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HomeMy WebLinkAboutAgreement_General_11/12/2020_Hedrick Brothers Construction Co., Inc.AlA Document A133" - 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 12 day of in the year 2020 (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 and the Construction Manager: (Name, legal status, address, and other information) Hedrick Brothers Construction Co., Inc. 2200 Centrepark West Drive West Palm Beach, FL 33409 for the following Project: (Name, location, and detailed description) Village of Tequesta — Demolition of Existing Community Center ("Demolition Work") and Construction of New Community Center ("Community Center Work") at Constitution Park 399 Seabrook Road Tequesta, FL 33469 The Architect: (Name, legal status, address, and other information) REG ,Architects, Inc. 120 South Olive Ave, Ste 210 West Palm Beach, FL 33401 The Owner and Construction Manager agree as follows, ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201--2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. lnit AIA Document A133" - 2019. Copyright @ 1991, 2003. 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Insti lute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced i by AIA software at 10:4227 ET on 11 /16/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents®T User Notes; erms of service. To report copyright violations, e-mail copyright@aia.org. (f348810795) TABLE OF ARTICLES INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution. ") § 1.1.1 The Owner's program for the Project, as described in Section 4.1.1: (Insert the G�vner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Demolition of existing community center (the "Demolition Work") and construction of new 14,799 SF community center building consisting of gymnasium, adult activity room, youth activity rooms, kids zone, and administrative offices (the "Community Center Work"). § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size, location; dimensions; geotechnical reports: site boundaries; topographic surveys; traffic and utility studies; availability and private utilities and services; legal description of the site, etc,} ofpublic f See the Site Plan (Sheet C-1) attached hereto as Exhibit "C", which depicts the Project's physical characteristics. § 1.1.3 The Owner's budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown.) AIA Document A133'" —2019. Copyright O 1991, 2003, 2009, and 2019 b Architects," "AIA," the AIA Logo, and "AIA Contract Documents"are registered trademarks and y The American trmay not beute of usedll hpermission. ts This document wagproducedof 0^ 1 by AIA software at 1010:39 ET on 11104/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and d may only be used In accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, email copyrghtCia aia.org. Z " User Notes: (1517498218) § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: TBD .2 Construction commencement date: TBD .3 Substantial Completion date or dates: TBD .4 Other milestone dates: N.A. § 1.1.5 The Owner's requirements for accelerated or fast -track scheduling, or phased construction, are set forth below: (Identify any requirements for fast -track scheduling or phased construction.) N.A. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) N.A. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall complete and incorporate AIA Document E234T"--2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E234-2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234`2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) N.A. § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information.) Village of Tequesta Greg Corbitt, Parks and Recreation Director 561-768-0473 / gcorbitt@tequesta.org Jeremy Allen, Village Manager 561-768-0460 /jallen@teque�sta.org 345 Tequesta Drive Tequesta, FL 33469 § 1A.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction - Manager's submittals to the Owner are as follows: f (List name, address and other contact information.) iN 1 I t AIA Document A133- - 2019. Copyright @ 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," `AIA," the AlA Logo, and -AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:30:39 ET on 11 /04/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and 3 may only be used in accordance with the AlA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes; (1517498218) N.A. § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) Geotechnical Engineer: :o .2 Civil Engineer: Engenuity Group, Inc. 1280 N Congress Ave, Ste 101 West Palm Beach, FL 33409 .3 Other, if any. - (List any other consultants retained by the Owner, such as a Project or Program Manager.) TBD § 1.1,11 The Architect's representative: (List name, address, and other contact information.) REG Architects, Inc. Christine Merrell, RA, Project Manager 120 South Olive Ave, Ste 210 West Palm Beach, FL 33401 561-659-2383 cmerrell@regarchitects. cam § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information.) Hedrick Brothers Construction Co., Inc. Erik Himmel, President - Commercial 2200 Centrepark West Drive West Palm Beach, FL 33409 561-689-8880 himmei@hedrickbrothers.com § 1.1.13 The Owner's requirements for the Construction Manager's staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner -specific requirements to be included in the staffing plan.) N.A. § 1.1.14 The Owner's requirements for subcontractor procurement for the performance of the Work: (List any Owner -specific requirements for subcontractor procurement.) N. nit. AIA DOC=ent A133' — 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects by A," 'AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced IA software at 10:30:39 ET on 11I0412020 under Order No.6082912395 which expires on 05/3112021, is not for resale, is licensed for one-time use only, and 4 tjJ may only be used in accordance with the AIA Contract Documantse Terms of Service. To report copyright violations, e-mail copyrightCa.aia.org. JT User Notes: (1517498218) it. § 1.1.15 Other Initial Information on which this Agreement is based: N.A. § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the Project schedule, the Construction Manager's services, and the Construction Manager's compensation. The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days' prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, the Exhibits hereto, including, but not limited to, the Qualifications and Clarifications attached to the Guaranteed Maximum Price Amendinent(s), Conditions of the Contract (General, Supplementary and other Conditions, as defined herein), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8, The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner to furnish efficient construction administration, management services, and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstiuction Phase, AIA Document A201 TM 2017, General Conditions of the Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13,1, Governing Law. The term "Contractor" as used in A201-2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2017, which document is incorporated herein by reference. The term "Contractor" as used in A201-2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager's Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. 11 lue 1. WuA zuuu, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of rchitects,- "AIA," the AIA Logo, and "AIA Contract Documents` are registered trademarks and may net be used without permission. This document was produced by AIA software at 10:30:39 ET on 11104/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and 5 may only be used in accordance with the AIA Contract Documents" Terms of Service, To report copyright violations, e-mail copydght@aia.org. User Notes: (1517498218) § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. To the extent that Owner requires or Construction Manager provides any incidental services, constructing consulting or value engineering, Owner acknowledges that such services are advisory and are not professional design services. The Owner will refer all professional design questions to its design professionals and the Construction Manager shall have no liability to the Owner for services requested by the Owner or rendered by the Construction Manager as described in this paragraph. Construction Manager shall not be liable for the adequacy, accuracy, code compliance and completeness of the drawings, specifications and other design documents provided to Construction Manager. The Owner shall grant extensions in the Contract Time and reimburse Construction Manager for the costs of all permit fees and fines, general conditions and hard costs, costs for inspections/re-inspections or submittals required, which result from errors or inconsistencies in the drawings, specifications and other design documents and/or lack of coordination between Owner and its Architect or other design professionals related thereto. § 3.1.2 Upon request by the Owner. the Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project, using AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities; and identify items that affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered in advance of construction; and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities, and procurement and / construction scheduling issues. Ini AIA Document A133" — 2019. Copyright O 1991, 2003, 2009, and 2019 by The American institute of Architects. All rights reserved. The `Amer can Institute of Architects," "AIA," the AIA Logo, and `AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at M30:39 ET on 11104/2020 under Order No.6082912395 which expires on 05f31 /2021, is not for resale, is licensed for one-time use only, and f j1 may only be used in accordance with the AIA Contract DocumentO Terms of Service. To re ort co E� l� User Notes: p copyright violations, e-mail copyrght�aia.org. (1517498218) § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect's review and the Owner's approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructabRity and schedules, for the Architect's review and the Owner's approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner's review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234Tm-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner's requirements, for the Owner's review and approval. 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase § 3.1.12 Procurement The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compilance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-govemmental authorities. t AIA Document A133' — 2019. Copyright © 1991, 2003. 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA' the AIA Logo, and "A!A Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:30:39 ET on 11104/2020 under Order No,6082912395 which expires on 0513112021, is not for resale is licensed for one-time use only, and 7 may only be used in accordance with the AIA Contract Documents8 Terms of Service. To report copyright violations, a -mart copynght@aia.org, User Notes: (1517498218) § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document (Describe anv other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc) Provide preconstruction services, a minimum of two (2) Guaranteed Maximum Price cost estimates - one (1) at completion of 75% design phase drawings and one (1) at completion of permit drawings. § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review, and the Owner's acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, the Construction Manager's contingency described in Section 3.2.4, and the Construction Manager's Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents. Such further development does not include changes in design, scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager's contingency set forth in Section 3.2.4; and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency (the "Construction Manager's Contingency") for the Construction Manager's exclusive use, in its sole discretion, to cover costs that are properly reimbursable as Cost of the Work but not the basis for a Change Order. Some of the items covered by the Construction Manager's Contingency include, but are not limited to, unanticipated changes in the subcontracting marketplace; material cost escalation; unanticipated changes in construction methods; default by a Subcontractor or supplier; and acceleration costs incurred at the Construction Manager's discretion to meet the Contract Time. The Construction Manager's Contingency is not to be used for costs that are the Owner's responsibility or for which an increase in the Guaranteed Maximum Price is provided under this Agreement, including, but not limited to, design errors or omissions including code compliance issues; adverse hidden or subsurface conditions; scope changes, delays caused by the Owner or the Architect; changes in governmental requirements; and uninsured casualty losses not caused by the Construction Manager. Construction Manager will notify Owner when expenditures are charged to the Construction Manager's Contingency and, upon request by Owner, provide documentation evidencing such expenditures. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price Proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who, if agreeable, shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 3.2.6 Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the AIA Document A133' — 2019. Copyright @ 1991, 2003, 2009, and 2019 by The American Institute of Architects, Architects," "AIA," the AIA Logo, and WA contract Documents" are registered trademarks and may not be used witthouhts perm ss on This document wasreserv. The "Americantlp produced C by AfA software at 10:30:39 ET on 11/0412020 under Order No.6082912395 which expires on 05131 /2021, is not for resale, is licensed for one-time use only, and 8 1 may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1517498218) Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are Iegally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201-2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties. The written agreement shall set forth a description of the Work to be performed by the Construction Manager, and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3,10 of A201 2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect, and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3 above. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including Ini AIA Document A133' — 2019. Copyright C 1991, 2003. 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American institute of Architects,' 'AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:30:39 ET on 11104/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and V /J JL may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1517498218) schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. After execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services firmished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E234TM-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2017, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 4.2.1 legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. AIA Document A133- -2019. Copyright© 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects," "AIA," She AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be c5ed without permission. This document was produced _ by AIA software at 10:30:39 ET on 11/0412020 under Order No.5082812395 which expires on 0613112021, is not for resale, is licensed for one-time use only, and 10 (. may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1517498218) § 4.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B133r"L-2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect, and any further modifications to the Architect's scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) Preconstruction: $37,608.00. See the Preconstruction Services Summary attached hereto as Exhibit "D". Virtual Design Construction (VDC): $27,872-00. See the VDC Services Summary attached hereto as Exhibit "E". TOTAL: $65,480.00 § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager's Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Individual or Position Rate Preconstruction Manager: $160.00/hour Estimator — Level 3: $140.00/hour Estimator — Coordinator: $52.00/hour Director of VDC: $124.00/hour VDC Manager- $100.00/hour VDC Assistant: $90.00/hour VDC Coordinator: $85.00/hour Project Executive: $210.00/hour Project Manager: $126.00/hour Superintendent: $110.00/hour Project Coordinator: $52.00/hour Project Accountant: $52.00/hour § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within two ( 2 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid sixty 60 ) days after the invoice date shall bear interest at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Paragraphs deleted) i,.W-�"[A Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Arc hitects.Architects," `AIA," the AIA Logo, and AIA Contract documents" are registered trademarks and may not be used w hlout Permission, This document wasrights reserved. The "Americantitute produof ced by AIA software at 10;30:39 ET on 11/04/2020 under Order No.6082912395 which expires on 05/31 /2021, is not for resale, is licensed for one-time use only, and 11 may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail c licensed for .org. User Notes: (1517498218) ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Suin in current funds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (.State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager's Fee) 6.5% of the Cost of the Work plus 1.3% of the Cost of the Work for General Liability Insurance. § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: For additive changes, Construction Manager's Fee shall be 6.5% of the Cost of the Work plus 1.3% of the Cost of the Work for General Liability Insurance. For deductive changes, there shall be no adjustment to the Fee. § 6.1.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: 10% Overhead, 5% Fee § 6.1.5 Rental rates for Construction Manager -owned equipment shall not exceed one hundred percent ( 100 %) of the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) The Construction Manager agrees that if Substantial Completion is not achieved by the date of Substantial Completion established by the Guaranteed Maximum Price Amendment for the Community Center Work, as such date may be adjusted by Change Order, for each day thereafter Contractor shall pay to the Owner as Iiquidated damages the sum of $500.00 for each day until Substantial Completion is achieved. Construction Manager shall not be liable for the liquidated damages set forth herein if the cause of the delay of Substantial Completion is due to an act or neglect of the Owner, Architect, Owner's consultants, or of a Separate Contractor, or of an employee of any of them, by changes ordered in the Work, an Act of God, event of force majeure, governmental requirements (including issuance of permits and permit revisions) or state of emergency, epidemic or pandemic or other cause(s) beyond the Construction Manager's control. The liquidated damages discussed herein shall be the sole and exclusive remedy for any/all delays at the Project (whether at law or in equity) and shall be the full, agreed, and liquidated damages recoverable against the Construction Manager by the Owner (or any other party) for all claims, damages, or remedies relating to timely performance and completion of the Project. All other claims, damages, or other remedies relating to delay in completion, including, but not limited to consequential damages, are expressly waived by the Owner. § 6.1.7 Other:. (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract gum.) On all costs saved in Divisions 2 --18, savings shall be credited 50% to the Owner and 50% to the Construction Manager. The General Conditions shall be fixed, subject to the terms hereof. Savings will be apportioned upon completion of the Work in accordance with this Agreement and paid at Final Payment of the Project. The parties agree that any unused contingency remaining at the final completion of the Project shall go to the Owner 100%. § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum for each portion of the Work (i.e., the Demolition Work and Community Center Work) shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendments for the individual portions of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner, subject to the terms hereof. It is understood and agreed that the Itemized GMP and/or Schedule of Values shall not be considered as a line item guarantee by Construction Manager of the costs of any individual Iine item in the Itemized GMP and/or Schedule of Values. Construction Manager shall have the AIA Document A133`" — 2019. Copyright Q 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The -American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced ' + by AIA software at 10:30:39 ET on 1110412020 under Order No.8082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use only, and 12 t rJ+J may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1517498218) right to move budgeted funds between line items in the Itemized GMP and/or Schedule of Values to offset shortfalls in any line item(s). § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of ALA Document A201-2017, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201-2017, as they refer to "cost" and "fee," and not by Articles 6 and 7 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in Article 7 of AIA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.13 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. § 6.3.6 Notwithstanding anything contained herein to the contrary, Owner shall review and respond to change orders (with an approval, rejection or comments) submitted by Contractor within five (5) business days after submission by Contractor of a change order in order to maintain the Substantial Completion Date for the Project. In the event Owner fails to approve a change order within such five (5) business day timeframe, Owner agrees that Contractor shall not be liable for any delay or damages associated with such failure, including, but not limited to, liquidated damages, and Contractor shall be entitled to an equitable adjustment in the Contract Time, extended General Conditions expended by the Contractor and increased costs reasonably incurred by the Contractor as a result of such failure. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean, costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior approval, the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § 7.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site or Principal Office and performing Work. V AIA Document A133'" —2019. Copyright Q 1991, 2003, 2009, and 2019 b The American it. Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may notbeused without ll uhpermiss on. This document wasinstitute produced f , f by AIA software at 10:30:39 ET on 11 /0412020 under Order No.6082912395 which expires on 05/31 /2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, a -mail copyright@aia.arg. User Notes: (1517498218) § 7.2.2.1 Wages or salaries of the Construction Manager's supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) § 7.2.2.2 Expenses of the Construction Manager's principal office and offices other than the site office to the extent necessary to complete the Work. § 7.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, shall be subject to the Owner's prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Construction Manager's site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. hilt, ALA Document A133— 2019. Copyright d 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at fo:M39 ET on 11/0412020 under Order No.E082912395 which expires on 05131/2021, is not for resale, is licensed for one-time use only, and 14 may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail co User Notes: pyright@aia.org. (1517498218) § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7,6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager. § 7.6,2 Sales, use, or similar taxes, imposed by a govemmental authority, that are related to the Work and for which the Construction Manager is liable. § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201-2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims, and payments of settlements made with the Owner's consent, unless the Construction Manager had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201-2017. The costs of legal defenses, judgments, and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner's prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § 7.6,10 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work, with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner's prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201-2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or AIA Document A133- —2019. Copyright g 1991, 2003. 2009, and 2019 by The American Institute of Architects. All rights reserved. The `American Intl tute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced ! + , by AIA software at 10:30:39 ET on 11104/2020 under Order No.6082912395 which expires on 05131 /2021, is not for resale, is licensed for one-time use only, and 1 `11T may only be used in accordance with the AIA Contract Documents® Terms of Service, To report copyright violations, a -mail cop yrightQaia.org. User Notes: (1517498218) failure to fulfill a specific responsibility by, the Construction Manager, and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201-2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of the Construction Manager holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize the transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: ,1 SaIaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 7.2, or as may be provided in Article 14; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Construction Manager's principal office and offices other than the site office, except as specifically provided in Section 7.2, or as may be provided in Article I5; .4 Overhead and general expenses, except as may be expressly included in Sections 7.1 to 7.7 or elsewhere in this Agreement; .5 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Construction Manager, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7,7; .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shaIl be credited to the Owner as r a deduction from the Cost of the Work. AIA Document A133'" —2019. Copyright Q 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The `American Institute of Architects," "AIA," the AIA Logo, and `AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:30:39 ET on 11104I2020 under Order No.6082912395 which expires on 05131/2021, is not for resale, is licensed for one-time use only,and 16 may only be used in accordance with the AJA Contract Documents' Terns of Service. To report co User Notes. P pyright violations, e-mail copyright@aia.org. (1517498218) ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or other appropriate agreements with the. Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. Upon request, the Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager's list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Construction Manager, as provided below and elsewhere in the Contract Documents. § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the 10th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than 15 days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 11.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, reeeipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate l lnit IA Document A133- — 2019. Copyright Q 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,° the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without f by AIA software at 10:30:39 ET on 11 /04/2020 under Order No.6082912395 which expires on 05131 /2021, is not for resapermission. e, s I cens dhforis done -time usocument e only, and d 1 % 1 //!1 may only be used in accordance with the AlA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1517498218) that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager's Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Construction Manager's Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect and/or Owner may reasonably require. The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. Notwithstanding anything contained herein to the contrary, with each Application for Payment after Pay Application No. 1, Construction Manager shall submit partial or final, as the case may be, releases of lien for payments already received by Construction Manager pursuant to previously approved application for payments from all subcontractors, laborers and materiahnen who furnished labor or materials and for which the Construction Manager seeks payment and for which the Construction Manager seeks payment. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values, the Construction Manager shall submit supporting documentation to the Architect. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 11.1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and .4 The Construction Manager's Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; Init. AIA Document A133' — 2019. Copyright O 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The `American Institute of Architects," "AIA," the AIA Logo, and `AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:30:39 ET on 11I04I2020 under Order No.6082912395 which expires on 05131 /2021, is not for resale, is licensed for one-time use only, and 18 C—~I /y may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail oopydght@afa.org. j� User Notes: (1517498218) .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201 2017; .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment trade prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 10%, subject to Section 12.1.8.1.1 hereof. § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) Notwithstanding anything contained herein to the contrary, there shall be no retainage held against Construction Manager's Fee, General Conditions, General Requirements, insurance and/or bond premiums or any permit costs. § 11.1.8.2 Reduction or Iimitation of retainage, if any, shall be as follows: (If the retainage established in Section 1 ].1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification.) Once the project is 50% substantially complete, retainage shall be reduced to 5% on all future payments due Construction Manager. Upon mutually agreeable terms between the Owner and Construction Manager, Construction Manager may release retainage to a Subcontractor who has fully completed their work and provided final waivers and releases in accordance with the Contract Documents. § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.I.