Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
039-2013 - Metro - Donathan's Inspections and removals of asbes (2)
Owner's Financial Capability Product Data, Definition of 2.2.1, 13.2.2, 14.1.1 3.12.2 Owner's Liability Insurance Product Data and, Samples Shop Drawings 11.2 3.11, 3.12, 4.2,95 4`;2 7.10, 4.2.14 ' Owner's Relationship with Subcontractors Progress and Comp'letion L 1:2; 5 2 i, 5.3, 5.4.1, 9.6.4, 9.10.2, 14.2.2 8.2, 9.3.1, 9.4.2, 9.6,:9.8, 9.10, 14.2:;4, 15:1- i rvit.erTsRight to Carry Out the Work Progress --payments,- 24 122, 14.2.2 9.31,9.42,9'06 s Right to Clean UP Project, Definition of - Constru¢tion>wxtia=Qw Project Reptsentat ves r Contracts 4.2.1.6 -- Property Insurance Work 11.3 Project Schedule te. Work 3.10.1, 3.10 3, 3.10A, 4.2.2 4.2.3, 4424 PROTECTION OF PERSONS AND ;PROPERTY }Contract 10 Regulations andtaWs s; Specif"icatxdog .'.. . ` 1.5, 3.2.3, 3,,6, 3.7, 3.1.2:10, I13. 4".1..1, 9 6A.- 9.9.1, .102.2, 1 L,1; 11.4, T 3.1, 13.4, 13.5.1, 13.52,116, 10, 3.17, 4.2.M, 14 1 ld,7 142,1, 15.2,8; 15.4 ' ,Relectton_of Work Ai 3' 5, 4.2:8,12.2.1 } Releases of and Waivers and of i dens 9102 Representations �zes 7. I.3, 2.2.1, 3.5, 3.12, 6:2.2, 8.2;.15 9.3. 3,`9.4 3, 9.5.1, 9.8.2, 9.10.1 a .3, 9.4, Representatives 9.5, 93, 2.1.1, 3.1.1, 3.9, 4 1 1, 4_'2 1, 4 2.2, 4210, 5.1.1; 5.1.2, 13.2 1 - Requests for. Womation 4:2.15,739,°=93,991>9.6.6,9.7,9:10.1, 4.2.20 r, 9.I0.3,14.1.1.�35... 0PAymentj Failure .off... ,e9:44.1, 9 5,'9:7; y ,,::.Payment, Final ' 4.2.1, 9,,8.2, 9 1D 1' < 2, 111.1.1, 11.3.5, 12.3; 15.2.1 Paym:ent.Bo d, Performance Bond and 5.4.1,737,91�7,9:!� ,9.103,11,11.4 'Payments, Plrbgress' 1-`9.3.1, 9.4.2, 9.6 PAYMENTS AND COMPLETION 9, 14 . Payments to Subcontractors `5.42, 9.3, 9.5.1.3, 9.5.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 9.'10.5, 142.1.2 'IPCB 10.3.1 Performance Bond and Payment Bond r 4,1,737 96,,t,9.102,910 11 114 ernril , e h�'of�ce8 and �ornpliance with Laws fH22 2,:7y"7; I0 2 ' I -s; 1V'S J PROPERTY, PROTECTION OF r , 10 Polychlorinated Biphenyl 10.3.1 snit. Resolution of Claims and Disputes 15 Responsibility for Those Performing the Work 3.3.2, 3.7.3, 3.12,8, 3.18, 4.2.2, 4.2.514.2.8, 5:3, 6.1.2, 6.2, 6.3, 9.5.1, 9.8.2, 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 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner, Construction Ma-zager and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 5.2, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12.5 Rights and Remedies 1.1.2, 2.3, 2.4, 3.7-4. 3 1,52, 4 2 8' 5.3; 5.4, .6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9,7,11J 2. ; 10.3, 12.2-2, 12.2.4,13.4,14,15.4 Royaltiesr Pate_nfs and Copyrights 3.17 Rules and Notices for Arbitration 15.4 AIA Document A232T" — 2009 (formeriy A201-CMa—1992). Copyright O 1992 and 2009 by The American Institute of Architects. All rights: reserved. WARNING- This Ale ocioument.is protected by U.S. Copyright Law.and.lnternational Treaties. Unauthorized reproduction or distribution of this ALA Document, or any portion of it, may result in severe civil grid ariminal.pena€ties, and will be -prosecuted to the mai:imum extent possible under the la%v. Purchasers are not permitted to reproduce this document: To report copyright violation's of ATA Contract Documents, e-mail-The American Institute of Architects' legal counsel, copyright@aia,org. 7 Safety of Persons. and Prtfpee Substaufial Completion, 10.2, 10.3, 10.4 Safety Precautions and°Pxogr Substitution of S.ubconr0ctors;. 3.3.1, 3 12; 4.2.5, 5.3,101 10 } i0�3 1b 4 5,2.4 efinition of Substitution of Archite9t RM 35 4 1.4 5 � .0 hop Drawbrgs.,1'anti Substitution Coostr�h 31r, ,4.2.9,4210. 414 r 0' at the Site, Doc � ent5 Subs it taa s of Matet t � - >- 4 2, ut r scheule of Values _tb-subcptactor,oixnt�ox `9.3:1 51 2 � slules, C' trtictt F t7bsuriac6 Conditionsgxz 6' 1 2 1` rate Cs a actors Successors and Assigns x 4211 4,13.1�1,1 i_ 412 Dr 4�upermtendent 39,102.6 p s, art . = ad mules ;;Supervision and Coisil uctioir Pracdures i 2,2, : 3 4,• 1 14; xl 2s# 4: 5 4.''k �4 21; �Yt M1 4210,4211,613}624,7,3.7,gr 2,Fx 9 4 3 3 1t1,:12, 14, y 3� 4 9. 31, _ .a ety l '� 3 4115,94:.33, �1,2,8:5;9.T02,9.13,.1 �:42251�27 9 , 0 Prety, Consent of r, Sr#e Vittc1 - vs 9 i0:2, 9.I0.3 3.7.4� �� 2 4 2x �9_10 1, 13 5 Surveys Spepjl r 1 spec on 1 1. 7, 2:2 3 - 4 2:$, 1�L', 13a x�<. Suspension by the Owner for Con+vitteince. Specizcai�btsittorry� 14.3 1 1.0 Suspension of the W.gf4c ! Speraiicns 5.4.2, 14.3 1.3 ,1 > 1 2.21 5, 3 1 ALA2410; 3.17, 42._14 Suspension or Terminationofthe:Contra:4t Sta 15..4.I.1, 14 Tapes f Sta uta o Lxmttatt 3.6, 3.8.2.1, 7.3.7.4 4, ' 12:2.5, lx �E �1 Termination by .the Contractor r Stop.. Wk 14.1, I5.1.6 731.3,". Termination by the Owner for Cause E Stor d-9vfa teals 5.43.1,14.2, 15.1.E r 6.2.1 Y .2 � Q.2.4, Termination by the .Owner for Convenience E 4, r <Stbcontraztir,=l7efn©n of 14.4 5.1.1 Termination of the Contractor SUBCONTRACTORS 14.2.2 g TERMINATION OR SUSPENSION OF THE. - Subcontractors, Work by CONTRACT i 1.2.2, 3.3.2, 3.12.1, 4.2.5, 5.2.3, 5,3, SA 9.3:1;2, 9.67 . 14 ' Sub.contractual Relations Tests and Inspections 53 5..4,9.3.1.2,9.6.2,9.6.3,9.10,10.2.1,141 14.2 3.1.4,3.3.3,4.2.2,4.2:6,4.2.8,9433,�-983 99.2,.: Submittals 9.10.1, 10.3.2,12.2.1, 1.3.5 n 323,r3 10,311,3.12,4.2.9 42IQ 421.,5.2:1, TIME 52 �a 3,98,9911U:2;9.103,11.1.3 8 Sttbt. -4 f( i�be e Time, Delays and E�ttensilo S.-of 3.10.2 ..i2.., 9, r214# 3.2.4,3.74,52°. ,7.2,7.3.1.,7.4,8.3,95.1,1Q3.2, s . 3.2, i5o�tWvrs'br6. , of 6.1.1, 113:7 Substantial Completion 8.1.1, 8.1.3, 82.3, 9.4.3.3, 9.8, 9.9.1, 9.10-3, 12.271, 12.2.2, 13.7 AIA Document A232"" — 2009 (formerly A201 tCMa 1992),:Copyfight b 1592 and.2009 by The American institute of Architects All rights reserved. Inif. ,ARMING: This AlAe Document is protected by US_ Copyright %ate .ar•a international Treaties. Unauthorized reproduction or distribution of this 8 RSA' Document, or any portion, of it, may ret it. in severe civ'sl and criminal .penalties, and wi?l be prosecuted to the r;mximurn extent possible under thq late. Purchasers are riot permitter) to reproduce this documdnt. To report -copyright violations of AIA Contract Documents., e-mail The American Institute of Architects' legal counsel, copyright@aia:org. Time Limits 2.1.2, 2.2, 2.4, 3.2.2; 3.10, 3.11, 3.12.5, 3.15-1, 4.2.1, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.11, 9.3.3, 9.4.1, 9.4.2, 9.5, 9.6, 9.7, 94, 9-9, 940; 11-1.3,.11.4, 122; 13.5,, 13.7, 14, 15 7 { F Txri i�?>Iits on Claims k M 3.3.4,1� - 88, 13.7, 15.1.2 - title to Work x ^x _ �-, �rat>;smission of Data in D:�i'�1,Fortn y L i mcoverin . r y xS. r 3`: L �i bresech" w itio l '' `�cealed. or L3 own. ��� 7133.2,E 3.41 L1Se alooine�R: 1Yw 11� 2 2 d 6 o#e Y 3:13, 6 1 6 2 1.A 3 - "values, SO-66- ttie lW a AZ 9 3 1 t Waiver ofe zly�t 'Waiver of CIazms b t l Cr3tastr ction Manager ' 13.412 Waiver Gf aims b the.i i etoi �• 9.10.5., 13'42, 1.5 1;6`"�� ��t.= Waiver4- C1alna tlxei her 99,3,9c10-3, 910.' 12.2.2,113.4.2, 14.2.4;15.1.6 WMVer of Consoqes 14..2,4, 15.1.E =. Waivenof Liens 9.10.2 9_10 4 Waivers ofSubrogu#ion 6,1.1 4i.3.7 Warrani<y 35, 4.2.15, 9.3.3, 9.8.4, 99.1, 9.10.4, 12.2.2, Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4-2, 3.7-4, 3.12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 10.3.2, 11.4.1, 13.2, 13 4 2a 15.4.4.2 Written Interpretations 4.2.17, 4.2.18 ` WrittmN6fice 2 3, 2.4, 3 31 3 ; 3.12 93:12 10, 5.2.1, 5.3, 5:4.. i.1, 12.2.4,13.6�5_;:2, 14; 15.4. I Written Orders 1.1.1, 2-3, 3.9, 7, 8.2:2, 12.1, 12.2, 13.5.2, 14.3:1, 15.1-2 ; AIA Document A232T1' — 2009 (formerly A,201 T CMa:-199.,2). Copyright @ 1992 and_2009 by The American Instttut :of Architects. All rights reserved. I Init. WAkNING: This AlA® Document is protected by tJ,S. Copyright Law and International 'treaties: tlrtat6briii=d rsproduction or distribution of this 9. Ate Document, or any portion of.lt, may result in severe clvll and.orlminal penalties, and will be prosecuted to the maximum extent possible ender the law. purchasers are not psr nitfed.to reproduce this document. To report copyright violations of AIA. Contract Documents, e-mail Tbe American � Institute of Architects' legal counsel, copyright@aia.org. j ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitibbs. § 1.1.1 The -Contract.Documents The Contract: Documents are enume10cil ni tkie A- reV-- t:betwee.h the Omer and ��q Cantkactot {hereinafter the Agreement) and consist of the Agrcemmt,.Conditions of the ConWLet (Oerteral, , Siipplitary and other Conditions); Drawings Specifieatiozis Addenda issued prior to exzctttaan ofe Contract �`t��r t3cCxnents listed inthe Agreement and 1Vladifications issued alter executtozr of-tlre Contract Aftdification i�.. . (1) a wzitien atriendment to the Contract 4gned'by hotli:parties, (2) a C ian.