contractor. The General Contractor has not included any construction contingency at the request of the Owner. It's assunned that the General Contractor can use the owner contingency at its discretion to cover items such as subcontractor default, line item overruns, estimating errors, new batt insulation, unforeseen conditions, mold remediation, structural repair, added wood blocking, code compliant outlets, allowance reconciliation, etc. §16.1.3 The Weather Conditions Allowance of $200,600 is provided to pay for all costs associated with building in the winter that would not be encountered building in the sunnier including but not limited to: all labor, materials, equipment, fuel, utility expenses and/or electricity required to protect the work From freezing or to maintain temperatures necessary to perform the work, including all temporary heat; all costs f'or temporary enclosures; all snow and ice removal costs for the building and the project site; small tools for ice and snow removal; high early, hot water or other costs related to cold weather concrete operations and concrete blankets. The Owner and Contractor acknowledge that winter condition costs depend on weather circurnstances and may vary widely 1'ronl year to year. § 16.1.4 Markup oil changes Additive change orders shall increase the Contract Sum by the cost of the work including I.1% for Payment, Performance & Warranty Bond Premiums, 2.75 % for General Liability Insurance Premiums, plus 2 % corporate offices overhead 4% profit. Deductive change orders shall reduce the Contract Sum only by the direct cost of the work associated with the reduction in the scope of the work. For deductive changes no ovencCa(1, profit, fee, bond premiums, or general liability insurance premiums shall be included in calculating the reduction to the Guaranteed Maximum Price. § 16.1.5 Equipment Rental Rates AIA Document A20111 — 2007. Copyright O 1911 1915 1916 1925 1937 1951 1958, 1961 1963, 1966, 1970, 1976, 1987 1997 and 2007 by The American Init. Institute of Architects. All rights reserved ' 41 hr. maxh; [u f,; tr ,.1 ; .,,;.! . ; .._v. This document was produced by AIA software at 16:57:41 on 08/17/2017£ under Order No.5203587983_1 which expires on 0811912017, and is not for resale. User Notes: (1111568494) Rental rates for Contractor -owned equipment shall not exceed the rates agreed to by the Owner and Contractor as identified in Attachment 1 hereof § 16.1.6 Survey The Parties agree the Contract Sum does not include any survey costs. Owner will be responsible for the cost associated with preparation of the Survey required under Article 7 of the Contract. § 16.2 Div. 2 Site Work § 16.2.1 002-1100 Removal of tenant/occupant property on the exterior of units is not included. "tenant/owner will be responsible for removal and storage of tenant property on decks, entries etc. Including but not limited to patio furniture, grills, bikes, shades, lighting strands. § 16. 2.2 002-1420 Mold remediation ofany kind is not included § 16.2.3 002-2100 Extermination/Rodent control of any kind is not includc<I § 16,2.4 002-9000 Landscaping and irrigation repairs/restoration is not included unless repair or restoration is necessitated by damage by Contractor to landscaping or irrigation system outside the designated work zone as mutually identified by the parties in advance of commencement of construction. § 16.3 Woods. (Paragraph deleted) § 16.3.1. 006-1400 Removal/Replacement of any rotten decking, railing, stringer, stair tread material etc., is not included. (Paragraph deleted) § 16,3.2 006-2300 Removal of existing railing will be done only as needed to install new sheathing, siding and trim. § 16.4 Thermal & Moisture Protection (Paragraph deleled) § 16.4.1. 007-1500 Unit Entry Door and Mechanical Entry Door water proofing at thresholds is not included as these doors are assumed to remain. § 16,4.2 007-1500 - 1" Spray Poly foam is the basis for this proposal. Polyurethane spray foam application produces an odor during and after the physical application of the product. For this reason and the safety of the occupants, each building will need to un -occupied from 8:00 ANI until 6:00 PM on the days this product is being applied on each building. It is estimated that each building will require 2 days of spray Ibani application. Prior to application of insulation, all penetrations and electrical boxes will be sealed. An Mlowance of S7,50t1 is included for Air Monitoring to develop a procedure and ensure it is working for the entire project. it is assumed that we will monitor the application of spray foam on the first building and develop a protocol for moving forward. (Paragraph deleted) § 16.4.3 007-2100 It is assumed that all existing batt insulation is non -paper faced. "the existing non -laced 11-19 batt insulation will be removed, stored and re -installed after the application of the SW Moisture Vapor Barrier. No allowances have been included for missing or damaged batt insulation. § 16.4.4 007-3100 Roof flashing demo, Grace Ice &Water Shield, roof (lashing repair and all other roofing related work is excluded from this proposal. (Paragraph deleted) § 16.4.5 007-4100 Stucco systems are included as a'/", 2 -coat, color intcorated acrylic finish coal. (Paragraph deleted) 516.4.6 007-6100 RA Nelson assumes that there is existing ledger flashing that will remain and removal of decking to complete the waterproofing transition at existing ledgers is not included. Init. AIA Document A201 i"" — 2007. Copyright ©1911 1915 1918 1925 1937 1951 1956 1961 1963 1966 1970 1976, 1987 1997 and 2007 by The American Institute of Architects. All rights reserved. This, AW' — 42 fhte lnsw;num exten< fI..s,._ci:rt7..xri durtIty r"t;_ This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No. 5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) § 16.4.7 07-7100 Gutter, downspout, & heat tape/snowmelt is all excluded fi•om this proposal (Paragraph deleted) § 16.5 Div. 8 Doors & Windows § 16.5.1 08-2200 Unit Entry Door are to remain as is. Entry door removal and replacement is excluded front this proposal. (Paragraph deleted) § 16.5.2 08-5100 Window Package for this proposal is based on Weather Shield Visions 3500 Casement windoly and sliding door line. Type 3 windows are included as a 48" wide egress slider or single hung to be installed in the existing rough opening. § 16.6 Div. 9 Finishes (Paragraph deleted) § 16.6.1 09-2100 Repair to interior drywall nail pops caused from exterior reskin work are excluded from this proposal. (Paragraphs deleted) § 16.6.2 09-9100 Painting of exterior unit entry and mechanical area entry doors is not included. (Paragraph deleted) § 16.6.3 09-9100 Painting of exterior car port is excluded from this proposal. (1'aragraphs deleted) § 16.6.4 (Finish to interior of new window openings to be as follows. Drywall returns at windows will be cut back to a minimal dimension to allow for new window to be installed per manufacturer's specifications as well as sufficient distance to allow for foaming of new windows from the interior. The remaining interior gap in the drywall return will then either be caulked to the existing drywall or a finished trim piece of molding. Therefore, unless damaged by Contractor during construction, drywall patching and/or painting of interior walls will not be required and has been excluded from this proposal. (Paragraph deleted) § 16.7 Div. 10 Specialties (Paragraphs deleted) § 16.7.1 010-1800 New Building/Site signage is excluded from this proposal. (Paragraph deleted) § 16.8 Div. 16 Electrical § 16.8.1 016-3100 Remove, store and reinstall existing exterior sconces in existing locations. No new fixtures or bulbs are part of this proposal. § 16.8.2 016-3100 Remove existing exterior receptacles, store and reinstall in existing locations. Replacement with code compliant, Gf I outlets is not included and would constitute the use of the owner's con Lingulcy if' replacement is required. § 16.8.3 016-3100 An Allowance of $13,600 has been included for (lie removal, storage and reinstallation of satellite dishes for this project. This allowance includes concealment of wiring that is to be determined as well as reinstalling existing satellite dishes in their existing locations. Tenants will have extended intetTuption in their satellite services during the construction process. § 16.9 Order of Precedence AIA Document A2011" — 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 3c 43 t th c.mXimunn, a; -.colli ;E i i r: 4w- This document was produced by AIA software at 16:57:41 on 08/1712017 under Order No.5203587983_1 which expires on 0811912017, and is not for resale. User Notes: (1111568494) The parties agree that the provisions of this Article 16 take precedence over the Drawings incl Spcci I ml I ions (Exhibit Q. If any of the provisions of Exhibit C conflict with the terms of this Article 16, the provisions of this Article 16 shall control. (Paragraph deleted) 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. 