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner's audit and reconciliation, upon Substantial Completion.) Notwithstanding anything contained herein to the contrary, the parties agree that retainage shall be fully payable to Construction Manager once substantial completion is obtained, less remaining punch list items. Thereafter, Owner may retain an amount equal to 1.5 times the amount determined by Owner, Construction Manager and Architect for unsettled claims, punch list Work or incomplete Work until the claims are resolved and punch list work is completed. § 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager, the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 11.1.10 Except with the Owner's prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be AIA Document A133'° — 2019. Copyright O 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," 'AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:30:39 ET on 11/04/2020 under Order No.6082912395 which expires on 05/3112021, is not for resale, is licensed for one-time use only, and 19 t j may only be used in accordance with the AIA Contract 6acumentsO Terms of Service. To report copyright violations, e-mail oopyright@aia.org, T User Notes: (1517498218) deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on -site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract, Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract, except for the Construction Manager's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. § 11.2.2 Within 10 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9 of ALA Document A201-2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201-2017. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. The inspection necessary for the issuance of the final Certificate of Payment shall be conducted within five (5) days after receipt of notice from the Construction Manager that the Work has reached final completion. Within five (5) days of inspection, Construction Manager shall be furnished with a detailed listing of each and every item required for final completion payment. As Construction Manager satisfies each item, Owner or Architect shall acknowledge completion of the Work and those items performed shall be removed from the list. If no itemized list is received by Construction Manager within ten (10) days after notice from the Construction Manager as provided in this Paragraph, then it shall be presumed that no items remain to be completed or corrected and the Owner's final payment to the Construction Manager shall be due and payable within 30 days, § 11,2.2,3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated by the Construction Manager's final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 11,2.3 The Owner's final payment to the Construction Manager shall be made no later than 15 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 11.2.4 If, subsequent to final payment, and at the Owner's request, the Construction Manager incurs costs, described in Sections 7.1 through T7, and not excluded by Section 7.9, to correct defective or nonconfonning Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager's Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by f the Owner to the Construction Manager. init. AIA Document A133' — 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:30:39 ET on 11/04/2020 under Order No.6082912395 which expires on 05131 /2021, is not for resale, is licensed for one-time use only, and 20 may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyrfght�aia,org. User Notes: (1517498218) § 11.3Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Paragraphs deleted) ARTICLE 12 DISPUTE RESOLUTION § 12.1 Direct Discussions § 12.1.1 If the Parties cannot reach resolution on a matter relating to or arising out of this Agreement, the Parties shall endeavor to reach resolution through good faith direct discussions between the Parties' representatives, who shall possess the necessary authority to resolve such matter and who will. record the date of first discussions. If the Parties' representatives are not able to resolve such matter within five (5) Business Days from the date of first discussion, the Parties' representatives shall immediately inform senior executives of the Parties in writing that a resolution could not be reached. Upon receipt of such notice, the senior executives of the Parties shalt meet within five (5) Business Days to endeavor to reach resolution. If the dispute remains unresolved after fifteen (15) Days from the date of first discussion, the Parties shall submit such matter to mediation in accordance with Article 15.3 of AIA Document A201-2017. (Paragraphs deleted) § 12.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Article 15 of AIA Document A201-2017 [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1,1, the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination, in accordance with the terms of this Agreement. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1, subject to adjustment as set forth in Section 5.1.3. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Article 14 of A201-2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13,1.3, the Construction Manager shall be equitably compensated for Preeonstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1, subject to adjustment as set forth in Section 5.1.3. 114 '�opyngnt U 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of chitects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permisslon. This document was produced J by AIA software at 10:30:39 ET on 11/0412020 under Order N0.6082912395 which expires on M3112021, is not for resale, is licensed for one-time use only, and 21 {I) may only be used in accordance Mth the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.arg. f� User Notes: (1517498218) § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.I.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Fallowing Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201-2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A20I-2017, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201-2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager' Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201-20I7. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager tinder such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience �VAIA Document A133" — 2019. Copyright O 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and 'AIA Contract Documents"' are registered trademarks and may not be used without permission. This document was produced 4T by AIA software at 10:30:39 ET on 11 J0412020 under Order No.6o82912395 which expires on 05J31I2421, is not for resale, is licensed for one-time use only, and 22 rdimay only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org, User Notes: (1517498218) If the Owner terminates the Contract for convenience in accordance with Article 14 of ALA Document A201--2017, then the Owner shall pay the Construction Manager (Paragraphs deleted) for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts, demobilization costs and attorneys' fees; and reasonable overhead and profit on the Work not executed. § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201-2017, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201-2017. Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager, 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 14.2.2 of this Agreement, and in Section 13.2.2 of A201-2017, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment upon review and approval of same. § 14.3Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 14.3.1.1 Commercial General Liability with policy limits of not less than $1,000,000.00 for each occurrence and $2,000,000.00 in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager with policy limits of not Iess than $1,000,000.00 per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 14.3. I.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than $500,000.00 each accident, $500,000.00 each employee, and $500,000.00 policy limit. § 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than $1,000,000.00 per claim and $1,000,000.00 in the aggregate. § 14.3.1.6 Other Insurance the A!A ! '�...ut,yngm u iaal, ruin, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of rchitects," "AIA," ogo, and "AIA Contract documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:30;39 ET on 11/04/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and 23 may only be used in accordance with the AIA Contract Oocumentse Terms of Service. To report copyright violations, e-mail copyright@aia.org, User Notes: (1517498218) (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits) Coverage limits N.A. N.A. § 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction phase After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A 133TM-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents. § 14.3.2.1 If applicable, the Construction Manager shall provide bonds as set forth in AIA Document A133TM-2019 Exhibit B, and elsewhere in the Contract Documents. § 14.4 Notice in electronic format may be given pursuant to Article 1 of AIA Document A201-2017 § 14.5 Other provisions: 14.5. I In the event of a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred at both the trial and appellate levels, including fees and costs to establish the amount of fees and costs to be awarded after entitlement thereto has already been determined, from the other party. Venue of any litigation between parties shall lie in Palm Beach County, Florida. 1.4.5.2 In the event a Watch or Warning for a Tropical Storm or Hurricane is issued for Palm Beach County, and/or if a Tropical Storm or Hurricane makes landfall adversely affecting the Project Site, all labor, material and equipment associated with the preparation and clean up before and after the storm will be billed directly to the Owner on a time and material basis. Delays in the Work attributable to matters described herein shall allow Construction Manager to claim extended General Conditions directly incurred by Construction Manager, plus increased costs directly incurred by Construction Manager, and the Substantial Completion Date shall be extended by Change Order for such reasonable time as the parties may reasonably determine. 14.5.3 If the Work is delayed or stopped due to a tropical storm, hurricane, Act of God, event of force majeure, governmental requirements or state of emergency, epidemic or pandemic, Homeland Security Threat or other cause(s) beyond the Construction Manager's control, Construction Manager shall be entitled to adjustments to the Contract Time and/or the Contract Sum, as the case may be, as a result of such work stoppage or delay and Owner agrees to pay additional costs related to price increases as a result of same. If Owner and Construction Manager cannot agree upon such adjustments to the Contract Time and/or the Contract Sum and/or price increases or if Construction Manager reasonably determines that it is impractical and/or impossible to continue or complete the Work as a result of the circumstances discussed herein, Construction Manager shall have the right to terminate this Agreement and shall be paid in full for all labor, services and materials in place or stored on the project up until the date of termination. Upon termination, the Construction Manager shall reserve all rights and remedies available pursuant to the terms of the Contract Documents, including those available pursuant to Article 14.1 of the AIA Document A201-2017. 14.5.4 Owner shall cause Architect to update drawings showing revision date with "delta" number and draw cloud u?dnd changed area. Owner will pay Architect to change plans for any value engineering or cost savings used on Owner's f.half AIA Document A133— — 2019. Copyright g) 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and -AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:30:39 ET an 11/04/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and 24 t may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail copydght@aia.org. ong. User Notes: (1517498218) 14.5.5 When on site, Owner and Architect and all of their invitees agree to abide by Construction Manager's reasonable Project site safety rules and directives. In the event Owner desires to bring its invitees or other guests to the site prior to substantial completion of the Work, Owner agrees to require that such invitees provide Construction Manager with a release on Construction Manager's approved release form prior to entry on the site. 14.5.6 Indemnity. In consideration for the indemnification under Paragraph 3.18.1 (A201) and other consideration set forth below, Owner agrees to defend, indemnify and hold harmless Construction Manager from and against any and all claims, damages, losses and expenses, including but not limited to attorneys' fees, against the Construction Manager and/or Owner (if Construction Manager is named as a defendant in any lawsuit) where the basis of the action arises out of Work performed or to be performed by Owner or its separate contractors to the extent caused by the negligence, recklessness or intentional wrongful misconduct, acts or omissions of the Owner or its separate contractors. Construction Manager shall select the attorney(s) to represent it regarding any such claim or lawsuit. Owner shall pay Construction Manager's attorneys' fees and expenses on a current basis (within 20 days of submission of invoice). It is the parties' intent that these indemnification provisions comply in all respects with the provisions of Section 725.06, Florida Statutes. To the extent that these indemnification provisions are found not to comply with Section 725.06, Florida Statutes or any other applicable legal requirements, the indemnification obligations shall not be nullified, but shall instead only be deemed modified to the extent necessary for such indemnities to constitute enforceable indemnities under Section 725.06, Florida Statutes or applicable legal requirements. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph. 14.5.7 Existing and Unforeseen Conditions. Notwithstanding anything contained in the Contract Documents to the contrary, the Owner expressly agrees that Construction Manager shall not be liable for any loss, damage, liability or expense arising from or related to any existing or unforeseen conditions at the Project, including, but not limited to the following: (i) existing site, soil or structural conditions, including, without limitation, damage caused to any of the foregoing by any cause or party other than Construction Manager; (ii) work or construction activities not performed by Construction Manager; ut materials or equipment not furnished by Construction Manager; (iv) damage resulting from improper or insufficient maintenance by the Owner or its employees; (v) the presence of any hazardous or toxic materials or substances, including mold, asbestos containing materials, petroleum products, polychlorinated biphenyl (PCB) or any other hazardous or toxic material or substance; or (vi) any other existing or unforeseen condition existing at or on the Project that Construction Manager could not have reasonably discovered prior to Construction Manager's commencement of Work on the Project (items (i) — (vi) are hereinafter collectively referred to as the "Existing/Unforeseen Conditions"). In the event that any of the Existing/Unforeseen Conditions result in any additional expense to Construction Manager or affect or delay Construction Manager's performance of the Work at the Project, Construction Manager shall be entitled to an adjustment in the Contract Sum and/or Contract Time. In connection with the Existing/Unforeseen Conditions and the Work to be performed by Construction Manager at the Project, Owner agrees that Construction Manager shall be entitled to rely on the information and reports provided by Owner to Construction Manager in evaluating the Project and the Existing/Unforeseen Conditions. 14.5.8 In the event Owner or Owner's representative has separately contracted with any subcontractor's or trade contractor's ("Separate Contractor") to perform work at the Project ("Separate Contractor's Work") and requested or required Construction Manager to utilize the services of said Separate Contractor for the Project, Owner understands and acknowledges that Separate Contractor's Work is outside of Construction Manager's scope of work and that its obligation to pay Separate Contractor shall be separate from its obligation to pay Construction Manager. Owner shall be responsible for all payments due to Separate Contractor. Owner acknowledges that Separate Contractor is responsible to warrant the quality of Separate Contractor's Work and Separate Contractor shall be liable to Owner and Construction Manager for any defective work performed by Separate Contractor or damage to the work of Construction Manager or its subcontractors caused by the Separate Contractor, Owner acknowledges that Separate Contractor shall be responsible to furnish its own Commercial General Liability policy to Owner. Owner shall cause Separate Contractor to name Construction Manager as an additional insured in its Commercial General Liability policy for claims caused in whole or in part by the Separate Contractor's negligent acts or omissions during the Separate Contractor's operations. Any agreement entered into by Owner and Separate Contractor shall not affect the enforceability of this Agreement or any other Agreement entered into by Owner and Construction Manager. 14.5.9 The construction industry is currently experiencing extreme price and supply volatility with material and Iabor. To every extent possible, Construction Manager will lock in prices from subcontractors and suppliers for materials. 1_111wever, due to current market fluctuations, the prices of these materials are subject to sudden, significant changes, and Init. AIA Document A133' — 2019. Copyright 01991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract 00cuments" are registered trademarks and may not be Used without permission. This document was produced by AIA software at 10:30:39 ET on 11104/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terns of Service. To re ort co ht violations, a mail copyrighl@aia.org. 1 1 User Notes: P pYr9 (1517498218) firm prices cannot always be obtained from subcontractors and suppliers. If the cost of materials used or to be used to perform the Work increases or decreases from the cost of the same materials(s) included in the original subcontractor's or supplier's proposal used to establish the cost of the Work, then the Contract Sum shalt be increased or decreased by the actual amount of the cost increase or decrease (with no additional profit or overhead to the Construction Manager). If shortages of materials cause delay in the schedule, then the schedule shall be modified accordingly and Construction Manager shall have the right to request additional general conditions for the period of the time the contract is extended. 14.5A0 ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB -SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. 14.5.11 This document maybe executed in 2 or more counterparts and a handwritten signed copy of same transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of same for all purposes. 14.5.12 INSPECTOR GENERAL: Pursuant to Article XII of the Pahn Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the. production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as [Entity] and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 14.5.13 PUBLIC RECORDS: In accordance with Sec. 1 19.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described herein. Upon request from Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. If the Contractor fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties pursuant to Sec. 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village, If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 LORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC AIA Document A133- — 2019. Copyright @ 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The -Amencan Institute of �n ln �,Architects," -AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced ! by AIR software at 10°30:39 ET on 11104/2020 under Order No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use only, and 26 may only be used in accordance with the AIA Contract Oocumentse Terms of Service. To report copyright violations, a -mail copyright@aia.org. User Notes; (1517498218) RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmewilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469 14.5.14 GOVERNING LAW AND VENUE: This Agreement shall be governed in accordance with the laws of the State of Florida, and venue for any action enforcing the terms of this Agreement shall be Palm Beach County, Florida. 14.5.15 SEVERABILITY: If any provision or any portion thereof contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: .1 AIA Document A 133TM-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document AI33T 1-2019, Exhibit (Paragraphs deleted) A-1, Guaranteed Maximum Price Amendment for the Demolition Work, and the Exhibits thereto, to be executed by the Parties simultaneous with execution of the Agreement. The Owner and Construction Manager agree and understand that a Guaranteed Maximum Price Amendment will be executed for each portion of the Project (i.e,, Demolition Work and Community Center Work), which shall be sequentially identified as Exhibits A-1 and A-2. Once executed by the Parties, such Guaranteed Maximum Price Amendments shall be considered part of the Contract Documents and the information, Exhibits and materials associated therewith shall be incorporated into this Agreement. (Paragraphs deleted) .3 AIA Document A 133TM-2019, Exhibit B, Insurance and Bonds .4 Exhibit C, Site Plan .5 Exhibit D, Preconstruction Services Summary .6 Exhibit E, VDC Services Sun -unary (Paragraphs deleted) .7 AIA Document A20IT14-2017, General Conditions of the Contract for Construction This Agreement is entered into as of the day and year first written above. +OWNig,a4lure CONSTRUCTION ANAGER (Signature) t4npw, in Erik Himmel President - Commercial (Prinfed name and title) J (Printed name and title) it. AIA Document A13V — 2019. Copyright @ 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The `American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without f� by AIA software at 10:30:39 ET on 11/04/2020 under Order No.6082912395 which expires on 05/3112021, is not for resale, s , �licensed for done t use eocument sonly, and 27 Y may only be used in accordance with the AIA Contract Documentst Terms of Service. To report copyright violations, e-mail oopyright@aia.org. User Notes: (151749821a) AIA Document A133 M - 2019 Exhibit A-1 Guaranteed Maximum Price Amendment This Amendment dated the 12 day of V010. in the year 2020, is incorporated into the accompanying AIA Document AI33Tm-2019, Standard Form of Agreement ent is Between Owner and Construction Manager as Constructor where the basis ofpaday the Cost of the Work Plus a Fee with a Guaranteed Maximum ADDITIONS AND DELETIONS: Price dated the Of 10N_ in the year 2020 (the "Agreement") — The author of this document has (In words, indicate day, month, and year.) added information needed for its completion. The author may also for the following PROJECT: have revised the text of the original (Name and address or location) AIA standard form. An Additions and Deletions Report that notes added Village of Tequesta - Demolition of Existing Community Center ("Demolition Work" information as well s revisions to the and Construction of New Community Center ("Community Center Work" at Constitution i standard form text s available from Park the author and should be reviewed. A Seabrook Road vertical line in the left margin of this Tequesta, FL 334b9 document indicates where the author has added necessary information THE OWNER: and where the author has added to or (Name, legal status, and address) deleted from the original AIA text. This document has important legal Village of Tequesta consequences. Consultation with an 345 Tequesta Drive attorney is encouraged with respect Tequesta, FL 33469 to its completion or modification. THE CONSTRUCTION MANAGER: AIA Document A201 Tm-2017, General Conditions of the Contract (Name, legal status, and address) for Construction, is adopted in this document by reference. Do not use Hedrick Brothers Construction Co., Inc. with other general conditions unless 2200 Centrepark West Drive this document is modified. West Palm Beach, FL 33409 TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS 13ASED A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A,1.1 Guaranteed Maximum Price Pursuant to Section 3.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price for the Demolition Work for the Project (the "Demolition Work GMP"). As agreed by the Owner and Construction Manager, the Demolition Work GMP is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of the Agreement- Init. AIA Document A133- - 2019 Exhibit A. Copyright ® 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute or Architects," `AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 1 produced by AIA software at 10:39:29 ET an 11104/2020 under Order No.6082912395 which expires on M3112021, is not only, and may only be used in accordance with the AIA Contract without permission. This document was for resale, is licensed for one-time use Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.arg. User Notes: (894915704) § A.1.1.1 The Contract Sum for the Demolition Work is guaranteed by the Construction Manager not to exceed $136,336.00 , subject to additions and deductions by Change Order as provided in the Contract Documents (the "Demolition GMP"). The Demolition GNP is further described in the Demolition GMP Cost Summary attached hereto as Exhibit "A". Notwithstanding anything contained herein or the Contract Documents to the contrary, the parties agree and understand that the Demolition GMP shall serve as the Guaranteed Maximuty Price for the Demolition Work only, not the entire Project, including the Community Center Work, which will be added to this Agreement by way of an additional Guaranteed Maximum Price Amendment in the future. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. The Demolition GMP Cost Summary attached hereto as Exhibit "A" is an itemized statement of the Demolition GMP organized by trade categories, including allowances; the Construction Manager's contingency; alternates; the Construction Manager's Fee; and other items that comprise the Guaranteed Maximum Price as defined in Section 3,2.1 (Paragraphs deleted) of the Agreement, as applicable, It is understood and agreed that the Demolition GMP Cost Summary shall not be considered as a line item guarantee by Construction Manager of the costs of any individual line item in the Demolition GMP Cost Summary. Construction Manager shall have the right to move budgeted funds between line items in the Demolition GMP Cost Summary to offset shortfalls in any line item(s). § A.1.1.3 The Construction Manager's Fee is set forth in Section 6.1.2 of the Agreement. § A.1,1,4 The method of adjustment of the Construction Manager's Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A.1.1.5 Alternates § A.1.1.5.1 Alternates, if any, included in the Guaranteed Maximum price: Item Price N.A. N.A. § A.1.1.5.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Exhibit A-1. Upon acceptance, the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price N.A. N.A. Conditions for Acceptance N_ik § A.1,1,6 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unitprice will be applicable.) Item N.A, Units and Limitations Price per Unit ($0,00) N.A. N.A. ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2.1 The date of commencement of the Demolition Work shall be: (Check one of the following boxes.) [ ] The date of execution of this Amendment. t X ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) the Iaer of either five (5) business days after: (i) issuance of the building permits and all governmental approvals required to perform the Work, or (ii) the date to be fixed in a written notice to proceed issued by the Owner. The Parties currently anticipate the Date of Commencement of the Demolition Work to be January 5, 202I, subject to the terms hereof, as identified in the Schedule attached hereto as Exhibit "B". The Parties agree that all scheduled dates and milestones shown in the Schedule are subject to timely issuance of the building AIA Document A133' — 2019 Exhibit A. Copyright O 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The American Institute of Architects," `AIA," the AIA Logo, and `AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:39:29 ET on 11/04/2020 under Order No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use 2 only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail copyright(a3aia.org. User Notes: (894915704) permits and all governmental approvals required to perform the Work and timely receipt of all deliverables from the Architect and other Design Professionals. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. The Contract Time shall be measured from the date of commencement of the Work, § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager shall achieve Substantial Completion of the Demolition Work: (Check one of the following boxes and complete the necessary information.) [ X j Not Iater than 41 calendar days from the date of commencement of the Work. [ ] By the following date: § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date N.A. N.A. § A,2.3.3 If the Construction Manager fails to achieve Substantial Completion of the Community Center Work as provided in this Section A.2.3, Iiquidated damages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time for the Demolition Work set forth in this Amendment are based on the Contract Documents and the following: § A.3.1.1 The following Supplementary and other Conditions of the Contract: See the Assumptions and Qualifications for Demolition attached hereto as Exhibit "C". Document Title Date pages N.A. N.A. N.A. N.A. § A"3.1.2 The following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) See the Assumptions and Qualifications for Demolition attached hereto as Exhibit "C". Section Title Date Pages N-A. N.A. N.A. N.A. § A.3,1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) See the Demolition and Pollution Prevention Plan (Sheet C-1) attached hereto as Exhibit "D". Number Title I N.A. Date N.A. N.A. fi § A.3.1.4 The Sustainability Plan, if any: /In AIA Document All33" —2019 Exhibit A. Copyright C 1991, 2003 20 09, and Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documen s" are 2 registered i ademarks019 by Thenalndtmaty not e ulsed witho t permission. This doof All rights reserved. The cument was r produced by AIA softwere at 10:39:29 ET on 11/04/202D under Order No.6D82912395 which expires on 05/3112021, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail co r ht aia.org. User Notes: py 9 � (894915704) (If the Owner identified a Sustainable Objective in the Owner's Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number ofpages, and include other identifying information. The Sustainahility Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner's and Construction Manager's roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Date N.A. Pages N.A. N.A. Other identifying information: § A.3.1.5 Allowances, if any, included in the Guaranteed Maximum Price for the Demolition Work: See the Allowances for Demolition attached hereto as Exhibit " E". (Identify each allowance,) Item Price N.A. N.A. § A.3.1,6 Assumptions and clarifications, if any, upon which the Guaranteed Maximum Price for the Demolition Work is based: (Identify each assumption and clarification.) See the Assumptions and Qualifications for Demolition attached hereto as Exhibit "C". § A.3.1.7 The Guaranteed Maximum Price for the Demolition Work is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Amendment.) N.A. ARTICLE A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS § AAA The Construction Manager shall retain the consultants, contractors, design professionals, and suppliers, identified below: (List name, discipline, address, and other information.) TBD This Amendment to the Agreement entered into as Ak�flf name and title) day and year first written above. t C NSTRUCTI N MANAGER (Signature) Erik Himmel President - Construction (Printed name and title) /' , - AIA Document A1331— 2019 Exhibit A. Copyright p 1991, 2003. 