>d Or -der; �(3) 4Cortstnzction Change- #T D or {4) a written order for a minor chaiti<ge in the�Work issued by t11e Architect Unless, specifically erafed in the Agreement, t Contract Dory iinents rlo .not include i - a*wOba a or iiTvitatlan €fit bad, . iisti fictions to Bidduzzi attiple forms,. other infoisnatioii furnished by the Ownez iri nticipation of receiving bids or pia ,osals, the --Contras bid, or prop.qsal, or. porti6h's of addeA& relWN k re igirezrrients >- p §.��1.2 The tE� ct.ntract DocutiienYs forth theContract for Conviction The Contract reps es> ttts the entire = Y r5 ntegra - ee : een the parties hereto and super edes prioz ncgotiaticiiisx represeta#atioris or agreeineirtss j r r wri ." f ; ra = of tract may be ameoded or iriodifted only , ley M-bdifrioation The Contract �acun�ents. Inot .. on taro " reat�. contractual relationship of any kind (I) between the Conkractox and ilte Arch tecY c i ierc' ark 1�is," tweed the Owner and the Constructioi�.nager or the Constttictioxi lvianaer's coz�su} , b.�''`t ea and the Architect or the Architect'sonsiltarits, (4);biytweeri the Controls#or and e ep o e Construction Manager's consultants, (5) between the Owner and a.S[ilcantr2�toz olr y dub a b a 4 lie Construction Manager and the Architect, or:(7) between an�+-persor>s or entities ot1=�at the t "actoz. i'he Construction Ma nager andArohzteot shall, haivever, be entitled to a to facilitate performance int 09 miet~ ;enf6 ofti ligation under the Contract performanceaf:their duties. :rVf _ s 4� 1 8 T frrk "�1 i Y means the construction •and services required by the Contract Documents, V;*ther to Bete r. pa �cq grid includes all other, labbr, materials, equipment and services provided or to be r prcividd~by fill.the.Contractor's obligations: The Work tray constitute the whole oza part_of the >ottk _ Rolert Elie �tt¢is tic.total construction of which the Worm perforixaed unde>rthe-contract Docurents may-f e`the hole ,pa ej hich may include construction by other Multiple )?1 rme=Coh ractozs" and by the . ' Ovvz eX's own farms; r l ing persons or entities under separate contracts not ad" by the Construction c I�anag § 1., i,5 The i?rawi I `rawings 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 { 14. diagram's. § 1.1.6 The Spectfle ttorls. The Specifications are that portion of the Contract Documents consisting of the written k {5 C ' requizemerrtsfor materials, equipment, systems, standards and workmanship for the Work, and performance of related services.. . - L { § 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. § 1.1.8Initial Decision Maker. The Initial DecisioizIal�er is the person identified in the Agreement torende>; 3riitxal .: a decisions on Claims in accordance with Section 15.2- and certify termination of the Agreement under Section :2.2. § 1.2 Correlation and Intent of the CQI*.M Documents § 1.1. Tlie lr terkt. of the Contract D e�iinents is to include all items necessary. for the propel execution and campletitiii ofYh'e C gzl b 't'�� Contraetaz: The Contract Documents are complementary, and,what is required by. -one shall be as `tirdtpis irertred Iiy all`perfarmance by the Contractor shall be required rsnl to Elie extent consistent with the Colitr Y Do:euni"' . is and reasonably inferable from them as being necessary #o produce the indicated results. § 1.2.2 Organization. of the Specifications. into divisions, sections and articles,. and atrangement of Drawings: shall not cor}trol the Contractor in dividing the Work among Subcontractors or!in establishinig.the extent of Work to be performed by any trade. Init. AlA.nocument A232�" - 2009 (formerly A201 WCMa—1992). Copyright Q 1992 and 2009 by The Americer< Institute of Architects. All rights reserved. vVAfeNNG, eh!5 AIA� Document is protevted.by U.S. Copyright Lave and 141srhet:onal Treaties: tDsratsthbr eel reproduction or custri€ utloat of this 10 Aie oocumant, or any portion o€ it, may rasuit in severe civil and pritninal penalties, and Will be ProterutOd to the rnaximUfn akWilt pmssiti.0 i' under the lavr. Purchasers are not permitted to reproduce` this document. To report copyright violations of AtA Contract Documents; e-mail The American Institute of Architects' legal counsel, copyri9ht@aia.or9_ § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-leio ' technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 4,1:3 C 09' lization f Tars c xtalized in these General.Co>r ditlons 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 r -�� § 1z4irat�r�retatiarI :- interest of brevity the Contract:Documents frequently omit rriodi In wards suc -as "all' and "an and tY q y. fy g y ' articles such as "the and "an," but the fact that a modifier or an article is absent groin one statement and appears in b�-,,,--another is not intended thMLffect the interpretation of either statement S ny u`T 1`1 15 Ownersfa 'and llsei ' -0 rawin s Specttieatiorls and Other 1tasruments of Service �§ P 9 , § 1.1 The i3.rphtect and Architect's consultants -shall be deemed the authors and owners of their respective � rtstrumer�ts':ot''serv>ce, n�7e tiding the Drawings and Specifications; and will retain all common law, statutory and other SeSLerved ghts, xncl xtlurt co 'ghts The Contractor, Subcontractors.; sub -subcontractors; and: Material or equipment �F.Iieril not @ftnb z c copyright in the Instruments- of.Service. Submittal or distribution to meet affieial > egUlatory�-'ecluirefnmt—'s or for her purposes in connection with this Project is not to be construed as publication in A sogati"on i3£the A5r-ch�Itec .; t?axchiteet's consultants' reserved rights. § 1, ;2 Th 'Contractor, u12 tractors; Sub -subcontractors, and material or equipment suppliers are authorized to use art ptoduN." Ale Ins�a�nte V,;Semvice prrovided to them solely and exclusively for execution of. the Work. All cop mad tndert'hi�author Q#6 shall bear the copyright notree. if any, shown on the Instruments of Service. The . Cc�ziti ctgx� bco afrarttcirs, Sul jibcontraatozs, anal rnatert l vr' equipment suppliers may not use the Instruments of Sericem othrblects oir loxdtions to this Pxo�ecttttside the scope of the. Work witlzaut: the specific writtten consent, of the Owner, A�hiteCt and the ArchxtecC.'s consultants. - § 1.6-ransmisst�n'°o -D:ata inll>gltal If the -pa s into-Od'to trans tixJnstru tints of Service or any other information or documentat>oii in digital form, they shall-edd"'"r to' estalallsh t e��6ssary protocols governing such transmissions, unless otherrvrse. already provided: in the Agreerm "i-the QbtitractDocuments. ARUCl, .�.t, OWNE? § 2;1_-�etxal` The. ner is the person or entity identified as such in the Agreement and is referred to throughout the Contract �uth ts<as if singular in number. The Owner shall designate in writing a representative who shall have express nrtty tc5 Y%trid the O5mer. with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Article 4, the Construction Manager and the Architect do not have such authority. The term "Owfof' 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 ne.e ry and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information stied include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. §. 