01AR,4t,-)G: T i n MA , "E"o;:11wort i-; 1 o'1fJsM;%' 44 oxtent widur th;,- i!;,,,,. This document was produced byAlA software at 16:57:41 on 08/17/2017 under Order No.5203587983 1 which expires on 08/19/2017, and is not for resale. User Notes: (1 1 11 5664 94) Additions and Deletions Report for AIA (D Document A201 TM —2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. Trois Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:57:41 on 08/17/2017. PAGE Lake Creek Village Apartments 4923 Lake Creek Village Drive Edwards. CO 81631 Lake Creek Village LLC a Colorado limited liability company PO Box 850 500 Broadway Eagle, CO 81631 TAB Associates, Inc. a Colorado corporation 0056 Edwards Village Boulevard. Suite 210 Edwards, CO 81632 PAGE 15 CLAIMS AND DISPUTES 16 CLARIFICATIONS TO SCOPE OF WORK PAGE 11 The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter tine 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 dOClnnnenlS listed in the Agreement and Modifications issued after execution of the Contract. A Modification is Ma ) a written aniendnlent to the Contract signed by both parties, (2) a Changc Order, (34 a Co 3 it written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract DOCUrnents do not include the advertisement or invitation to bid, Inst-uctions to Biddcrs, 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. PAGE 13 § 3.1.4 Notwithstanding anything in the Contract Documents to the contrary. the Contract Sunt includes without limitation, the entire amount of overhead and profit pavable to Contractor in connection with the Work tinder the Contractor DOCUI11e11tS. Contractor shall not have the ri!ht to nor shall it seek to recover. any additional compensation for overhead or profit. Additions and Deletions Report for AIA Document A201- — 2007. Copyright ©1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved.VW,rrl , , „ j:r rr ria s, -nod will to thy, m mJ11wj n ex :c, it gin. _:;h i ;,�.,. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) , 3.1.5 Contractor acknowledges that Owner is a tax exempt entity and that Owncr has appropriated funds for this Project in a sum equal to or in excess of the Contract Sum 3,1,6 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents § 3,1,7 Notwithstanding anything to the contrary contained elsewhere herein or in the Contract Documents no change order or other form of order or directive by Architect or Owner and no amendment to this Agreement requiring additional compensable Work to be performed which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement shall be ofany force Or ct1'ect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs ofthe additional Work have been made or unless such Work is covered under a rennedy-granting provision in the Aoreennent PAGE 14 § 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 existill" 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 Docunnents; however, the Contractor shall promptly report to the A-c-hi4ec--Owtner any errors, inconsistencies or onnissions discovered by or made known to the Contractor as a request for information in such form as the A &itec4-Owner 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 Arehiteet Owner any nonconformity discovered by or nnade known to the Contractor as a request for information in such form as the A 4,Iitec-t-Owner may require. PAGE 15 § 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 nnake substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change 9+der er Eenst+tietiAtn Cf}a+nge-0iieetive 0rcler. The Contractor warrants to the Owner and Architect that materials and equipment rurnished under the Contract will be of good quality and new unless the Contract Documents require or pernnit otherwise. The Contractor further warrants that the Work will conforn to the requirennents of the Contract Documents and will be fi-ee from defects, except for those inherent in the quality of the Work the Contract DOclllnlents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. "file 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. Ifrequircd by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipnncnt. Contractor's warranties shall commence upon Substantial Completion of each portion of the Work and continue for a period of one year thereafter unless noted otherwise in the Contract DOCUITICIl(S. Notwithstanding the foregoing. all RUarantees and warranties of materials furnished to Contractor by any manufacturer or supplier are I'o• the benefit of Owner. If any nnanufacturer or supplier of any material furnishes a guarantee o- warrantee for a period of longer than one (1) year, then Contractor's guarantee or warranty shall extend for a like period as to such materials. § 3.7.1 Unless otherwise provided in tine Contract Documents, the trentfaeter-Owner shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for Additions and Deletions Report for 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. r,Itiv-s, rr it wilf i:o rri,;mw, ,..c div n:.. i -,;i,,. ,., , ,r i... :r: This document was produced by AIA software at 16:5741 on 08117/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (11115684 94) proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. PAGE 16 § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are ( I 1 subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and h1 no event later than 21 days 72 hours after first observance of the conditions. The Architect will promptly investigate such conditions Ai-uhiteet and make recommendations to the Owner. If the Owner, in consultation with 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 Owner in consultation with the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contact is justified, the Al-ehiieet Owner shall promptly notify the Owter-and Contactor in writing, stating the reasons. If eitl}er parF} dispt+fes t#e,4rehite E s defer+rri+tatiert or rcentmertdaEiort; tl}at-par4y-ntay-proceed-as-provided-irrAr4iele 15. the Owner and Contractor cannot at,,rce on whether the conditions are materially different from those indicated in the Contract DOCtllllents or in the event they agree that the conditions are materially different but cannot agree on an adjustment in the Contract Sum or Contract "rime the disagreement shall be resolved in accordance with Section 15.2 hereof. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner wjth+easenabl"Fernpmess-in sufficient time to avoid delay to the Work. § 3.9.2 The Contactor, 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 A+e4t44ee4 Q weer play reply within 14 days to the Contactor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the A rEh teet Owner requires additional time to review. Failure of the Arehfteet-Owner 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—?trehiteet has made reasonable and timely objection. The Contractor shall not change the superintendent without the Ow'llcl''S consent. which shall not unreasonably be withheld or delayed. PAGE 17 § 3,10A 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. The Contract Schedule, its detail critical path, and to is and any float contained therein are for the exclusive use of the Contractor. PAGE 18 § 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 oi'Sltop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically in(brmed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order oronst+tretiort C—fia+tge fl+rett+ve has been issued Additions and Deletions Report for AIA Document A201T' — 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, , . fral *sru:rtronQ , rcaa s. Unarrthod?,)d '. tiny, ,J„ pew' 11i:a, -;arJ 'Mil t,u; ,,r.. ; .r ,r--[; fo die rm'Jimun o, d. ,ri( •�,; ;, ,>-., �rr,.;r ,a:::. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (11115684 94 ) 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. PAGE 19 § 3.18.1 To the fullest extent permitted by law the rGont+a nd-hak44i-an*less4l+e-0vvnet lFehiteet feli:'eet's eet+sultan"nd-agents-and-enyees EWaFty Of-therri4et++-and-a-gains! elaitfl". afages- esses-and-expenses; ineludit -6-buHieOiinited-le-attorneys=fees7arisin- out-of'or-resulting fronrperfbrmanc;e-oI4he Wk; pr$vlded Yk}at site!+ eta++}+}nage;-IssOF pe+ se is attr+k+utle to bedily nr90r3 sieness d+sense lavv, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their officials agents and employees, from and against all claims. damages. liabilities losses and expenses including* but not limited to attorney's fees and costs arising out Of, or resulting from+ the performance or non-performance of the Work and including, but not limited to, claims, damages liabilities losses. or expenses attributable to bodily injury sickness disease, or death, or to injury to or destruction of tangible properly 0t4eF4I+aP44ie Waal ',its^ , lul-enly4e4he extent eaused by the neg +t ac�� eFe++++ssiar+s etl+e Eet+t+aeter�a including the loss of use resulting therefrom or is caused, in whole or in part, by any negligent act or omission of CONTRACTOR any Subcontractor, anyone directly or indirectly employed by g+en+-any of them, or anyone for whose acts they -any of them may be liable, regardless of whether or not such-elai++ida+++age loss OF e..1pense-it is caused in part by a party indemnified hereunder. Suelrobligatiet+-shall-not-be-c-oast+--ued-toAiegate,-abridge; or-reduce-other-rights-or-obligations-ol' indemnity that weul`ta ethefwise exFibed in this c Oil 118.Nothing in the contract shall be interpreted that the OWNER waives its sovereign immunes granted under Colorado Governmental Immunity Act if applicable or other applicable law. This article shall survive termination of this A7rccnlcnt § 3.18.2 in c4ain+s agai+rsFany per�en ar eHtity i++den+u+f+ad udder tl+is-Section I yzt+re+n}+layer<>t the Eentfaetar-many and all claims against OWNER or ARCf IITLC"f or any of their agents or employees by any employee of CONTRACTOR, anv Subcontractor, anyone directly or indirectly ernploycd by ti+et++-anv of thern._or anyone for whose acts they -_,any of them may be liable, the indemnification obligation undo tSeetion 3-18 i�hall not keel+ntited4yza-in+itatiet+-et+-an+aunt-ertype ef-damtages;�tpet+sat+en paragraph 13.18.1 shall not be limited in any wa by limitation on the amount or type of damages, compensation, or benefits payable by or Tor the Ee1+traet4+r or"ubeentr-actor-ut+der-werk-ers -- iiipensatiot+-aeta disability-bet+efit-aets-or-other-employee-benefit aets-CONTRACTOR or any Subcontractor under worker's or workmen's compensation acts. disability benefit acts. or other employee benefit acts. § 3.18.3The obligations of CONTRACTOR under paragraph 3. 