2009, and 2019 by The American Institute of Architects. All rights reserved. The -American -�'```' Institute of Architects," "AIA," the AIA Logo, and `AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:39:29 ET on 11/04/2020 under order No.6082912395 which expires on 05/3112021, is not for resale, 4 1 only, and may only be used in accordance with the AIA Contract Documents® co lationsme use User Notes: p pyright vio, e-mail copyright@aia.org. is licensed for one-ti Terms of Service. To report (894915704) Exhibit A - Demolition GMP Cost Summary 0 03HEDRICK BROTHERS CONSTRUCTION TEQUESTA COMMUNITY CENTER 399 SEABROOK RD DEMO EXISTING STRUCTURE Cost Summary November 2, 2020 02 21 00 :Asbestos/Mold/Lead Abatement ALLOWANCE 02 41 00 Demolition $ 10,000 22 00 00 :Plumbing 31,800 230000 :�HVAC - ALLOWANCE 5,00C 26 00 00 !Electr[cal $ 1,500 313000 iSite Work $ 24,150 32 80 00 :;Irrigation & Landscaping (by Owner) 2,500 $ • 01 21 00 :Construction Contingency • 00 70 00 :General Conditions 03 0000 Genoral Requirements 29,792 0031 00 :Inspections, Testing 21,383 07 41 00 Permits BY Owner 007300 Builder's Risk Insurance By Owner 0061 00 !Subcontractor Default Insurance By Owner 007300 ::General Liability $ 250 OD 00 00 Construction Fee 1,640 • 8,321 cc: a w Z 111 u u w Q uj w Z) C1 LU w u LA Z O u D ry H Z O O z _O u V) V-1 Z O u LU Q Z J LL Of 4 Y M 0 ■o■= x no O a - m o' s" m 0 N N N N O N N \ \ N ! !eI p L CCO cc cD cc 0 0 ry 0 0! 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LL NJ ❑ i V1 4 C Vf C Q C C Q iA T a m v Q a vo vmi vO 0pi uO n m w 0 LO m to 0 ti ! .�•I i ! \ � l\O CQY N r-I M1 N ry N N 1!V ��-I � no'1 L t 3 H � F- � H r H m C) ' N "� N N N .i N .-I rl ri •-I T-1 N 'y ~ � N ~ = = •„e N H r-I ri r-I e-i rl .-I � !. M1 a n O W J 0 7 61 5 d c0 n N N d a (31 - -0 a b ro C G M1 n IX7 ! O100 a1 m .... F Y- F F F- Ii li .G L J 'i '�. 'C J J 7 "` N j .� 0 J J 01 J W 41 N Y r LL LL LL a 3 LL W 3' W- i F w F F- 3 3 3 ,r ?. T N 49 T? R }� } T R R a s R a R R R R R N R R T J ro Z] a N ?+ T In i' N a to ro 3 a zs o a o a ro a a ro g a a 'c v ro -° v a a v v a m a Cl 0p u7 I+1 N Irt .i 00 H Q N M Ca N M1 u'1 �-t l0 'C M Ifs M Ut 1!1 12 M 01 0 �m-I VT RS .m-I V V u5 �•1 o 0 C y� E �_ c } N E C 0 ° 0 p0p a m u in o m O W F, a3 O O ❑ Q n i s v Y M C .0 0 C J [7 m 3 a: a x o m FL Cl N R m a m O it c f'i m m a`Oi w `� '1p 9 `w +n °' F N .E c cn o E v o m °o.w t c u n y o �° a c W Tc J a 4 J s X L u cr F. t° ! Z n 2 2 a a LL LL C n n 4 vp = 4 S 5 n I*_L* 1* V If i+_L?. if..�lf i' if..L' 4 iff i if f f ._L _ .4 i __.i f ao __. .. w cr- w u +� u r w _a }, V) w O n E d A, w M/ ~ W d V s� a V ~ N © L U ° d L Z Q V/ Z _Q r0 � V e�• Z y,r O Y1 w } W Z J W d �. c p� ui p� N m O C C o � '" r` N m! C 111 N� r � •� i 4 r r r vi ci p�j C I E� a, r � a. �a v v �- z 0 Y Z �o v a W" r a m c Ea m o E o7, u o v .� u u C a a CL ro d Z n E o u `y C V aro+ i+0 cam-. .% AAr O¢ IL N v o, m Do rn m m n m N m V u) pp M o0 M COEO W as pl M 0 m p� m Gl 01 rV ry •"� W p1 p Ci u _ CCa 4 � H F- 4. r li � F-• H r-I � N N N W N N\ N rl ccO o W W a F- ro ro a a• ro �v ro� ro m ro .ic sa n�� rv� .•� m o Q C U E 3 m F cco c b C w '- a z 6 m c � a ro y 0 o m `f CL C E O 3 a u S ro Im a p m E a z; ry 5 0 a E C C c C p a E M - men Z Y D u r !� Exhibit C - Assumptions and Qualifications for Demolition ■ ■ HEDRICK ■ ■ BROTHERS ■ ■ CONSTRUCTION November 2, 2020 ASSUMPTIONS & QUALIFICATIONS TEQUESTA COMMUNITY CENTER 399 SEABROOK RD DIVISION 1 - GENERAL: 1) Our general conditions costs assumes a I month schedule from notice to proceed. 2) We assume Permits Fees by Owner. 3) We assume Governmental Fees and Utility connection fees arc by Owner. 4) We assume Builders Risk Insurance will be provided by Owner. 5) We assume all utility services are of adequate size and capacity and no off -site utility work will be required. 6) We exclude any/and all `hidden conditions'. 7) We assume Owner will be responsible for the cost of all Utilities during construction. 8) We assume Construction Testing Services will be provided by Owner. 9) For any materials supplied by the Interior Designer/Owner and installed by Hedrick Brothers/Subcontractors; the Interior Designer shall furnish a Supplied/Purchase Materials List including quantities and verify that all materials and quantities received are correct. All deliveries shall be sent to the Site Superintendent's attention. 10) We exclude after-hours work. 11) Schedule is contingent on Hedrick Brothers establishing GMP pricing approval and release of demo permit. We have assumed this scope to begin no less than 30 days prior to start of GMP construction to ensure no lapse in time between scopes. If for any reason the GMP scope cannot occur immediately following release of and completion of demo scope, HB will not be responsible for General Conditions and General Requirements costs once mobilized. I2) We have included temp fencing at the perimeter of the site, with 3 access gates. 13) We have included a construction trailer with water and electric hook up, ADA ramp, engineering and install of hurricane tie -downs. 14) We have included temporary rest rooms for jobsite personnel. 15) An allowance is defined as a sum of money, for a specific scope or items, which may increase or decrease in value, depending on the final selection of material or product. All allowances are for labor and material and do not include contractors' fee and general liability insurance, unless otherwise noted in the qualifications. 16) Working hours are figured to be Monday — Friday Sam — 3:30 pm. Overtime work is not included. 17) In event that conflicts exist between plans, plan notes and specifications, Hedrick Brothers' qualifications will prevail. DIVISION 2 - DEMOLITION 1) We have included an allowance of $10,000.00 for asbestos, lead and mold abatement. 2) We have not included any demolition costs as the site appears top be clear of any significant structures. DIVISION 22 - PLUMBING: 1) Includes an allowance of $3500 to trench and connect approximately 30' of domestic water main from existing building to point of connection assumed to be near walkway island. DIVISION 23 - HVAC: l 1) We have included an allowance of $1500 for removal of freon coolant from existing HVAC units prior to removal. Exhibit C - Assumptions and Qualifications for Demolition ■ ■ HEDRICK ■ ■ ■ BROTHERS ■ ■ CONSTRUCTION November 2, 2020 ASSUMPTIONS & QUALIFICATIONS TEQUESTA COMMUNITY CENTER 399 SEABROOK " DIVISION 23 - ELECTRIC: 1) We have included safe off of existing building and removal of existing service 2) We have included new 400A temp service and panel, and FPL coordination. 3) We have included directional boring a new conduit to connect existing feed from building to park lighting and snack bar feed near walkway island. Includes feeding existing service for park. 4) We have included safe off of parking lot lighting and removal of site poles scheduled for demo. 5) We have included hook up for construction trailer. 6) We have included running a 1 1/2" conduit from new splice box at walkway island to Dover Rd for future use. DIVISION 32 _ SITE WORK: 1) We have include an allowance of $2500 for MOT and flagman. 2) We have not assumed dewatering will be required. EXCLUSIONS 1) Removal or relocating existing incoming Fiber service. 2) Irrigation safe -off and relocation assumed by Owner, 3) Removal or relocating existing security system. 4) Off -hours or overtime. 5) Temp water hook up. Owner to have landscaper provide domestic water stub up at service main with hose bib. 6) Utilities costs. 7) We exclude Temporary Site Security Services. 8) We exclude Payment and Performance Bond. 9) We exclude Bid Bond. 10) We exclude Fire Watch. 11) We exclude mold and mildew remediation. 12) We exclude asbestos abatement. Once asbestos, lead, and rodent surveys have been completed and a scope established we will provide pricing for Owner review and approval, I3) We exclude any/and all `hidden or unforeseen conditions'. 14) Anything not specifically listed in the scope above. 14 V Exhibit E - Allowances for Demolition HEDRICK BROTHERS CC) NSTRUCTION TEQUESTA COMMUNITY CENTER399 SEABROOK RD DFlouL—= ';STING STRUCTURE Allowances November 2. 202C Allowance - asbestos, mold and lead abatement jff required] Allowance- trench and extend main from tee near meter to assumed tie in Location Hook up plumbing for canstru_ction traffer — Abote Freon from split units 30 10,000.00 7500.00 1,500.00 1,500,00 , oAIA rr� Document A1331' - 2019 Exhibit B Insurance and Bonds This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Construction Manager, dated the I; day of VJV in the year 2020 (7n words, indicate day, month and year.) for the following PROJECT: (Name and location or address) Village of Tequesta — Demolition of Existing Community Center ("Demolition Work'') and Construction of New Community Center ("Community Center Work'") at Constitution Park 399 Seabrook Road Tequesta, FL 33469 THE OWNER: (Name, legal status, and address) Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 THE CONSTRUCTION MANAGER. (Name, legal status, and address) Hedrick Brothers Construction Co., Inc., a Florida corporation 2200 Centrepark West Drive West Palm Beach, FL 33409 TABLE OF ARTICLES 8,1 GENERAL B.2 OWNER'S INSURANCE 8.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS B.4 SPECIAL TERMS AND CONDITIONS ARTICLE BA GENERAL The Owner and Construction Manager shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to ATA Document A201 Tx--2017, General Conditions of the Contract for Construction. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A201 "M-2017, General Conditions of the Contract for Construction. Article 11 of A201--2017 contains additional insurance provisions. ARTICLE 13,2 OWNER'S INSURANCE § 811 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required tinder this Article 13.2 and, upon the Construction Manager's request, provide a copy of the property insurance policy or policies required by f Section B.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. 1� Init. AIA Document A133' —2019 Exhibit S. CoPyrlyht ®2019 by The American Institute of Architects. Ai! rights reserved, The "American Institute of Architects,' AIA," the AIA Logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at t 10:41:02 ET on 11l04/2020 under Order No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, a -mail copyright@ala.org. User Notes: company or companies providing the insurance under Section B.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause cancellation, Iapse, or reduction of insurance, unless they agree otherwise in writing. § B.2.3.3Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Sections B,2.3.1 and B.2.3.1.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § 8.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an .X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the f ll point below the selected item.) [ ] § 8.2.4.1 Loss of Use, Business Interruption, and Delay in Completion insurance, to reimburse the Owner for loss of use of the Owner's property, or the inability to conduct normal operations due to a covered cause of loss. [ ] § 8.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ] § 13.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ ] § 8.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ] § 8.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ] § 8.2.4A IngresslEgress Insurance, for loss due to the necessary interruption of the insured's business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ] § 13.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including nit. AIA Document A133" —2019 Exhibit B. Copyright p 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects *"AIA,' the AIA Logo, and `AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at t 10:41:02 ET on 11/04/2020 under Order No.6082912395 which expires on 05/3112021, is not far resale, is licensed for one -trine use only, and may only be used a accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org.in 3 User Notes: construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses, § B.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) ofselected insurance.) [ § B.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ] § 13.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits ARTICLE B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS § B.3.1 General § B.3.1.1 Certificates of Insurance. The Construction Manager shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article 13.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner's written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section B.3.2.1 and Section B.3.3. I. The certificates will show the Owner as an additional insured on the Construction Manager's Commercial General Liability and excess or umbrella liability policy or policies. § 13 3.1.2 Deductibles and Self -Insured Retentions. The Construction Manager shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Construction Manager. § B.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the commercial general liability coverage to include (1) the Owner as additional insureds for claims caused in whole or in part by the Construction Manager's negligent acts or omissions during the Construction Manager's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, § B.3.2 Construction Manager's Required Insurance Coverage § B.3.2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the Jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (.lf the Construction Manager is required to maintain insurance for a duration other than the expiration of the period far correction of Work, state the duration) / �' snit. AIA DocumentA133--2419 Exhibit B. Copyrightp2019 b y The the AIA Logo, and 'AIA Contract Documents are registered trademarks and nmay�nott be used vAtho te of Architects, llPermission. This document wa s s Produced rights reserved. The 'American Institute ¢ by AIA software at 10:41:02 ET on 11/04/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in 4 accordance with the AJA Contract oocumentse Terms of service. To report copyright vIclatlons, e-mail ccpydght@aia.org. User Notes: N.A.. § B.3.2.2 Commercial General Liability § B.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than $1,000,000,00 each occurrence, $2,000,000.00 general aggregate, and $2,000,000.00 aggregate for products -completed operations hazard, providing coverage for claims including .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ,2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property; .4 bodily injury or property damage arising out of completed operations; and .5 the Construction Manager's indemnity obligations under Section 3.18 of the General Conditions. § B.3.2.2.2 The Construction Manager's Commercial General Liability policy under this Section B.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 CIaims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Construction Manager's Work arising out of the products -completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential, multi -family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § B.3,2.3 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager, with policy limits of not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage, § B.3.2.4 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section B.3.2.2 and B3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.. § B.3.2.5 Workers' Compensation at statutory limits. § B•3.2.6 Employers' Liability with policy limits not less than $500,000.00 each accident, $500,000.00 each employee, and $500,000.00 policy limit. § B,3.2.7 Intentionally Omitted. § B.3,2.8 If the Construction Manager is required to furnish professional services as part of the Work, the Construction Manager shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than $1,000,000.00 per claim and $1,000,000.00 in the aggregate. /Init. AIA Document Al33'" —2019 Exhibit B. Copyright Q 2019 by The American Insttute of Architects. the AIA Logo, and "AIA Contract Dpcuments"are registered trademarks and may not be used without rights reserved, The `American Institute of Architects,"WA," 10:41:02 ET on 11/04/2020 under Order No.6082912395 which expfres on 0513112021, is not for resale, is licensed for one-time use only, and maission. Thidocument was produced y only beAIA�usare at ed in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, a -mall copyright@aia.org. User Notes: § B.3.2.9 Intentionally Omitted. § B.3.2.10 Intentionally Omitted. § B.3.2.11 Intentionally Omitted. § B,3.2.12 Intentionally Omitted. § B.3.3 Construction Manager's Other Insurance Coverage § 8.3.3.1 Insurance selected and described in this Section B.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) Excess Liability insurance - $10,000,000.00 per occurrence; $10,000,000.00 Aggregate § B.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance with Section B.3.3.1. (Select the types of insurance the Construction Manager is required to purchase and maintain by placing an X in the box(es) next to the description(s) ofselected insurance. Where policy limits are provided, include thepolicy limit in the appropriate fill point.) ] § B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section B.2.3, which, if selected in this Section B.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section B.2.3.1.3 and Section B.2.3.3. The Construction Manager shall comply with all obligations of the Owner under Section B.2.3 except to the extent provided below. The Construction Manager shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Construction Manager's obligation to provide property insurance differs from the Owner's obligations as described under Section B.2.3, indicate such dfferences in the space below. Additionally, if a party other than the Owner will be responsible -for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below) § B.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ } per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. [ ] § B.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos -containing materials. [ ] § B.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ] § B.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Construction Manager and used on the Project, including scaffolding and other equipment. AIA DocumcntA933 " —2019 I=xhlhit 6. Copyrght @ 2019 by The American Institute of Architects. All rights reserved. The "Ameu. ripn Institute of Architects,"-AIA," the AIA Logo, and AIA Contract Documents" are registered trademarks and may not be used without _ 70:4102 ET an 111od12020 under order No.60829123g5 which expires an oS131/2021, is not for resaleis I censed ffor o�e time use only, and may only behusd nt B — t accordance with the AIA Centract Dpcuments®Terms of Service, To re ort co User Motes: P Pyn9ht violations, a rraail copyright[�aia.arg. ] § 8.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits § B.3.4 Performance Bond and Payment Bond 1f applicable, the Construction Manager shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located, as follows: (Sped type and penal sum of bonds) Type Penal Sum ($0.00) Conditional Payment Bond Performance Bond Payment and Performance Bonds shall be AIA Document A312TM, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312TM, current as of the date of this Agreement. (Paragraphs deleted) r AlA 13ocumentA133'-2019 Exhibit of Architects, ff rights reserved, The "erican Institute of Architects,' WA," Init. the AIA Logo, and'AIA Contract Do uments pare �registered trademarks a dt@2019 by Thenmay nott be used without permission. This document was produced by AIA Software at f 1 I 10:41:02 ET on 11/04/2020 under Order No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one; -time use only, and may only be used in accordance with the AIA Contract Documents®Terms of Service. To report copyright violations, e-mail copyright@aia.org. 7 User Notes. OYU IUOEUVS — 011 0 P 8 w Exhibit D - Preconstruction Services Summary Preconstruction and Virtual Design Services HB Contact: Doug Gordan Project Name: Tecluesta Community Center Project Number: 20-399-01 Project Architect: REG Architects Project Type: Municipal Project Size (Buildings & Site): N/A (demo) Scheduled Scheduled 11/16/2020 1/18/2021 Total Duration 3 wks (Estimate Deliverable #r1 npzian f)owininn--+ cnoi c—, Precon Manager 3 wks $6,400.00 5%` $960 Estimator - Level 3 3 wks $5,600.00 50% $8,400 Estimating Coordinator 3 wks $2,080,00 5% $312 Expenses Sub Total $9,6 Total Duration 3 wks (Estimate Deliverable #2) GMP Precon Manager 3 wks $6,400.00 10% $1,920 Estimator - Level 3 3 wks $5,600.00 75% $12,600 Estimating Coordinator 3 wks $2,080.00 5% $312 Exhibit E - VDC Services Summary Virtual Design and Construction Cost Breakdown HB Contact: Doug Gordon Project Name: Tequesta Community Center Project Number: 20-399-01 Project Architect: REG Architects Project Type: Municipal Project Size (Buildings & Site): N/A (demo) Schedul 11.16.2020 Schedul 1.18.2021 Preconstrcution- BIM Modeling Architecture, Structure and MEP Director of VDC 1 801 Hrs $124.00 $9,920 VDC Manager 80 Hrs $100,00 $8,000 VDC Assistant 0 Mrs $90.00 $0 VDC Coordinator 0 Hrs $89--$17,920 $0 Expenses Sub Total Preconstruction- BIM Coordination Meetings/ CLASH Meetings Director of VDC 40 Hrs $124.00 $4,960 VDC Manager VDC Assistant 40 0 Hrs Hrs $100.00 $90.00 $4,000 $0 VDC Coordinator 0 Hrs $85.00 $0 Expenses Sub Total $g 960 Construction- BIM Coordination Meetings/ CLASH Meetings Director of VDC 401 Hrs $124.00 $4,900 VDC Manager 40 Hrs $100.00 $4,000 VDC Assistant 0 Hrs $90.00 $0 VDC Coordinator 0 Hrs $85.00 $0 Expenses Sub Total 1$g 96fl Preconstruction Phase Total $27,872 Construction Phase Total csz or Project Total 1 $36,8 22 .,,*1Document A20l- 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Village of Tequesta — Demolition of Existing Community Center and Construction of ADDITIONS AND DELETIONS: New Community Center at Constitution Park The author of this document has 399 Seabrook Road added information needed for its Tequesta, FL 33469 completion, The author may also have revised the text of the original THE OWNER:. AIA standard form, An Additions and Deletions Report that notes added (Name, legal status and address) information as well as revisions to the standard form text is available from Village ofTequesta Drive the author and should be reviewed. A ecl Tequesta F to Drive vertical line in the left margin of this Tequesta FL 33469 document indicates where the author has added necessary information THE ARCHITECT: and where the author has added to or (Name, legal status and address) deleted from the original AIA text. REG Architects, Inc. This document has important legal 120 South alive Ave, Ste 210 consequences. Consultation with an West Palm Beach, FL 33401 attorney is encouraged with respect to its completion or modification, TABLE OF ARTICLES For guidance in modifying this document to include supplementary 1 GENERAL PROVISIONS conditions, see AIA Document A503TM1, Guide for Supplementary 2 OWNER Conditions. 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS A11-4 Document A201e — 2017. Copyright Q 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The ���iii��' American Institute of Architects. All rights reserved. The "American Institute of Architects," `AIA," the AIA Logo, "A201,' and `AIA Contract Documents" are registered trademarks and may not be used without permission, This document was produced by AIA software at 10:34;09 #=T on 11104/2020 under order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents'" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) 1 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES t AEA Document A2011— 2017. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," WA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11104/2020 under carder No.6082912395 which expires on 05131 /2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AJA Contract Documentse Terms of Service. To report copyright violations, a -mail copyright@aia.org. User Notes: (1850467089) it, and INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 99.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2,3.3.2,3.12.8,3.18,42.3,8.3.1,9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.I.1 Aesthetic Effect 4.2. I 3 Allowances 3.8 Applications for Payment 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.5.4,9.6.3,9.7,9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 153.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.I2.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 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, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 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, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.43, 14.2.4 Architect's Administration of the Contract 3.1.3,3.7.4, 15.2, 9.4.1, 9.5 Architect'vApprovals 2.5, 3 0i 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 73.4,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect's Interpretations 4.111, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.1.6, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 152 Architect's Relationship with Subcontractors I.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4,I1.3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Pees 3.18.1, 9.6.8, 9.10.2, I0.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1,15.1.2,15.1.3,15.2.1,15.2.5, 15.2.6.1,15.3.1,15.3.2,15.3.3,15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.13, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 AM Document A2010-2017. Copyright o01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, The "American Institute of Architects," AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not t>e used without permission. This document was produced by AIA software at 10:34:09 ET on 11/04/2020 under Order No.6082912395 which expires on 05/31/2021, Es not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: 3 (1850487089) 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, 9.10.1,9.10.3,14.1,1.3,14.2.4,15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9,10.2 Change Orders 1.1.1,3.4.2, 3.7.4,3.8.2.3,3.1I, 3,12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3,1, 9.3.1.1,9,10.3,10.3.2,11.2,11.5,12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 22.2,3.11,4.2.8,7,7.2,1,7.3.1,7.4,8.3.1,9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.39, 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, 3.3.1, 3.7.4, 7.3.9, 9.5.2, I0.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3,1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3,7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 113.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15A.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1, 9.10, 12.2, I4.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4,2, 13.5, 14.1.I, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 63.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1,6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10,5.2, 6.1 Contract Documents, Copies Furnished and Use of L5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10,3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1,1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, I0.3.2, 12.1.1, 12.1.2, 14.3.2,15.1.4.2,15.1.&1,15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3,12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 c.opyrignt uc 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963. 1966, 1970, 1976, 1987. 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "Aik' the AIA Logo, "A20V and "A!A Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11/04/2020 under Order f 11 No.6082912395 which expires on 05131 /2021, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract rI DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: 2 (1850487089) 14 Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3 , 11.3 , 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, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3,18.2, 4.2.4, 5, 9.6.2, 9.6,7, 9.10.2,1I.2,11.3,11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15. 1.3, 15.2.1 Contractor's Representations 3.2.1,3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1. 2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 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, 12.2.4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.4,12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 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, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.I, 13.4.2, 14.2.2, 14.2.4, I 5.1, 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 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1. 1, 2.1.1, 3.1.1, 3.5, 3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, IS.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.I, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, I4.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 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 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2. 1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.1S.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5. 1, 9.9.1,10.2,10.3,12.1,12.2,14.2,14.3.1,15.1.4 .,.., ".,oGf�� ..