2.2 Information and Services Required of the Owner 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial atzanlgements to fulfill the Owner's obligations under the.:Contract: Thereafter, the Contractor may only request slack"evidence if (1) the Owner fails to make payments t'o the Contractor as the Contract Documents requio, {: . a 6Iange in the Work materially changes the Contraot_3urn, :or`(3) the Contra6t6 Identifies in writing a reasonable concern regarding the Owner's ability to make pa�i ent when due. The OWner'shall furnish such ev dencb as a condition precedent to commencement or_coia t tta. on of the Work or the portion. of the Work affected by a material change. After the Owner furnishes the.evidehee, the Owner shall not materislly.aiy such financial arrangements without prior notice to the Cqrttraetor' § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, includjng those required under Section 3.7,1, the Owner shall secure and pay for necessary approvals, easements, assessinents and charges required for construction, use or occupancy of permanent structures or for permanent AM Document A2321'1" •- 2oo9 (formerly A201 T'mCMa-1992). Copyright O 1992 and 2009 by The American Institute of Architects. All rights reserved. knit WARNING. This AtAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of it, may resvtt in severe civil and criminal penalties, and Mil be pro„esuted to the rnaxirnum ei tent possible under the law. Purchasers are not permitted to reproduce this document To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. changes in existing. facilities. Unless otherwise provided under the Contract Documents;. the Owner,. -through the Construction Manager, shgll secure and a _fame brFt: lin '1� y :. 2.2.3 The Owner shall furnish surveys de'aibinhvsiolatoga Iznittotsfd .yosr the Project, and a legal dese p6n4the site: The Contractor shall ;i e entitled to rely on the'alaeu iyy�f fixrnishedb the Owner h>*thaexercise er ieeautions. reo* twthesaie erfa ano e`. P Ialze Owner shall fu natsh infozxrxatio a or services 7required of the Owner by the Conte Documents wig able prornptuess. Tl a owner s�Zall':alacs�tskr ether ia- M- 1,4. vr_ser ces t3xt ei the C wiier'sv tral arty E relevant to • the Contract is Orel -fi0Jr a�tee af' e'lwarfC with reasonable FronzPtrres - erTeceiv ng the: CerttractoP-s: I �r ten request.,far sucl��0rmation or serytt - _ " � .S U�Ie�l', rw ded .m the Cc acti l d enf tlYc de s t �1 Fslt-tom the Coritrae t?z onr :copy b : € v q s kr �� y ®R." osestof �u'a Ziartpfoductions.�rsua�tto;er" dear to fo r aTl _c mrnunicaliofts to the Contract6r through the, Constrtactio' Maria n 6 ram "3w '�'Jrr- . - .. - �t shai p� s� v tde ilze same carnmun catcc�a t a #1 t Arvldtec-1 ataotit matters arising. out of or k 2B. Rifoxul's Rgt Sfidoric Tf e Ca tieactw5 ; is W &fhat rs not,in accordance with thdiregtilreof the Contract Ipocunzeiits as �F zeged ly e4 p tedly fails to carte out -Work in accordatce with the Contract Docuhcrtts, file Owner ia;assuee tt�tli ntraetor to sfiap the Work or any partiton thereof, luiit2l the cause -for stri order has . r X V..el Mt ed 1 ' ,x --<. t of the Owner to st # he oik shall nat give -rise tfl; a duty vn the part of the., an)Jer to eezcie�� r>� e benefit of the tzaettir or any other person or errti y, except to the extent xequtred }i sec wj ." - r, Y ry3 Abe YVgtiL _ t If ttte ��etor da auii ri i �' cots to i out ork in accorilar ce'witla the Contract S?ocuxnants and fails. . k ... I = wtin a> day pefer receipt of written notice from the Owner to commence and �4nlinue correction of such default or r eglect: a lz dift&tce and prarxtptuess, the Owner runny, without pre iitlrce ta'ot} er err tidies the Owner may havM. e-, correct such'deficierqtes In such case an appropriate Change Order sULIbe`tssued deducting from payments then,or thereafter duet Cwoittiaetor the reasonable cost of correcting such deficiencies, including Owner's expenses i and aompenaatlon � ox�bnstruction Manager's and Architect's: and their respective consultants' additional .services - rsiade necessary by'tadji=default, neglect or failure. Such action by the Owner and amounts charged to:the Contractor are both a Ject -too t proval of the Architect, after consultation with the Construction Manager. if payments then I car thereaftdr clu+r ra r are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owher , ARTiG-I.,E TRA TOR 3 '1.'1=:The Contractor is the person or entity identified as such in the Agreement andis referred. to throughout the Cotact DoeWrtents as if singular in'nuitiber. The Contractor shall be lawfully licensed, if -required in the jurisdiction wheirf 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. ), f' 3.1.2 The plural term "Multiple Prime Contrtaxs"refers to persons or entities who pexfarrxi constrtxCtivn under contracts with the Owner that are admintst red lr the Construction Manager. The -term elves not ineltrde the Owner's own forces including persons or entities tinder separate contracts riot administered by the Cons41"' ozi Manager. x� . - `; E`: The=Cijntzactor shall::pczfutm the Work in accordance with the Contract Docu#u; 4 3.1.4.TIie Contractor shall not be relieved of obligations to erforin the W. in actor -dance with the Contract 1 , :§ g p Documents either by activities orduties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities oilier than the Contractor. AIA Document A232TA1 2009 (formerly A201 T^'QMa 1992).'CopyAghtO 1992 and-2009 by The American Institute. of Architects. All rights reserved_ Init. WARNING; TWE ,4W Document is protected by. J;S Copyright Law. and inierrsationaf Treaties. Unauthorized reprodu ton or distribuNon of this 12 Al-e Document, or any portion of i't, may result in severe civil and criminal.penaltl2s, and will be prosecuted to the maximum extent possible . / under the la>v_ Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org- § 3.2 Review of Contract Documents ah 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 D- ocuxmnts. kYt§,3 2;2 $cause the Contract Documents are eolri :lement p ary, the Contractor shall; before starting each portion of t I or e, cal°efilIly study and compare the various Contract Documents relative to that portion of the Mork, as well as the. information famished by the Owner pursuant to Section 2.2.3, shall take field measurement.' A€ any existing ' � ; oo i q is related to that portion of the Work, and shall observe any conditions at the t its alfecttng J. Thesre 1� Tions are for the purpose of facilitating co.ordinatiion :and construction by_the onfractoi and "not for the " ,.� ' i, - purpose of discovering errors,. omissions, or inconsistencies in the Contract Doi urner ts; however, the Coutractor'shall £. ; "Promptly report to the struction Manager and Architect an errors Inconsistencies or omissions discovered by or g Y y x rri'Ado known to the Cor�tzactor as a request .for information submittedto pe Construction Manager.. in such form as"tile £ bilstruction M rage a 9rch tect: may require. It is recogni etl. ihat the Contractor's review is rnado-to the Cot. Lractor'n capacity'' 4k.*ntractorand not as a licensed -deft professional, unless otherwise specifically provided jytrftTT�� Co c1' ti ftic2 31"1� � tradtota�oi wired to ascertain that the -Contract Documents -are in aceordanue with--applicablc�laws, Y szaitztes, xrancces+ s and regulations, or lawful orders of public. authont>es, -but the Contractoz shall r`omnth�� it to is Co F"on Manager and Architect any nonconformity discovered by or made known to the 'Con r�ct z s a est fio nation submitted to Construction Manager in such "forin as: the Construction Manager and,A r-hitect in y equirc °` 144244 if the Colltraetor l�elievIe fiat additional cost or tuners involved because of cIarifieations or.instructions the A ehiteetx;sues response si "Contractor's n otices ar requests for information pursuant to Sections 3.2.2 or; 3 2 3, the Cont%'acfor sl'lake,l�x i as provided In Artzcle.:l'. If the Contractor fails to perfoii'tlte obligations ref ,Sections-3.2.2 or 3�1.3, ti e'C zitractor shall pay such costs and damages to the Owner as would have been ay. id & if the Contractor had perfbrxned such obligations; If the Contractor performs those obligations, the Cop or shall not ia1J&,tti the OwA0 or Archit be lt for daimages resulting from -errors, inconsistencies oromisstons in the contract Doeu rientsr for d1 ft Kei�c;s betweeu.field. measurements or conditions and the Contract Docu�efit, or for noneortfortxi tees of ih Co & Documents to applicable laws, statutes, ordinances, �qq"&C TU cs and regulations, and la� orders•ofptslc authorities. r § 3^Stpelvislon:t;onstrtlati.on Procedures § 131-The Co#(r t shallsupervisc 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 arid -Aar coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific insftet ign-concerning these matters. If the Contract Documents give specific instructions concerning constqrot on medh ,4h&thods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof aod, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, .methods, techniques; -sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or proceddtr s may not lie safe, the Contractor shall give timely written notice to .the Owner, the Construction Manager, and the Architect and shall not proceed with that portion of the Work without further written instructions from the Architect, tlu:ough the Construction Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. 