18.1 shall not extend to the liability of ARCHI`I'EC'I' his agents, or employees arising out of the preparation or approval of maps, drawings, opinions, rel orts._survev. change orders, designs, or specifications. § 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. The term "Architect" means the Architect or the Architect's authorized representative. PAGE 20 § 4.2.1 The Arch iteo-NYM-provide-administr-ation-of=the-Gontraet-as-deser-ibed-urthe-Golf-aC—H)OCumellB-and-wial-be ail Ownel re fesent-at+ve duringc�t+strttctiatrttntit the date if+e Aref+iteet issues the nhf CcrtFf+eatc�Rtr l yn+ent Tlhe rel++teet wilN+ave autl+ority to net of+ behaf f of tf+e Owner-o++ay�to the ettent-larovide<I-iu-the C onu net Oaemet+ts duties and responsibilities and the limitations of authority of ARCHITECT as an OWNE'R'S representative during construction are set forth in the Contract Documents, and shall not be extended without WIitten consent of OWNER and ARCHITECT. Notwithstanding _ anything to the contrary herein, in all instances in the Contract Documents where ARCHITECT has the authority to make decisions concerningquality of and acceptance of the Work performed by CONTRACTOR the ARCHITECT shall first discuss such decision and proposed acceptance with OWNER and obtain its approval prior to communicating with the CONTRACTOR. Further, in all instances in the Contract DOCUInClItS where ARCHITECT has the authority to make a decision that impacts the Project budget or Contract Sum or payment to the CONTRACTOR, then ARCI-II'TFCC shall first discuss the Additions and Deletions Report for AIA Document A20110 —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 n:a:!Oa fio n� ? re lid u!.7 i'" !11 i,,.rx. 1— ..bi t., u . <..;:,. t,.:-, " f f Ii .J..: }sen,;i?ies, and r:fl? !';n ,p! ., This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08119/2017, and is not for resale. User Notes: (1111568494) payrnent or costs with OWNER and obtain its approval prior to approving any payment additive or deductive Work. This paragraph is not intended as and shall not be a waiver of ARCHITECT'S responsibility for oversight of the Work. § 4.2.2T -lie Ai-ehiteet-wifl-visit-ARCFIITECT wi II make visits to the site at intervals appropriate to the stage a, -,Feed' ",t ek)wne+;te-t3eeen3e-getier-aNy-faiil+tia+•-wit+rvarious staves of construction to observe the progress and quality of the pertiorrof-the Wor-i: completed: and-t"etei4iiine-in S n ^l fifthe Weflr ,' i obseed :se4v,. ^,. e „ed In a imn, er-i+ncdieal4v that -#he 4Verk�+l}efr fi+N3�eon}pleted-wii4 be -executed Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. t-4owever-7443e-Ar�4-titee4-ARCHITECT will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.-=he-Atlehiteet-Avi+l-not-have-control-over; safe"Feeautions and c-ktar^�s��€-a;-r�5per�sibit+ty-fsr; ti3e-eenstrtfetierrf}3ean5;-methods; teehnit�ues; se�uenees-er-proeedtnes; er-for-d1e +rs4reel;reef+On Fv+th ttie� erk since tfi;�=�,�Ately theEentr ctele=�H;ttt +nd e s+hditi ti6;-ex-e�Fevide44wSee+�en 3.3. kARCHITECI''S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract DOCUInents. On the basis of such visits and on-site observations as an experienced and qualified design professional ARCHITIECT will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to conulnunicate with each other thfotf;trthe-A-rehi-teci-about matters arising out of or relating to the Contract. Conullurtications 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. PAGE 21 § 4.2.8 The t -eh teet Owner will prepare Change Ordersand-Construe-tietrC-Ijaff,, -3it-ec4ives, Orders, 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, § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of eit-hese-er-Cont+aetef-the Owner. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. PAGE 22 § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award ofthe Contract, shall furnish in writing to the Owner thfoughh theAtehitee-t-the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special (Icsign) proposed for each principal portion of the Work. The Ai-ehiteet Owner may reply within 14 days to the Contractor in writing stating (1) whether the Owner o�•'". �„e A„eh teet has reasonable objection to any such proposed person or entity or (2) that the A+cahiteet-Owner 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. § 5.2.3 If the Owner 9" A •-ehiteet 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 Sunt and Contact 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 Additions and Deletions Report for AIA Document A201- —2007. Copyright ® 1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved.:!-- iflf�-f�;AUUnaai "reane Lnrm'Jlori.r , ,u..t.u,r, .. r, r:,: 35.,>.�,tn �f .'ri: , ,r: r*na!lias, as;tf 'MI t;e, , i x :tarIn nn. r ru t umbar 1,-, :,..r. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required - PAGE 24 § 7.1.1 Changes in the Work may be accomplished after eXecution of the Contract, and without invalidating the Contract, by Change Order, Ceii-ARie ien-C#raflge-Direet+ve 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 OwnefCe,l4+-a4ee at d •` •-^''keci-w it cv-nstrt+ef e+f Change Dt } e mayu may ag r , r R , �j the Ee+3tfa+ teOwner and 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 snider applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Ort-#er-Fensth+este+f Nran4e F)ireet+ve Order or order for a minor change in the Work. § 7.2.1 A Change Order is a written instrument prepared by the A+e(fiteet-and-s+fined by the 9�vfle+ Ec�+rtraetahand rehiteet Owner or Contractor and signed by the Owner or the Owner's designee and Contractor stating their agreement upon all of the following: E— RE-GWE-S T44-A—C-enstrtietfen 6hange-Bir-eeti,,e-is-a-kvritten-or-der--prepared-by4lie-Alcliiteet-and-signed-by-the-Owner--and n Feli eel ,l:.•eeting ., ehatige : the W,.,.1-. „r�kw4e-a- 22FNen%eft-adjt+Si+T;e•,r�rc-� ar+',y—,,,-t(le-G9H4faet—Stint-et--e+lkfaL4 �Ne f bath. The n., mayby � .,sem.^.-.tietien Gli ge Direetiy. :rr, .. n�crcn-cim r-errfl"� F-kti'e4i(id8fJii�e-EflRi+139F-CiPdel- -BIiBtW ei; in-theAVeizk witif-in-4-he-gever-a(-seepe-a Phe-Contf-aet-eonsist+n o additions; deletions-or-other-fevisions; the Gentraet ,Sunn,attd �-'.;:z-A-�„tstruc-tiorrCllange-Birec-t+ve-sllal(-k�e-ttseci-itrthe-absenc-e-9Fi9tal-agreement-9n-t(ie-ter�als-cif-a-C-hinge Order- § 7.3.3 If the Construction Change Dir eeve Order provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .2 Unit prices stated in the Cent+atct B9ctttNer3ts or subset}uent(y a;reeE( uy9n R.A. Nelson Labor Rates and R.A. Nelson Equipment Rental Rates, which are attached hereto as Attachment I and incorporated herein by this reference. § 7.3.4 if unit prices are stated in the Contract Documents or subsequently agreed upon, and i f quantities originally contemplated are materially changed in a proposed Change Order or-Eortstr-uetion-Change-Direct-ive-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 DiFeeti,,e, Order, the Contractor shall promptly proceed with the change in the Work invelved and ttd.,i e the ,,.ehiteet -P !lie CE)HtFaetei-'s a -F ens -r s�3gteer»e+>t +v+tlrt e ct-i9 reposedztEl tu.4ment- "ie GentF et Sum ,,,. r,entf.aet T-ime.involved. Additions and Deletions Report for AIA Document A201 rM -2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved. .)ARN t,C,. +i.t•, . !, .'mrodu(Aj5norai,;rt;;utY sof .1L.- 'pulmlti;>s' and wilt bo prr;s umll ud 10 Cho- rnaxirrn,rn the I;v,C. This document was produced by AIA software at 16;57:41 on 0811712017 under Order No.5203587983_1 which expires on 0611912017, and is not for resale. User Notes: (1111568494) § 7.3.6 A Construction Change Diizeetk,e Order signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contact Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. PAGE 25 § 7.3.8 The ametitit of eredit to be allowed by++er fer a delet+eH erreliat�e t+hit;zsiri s ;>3 a riet-deerease in4e-Gontmet-Sun3--shalf be ac4uaMeteest-as-conf+r-me"y4he Arc-hiteet. V,/herrbotlradditiens-and oFedits eoveFing Felatedin a ehange e-allowance-for-evet�}eael-ai d p1-0f+t-sliaN be figa ed he I c ' e, irfa to that-ehanae-An n.�ca ca oii t� vn�+,rvrrrcc-m crcxs_ t}y-�i�it;•1-re$fjCet- S project savings below the C.onl.racl Sum resulting from schedule or design change bidding of subcontractors and other costs shall accrue to Owner. Abandonment or significant reduction in the scope of Work will not result in a negotiated reduction of the Construction Services Fee. The Builder's Profit will not be subject to reduction ifthe Actual Cost of ConSIRIC6on can be reduced through the efforts of Contractor via procurement efforts or other cost saving construction methods § 7.3.9l2eHdi+ b� f+Hal deterH�tHatioH of the total -cost ef-a C-to4l;e-owner-the C oHt+aHor etien Change PiFeeiive in Ap0eafi@ns-1oF41ay+v1efW �=he-Afcltiteet-rvlll-t}tape-aH-+HteriHrd eier tut i n ati on-for-purposes-ef-+tieHElt Fy-eeFt� eati orrfor•-payment-fi>r-tllos�eosts and_••••��cr-rffy—fi"ayHietrrc4hi ,} L i nt4iat th A.