«, —cu, r. cepyngnt c 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 20 77 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 1110412020 under Order No.6082912395 which expires on 05/3112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service, To report copyright violations, e-mail copyright@aie.org. User Notes: (1850487089) Extensions of Time 3.2.4, 3.7.4, 5,23, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.I, 13A.2, 14.1.1.4, 14.1.4, 15.1.4 Direct Discussions 15.2 f (Paragraphs deleted) 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, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.I, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4,8.2.2,9.3.2,9.8.4,9.9.1,9.10.2, 10.2.5,11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1. 5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12,10, 3.13, 9.6.4, 9.9.1,10.2.2,13.1,13.3.1,13.4.2,13.5,14,15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.33, 9.6.8, 9.102, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, I5.1.2, 15.4.1.1 Limitations of Liability 3.2.2,3.5,3.12.10,3.12.10.1,3.17,3.18.1,4.2.6, 42.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3,10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 99, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.I.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.1S.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, %5.1.3, 9.10.2, 102.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12,10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4. 1, 15.4.1.1 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 AIA Document A201v-2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1270, 1976, 1987, 1997. 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, °A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 1110412020 under Order /�? 1 { No.6082912395 which expires on 05/3112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AJA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: 6 (1850487089) Alt r� 11+ Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3,12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14A.2, 15.1.3, 15.1.5, 15.1.6, I5.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2A, 3.9.2, 7, 8.2.2, 11.5, I2.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12,10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, I3.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10,3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1,8.2.2,8.3.1,9.3.2,9.5.1,9.6.4,9.9.1,9.I0.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.11, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 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 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.1 0.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.I.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychiorinated Biphenyl 10.3.1 Product Data, Definition of 3.1.2.2 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, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 AA Document A2010'-- 2017. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963. 1966, 1970, 1976. 1987, 1997, 2007 and 2017 by The American Institute of Architects. All eights reserved. The "American Institute of Architects," -AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11 10412020 under Order No.6082912395 which expires on 0513112021, Is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: 7 (1850487089) r tI Property Insurance 10.2.5, 11.2 Proposal Requirements I.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3,2.3, 3.6, 3.7, 3,12,10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13,1, 13.3, 13.4.1, 13,4,2, 13.5, 14, 15.2.8, 15,4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1,3.5,3"12.6,8.2.1,9.3.3,9.4.2,9.5.1,9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 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 1.1.2,2.4,2.5,3.5,3.7.4,3.I5.2,4.2.6,5.3,5.4,6,1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3,17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.I Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.I Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9A.2, 9,5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2,1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14,1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9,6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4,9.2,9,3,9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 1.3.2 AIA Document A2010-2017, Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970. 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11 /04/2020 under order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terns of Service. To report copyright violations, a -mail copyright@aia org. User Notes: 8 (1850487089) 1� 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, 73.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers I.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.5.4,9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and 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, 9.9.2,9.10.1,10.3.2,12.2.1,13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2,10.4,14.3.2,15.1.6,15.2.5 Time Limits 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, 5.2, 5.3, 5.4, 62.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4,10.2.8,15.1.2,15.1.3 Title to Work 9.3.2, 9.3.3 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, 9.1.2 Use of Documents 1.1.1, 1.5,2.3.6,3.12.6,5.3 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 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.I, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 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, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders I.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 AIA Document A201e — 2017. Copyright © 1911. 1915, 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967. 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10;34:09 ET on 11/04/2020 under Order No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@a aia.org, User Notes; N (1850487089) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, the Exhibits to the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form. the Contract for Construction. The Contract, including all Exhibits thereto, represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification, The Contract Documents shall not be construed to create a contractual relationship of any kind (I) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect and Contractor shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their respective duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. (Paragraphs deleted) § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give cffeo to the parties' intentions and purposes in executing the Contract. AIA Document A2018 — 2017. Copyright O 1911, 1915, 19f8, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects, the AIA Logo, "A201,' and "AIA Contract Documents" are This document was produced by AIA software at 10:34:09 ET on 11/04/2020 under Orde reg+stered trademarks and may not be used without permission. r No.6082912395 which expires on 05131f2021, is not for resale, is licensed for one use only, and may only be used in accordance with the AIA Contract documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: 10 (1850487089) § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 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 retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and 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 the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, 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 suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect's consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other parry, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic mail (email) . § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202Tt4--2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. i /Eit, AIA Document A201e-2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "Amencan Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission, This document was produced by AIR software at 10:34:09 ET on 11/04/2020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract f1 Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) § 1.9 Order of Precedence § 1.9.1 In case of conflicts between the drawings and specifications, the specifications shall govern. In any case of omissions or errors in figures, drawings or specifications, the Contractor shall promptly submit the matter to the Owner for clarification. The Owner's clarifications are final and binding on all Parties, subject to an equitable adjustment in Contract Time or Price pursuant to Articles 7 and 8 or dispute resolution in accordance with Article 15. § 1.9.2 Where figures are given, they shall be preferred to scaled dimensions. § 1.9.3 Any terms that have well-known technical or trade meanings, unless otherwise specifically defined in the Contract Documents, shall be interpreted in accordance with their well-known meanings. § 1.9.4 in case of any inconsistency, conflict or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written modifications to this Agreement; (b) this Agreement; (c) drawings (large scale governing over small scale), specifications and addenda issued prior to the execution of this Agreement; (d) approved submittals; (e) information furnished by the Owner; (f) other documents listed in this Agreement. Among categories of documents having the same order of precedence, the term or provision that includes the latest date shall control. Information identified in one Contract Document and not identified in another shall not be considered a conflict or inconsistency. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number, The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.I, the Architect does not have such authority. The teen "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. Owner (or its Lender if applicable) shall prepare and record a correct Notice of Commencement in accordance with Chapter 713, Florida Statutes. Owner further agrees that the Notice of Commencement shall not be allowed to expire and, if necessary, Owner shall amend the Notice of Commencement to extend the expiration date to ensure that it remains in effect until such time as the Contractor shall have received all payments due under the Contract. Owner shall indemnify the Contractor for any damages Contractor shall suffer due to a lapsed or expired Notice of Commencement, including attorneys' fees and court costs incurred relating to a loss of priority by the Contractor. § 2,2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and thereafter upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended and Contract Sum increased appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped, However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. �' I.ni ZZAIA Document A2010-2017. Copyright p 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and `AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11104Q020 under Order 12 1 No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract �a" Documentse Terms of Service, To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days' notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, lenders, sureties, Subcontractors and their employees, Sub -subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility Iocations 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. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Conti -actor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of 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 default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the AIA Document A20i®-2017. Copyright 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, The "American Institute of Architects," "AIA," the AfA Logo, "AM," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10.34:09 ET on 1110412020 under Order 13 No.6082912395 which expires on 05131 /2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail copyright@aia.org. User Notes: (1850487089) Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents, (Paragraph deleted) § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2,1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Before starting construction, the Contractor shall make a good faith effort to review the drawings and specifications and existing site conditions in order to identify potential problems impacting expeditious and economic construction. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by the Contractor as a request for information in such form as the Architect may require. The parties acknowledge that Contractor has no responsibility to prepare the plans and specifications, and that such design documents may be incomplete as of the date of this Contract. The Contract Time shall be extended and the Contract Sum shall be increased appropriately as a result of delays or increased costs resulting from errors, inconsistencies, lack of coordination, code errors or omissions in the design documents. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters or if Owner's Separate Contractors are responsible for performance of the Work. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall not proceed with that portion of the Work without further written instructions from the Architect and/or Owner. If the Contractor is then instructed to �t AIA Document A2019-2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997. 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,' `AIA," the AIA Loge, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11/04/2020 under Order 14 C t, No.6082912395 which expires on 05/3112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract C If Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) L^ I proceed with the required means, methods, techniques, sequences, or procedures without the Architect's and/or Owner's acceptance of alternatives proposed by the Contractor, the Architect and/or Owner shall be solely responsible for any loss or damage arising from those Architect and/or Owner required means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3A.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 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 § 3.5.1 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, subject to the terms of Section 12.2.2 hereof. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded, excluding any permits and fees required for Work by Owner or it's separate Contractor's and subject to reimbursement by Owner or as otherwise agreed by the parties. § 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 A2014D — 2017. Copyright O 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Amer can Institute of Architects. All rights reserved. The "American institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11 /0412020 under order No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Ser0ce. To report copyright violations, e-mail copyright@aia.org. User Notes: 15 (1850487089) h § 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 (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect theta and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 If applicable, the Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2-1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. Contractor's Representative, however, shall represent the Contractor, and communications given to the Contractor's Representative 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 notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner has reasonable objection to the proposed superintendent. Failure of the Owner to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed project manager or superintendent to whom the Owner has made reasonable and timely objection. The Contractor shall not change the superintendent without notification to the n1ir— .AfA Document A201e-2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, The "American Institute of Architects," `AIA," the AIA Logo, "AM," and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11/04/2020 under order No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Motes: 16 (1850487089) § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project which may be done in Contractor's discretion and without notice provided that the schedule does not exceed time limits current under the Contract Documents. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. if the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and 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 Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified rt �'+cv�--cu �.. c opyrEgnt V 7911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997. 2007 and 2017 by The Ameriean Institute of Architects. API rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11104/2020 under Order 17 l No.6082912395 which expires on 05l3112021, is not foe resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract ! Documents® Terms of Service. Te report copyright violations,. a -mail copyright(a]aia.org, User Notes: (1850487089) materials, field measurements and held construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. § 3.12.9 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 notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor, which shall be agreed to in writing by Contractor and Owner, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. (Paragraph deleted) § 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, 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, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or othp.mise altering the Work. AIA Document A20111-2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961„ 1963, 1966, 1370, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, The "American Institute of Amhitects," `AIA," the AIA Logo, "A201,' and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10.34:09 ET on 11/04/2020 under Order No.6082912395 which expires on 05/3112021, is not for resale, is licensed for one-Vme use only, and may only be used in accordance with the A!A Contract Documents® Terms of Service, To report copyright violations, e-mail copyright@aia.org, User Notes:. 18 (1850487089) § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and 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 up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and Owner's employees from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable. Such indemnification shall not include claims of, or damages resulting from the negligent acts or omissions of the Owner or its officers, directors, separate contractors, agents or employees, or for statutory violation or punitive damages, The parties mutually acknowledge that the amount of indemnity provided for herein is equal to the limits of aggregate insurance provided under this Agreement or $1 million, whichever is greater, which bears a reasonable relationship to the risk undertaken by the parties and is hereby incorporated into the bid documents or specifications, and that the requirements of §725.06, Fla. Stat. apply to this section. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18"2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall be limited to the limits of aggregate insurance provided under this Agreement or $1 million, whichever is greater, which bears a reasonable relationship to the risk undertaken by the parties and is hereby incorporated into the bid documents or specifications, and that the requirements of §725.06, Fla, Stat, apply to this section. The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect/Engineer, the Architect/Engineer's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect/Engineer, Architect/Engineer's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. IA Document A201e — 2017, Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 6 The mec Arian Institute of Architects. All rights reserved. The "American Institute OfArchitects," "AIA,' the AIA Logo, "A201," and -AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11fo4f2020 under Order 1 Documents" s" Terms which expires on Deport o2 y is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia,org. User Notes: (1850487089) § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect, Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. In the event the Architect does not have contract administration duties, or the Architect does not timely comply with his/her duties under the Contract Documents as amended, then Contractor shall be relieved of complying with any notice or conditions requiring the review, input, or certifications required by Architect. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 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 promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the 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 for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obli ations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute approval of safety AIA-_..___._ - --- •----••••-• ^�� — —1 1. wpyngn[ v 79l 7, 1915, 1918, 1925, 1937. 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects- All rights reserved, The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11 /0412020 under Order 20 No.6082912395 which expires on 05/3112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order 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 date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning technical, architectural or engineering performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable 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 Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1,2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 7 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 7-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. AIA Document A201e — 2017. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1938, 1961, 1963, 1966, 1970, 1976, 1987. 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201,` and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11/04/2020 under Order No.6082912395 which expires on 4513912021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail copyright@aia,org. User Notes: 21 (1850487089) § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. § 5.4.4 Upon termination of Contractor and/or assignment of a subcontract agreement, Contractor shall be relieved from any liability for work performed or expense incurred after the effective date of the assignment or termination. 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 term "Separate Contractors)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article IS. spa n.. " ' • �.pyrigni G t u 7 t , 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The / American Institute of Architects. All rights reserved. The "American Institute of Architects." "AIA," the AIA Logo, "A201," and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11104/2020 under Order 22 No.6082912395 which expires on 05/3112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its 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, Owner shall be responsible for the acts and omissions of its Separate Contractors, employees, representatives, and any other persons or entities performing portions of the Work for or on behalf of the Owner or its Separate Contractors and not under the control of Contractor. Contractor shall not be liable for any delays caused by Owner's Separate Contractors. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles I0, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of patent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall not constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work and Contractor shall not be liable if it fails to discover or identify any such apparent discrepancies or defects. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not patent. § 6.2.3 The Contractor shalt 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 that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. AIA oocument A20i®— 2017. Copyright m 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963 1966 1970,197, American Institute of Architects, Ail rights reserved. The "American Institute of Architects," "AIA," the AIA Logc, 'A201 ei" a 9d A A Contra ct I]ocumer stare registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11/0412020 under Order 23 No.6082912395 which expires on 05/31 /2021, is not for resale, is licensed for ore -time use only, and may only be used in accordance with the AIA Contract Documents°' Terms of Service. To report copyright violations, e-mail copyright@aia.org, User Notes: (1850487089) § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect or Contractor and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by t11e Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. Notwithstanding anything contained in the Contract Documents to the contrary, the Parties agree that a Construction Change Directive shall only be used for a change in the Work that does not exceed a value of $5,000.00, as reasonably determined by the mutual agreement of Owner and Contractor, and Contractor shall not be obligated to perform the work directed in any Construction Change Directive above such amount. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and Profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. ----•••- -� vuNy'rynrvW IdI1, 11J19, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Arch itects,"'AIA," the AIA Logo, "A201," and "AIA Contract [Documents' are registered trademarks and may not be used wibout permission. This document was produced by AIA software at 10:34:09 ET on 11/0412020 under Order 24 No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documr ntsQ1 Terms of Service. To report copyright violations, e-mait copyright@ata.org. User Notes: (1850487089) § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time, which shall be mutually agreed upon by Owner, Contractor and Architect. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the .Architect and shall not proceed to implement the change in the Work. 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 comtnencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date established in §9.8.1. § 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. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time, subject to adjustment as set forth in the Contract Documents. nit. Ameri AIA Document A201e-2017. Copyright © 1911, 1915, 1918, 1925, 1937 1951 1958, 1961, 1963, 1966, 1970, 197fi, 1987, 1997, 2007 and 2017 by The can Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AEA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 1110412020 under Order 25 No.6082912395 which expires on 05/3112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AlA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copydght@ala.org. User Notes: (1850487089) § 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 (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor, including, but not limited to Owner's or Architect's failure to make timely decisions regarding the Project (e.g., decisions regarding design or change orders for the Project); (2) by changes ordered in the Work; (3) by labor disputes, force majeure events, epidemics or pandemics (including, but not limited to, COVID-19), acts of God, governmental orders/requirements or state of emergency, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay, Contractor shall not be liable for any delay or damages associated with the items discussed herein, including, but not limited to, liquidated damages, and Contractor shall be entitled to an equitable adjustment in the Contract Time, extended General Conditions expended by the Contractor and increased costs reasonably incurred by the Contractor during any agreed upon extensions of the Contract time. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article I5. § 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 § 9.1"1 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. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect or Owner before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect or Owner and supported by such data to substantiate its accuracy as the Architect or Owner may require, and unless objected to by the Architect or Owner, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment as required in the Contract Documents, such as copies of requisitions, and releases and waivers of liens from first tier Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.1.3 Notwithstanding anything contained herein to the contrary, with each interim Application for Payment, the Contractor and all Subcontractors that performed Work for which payment is sought in the Application for Payment It IA Document A20111— 2017. Copyright 9 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11 /04/2020 under Order 26 f �f No.6082912395 which expires on 0513112021, is not for resale, is licensed for one time use only, and may only be used in accordance with the AIA Contract /7 roc montsO Terms of service. To report copyright violations, e-mail copyright@,qia.org. Notes: \ \ {1850487089� shall submit a waiver and release of lien upon progress payment. Waivers and releases of lien shall not be required from Subcontractors for which payment is not sought in the Application for Payment. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a Location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for 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, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the foil amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole 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 in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; ,2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for Iabor, materials or equipment; ,4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; ..��� • —�W r. uepyngni v ian i, 191b, 1918, 1925, 1937, 1951. 1958. 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The erican Institute of Architects. All rights reserved. The "American Institute of Architects,' "AIA," the AIA Logo, "A201,' and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11104/2020 under Order 27 No.6C82912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documanrs® Te=s of Service. To report copyright violations, e-mail copytighl@aia.org. User Notes: (1850487089) .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5,1.3, the Owner may, after Contractor fails to furnish written evidence in accordance with Section 9.6.4, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shaII reflect such payment on its next Application 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. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 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 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 and suppliers 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 or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by 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, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. (Paragraph deleted) § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' 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 - - cu - I. +..opyngnt - 1911, 1916. 