13.2 The Contractor shall be responsible to the Qwner for acts and omissions of the Contractor's erxlp oyees,: Subcontractors and their agents and empioyees,And other persons performing portions of the Work for, "or on behalf of,,the Contractor or any of its Subeontt+;tors. § `3.3:3 The Contractor shall to responsible for inspection of portions of the Project 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 tabor, materials, equipment, tools, constructionf equipment and machinery, water,heat, utilities, transportation, and other Init.AIA Document A232T" — 2009 (formerly A201-CMa—1992). Copyright p-1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: -f nis AEA° Document is {protected by U.S. Copyright Laws and International Treeies. Unauthorized reproductiori or distribution of this �� AIA�' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. Purchasers are not permitted to reproduce this document. To report copyright. violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. facilities and services necessary for proper e�e444mu 0 wirip'tetion ��tliie Work v�Mth�r t�tilpozaiy:or p0ranent : and whether or not incorporated or to 13e�*odlpc rated bi he 'Work M. § 3.4 2 Except in the case of minor change s in the Work .authozized by the architectAcoxdance with f pris 412,8 or 7.4, the Contractor may make substitutions only v��th, the %eo sent of the Ow et, after evalua orr `� f 5 f consultation -with *e Construction Manager, nand a aecordaape-V4t a C an Oder or Co e1 c� � } Contractor shall enforce stnct:dtsex ti re and ad rir&t. aihoingthe Contracts a iptoyz s and ridier �f carrying out the Work Tire CrxnttactorsMlnberiritil?plrieiit bf3#tit�or�olltsrpesons notgpe� slctcl izi #asks assignedto theiok: 3 ixzy g>Conti"a azz e{)wiacr,CQnsfiructanlatager,JALdci#ectthatar<egprrientfuvrshe ° gW`z the =t w good: quality anti tier utrles the CrltacLDoexirnents rei>rr�r pezhxrt pe7wistr The �. ;uzitractofK that the Work wiff, eonform with the require ixients o.f the Co"O,, q mM-- nd willjl�e;= r y frarn e r, = se inherent tz� the quality of the Word the Contract I ttzneOts.reclwre or permit ti. ��c, �: oticaforrag t":tlresF rgni nts may be consrfeeti[a� lie Contracr's s. 4 ; ad ye o defect eauscd b atls� ateraions •to the ern eeduted by: the y x An p r nt aiatntextanc ,improper ©p tioa, or noix!<ia! wear dtear and atumal usage # _' g seq. �itu� g�rr Architt,:tlxeritxacar shall fui�iishatMMt evidetioe=as to.#he lend k AR ant�s�•� o�� �s .,ti ipi$ent . ,f ` F_.' _ _ i �t v '.F - provided slw;y sale Sumer; use and strxnlar tars for therift Wori,iar.portxons therl;af provided by the K Giginfractor that ,it all a when bids are r�ceiv�d ter rae�otiation� concluded; whe-iher•_or zzot yet effective ��. r _ 3RN.Kam, xicrelyr hede tct gnct_ 3 TRerrtrlt a E SQ Ng r es omp6n a wlth Laws : ' § 31.1 Unless 0diee ise a in rho Contraet.l acuments;: the Qwi}er, thro>rgh the C..erisinietzori Manager'.. l secuzeat,s�y fnr�'perixrrt, The Cdntiaetor shall secure and pay. £or other perits fees, licenses acid inspt>tins':.hy gc nr enczes necessary for proper exeeuiinn and completion pfe:Wotk.that are cttstomarly aeced after exeiition of thConfract nerd legally required at the time Bids are received or negotiations concluded. 3.7 Z `flee C #€ or ha' l com t with give notices: re aired b Applicable laws statutes: ordinance codes- § p y g q y :pP r, . i rud s aliid�re slat or n lawful orders. of public autharities,appheable to pe3rfozmarrce,a the Work.. § 3 7.3 Ifs C t er# ns Work.knowing it to be contrary to applicable laws, statutes, ordinances; codes, rttles and r a ations x:7 trI archers of public authorities; the Contractor shall assume appropriate respoasibility for such W© asl F f 11 bear the costs attributable to correction. ! § 3 T 4 Corlul a4 d or Uliknown Conditlons. If the Contractor encounters. conditions, at the site that are:(1) subsurface or otli se concealed physical conditionsthat:d ffer.materially �m those indicated in the Contract Documents' or (2) unknown #uysical conditions of an unusual mature that differ rnaterially froth those ordinlarily found to exist.a[td generally recognized as inherent in construction. activities of the. character provided for in the Corit net Documents; the . err` Contractor shall promptly provide notice to the Owner, ;Construction Manager, and the .A"zch tect before conditions, are '{ disturbed and in no event later than 21 days after f rst observance vane of the conditions. The Architect and Construction Ilrlanager will promptly investigate such conditions and. T the Architect, in consultation with the Construction Y = Manager, determines that they differ materially and cause an increase or decrease in the Corrtiactor s Dose of, time �- required for, performance of any:part oftbJ orlc,.will:recommernd ah equitable adjustment in fie Contract Dual or. Contract Time, or both. If the Architect consultation with the Constm; ption Manager, detw roes that the conditions x at the site are not materially difloxe t fr` om those indicated in the Contract Docuixients and that tits change in the terms. .' of tlke Cone act�`xs justified;, #lia Architect shall promptly.:notify. tlSe Owner, Construetioi � ger, and: Contractor m f writing, st brig t o reasons: if the Owner or Contractor disputes the Architect's determixiati<dn or recommendation, • eitliez party stay proceed as provided in Article 15. § 3.7.5 If, in the course of the Work,:the G"oatractor encounters Mrian-remains or recognizes the existence of burial . markers, archaeofogical sites or wetlands not .indicaWd in the Contract Documents; the Contractor shall: immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect. AIA Document A232m — 2009.(formerly A201 WC-Ma—1992). CopyFight @ 1�992 and 20bg t- y-The American. Institute ofArchiteets. All rights reserved Init. WARNING; This AW Document is protected t3y U.S. copyrishi Law, aind International T reatics. tjnauthorized reproduction or distrihutlor of this AW D-acumert, or arty portion of it, may resulti n severe elvil anti cr imi al,perbaltlos, and will be-prossec€tted fo #:ne maximum extent possible 14 under the law. Purchasers are not permitted to. reproduce this docurnent. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia"org. 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 isbel 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 rs a s„�,ad�as�'rovided in Article 15. gattces § 3 8 e Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, } y ta'VContractor. shall not be required .to emp)oypersons -or . entities to whdm the Contractor has reasonable �,. objection. �a- r All 3.8.2 Unles �'therwt =tivided in the Cont�raa--Documents 1 1 kiow all corer the cost #a the Contractor °af materials.and equipment -delivered at the site and all. & re air es, less applicable trade discounts, 2 -; ntra costs for unloading and handling at the site, labor, -installation costs,. overhead;:: profit attd cs lie p ,see&&antem- plated for stinted allowance amounts shall :be included in the Contract Sum but _ . ztnt 1 laces; and bd Prgje t sited oomWj-1nYi ations',g re more than or less than allowances, the Contract Sum shall be adjusted accordingly k' The amount of the Change Order shall reflect (1) the difference between actual costs k,es under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3• 8:2.2. tender an allowance shall be seleet:64,;-Wiiihe Owner with reasonable promptness. ploy a competent supertzten;3ent and necessary assistants who shall be in attendanceut mice of the Work ht 5uperintendentshallrepresent the Contractor, and iper>ntendent 111 be as binding as if given to the:Contractor. as practicable after award of the Contract, shall.,famish in WMrug to the Owner and Lion Manager, the name. and qualifications: of a proposed: superintendent. The Ey within 14 days to the Contractor in writing stat>ng i 1 whether the Owner, the xchitect has reasonable objection to the proposed superintendent or (2) that any of review. Failure of the Construction Manager to reply within the 14 day period shall le objection. not employ a proposed superintendent to whom the Owner, Construction Manager or ate and timely objection. The Contractor shall .not change the superintendent without the. 11 not unreasonably = be withheld or delayed. ,90.