-ehit t 1 tti�niin riliv� •rrcz'cite,cis"-r'�rf3♦e$$feHitl-jnfl M • n es, TieHi; -t9-1� til a t' ,1 TheArehiteet's intefim detefrnina the GeHti'aet--&m tin-ihe-sa+tie-b-alis as a GhaHge-Order; sH er aFty to disa.-Feea asseft a Claim in aR4anee witl+ At Fiele-t3 § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments. such agreement shall be effective immediately and the Architect will prepare a Change Order. Change-Orcleri-+tta}-be issued-fer-ttll-or-any-part-oPa-Gonstrtic-ti eti-Chalige-0i rectwe. The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum of- extension rextension of the Contract Time and not inconsistent with the intent of the Contact Documents. Such changes will be effected by written field order signed by the Architect and shall be binding on the Owner and Contractor. 47.5 Notwithstanding anything to the contrary stated herein, no in no event will the change modit'v the not to exceed the Contract Sum or otherwise be modified without a change order apiwoved by Owner's Project Manager. PAGE 26 § 8.3.1 If the Contractor is delayed at any time in the commencement or progress ofthe Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contactor employed by the Owner; or by changes ordered in the Work; or by later -disputes, -Force Majeure, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the 9w+ter-peHdint- mediation and arbitration; Owner, or by other causes that the Architect determines may justify delay, then the Contact Time shall be extended by Change Order for such reasonable time as theAirehiteet Owner may determine. Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contactor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the A'rt chite4-;-Owner_ sltall be used as a basis for reviewing the Contractor's Applications for Payment. Additions and Deletions Report for AIA Document A2011" -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•' ;rrsllies, znrl will he , r u,;r,t,r ,<;rq tc; 1i,s m iir�r rn t;> - o t >::?Li, i n ;ar ll arz . This document was produced by AIA software al 16:57:41 on 08/17/2017 under Order No,5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (11 115G8494) § 9.3.1.1 4s previded4n-See"'.',- st;2 rSuch applications may include requests for payment on accowlt of changes in the Work that have been properly authorized by-Genstrtretion-Eha+rge-9iFee;ves,,-eF-by+nttal4m o teEmin ,ti s of the n I +tee"u"et-yet-iRc4-uded4n-Change Orders. § 9.3.3 The Contractor warrants that title to all Werk Work, materials and materials covered by in Application lot - Payment will pass to the Owner no later than the time of�payirjent-of payment free of <my liens, claims. sects ity interests and encumbrances. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall; to the best of the Contractor's knowledge, information and belief, be fine and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. PAGE 27 § 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 undisputed amounts due 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. PAGE 30 3 other property at the site or adjacent thereto, sues-includine without limitation trees, shrubs, lawns, walks, pavements, roadways, strtletttres structures, irrigations systems. and utilities not designated for removal, relocation or replacement in the course of construction. PAGE 31 § 10,3.1 The Contractor is responsible for compliance with any requirements included in the Contract DOCllnlellts regarding hazardous materials. I f 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. The Contractor shall have no responsibility for discovery, presence, handling, removal, disposal or exposure of persons to hazardous substances existinZ in any form at the site unless the Contractor, Contractor's employee, agent or representative introduces the hazardous substance to the site PAGE 32 A. Commercial General Viability - Occurrence Form - ISO CG 0001 or equivalent. Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (includine defense costs assumed under contract • Designated Construction Proiects(s) General Aggregate Limit. ISO CG 2503 or ecttlivalent • Automatic Additional Insured—Owners. Lessees or Contractors Endorsement. ISO Form 2038 or equivalent Additions and Deletions Report for AIA Document A20111 — 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 b;icnYiNonot r ;�rt::. Lh; :��tti i;,�r.o i .f,rcductic�; or di:3'rib,riion of ih'F Ali,nrtu, u,.,t .. i :naSl cs, and will ?,r; r;>:1 i t'::' i<: t::r mw;it , ,n z . t „ , . nd!! ;i,1,, This document was produced by AIA software at 16:57:41 on 0811712017 under Order No.5203587983_1 which expires on 0811912017, and is not for resale. User Notes: (1111568494) • Additional Insured—Completed Operations Owners Lessees or Contractors Fndorsemcnt ISO CG 2037 or equivalent o Completed Operations coverage must be kept in effect for up to eight b) years after project completion • The policy shall be endorsed to include the followin- additional insured iW1,Wa,)e on the Additional Insured Endorsements specified above: "Lake Geek Village LI -C. its officials trustees, employees. agents, and volunteers named as an additional insured With reJ)ect to liability and defense of suits arising out of the activities performed by or on behali'of the CONTRACTOR, including completed operations". Minimum Limits: General Aggregate $ 5.000.000 Products/Completed Operations Aggregate $ 5,000,000 Each Occurrence Limit $ 5.000,000 Personal/Advertising Injury $ 5,000.000 Fire Damage (Any One Fire) S 50.000 Medical Payments (Any One Person) $ 5,000 B. Automobile Liability Bodily iniury and property damage for any owned, hired. and non -owned vehicles used in the performance of this Contract. Minimum Limits: Bodily injury/Propert Damage (Each Accident) $ 1,000.000 C. Worker's Compensation and Emplovers' Liability a. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverat,e A (Workers' Compensation) Statutory Coverage B (Employers Liability) 500.000 $ 500,000 $ 500,000 D. Third party fidelity/crime coverage including coverage for theft and mysterious disappearance. The policy shall include coverage for all directors, officers, agents and employees of the CONTRACTOR. Tile policy shall not contain a condition requiring an arrest or conviction. POliciCS shall be endorsed to provide coverage for computer crime/fraud. E. Contractors Pollution Liability Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of Additions and Deletions Report for AIA Document A2011" — 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. "' "' !a.' A, ional Tmabc:.o. t:no:9ict 0!1 or disttibut nn of chis AM Vlocu•ncn,, r,z - ;_ i r,; it, :E1si11e=,.,'lac! 44iB bio f?nx;rr,�.�l"�S':e lhtt rnn+',imum e:xfc;rt ! lu; Int.. This document was produced by AIA software at 16:57:41 on 0 811 712 0 1 7 under Order No.5203587983_1 which expires on 08/1912017, and is not for resale. User Notes: (1111568494) smoke, vapors, fumes, acids, alkalis, toxic chemicals liquids or gases natural gas waste materials or other irritants, contaminants, or pollutants. If the coverage is written on a claims made basis the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained d1.111111-1 the term of this A regiment a. The policy shall be endorsed to include the Owner as Additional Insureds- with respect to liability and defense of suits arising out of the activities performed by or on behalf of the Contractor including completed operations. Minimum Limits: Per Loss Aggregate PAGE 34 $ 1,000.000 S 1,000,000 § 11.2 OWN E-R±-NABILN'-'—INSURANCE -T4ie-Aiwiert-she11-l�e-l' poitsiLle--for-ptiMifising--end-itt"tHtiiiiitb4►e-E3r41et' lrstruHill bitity iimfr-mtee:lntentionally Omitted. § 11.3 PRO BUILDERS 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, preperty-builders risk insurance written on a-b"der's risk all "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 fbr the entire Project at the site on a replacement cost basis without optional deductibles. Such property -builder's risk insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in Nn-iting 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 properly 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 Pfaperty-Builder's risk insurance shall be on an "all-risk" or equivalent policy folan 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 Owner. Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thcrcol• 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 Owncr shall bear all reasonable costs properly attributable thereto. § 11,3.1.3 If the property -builder's risk insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This pizeperty-builder's risk insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. PAGE 35 Additions and Deletions Report for 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 Institute of Architects All rights reserved Ir„sa'+�^.ticn�rl'recnt`cs, Ii (lilto07.cd rgirodluclion of 6,,3tib rtfan of tni., A;A ,.). t.�; nc�r~, rr sin �nr..u, , r ;:, y i.