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The merican Institute of Architects. All rights reserved. The "American $nstitute of Architects," "AIA," the AtA logo, "A201," and "AlA Contract Documes" are registered trademarks and may not be used without permisskon. This document was produced by AIA software at 10:34:09 ET on i 110412020 under Order 213 nt No.6082912395 which expires on 05l3112021, is not for resale, is licensed for one use only, and may only be used in accordance with the AIA Contract tocu" an&40 rears of Sor ic®. To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete, If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 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; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and 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 the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the 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 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 detennined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor's 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. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and A — cu 11. r,opyrignt io l yl1, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1966, 1970, 1976. 1987, 1997, 2007 and 2017 by The Amerfcan Institute of Architects. All rights reserved. The "American institute of Architects," "A1A," the AIA Logo, "A201," and "AIA Contract Oo0U nent5' are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 1110412020 under Order 29 No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsOTerms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes;: (1850487089) on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Cantractor 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 (l) 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 or will be promptly made upon receipt of final payment from Owner, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no 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, (5) documentation of any special warranties as required in the Contract Documents, such as manufacturers' warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens from first tier Subcontractors and suppliers (conditional releases and waivers to be initially provided and unconditional waivers provided upon receipt of final payment), claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner or by law. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may famish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all reasonable payments that the Owner has made in discharging the lien, claim, security interest, or encumbrance, 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 fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the 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; •3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of payment related claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. / tt. AIA Document A2010— 2017. Copyright O 1911, 1915, 1918, 1925. 1937, 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Am n Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents' are stered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11104/2020 under Order 30 No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Docum®n1s417erms of Service. To report copyright violations, e-mail copyrigh€@aia.org. User Notes: (1850487089) § 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 implement, 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 the owners and users of adjacent sites and utilities of the safeguards. § 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 Ioss 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 I0.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10"2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the 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 and Substances § 10.3.1 Except for unforeseen or unknown site conditions, the Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. 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 notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will 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 It. IA Document A201" — 2017. Copyright © 1911, 1915, f 918, 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects." "AIA," the AI'A Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 1110412020 under Order I L No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in cordance with the A acIA Contract T Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) 31 rt. Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall defend, indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the parry seeking indemnity. § 10.3A The Owner shall not be responsible under this Section 10.3 for hazardous 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 hazardous 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. Nothing in this paragraph shall be construed to make the Contractor responsible for pre-existing hazardous materials found to be existing on the site. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the wner shall reimburse the Contractor for all cost and expense thereby incurred. Contract Documents, the O § 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 Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 If applicable, the Contractor shall provide surety bonds of the types, for such penal suns, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished, § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the Iapse in coverage has been cured by the �^ "-���"`�"• �W —��, r• upyrignito -i91 i, T91b, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," -AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 1110412020 under Order 32 No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract 17ocumentse Terms of Service. To report copyright violations, a -marl copyright@aia.org. User Notes; (1850487089) Procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage, § 11.2 Owner's Insurance § 11.2..1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents, The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted, In the event the Owner fails to procure coverage, the Owner waives ail rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner, The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (I) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance, § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance MA Document A201®-2017. Copyright © 1911 1915 191 8, 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Arch itects," 'AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11/0412020 under Order 33 Ivor No.6082912395 which expires on 051310021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DDrumentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that Purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 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 shalI be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor's expense unless the condition was caused by the Owner or a Separate Contractor, in which event the Owner shall be responsible for payment of such costs. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before 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. Notwithstanding anything contained herein to the contrary, the Owner shall prepare and provide to Contractor a single punch list within ten (10) days from the date Architect issues the Certificate of Substantial Completion. § 12.2.2 After Substantial Completion g 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial. Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terins of any 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 notice from the Owner to do so, finless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor E . Ar ocumentA20i®-2017. Copyrightp 1911, 1915, 1918, 1925, 1937. 1951, 1958, 1961, 1983, 1966, 1970, 1978, 1987 1997 2 merican Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201,"and "AIA Conga t t]o07 oumeni2017 sY are registered tract ern and may not be used without permission, This sbt- - nt was produced by A(A software at 10 34:09 2T on 11104/2020 under Order 34 Na.5082912395 which expires on o5131/202- is not far resale, Is licensed far one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms o€ Saty! To report copyright violations, a -mail copyrightQaia.org. User Notes: (1850487089) an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2, § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner, § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the laws of the State of Florida to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action maybe instituted. Venue shall be in the Court of competent jurisdiction in Palm. Beach County, Florida. OWNER AND CONTRACTOR HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM BASED UPON THE CONTRACT DOCUMENTS, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS ''WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment provided that such consents are acceptable to Contractor. r AIA Document A201®— 2417. Copyright C�J 1917, 1915, 1918, 1925, 1937, 1951, 1958, 7967, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The snit. American Institute or Architects. All rights reserved. The "American Institute of Architects," "AIA.," the AIA Logo, "A201," and `AiA Contract 6ocuments" are registered trademarks and may nct he used without permission, This document was produced by AIA software at 10:34:09 ET on 11104l2020 under Order l� No.6082912395 which expires on 05I31 f2021, is not for resale, is licensed for one-time use. only, and may only be used in accordance with the AIR Contract aocuments� Terms of Service. To report copyright violaficns, a -matt coayright�aia.arg. User Notes: (1850487089) 35 § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 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 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the Portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect's services and expenses, shall be at the Contractor's expense. § 13.4.4 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. § 13.4.5 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. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: "1 issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; !R. ALA Document A201e-2017, Copyright Q 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997. 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,"'AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registar26 trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11l0412020 under Order , 6 Uoc 1 g N .gomenadsts6 Terzsss width expires art 0&31/2021, is not for resale, z licensed for one use aniy, and may only be used in accordance with the AIA Contract urms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1850487089) .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section I4.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14,1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, ten-ninate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, aSub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work 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' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 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 or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers, provided the Owner has fulfilled its payment obligations under the Contract Documents; •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 reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner 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' notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor, provided that Owner has made payment to Contractor for such materials, equipment, tools, and construction equipment and machinery; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine, it. A ocument A201®— 2017. Copyright OO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 196e. 1970, 1976, 1987, 1997, 2007 and 2017 by The merican Institute of Architects. All rights reserved. The "American Institute of Architects," 'AIA." the AIA Logo, "A201," and "AIA Contract. Documents- are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11104/2020 under Order 37 ! �l No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes; (1850487089) § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent "1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause 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 notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14A"3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts, costs of approved deposits paid by Contractor, demobilization costs and attorneys' fees; and 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, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract, including, but not limited to, Owner's imposition of liquidated damages in accordance with the Contract Documents, if applicable. The term "Claim" does not include those changes that are governed by Articles 7 and 8 hereof. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party with a copy sent to the Architect. Claims by either party under this Section 15.1.3.1 shall 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. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim of less than $20,000.00, 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 provided that Owner continues to make payments in accordance with the Contract Documents. Notwithstanding anything contained herein or the Agreement to the contrary, the Parties agree that Contractor shall not be obligated to nit. IA Document A2019— 2017. Copyright© 1911, 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987, 1997. 2007 and 2017 by The Amercan institute Of Architects. AH rights reserved. The "American Institute of Architects.—AJA," the AIA Logo, 'A201," and "AIA Contract Documents" are i registered trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11 /04/2020 under Order 38 NoA082912395 which expires an 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract oocuments6 Terms of Service. To report copyright violations, a -mail copyright@aia.org. User Notes: (1850487089) continue working under any circumstances and a good faith dispute exists regarding suif Owner withholds a payment greater than $20,000.00 from Contractor ch monies withheld. § 15.1.4.2 The Contract Sum and Contract Time shall be equitably adjusted as mutually determined by Owner and Contractor, subject to the right of either party to proceed in accordance with this Article 15, The Architect will issue Certificates for Payment in accordance with the decision of Owner and Contractor. § 15.1,5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section I0.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes, but is not limited to: .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either patty's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Direct Discussions § 15.2.1 It the Parties cannot reach resolution on a matter relating to or arising out of this Agreement, the Parties shall endeavor to reach resolution through good faith direct discussions between the Parties' representatives, who shall possess the necessary authority to resolve such matter and who will record the date of first discussions. If the Parties' representatives are not able to resolve such matter within five (5) Business Days from the date of first discussion, the Parties' representatives shall immediately inform senior executives of the Parties in writing that a resolution could not be reached. Upon receipt of such notice, the senior executives of the Parties shall meet within five (5) Business Days to endeavor to reach resolution. If the dispute remains unresolved after fifteen (15) Days from the date of first discussion, the Parties shall submit such matter to mediation in accordance with Article 15.3 hereof. (Paragraphs deleted) § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim_ If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15,2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. DawmentA201e-2017. copyright© 1911. 1915, 1918, 1925, 1937, 1951, 1958 1961 1 In An�can institute of Arch t me AN rights reserved. The `American Institute of Arcs, S," -AIA,"�the AIA 63. Logo, 'A201, and ?AIA Contract 6 cumentsy are TegVared ndeMarkS and Tray not be used without permission. This document was produced by AIA software at 10:34:09 ET on 1110412020 under Order No.6082912395 which expires on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract �f c+� %w ,4sM rsrms ofsarv�ne. To report copyright violations, e-mail copyrght@aia.org. User Notes: (1850487089) 39 § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and IS.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. Mediation shall be governed by Chapter 44 of the Florida Statutes. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties selection of the arbitrator(s) and agree upon a schedule for l or court order. If an arbitration is stayed pursuant to this Section 15,3.2, the parties may nonetheless proceed to the ater proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ('Paragraphs deleted) Doarnent A201®-2017_ Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The nit• Ar—ov ' Jr tihjte ofArdileeft.Alrights reserved. The "American tnstitute of Arehfteas; "AIA," the AIA Logo, "A201, and "AIA Contract Documents" are regw=_�_ trademarks and may not be used without permission. This document was produced by AIA software at 10:34:09 ET on 11 /04/2020 under Order 40 l No.6082912395 which ernes on 0513112021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract aoc Terms orservioe. To rePM eopyright violations, e-mail copyrtght@aia.org. User Notes: (1850487089) ■ ■ HEDRICK ■ BROTHERS ■ ■ CON5TRuc 7, ;cx January 29.2021 Mr. Jeremy Allen Village of Tequesta 345 Tequesta Drive Tequesta. FL 33469 RE: 3" Seabrook Road - Village of Tequesta Community Center at Constitution Park Dear Mr. Allen: This letter serves to confirm the intent of the Village of Tequesta ("Tequesta) to enter into a standard ALA A133 Guaranteed Maximum Price Amendment (the "GMP Amendment") for construction of the New Village of Tequesta Community Center (the "Project"), subject to Tequesta's approval of the Guaranteed Maximum Price for the Project. Upon execution, the GMP Amendment will amend the AIA A133 Agreement executed by Tequesta and Hedrick Brothers Construction Co., Inc. ("Hedrick") on November 12, 2020 and the terms of such GMP Amendment will be incorporated into such Agreement. By signing below, Tequesta agrees that Hedrick is authorized to issue and enter into letters of intent with various subcontractors and vendors for the Project in an effort to secure pricing from such subcontractors and vendors for the Project. Should you have any questions, please do not hesitate to contact me. Respectfully, Doug GoordIn r Hedrick Brothers Construction Co., Inc. ACCEPTED: � I Signature: Name & "fitl . eremy Village Manager Dated: ---U--�I�l \ - - -- HEDRICK BROTHERS CONSTRUCTION CO.. BVC. 1 2200 CENTREPARK WEST DRIVE I WEST PALM BEACH. FL 33409 1 CGC013137 1 S61-6094WO ■ ■ -VAIA Document A133 — 2019 Exhibit A-2 Guaranteed Maximum Price Amendment This Amendment dated the _ day of in the year 2021 , is incorporated into the accompanying AIA Document A 133Tm.--2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the 12th day of November in the year 2020. as amended by that certain Guaranteed Maximum Price Amendment for the Demolition Work dated the 12' day of November in the year 2020 (hereinafter collectively referred to as the "Agreement") (In words, indicate dav, month, and vear.) for the following PROJECT: (Name and address or location) Village of Tequesta — Demolition of Existing Community Center ("Demolition Work") and Construction of New Community Center and Site Improvements at Constitution Park/Dover Road Parking ("Community Center Work") at Constitution Park 399 Seabrook Road Tequesta, FL 33469 THE OWNER: (Name. legal status, and address) Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 THE CONSTRUCTION MANAGER: (Name, legal status, and address) Hedrick Brothers Construction Co., Inc. 2200 Centrepark West Drive West Palm Beach, FL 33409 TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Section 3.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price for the Community Center Work for the Project. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price for the Community Center Work is an amount that the Contract Sum shall not exceed, subject to the terms of the Agreement. The Contract Sum ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201'*1-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document A133" - 2019 Exhibit A. Copyright C 1991, 2003. 2009. and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects.''AIA.' the AIA Logo. and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:56:12 ET on 02/03/2021 under Order No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use / only, and may only be used in accordance with the AIA Contract Documentse Terns of Service To report copyright violations, e-mail copyright@aia.org. User Notes: (792031824) consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of the Agreement. § A.1.1.1 The Contract Sum for the Community Center Work is guaranteed by the Construction Manager not to exceed $5,801,377.00 , subject to additions and deductions by Change Order as provided in the Contract Documents (the "Community Center GMP"). The Community Center GNP is further described in the Community Center GMP Cost Summary attached hereto as Exhibit "A". Notwithstanding anything contained herein or the Contract Documents to the contrary, the Parties agree and understand that the Community Center GMP shall serve as the Guaranteed Maximum Price for the Community Center Work only, not the entire Project, including the Demolition Work, which was previously added to the Agreement by way of a separate Guaranteed Maximum Price Amendment (Exhibit A-1) dated November 12, 2020. § A.1.1.2 itemized Statement of the Guaranteed Maximum Price. The Community Center GMP Cost Summary attached hereto as Exhibit "A" is an itemized statement of the Community Center GMP organized by trade categories, including allowances; the Construction Manager's contingency; alternates; the Construction Manager's Fee; and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 (Paragraphs deleted) of the Agreement, as applicable. It is understood and agreed that the Community Center GMP Cost Summary shall not be considered as a line -item guarantee by Construction Manager of the costs of any individual line item in the Community Center GMP Cost Summary. Construction Manager shall have the right to move budgeted funds between line items in the Community Center GMT Cost Summary to offset shortfalls in any line item(s). § A.1.1.3 The Construction Manager's Fee is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager's Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A.1.1.5 Alternates § A.1.1.5.1 Alternates, if any, included in the Guaranteed Maximum Price: See the Community Center Alternates attached hereto as Exhibit "B". Item Price See Exhibit "B" attached hereto. See Exhibit "B" attached hereto. § A.1.1.5.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Exhibit A-2. Upon acceptance, the Owner shall issue a Modification to the Agreement. See the Community Center Alternates attached hereto as Exhibit "B". (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance See Exhibit "B" attached hereto. See Exhibit "B" attached See Exhibit "B" attached hereto. hereto. § A.1.1.6 Unit prices, if any: (Identify the item and state the unitprice and quantity limitations, if'any, to which the unitprice will be applicable.) Item N.A. Units and Limitations Price per Unit ($0.00) A N.A. ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A21 The date of commencement of the Community Center Work shall be. (Check one of the following boxes.) [ ) The date of execution of this Amendment. [ X ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) init AIA Document A133" — 2019 Exhibit A. Copyright ® 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The'Amenean Institute of Architects.- 'AIA,- the AIA Logo, and "ALA Contract Documents' are registered trademarks and may not be used without permission. This document was 2 produced by AIA software at 15:56:12 ET on 02/03/2021 under Order No.6082912395 which expires on 0513l/2021, is not for resale, is licensed for one-time use t only, and may only be used in accordance with the AIA Contract Documents° Terms of Service To report copyright violations, e-mail copyright@aia.org. User Notes: (792031824) the later of either five (5) business days after: (i) issuance of the building permits and all governmental approvals required to perform the Work, or (ii) the date to be fixed in a written notice to proceed issued by the Owner. The Parties agree that all scheduled dates and milestones shown in the Community Center Project Schedule attached hereto as Exhibit "C" are subject to timely issuance of the building permits and all governmental approvals required to perform the Work and timely receipt of all deliverables from the Architect and other Design Professionals. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. The Contract Time shall be measured from the date of commencement of the Work. § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager shall achieve Substantial Completion of the Community Center Work: (Check one of the following boxes and complete the necessary information.) [ X ] Not later than 272 calendar days from the date of commencement of the Work, as identified in the Community Center Project Schedule attached hereto as Exhibit "C". [ ] By the following date: § A 131 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date N.A. N.A. § A.2.3.3 If the Construction Manager fails to achieve Substantial Completion of the Community Center Work as provided in this Section A.2.3, liquidated damages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time for the Community Center Work set forth in this Amendment are based on the Contract Documents and the following: § A.3.1.1 The following Supplementary and other Conditions of the Contract: See the Community Center Assumptions and Qualifications attached hereto as Exhibit "D". Document Title N.A. N.A. Date Pages N.A. N.A. § A.3.1.2 The following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) See the Community Center Assumptions and Qualifications attached hereto as Exhibit "D". Section Title Date Pages N.A. N.A. N.A. N.A. § A.3.1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) See the Community Center Drawing Log attached hereto as Exhibit "E". Init. AIA Document A133'� — 2019 Exhibit A. Copyright ® 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects,' 'ALA.' the ALA Logo, and 'ALA Contract Documents' am registered trademarks and may not be used without permission This document was 3 produced by AIA software at 15:56:12 ET on 02/03/2021 under Order No.6082912395 which expires on 05131/2021, is not for resale, is licensed for onetime use only, and may only be used in accordance with the AIA Contract Documentse Terns of Service To report copyright violations, e-mail copynght@aia.org. User Notes: (792031824) �.J Number Title Date N.A. N.A. N.A. § A.3.1.4 The Sustainability Plan, if any: (If the Owner identified a Sustainable Objective in the Owner's Criteria, identify the document or documents that comprise the Sustainabithy Plan by title, date and number of pages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective: the targeted Sustainable Measures, - implementation strategies selected to achieve the Sustainable Measures; the Owner's and Construction Manager's roles and responsibilities associated with achieving the Sustainable Measures; the speck details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Tide N.A. Other identifying information: Date Pages N.A. N.A. § A.3.1.5 Allowances, if any, included in the Guaranteed Maximum Price for the Community Center Work: See the Community Center Allowances attached hereto as Exhibit " F". (Identify each allowance.) item Price N.A. N.A. § A.3.1.6 Assumptions and clarifications, if any, upon which the Guaranteed Maximum Price for the Community Center Work is based: (Identify each assumption and clarification.) See the Community Center Assumptions and Qualifications attached hereto as Exhibit "D". § A.3.1.7 The Guaranteed Maximum Price for the Community Center Work is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Amendment.) See the Community Center Assumptions and Qualifications attached hereto as Exhibit "D" and Construction Manager's Labor Rates attached hereto as Exhibit "G". ARTICLE A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS § A.4.1 The Con;truction Manager shall retain the consultants, contractors, design professionals, and suppliers, identified below: (List name, discipline, address, and other information.) TBD This Amendment to the Agreement entered into as of the day and year first written above. (Signature CONSTRUCTION MANAGER (Signature) �.i£� ___ III,u>; Erik Himi Himmel President -Constructon (Printed name and Ole) (Printed name and title) -- - - - Init. Ins """�""-, -1" - auis rmnrorr A. copynght ® 1991. 2003, 2009. and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects.-AIA,'the AIA Logo. and 'ALA Contract Documents' are registered trademarks and may not be used without permission This document was produced by AIA software at 15:56:12 ET on 02/03/2021 under Order No.6082912395 which expires on 05/31/2021, is not for resale, is licensed for one-time use 4 t only, and may only be used in accordance with the AIA Contract Documentse Terns of Service. To report copyright violations, a mail co User Notes: PPY^ght@aia.org. (792031824) Exhibit A - Community Center GMP Cost Summary ■ ■ HEDRICK ■ ■ ■ BROTHERS ■ ■ CONSTRUCTION CD Cost Summary February 2 2021 02 21 00 Survey $ 11,705 02 41 00 :Demolition - In Phase 1 $ 03 30 00 :Concrete $ 384,767 04 22 00 :Concrete Masonry Unit (IN 03 30 00) $ - 05 1000 :Metals ; 606,219 05 44 00 :Light Gauge Metal $ 06 10 00 :Rough Carpentry : $ 231,281 06 30 00 :Finish Carpentry : $ 06 50 00 'Cabinets and Casework $ 335 065100 :Solid Surface Countertops in 06 50 00 : $ 071700 :Waterproofing : $ 45.108 072100 :Thermal Insulation S 07 50 00 :Roofing $ 333840 07 92 00 :Joint Sealants 3 08 14 00 :Doors, Frames 8 Hardware $ 22,661 08 33 00 :OH Doors $ 08 88 00 :Glass Windows 8 Doors $ 4,950 380,934 08 90 00 :Automatic Sliding Doors - in 08 88 00 :'• $ 08 95 00 ;Louvers $ 39.800 09 24 00 :Stucco $ 89,229 09 29 00 :Gypsum Board and Insulation ` $ 159,198 09 40 00 :Epoxy and Polished Concrete Flooring $ 22.180 09 60 00 ;Flooring $ 35,563 09 70 00 :Paint : $ 62.100 10 00 00 :Specialties $ 27,115 10 53 00 :Signage - ALLOWANCE $ 28,443 10 60 00 ;Operable Partitions $ 35,900 11 30 00 ;Appliances $ 8,759 11 40 00 :Green Wallscapes - ALLOWANCE $ 15,841 12 21 00 : Window Treatment $ 9,179 12 30 00 :Gymnasium Equipment an Athletic Flooring $ ' 149,002 2113 00 ;Fire Protection 22 00 DO ;Plumbing $ 65.000 : $ 149,195 23 00 00 :HVAC : $ 282,185 26 00 00 Electrical - Includes Fire Alarm $ 825,030 28 30 00 :Low Voltage - Security and Audio Video. - IN 26 00 00 : $ 31 30 00 :Site Work : $ 378.659 31 33 00 :Site Furniture and PVC Fencing : $ 53.244 32 80 00 :Landscaping and Irrigation $ 102004 Exhibit A - Community Center GMP Cost Summa O1 21 00 €:Construction Contingency $ 120,000 Alternate No. 1 SUBTOTALr. :Deduct: Altemate OH Door Manufacturer. $ (1,916): Alternate No. 2 :Deduct: Eurowall Folding Door in Lieu of Nanawall Door. $ (6,000): :Deduct: Petersen Standing Seam Roof in Lieu of Englert 1300 Standing •' Alternate No. 3 :Seam Roof. $ (45,605); :Add: Allowance for renovations to existing park pathway (milling, Alternate No. 4 '•.asphalt and header curbing). $ 110,286 ;Add: Allowance to provide colored sealcoat system over existing and Alternate No. 5 :new park asphalt pathway. : $ 50,787 : :Add: Allowance to repair sod due to renovations to existing Park Alternate No. 6 :Pathway. : $ 10,000 :Add: Allowance to relocate two (2) existing site lighting poles and Alternate No. 7 :provide two (2) new light fixtures. $ 10,000 Alternate No. 8 :Deduct: Kid's Slide in Lieu of Existing Floor Plan. : $ (3.676): 00 70 00 :General Conditions $ 350,949 O1 0000 ;General Requirements : $ 76,882 0031 00 :Inspections. Testing By Owner O1 41 00 Permits By Owner 00 73 00 :Builders Risk Insurance By Owner 0061 00 :Subcontractor Default Insurance $ 71,682 00 73 00 :General Liability $ 72,114 00 00 00 :Payment and Performance Bond $ 40.850 00 00 00 :Sales Tax Savings (Target) : $ (38,847) : 00 00 00 :Construction Fee $ 356,446 Exhibit A - Community Center GMP Cost Summary ¢' s Tequesta Community Center - Phase 2 GMP e uGeneral Y g t3 Corm uctk. Ac r. .--.•••l SMI FMaK Dya MMka Months % Tlme Rermrtu Conetruetlon o212421 121I2/21 $01.00 43.00 10 Clew out UMY21 12=1 Cand kww General Req. - FMd ORke ttenwal ReQ- Tom DaeAptlon ph, U UnK Cast Corot. Coral. Won Cost Genwo Una Cold General FWd Leber -Carmbttotbn Project Exi—v" 4301 M. Wks Is As wks wks wM wi. wks wkr wks Ir wks wks eB roes as roes rtga Is moo mor roes Is I9 nm Is roes Ia ea moo S 420 $ 16,Oe0 $ 2.520 f 108.360 $ $ $ $ $ $ _ f 3.800 $ 163.400 $ $ 3 L $ f g f - S 1.040 f 44,720 s s $ 312 f U,{16 S 70 f 2,1M3 $ I.500 f f 1,500 f 12,000 g L $ L q _ $ $ 250 f 250 g 50 f 502 $ 25 f 2S1 S Sa f 502 $ $ S fSoo S f g q g - q - S 250 f 250 $ 300 s 2,700 Pro ea Mana m 4301 Estnna0n Con 1.0 f 106,300 SOX scant Pivpct Manager No. 1 4301 f scant P Man r No. 2 0.0 $ Pro ect Su ntendant 43.0 f . Su nt"wn No. 1 43.0 f /63.{00 100% t. SuPenntendent No. 2 001 f Foremen 43 0 $ MEP G—onaor a3.0 f P Coordinator 43.0 S 91M M.n 1.0 i 41,720 50% " 43.0 L Ind in Phase 1 Sofa SUP-- FI&M ORke - Contractor Feld Olfca Set Up, Rengval 4 ..0 0.0 f 13,t18 3,416 15X f 6.954 f 3% Included in Phase 1 Feld Office B.0 Carmad Telephone Lines 0.0 L 12,000 ebphone 0.0 L - CefWar TeMptxxm 10.6 f f Fumlaaa 1 0 In reoor ones OOke Suppler /0.0 f 250 OnMung Watar 10.0 f 502 L 251 Janitor Suppl s 10.0 Computers 0 0 f 502 nn[en 1 L Copy Machine 0,01 50 f Fax Martine 0.0 Alarm System 0.0 S In la,ton Or6o Equip. 0.0 L Storage T-ion Set UP i Removal 1.0 L Storage Tapers 9.0 f 250 f 2,700 Exhibit A - Community Center GMP Cost Summary Twnponry umm" emp. Elettnol Same 0.0 IS 3,010 mo S S moe sl $ la $ S S - m- 8 300 mos S Is S mos mo S S S by elect sub amp. Elecncal - Cwst Phaae 0.0 emp. Elettrrd - Operate Phase 0.0 S - S by owner mp Wi enng & L.ghtng 0.0 S S by owner emporary Wes' Sarno 0.0 S $ by elect sub Temporary Water 0 $ S by owner Temporary Tabb 10.0 f t Temporary Holling Tanks 0.0 f 3.010 f 3,010 Temporary Venblabw 0.0 f S Temporary Cooing 0.0 S f Temporary Heat 0,0 S S - S S EgWpnant S Small Tools 10.0 mos S 3.512 i 350 0.0 �s S 7.512 $ 3.512 Engneenng Ins39- to f $ SKarItP S 1.000 15000 Temporary Fence I -ton � Remove 1.350. a S 77,957 5o S 9.450 emporary Fence - Galas 7.0 ee 15000 arllDorary Fence Mwun 10.05Temporary 00 f 1,500 Faro Mwork 1 0 rN M2.50OS 15000 ProtwW Flow 6 Roof Openege 00 la 0 f 5.000 Prdec0on Ewing Floor 6 Walls 0.0 Is Protecuort Servrca Ekwaror 0 0 19 f 15000 OmPorary Entlowres 0.0 Is S 500 f S Temporary La0oars 0.0 Is S. 5.000 ! f S 15000 Building Bem Ache 0 0 is S S S 15000 S8e Bamotlas 0.0 Is S _ S Frta Pronction 0.0 mo f S Frt� Ad 10.0 moor V$iso S S ng Testing 00 ea 502 f502 f f WO Removal - oumpstarsah SJ.0 wks f 33100 S 350 wks S wks S 150 s( S /9,350 S 19,350 raw Ramwal - FieW Ofbces 0 0 17300 era Genl Budbin g Cleanag 33.0 f - S - F-1 Budding Claw 14,799.0 SClaw6,450 f 6,450 S 0.50 f 7. 10 f 7.400 Exhibit A - Community Center GMP Cost Summary f icensed Surveyor 0.0 Is S 6.500 f f MP Schedule - Set Up 0.0 Ig S 5.000 S s By project Team PM Schedule - Updates 0.0 moc S 750 f S By project Teamrogmss Photos Bldg. - Ground 0.0 mos S 50 frogress Photos Bldg. - Asnal 0.0 mosS50 Sideo - Exisn CondNons 0.0 Is S 5deo g13233rug� Owner OSM Demo. 0.0 Isgal 0.0 IsDnm*'1.500 Buie Survey 00 Is S 1,000 Buie Dmwmgs 0.0 Is S 500productions of Drawings 1 0 Ig S 1S110 S 1.S00 f t,500 stage - USPS 0 0 nlos $75 S f S Postage - Fed-x 0.0 mos S 7j f Testing S Concrete Testing 001 Is S f i cry owner Steel Testing 0.0 ea Special Inspectors 0.0 Is S f i cry owner S $ f cry owner Poll� S Building Permits 0.0 Is S S f by owner Impact Fees 0.0 Is 1 f f cry owner Trailer Permits 0.0 ea S f f cry owner Off Site Permts 0.0 Is S f f cry or Trawl AutfS am 0.0 wks S 250 S S Hotel 0.0 wxs $ 250 S $ Per Diem 0.0 were S '20 f S Other 0.0 were S I f S MillerS 750 Project Sign 0 ea S 750 S 7S0 f 7S0 Temporary Hasbng 0.0 Is $ S $ emporary Parlung 0.0 Is S f s Legal Notices 0.0 ae S f f Project Record Storage 0.0 nlos S f f Lquidated Damages 0.0 Is S f f Labor Increases 0.0 Is S '�, f S f S Material, Sub G.G. Increases 0.0 Is S f S Total f 350,Sw f 1e,454 f 5e.12e 1 S 427.631 Toll ace f fee,W Tom ass n,ea real ace a afts an,ud a az.wt par mash Exhibit B - Community Center Alternates M3HEDRICK BROTHERS CONSTRUCTION Tequest= jnitv Ce ? n a s e 2 G m P Alternate Pricing (Included in Pricing) I I (DEDUCT: For one (1) Rolling Door Series LS 1222 overhead door in lieu of specified overhead door by (Overhead Door Company. 2) :DEDUCT for Eurowall Folding door in lieu of Nonawall Folding door. 3) :DEDUCT: for Petersen Pac-Clad standing seam roofing system in lieu of Englert standing seam roof :system. 4) `Add: Allowance for renovations to existing park pathway (milling, asphalt and header curbing). 5) ;Add: Allowance to provide colored sealcoat system over existing and new park asphalt pathway. 6) Add: Allowance to repair sod due to renovations to existing Park Pathway. 7) 'Add: Allowance to relocate two (2) existing site lighting poles and provide two (2) new light fixtures. 8) :Deduct: Kid's Slide in Lieu of Existing Floor Plan. A,rernate Pricing (Not Included in Pricing) I) :ADD: Allowance for 160 linear feet of 6' high mechanical screen wall. 2) ;ADD: ALLOWANCE for Pathway Solar Bollards (1,916,00) (6,000.00) (45.605.00) 110,286.00 50.787.00 10,000.00 10,000.00 (3,676.00 82,715.00 114,486.00 Exhibit B - Community Center Alternates HEDRICK BROTHERS CONSTRUCTION Tequesta Community Direct Owner Purchase Order 1) ;Structural Steel 2 ;Mechanical , I (10.045.00) 3) Electrii— ;cal ---- (6,621.00) 4) ITheExperts — -110.315.00) ! Total $ (1 1,866.00) ° W U � x Z 2 v x o 3 m O aV W ° J o a � m=o W '� � a Wa m z oS = y G s =a ;z o VI W U 6 WWo N U T V U � N w � pm < O N Q IWJ N �g � ow m « LU i 0 W .C o oZg Z 4 W N Z N O gqB I/� N �z W W a N N w< W 0 a su SN 'g'o Q — cu W Q W o 77 O O a N Z S W C O ,n Z G J 4 U Z 7 a = W W a ` W ga S O W W a W 3 7 O O N WG 2 O W, a W q s i „W9 L) a i x uxi 0 4 ° 22 _o > N 102 99 > o yW N W$ 3 m a OZ a z W o a J� a y U LL = U 7 Z yUO K Y Q O ` N = �` W° jT O In W e o o G o r .W- = O ° a W j 3 Wp W V IT u� W m 4 m ° �a W Z O x m O C 0zD 0 2 7 O a 005 w Z c3 < 0 0 W Z Z _ ia3 p< a < o 0 ` 4 °-.z a ° S m N b y Z i ✓� q �N W N yf W �N_ a� C Q aW $ z § � ga S r, 4 zO z��oma $ O > NN7y ,� 3 3x a Iallo`a m 3= Q N y Wz="'x$ W a t,NyJ V a U ..yJ K 2 O N = V N O O Q W S a W T 3 U W W Z Vad a a� W W a QQy 3d g � S pp W N i N !'1 IL s o � In W�W> tN�O W m " atQ 3 py p /�� W , L O W r 3 X a -4 i v OFZ'O-- - - - .OFX'O g i ci y7�g _ -.—�_=, : �•. —�'_. _'' 2 O JAI: � y _ I I I I ^ /%J 6. '•.. • P �.�a 1 yr In It I I I I I h - I VI '• '� C V in j{VQ���II kNWNO I _I I I i � 0 h�20 NU ti W IA - n •� -�_l t Q W NU �Vy VI Z` �C 1 �1 11 r e - IS .0t9'Z _ .a zI •1-90 - .. n n ao Q z �• _ � N W M c h e � �n M1 a R, � � a ozl r iOB97 - F� N .a9rro :.xs•o r - .,Oel'O �I - p n ,rtr'0.�1-h o O CIL A \NNQ c a .0197 a` ry V� O O lWir, i O ry C V1 xm W m ry O 2 W bi 1 J J 2 1H013H 'J000 do 770d XVW b t � Cti ti tn 1HJ13H 21000 do 7702f Xrry WOWWW� yW�R`.O j42C j U W InV - H ON/JVdS dOHJNV MO! 9 133HS NO 37n03HJ5 335 LO -r I �"i �jl i�� iill I it I iijl i I�il��llil I� ��I� I { � 0 WI �_, �W h 1H9I3H 8000 do 770d 'XVIY „0-,LZ=7 _ O ►R' H a � a z 2N� a� Z m33 CL fA i n ' awe z�nl;a dal; - •615�- -- _ ,Ss�':— V ; K la � N J I 3.2 ,- i ' -OGG'? - nor. I W a I N T a •� � IIV.. W M. - .000'? - , JDSi - 'N 2 \3 y - . 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PRODUCT EVALUATION REPORT REPORT NO.: 20-1002.02 DATE: October 2, 2020 PRODUCT CATEGORY: Doors tiltecoZaol.com FL P E. Liccate No. 44167 FL C.A.Liccase No 0006719 PRODUCT SUB -CATEGORY: Roll Up Doors PRODUCT NAME: 16'-0" MAX. WIDE 24 GAGE SLAT ROLL UP DOOR SUBMITTED BY: Xoez Import & Export, Inc. Dba. RollingDoors.com 7214 NW 78th Terrace Medley, FL 33166 1._ PURPOSE OF EVALUATION: This is a Product Evaluation Report issued by Walter A. Tillit, Jr., P.E. (System ID # 1906) to Xoez Import & Export, Inc. dba. Rolling Doors.com based on Rule Chapter No. 61G20-3, Method 1 D of the Florida Department of Business and Professional Regulation. This product is being issued an Evaluation Report as described herein and has been verified for compliance in accordance with the 2020 Seventh Edition of the Florida Building Code, and to verify that the product is for the purpose intended at least equivalent to that required by the Code. This Product Evaluation Report shall be subject to review and revision in case of a Building Code Change that may affect its limitations and conditions. NJ� F No. 44167 6355 N.W. 36th Street, Suite 305, :Miami, Florida 33166 - Phone: (.305) 871-1530 - Fax:�(`3t_r6t1'� �j�531 Exhibit B - Community Center Alternates PRODUCT EVALUATION REPORT NO. 20-1002.02 2. EVIDENCE SUBMITTED: 2.1_.__P_RODUCT EVALUATION DOCUMENT (P.E.D.): Drawing No 20-283 titled "16'-0" MAX. WIDE 24 GAGE SLAT ROLL -UP DOOR", sheets 1 thru 4 of 4, prepared by Tilteco, Inc.; signed and sealed by Walter A.Tillit, Jr., P.E.; dated 10/0112020. This drawing is an integral part of this Evaluation Report. 22 _TEST REPORTS. Large missile impact and cyclic loading under Florida TAS 201 and 203 Protocols, as per section 1626 and 1609.1.2 of the Florida Building Code. Uniform Static loads in accordance with and Protocol TAS 202. Test reports prepared by Blackwater Testing, Inc., Report No. BT-ROD-15-001 signed and sealed by Yamil Gerardo Kuri, P.E. dated November 2, 2015. Tensile Test Report No. HETI-15-T326 by Hurricane Engineering & Testing, Inc., dated November 6, 2015, signed and sealed by Rafael E. Droz-Seda, P.E. 2.3.. STRUCTURAL ENGINEER NG CALCULATIONS: On 16'-0" MAX. WIDE 24 GAGE SLAT ROLL UP DOOR for maximum anchor spacing vs. design wind load and door span based on rational and comparative analysis, and in accordance with section 1604 and 1616 of the Florida Building Code. Calculations prepared by Tilteco, Inc., dated November 18, 2015, signed and sealed by Walter A. Tillit, Jr., P.E. 3. MISSILE IMPACT RESISTA_N_CE- Large missile impact under section 1626 and 1609.1.2 of the Florida Building Code, as per Protocol TAS 201 for 9lbs, 2" x 4"; 50 ft/sec missile 4. WIND LOADS RESISTANCE: 16'-0" MAX. WIDE 24 GAGE SLAT ROLL UP DOOR has been verified to sustain wind pressures. Maximum Door Span shall be as indicated on sheet 4 of 4 of Product Evaluation Document (P.E.D.), drawing No. 20-283. Maximum Anchor Spacing shall be as indicated on sheet 4 of 4 of Product Evaluation Document (P.E.D.), drawing No. 20-283. \CEN�,cF' s No. 44167 = -= STATE �. OF Q: AL ,N�/��1I111111111j11\ Exhibit B - Community Center Alternates PRODUCT EVALUATION REP - T NO. 20-1002.02 INSTALLATION. Shall be performed strictly in accordance with the details indicated on sheets 2 and 3 of 4 of Product Evaluation Document (P.E.D.), drawing No. 20-283. 6. MATERIAL CHARACTERISTICS AND. SPECIFICATIONS: Shall be strictly in accordance with General Notes and Components indicated on sheets 1, 2 and 3 of 4 of Product Evaluation Document (P.E.D.), drawing No. 20-283. Anchor specifications shall be as indicated on sheets 1 and 4 of 4 of Product Evaluation Document (P.E.D.), drawing No. 20-283. 7. LIMITATIONS AND CONDITIONS OF USE: 7.1. Shall be strictly in compliance with General Notes No. 1, 12, 13, 14, 15 and 16, indicated on sheet 1 of 4, of Product Evaluation Document (P.E.D.), drawing No. 20-283prepared by Tilteco, Inc. and signed and sealed by Walter A. Tillit, Jr., P.E. 7.2. Product may be installed within HIGH VELOCITY HURRICANE ZONES as defined on section 1620.2 of the Florida Building Code or out of it. 7.3. Product shall only be installed into poured concrete and steel frame structures, as limited and defined on Product Evaluation Document No. 20-283. Product Evaluation Report prepared by Walter A. Tillit, Jr., P.E. (Florida License No. 44167), President of Tilteco, Inc. (Florida CA-0006719). WA-RLL D:l TILTECO ADMON RECORDS \ P. E. REPORT.201 XOEZ IMPORT g EXPORT. INCA 16--0" MAX. WIDE 24 GAGE SLAT ROLL UP DOOR \ DRWG # 20-283 \ REPORT # 20-1002.02 `�1�t111111l11/I/I// �.• CENsF No. 44167 SATE OF • 1<; f,,,1111111111,,,, I �O W pp 1 r i9 US O p WWWy� Ili •I• lel S Z ug W J1 Z v W �a �. 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Q W�yli�p yl N 4 \ 04 \ C n I p d �— W N Hai Jy � W2 ' •03 '03 -- . v� a0 �V V a 0 WOV � iu� ♦ 3 ^4NYN�C ti 002` g a,�,� Qk ._ _ � ♦ CYa ._ 2 I'I I C i ♦ — I 1 it QY u I' I i M W I S u W 6i u� II u ii 4 �f W Z in y W ti W - N 'Xq1 i W N io .000•X - %o C.) I . i I I W • � .r_. �� II OL i s�j�b`l - • a o 4AY �`^• 4 Z\� 2�4 h; W� 0 m� b„oi\m2 =9a=vi \ h� Ong ♦ . 3N � r J 1111111M111� �//// t0 a<6,• _ O p ••y Zc R - �z i 0 o = W 1 - U CL _ C7 F^ 9 wI o = LL, J - of _ f UI - Z; Q! �l \111111i �/11/I yl Z ''IIIIIII1111111111N1``1>\` 7; Z; OI, Q r S J1 J Q � 1 v �= yl YIiJ �I Z 1 X. Q =Tl O i �- N, x � - T � Q The Euro Vista Fold'm impact rated aluminum door system provides unobstructed views and seamless transitions to the outside. Euro-Wall folding doors systems can span heights up to 144". widths up to 52", can be configured as a radius or postless corner systems and can span any opening width with an unlimited number of sequential panels. Euro Vista FoldTm applications are Florida Product Approved and meet the strict Florida Building Code and has the highest dp rating of any folding door available. PANEL MINIMUM i MAXIMUM Max Panel Weight: 350 Ibs Min Panel Width: 18" Max Panel Width: 52" Min Panel Height: 32" Max Panel Height: 144" Max # of Panels: Unlimited Exhibit B - Community Center Alternates e�r n PRODUCT DATA SHEET u i ` wall ALUMINUM FOLDING DOORS 8 C C OVERVIEW DIAGRAM Interior View Ci i D i C A C D B C Exterior View E 1 F G Al r- B D C H A Multipoint Handle B Twinpoint Lever C Modified Hinge D ID Pull Handle A Multipoint F Lower Handle intermediate j Carrier B Upper Jamb G - Upper Hinge a " Carrier C - Lower Jamb H Lower Hinge Carrier D Center Wall Modifed Pivot ' Hinge E Upper Intermediate Carrier Exhibit B - Community Center Alternates n � yO �� I' PRODUCT DATA SHEET C j �s ti -A'T RATED Al_Uti11NUM FOLDING DOORS CONFIGURATIONS 2_ L NOTE: These configurations are just a few examples of the numerous possibilities for Euro =?� _ Vista Fold•`" layout options. For \ installations in Florida. see the Florida Product Approval 3L1p 31 ZR 5L2R iL3R io 5U1R 3L3R 3LaR 3L4R Recommerded maximum s 12 ,b oetween panels EXTRUSION PROFILES Recessed Multi Point Rail & Snap Astragai Stile Stile Bead 1LAR es T PT I LA 3, Jamo -leader Reducer Sweep Bars Cover Exhibit B - Community Center Alternates p u r c wall 'C. if PRODUCT DATA SHEET '-' _ _ SATED ALUMINUM BOLDING DOORS HANDLES PULL HARDWARE Multi Point 5 Point Locking Handle D Pull Handle ,I Lever to the 1 5/8' — 2 32"--.- _ Closest Thru-Bolt - - - - .yam• _ l Center to Center ' Distance (CTC) Covering Range: 3 3/8" , 1-3/8" - 3-3/8" 13i8• 5 Lt6' 6 17P.!'Y ! 10 1/2" Lever to Cylinder Center to Center �147/64•.._ 1 Distance (CTC): 7M..� 3 5/8" Cylinder to the Closest Thru-Bolt Center to Center Distance (CTC) y Covering Range: 1;2" 1-1/2" - 2-9/16" 2 9i 16" ! ! R 7ne'— ( I t3r66' 15,32'Ah'te , ?ar ■� i' ,- Bronze ■ BiacK HINGES Upper Lower Upper Lower Center Straight Modified Intermediate Intermediate Jamb Jamb Wall Hinge Hinge Carrier Carrier Hinge Hinge Pivot Nhrte Fear 4notl¢ea 0 Bronze ■ Biact Exhibit B - Community Center Alternates Q u � � wall DATA SHEET C MPACT RATED AiLijiMINUM FOLDING DOORS LOCKS � q� Twinpoint Lever Twinpoint Lever Short 1/2" ' 2 t/a^ � i t u White 3rushea Bronze Biack L Satin Thumb Turn Locks 50mm Single Sided • Twinpoint Lever Euro Cylinder Key Use: Exterior Locking Only Satin NicKai 70mm Double Sided • Twinpoint Lever Euro Cylinder Key / Key Use. Standard Option Satin NicKei r� 70mm Double Sided • Twinpoint Lever Euro Cylinder Key / Thumb Turn Use: Swing Door or Special Request Satin NicKe, 90mm Double Sided - Multi Point Handle Euro Cylinder Key ' Thumo r� Use: Standard Option Finish: Satin Nickel. Bronze. Polished, Black Saar NICKel °ousnetl 0 Bronze ■ BiacK Exhibit B - Community Center Alternates e u r c wall PRODUCT DATA SHEET 03 IMPACT R -_;D ALUMINUM FOLDING DOORS SILLS 0 Standard Sill HVHZ Impact Rated Water Rated Modified Standard Sill HVHZ Impact Rated ADA Channel Sill Sill HVHZ Impact Rated Interior Use Only EMBED OPTIONS T Standard Sill - Option I ----- T-- Standard Sill - Option 2 =— Standard Sill - Option 3 T T �j i Modified Standard Sill - Option + Modified Standard Sill - Option 2 , a - _ ADA Sill - Op(ion i ADA Sill - Option 2 i -- , 13 _- .o ao------- . - Channel Sill - Option t ,Interior Ch annel Sill - Option 2 Interior .��-3 f 'a 13 Exhibit B - Community Center Alternates eur O wall PRODUCT DATA SHEET C3 IMPACT RATED ALUMINUM FOLDING DOORS WATER MANAGEMENT FF Drain B --\ Drain A, Half Embed No Embed Dram B Grin A \ No Embed Typical Drain Hole Embedding Dram A �1 r-Drain B Full Embed Drair _ 1 Full Embed Dr,,j:n B — Drain A-- �Nv CIIIUCu Exhibit B - Community Center Alternates euro�� I' PRODUCT DATA SHEET C3 IMPACT RATED ALUMINUM FOLDING DOORS Total Sill Length: Varies — - j IF li 3, y f 3" — Panel Center Typical Drain Hole Location Drill using a 116" Bit, and Tap using a'a" NPT, with 27 Threads per Inch Total Sill Length: Varies 3^ — 3• Panel Center A�i� A ADA & Modified Still-Staggerd repeating pattern Panel Center (TYP) ------------ ---.1 z r -- D ChannelStill - Repeating pattern Panel Center _ (TYP) , Panel Center , (TYp ) Panel Center l _ (TYP) Exhibit B - Community Center Alternates p u wall DATA SHEET C. C3 IMPACT RATED ALUMINUM FOLDING DOORS :m ca 0) L N CL 7 � (C a V f0 c pp L CO n N � L m 3 c c d � Z t` A c 'II �I I � i II m m m t c m — c H � a ;2' 0 C`J Exhibit B - Community Center Alternates 1,.� i f� O wall � I I 1 PRODUCT DATA SHEET �3 IMPACT RATED ALUMINUM FOLDING DOORS 1 r� v� �a c m i9 Trr c w m J, Exhibit B - Community Center Alternates euro�� I I PRODUCT DATA SHEET C3 IMPACT RATED ALUMINUM FOLDING DOORS GLAZING DETAILS Impact Glass (9/16" Monolithic) Stile Top Bottom Rail l C4 ; a 9/16" 9/16" Stile Top Bottom Rail IG Impact ;_er'Cr _,star or 0� Exhibit B - Community Center Alternates PRODUCT DATA SHEET e u 1r G wall C3 IMPACT RATED ALUMINUM FOLDING DOORS FINISH OPTIONS Standard Finishes Nh,te -, ear Arodizec 3ro,•ze Standard Wood Finishes Mahogany Sapele White Oak Faux Wood Grain Finishes Asper 3urlw000 :resrut err. teak /`iairut 3rowr /Veatrerec 'eaK E acK Exotic Wood Finishes A" rar Asr Birch curly Maple 'led Oai( :�osewoou rrar^or Dark ryairLT English Oak Hazelnut 'Honev 3,re -'ec Browr Walnut Zebrawood No Manogany Natura Red GRID OPTIONS These muntin configurations are just a few examples of the numerous possibilities. All configurations are available In aluminum or wood. Traditional Grid l� 7/8" OG MUNTIN Cross Grid English Grid 3/4" STANDARD MUNTIN Ladder 1 91 I 3/4" FLAT MUNTIN Double Ladder NOTE: The 14" flat muntin Is primarily used for sliding doors. however if your project has folding and sliding doors this muntin will oe ised to make them all match. Exhibit B - Community Center Alternates wall DATA SHEET C3 IMPACT RATED ALUMINUM FOLDING DOORS ADA - PANIC BARS Interior Access Two Component / Single Components Astragal Condition Condition a 0 Exterior Access Note: Optional to have no exterior access. Exhibit B - Community Center Alternates �� ��' I PRODUCT DATA SHEET C3 IMPACT RATED ALUMINUM FOLDING DOORS ELEVATION DETAILS a m z';;:Ilf'T-T'll� II 3 W Standard Sill Modified Sill ADA Sill m W ntenor 1" 15�6��1 t m k W Channel Sill Exhibit B - Community Center Alternates ! ' r PRODUCT DATA SHEET p C- 1.1 1 O wall C3 4MPACT RATED ALUMINUM FOLDING DOORS 1 Left 3 Right Configuration Shown -iardware ocations shown are standard i UI Locations may iary depending Heii goon request or Var panel neignt I i I i Q . Multi Point Lock Twinpoint (Interior) 35" 38" + i Exterior ==Jj Interior Exterior View EXTERIOR ELEVATION HORIZONTAL CROSS SECTION llt ]ht: ies Exhibit B - Community Center Alternates euro�� I I PRODUCT DATA SHEET C3 IMPACT RATED ALLiMINUM FOLDING DOORS 2 Left 2 Right Configuration Shown Hardware ocations show are standarc Locations may ary depending upon request or panel height. Ur Helf Var Tvvinpoint (interior) Twinpoint (Interior) 38" � I Ini+ 1n/iri+ii- \/—toc Exterior View EXTERIOR ELEVATION Interior P i ■ Exterior HORIZONTAL CROSS SECTION Exterior J It Iht: es U He & J, Va Exhibit B - Community Center Alternates Y � wall � � I PRODUCT DATA SHEET 1 03 iMPACT RATED Al-uMINUM FOLDING DOORS 2 Left 2 Right Split Configuration Shown Hardware it locations shown are standard fight Locations Tay amb: ries vary depending upon request Dr panel height Twinpoint (Interior) Twinpoint (Interior) 15" Locking Twinpoint (Interior & Exterior) 38" Unit Width: Varies Exterior View EXTERIOR ELEVATION HORIZONTAL CROSS SECTION Interior euro t HE VI Exhibit wall B - Community Center Alternates PRODUCT DATA SHEET C3 iMPACT RATED ALUMINUM FOLDING DOORS 2 Left 2 Right Bar Top Configuration Shown Exterior View EXTERIOR ELEVATION HORIZONTAL CROSS SECTION Exhibit B - Community Center Alternates eurowall DATA SHEET C3 IMPACT RATED ALUMINUM FOLDING DOORS NFRC a n 8 �a� r E m ms A w _ O 4 2 C a. : �' `� rn a .'0. 2 > U yi � IE 0 H 7 I W � LoeEC6 3 16 3.8 All 1 41 2156 z l 0 197 0 375 =' L N.G 063 N 020 N 040 CVCtr 7 16 SGP Lam, Q 2067 a2 046 AIR a) G 0 18 G p 34 13 j LoeE240 3 16 - 3.8 Air - 002 41 2046 =1 0 197 0 375 =' _ , N 0 19 N 024 Cle'Clr 7 16 SGP Lam, set 2067 42 046 AIR 0 )57 N ,] 6? G 0 17 (3, 021 1 , 1 LOGE-W 116 - 3 8 Air - 003 41 2166 41 0 197 0 375 =2 'Y N 3 0 63 N 0 I ` N 024 13 CIr;CIr 7 16 SGP Lam, 42 2067 42 046 AIR 0 028 G 0 13 G D ? t SB60 Ctr 116 18 .Air 004 41 5283 41 0 197 ! 0 375 = N 01t N 045 CluCtr 7 16 SGP Lami 42 2067 Y2 0 46 AIR 0 035 - L N G 0 63 G 024 G 339 13 S660 Grr '3 16 - 38 Air =1 5288 41 3 197 0 375 = N Ir ,c N. CIr Ctr 7 16 SGP Lami =2 067 =2 346 AIR 0 035 3Y N ) n3 ] 18 13 J t3 1E70XL Ctr 3.16 - 3+8 Air - 5 41 5434 41 0 197 0 375 =2 N 020 N 0 40 'Ir •�Ir ' 16 SGP Lami =2 2067 42 946 AIR 0018 ''L j N 3 0 6. 14 G 0 18 G 0 34 iE70XL GrY 3. 16 - I A Air - •. di 5372 31 ) 197 0 375 =2 N 0 I� N 0 22 Ir Clr 7 16 SGP Lami 42 2067 •;Y N ; =2 0 46 AIR 0 018 q,=,- I4 G 0 14 G .] 19 LoeE366 3: 16 - 3,8 Air . 006 z 1 2156 =2 -1 0 197 0 375 0 022 N 0,10 N 0 39 Clr,189 7 16 SGP Lami -2 34000 a2 ) 46 AIR =4 ,L N 3 0 58 G 0 17 G •) 34 1 U 149 LoeE340 3. 16 3.8 Air 001 ;t1 2166 =2' 41 U 197 0 375 U 028 N 0 14 N 0.13 Ctri89 7 16 SGP Lam, 42 64000 ,Y N.v �2 0 46 AIR =:4G 058 0 t 2 G 020 13 0 149 LoeE3ei6 }; t6. 3 8 ARG - 008 z 1 2156 a1 0 197 0 37` ARG 42 CL N G 0 59 N 020 N' 0 40 CIFCtr 7 16 SGP Lami z2 2C67 =7 0 46 0 022 I 3 0 18 G 0 34 14 LoeE240 3,16 - 3,8 ARG - 009 z 12041= 0 197 0 375 ARG 42 GY j N G 060 N 0 18 N 024 Ctr Ctr 7 t6 SGP Lam =2 2Cf % - - 1 'A 057 G 0 16 , 021 13 LoeE340 3,16 -3.8 ARG Ctr Or 7 16 010 z1 2166 =1 U 1 0 375 42 j 'Y N G 0 59 N 0 14 N 024 13 SGP Lam, 42 2067 =2 0469kR 90 0 028 i G 0 13 G 0.21 tARG SBdO Ctr 36 3 8 Oil zl 5283 =1 u 197 0375 ARG 42- CL , N G 05y N OJ 045 N Ctr Ctr 7 16 SGP Lami x2 2067 =2 0 46 90 0 035 0,14 G 0 39 13G —T SE60 Gry 3 I6 3 8 ARG z 15288 =1 0 1,), 0 37=, ARG x2 N 0 19 N U 25 Ctr Ctr 7 16 SGP lam, z2 2067 =2 U 4 U 035 'Y N ' 0 5u 3 U I 1 G 022 13 SB70XL Ctr 3 M - 3.8 ARG 012 41 5424 =1 0 197 0 375 ARG *2 N 120 N 040 CIrCtr 7 I SGP Lami z2 2067 =2 0 4,, 0 018 CL N G 0 i9 G 0 18 3 0 34 1 i S679XL Grr 3 IF, 38ARG =1 Z"7_ =1 0 W ' X2 <. N ;;?-, Cir Cie 113SGP Lami _- _ 046 AF' OC18 ;Y NG OSy N C L U ly 3 LoeE366 3< 16 18 ARG 013 375 rs t 215c e 1 0 197 ARG 42 002.1 N 0 19 N 039 Ctr i89 7 16 SGP Larrn t2 64000 =2 0 46 90 CL N.G 055 G 0 17 G 034 14 0 t49 I LoeE340 3,16 A ARG 014 *1 2166 =1 0 V-17 0 375 ARG 42- 0.028 GY N 0 13 N : 0 23 Ctr 189 7 16 SGP Lami z2. 64000 =2 0.46 �1 N G 0 55 3G12 G020 13 y0 0 149 116 - 3,8 015 41 2028 41 0 197 0 37`, 42 I N U 26 N. 0 43 Ctr Or CtrClr 7 16 SGP Lami Lami z2. 2067 -2 046 AIR 0 U37 CL N G 0 34 G 0 23 G 037 12 42 LoeE270 3,16. 3i8 Air CM 189 7 16 SGP Lem, 016 It 1 2028 =1 0 197 42 54000 =2 046 0 375 AIR 0.037 44 CL N 025 N.G 060 G 022 N 0 42 G 0 3C 12 — 0 149 LoeE270 3. 16 3.'8 ARG =1 2028 017 _I 0 W 0 375 a ARG 2 N 0 25 N 0 43 i Ctr Ctr 7 16 SGP Lame 2 067 2 = 0 40 2 0037 CL N G 0 61 G 022 G 0 37 13 LoeE270 3,16 - 3,8 ARG - =1 2028 018N0�_ 41 0 197 0 375 ''' 0037 �� N042 Clr i89 7 16 SGP Lami _2 r-e000 set 0 46 A� � CL N G 0 57 G 022 G 0 36 12 0 149 j LoeE3tili :Ltd 3,8 ARG WU zt 2156 4I 0 191 0 375 � Clri89 7. 16 SGP Lame -2 64000 32 046 ARG �022 CL N 0 58 U Iv 0 39 14 0 149 11 Exhibit B - Community Center Alternates ibit B - CI Und"en ate f JlQ —bwtv 7' Lo I Exhibit B - Community Center Alternates e u r o wall PRODUCT DATA SHEET C3 IMPACT RATED ALUMINUM FOLDING DOORS DESIGN PRESSURE CHART Panel Width (Inches) 20 24 28 32 36 40 44 48 52 72 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 75.0 78 100.0 100.0 100.0 100.0 100.0 100.0 100.0 75.0 7 5. 0 84 100.0 100.0 100.0 100.0 100.0 100.0 100.0 75.0 +60/-65 = V 90 C 100.0 100.0 100.0 100.0 100.0 75.0 75.0 +60/-65 +60/-65 C 96 100.0 100.0 100.0 100.0 100.0 75.0 r601-65 +60/-65 +60/-65 i 102 Q� 100.0 100.0 100.0 93.2 75.0 75.0-60/-65 +60/-65 108 75.0 96.9 93.7 75.0 75.0 +60/-65 -60/-65 114 75.0 77.9 75.0 75.0 75.0 «60/-65 +60/-65 a 120 75.0 75.0 75.0 72.9 +60/-65-601-61.6 126 75.0 75.0 68.0 62.2 55.7 50.5 132 75.0 65.4 58.6 51.5 138 68.0 56.9 49.0 43.1 144 57.3 47.9 41.2 36.3 TEST PERFORMANCE RESULTS ■ Approved for use in Miami -Dade HVHZ Zone • Florida Building Code Approved Product Approval FL 17838 ■ TAS 201 TAS 202 TAS 203 • Tested for Thermal Requirements • AAMA , WDMA / CSA 101 ' I.S.2 i A440-08 • NAFS-08 46.1 38.5 ■ Air Infiltration: A2 ■ Water Leakage Resistance: DP75 or PG75 ■ W,na Load Resistance: up to DP100 • Wind Zone 4 (Hurricane) ASTM (cycling) E1996: DP100 (C3 H100 Series) • Wind Zone 4 (Hurricane) ASTM (impact) E1886: Pass (C3 H100 Series) Exhibit B - Community Center Alternates EURO-WALL 10 YEAR WARRANTY 888.989 EURO (3876) www eUr0-wall com 4141Au;7a07jNG e u ro wall Altemate #4 - Altem1?§ bK@6sn mynity Center Alternates MIME�MIAMI-DARE COG'NTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES R) PRODUCT CONTROL SECTION BOARD AND CODE ADMINISTRATION DIVISION( f 1805 SW 26 Street Room208 Miami. Florida 33175-2474474 NOTICE OF ACCEPTANCE (NOA) T (786) 315-2590 F (786) 315-2599 www.miamidade ov/economv Petersen Aluminum Corporation 102 Northpoint Parkway, Bldg. 106 Acworth, GA. 30102 SCOPE: This NOA is being issued under the applicable rules and regulations governing the use of construction materials. The documentation submitted has been reviewed and accepted by Miami -Dade County PER - Product Control Section to be used in Miami -Dade County and other areas where allowed by the Authority Having Jurisdiction (AHJ). This NOA shall not be valid after the expiration date stated below. The Miami -Dade County Product Control Section (In Miami -Dade County) and/or the AHJ (in areas other than Miami -Dade County) reserve the right to have this product or material tested for quality assurance purposes. If this product or material fails to perform in the accepted manner, the manufacturer will incur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use of such product or material within their jurisdiction. RER reserves the right to revoke this acceptance, if it is determined by Miami -Dade County Product Control Section that this product or material fails to meet the requirements of the applicable building code. This product is approved as described herein, and has been designed to comply with the Florida Building Code including the High Velocity Hurricane Zone of the Florida Building Code. DESCRIPTION: Snap -Clad 0.032" (min.) a 12" thru 18" Wide Aluminum Panel over Wood Deck LABELING: Each unit shall bear a permanent label with the manufacturer's name or logo, city, state and following statement: "Miami -Dade County Product Control Approved", unless otherwise noted herein. RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change in the applicable building code negatively affecting the performance of this product. TERNIINATION of this NOA will occur after the expiration date or if there has been a revision or change in the materials, use, and/or manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with any section of this NOA shall be cause for termination and removal of NOA. ADVERTISEMENT: The NOA number preceded by the words Miami -Dade County, Florida, and followed by the expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done in its entirety. INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and shall be available for inspection at the job site at the request of the Building Official. This NOA revises NOA-No. 17-1002.12 and consists of pages I through 5. The submitted documentation was reviewed by Freddy Semino MIAMFI?ADE COUNTY NOA No.: 19-1028.15 Expiration Date: 04/18/2023 .Approval Date: 01/16/2020 Page 1 of 5 Exhibit B - Community Center Alternates ROOFING SYSTEM APPROVAL: Category: Sub -Category: Material: Deck Tvpe: Maximum Design Pressure: Roofing Metal, Panels (Non -Structural) Aluminum Wood —153.50 psf TRADE NAMES OF PRODUCTS MANUFACTURED OR LABELED BY APPLICANT: Product Dimensions Test Product Specifications Description Snap -Clad 0.032" x 12"-18" Wide Length: various TAS 110 Corrosion resistant preformed standing seam, Aluminum Panel Height: 1 %" Width: 12" thru 18" coated, pre -finished aluminum panels. Thickness 0.032" Min. Yield Strength: 26 ksi Individual Clip Length: 3.5" Height: 1.875" Width: l .982" Thickness: 20 ga EVIDENCE SUBMITTED: Test AQ=ncv Valspar Architectural Testing [ntertek MAMFDADECOUNTY �ffjaicierjpj� Test Identifier 433X515 433B 173 73784.01-109-18 D0841.01450-18-r2 J5603.02-450-18 TAS 110 20 ga. galvanized or galvalume steel clip with 2 holes, or 20 ga, stainless steel clip with 2 holes. Test Name/Report Date ASTM B 117 11/21/11 ASTM D 4587, ASTM G 23 11/21/11 TAS-100 08/ 10/07 TAS-125 10/03/ 16 TAS-100 09/26/ 19 NOA No.: 19-1028.15 Expiration Date: 04/18/2023 Approval Date: 01/16/2020 Page 2 of 5 Exhibit B - Community Center Alternates APPROVED ASSEMBLIES: Svstem: Snap -Clad 0.032" (min.) x 12" thru 18" Wide Aluminum Panel Deck Type: Wood, Non -insulated Deck Description: New Construction "/32' or greater plywood or wood plank, or for re -rooting 15/32" or greater plywood. Slope Range: 2": 12" or greater Maximum Uplift See Table A Below Pressure: Deck attachment: In accordance with applicable Building Code, but in no case shall it be less than 8d x 2" ring shank nails spaced 6" o.c. In reroofing, where the deck is less than 19/32" thick (Minimum 15/32") The above attachment method must be in addition to existing attachment. Underlayment: Minimum Underlayment shall be an ASTM D 226 Type II installed with a minimum 4" side -lap and 6" end -laps. Underlayment shall be fastened with corrosion resistant tin -caps and 12 gauge 1 '/4" annular ring -shank nails, spaced 6" o.c. at all laps and two staggered rows 12" o.c. in the field of the roll. Or, any approved Underlayment having a current NOA. Fire Barrier Board: Any approved fire barrier having a current NOA. Refer to a current fire directory listing for fire ratings of this roofing system assembly as well as the location of the fire barrier within the assembly. See Limitation # 1. `'alleys: Valley construction shall be in compliance with Roofing Application Standard RAS 133 and with the current published installation instructions and details in PAC Contractors Association's Roofing Installation Manual. Metal Panels and Install the " Snap -Clad 0.032" x 12"-18" Wide Aluminum Panel " panels including flashing Accessories: penetrations, valleys, end laps and accessories in compliance PAC Contractors Association's current, published installation instructions and in compliance with the minimum requirements detailed in Roofing Application Standard RAS 133. Panels shall be installed along the rib with SNAP CLAD Clips secured with #10 pancake head screws (2 per clip), the screws shall be of sufficient length to penetrate through the sheathing a minimum of 3/16". The female rib of panel is snapped over the male rib of panel. Panel clips shall be spaced a maximum distance listed below in Table A. TABLE A MAXIMUM DESIGN PRESSURES Roof Areas Field Perimeter and Corner' Maximum Design Pressures —86.00 psf.