°Cal e#or' CrQrrstruction Schedules Tkie Contractor -'promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's construction schedule for the Work, The schedul&4-all not exceed time limits current under the Contract Documents; shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project schedule to the extent required by the Contract Documents. and shall provide. for expeditious and practicable execution of the Work. The Contractor shall cooperate with the Construction Main scheduling and performing the Contractor's Work to avoid conflict with, and as to cause no delay in, tht OTk'or activities of other Multiple Prime Contractors or-t ie -construction or operations of the Owner's own b reel;_ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Gontmt and thereafter r s updatet as r►:ecesary to mattain a; current submittal schedule, and shall subnut the schedules) for the Construction Ivlanagt r' ailtl Architect'; approval_ The Architect and Construction Manager's approval :shall not unreasonably beL _delayed z3r Walxd one. suiiinittaE schedule shall (1) be coordinated with the Contractor's construction schedule, and a (2) allow tt't oz`strucion Manager and Architect reasonable time to revi� submittals. if the Contractor fails to submit a sus uiltal schedule, the Contractor shall not be entitled to any increase in Contract Sung or extension of Contract Time based on the time required for review of submittals. [nit. AIA Document A232TDA — 2009 (formerly A201 ""CMa —102). Copyright 9 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Ale Documen_ is protected by U.S. Copyright Lave and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible J under the late. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal counsel, copyright@aia.org. § 3.10.3_,The Contraetor:shall parki*aii W. 0h alher Corlttactors�; the Conmuction Manager atrd;CQwner In �e� �w�ng and coordinating all .schedules fox<rneQzgpration.itrto the PzQje sctteci>rle that is'prepared lay the Consiniction Manager. The'Conntractor shall -Make rev a ops ,to the constr{icdon sclreduk and submittal schedule as ;deerrted necessary by the Construction l�Isiager_to.coriozrli.to the Project schedule: e Contractor shall perform the Work ii) general accordance: with the zriost .recent schedules submitted to the":. x � O onstraction Manager and Architect and irietsrporated into the approved Project schedule c contractor shall mairitarn t tl e.stt r the Ow1w ode copy .cif the ?rawin pe,✓iftcatians,Arid da; &n Orders and other Modi at aDs; iri. good r�rder and marked currently to indti:ate__reli :chazig sand selactioris n do construction e c4 of . rover] j g FY . aFPSha Drawings, Produt]aa, Sam p.,ad sirilarreqaired ies 1 it#als Theme doc shatX be avaable to the Architect anti x1efered fc ate Copstrueon Man for ?4f ittal tom awn coiA 7-W o o the ti ork as:a;rec zd the Work & cflnstrtzeted F i { 02 $E7Q NungrCt 13f'anda[ii�1S:: M.1 iggs, PO4*: sc'hedules,and tither data specially p, pared far the Work b the: { =z ar� bWo"ct �b-subeazttractor, manufacturer; supplier or distributor to ftat-e some portion: of r,tdis 310 �u¢�� ar �l� tFc►ns., standard schedrtles ,per orrnance charts, insfrwctrons, brochures; diagrams other i rm d kr `the Contractor to illustrate materials or et xpment for some portion of the Ward a _ -'� x� ram, = T�s��' �-. ..• .. -.. .. _ .. .µal Saix>l ai�ma,Ift!ples that illustrate ixiatensls equipment or worktiaanship and establish standards by. arc the�C uT. $� 312 4,hop ant l3a#a, Sazngles and similar submittals. are not Contract Doczzenra l hetptupse zs to dexQristrate theV-011y; iclflie Contractor proposes to canfarm:ta the infvrrrtation givers and the ciestgr concept: the Cbtxacttxp"tents fti those portions of the Work for which the Contract DsietSments`require aubi t l evt hby t teaLai4Construction Manager is subject to the dilatations i�f ctitans d 2.9 } throft, 4 d fnfp a ci a nbrtrt als uponmitich the Construction Manager: .andAzc Meet are.not expected -A take' ' 3 r spa fta� d zdenti d in the Contract. Documents. Subrn ttals-that ace riot required by: the Contract . DocAnipri may �'returri.,ed_ y the Construction Manager or Architect without action. 3 3 3.1.2 5 The, shall review for compliance with the Contract Documents; approve.arid submit to the Construction Manager shop Drawings, Product Data, Samples and similar submittals requited by the Contract Docitme4k S4. ���egi-clar%with the :Project submittal schedule approved by the Construction l Ianager.and Architect; or ii2:.thc aleritau aped Project submittal schedule, with reasonable promptness. and in: such sequence as.to cause no delay in tl e work of in the activities of other Multiple Prime Contractors..or,the Owner's own forces. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Daia, Samples ,and similar,submittals with related documents. submitted by other Multiple Prime Contractors. § N12 fi,By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner,'Con,,5 ction Manager, and Architect; that the,Contractor has. (1) reviewed; and approved them:, (2) determined and..yp ified materials, field measurements acid field construction criteria .related thereto., or will do so and (3) cheeke°d i s ,and coordinated the information:contained within such submittals with therequirements of the Work and of the -ontractDocuments. § 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 ha:boen reviewed and approved by the Architect 3 �12 8 hc: ors_ shall be in acebr&. nee with approved submittals except that the Corn ao#or. shall not be relieved :of paxia�lzdi �ieviatiois froria requirements of the Contract Documents by thechitect's approval of Shop Drams iigs, P> s Et Data, Samples or similar submittals unless the Contractor Ap speci cali3� infoianed the Constractioii'Manager and Architect in writing of such deviation at the tittle Qf submittal and. (1) the Architect has given written approval to the specific deviation as a minor change, in the Work, Qr:(2) a Change Order or Construction Change Directive has been issued authorizing the,deviatiori. The Contractor shall not be relieved of reisponsibility for AIA Document A232T — 2009 (formerly A2011CMa—1992). Copyright 01992 and 2009 by The American Institute;of Architects. All rights reserved. [nit. WARNING: This Me Document is protected by U.S. Copyright Law and-int6mationai Treatles, Unauthorized reproduction or distribution of this Ale Document, or any portion of it; may.resait in severe civil and crithinal penalties, and. wilt be.prosgcuted to tl�e maximum exton't possible f under the !aw- Purchasers are not permitted to.reproduce this document, To report copyright violations of AIA-Contract Documents, a -mail The American Institute of Architects tegai counsel, copyright@aia,org, 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, Sal:rip s or similar submittals, to revisions other than those requested by the Construction Manager and Architect.on ; r rewotls-submittals. In the abs!mce ,of written notice the Architect's approval of a resubmission shall not apply I? � � pp r to--suchsrevisions. i ` -3,ARAb The Contractor shall not be required to provide. professional services that cozrs lute the. practice of torture or engineering- unless such services are specifically required by the,.Contra t:D.ocutr� archetits. for a portionof the Work or unless the Contractor .needs: to provide such .services :in order to carxy out the CQntractoi's responsibilities -', fo onstructiprt means, irthods, .techzl ques, sequenc s attd procedtue5 : l'.h- -Contractor 6atl Uot:i -e recluzrad to provide professional s�`s in violation of applicable.;ia>~v If piroessional design services.or certifications by a design professional reyi Jo systems, materials or equipment are specifically required of the Contractor by the Contract Dok meats, Ili ner and the Architect will specify A performance and design criteria that such services al rehaltcause-.such services or .certifications to be provided by a properly I`icensed design_..: inust sattsi t The, Co profession l those atgult ur(A td.;seal.