�_.;, s...i ..,�, �; , r i=>;>s 10 ,7r:!a;aitirrs, and, will be rn .r ::Cured o Ura uranin irn f),d f ur,r ar th,_ I,mrv. This document was produced by AiA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111566494) § 11.3.2 BOIL-E-R-AND-MAGH4NEY-}NSURANSE The 3y -tate- ont+rnet Documents-o+•-by�uiv,-whielt-sl+utl-sl)eei�ieu ll-y-eoversuetrinsute+l-objects-Stu+ang-instal Intiot+-nu d-untiNin al Aeeeptunee by the Ow ier—,04s-instwonee shun-++u4uEle4ntei-e o"le-Awuer, GrintritetoSubeinit+++etom find Sul}-sa{+eent+riete►_s-in-tbe-Wot4r, tw-9wnet-M'd-C-Auitsutefls:lntentionally Omitted. § 11.3.3 LOSS--OF-USE—INSURANGE The mer; at the Owner's-eptie+i,+rtay p�r�',:asei,++d n+asith n sue{3-t+}st+ro+)ee�� w;1;�r>scrre tl)e 9+v+}er��ai++sF less E)f use e€ th then l+arards hewever-eat+sec . The -Owner -waive:, a}l-+iehttefz+eti<+ri a- gainster=s-prepetr-ether hazards hewe,,,ei- eau ed - Intentionally Omitted. § 11.3.51€du ' 5 ed the Own F+nsu+es-reper}+ pes,+-eal or-persenal of ket}+ ater ni adjaees,risite o�)y-ptE)peHyiFIst+ranee-u+,�'^,�,-��pa+aEe-f+A++3- die se-inst+ref+ag- the -Rr-ojeet, e;Tti,;e,-;nal paymen t-proper4y-i nsuranee-is-te-be-pr-evide"ii-tlie-c-eit+pleteEN)):k)jeeHhrottglra-pol icy-or-pol ieies-otheFthalrtl)ose insurit+g-th nsl tiegen pei-iod-Else Owner steal e all l)ts i+t ac EorEtanee with the teHa)4 til Seetion 11.3..7 ford t-etheFeauses-o}=less eevered by t}+is3et+crate pt perky insurt+nee-:\11 hF o gatiew4y-e++dersen+ent-e+-egierwise: Intentionally Omitted, § 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. Rae+pol"h*1 ee tEainal-I-gener-+yp}cable cet+d+ttel+s de n++tie; o and e++densemencs+e oled4 this-P+eject. Each-tae}ie"hall-Con titin-a-prevtsiA+t that-Else-pei-i�:;',l-net-be-ettneeled-er-Mewed-to-expire; arid-that-iEs-lin+its-wi-l}+jet-be•+edneed; t+nEi}-aNeast-30-days' "^" ' e iee has beeii b' (lie GFor other policies. the Contractor shall provide a Certificate of insuraneg_specifying the coverage and other requirements tinder Section 11. § 11.3.7 WAW€RS-OF- WN0GAT}ON !)e-Awnet-u++tl�er)ttuete+�wui�e-++l}-+ib+t�u�tustfl}-eeelrAN)eFf+ttEl-ue+y-e�tt)eit-snbeontt:uetor� sub-subeonttfletot=5y udeuts-unE#-emptoyees; ench-ot=Efte-Other; anEl-{�}thc�trebiteeE; r+.ret)itcet's eonsultnnls; setfffate-eentnneto+=s-EteseAbed in 4ttiek�!); i�u++yam ++nE}++t+y A�t})ei+ sn}+t�+nErnetAFs; su}rsubei)ntE-netors flbenfis-tN)Et-en)piAyeeS; t<)t-flatranges-en++scEN+y-fi+•-e-o+Wither-eatnses-E)t�}oss-to-tl+c�E�tenE-Etore+-eEN)yy+r�)per+y insuranee-Obtained-puits uant-to-thJi SCC`tion- 4} 3-oFotbei'pi'opevty4nsitvaitee-o1)1)1ienb1c to -die WooliT except sueh-+ Itts as to)ey-bnve-to-t)meeeds-o sue4r-it+suit+triee-hek"iy4he-Owner-as4idut-i+t+—.-44ie-Gwner-oi: Eotttr-actor; r)s�ppt�ptiute;-shu}I-esquire-ol'-khe�rci)iteel; rirehitec4-s-eonsuknnts,-sepnr-nte-eant+nclors deseAbed i;, +tete-6,-"' ii; uiid44te•subefl+)t+uet-0+-srsub-sube-mAr cLtors� ++ge+its+HIE} e+)+t)tAyeC�s ttttHry of t}ten+,-by ut)t3+opt+ute ug+sen+eE+ts; w+=itEen-w})e"4egal}y-+"t+ireEN'o+•-w)ticlity, sit))it+)t .uuivee+cuetri++ f++vA+ c)E' otltet--1+attics-eu anter uteENtereiu:a'be-t)oi ieies-sh ntl-t3roviEle-suclrwn fivers-Al=su brAbution-bytendon-semen E -or eNtei-wise " .. r of �"btog+ttion sltalN)e e}#eetivs its to -u l)er-sots or et+ti{3 ever) N)Allglt dint t)E!tsot) At entiFy would thei-wlst�lHt+elt fluty Af itt<lenntit+Ettiiott; senttuetttttt er otl)erwisc; EliEl ttAt pay tate +ttsnrsHteey+tet+ti+nu dir-eetayter-iitdtrretay,-nnd-wltetiter or-noHlie-pet•soti-or-etttity-bad-+ii0iisuFabic ittterest4ii4ile-pfmpelgy Eaflulaged7lntentionally Omitted. § 11.3.8 A --less- iisur-ed-under-the-Owner's propeN-)-i++suranc-e-sltall-be adjtisted-by-the-0vnet-,as-liduciar-y and-Anv loss in excess of the deductible insured under the Owner's builder's risk insurance shall be adjusted with the Owner. Any loss shall be 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 ff-required-in-wr-itins by-a-party-itt-interest the-0wtter as ducia+ shall +t+on oceur+enee of a+r instn ecNoss give bend fen grope+ perfeafth e Ownei's die ties. The easE af+sgttired bo++Ek slta}l be u +a sed-againsl, pred . r:a . T-1 e Gwiier�}to}1 deposi�aseseountparate-am. w..,. ^d^ �..a. � Additions and Deletions Report for AIA Document A20111 - 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 " 11 .!1 li f;%rl%i rC; :I.,n• .. t.l.J i.,. .,, ,,.. ,I ':zF,l ,. ,.., _:' ,r. :,..,,•,!� ,.:.. L.; fl .� „[ ..! ,,. -, t,. :b ..... ;' c p "', 1170 t i i aiH hc; , ; t,.,...,., .r ;c; :. ,?nmil r;zu, r, , ,.,. ; , tnu.arr r a:•r. This document was produced by AIA software at 16:57:41 on 0811712017 under Order No.5203587983-1 which expires on 08/1912017, and is not for resale. User Notes: (1111568A 9A) Owne]F Shall +te r+r�aneewitli sdefj age2e+t�er�tasf(ie f3a+#t�r;n interesHmay-reach-er�lfcleFe++t�i+red in crit-heEweert-tihe Ownep-and ` entrarate 1 f after-5deh-toss io-ot4iet�stSec-iai-ag+eeiiient-i�3ade-an"dtess Fhe 9wner Fern}i++ales ifie L onFract fer 'spt ged-pisi�atWe t er#c�r+ ed try Fhe EenFfaetor after-not+€reatior, ifi4be-,'�eFk4ti ac-eordalac-e-with-A-rtiete-7-lntentionally Omitted. 11.4.1. CONTRACTOR shall furnish performance and payment bonds each in an amount at least equal to the Contract Sum as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents, These bonds shall remain in effect at least until two years after the date of final payment except as otherwise provided by law, CONTRACTOR shall also furnish other bonds as are required by the Contract Documents. All bonds shall be in the forms prescribed by the Contract Documents and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts U.S. Treasury Department All bonds signed by an agent must be accompanied by a certified copy of the authority to act 11.4.2 if the surety on any bond furnished by CONTRACTOR is declared bankrupt, or becomes insolvent. or its riaht to do business is terminated in any state where any part of the project is located or it ceases to meet the requirements of clauses (a) and (b) of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to OWNER. §-1:4.1 T1ae-9wner-shafl-have-the-right-te-require-the-42entr-actor-to-furnisirbon(],-covering-faithful-pets fo+ananee-of the GeritFarat an b4gat+ons arising tfiereundeF as stipulated iniddi+� requi+e+ne+rts or speeifiea�y e ii. the eG^Dee+mf-4i4s-eu-the-date of-eNeel: t{en-ef-tfte Cent+a4. § 11A.2 leen the rept+est�Fa+3y perseu er crit+Fj�at>pearir s to bei f�ote+ttiat t�enef+cial of boric#, ct>ve+-in p,tyme++t of ebligations aiis�ler Fhe-Gant+aet, he Gontraeter shall pFefflp ft++t++sh a eopy-e44he4betrds-e+-shA authel-ize a ee hed- PAGE 37 q=he-Eontfae"tiall-be-governed--byy-tf;e4aN"f4Iie-plac-e-where-the-Pi=oiec-t4s-ioeated-exc-ept4lia t -if -the -paries -have selected e+},as the meNhed of hittdu d ispute+esak+tian the Federal tlrbit+atielr4et-stt+tt over+rSectie++ -13.4. This Atrreement shall be governed by the laws of the State of Colorado. Jtn•isdiction and venue of any right, or cause of action arisilIR under, or in connection with this Agreement shall be exclusive in District Court for Eatrle County Colorado § 13.4.3 In the event of any litigation between the parties each party shall be responsible for their own attorney's fees, expert fees, court costs, and all other third -party costs of the litigation unless otherwise ordered by the Court for cause. PAGE 38 The Owner and Contractor shall commence all claims and causes of action, whether in contact, 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 4,0 -wears ager the date of Substantial Completion of the Watz-<—work or as provided for under Colorado law. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. Additions and Deletions Reportfor AIA Document A20111 —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 u: ..'r' 12 intnnta;ionil r( r,aH z. ibnaotLe izr d . n.�� u� t .r; rs (s, tti. i, ni:� x.� <� a Ir:nalt .Z and :ort1 bt: f» nsecut!>[i to ll,:a rrxraa ninr r:r.tr.n� I, �.,.;:P,Ic. undo; This document was produced by AIA software at 16;57;41 on 0 811 7/20 1 7 under Order No.5203587983_1 which expires on 08/1912017, and is not for resale. User Notes: (1111568494) PAGE 39 § 14,2.2 When any of the above reasons exist, the Owner, upon certti-fic-atioii-by-the-initial-Decision-R,laker-O"-per's reasonable conclusion 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, i f any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation 101 - the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. if such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, , upon application, and this obligation for payment shall survive termination of the Contract. PAGE 40 Claims by either the Owner or Contractor must be initiated by written notice to the other party and -to -the -Initial Dpskiea-Mal-er with a copy sent to the Architect, if„zr; AFC-h,•''iis-flet-Sew++ as-Ihe initial Deeision-Maker- Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Clainl or within 21 days after the claimant First recognizes the condition giving rise to the Claim, whichever is later. 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 ofthe 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 Deeisien Maket-Owncr. PAGE 41 § 15.21NMA"E-CISIONDECISIONS ON DISAGREEMENTS AND DISPUTE RESOLUTION §15.2.1 Cl elud, 1, c ins Ina >>�n Ir�1n r&rG'n'�, ciecic �r'i� mese arising, iFHdC."—�ecrivti" ••nEi-�-T=r.