—153.50 psf ClipType In Individual Maximum Cli S acin 24" o.c. 6" o.c. 1. Extrapolation shall not be allowed APPROVED r.. NOA No.: 19-1028.15 Expiration Date: 04/18/2023 Approval Date: 01/16/2020 Page 3 of 5 Exhibit B - Community Center Alternates LIMITATIONS 1. Fire classification is not part of this acceptance; refer to a current Approved Roofing Materials Directory for fire ratings of this product. 2. The maximum designed pressure listed herein shall be applicable to all roof pressure zones (i.e. field, perimeters, and comers). Neither rational analysis, nor extrapolation shall be permitted for enhanced fastening at enhanced pressure zones (i.e. perimeters, extended corners and corners). 3. Panels may be roll formed in continuous lengths from eave to ridge. Maximum lengths shall be as described in Roofing Application Standard RAS 133. 4. All panels shall be permanently labeled with the manufacturer's name and/or logo, city, state, and the following statement: "Miami -Dade County Product Control Approved" or with the Miami -Dade County Product Control Seal as seen below. All clips shall be permanently labeled with the manufacturer's name and/or logo, and/or model. 5. All products listed herein shall have a quality assurance audit in accordance with the Florida Building Code and Rule 61G20-3 of the Florida Administrative Code. 6. Panels may be shop or jobsite roll formed with machine model #'s 10110884, E00578860, or 01110072 from PAC Contractors Association. MIAMMADE COUNTY ad NOA No.: 19-1028.15 Expiration Date: 04/18/2023 Approval Date: 01/16/2020 Page 4 of 5 Exhibit B - Community Center Alternates 1.875" O 3.5" 1.982" LYDwmuAL CLIP 1.75" HIGH X 12" THRU 18" WIDE SNAP -CLAD PANEL OPTIONAL FACTORY OR FIELD APPLIED SEALANT IN THE SEAM MIAMMADE COUNTY Ms M� CLIP RELIEFS, STIFFENING RIBS AND STRIATIONS OPTIONAL END OF THIS ACCEPTANCE NOA No.: 19-1028.15 Expiration Date: 04/18/2023 Approval Date: 01/16/2020 Page 5 of 5 HHVdNOLTIU Nod .. a V1s3no3i do 3SY'nln / N �l NV1d N3M3S ONV M31tlM'3EJdNrVda ONIAVd - - ;, VONOId V1S3F1031 d0 3E)V nIA SNVId SNIN33NION3 S Iyaf 3 F! .2 3€ f3 OVOIJ H0OM9V3S Ji ia0siai�tl' � T J J =a 00 0a H z m j;ow w�= Zywy 0,2 UmW 0 LL ;y til S> W W pw 4) -7� W 0 FAZ Y F W O O m ~ C } G W ; Z ~ W N t < I o r sj E E o w 0 J m U) Y 06 m c a� Q IN or - ■ 3 Q� C � C - O a'E c a 3 n 0 9 � c O " V n O Z o+ � L � ` �a E • m O m O O i ti a'ao OC 'q m d .Q h ;5 T T m N N N O N N • O J C L O� y =^ ^ • ♦ O F C = n E n o D e m c a t L i L d d o c Pu o r c E° o' o d: o L> 'u o. y a ° L a A O m n V 7 a E i • o: C 7 mc u a N z i � o[ o n ry N 0� 0 0 0 N ^1 T rl m\ \ O H e\Y - C� ° '� N� N H N N N N N N N H ti� 04 L~ D s 3 O O N 3 i 3 3 i f 0 0 0 0 0 sQ QQ 0 0 rv\\ n14ry N m m M\ n m m Y W 61 W W L L L y > M A 7 A N Y T A T 9 N>>>> T A N IO > N Q Jt ilt P DD c � ° R 0 L C I W E Eu m A > m a m E. a c a� etI E i^ � a m c o L c E. a a c n o d o m m d 55 o a vi _ a m �E v a o. m W 9 E E o u Q - E 3 u .4c N o c y N q �y 2 G o 3° a' w u a S m > ^� o O a a m m m m 0� c z c 3 > ._ W, m E '- v' O q Y O CL w> o F 3 a �, E ^> a °> 'm E f° -��' = C u u �n u z �n ¢ u = l7 0 �n f- 6 E C s v', m ¢ " vc u • N N N N N N N T /f1 T Q O O T Q P 4 P 'm w 75 i Av W .O L. 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U/1 ON W C Oh O\f 0\ C O\j ti .\i r1 •r ti y A O 0 0 W LL a A A A a a A A A a A A A A A A A Y m •— � Q Q �l1 N T rl t° i� J W tD V1 N �f1 T O Xcr a W 0 t EL J � = o m 3 0 3 t e z _`o m" ° e° m a H q M m�° LL u c a 3— u° a c N c 0 E u° a aLL c c c c N F LL j ° G - - Z M = Ly E U !■■ - i 3 C ago 11 g d C u O E U Exhibit D - Community Center Assumptions and Qualifications ■ ■ HEDRICK ■ ■ ■ BROTHERS ■ CONSTRUCTION January 26, 2021 ASSUMPTIONS & QUALIFICATIONS (PHASE 2 GMP) Tequesta Community Center DIVISION 1 - GENERAL: 1) Our general conditions costs assumes a 10 month schedule from notice to proceed. 2) We assume all Permits, Permit Fees, Governmental Fees, and Utility connection fees are by Owner. 3) Builders Risk Insurance and any deductible is to be provided by the Owner. 4) We have included a Payment and Performance Bond. 5) We exclude Bid Bond. 6) All Construction Testing and Vibration Monitoring Services will be provided by Owner. 7) We exclude Temporary Site Security Services. 8) Supply of Water Meter is by Owner. 9) Utility fees of any kind are excluded. Including, but not limited to, coordination, design fees, deposits, and infrastructure costs associated with FPUA, FPU, Cable/Internet Service Provider, and Phone Service Provider. 10) All consumption costs for water and electric are to be paid for by the owner. I t) This proposal excludes any and all cost associated with any and all acts of God or unforeseen items, related to labor, materials, equipment, scopes of work, and additional time to complete the project due to weather delays, unforeseen items. etc. 12) We assume existing ground conditions are adequate to support New Construction without any modification and i or special foundation construction. 13) Parking is figured to be onsite. Offsite parking is excluded. 14) Hurricane preparation is not included. All costs for hurricane preparation will be performed on a 'Cost plus a Fee' basis. 15) Any construction materials testing or third party inspections are excluded. 16) Deposits will be required to manage subcontractors and vendors. 17) If safety systems are disabled, fire alarm/fire sprinkler watch is excluded. 18) Storage, shipping, handling, installation, layout, and inventory of all Owner provided FF&E is excluded. 19) For any materials supplied by the Interior Designer/Owner and installed by Hedrick Brothers/Subcontractors; the Interior Designer shall furnish a Supplied/Purchase Materials List including quantities to verify that all materials and quantities received are correct. All deliveries shall be sent to the Site Superintendent's attention. 20) We exclude updating anything to code other than shown on the bid documents. 21) Project schedule assumes that Hedrick Brothers will be uninterrupted by owner and venders outside of Hedrick Brothers control. 22) An allowance is defined as a sum of money, for a specific scope or items, which may increase or decrease in value, depending on the final selection of material or product. All allowances are for labor and material and include contractors' fee and general liability insurance, unless otherwise noted in the qualifications. 23) Working hours are figured to be Monday — Friday 8am — 3:30 pm. Overtime work is not included. 24) In event that conflicts exist between plans. Alan notes and specifications, Hedrick Brothers' qualifications will prevail. 25) This proposal is valid for 30 days. If this project cannot be commenced during this time frame, the contractor reserves the right to verify pricing. 26) Supplying and handling of F.F.&E. items is excluded. DIVISION 2 - DEMOLITION 1) Demolition of existing building is included in Phase 1. Piz Exhibit D - Community Center Assumptions and Qualifications ■ ■ HEL)RICK ■ ■ ■BROTHERS ■ 03 CONSTRUCTION January 26, 2021 ASSUMPTIONS & QUALIFICATIONS (PHASE 2 GMP) Tequesta Community Center DIVISION 3 - CONCRETE 1) We have included concrete foundations, slab on grade as scheduled. DIVISION 4 - MASONRY 1) We have included masonry walls as scheduled. DIVISION 5 - STEEL 1) We have included structural steel w-beams, metal joists and Epic Deck Tori A decking as scheduled. Al MEP's are run under Epic metal roof decking. DIVISION 6 - ROUGH CARPENTRY 1) We have included the use of wood trusses and rough carpentry at mansard roofs. 2) We have included 5/8" CDX plywood sheathing at mansard roofs and gymnasium roof. 3) We have included one (1) entry trellis and one (1) dumpster trellis, wood species to be Cedar. 4) We have included hardi plank siding as scheduled. DIVISION 6 - MILLWORK 1) We have included plastic laminate cabinets and casework and C2 quartz countertops at Reception Desk as scheduled. 2) We have included plastic laminate base and upper cabinets and C 1 quartz countertops at Storage Room # I I I and Open Workplace #113. 3) We have included plastic laminate apron's and C1 quartz countertops at Men's #1 and Women's #1 restrooms. 4) We have included plastic laminate custom benches are Corridor #103, Kids Activity #5 and Adult Activity #2. 5) We have included plastic laminate apron's and C 1 quartz countertops at Men's # 1 and Women's # 1 restrooms. 6) We have included plastic laminate base cabinets and C I quartz countertop at Kids Zone #3. DIVISION 7 - WATER PROOFING 1) We have included Euclid Tamoseal cementitious waterproofing behind hardi plank siding. 2) We have included Prosoco Fast Flash waterproofing at all exterior window, door and louver openings. DMSION 7 - ROOFING 1) We have included a Johns Manville 60 mil TPO roof system with minimum R-20 rigid insulation. 2) We have included Englert 1300 series standing seam roof system in slate grey color. 3) We have included seamless aluminium gutters and downspouts as scheduled. DIVISION 8 - EXTERIOR LOUVERS 1) We have included exterior louvers with powder coat finish (color: Benjamin Moore Teal Tones 663) as scheduled. DMSION 8 - INTERIOR AND EXTERIOR GLAZING 1) We have included Aldora impact rated fixed windows and storefront doors with 9/ 16" laminated impact glazing in aluminium frames with bronze finish. Exhibit D - Community Center Assumptions and Qualifications ■ ■ HEDRICK ■ ■ BROTHERS ■ ■ CONSTRUCTION January 26, 2021 ASSUMPTIONS & QUALIFICATIONS (PHASE 2 GMP) Tequesta Community Center 2) We have included Aldora impact rated storefront doors for interior doors 119.1. 119.2, 102.4, 102.5, 103.2, 119.1, 119.2, 121.2 & 122.2. 3) We have included Nanawall impact rated folding door 119.3. 4) We have included Teknion Optos Series demountable glazed partitions as scheduled. DMSION 8 - INTERIOR DOORS 1) We have included Grade A plain sliced white ash solid core wood doors in hollow metal dames. All solid core door frames are included as hollow metal. 2) We have included door hardware as scheduled. 3) We have included one (1) series 610 motorized overhead coiling door by Overhead Door Company as scheduled. DIVISION 9 - DRYWALL / CEILINGS / FINISHES 1) We have included stucco in a smooth finish at building, monument sign, dumpster enclosure and seven (7) hardscape columns. 2) We have included interior framing and drywall walls and ceilings with a level IV finish per plans. 3) We have included epoxy floor system as scheduled. 4) We have included S9,028.00 allowance for Laticrete polished concrete floor system as scheduled (pending final determination of finish grit specifications). 5) We have included wall tile and carpeting as scheduled. 6) We have not included moiture barrier, mititgation or remediation for flooring if required. 7) We have included interior and exterior painting as scheduled. The interior ceiling and steel structures include dryfall paint finish in lieu of alkyd enamel. DIVISION 10 - SPECIALTIES 1) We have included toilet partitions by Scranton Products as scheduled. 2) We have included bath accessories as scheduled. 3) We have included four (4) fire extinguisher cabinets with 5 lb. fire extinguishers as scheduled 4) We have included one (1) know box for the new building. DIVISION 10 - SIGNAGE 1) We have included an allowance of S28,443.00 for interior and exterior signage as scheduled (pending owner approval). DIVISION 10 - OPERABLE PARTITIONS 1) We have included two (2) Modernfold Acousti-Seal 931 Series folding partitions with standard vinyl finish. 2) We have included bath accessories per plans. DIVISION 11 - APPLIANCES 1) We have included appliances per appliance schedule noted on sheet A-4.30. DIVISION 11 -GREEN WALLSCAPE 4" Exhibit D - Community Center Assumptions and Qualifications ■ ■ HEDRICK BROTHERS ■03 CONSTRUCTION January 26, 2021 ASSUMPTIONS & QUALIFICATIONS (PHASE 2 GMP) Tequesta Community Center 1) We have included an allowance of $15,841.00 for one (1) green wallscape feature in Lobby and one (1) green wallscape feature per A-6.00. DIVISION 12 - WINDOW TREATMENT l) We have included Mecho Shade window treatments as scheduled. DIVISION 12 - GYMNASIUM EQUIPMENT AND ATHLETIC FLOORING 1) We have included Woodflex Cushion vinyl athletic flooring by Mats Incorporated 10 mm thick athletic multipurpose cushioned flooring in Gym # 102 and Youth Activity # 119 and # 120 (pending owner approval). Includes game lines for basketball, volley ball, pickle ball and one (1) center court logo. Moisture warranty, moisture barrier and remediation for athletic flooring is not included. 2) We have included Woodflex Cushion vinyl athletic flooring by Mats Incorporated 6.7mm flooring in Adult Activity # 121 and # 122 (pending owner approval). 3) We have included four (4) basketball backstops, one (1) top roll divider curtain, safety wall pads, two (2) sets of volley ball nets, two sets of pickle ball nets and three tip and roll bleachers by Jaypro Sports. 4) We have included one (1) LX2350 scoreboard by Electro-Mech (9'w x 3'h) with wireless communication. 5) We have included one (1) master equipment controller 2 (MEC2) touchscreen by Jaypro Sports. NOTE: If discrepancies exist between Mechanical/Plumbing/ElectricaUFire Protection and other (Arch., ID, Etc.) or specifications, the information shown on the MechanicaUPlumbing/ElectricaUFire Protection will prevail. DIVISION 21- FIRE PROTECTION 1) We have included a standard wet fire sprinkler system per code. 2) We have not included a fire pump. DIVISION 22 - PLUMBING: 1) We have included sanitary, vent and water piping as scheduled. 2) We have included plumbing fixtures per Ferguson specification booklet provided by REG Architects. 3) We have included storm water drains and piping as scheduled. DIVISION 23 - HVAC: 1) We have included mechanical equipment and ductwork as scheduled. 2) We have included a Trane Tracer Bacnet mechanical controls system as scheduled. DIVISION 26 - ELECTRICAL: 1) We have included switch gear and power requirements as scheduled. 2) We have included one (1) 60 KW, 120 volt generator (pending owner and engineer approval). 3) We have included an allowance of $1,200.00 for four (4) type "S21" fixtures not specified. 4) We have included an allowance of $600.00 for two (2) type "SE" fixtures not specified. 5) We have included a fire alarm system per code. 6) We have included a lightning protection system. DMSION 26 - LOW VOLTAGE: U Exhibit D - Community Center Assumptions and Qualifications MM3HEDRIC K BROTHERS CONSTRUCTION January 26, 2021 ASSUMPTION'S & QUALIFICATIONS (PHASE 2 GMP) Tequesta Community Center 1) We have included $111,637.44 for access control requirements, intrusion detection system, head end Genetec Omnicast Camera and emergency phone per Miller Electric Proposal #22243 dated 01/07/21 (pending owner approval). 2) We have included $175,163.06 for audio and video requirements per The Experts proposal dated 1/19/2021 (pending owner approval). 3) Structured Cabling will be roughed into IT Room for final termination by Village of Tequesta. Server, Programming, and Start up is by Village of Tequesta. DIVISION 32 - SITE WORK: 1) We have include all grading, paving and utilities as shown on the civil plans. 2) We have included vehicular and pedestrian pavers as scheduled. 3) We have assumed some dewatering will be required. 4) We have included white vinyl fencing and gates as scheduled. 5) We have included landscaping per plans (irrigation by owner). Relocating existing tree's are excluded. 6) Blinker signs and crosswalk at Seabrook Road is excluded. 4. F- o a M W O R E �°Crrn O. Y +1 2 O � rr 0 O O F LA u_ OCCA M A- N F rn N W N W '^ v a w m Fu. N u O O � p V O — m N a` M c •0 E N Q L ,W V E E L o Wv r u V �V` ::4 Z O c L O . ■ d a a 0 O J yLIL li • �I O N A V V j l • J ? 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The system will include: 101 Lobby - Crestron 7" tabletop touch panel - Crestron 8 button Cameo keypad - LG 65" 4K Signage TV - Sanus flat -mount TV bracket - RG6/CAT6 wall plate for TV - Crestron NVX receiver - Crestron HDMI wall plate with fiber optic HDMI to TV 102 Gymnasium - Crestron 10" wall -mount touch panel' - STI Protective Enclosure for touch panel - Optoma 7,500 lum WUXGA HDR projector - Draper 14' Projector Scissor Lift - Fiber optic HDMI to rack - Da-Lite 188" 16:9 ALR motorized projector screen - Crestron DM Lite HDMI wall plate - (2) Shure QLX-D wireless handheld microphone systems - Shure antenna system - Crestron 210W x 2 amplifier - (12) Crestron 6.5" 2-way pendant speakers - Interface trigger Hoops Up/Down. Provides low current contact close trigger. Panel controls Gymnasium ONLY " Program app for iPad to control room ONLY. Full building control add $1,000. 103 Corridor - Crestron 7" wall -mount touch panel - (3) LG 65" 4K Signage TVs - (3) Sanus flat -mount TV brackets - (3) Crestron NVX receivers IP/RS232 control will cost extra. The Experts • 7992 SW Jack James Drive • Stuart, Florida 34997 Tel: 772.232.9114 • Fax: 772.232.9688 • www.TheExperts.biz Exhibit D - Community Center Assumptions and Qualifications Scope of W 112 IT Room - Cable TV Demark - Network Demark - Crestron CP3N processor - Cable box (client supplied) - Sony 4K Bluray - Roku Ultra 4K - Crestron NVX Director - Crestron NVX Card Chassis - (4) Crestron NVX encoders - (1) Crestron NVX decoder (projector) - Crestron 8x6 DSP - Crestron 16 port PoE projector - Extreme Networks NVX switch - Microsemi 12 port NVX PoE injector - SurgeX battery backup/surge protector - SurgeX surge protector 113 Open Workspace - Crestron 8 button Cameo keypad - LG 65" 4K Signage TV - Sanus flat -mount TV bracket - Crestron NVX receiver - Crestron DM Lite HDMI wall plate transmitter (desk) - Crestron DM Lite HDMI wall plate receiver (TV) 116 Office - Crestron 7" tabletop touch panel - LG 65" 4K Signage TV - Sanus flat -mount TV bracket - Crestron NVX receiver - RG6/CAT6 wall plate for TV - Crestron HDMI wall plate with fiber optic HDMI to TV 121 Adult Activities #1 - Uplink to IT Room (RG6/CAT6/Fiber) - Crestron 7" wall -mount touch panel' - Optoma 4k Gaming Projector - Chief ceiling -mount projector mount with 3' pole - Fiber optic HDMI to closet rack - Da-Lite 119" 16:9 motorized projector screen - Cable Box (client supplied) - Roku Ultra 4K - Crestron DM 8G HDMI wall plate - Crestron 4K 7.1 surround sound receiver - (3) Saros 8" 2-way surface mount speakers (front stage) - (2) Saros 6.5" 2-way pendant speakers (surround) - Presonus 1000W 18" Subwoofer - Crestron 5 port PoE switch - Panamax surge protector - Interface Shades (TBD and not included in proposal) Panel controls Adult Activities #1 ONLY The Experts • 7992 SW Jack James Drive • Stuart, Florida 34997 Tel: 772.232.9114 • Fax: 772.232.9688 - www.TheExperts.biz Exhibit D - Community Center Assumptions and Qualifications Scope of Wor 123 Kid's Zone #3 - Crestron 8 button Cameo keypad LG 65" 4K Signage TV - Sanus flat -mount TV bracket - Crestron NVX receiver RG6/CAT6 wall plate for TV - Crestron DM Lite HDMI wall plate transmitter (desk) - Crestron DM Lite HDMI wall plate receiver (TV) - Klipsch 2.1 Soundbar Exclusions are as follows: - Permits/Submittal - After hour/Weekend work - Networking - We estimate 2 technicians will require approximately 5 days of prewire, 5 days of trim, and 25 days to complete this installation inclusive of configuration, programming, test and demo of items listed. Change Order(s): -During the course of a project, the Client and/or his/her authorized rep may request changes, additions and/or modifications without invalidating the contract. Procedure: The request for changes, additions, or modifications will be submitted in writing The Client (or authorized representative) will receive a Change Order detailing additional labor, materials, and equipment charges associated with the change request. The Client (or authorized representative) signs off on the resulting change order authorizing modifications to the original scope of work and agreeing to changes in the overall project timeline, if needed. The billing associated with the change order is due upon receipt and does not constitute payment towards this contract. Labor Warranty: Your new system comes with The Experts 90 day limited labor warranty. If a component The Experts supplies within the system is defective in normal use due to a fault of the product(s) and/or materials, The Experts will at its discretion replace the defective item under it manufacturer's warranty for a period of 90 days from the date of substantial completion. Substantial completion is defined here as the point in time when your equipment has been delivered and installed. Warranty after 90 Days: Many components in your system will have manufacturer's warranties that extend past the 90 day terms of this plan. If an item(s) becomes defective after the 90 day term is up The Experts will remove, submit for repair, and reinstall this equipment for you at our standard service rate. Non -Payment: Payments not received within 7 days of invoice is subject to interest of 18% Credit Card Payments: The Experts would be glade to take your Credit Card payment, however credit card payments are subject to a 3% surcharge. Deposits, Balances, and scheduling your project: Deposit: Before your project can be added to The Experts work schedule, a deposit consisting of all equipment, Misc. Parts, and Sales Tax must be received by our office. Cancellation: All deposits are refundable within 7 days, however in some cases, a re stocking fee (of up to 25%) for any equipment already ordered, plus all freight charges will be deducted from your deposit. Balance: Your balance consisting of the labor and any additional changes are due at completion of the project. ***This proposal is valid 45 days from date of submission*** The Experts • 7992 SW Jack James Drive • Stuart, Florida 34997 Tel: 772.232.9114 • Fax: 772.232.9688 * www.TheExperts.biz Exhibit D - Community Center Assumptions and Qualifications Qty Description Price 1 Wall Plate - CATV/Data $65.18 • Single -gang wall plate with (1) Cable TV and (1 ) Data jack —Includes (1) RG6 and (1) Cat6 cable 1 Crestron TS-770-B-S $2,040.26 7 in. Tabletop Touch Screen, Black Smooth The Experts CAT6-ORG f Category6 cable 23/4pr - ORANGE, for system control i_per foot) 1 Crestron C2N-CBD-P-W-T $435.00 ' Cameo keypad wi up to 8 backlit, custom engravable buttons (each, white/textured) Crestron CRESNET-NP-TL -USE PART # Crestron CRESNET-NP-TL-B500. CRESNET-NP- TL-SP500. or CRESNET-NP-TL-SP1000 WHEN ORDERING— _ + 1 LG 65UH5F-H $2.170.00 65 UH5F-H Series Slim UHD IPS Digital Signage with non -glare coating. webOS platform, Cisco 8= Crestron compatible 8= IP5x Certified 1 Sanus VLL51B1 $94 99 Flat, ultra -low -profile wall mount for large flat -panel televisions 1 Crestron DM-NVX-360 $1.940.00 ' DM NVX 4K60 4A 4 HDR Network AV Encoder/Decoder Crestron CBL-HD-1.5 Crestron certified HDMI interface caole - S Crestron DM-CBL-8G-NP Digital Media 8G cable. non -plenum (per foot) 1 Crestron MP-WP152-B $120.00 Media presentation wall plate - HDMI. black �O 1 Ethereal IB-HDAOCD-050 $249 99 HDMI AOC cable 18Gbps CL3 rated 50FT with detachable headshell Price Includes Accessories Presented By: The Experts 1/19/2021 Project Name: Community Center A/V Project No.: 2880 Page 1 of 11 Exhibit D - Community Center Assumptions and Qualifications % Qty Description Price 1 Wall Plate - Data/Control Pass -Through $79.82 Single -gang pass -through with (1) Data and (1) Control cable —Includes (1) pass -through wall plate, (1) Cat6, and (1) Cat5e cable 1 Crestron TSW-1070-8-S $2,840 26 ' a 10.1 in. Wall Mount Touch Screen, Black Smooth 1 i The Experts CAT6-ORG Category6 cable 214pr - ORANGE, for system control (per foot) 1 Safety Technology International (STI) STI-7530 $268.00 i Polycarbonate Cabinet w/Key Lock - Clear 12" X 14" X 6.37 Optoma ZU720T $4,999.00 7 500 lumens WUXGA HDR projector. 1 8x zoom. 1.000.000:1 contrast, black t Draper SLX14 $8.915.95 ' Scissor Lift SLX, 110 V. 147' max lowering, 350 lb rated The Experts CAT5E-ORG-STRD Category5e cable 24i4pr stranded - ORANGE. for system control (per foot) 1 Ethereal IB-HDAOCD-130 $449 00 HDMI AOC cable 18Gbps CL3 rated 130FT with detachable headshell ® 1 Da-Lite 29933L $5,978.95 ' 188" (diag) 16 9 Tensioned Cosmopolitan Series, Ambient Light Rejecting (ALR). Parallax Stratos 1 0 gray screen. motorized. white (black avl on request) The Experts CAT5E-ORG-STRD Category5e cable 2414pr stranded - ORANGE. for system control (per foot) 1 Crestron HD-TX-101-C-1G-E-B-T S560 00 " DM Lite HDMI over CATx transmitter, wall plate, black textured Crestron DM-CBL-8G-P Digital Media 8G cable. plenum (per foot) j 2 Shure QLXD24/SM58 $1 998.00 Handheld wireless microphone system 'MUST SPECIFY FREQUENCY' 2 Shure UA221 S302.00 Passive Antenna Splitter/Combiner Kit 2 0 Shure UA8100 S510.00 UHF remote antenna extension cable, BNC-BNC, RG213/U Type, 50 Ohm. 100 ft blk ' Price Includes Accessories Presented By: The Experts 1/19/2021 Project Name: Community Center A/V Project No.: 2880 Page 2 of 11 Exhibit D - Community Center Assumptions and Qualifications Price OW Description -- - 2 Shure UA834WB $358.j0 In -Line Antenna Amplifier $64.00 2 Shure UA8-518-578 '/2 Wave Dipole Antenna Compatible with Axient, UHF-R, ULX-D, ULX, SLX and BLX4R, 518-578 MHz 1 Crestron AMP-2210HT $1.290.00 Commercial power amplifier. 2 x 210 watt, 4/8 ohm or high -power 70 volt 12 Crestron SAROS PD6T-B-T-EACH $5,134.20 " • Saros 6.5" 2-way pendant speaker, 70v/100v/8ohm, 125w (each, black) The Experts 16/2 16t2 speaker cable, fine stranded. oxygen -free copper (per foot. white) rI•f•41 M 1 Crestron TSW-770-B-S 3 1, 840 26 ` 7 in. Wall Mount Touch Screen, Black Smooth i The Experts CAT6-ORG - Category6 cable 23/4pr - ORANGE. for system control (per foot) 3 LG 65UH5F-H $6.510 00 65 UH5F-H Series Slim UHD IPS Digital Signage with non -glare coating, webOS platform. Cisco & Crestron compatible, & IP5x Certified 3 Sanus VLL5B1 $284.97 Flat. ultra -low -profile wall mount for large flat -panel televisions 3 Crestron DM-NVX-360 $5,820.00 DM NVX 4K60 4.4:4 HDR Network AV Encoder/Decoder Crestron CBL-HD-1.5 OC:> Crestron certified HDMi interface cable - 1 5' Crestron DM-CBL-8G-NP Digital Media 8G cable. non -plenum (per foot) * Price Includes Accessories Presented Bye The Experts Project Name: Community Center A/V Project No.: 2880 1/ 19/2021 Page 3 of 11 4� � Exhibit D - Community Center Assumptions and Qualifications Price %i Qty Description _ 533.44 1 �r Demarcation - CATV to Cable Television stub -out, includes (2) RG-6 Quad Shield coxial cables pre -wired demarcation point on exterior of house 1 Demarcation - Network + Fiber $159.86 �/. Internet service stub -out, includes: (2) Category 6 cables and (1) 6C Single -Mode Fiber pre -wired to demarcation point on exterior of house 52.600 00 ' 1 Crestron CP3N 3-Series control system w/ gigabit subnet 1 Existing Equipment CABLE BOX SO 00 ` i� Existing HD cable box -supplied by client's cable TV provider 1 Crestron CBL-HD-3 $40.00 Crestron certified HDMI interface cable - 3' 1 Sony UBP-X800M2 $299.99 4K UHD Blu-ray Player With HDR 1 Crestron CBL-HD-3 $40.00 6DCrestron certified HDMI interface cable 3 1 Roku ROKU ULTRA 4K Bundle S149.00 ` Roku Ultra Streaming Media Player 4KiHD:HDR Bundle 1 Crestron CBL-HD-3 $40.00 Crestron certified HDMI interface cable - 3' 1 Crestron DM-NVX-DIR-80 $5,000.00 DWI NVX Director Virtual Switching Appliance for 80 Endpoints 1 Crestron DMF-CI-B $2,000.00 DigitalMedia SFP+ 4K Fiber extender card chassis 3 Crestron DM-NVX-360C $5.400.00 _ ... '� DM NVX 41<60 4 4 4 HDR Network AV Encoder/Decoder Card 1 Crestron DM-NVX-363C $2.400 00 DM NVX 4K60 4 4 4 HDR Network AV Encoder/Decoder Card with Downmixing and Dante Audio 1 Crestron DM-NVX-E760C $1.900.00 _ DM NVX 4K60 4 4 4 HDR Network AV Encoder Card with DM Input 1 Crestron DSP-860 $2,000 00 ` Avia 8 x 6 Digital audio signal processor * Price Includes Accessories Presented By: The Experts 1/19/2021 Project Name: Community Center A/V Project No.: 2880 Page 4 of 11 Exhibit D - Community Center Assumptions and Qualifications Qty Description Price Crestron CEN-SWPOE-16 $2,650.00 ' 16-port managed 10/100/1000 PoE switch w/ rear -facing Ethernet ports, 32.5w per port. 255 watts total 1 Extreme Networks X440-G2-24t-10GE4 $2.679 00 ' 24 port managed switch with 24 x 10/100/1000 + 4 x 1 Gigabit , 10 Gigabit SFP+ + 4 x combo SFP 1 Microsemi PD-9512G $1,699.95 PoE injector - 450W 1 SurgeX UPS-1000-LI-2 $1.499.00 2RU. 1000VA Line Interactive UPS. 6 Outlet. 