<shall .appear on all drawings, calculations, specifications, certifications, Shop Draw>ng ther:s>1baYntt Wepared by such professional; Shop Drawings and other submittals related to -the. Work w ` designed or ertrfe<lby suds essaanalif:prepared by others, shall bear -such professional's wan.ttezt approval when stibrrixttedtflthe#ectwner and the Architect shall be entitled: to:reiy.upon the adequacy, accuracy and corxpletertess of #It er >cesTc catio4. 5. ns -and approvals performed or provided>by such design professionals; provided:tl e l X art#1 1r lxx#ect have specified:ta the Contractor all o ffsrmance and design,eriteria that such t seivioss:mustsatxsfy, l e nt t this Section 3.12,10, the Architect will ieview, approve or take -other. appropriate aot at3 on sribxtmttal t] #'or the tnited.:purpose of checking for tort Ormanee with .information given and the design concept expressedithe Cl";Documents. The Contractor.shall. not be responsible for theadequacy of the performance and design crit `a;specified in the Contiact�3c currents. 3.Usti•; of Site 13 , 3131 Tlie:Contractor ltal 4 ire erat ons at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules'and"reg� tatt.'� � tt-laWful orders of public authorities and the Contract Documentsildd shall not unreasonably encumber the tte with materials or equipment. § 3.13.2 The Contractor shallcoordinate the Contractor's operations with, and secure the approval of, the Construction Manager before us"g any:artion of the site. § 3.14 Gtl#ting and Pmtig § 3:14.1 The Contractor,.shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit togethefpr6f6rlym All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the: cutting, fitting and patching, unless otherwise required by the Contract Documents. 3.14.2 Th&Contractol�shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Multiple Prime Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner's own.- forces or by other Multiple Prime Contractors except with written consent of the Construction Manager, Owner and such other Multiple Prime Contractors; such consent shall not be unreasonably withheld. The Contractor shall riot unreasonably withhold from the other Multiple Prune Contractors or the Owner the Contractor's consent to nutting or otherwise altering the Work_ § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the prerr see and surrounding area free from accumulation of waste materials or rubbish caused by operations under fhe Contract. At completion of the Work the Contractor shall remove waste materials, rubbish, the Contractor'sfools, construction equipment, machinery and surplus materials from and about the Project. § 3.1511fthe&4iontractor fails to clean up as provided in the Contract Doelrznents the Owner, or Construction Manager with the Owner's approval, may do so and the Owner shall be cntzt[ed to reimbursement from the Contractor. AIA Document A232T1' -- 2009 (formerly A201 ImCMa—1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. In WARNING: This AIAe Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this ,� � AIAe Docurrment or any portion of it, may result.ln severe civil and criminal penalties, and will be prosecuted to the maximum extent possible f under the law. Purchasers are not permitted toreproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects legal counsel, copyright@aia.org: § 316 Access to Work The Contractor shall provide the..Owner, Construction Manager and Architect access to the Work .in preparation and progress wherever located. �,�.�����Itles, Patenfs arrd•Cop�raghts ., .: _ .. : ���'� _ � ��rf''��rtor shall pay all rayalt�€s and lreense fees . T'he Contract©x she'll deTend,�zits or cl�ilnas £c�z infnngeinent Hof . -�?��1-and patent zigll,ts and steal°I hold the Owner, Construct�c�n Ivlanagef anal Azclirtect harmless-rom loon account thereof but shall. not'be xes onsible fox such defense or ions v hen,a articular des (J{� races ar roduct of a 3 � �t�1- manrlfacturer.or manufacht�ez�,zs req: tziredlxy�the Contract i�arctimerits ar wlxexe the capyrightvir�latiaixs ^aze : ed in Drawin s,: ecifications.oz other docerits x . tired h .the Owner Ax Jntect, orConstructlon . g P P � -.- _ j wager. However, if t Contractor has reason to believe that the rerired deft, process vz product is an ngeorisnt a.cop t or•a.patent,:the C.dnaacttir shall be�r�ssports e r >rch loss unless st eh ii £©zmat bn ><s npily furf�iad to el>itect thrQ theanstrttetion Mafia { ' 81titEBi�itroni,; {gin 81 Tc lle t perniitted by law, the Cunt? actor shall indezr fy audTiold harmless the 0*ner, o e of € c�a r,�"chi�t, Constztietton Manager sand `okttect s' cons�iltarrts, and agents and e•ii'tpl. Ye s .; � S € fWWT �n� inG �is, damas; kisses and expres ixcluding;but not limited to a[tttai rieys fees r 12 tY fi$ erfarmanee of cork, providedfihatsuch;cf m, damage, lossos expense is U b�rxcness; disease or death, or to in}uT3r to dr destrctron df.;tatbible PrapeY (ti than e rNwel iaiil � S�extent caused by the ne igent ants or atiaissrr ns the :Contxacto> , a Suh ntraetor; t et d ; �nployed by there or an•yohe for who tl�y z�ay be liable, zegardless ofl�ether or motel P Y P._ Y t? m� �r ense is caused in art b a art inc�niiitfiec# lierrrtnder.ucl obli: anon skiali not i fie rl ednet aather.-rights or ohligatiazis o irideniii%ty that would otherwise exist as to a ,or p d� tioii 1$ 1$r2 clai�xi gal s erson or entity rzid�iitied under this Section 3.18 by an employee of the C tractor, a ilb ixactor; a zy� dt � o_. indirectly Mobyed bar them or anyone for �vbose acts they may be liable, fY�?~ 3 i;s3ition rsbati t� e£b on,1.8 shall scat be limited by a •lirnitatian on amount or type o damages; `oreatN. tbn QkneTip� by .or for &e Contractor or a Subcontractor under workexs coxaipensaiion acts; k ; r • die�a tlity s €refit acts 11 mployee benefit acts. ,aRT(C6E`4 ARCHITECT A,N�_CONST'RUC710N MANAGER ;aL 41 C�1�i er l 4.?.1 The Ownter shall rain 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 Archite, ot in the 3.0g eqfizenC. and 1 :3�fe�xd to throughout the.Contfact Documents asif singular in:mimber. § 4:1 Elie Owner�sh4ll retain a construction manager lawfully licensed to practice construction management or an 1 entity law,fiiily,practicing construction management in the jurisdiction where the Project is located. That person or entity is zdiw>itz tell. as tie Construction Manager in the Agreement and is referredto.throughout the Contract Doc iment5^as if singular in number_ § 4.133 ,Duties ,- sponsibilities and limitations. of authority of the Construction Manager and Architect as set forth in pzitract Documents shall not be restricted, modified or extended without written consent of the Owner, rR :Cont li-uction Manager, Architect and Contractor. Consent shall not be unreasonably Withheld. § .41.4 If the employment of the Construction Manager car Architect is terminated, the Owner shall employ a siceessor `.. . .