-rcr�ih'iii-Eici�efefi�E1-tF}-tilt'-li�}ii{I Deetsief}-MMaket-4•or-ifrit�a4-dee-isier�lae-Ar�hiteet-+vitt-sef-ve-as-the-{rtitial-faecision-i1flaker-tin {ess-otherwise i+idieated in the A gfee,,,nt. ENeepthese�i 13.2. ! , a � +tv4ial deeisien-shall-be f� pieced .rite «reQintiet} e��ny C1ai+� tttsin� pf r-to-tlie{date-final-payer}errt-is-due-unless-s0 days-4have-passed-a4ler-4he-01ai*i4ias-beets- e erred4<)4he4Hitiet4)eeisiefiMaier-witlrti"eeisiefrliavitrg-been readeFed r,�-oche init+ar-will not decide agree, disputes between (lie entraetet-+td perssns ertens+ties etdieHiiaii-the-Owner-ARCI-IITECT will be the initial interpreter of the requirements of the Contract Documents concerning the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work, or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work, shall be referred initially to ARCHITECT in writing with a request for a formal decision which ARCHITECT and OWNER will together render in writing within a reasonable time. The final decision concerning any claim, dispute or other matter relatim-, to acceptability of the Work or interpretation of the requirements of the Contract Documents pertaining to utile execution and progress of the Work shall be Owner's.. S 15,2.2 Dispute Resolution The Parties agree to make a good faith effort to amicably resolve any dispute arising hereunder. I f that fails. Owner and Contractor acknowledge and agree claims. disputes and other controversies arising out of or in any way relating to the Contract or proiect shall be resolved by litigation. The venue shall be the county and state where the Project is located. The parties may agree to mediation as a condition precedent to lineation. bill are under no obligation to do SO. Additions and Deletions Report for AiA Document A201 TI -2007. Copyright CO 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 13 l.-} n ltea, ant! "'MI £;t:. c .:u;sl f.: �.� : mr A:fmri wd,crtt i,js�:ihre ur ndr r 1 �Tx. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08119/2017, and is not for resale. User Notes: (111 1 5684 94 ) ARTICLE 16 CLARIFICATIONS TO SCOPE OF WORK 416.1 Div. 1 General Rea uirements 516.1.1 00 1-5 100 Temp Electrical collsunlption is not included and it's assumed that the General Contractor can utilize the on-site power at no cost to Contractor. § 16.1.2 00 1 -5200 Temp Water consumption is not included and it's assumed that the General Contractor can utilize the on-site water at no cost to Contractor. The General Contractor has not included any construction contingency at the request of the Owner It's assumed that the General Contractor can use the omier contingency at its discretion to cover items such as subcontractor default, line item overruns, estimating errors, new batt insulation. unforeseen conditions mold renledialion structural repair, added wood blocking. code compliant outlets allowance reconciliation etc §16.1.3 The Weather Conditions Allowance of S200,600 is provided to pay for all costs associated with buildinrr in the winter that would not be encountered building in the summer including but not limited to: all labor, materials equipment, fuel. utility expenses and/or electricity required to protect the work from freezing or to maintain temperatures necessary to perform the work, including all temporary heat; all costs for temporary enclosures• all snow and ice removal costs for the building and the project site, small tools for ice and snowy removal: high early_, hot water or other costs related to cold weather concrete operations and concrete blankets •Phe Owncr and Contractor acknowledge that winter condition costs depend on weather circumstances and nlay vary widely Itom year to year. 16.1.4 Markup on changes Additive change orders shall increase the Contract SUI11 by the cost of the work including 11% Por Payment Performance & Warranty Bond Premiums, 2.75 % for General Liability Insurance Premiums plus 2 % corporate offices overhead 4% profit. Deductive change orders shall reduce the Contract Sum only by the dared cost of the work associated with the reduction in the scope of the work. For deductive changes no overhead profit fee bond premiums, or general liability insurance premiums shall be included in calculatinj the reduction to the Guaranteed Maximum Price. 4 16.1.5 Equipment Rental Rates Rental rates for Contractor•-owaled equipment shall not exceed the rates agreed to by the Owner and Contractor as identified in Attachment I hereof 416.1.6 Survey The Parties agree the Contract Sunt does not include any survey costs. Owner will be responsible For the cost associated with preparation of the Survev required under Article 7 of the Contract. 4 16.2 Div. 2 Site Work § 16.2.1 002-1100 Removal oftenant/occupant property on the exterior of units is not includcd,_Tenant/owner will be responsible for removal and storage of tenant property on decks. entries etc. Includin<, but not limited to patio furniture, grills, bikes, shades, lighting strands. § 16. 2.2 002-1420 Mold remediation of any kind is not included § 16.2.3 002-2100 Extermination/Rodent control of any kind is not included 16.2.4 002-9000 Landscaping and irrigation reuairs/restoratioil is not included unless repair or restoration is necessitated by damage by Contractor to landscaping or irrigation system outside the designated work zone as mutually identified by the parties in advance of commencement of construction. Additions and Deletions Report for 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 ' ill I < R t ! ; t n . 14 vena,aee;, aniF will trr; rr : :,.t.nxi t:; tt;c ;n u;,: ,: , , i, ; n.,a , ,.. ,ra. This document was produced by AIA software at 16:57:41 on 0811712017 under Order No.5203587983_1 which expires on 06/19/2017, and is not for resale. User Notes: (1111568494) 16.3 Woods. §'1i44.4-Fhe4fii6al-Bee-isle+rMaker-wil-I i-eaiew-C4al+++s-and-M li-irr-ten-days-of-the-rec-eipt-e"—Gaiiii4ek-e-ene-or- aetiefisid+tlonal st+ 3e elai+cant-er-a respense-wWWi-a+ppert+r data-f+eartl+e-ether-pa"«,,,�--�;-eject-the-Elain+-i+rwhele-er-in-part�3jzappreve-N+ems-lainr� (4}-suggest-a-con+pron+ise: et- (5) advise the paFties that the initial Peeis:on Maher-is-itlable to,-esalve the-Glaittri-f-the4iiiiial Dee-isiet+-Maket, lacks sufficient inferniation te evaluate tile e^ f� t p- Gla t>rer-ifthe initialBecisierr+\,laker-eonc4t+des t-mt, itr4lie 4*4ial-Beeisien-Ma ld-be4napplopr-iate-foHhe-1+ritial-Dee-isie"takeFte-resolve-tlie Giai++i. § 16.3.1. 006-1400 Removal/Replacement of any rotten decking railing stringer, stair tread material ctc is not included. § 15.2.3 in e ,alua fi,,, thin+&,4w lnWal-Dee-is+on Maker-niay; bt+t shah net -be ehl+gtated te,eenst&with-ef-seek lnfopmation-front-either-party-er- Leiii-perset+s-with-spec-+al k+iewledge-er-ex-pe+:tise-tvho-tnay-assist-the4iiitial Deeision n+ -ender ing„- a deeisiat+ l+e-nitial-DeEisien Maker n+a5' request -the Owner to at+thwitei-etefi6ett of sueii persons atzlic�^wiief-Iexpense. ti 16.3.2 006-2300 Removal of existing railing will be done only as needed to install nc1v shcathin, sidim-, and trim. 16.4 Thermal & Moisture Protection § ''5 ;e4iiitlal-Deeisien-Maker-reflu ests-a-part-y4e-I)revide-a-response-to-a-Gainror-to-ftirnish-additioil al suppertin5 data, tt-.,; 1, i ^n^ r- eh- efluestrand 91i ei4ver{4}previde-a response et+ -the recluested suppe4ing-data, (2) advise4he4iiitialDecisieti-Maker wheti4lie respense-a=supporting data will he A,.-.,ished (3) ^,dvise the4ff tial Bee-ilio+rt9aker-4liat tie supportiiig-data-will-be4liriiislied-6pon e-eotirgdat^ 0,,,, the hiki^1-Beelso,-Mak -w4« errejeet-erapprove-the-Clai+ ff-M ele-er-it+-part. 16.4.1. 007-1500 Unit Entry Door and Mechanical Entry Door water proofing, at thresholds is not included as these doors are assumed to remain. S 16.4.2 007-1500 - 1 ” Spray Poly foam is the basis for this proposal. Polyurethane spray foam application produces an odor during and after the physical application of the product. For this reason and the safety of the occupants, each building, will need to un -occupied from 8.00 AM until 6:00 PM on the days this product is beintt applied on each building. It is estimated that each building will require 2 days of spray foan+ application. Prior to application of insulation. all penetrations and electrical boxes will be sealed. An Allowance of $7,5110 is included for Air Monitoring to develop a procedure and ensure it is working for the entire project. It is assumcd that we will monitor the application of spray foan+ on the first building and develop a protocol for moving, forward. A dA 7 6 The initial rleeisie„ M Lie,• will ll ,de eetingg A,e Gl..' .. �,--at+-i g-er-rej..�,.«tt,t}+; er-inclic-ating tl+at-tlte-4t+itla4-Bee-isiotrMak2r-is-tu+able-to-r�solvg,-tl+e-t� lain-Tli is -i n iti a 1�leeisioi+-she! I-t-I-}-be-i n-wri l i n <,::_(2 -1 -stale the reaset+s therelar=a++d� notify ihe�arEies and the krchitect if the A+el++tet t is net seri ing as tl}c F+>itial 4)eeiitan M ker-,-ef a+iy ehatige-iiitl+e-Genva"um-er-Coal r-aet-Fin+e-er-beN+. The it++tial deeisie+i sl+ell be tit+aF and bir+tlit+g en the parties but sub}eet to mediatien and; if the pa--liess W1 te+s}x+te titre ��1+ t++ed+at en-ta l+indlrtg dispute Feselut+on.. 16.4.3 007-2100 It is assumed that all existing batt insulation is non -paper faced. The existing non -faced R-19 batt insulation will be removed. stored and re -installed after the application of the SW Moisture Vapor Barrier. No allowances have been included for n+issing or damaged batt insulation. § 16.4.4 007-3100 Roof flashing demo, Grace Ice &Water Shield, roof flashing, repair and all other roof+n related work is excluded from this proposal. a 14�;rithef pai- }y may -file for +++ediatien-ef-an-"6al-dee-isletiat-any4i+ne subjeet-ie-tl+e ter+++s�f Section 15.2.6-1- Additions and Deletions Report for AIA Document A2011" — 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 ( ;s 15 tnir.rna,ionc{I i're_Itirs, I�naotbot3u,u trp;l.>dura3ion �x r;strit;ut• 5 1 f tiii „a r.l<ut� r u.r.t. o: , �, , -.