15A, Advanced Series Mode. EMI/RFI Filter 1 SurgeX SX-1115-RT $694.00 1 RU. 9 Outlet, 15A, with Remote: Advanced Series Mode, COUVS. ICE. EMI/RFI Filter 1 Crestron C2N-CBD-P-W-T $435.00 - Cameo keypad w/ up to 8 backlit, custom engravable buttons (each vvh ite, textured; l Crestron CRESNET-NP-TL / "'USE PART # Crestron CRESNET-NP-TL-6500. CRESNE7-NP- TL-SP500 or CRESNET-NP-TL-SP1000 WHEN ORDERING— '* t 1 LG 65UH5F-H $2.170 00 65 UH5F-H Series Slim UHD IPS Digital Signage with non -glare coating. webOS platform, Cisco & Crestron compatible, & IP5x Certified 1 Sanus VLL5B1 $94.99 Flat, ultra -low -profile wall mount for large flat -panel televisions 1 Crestron DM-NVX-360 $1,940.00 ' DM NVX 4K60 4.4.4 HDR Network AV Encoder/Decoder Crestron CBL-HD-1S Crestron certified HDMI interface cable - 1 5' Crestron DM-CBL-8G-NP Digital Media 8G cable, non -plenum (per foot) 1 Crestron HD-TX-101-C-1G-E-B-T $560.00 DM Lite HDMI over CATx transmitter, wall plate. black textured Crestron DM-CBL-8G-P Digital Media 8G cable. plenum (per foot) 1 Crestron HD-RX-101-CAG-E-B-T $380.00 DM Lite HDMI over CATx Receiver, Wall Plate. Black Textured A ' Price Includes Accessories _ Presented By: The Experts 1/19/2021 Project Name: Community Center A/V Project No.: 2880 Page 5 of 11 Exhibit D - Community Center Assumptions and Qualifications & - Qty Description Price 1 Wall Plate - CATV/Data $65.18 Single -gang wall plate with (1) Cable TV and (1) Data jack ***Includes (1) RG6 and (1) Cat6 cable 1 Crestron TS-770-B-S $2,040.26 " 7 in. Tabletop Touch Screen, Black Smooth The Experts CAT6-ORG Category6 cable 23/4pr - ORANGE, for system control per foot) _ t 1 LG 65UH5F-H $2,170.00 65 UH5F-H Series Slim UHD IPS Digital Signage with non -glare coating, webOS platform. Cisco & Crestron compatible. & IP5x Certified 1 Sanus VLL561 $94.99 Flat, ultra -low -profile wall mount for large flat -panel televisions 1 Crestron DM-NVX-360 $1,940.00 DM NVX 4K60 4 4.4 HDR Network AV Encoder/Decoder Crestron CBL-HD-1 5 06-D Crestron certified HDMI interface cable - 1 5' Crestron DM-CBL-8G-NP Digital Media 8G cable. non -plenum • per foot) Crestron MP-WP152-B $120 00 Media presentation wall plate - HDMI. black 0� t EtherealIB-HDAOCD-050 $249.99 �y HDMI AOC cable 18Gbps CL3 rated 50FT with detachable headsnell ' Pace Includes Accessories Presented By: The Experts Pro]ect Name: Community Center A/V Project No.: 2880 1/19/2021 Page 6 of 11 clt Exhibit D - Community Center Assumptions and Qualifications o Qty Description ---- - Price 1 Uplink to IT Room (1) RG6 + (1) CAT6 + (1) 6x OM3 Fiber I, 150 The Experts CAT6-GRN Category6 cable 23/4pr - GREEN, for networking (per foot) 150 The Experts FIBER 6X OM3 6 Fiber Indoor Distribution Fiber Optic Cable. Multimode, 50/125. OM3, 10 Gbit. Aqua, Riser Rated (per foot) 150 The Experts RG6Q RG6 coaxial cable, quad -shield, for CATV & satellite (per foot. white 1 Wall Plate . Data/Control Pass -Through Single -gang pass -through with (1) Data and (1) Control cable —Includes (1) pass -through wall plate, (1) Cat6, and (1) Cat5e cable 1 Wall Plate - XLR Single -Gang Stainless Wall Plate with (1) Female XLR connector —Includes (1) balanced line cable 1 `Alirepath WP-XLR- 10 1 F-ALU Aluminum Single Gang Wall Plate with XLR Female Port i 1) 150 The Experts XLR Superflexible Balanced Microphone Cable (per foot) 1 Crestron TSW-770-8-S 7 in. Wall Mount Touch Screen. Black Smooth The Experts CAT6-ORG 400,14 Category6 cable 23/4pr - ORANGE, for system control (per foot) 0 1 Optoma UHD50X 4K UHD Home Theater & Gaming Projector ' Chief RPAU 3-axis adjustable universal projector mount 1 Chief CMS036 36" Fixed extension column, black 1 Chief CMA395 Vaulted Ceding Adapter Bracket (black) \N_\ 1 EtherealIB-HDAOCD-065 HDMI AOC cable 18Gbps CL3 rated 65FT with detachable neadsnell " Price includes Accessories Presented By: The Experts Project Name: Community Center A/V Project No.: 2880 $198.84 $79 82 $124.62 $1.840.26 $1.599.00 $229.95 $50.00 $59 99 $329.00 1/19/2021 Page 7 of 11 Exhibit D - Community Center Assumptions and Qualifications Qty Description Price 1 Da-Lite 24739LS 710-5 119" (diag) 16:9 Tensioned Contour Electrol Series, HD Progressive 1.3 white screen, $3.769.95 ' motorized, white The Experts CAT5E-ORG-STRD Category5e cable 2414pr stranded - ORANGE, for system control i per foot) 1 Existing Equipment CABLE BOX - Existing HD cable box - supplied by client's cable TV provider $0.00 " 1 Crestron CBL-HD-3 Crestron certified HDMI interface cable - 3' $40 00 1 Sony UBP-X800M2 4K UHD Blu-ray Player With HDR $299 99 t Crestron CBL-HD-3 Crestron certified HDMI interface cable - 3' $40.00 1 Crestron DM-TX-4KZ-100-C-1G-B-T $1 072 00 DigitalMedia 8G+ 4K60 4:4.4 HDR Wall Plate Transmitter, Black Crestron DM-CBL-8G-NP Digital Media 8G cable. non -plenum (per foot) 1 Crestron HD-XSPA - 4K Ultra High -Definition 7 1 Surround Sound AV Receiver. US/NA. 120V $5,500 00 ` 3 Crestron SAROS SR8T-W-T-EACH $1 277 76 , Saros 8" 2-way surface mount indoorlioutdoor 200w speaker (each. white) The Experts 14/2 14/2 speaker cable. fine stranded oxygen -free copper (per foot. white) • 2 Crestron SAROS PD6T-8-T-EACH $855 70 ' Saros 6.5" 2-way pendant speaker. 70vr100w8ohm. 125w (each, black) The Experts 16/2 16/2 speaker cable. fine stranded oxygen -free copper (per foot. white) I PreSonus ULT18 $1.499.95 1,000W RIMS 18" Powered Subwoofer with Variable Lowpass Filter 1 Ethereal EHV-XLR2 Velox Premium Balanced XLR Cable - 2 Meter $47.59 1 Crestron CEN-SW-POE-5 5-Port PoE Switch $400.00 Price includes Accessories - Presented By: The Experts Project Name: Community Center A/V 1/19/2021 Project No.: 2880 Page 8 of 11 c� Exhibit D - Community Center Assumptions and Qualifications Qty Description — --- - Price 1 Panamax MR4300 Power management system w/ linear level 3 filtration, automatic voltage monitoring, 8 rear / 1 front outlets *� Panamax GRM2205 1 U rack mount kit for Panamax MR4300 = 1 Wall Plate - CATV/Data ■ �e� ' 3 Single -gang wall plate with (1) Cable TV and (1) Data jack *Includes (1) RG6 and (1) Cat6 cable 1 Crestron C2N-CBD-P-W-T $435,00 Cameo keypad w/ up to 8 backlit, custom engravable buttons (each. white/textured) jCrestron CRESNET-NP-TL ***USE PART # Crestron CRESNET-NP-TL-B500, CRESNET-NP- TL-SP500, or CRESNET-NP-TL-SP1000 WHEN ORDERING*** 1 LG 65UH5F-H 65 UH5F-H Series Slim UHD IPS Digital Signage with non -glare coating, webOS $2.170.00 Platform. Cisco & Crestron compatible. & IP5x Certified 1 Sanus VLL51131 $94 99 Flat, ultra -low -profile wall mount for large flat -panel televisions 1 Crestron DM-NVX-360 $1.940 00 DM NVX 4K60 4 4:4 HDR Network AV Encoder Decoder Crestron CBL-HD-1.5 Crestron certified HDMI interface cable - 1 5' Crestron DM-CBL-8G-NP Digital Media 8G cable. non -plenum (per foot) 1 Crestron HD-TX-101-C-1G-E-B-T $560.00 ' OM Lite HDMI over CATx transmitter, wall plate, black textured Crestron DM-CBL-8G-P Digital Media 8G cable. plenum (per foot) 1 Crestron HD-RX-101-C-1G-E-B-T $380.00 DM Lite HDMI over CATx Receiver, Wall Plate, Black Textured 1 Klipsch Cinema 400 2.1-Channel Soundbar System w/wireless subwoofer and bluetooth $299.00 Project Subtotal: $124,431.97 * Price Includes Accessories - --- Presented By: The Experts Project Name: Community Center A/V 1/19/2021 Project No.: 288t Page 9 of 11 1 Exhibit D - Community Center Assumptions and Qualifications MicrPllanPouc Itamc- 1 VIP DISCOUNT VIP DISCOUNT Price Includes Accessories Presented By: The Experts Project Name: Community Center A/V ($6,221.00) Miscellaneous Items Total Project No.: 238C (16,221.00) ($6,221.00) 1/19/2021 Page 10 of 11 Q�, Exhibit D - Community Center Assumptions and Qualifications Project Summary Equipment: $124,431.97 Miscellaneous Parts & Materials: $3,359.59 Pre-Wire/Rough Labor: $5,265.00 Trim Installation Labor: $4,707.50 Finish Installation Labor: $12,153.75 Programming Labor: $19,600.00 Saies Tax 3' 1 366.25 Client: Contractor: The Experts Price Includes Accessories Presented By: The Experts Project Name: Community Center A/V Project No.: Discounts: Grand Total: $175.163.06 Date Date 1/19/2021 Page 11 of 11 Exhibit D - Community Center Assumptions and Qualifications 6805 Southpoint Pkwy Jacksonville, FL 32216 The data contained in all pages of this proposal has been submitted in confidence and contains trade secrets and/or privileged or confidential commercial or financial information. Such data shall be used or disclosed only for evaluation purposes, provided that if a contract is awarded to this proposer as a result of or in connection with the submission of this proposal, the Customer shall have the right to use or disclose the data herein to the extent provided (n the contract. This restriction does not limit the Customer's right to use or disclose data obtained without restriction from any source, including the proposer. Exhibit D - Community Center Assumptions and Qualifications Project Scope _ The scope of this quote is generally described as the installation of Security in the new Village of Tequesta Community Center at Constitution Park. Our quote reflects bringing all Security Systems into the existing Genetec Security Center System which is already installed for the Village of Tequesta. All Security Devices listed within our quote reflect that of the standards developed for the Village of Tequesta. All Security Device placement matches that of what has been listed on the 100% Construction Drawings dated 12/21/20. Clarifications: 1) Security Workstation shall be provided by others 2) POE Switches and IP Addresses shall be provided by others 3) All Electrified Door Locking Hardware and Electrified Hinges by others as listed in the General Technology Equipment Schedule on T801. 4) All CAT6 Patch Panels. Wire managers, and equipment racks shall be provided by others. Exhibit D - Community Center Assumptions and Qualifications Proposal: 22243 Bill of Materials Date: 12/08/2020 2.00 AXIS P3715-PLVE AXIS P3715-PLVE offers two channels with 2MP per channel, at a frame rate of 30 fps. With its unique peanut -shaped dome 3.00 AXIS P3717-PLE AXIS P3717-PLE Network Camera is a compact 8-megapixel camera with four varifocal lenses enabling overview and detailed 3.00 AXIS T94NO1 D AXIS T94NOID Pendant Kit comprises a weathershield and a PENDANT KIT mounting adapter for AXIS P3717-PLE Network Camera. The mountin 3.00 AXIS T91 D61 WALL Chromated and powder coated aluminum wall mount with 1.5" MOUNT NIPS thread for fixed dome pendant kits. Cable routing from beh 2.00 AXIS T91A64 Comer Bracket. Requires AXIS T91A61 Wall Bracket. AXIS P55- BRACKET CORNER series, AXIS Q60-series PTZ Dome Network Cameras, AXIS P33 S 2.00 AXIS M3066-V AXIS M3066-V is an uttra-compact, indoor fixed mini dome with dust- and IK08 vandal -resistant casing for easy mounting o 7.00 AXIS M3065-V AXIS M3065-V is an ultra -compact, indoor fixed mini dome with dust- and IK08 vandal -resistant casing for easy mounting o 1.00 AXIS Q3709-PVE Multi -sensor, day/night fixed dome in an IK10 vandal -resistant outdoor casing Fixed focal. multi-megapixel lenses, focu 2.00 AXIS T94AO2F Aluminum ceiling bracket for Axis PTZ cameras and AXSI Q37 CEILING BRACKET Series for indoor or outdoor use. 3/4" conduit hole on the si 1.00 Ditek DTK- 4 CHANNEL SURGE PROTECTOR SHIELDED ETHERNET. WM41NETS POE AND OPTIONAL POE 3.00 General Cable 23-4P UTP-CMP SOL BC CAT6 FEP/FRPVC BLUE JACKET 7131800 BOXES GENSPEED6 20.00 Commscope CBL ASSY MOD 24-4PR STR CAT6 T568B 5FT BLUE UCIBBB2-0ZF005 UCIBBB2-0ZF005 16.00 Installation Materials 1.00 Freight CCTV Equipment Total $25,881.68 ra Exhibit D - Community Center Assumptions and Qualifications 1.00 LifeSafety Power - FPO150-2D8PE6M1- POWER SUPPLY BOARD 150W, 12A/12V OR 6A/24V 1.00 Genetec SY-LP1502 Mercury Intelligent Controller, Linux Based, 81n/4Out/2Rd (Software Connections included) 5.00 Genetec SY-MR52- Mercury MR52 2-reader interface module Senes 3 (8 inputs, 6 S3 relays, PCB only, software connections included) 1.00 Genetec SY-MR161N- Mercury MR161N 16-input Monitor Module Series 3 (2 relays. S3 PCB only, software connections included) 1.00 Genetec SY- Synergis 11 Cloud Link with 2GB of RAM, 16GB Flash, image CLOUDLINK installed with SynergisT4 access control firmware, four RS-485 3.00 Windy City Wire 4461030-500 1.00 Belden 63000E 18-2C STR BC LSPVC LSPVC JKT NAT CMP 75C 1000' 877U1000 BOXES 9.00 G.R.I. 180-12WG-W 3/4" DOOR CONTACT W/ 9" LEADS WHITE CLARK #471478 8.00 G.R.I. 195-12-W 3/4" DIAMETER DPDT RECESSED DOOR SWITCH 3.00 ALARM CONTROLS TS-18 Door Release Pushbutton, 4 Ampere at 28 Volt DC, SPDT Contact, 2" Length x 1.5" Width x 1" Height, ABS Plastic, Black 10.00 Genetec RDR, RP40. MULTICLASS, SE E, LF STD, HF STD/SIO/SEOS, 920PTNNEK00000 WIEG, PIG, BLK, STD-1. LED RED, FLSH GRN, BZR ON, CSN 32-BIT MSB, 10.00 Bosch DS160 REQUEST TO EXIT PIR LIGHT GREY 1.00 Freight 10.00 Installation Materials Access Control Equipment Total $43,164.13 Exhibit D - Community Center Assumptions and Qualifications 1.00 XR150DNL-G 142 ZONES, DIALER/NETWORK, 350 GRAY ENCLOSURE, 50 VA TRANSFORMER 1.00 1100XH-W WIRELESS HIGH POWER RECEIVER FOR XR100 & XR500 SERIES PANELS 12.00 1102-W UNIVERSAL WIRELESS TRANSMITTER, EXTERNAL CONTACTS ONLY 4.00 1127C-W WIRELESS WALL MOUNT, CURTAIN PIR 2.00 9862-W WIRELESS GRAPHIC TOUCHSCREEN WITH PROX, WHITE 1.00 Belden 63000E 18-2C STR BC LSPVC LSPVC JKT NAT CMP 75C 1000' 877U1000 BOXES 1.00 Belden 6302UE 18-4C STR BC FRPVC FRPVC JKT NAT CMP 75C 1000' REEL 8771000 10.00 G.R.I. 180-12WG-W 3/4" DOOR CONTACT W/ 9" LEADS WHITE CLARK #471478 2.00 G.R.I. 4400-A 4400-A INDUSTRIAL SURFACE MOUNT CONTA 1.00 CMS Monitoring - 1 Year 1.00 Freight 12.00 Installation Materials Intrusion Detection Equipment Total $11,270.35 4 Exhibit D - Community Center Assumptions and Qualifications 16.00 Genetec GSC-Om-E- 1 camera connection 1C 16.00 Genetec ADV-CAM- GenetecT" Advantage for 1 Omnicast^ Enterprise Camera - 1 E-1Y year 1.00 Permit 1.00 Genetec GSC-I AP- 1 DMP intrusion panel connection. Requires the GSC-AP-Base DMP and one of Standard, Professional or Enterprise packages (Syn 1.00 Genetec GSC- 1 Standard Connection to an Intercom Station (requires GSC- Sipelia-1SIP-STD Sipelia-Base) 1.00 Genetec GSC- GSC Sipelial Base Package Sipelia-Base 1.00 Genetec ADV-SIP-S- Genetec "AAdvantage for 1 SipeliaT'" Standard Intercom 1Y connection - 1 Years 1.00 Genetec SV-2011 E- StreamvaultT 2000E Appliance - 1 U 4-Bay StreamvaultTM R4-24T-8-236 Appliance 24TB (1) Xeon E-2236 16GB RAM (2) 240GB M.2 SSD (3) 8TB Head End Total $21,185.19 11 Exhibit D - Community Center Assumptions and Qualifications Community Ce Phone 1.00 TALKAPHONE I ETP- WM Brushed Stainless Steel Wall Mounted Phone Station with Integrated Blue Light/Strobe and Faceplate Light, 120VAC 1.00 TALKAPHONE VOIP-600E3 IP Call Station, Emergency, 1-Button, Wall Mount, 12 Volt DC, 24 Volt AC/DC, IP66, Brushed 316 Stainless Steel Faceplate 1.00 Ditek DTK-MRJPOE 1.00 Superior Essex 04- 001-68 1.00 Freight 1.00 Installation Materials 1.00 TALKAPHONE AVM-1 IP Video Attendant Station, Wall Mount, 100 to 240 Volt AC at 50/60 Hertz, 12 Volt DC, 1.5 Ampere, 18 Watt, 7" Touch Screen TFT LCD Display, 9.9" Width x 8.3" Depth x 3.3" Height POE SURGE PROTECTOR 4 PAIR, RJ45 IN/OUT Copper Cable, 4 Pair, 23 AWG BBD6 1000 RL Emergency Phone Total . $10,136.09 I Total Proposal Amount I Grand Total $111,637.44 1 Exhibit D - Community Center Assumptions and Qualifications Conditions and Clarifications Include Exclude Include Exclude System Shop Drawings X Cable D-rings/ hamessess X Submittals X Door Locking Hardware X Permits X Door Frame Preparation X System Training by MECO X Patching and Painting X Structured Cabling X Core Drilling X 120VAC Power X Wall Penetrationsisleeves X Conduit Stub -Ups X Fire Stopping X Device Back -Boxes X Network Switches X Raceway & Rough -in X Personnel Lift Equipment X Surge Protection X Grounding and Bonding X Clarifications Any custom millwork and fabrication provided by others Conduit raceway, unless specifically included in this proposal scope. is provided by others and must be properly sized per NEC and include a pull string Any required lighting, emergency lighting or signage provided by others Any required scaffolding provided by others Any cable to be installed as part of this project scope is assumed to be installed prior to the installation of the ceiling grid or framing Raceways must be provided above inaccessible ceiling spaces. All hazardous materials abatement and removal by others Any AHJ requirements to bring the building or portion of the building up to code is excluded from this scope of work Miller Electric labor is provided during normal business hours Monday through Friday from 8:00 AM - 5:00 PM Overtime is not included and may be charged additionally Deliveries will be made during normal business hours. Overtime delivery is not included. Maintenance of the network, firewalls, antivirus and defending the integrity of the network against cyber attack is provided by others Software maintenance, version upgrades and other administrative data entry (i.e. entry of cardholder data) are excluded unless specifically included in the proposal scope. Taxes are excluded unless specifically shown as included in pricing summary lines. Miller Electric will dispose of Miller Electric created trash daily within Jobsite provided containers. Final testing and system delivery are included as per the project schedule only System control code will be turned over after the final payment is received Exhibit D - Community Center Assumptions and Qualifications Proposal: 22243 Acceptance Date: 12/08/2020 Proposal: Tequesta Community Center Security Install The following documents in this proposal are considered binding include: Scope of Work, Bill Of Materials, Terms and Conditions Where Applicable Proposal Accepted: Miller Electric Company is authorized to proceed with the work as proposed. This proposal is valid for 30 days from 12/08/2020 Purchaser Seller Miller Electric Company By Title Signature Date PO# By Ben Murdock Signature Date The above persons represent that they are authorized to sign and execute this binding agreement. This acceptance indicates understanding of the complete proposal, including clarifications, design, programming, drawings, ownership, software licenses and the Warranty. REG ARCHITECTS VILLAGE OF TEQUESTA COMMUNITY CENTER HOBENSON PRUCEIN 1750 Old Okeechobee Rd West Palm Beach, FL 33409 561-683-0635 Exhibit D - Community Center Assumptions and Qualifications TABLE OF CONTENTS WOMEN'S RR 106 MEN'S RR 105 UNISEX RR 104 WOMEN'S RR 109 WOMEN'S RR 107 MEN S RR 108 STORAGE ROOM 118 LOBBY OPEN WORK SPACE KiD'S ZONE December 10, 2020 REG ARCHITECTS 2 3 6 10 13 16 19 22 23 24 26 Exhibit D - Community Center Assumptions and Qualifications WOMEN`S RR 106 AMSTANDARD A3043001020 KOHLER K2297-0 AMSTANDARD A5901100020 KOHLER K5027-1-0 i f� AMSTANDARD A6065161002 KOHLER K5031-0 Exhibit D - Community Center Assumptions and Qualifications WOMEN'S RR 106 • AMSTANDARD A2506155002 AMSTANDARD A605XTMV1070 PROFLO PFGD101 SOBRICK 882013 PROFLO PFGD100 30BRICK 383949 0 Exhibit D - Community Center Assumptions and Qualifications WOMEN'S RR 106 BOBRICK 882890 PROFLO PF6836BS4 BOBRICK 835139 PROFLO PFG842BS4 BOBRICK 881651836 Exhibit D - Community Center Assumptions and Qualifications MEN S RR 105 1 0 tki. AMSTANDARD A3043001020 AMSTANDARD A6065161002 AMSTANDARD 45901100020 7 �i Ink— m • • �� Ay KOHLER K4991-ET-0 KOHLER K7531-CP KOHLER K2297-0 �uart,ty 2 Exhibit D - Community Center Assumptions and Qualifications MEN'S RR 105 KOHLER K5027.1-0 Quantity I P AMSTANDARD A2506155002 Quannty 3 KOHLER K5027-1-0 KOHLER K5031-0 �ua^trri AMSTANDARD A605XTMV1070 PROFLO PFG0100 ,�11 ow Exhibit D - Community Center Assumptions and Qualifications MEWS RR 105 PROFIO PFGD101 BOBRICK 882890 z .. I BOBRICK 882013 808RICK 883949 Duartity 3 BOBRICK 881651836 PROFLO PFG8365F2 Exhibit D - Community Center Assumptions and Qualifications MEN'S RR 105 'YOFLO PF6842SF2 G.BAR -ANC SCRY/ S` 5A'' December 10, 2020 REG ARCHITECTS �. 9 Exhibit D - Community Center Assumptions and Qualifications UNISEX RR 104 AMSTANDARD A3043001020 AMSTANDARD A6065161002 OuamjtY KOHLER K5027-1-0 KOHLER K5027.1-0 AMSTANDARD A5901100020 KOHLER K5031-0 Exhibit D - Community Center Assumptions and Qualifications UNISEX RR 104 T AMSTANDARD A2506155002 Quan,ity BOBRICK 882013 AMSTANDARD A605XTMV1070 BOBRICK 381651836 PROFIO PFGD101 BOBRICK 883949 Exhibit D - Community Center Assumptions and Qualifications UNISEX RR 104 BOBRICK 882890 PROFIO PFG842SF2 BOBRICK 8KB110SSRE �uantiry 7 PROFIO PFG836SF2 Exhibit D - Community Center Assumptions and Qualifications WOMEN'S RR 109 AMSTANDARD A3043001020 KOHLER K5027-1-0 :; .a --- I, AMSTANDARD A6065161002 AMSTANDARD A5901100020 C jj KOHLER K5027-1-0 KOHLER K5031-0 Exhibit D - Community Center Assumptions and Qualifications WOMEN'S RR 109 T • AMSTANDARD A2506155002 AMSTANDARD A605XTMV1070 RROFLO PFGD101 BOBRICK 862013 BOBRICK 883949 SOBRICK 882890 �uarufr t (I Exhibit D - Community Center Assumptions and Qualifications WOMEN'S RR 109 a n SOSRICK 835139 BOBRICK BKB110SSRE PROFIO PFG842SF2 IT PROFIO PFG836SF2 Exhibit D - Community Center Assumptions and Qualifications WOMEN'S RR 107 AMSTANDARD A3043001020 AMSTANDARD A6065161002 AMSTANDARD A5901100020 KOHLER K5027-1-0 KOHLER K5027-1-0 KOHLER K5031-0 Exhibit D - Community Center Assumptions and Qualifications WOMEN"S RR 107 T AMSTANDARD A2506155002 AMSTANDARD A605XTMV1070 PROFLO PFGD101 BOBRICK 882013 BOBRICK 883949 BOBRICK 882890 (3 Exhibit D - Community Center Assumptions and Qualifications WOMEN'S RR 107 0 SOBRICK 835139 SOBRICK 881651836 �.artm, PROFLO PFG842SF2 C, PROFIO PFG836SF2 Exhibit D - Community Center Assumptions and Qualifications MEN'S RR 108 AMSTANDARD A3043001020 KOHLER K5027-1-0 Q-ar-r, , AMSTANDARD A6065161002 KOHLER K5027-1-0 r a-n-, AMSTANDARD A5901100020 KOHLER K5031-0 Exhibit D - Community Center Assumptions and Qualifications MEN'S RR 108 `T • AMSTANDARD A2506155002 AMSTANDARD A605XTMV1070 PROFLO PFGD101 BOBRICK 862013 SOBRICK 883949 BOBRICK 662890 Exhibit D - Community Center Assumptions and Qualifications MEN'S RR 108 BOBRICK 881651836 '8X36 SS C -IAN =RM ::LS MIR PROFLO PFG836SF2 PROFLO PFG842SF2 Quantity: 1 Quantity- December 10, 2020 REG ARCHITECTS 21 -02 _ry^uscrr "rrerorrses �I Exhibit D - Community Center Assumptions and Qualifications STORAGE ROOM 118 } PROFLO PFM82424 P90FLO PF1119 PROFLO PF245 li� Exhibit D - Community Center Assumptions and Qualifications LOBBY ELKAY EEZOOTL8WSLK Al Exhibit D - Community Center Assumptions and Qualifications OPEN WORK SPACE SIGNATUREH SHSKDM2522Z4 3uartlty 1 INSINK ISADGERSWC 1_a-- SIGNATUREH SH171SS Ouanuty ' GEAPPLIANC GGIE22JSNRSS 1 .. --iry . .• L' l MOEN M7565ESRS GEAPPLIANC GGOT226SSLSS Exhibit D - Community Center Assumptions and Qualifications OPEN WORK SPACE GEAPPLIANC GPES7227SLSS :.uar<r� , PROFLO PFX14620S �uantit�{ � PERLICK PH80CIMSADL PERLICK P63802A Exhibit D - Community Center Assumptions and Qualifications KID'S ZONE 4- jEs • i .J ir 8LANC0 8518168 SIGNATUREH SH171SS MOEN M7565ESRS ��,.ar•t:r� � ��antity 1Udr�. n. ULINE UUADA24RS138 Exhibit D - Community Center Assumptions and Qualifications PR6VZskwis Seller is unconditionally committed to customer service and satisfaction. Seller's commitment to helping its customers under the terms of manufacturers' warranties is a fundamental principle of our customer service philosophy. Filing the claim with the manufacturer and coordinating the remedies under the manufacturer's warranty is the role that Seller as the wholesale distributor assumes. Extended warranties may be available on certain products for an additional charge from a third party surety company. Contact your sales associate for more details. Warranty Disclaimer. Seller disclaims express or implied warranties including, without limitation, all warranties of merchantability or fitness for a particular purpose. Under no circumstance shall Seller be liable for any consequential or incidental damages. Buyer's sole and exclusive liability against Seller shall be limited to the product's sales price in all cases. Nothing above is intended to limit Buyer's recovery directly from the manufacturer. Exhibit E - Community Center Drawing Log HEMCK ■ 0; BROTHERS 0 0 CONSTRUCTION FebruarN 2, 2020 Document List DRAWING LOG - Village of Tequesta Community Center at Constitution Park AK%-H1 I EC I - REG Architects Interiors Planners SHEET NO. DESCRIPTION A-0.00 "MCI FORMATION FORMATION - - IN DATE A-0.01 --- - ARCHITECTURAL SITE PLAN 12- 18,2020 -- ---- A-0 02 - - ARCHITECTURAL SITE DETAIL PLANS & ELEVTIONS 12/I82020 A _ `. LIFE SAFETY PLAN_ 12/18/2020 - A-L00 - - 1ST FLOOR PLAN . - l2/182020 A-L10 - -- ----- IST FLOOR DDrtENNSION PLAN 12/18/2020 - -- A-1.30 _ — IST FLOOR REFLECTED CEILING PLAN —l2/18n020 A-1.30 ROOF PLAN - � � _ w182020 _ — -BUILDING- A-2.00 ELEVATIONS l2/I82020 ..._-.— A-2.10 - - .. BUILDING ELEVATIONS 12I18/2020 -- A-220 -I ELEVATION DETAILS 12/ 1812020 ---- A-230 _ ELEVATION DETAILS - l2/18/2020 - A-3.00 BUILDING SECTION 12/18/2020 - A- 3 IO W 12/18/2020 • ALL SECTIONS - -- — A-3.20 WALL SECTIONS A� 00 ENLARGED BATHROOM PLANS & ELEVATIONS A�4.1D ENLARGED BATHROOM PLANS & ELEVATIONS A�.20 ENLARGED EXTERIOR RESTROOM FLOOR PLA S &ELEVATIONS - -- .._. A-430 WORKSPACE/STORAGE FLOOR PLANS & ELEVATIONS A -5.00 DOOR AND WINDOW SCHEDULE -- - A-5.10 DOOR & WADOW DETAILS -- A-5.11 DOOR & WINDOW DETAILS A-5.20 LOUVERS SCHEDULE & SIGNAGE A-5.30 ROOF DETAIS A-5.40 ROOF DETAILS A- - 6_00 _ 1ST FIAOR FINISH -- PLAN A-6.01 1 ST FLOOR FIJRNITITRE PLAN A-6.02 MILLWORK/RECEPTION DESK PLANS & ELEVATIONS A-6.03 ENLARGED FURNITURE DETAILS A 6.10 FINISH SCHEDULE -- __- S-1 FOUNDATION PLAN ROOF FRAMING PLAN S-3 STRUCTURAL NOTES S� SCHEDULES & TYPICAL DETAILS S-4.1 TRUSS ELEVATIONS --- - -- S4.2 SITE STRUC7UR_ES S-5 SECTIONS _ S-6 SECTIONS S-7 SECTIONS M000 .. MECHANICAL COVER SHEET - M101 - MECHANICAL FLOOR PLAN_ M102 MECHANICAL ROOF PLAN ............. 4601 MIECHANICAL DETAILS - 4701 MECHANICAL SCHEDULES M801 MECHANICAL CONTROL DIAGRAMS P000 PLUMBING COVER SHEET PI PLUMBING SITE PLAN P101 PLUMBING SANITARY FLOOR PLAN P 102 PLUMBING DOMESTIC FLOOR PLAN P I03 PLUMBING ROOF PLAN -- P401 PLUMBING ENLARGED PLANS_ P501 PLUMBING ISOMETRICS - 4502 PLUMBING ISOMETRICS -- P503 PLUMBING ISOMETRICS 12/182020 12/19/2020 _ 12/18n020 12/18n020 12/i 8n020 - 12/182020 _ 12/182020 12/19/2020 _ iZtsn_o2o_ _ 12/18/2020 12/192020 _ 12/18/2020 12/18/2020 -_ 12/18/2020 - 12/18/2020 12118_2020 12/18/2020 12' 18;2020 12/18/2020 12/18/2020 1V18/2020 12/ 18/2020 12/l8/2020 12/182020 12/18/2020 l2/182020 _ 12/212020 1221 /2020 12/21 /2020 l2/212020 12212020 12212020 12212020 221 /2020 I2/21 /2020 12/21/2020 12/21/2020 _ _ L2212020 12/21/2020 _ 12/21/2020_ 1221 /2020 Exhibit E - Community Center Drawing Log P601 PLUMING DETAILS P701 _ _ PLUMING SCHEDULES - -- — --._00 -. E000 - ELECTRICAL COVWET - -- iRkSSHEE 12/2112020 - EOOI -- ELECTRICAL SITE PLAN __ -_ _ - 12212020 E301 ELECTRICAL FLOOR PLAN 12212020 — E302 12/212020 ELECTRICAL ROOF PLAN E401 LIGHTING RCP PLAN E501 ELECTRICAL ONE LINE DIAGRAM E601 - ---- - ELECTRICAL SCHEDULES E602 ELECTRICAL SCHEDULES E701 LIGHTING DETAIIS 702 POWER DETAILS FA301 FIRE ALARM FLOOR PLAN T000 TECHNOLOGY COVER SHEET TOOL TECHNOLOGY SITE PLAN T301 TECHNOLOGY LEVEL 1 FLOOR PLAN T501 - --- TECHNOLOGY ENLARGED PLav - T50-2 TECHNOLOGY RISER DIAGRAMS 1701 - TECHNOLOGY DETAILS T702 TECHNOLOGY DETAILS T703 TECHNOLOGY DETAILS - T801 - - TECHNOLOGY SCHEDULES - _ T802 _ TECIiDIOLOGY SCHEDULES FPOOO FIRE PROTECTION COVER SHEET FP30I FIRE PROTECTION FLOOF PLAN FP701 FIRE PROTECTION DETAILS CVR_ COVER SHEET PAGE l OF 2 —2 SURVEY SHEET PAGE OF 2 SURVEY SHEET COV COVER SHEET Cl DEMOLITION & POLLI,TION PREVENTION PLA\ C2 PAVING, GRADING, WATER .AND SEWER PLAN C3 GEOMETRIC, SIGNING AND MARKING PLAN C4 PAVING, GRADING & DRAINAGE DETAILS CS PAVING, GRADING &DRAINAGE DETAILS C6 -- - WATER AND SEWER DETAILS — - - - C7 DETAILS AND NOTES SHEET I OF 2 _.._. S1TE PLAN SHEET 2 OF 2 _ D SITE ETAIIS SHEET I OF 2 LANDSCAPE PLAN LP 2 OF 2 LANDSCAPE DETAILS I.SHEET l OF I TREEMALM REMOVAIJ?ELOCATION PLAN CP 2 OF 2 -- - - ILRIGATION DETAQ.S SHEET I OF 2 IRRIGATION PLAN PH-1 PHOTOMETRIC PLAN - l IP21/2020 12212020 -- _ Ol/12/2021 REV 6I/12/2021 REV I2212020 1221/2020 - - 12212020 12/21/2020 1221/2020 Ib'21/2020 12212020 12/212020 - I2i2U2020 l2 212020 12212020 1221/2020 122l/2020 12212020 I2212020 12212020 - 1212112020 12/19/2020 6/172020 REV 6;172020 REV 11/8/2020 REV 12, 182020 REV 12,'18/2020 REV 12/ 18/2020 REV 12/182020 REV 12/182020 REV 12/18i2020 REV - 12/182020 REV -12/112020 12/11/2020 12/142020 12/14/2020 _._ l2/IM'2020 12/18/2020 _ 12/18/2020 1211 W020 REV Exhibit F - Community Center Allowances 3 HEDRICK BROTHERS CONSTRUCTION Allowances 1) ;Allowance for Laticrete polished concrete floor system as scheduled (pending final determination of ;finish -.. grit specifications). _ - i $ 9.028.00 2) - ;Allowance of for interior and exterior signage as scheduled (pending owner approval). T— - $ 00 3) !Allowance for one (1) green wallscape feature in Lobby and one (1) green waliscape feature per A- i 28 443 6.00. $ 15,841.00 4 Allowance for four (4) type "S21" fixtures not specified. ' ;Allowance for two 2 � _ (.1 ype'SE" fixtures not specified. t , $ '0- IAllowance to relocate existing site lighting poles to west Elevation 600.00 6) of New Community Center (allowance includes new light fixtures at relocated site lighting poles). $ 10.000.00 7) Allowance for repairs to sod due to renovations to existing park pathway. c f - $ 8) - _ ;Allowance for renovations to existing - _..__ 9 Park pathway (milling, asphalt and header curbing). - $ 10.000.00 110.286.00 9) - ;Allowance for colored sealcoat at new and renovated asphalt park pathway. $ 50.787.00 Exhibit G - Construction Manager's Labor Rates ■ ■ ■■■ ■ M3 HEDRICK BROTHERS C O N S T R U C T I O N SCHEDULE OF LABOR RATES Position Rate Unit Director of Preconstruction $180.00 Hour Preconstruction Manager $160.00 Hour Senior Estimator $140.00 Hour Estimator $90.00 Hour Estimating Coordinator $52.00 Hour Project Executive $210.00 Hour Senior Project Manager $132.00 Hour Project Manager - Level 2 $126.00 Hour Project Manager - Level 1 $100.00 Hour Assistant Project Manager $85.00 Hour Project Administrator $58.00 Hour Project Coordinator $52.00 Hour Controller $97.00 Hour Accounting $52.00 Hour Assistant Superintendent $62.00 Hour Superintendent — Level 3 $110.00 Hour Superintendent — Level 2 $95.00 Hour Superintendent — Level 1 $85.00 Hour Safety Inspector $58.00 Hour Foreman $65.00 Hour Trim Carpenter $60.00 Hour Carpenter $55.00 Hour Apprentice $37.00 Hour Laborer $32.00 Hour Truck Driver $46.00 Hour Permit Expeditor $69.00 Hour Information Technology (IT) $86.00 Hour Director of VDC $124.00 Hour VDC Manager $100.00 Hour 2 Revised: 1 15.16