��ztstruction manager or architect as to whom theContractor teas no reasonable objection and whose st_as under the : Contract Documents shall be that of the Gousti it Lion Manager or Architect, .respectively. tl�a#Ion of the CQriit. t . § 4 2.1 The Construction. lt?raiiager and Architect will provide administration of the Cnhact as described iii.the . Contract Docu-meuts and Will be the Owner's representatives during construction thfif the date the Architect issues the a} final Certi€icate for Payixient. The Construction Manager and Architect will liauo,authority to act on behalf of &e Owner only to the extent provided in the Contract Documents_ § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or aslotlierwise agreed with the Owner, to become generally familiar'with the progress and quality of the portion of the Work completed, and to AIA Document A232TM — 2009 {formerly A24t TmCMa—1992). C,opyright81992 and 2009 by Tie Arnencan Institute of Ar hitects Ali -rights reserved. Init. WARNING: This AW Document, is protected by ii.s. Copyright Law and Internaetonal TtdM!es. Uttattlhorl2t;d reproduct<on or d;s'.ributida o'f this � g Ale Doet;rrrarit, or any portion of It, may resu€t in severe civil and criminal panaifies, and. MH be pfosssuted to the maximurn extent posz3mo wader the law.+. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 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 notbe required to snake exhaustive or continuous on -site inspections to check the quality. or quantity of the Work. 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 )Qompleted, and report to the Owner and Construction Manager (1) known deviations frem the Contract 1 _^ I ?ai;rnehtS and from the most recent Project schedule prepared by the Construction. Manager; and (} defects and - dcfnes observed in the Work. 4 4.37he Construction Manager shall provide a staffing plan to- include .one or rnorc 3repxesen ivies who shall be in attead cc at the Project site whenever the Work is being performed. The Constructrob 1Vianager will determine in �,general if the Work observed is being performed in accordance .with the Contact' �cuments, will keep the Owner asonably informed oi;the progress of the Work, and will report to theDwrter and Architect (1) known deviations Lg b .Lx. - Y ` - _ om the Contract Docii ei-is and the most recent Project schedule, and{2) defects and deficiencies observed in the y Wo>k. 43.4 Ther{SirrictFannager will schedule and coordinate the activities of the Contractor and other Multiple Prr`e Canis i acddarice with the latest approved Project schedule. 5 §42 :SO' heoristrltotittri 1V r, except to the .extent required by Section 4.2.4, and Arch, itect will not:have control otter;>tmi. ih:me oft stru $:g Leans, methods, techniques, sequences or procedures, or for the safety precautions and larbgtas mlectloxlthe Work; since these are solely the Contractor's rights and responsibilities under the . Coxitracts )ocur t h s, except WDrovided im Section 3.3.1,'and neitherwi be responsible for:the Contractor's failure to pei form tl Work in aocordane with the requirements of theontracf'Documents. Neither the Construction Matlager ra�tre Atetvrll e control aver or charge of orte responsible for acts or omissions of the Contractor,,. ubcoi*40;,ors,,.g1 � r agents or employgo , or of any other persons or entities performing portions oftkie Work 4.26 C:4mnitttireatjohs Fair §; iTfatirtg Contract Administration. Except as otherwise provided in the Contract Documents _ >,or whaja direct co iz runic anon � ue.b a -specially authorized, the Owner and Contractor shall endeavor to communicate wztl each other through the Construction Manager, and shall contemporaneously! provide the same comi adi'r>at ons tQ. t ie Arch tect about matters arising out of or, relating to the Contract,.��etYments. Communications by and �-w,#4 the A rrte�t's eomsultants shall be through the Architect. Cormnunicatzons' by and with Subcontractors and nxatcr4�.l suppliers shall bc,through the Contractor. Communications by and stir other Multiple Prime Contractors shall �e-tkrough the -Construction Manager and shall be contemporaneously provided to the Architect if those communications *Abut matters arising out of or related to the Contract Documents_ Communications by and with the Owner's own fumes shall be through the Owner. § 4.2.7 Thi :Construction Manager and Architect will review and certify all Applications for Payment by the Contractor, in accordance with the provisions of Article 9. 4.2.8 The.Architect arld Construction Manager have authority to reject Work that does not conform to the Contract Documents and will notify each other about the rejection. The Construction Manager shall determine in general whether the Work of the Contractor is being performed in accordance with the requirements of the Contract Documents aid notify the Owner, Contractor and Architect of defects and deficiencies in the Work. Whenever the Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require •additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, upon written authorization of the Owner, whether or not such Work is fabricated, nistalled or completed. The foregoing authority of the Construction Manager will be subject to the provisions of -Sections 4.2.18 through 4.2.20 inclusive, with respect ti i,; interpretations and decisions of the Architect, however, neither the Architect's nor the Construction Managerxs` authority to act under this Section 4,2 8 rr na rlec sion made by either of them in good faith either to exercise or not to exercise such authority shall give use to.a duty or responsibility of the Architect or the Constniction Manager to the Contractor, Subcontractors, material arid equipment suppliers, their agents or employees rxr other persons performing any of the '4 bik. § 42;9 The-t bnstruction Manager will receive and promptly review for confahiace with the submittal requirements of the Contract Documents, all submittals from the Contractor such as Shop Drawings, Product Data and Samples. Where there are Multiple Prime Contractors, the Construction Manager will also check and coordinate the information contained within each submittal received from Contractor and other Multiple Prime Contractors, and transmit to the Architect those recommended for approval_ By submitting Shop Drawings, Product Data, Samples and similar AIA Document A232TI — 2009 (formerly A201 T°mCMa—1992)_ Copyright @-1992 and 2009 by The American institute of Architects. All rights reserved. Init. WARNING-. This AIAe Document is protected by U.S. Copyright Lary and International Treaties. Unauthorized reproduction or distribution of this 19 Ai e Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to, the maximum extent possible under the late. Purchasers are not permitted to reproduce this document_ To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal counsel, copyright@aia.org. submittals, the Construetion Mano:ger represen,.ts to the:°Owner:and A hitedt`that the-Gonstmetion Managerhas reviewed and recommended them for approve ::Th 'Coirstruct;on Iulaiiitger's>actzons r ill'be fallen in actor ewit t' the Project submittal schedule approved by t13e'rcliaeeir; in thealsertee of an approed Project submtaal sci3ednl', with reasonalzle prorxiptness while allowing stoxeirt tone to perrn�t adequatert vrevsT°by. tine AzclrtteGt: 4 k 1 e.Architect will resew and appxove or tAe � iher apgrapnate ac'tiom ups the Contractor s wbl .m..ta snc prl swings, Product Data and Samples, but only for the. Yanited purpose•of eheolring far.