�,. _ pennaa7ta„ ant£ wM kg, f.lrta=ana.lteai tr) th") nit!xlmurn extent 1;;.lssif:in undo? thsr !ac^r. This document was produced by AIA software al 16:57:41 on 08/17!2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (11115684 94 ) § 16.4.5 007-4100 Stucco systems are included as a'/" 2 -coat color integrated acrylic finish co•n paFty file fet- Riediatioili within 60 days of the initial deeision. if sueh a demand §-X5:2:6.-�-C�+t(}er-partes}a}�wiNlirt38-da�f+•elfir-tl}e-date-ef-arrinitiaWee-+sio+r, demand-in-�aritin� that -the -other s-tt}ade-md4li"a4y-+eeeiy4}g4l+e deman4-`€�ails-tie-f e4.er-t++edict(en-vAthit}-tl}e4in+e-recluifed; tl}en-both-parties-wave their-+*,hts4o-mediate-or-pur-stle bi'ndiiig airSPUtefeseltttiOil -preeeedi4igs '.,'it:; fe5pect tit e initial deeision- §16.4.6 007-6100 RA Nelson assumes that there is existing leder flashing that will remain and removal of decking to complete the waterproofing transition at existing ledgers i5 not included § 16.4.7 07-7100 Gutter, downspout & heat tape/snownlelt is all excluded front this proposal a 15" hi the ' Glaim agai+1st-the C-entmetar,-the-(;iynerma} Fitfl is f+et el3li�ateel Ear fj=the-st+rets awy; 444--i}awfeat}clamount of tale Claim. if tile G ail thy ()w+ler ted to wet+fy the stirs(} a+}d re fl+iesFtlle sciret s assistinee i+} reselyi+ the cont+ove+sy 16.5 Div. 8 Doors & Windows § 16.5. I 08-2200 Unit Entry Door are to remain as is Entry door removal and replacement is excluded (coni this proposal, a 15 .2.8 if.. Glai,,, Fel ates t of is d r jeet-ef-a meehanie's• lie",, e-party-assel-dna,=5ieli C-la4Finay-yreeeed-i++ u ^'a^^^^ Nvith app4eable4ay.,te-con}p y-wit"ie-liet+-no6ce E) f+liwg-deadliiies- § 16.5.2 08-5100 Window Package for this proposal is based on Weather Shield Visions 3500 Casement window and sliding door line. Type 3 windows are included as a 48" wide egress slider or single hung to be installed in the existing rough opening, 16.6 Div. 9 Finishes §4S-."E-D1AT19N § 16.6.1 09-2100 Repair to interior drywall nail pops caused from exterior reskin work are excluded from this proposal. C--Wnis; dilutes,-er other +}}aRe ++-e-entreyersy a++s+i+g at�t a€or {elated to N}e Ea"trac� etcepHl}ese n rn 4 n rn c y�ittyed-as-ter-oyided-fer-i+r$ectiee^ n�,-,��-�,-mall-he-s+ihjeet-te+Hed+at+et+-as-ireondit+ef+-pies-ede"i to bi+1d+"g dispute resel ti4e"-: §-45.3.2 Tli parties-shall-etideavor-to-resolve-tlieir-C-laims-by-mediation-wliieh-unless-ihe-1+arties-n1utually-agree t+-ac-cerda+lc=s-;T, R,-itT�"Sirt+et toi} 1 the d ent. A =equesi fbf-+11ed+a6oH-s4a4-be-+Made-41 yr+tiilg,-deFwered-te,4he-oNler-party-to-the-Genty-aet ttnd-fileckvittrthe-pe+sotl-or-entity-admiiiisteriii -tile-{Mediation: The request may be Made EORetIFFently w4h the g-ef-4ii+14+"g-disputei-ese1u6on-p eeeed4i �llut-iirsuch even( bdispulle wproeee�r Thic-Irshall be Stayed-pendt"g iaediatiafi fer a peried of 60 days ffem ate of filing,unless stayed fef a lenugeF�^ '�, age ee+dent of the parties-ergo{+rt te this-Seetiei• 15.1-2--t ie -parties may "eneiltcltsS yree�ect 5 I A r-latet-preeeedi+lgs aU.3.3 The paFfies shall share the mediateF's- fee nrty-(+l+ng fees -equally. -r„e+}1.ediati,.�-�l1al;-v,,�"+eld-in-tl+e plaee-where-the-Prejeet &Aeeated-ut}less-ailetller-leeatioiv4i iiiutually-agreed-itp n -A ieements+eached-in mediatiaii shall be „r ableas t having jurisdietioereo tl thf ^ttt �,�i-as;ti.,,,,�..tTin ,"y-cettr § 16.6.2 09-9100 Painting of exterior unit entry and mechanical area entry doors is not included § 45:4 AR AT" § 16.6.3 09-9100 Painting of exterior car port is excluded from this proposal Additions and Deletions Report for AIA Document A201 T" —2007. Copyright (D 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.16 djnd wN be rro. ,c,r:15:r.:... tlt: rtt •r.;;urn ez'cn� ,; ;...:,i;,, r ,r;,.. 0p, :,w, This document was produced by AIA software at 16:57:41 on 08117/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: 71111568494) R 15.4.4 art:es have seleeted arbit..^tieri as the inethedr--bi+Edi+tg-dtspHte-resek+t+on-i+�-tlte-A�reet»ent;-at+y !am su jeetzt tem but ne J -+ttciitoFT�i'h+cir,-c+m2S�-tiie-paFtFe:r-141t!}tt&li�- �otl emNise shall be ad,,,i ,-st ed 1 tr n ++ 4rbit+at+e+rAssee+aEiell-i+} aeco+tta+}ec�vit�i it3 Co1+st+He�io�+ S stiFy A Fbitr-at+en-R-tines i; P-4--^t aate ertl+e n�tti�t+e+�t-4 de+�ra+td fa~arbit�atio++ s11++11 k1e ++}ade in wt-it+n delivefed-te4l+e-etl+er-party-tulle-Eentrac-t and-filed-willrthe-per'ser+-e+•-e+ttit"dntinisterin,g--the-arbitratieti. Pie pa tier, must asseFt in the desiiar+d-all-Elaims-tl+en-k-*ox,++ to tha"agy-en § 1� 4.1 4 1 den}-and fef a Flier than-eencurrently with the-f+Ei+, o€-a-fequest-for inediatien, but in no event sZ111 41 bbee -de arta - the date . t, , he-flst"tPet-ef-le. Wf-et}Hi ble-p+eeeed+ngs-based on-the applicable of li++++t duns. Fer-staipt-of-a tie^ "n . thej3' ; e-son-or entity adn}intste+-i+-theeFbitFatio+rshall eel+,t t++te Nie i+tstittttier+of S al er equitable pfeeeedings based en the Claini. 1 Gov 4-22 The ward Fendered-by the-arbitmter-er-aFb'ttratem-shal44ie-l+nal;--anc#-judt-meat-mfty4ie-enter eckipon-it-in aeeerdanee-vAtli-applieable-law--i++-at}y-eeuFt-hav ingjarisdietio+rthet�eof. § 16.6,4 Finish to interior of new window openings to be as follows. Drywall returns at windows will be cut back to a minimal dimension to allow for new window to be installed per nlanufacturer's specifications as well as sufficient distance to allow for foaming of new windows from the interior. The remaining interior gap in the (lrmall return will then either be caulked to the existing drywall or a finished trim piece of molding 'Therefore- unless damaged by Contractor during construction, drywall patching and/or painting of interior walls will not be required and has been excluded from this proposal. §45-04-Tine-foregoi ng agfeeiiient-tozirbitrate-and-other-agreements-to-arbi trate-ivi tln-an-addition al-person-or-entity ie-u*dei appl+eable law in nyeoHrt liavifng jurisd+etio+n--thereet= § 16.7 Div. 10 Specialties § 15:4A NSONt?A ION-0R-JOINDER a 15,e ,+ 1 c;thee: part„ at its sale disc+ettern-+xay eorisol+date an arlcitfation cefielHeied utides tl}is �ree+rie++t ++vtln afiy-etlier�rbiiretiotrte-wliic-frit-is-a-paf#y-provided-Haat-{-1�-tune-arbitratie<rag+•gement-goveriiin� the-other-arbivation peFmits eenselidatien, (2) the arbitizations to be bstantieNy itWelYe�enitTi@+i E1HeSttenS of i�;M or-faEt of-al rides-and methods-for-selecting arb+trater- 4, 16.7.1 010-1800 New Building/Site signage is excluded from this proposal. § ther-paFt}; at4ts-sale-di-seretioti; niay-include-b}joinder-peFsoir-or-elitities-substantiallNtinyolve(I-in-a F #het whes"r-esenee is requi, eeffTlete-relief is to be i:ceoF{le(I +r+ arbitr ft+e++; pFavided that the part), seught to be joined eansents in g to such jeindeF-Gu�arbitrat-re+ri+w&Mng-an hall-get-eenstitute eensemit -tem+=b+t+atio+i efat}y slairii dispute o+ other matter iii (luestien 16.8 Div. 16 Electrical § 16.8.1 016-3100 Remove, store and reinstall existing exterior sconces in existing locations. No new fixtures or bulbs are part of this proposal. § 16.8.2 016-3100 Remove existing exterior receptacles, store and reinstall in existing locations. Replacement with code compliant, GF1 outlets is not included and would constitute the use ofthe owner's contingency if replacement is required. § 16.8,3 016-3100 An Allowance of 513,600 has been included for the removal. storage and reinstallation of satellite dishes for this project. This allowance includes concealment of wiring, that is to be determined as well as reinstalline existing satellite dishes in their existing locations. Tenants will have extended interruption in their satellite services during the construction process. Additions and Deletions Report for 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 Institute of Architects. All rights reserved. Aiocul 7 1s)"emadonal Tre,ltir:s, un i)W,han,(?d w&frIon uctlon or or"In". p;;neitirs, and -AH bfe Ix; th!a mexi:rimr; kllldw'h, i; tv- This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) $ 16.9 Order of Precedence The parties agree that the provisions of this Article 16 take precedence over the Drawings and Specifications (Exhibit Q. If any of the provisions of Exhibit C conflict with the terms of this Article 16, the provisions of this Article 16 shall control. § 16.4.4.3 The ONs-nei- and Gentffietef-gffiffHe any pet- en of etitit)emiltieted ifldef this Seetion 15.4, whetheib)'jE)i..-eF ai- eense44a6m, the 9 G0ntFaGt6I* tin eirthisAgreement. Additions and Deletions Report for AIA Document A20111 — 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 i"2producLion or di,,milmflnrl of,,01'� AIA �InV ;,VW1 it 0 18 and cykm,. t!if, 1,t,%,, This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.52035879831 which expires on 08/19/2017, and is not for resale. User Notes: (1111568494) Certification of Document's Authenticity AIA° Document D401 TM —2003 1, Mike Cuthbertson, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:57:41 on 08/17/2017 under Order No. 5203587983_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201T^' — 2007, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (7711e) (Dateco AIA Document D401- —2003. Copyright 01992 and 2003 by The American Institute of Architects. All rights reserved. ::cies by UJ S, Con r,c,r 11,;w; nrid inE2n pt t ducr on . ; i :a may result Lr scty%^e c iv.iv, crirninal airs „ s �,.. ,.