=eanit7rrnanc -Witlr information given aril the design concept expressed in the Contract Documents. The Areluteet'._s_action will be taper . "ranee wrih'the submrtial;srlierlrrle app vvedbythe Architect o�j in'rhe-absence, dh �Vproved.submittal .'e,witlir.QasonableprornptnesswhrTeallc3srrng.srtfezeuthMe' tu.ilteArclr�fectsrofessionaljudgmeutto per lit adequate reurew iTpon tb Arch ect's can#plewd et-iew; the �Archrter shall:transmtt its.subtri ttal xc iewto . Coxtstrt�efri 14ana x �3 k ,11 lZevi� f the ' ctor's submittals f1;, the Constnrctr4nMbmager and Architect is not conducted .for the i ose of in>rt ' tccur�acy and. conitgleteness of other detail's sn'c as dimensions and quantities, or foie ,.. >,c installatica,br po ffimr Once of 6quiprnerrt et systems, all of which e lz reniain. tl e as zequiretl by tine Cvrxtract Docurne s; The Constroctiou Manager and Architect's 'ttals shall trot relieve the Contractor 4f the obligations under Seetions.3 3 ,3_5 l lager and Ar�l}zteet's-reviews! sIi�ll nod eantstittrte:approval of safety. precautiAds.orz . taped by �Z� fix�nstructaon ,iularra�eil• and :A�'olilrteet,: of azky construction means, rr€etboEls; litres The: Axclritect's:appraval• of.a specifrs ifesn shall �ot.indicate. a�prov`al -of an compon�t: ' prepare, Directives. A_13 tie Coutionter and the Archztt wtll take appropriate action on Change Orders or Construction`= iG�iaxlgnur ZQ% �earp e with Article T and tine Architect will have authority to order minor charabes m the or 0*0i�i d i ` � .4,Xhe A r laatect, ui consultation wig the CoizstFiict an Manager wr]1 investigate and ial de not o to airs es t endattQ s'rixgarding concealed anal unknown conditions as unow i`in Section 3.7.4. § V t 1'�ing tb-e _dc�c provided by the Contractor, the Construction iVlanager �srt11 --maintain at ihe. site for the QEwii r one t opy ill Cdiatract Documents, approved Shop Drawings, Product.t3ata, §amples and similay required } it irX>tfCals, in g000d order and l arlted-cuzrently to record all charges and selections made during. cons -traction. These will :>ae a1AA6`tt� :t1te Ar h ect and the.Contractor, and will be delivered to the Owner upon completion of the ye ,pro jiMct_ Corso uctioz. onager will assist the Architect in conducting inspections to determine the dates: of Dgmpletior artd the date of final completion; issue Certificates of Substantial Completion in conjunction hitact .pursuant to Section 9.8; and receive and forward to the Owner written warranties and related equired by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction [ forruard to the Architect a:final Application and Certificate for Payment or final Project Application 2. ertif Cate for Payment upon the Contractor's compliance with the requirements of the Contract § 4 2161f the Owner and Architect agree, the Architect will provide one or more project representatives to assist in „<R,cariying out the Architect's responsibilities at the site. The., duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit tb be' incorporated in the Contract Documents. 4.2.17 The Architect will interpret and decid matters concerning performance under, and requirements of tlxe Contract Documents on written request of e o rstruction Manager, Owiaer or Contractor through the c6hstrtict on Manager- The Architect's response to su requests will be made in writing within any time lrriiits agreed upon ar -0*001 ith:.reasonable prorn ffi s*=: Y § 4 2'18 lntetatrions and decisions of the Architect will be consistent with the Intent of and reasonably inferable frorri th-VonatDocuments and will be in writing or in the form of drawn Chen malting such interpretations and ' decisions, the Architect will endeavor to secure faithful performance by Both t7wner and Contractor, will- not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. AIA Document A.232T" -- 2009 (formerly A.201 n'CMa� 1992). Copyright:© 1992 and 2009 by The American Institute of Architects_ All rights reserved. lnit. WAF2NNG: This Ate Document Is protected by U.S. -Copyright. Law and international 'Treaties. unauthorized rep€oducvor: or distribsiioa of this 20 ,CIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecute¢ to the maximum.. extent possible f under the Ia-v. Purchasers are not permitted to produce this document. To report copyright violations of AEA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 4.2.19 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.20 The Construction Manager will receive and review requests for information from the Contractor, and forward. each.regtTest for information to the Architect, with the Construction Manager's recommendation The Architect w111 ,re�ntew aril respond in writing to the Construction Manager to requests for information about the Contract Documents. 41f „ The Coristruetion 11�Ianager.'s recommendation and the Architect's response to each request will be 1Ciade in writing " �' 'within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare ��`a . �� �� � d issui; supplemental Drawings and Specifications in response to the .requests for uaformat>,on.. ARTICLE 5 SUBCONTRACTORS _ k § 1 Definitiotls z § 1.1 A SubINorttractor erson orentity who has a direct contract-�r�th the Contractor to perform a portion of the �P[ ork at the_ e.,The tep :`,`Subcontractor" is referred to throt�glibut the Contract Documents as if singular irr• number t3nd means a�Su0contr4gi0' f-or an authorized representative of the Subcontractor. The term "Subcontractor" does not ,s x �neLude otll r I1 fte Contractors or subcontractors -of other Multiple Prime Contractors. 5 12 A b subct�Ittraetor � - a erson or entity who has a direct or indirect contract with a Subcontractor to perform porttozx otle V't tt>iet' The term "Sub -,subcontractor" is referred to throughout the Contract Documents as if z�sangr rttnuanbrd n5ub-subcontractor or an authorized representative of the Sub -subcontractor. A,hfard of Subigtrac lid Other Contracts for Portions of the Work: S.5 2. E finless ctllervuas�e :s.tAt,§ in the Contract Documents or the.,biddang requirements, the Contractor, as soon as practicable aver aw ark cif -he Q. -b tract, shall furnish in wr3tttag to the Constrict on Manager for review by e Ov�+ner, Cbristruc'Vein Manager �iid A�'�l�ttect the names of persons or entities (.includiztg.tlaose who are to fiirtiish rtaatertals or q apin&ftt fabriaffo..&Ib a.sp al design} proposed or eacli'principai portion of tlxe mark. The. Construction vlanager 2�nay reply within-l4 da�� to `Contractor in writing st�ttng (1) whether the Owner,>tlie Constrttcaon Manager.or the .1?xchitect has rea'sortablbOb e�ction to any sueh _proposed person or entity or, .(2) that the Constmettort 1VTanager, { Architect= cix'.Ownei refit tires add tonal timefor review. Failure of the Construction Manager, Qwzner, or Architect to ° reply wttlia -the .f4=day p sd shall �oitstitute notice of no reasonable objection. l § 5.2.2 The Contractor shall -not contract with a proposed person or entity to whoig the Owner, Construction Manager f : or Architect has made reasonable and timely objection. The Contractor shall, rtQ:t�be`recluircd to contract with anyone to i -Whom ft Contractorlt`as.rn'ac a reasonable objection. § 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the 3 Contractoz. the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection If tle.ptoposed but rejected Subcontractor was reasonably capable of performing the Work, the CoutractSum ama;0ontract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such substitution. §.5.3 5ubcontractual Relations y appropriate agreement, written where legally, reclu�#ed °for validity, the Contractor shall require each Suhco,6 >r�:�w ` to%tl e extent of the Work to be performed by the Stibcontractor, to be bound to the Contractor by terms. -.-of the_.Contract Documents, and to assume toward the C0644" f all the obligations and responsibilities, including re ponsibility for safety of the. Subcontractor's Work, whtch'`the Contractor, by these Documents, assumes toward the Owner, 3 Const•.ructroi� Manager.and Arehi ect: Each subcontract agreement shall preserve and protect... rights the Owner, s nristruction Manager an&A,rchitect under the Contract Documents with respect to 6&,Woxk to be performed by the Subcontractor so that sztbcotatracting thereof will not prejudice such rights ap&shall'allow to the Subcontractor, unless specifically prodded otherwise in the subcontract agreement, the benefit oaf all rights, remedies and redress against the Contractor that the Contractor, b the Contract Documents, has -a glint the Owner Where appropriate, the g y g f 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, AiA Document A232TM —2009. (formerly A209'''"Ma—1992). Copyright 01992 and 2009 by The American institute of Architects_ Ail rights reserved. Init. WARNING: This Al e Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distributiorf of this 2� Me Document, or any portion of. it, may result in severe civil and criminal .penalties, and will be prosecuted to the maximum extent possible f under the lave. purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents. e-mail The American Institute of Architects' legal counsel, copyright@aia.org.