�u',r ,�,t,._: �- . �u., ..,.,�r � , �..; _.. This document was produced by AIA software at 16:57:41 on 08/17/2017 under Order No.5203587983_1 which expires on 08/1912017, and is not for resale. User Notes: (1111568494) Attachment I 5UILDING MOUNTAIN COMMUNITIES Lake Creek Village Exterior Renovation Exhibit _ July 19, 2017 RA Nelson Labor Rates Senior Project Manager 134.00 Project Manager 85.00 Superintendent 85.00 Assistant Superintendent 70.00 Project Engineer 55.00 Carpenter 45.00 Foreman 50.00 Laborer 45.00 Project Coordinator 50.00 Preconstruction Manager 112.00 Preconstruction Director 120.00 The cost of the work includes labor costs for: 1) wages of construction workers directly employed by the Contractor to perform the construction of the Work; 2) wages or salaries of the Contractor's supervisory and administrative personnel, but only for that portion of their time attributable to the Work; and 3) the labor burden and benefits associated with such wages and salaries including but not limited to taxes, insurance, contributions, assessments, benefits such as sick leave, medical and health benefits, holidays, vacations, pensions, bonuses, profits sharing, and incentive compensation. Contractor and Owner agree that it is difficult and expensive to calculate the precise amount of such labor costs, and that such costs may constitute proprietary information. Both Contractor and Owner desire to establish such labor cost rates with certainty in advance of incurring such labor costs. Thus, Owner and Contractor agree that labor costs will be charged on the basis of rates set forth in this Exhibit _. Such rates are guaranteed for one year from the date of this Agreement, and then are subject to increase based on applicable cost escalation. Holiday or vacation pay taken during this Project shall be chargeable to this Project. Because these rates are mutually agreed to and established in advance of the Work, the rates shall not be subject to audit pursuant to any other provisions in the Contract. Equipment Rental Rates Exhibit BUILDING MOUNTAIN COMMUNITIES DESCRIPTION DAILY IWEEKLY IMONTHLY TRAILERS EQUIPMENT & MACHINE ATTACHMENTS 45' SEMI TRAILER $289 $578 $1,155 30'HILLSBORO GOOSENECK TRAILER $87. $520 20'HILLSBORO GOOSENECK TRAILER ------- $75 --$231.- $202 $491 PINTLE HITCH TRAILER$84 $28 $210 $111 $504 $443 -- ---- --------- TRAILER - UTILITY JOBSITE TOOL TRAILER $74..- $431 TRANSPORTATION BUS OR VAN BOOMER FORKLIFT ATTACHMENT $263 $116 ----$179 $1,050 $231 $3,150 $404 45FT PH Z BOOMLIFT $455 $990 $2,160 45FT PH BO -- 0 ML - - - BOOMLIFT - 65FT PH BOOMLIFT $455 $491 $990 $2,160 60FT PH Z BOOMLIFT - —$1,080- $1,125- --$2,61-0- 85FT PH BOOMLIFT ---.$500-- -.-....-$2-,-745-, 125FT PH BOOMLIFT $1,710 $4,050$9,450 SITE TRUCK $158 $420 $1,470 SKIDSTEER 216/226 $330 $810 SKIDSTEER 236/246 $343 $910 _$2,0__25 $2,050 SKIDSTEER 262/272__ $370 $360 $1,298 $1,190 $2,537 $2,835 __ _ TRACK SKID STEER 259 TRACK SKID STEER 262/77/79/89$423 $1,372 $3,189 TRACK SKID STEER 297/299 $451 $1,608 $3,621 SKIDSTEER BUCKET $44 $220 $440 SWEEPER / ATTACH SKIDSTEER Hydraulic Broom $148 $387 $891 DIESEL FUEL TANK W/ STAND $116 GANG BOXES GANG BOX / JOBOX $12 $23 $29 $46 $58 $92 TWO LEVEL JOB BOX / GANG BOX PTW2748W PALLET JACK $29 HEATERS HEATER HOSES / GAS LINE -NATURAL GAS OR PROPANE HEATERS INCLUDED WITH HEATERS ELECTRIC SPACE HEATER $6 $17 $35 100,000 BTU HEATER $60 $145$333 150,000 BTU HEATER $63 $155 $408 300,000 BTU PROPANE HEATER $100 350,000 BTU HEATER $162 -$225- $486 -------$595 $990 400,000 BTU HEATER $225 $720 $1,215 HEAT WAVE 15 ELECTRIC HEATER W WHEELS $68 $266- —$625 GROUND THAW GLYCOL HEATER - SMALL $855 $2,430 GROUND THAW GLYCOL HEATER - LARGE $1,485 $3,420 ---$4,950 $7,560 INFRARED HEATER $29 $38 $57 SPIDER BOX CONNECTORS BOX SPIDER CONNECTORS CORD $123 CEP SPIDER CONNECTORS/TEMP POWER BOXES $173 DISTRIBUTION BOX 200A 3PH $102 $301 $793 DISTRIBUTION BOX SMALL $53 -- $112 --- $257 lot 5 Equipment Rental Rates Exhibit BUILDING MOUNTAIN COMMUNITIES I - DESCRIPTION I DAILY I WEEKLY I MONTHLY' COMPRESSORS WIAIR HOSE 5 HP COMPRESSOR $40 $150 $444 2HP HITACHI COMPRESSOR - --- - ----- $46 $183 - - - - -, -- $733 185 CFM AIR COMPRESSOR 375/400CFM COMPRESSOR ---------- $212 $270 $621 $878 $1,575 $1,890 I %J vv L;r.0 TRACK SNOWBLOWER $58 $231 $404 SNOWBLOWER LG $58 $173 $347 SNOWBLOWER SM $58 $ - 116 $2 , 31 POWER WASH 3700 PSI GENERATOR DIESEL 9.7K $878 $1,913 PRESSURE WASHER 2000 PSI ---$270 $74 $250 $814 3K# HOT WATER WASHER $198 -- , - $5 - 85 $1,260 WINDOW BOX FAN GENERATOR DIESEL 9.7K $97 $272 $607 GENERATOR GAS 6.5K $99$292 $286 -,- $2 . 49 $613 GENERATOR 3000 WATTS $6 . 9 -- $235 $72 , 2 GENERATOR 6500 WATTS $99 $340 J $900 GENERATOR INVERTER $47 $187 $ - 1,080 $1,215 $748 -1---- $ - 1 , - 80 - 0 $2,250 ----------- 20KW GENERATOR DCA25/MMG25 $351.,_.. , $ ,383 36KW GENERATOR DCA45/MMG45 56KW GENERATOR DCA70/MMG75 68KW GENERATOR DCA85 — --------- $405 $428 $1,080 $1,170 $2,160 $2,880 80/10OKW GENERATOR DCA100/125 6 -F $420 - ----- —- $1,263 —$-3,217 WINDOW BOX FAN $6 $12 $23 TPI FAN 48" $50----$148 $33 - - --.. $92 - $286 -,- $2 . 49 STANLEY AIR BLOWER TRASH/DUMPSTERS $46 $92-- 92$20 TRASH CART $21 $42 $63 4' STEP LADDER 6' STEP LADDER 8' STEP LADDER 10' STEP LADDER 12' STEP LADDER 14' STEP LADDER 20' EXTENSION LADDER 24' EXTENSION LADDER 28' EXTENSION LADDER 30' EXTENSION LADDER 40'EXTENTION LADDER 26' MULTIPURPOSE FIRE EXTINGUISHERS 20 LB. FIRE EXTINGUISHER 2of 5 $29 $12 $35 $58 $12-- $40----$81 $46 $92-- 92$20 —$12 $20 $59 $199 $22------ $67 $2-57. $36 $114 $376 $32 $86 $266 $35-..---- $95--------,-$2-93 $-50 .—$,145 $1-7-2 �$472 $6-87 $326 -$62 - $28 -----------5138 .-. $111 $443 $29 Equipment Rental Rates Exhibit 1, BUILDING MOUNTAIN COMMUNITIES DESCRIPTION DAILY WEEKLY MONTHLY 15 LB. FIRE EXTINGUISHER $11$21 $32 $23 10 LB. FIRE EXTINGUISHER $11 $21 $17 7 LB. FIRE EXTINGUISHER WHEEL BARROW PALLET JACK $6 lo"%Jr- vmvo 4N vMt-UU1vIo 18 GAL.SHOP VAC $21 $53 12 GAL. SHOP .........$16 8 GAL SHOP. VAC $11$21 $32 --$1-05 $53 $42 6 GAL. SHOP VAC $11 $21 $32 IIJULLIr-0 OL %11.%M i 0 APPLIANCE DOLLY $15$53 $161 TWO WHEEL DOLLY -- $15 -- - ------ $52 $154 DRY WALL CART INDUSTRIAL $34 $17 $115 $245 $58 $367 $491 $181 WHEEL BARROW PALLET JACK $68 $199 $463 EXTENSION / ELECTRICAL CORDS 100' EXT CORD 12 GAUGE MIN $15 50' EXTENSION CORD 12 GAUGE MIN $4 $9 $21 LAWN EQUIPMENT / OUTDOOR TOOLS HAND TOOLS WEED EATER/GAS $17 $11 $98 POST HOLE DIGGERS $12 $58 WEED BURNER- $35.r $52 $5.25 EACH ------ "T" FENCE POSTS POST HAMMER $12 1—$231-- $46 POWER TOOLS I SPLINE ROTARY HAMMER $60 $213 $685 2 SPLINE ROTARY HAMMER $65 $233 $765 4"x 24" VAR. SPD. BELT SANDER $23 $92 $367 MITER SAW $45 $179 $718 IMPACT WRENCH 300A WELDING / CUTTING TORCH SET $96 $67$200 $212 $505 $496 400/600A WELDING / CUTTING TORCH SET $95 $305 $754 ELECTRIC JACK HAMMER $91 $282 $836 CHAIN SAW / GAS $60 $241 $962 CHIPPING HAMMER $50 $120 $293 30 LB JACK HAMMER$41 $119 $286 - -------- 60 LB JACK HAMMER - - --- -$1,29 $148 ------- . . .... - -- $363 $396 90 LB JACK HAMMER --.$-48 $57 THERMAL CAMERA $72 $286 $1,145 VIB PLATE COMPACTOR $9 ------ - --$---869 LEVELS SURVEYING LEVELING RODS $6 $12 $23 BUILDERS LEVEL $35 $58 $87 LASER LEVEL $35 $81 $162 LASER W/REMOTE RCVR $98 —30-6- --$--6--4- -1 3of 5 Equipment Rental Rates Exhibit BUILDING MOUNTAIN COMMUNITIES DESCRIPTION DAILY WEEKLY MONTHLY SAFETY HARD HATS 1/2 & FULL BRIM $17 EAGLE 5 GAL SAFETY GAS CANS $58 ORANGE TRAFFIC CONES CRL POWER GRIP VACUUM CUPS SET OF 2 $6 $12 $29 $23 BODY HARNESS $6 $23 50' LANYARD 6' SAFETY LANYARD $6 $6 $12 —$46 $23 STANCHIONS / BOOTS FOR TEMP GUARDRAILS ELLIS SHORE CLAMPS $9 $9 $9 PLASTIC 5 GAL CANS $12 FIRST AID KIT $58 EXTECH 1R RH 101 MOISTURE GAUGE $12 $29 $58 EXTECH SOUND / DECIBEL METER $23 $58 $116 METAL TRAFFIC CONTROL SIGNS BLK/ORANGE CONSTRUCTION AHEAD 2'X 2') $35 BLK/ORANGE MEN WORKING (2'X 2) $35 $69 $69 $104 $104 ROAD SIGN FLAGMAN SILHOUETTE $35 ROAD SIGN BE PREPARED TO STOP $35- $69 ROAD SIGN ONE LANE ROAD AHEAD $35 $69 TRAFFIC CONTROL SIGNS --- $35 - $69 $104 FLAGGER AHEAD SIGN $35 $69 BE PREPARED TO STOP SIGN $35 $69 $104 FLASHING LIGHT STAND $35 $69 $104 WARNING & INFORMATIONAL SIGNS RANA NO CONSTRUCTION TRAFFIC (24" X 30") $4-6. RANA CONSTRUCTION ENTRANCE (24" X 30") --- -------- --- $46 WHITE/RED NO CONSTRUCTION ENTRANCE (18" X 24") $35 WHITE/RED CAUTION CONSTRUCTION TRAFFIC WHITE/RED CONSTRUCTION PARKING ONLY-- $23 $23 ----- - WHITE/RED PEDESTRIAN TRAFFIC ONLY RANA NO PARKING SIGNS$23 NO SMOKING PLASTIC SIGN DANGER FLAMMABLE $23 $23 CAUTION HARD HAT REQ SIGN METAL NO SMOKING SIGN METAL CONSTRUCTION AREA HARD HATS REQ PLASTIC $23 NO PARKING METAL SIGN $23 CONSTRUCTION AREA HARD HATS REQ METAL 7- --$23 $23 AUTHORIZED PERSONNEL ONLY METAL SIGN PEDESTRIAN TRAFFIC ONLY METAL SIGN_ DANGER HARD HAT AREA ENG/SPAN METALSIGN--- $2 - 3 - HARD HAT AREA METAL SIGN$29 CONSTRUCTION ENTRANCE LG/METAL $35 SCAFFOLDING, FRAMES & CROSS BRACES rBAKERS SCAFFOLD SETS / COMPLETE 5231 4of 5 Equipment Rental Rates Exhibit 'rtq 1� VN N E LS01, 1, d � � r BUILDING MOUNTAIN COMMUNITIES DESCRIPTION DAILY WEEKLY MONTHLY PERRY SCAFFOLD / COMPLETE SET _ SET OF PUMP JACKS _ _$462_ $268 OFFICE EQUIPMENT CONFERENCE TABLE $74 FOLDING TABLE $11 DESKS - --- --------------------.—__.__.__.___.___ $32 CHAIRS $11 SITE PHONES SITE MONITOR _ _ $26 $74 _ SITE ROUTER J _ $26 —--------...__. FAX/COPY/SCAN MACHINE ----.----...----- --------------- $525 PRINTER$105 _ $23 SMALL REFRIGERATOR - ------ LG REFRIGERATOR $46 MICROWAVE _ $23 COMPUTER-LAPTOPINCLUDED IN RATES PROJECT COMPUTER _LABOR CONFERENCE FLAT SCREEN DISPLAY _ _— _$210 $74 POLYCOM CONF, PHONE $32 TWO WAY MOTOROLA RADIOS / PAIR _ �— $23 $58 MISCELLANEOUS 20' TOOTHPICKS $12 $23 $35 ICE HOOKS (MED) $12 $29 $58 ICE HOOKS LG $17 Sof 5