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HomeMy Public PortalAbout097-2013 - Metro - Thor Construction - Rehab of NSP3 Property - 2facilities and services necessary for proper execttibriand cothplet2azt tithe Work 4h OrPerman and whether or not incorporated -or,to 6rio*6,q in,the WoxE. -e. by - Architect inaccordance_,w § 3.4.2 Except in the case of minor chan��s. toth Work authorized oa 19. . ...... . the Owner, after evaluati '.'b` NRith O 1, tM112.8, or 7 4 the Contractorinqy nvike substitutions only write the: consent d RP at, in C"D a W, pp 1, WN 111 -consultation�wi the 6ager, aa -Ocordp�l 004Change OFOe WIN r ective T r 1171111,3A3`.le Contractor shall enforcestrict discipline and: ZooA-brde C.0 de .='1-" cs ando1N*s carrying the Work Tine Coo0ap(pr. rd t*"I(),.3 prsons­npt thor- pe 3t., _6', skilled in tasks assigned, -to them; R ERB N 2_1 'Rwe. A r etjtL M �3q, P fUr shed.1' Z 'f, Nu. )T -pprm . �_p en.. moo,manager, '�0arranivQi the -.0 ontra )wr, _17`1��!"_-'Z�_. Z . aer C6n§" z: 56*r the t _000me L, 01113 wl 90 i, ki The: Contractor 'fif" ments, Q the e wd :,WC 1hat the Work conform with the xpqiqji� f Corrtrac#-l7ocinneartsad will, he N ­ g- lattlpr 14 -the quality of the Work the Contract P�z pertt. base inherent in 77 sraa Y y the f, cR B �U 90, imp. ,`nt W V or -I rit-tim. iim* ro. -Mb J.or normal. W le** usage g perbp6 'a& the n w ha— et, the Uintir �4* Wish:,satisf evi Id ow architect, TL FOP. q4 #9 Mid �r- or -an t q ipme4 y6k 7`61�',R --3 6: Taxes" T4. T e,contraCtor S" ­ , r ,ISumer; useand sj, ixAor the Work or r portions 9*ofppovided by, SR&Agall bids oryeepive -orne otxations.caneiuded .whetbri,ornot yet q. V'$M e r ly _WdU go n A, 3.7 F withLaWs...' pof ergg�"R_'('i�_e V Tj shall so the 'Cop"apocurnents the Own through the:iC _t § 17.1 d1ps W anaoer RIP" 'secure 'thav lyPI pT16 Q6ntrac(or shall secure grid i otherpeCnazts, ees, lipenses.And g thq-are customarily inspo.046fi.�­i enci es necessary, for proper execution and completion 4Rhc .ork y seoare -ontract and legally required at the tim, e bi&; eived or negotiations concluded. A 4, �er execution o f the, -C 342 The Q-6A4 .1 omply with and give n tok do �d notices required bygpplicable laws.,Aatutes, ordinances, codes, lawful orders. of public authoritics:4p v . -dx licabl o Acs an pegul p c t perfox appa of the Work.: rfd�.m s Work.�nowing it to be con trary to applicable laws, statutes ordinances, codes, rules Arld.-Xz,gglations; -.4 fizi orders of public. authorities-, the Contractor shall assume appropriate responsibility for such u d Aall bear the costs attrib tablet o correction_. T7"iZ CoWd-d&W or -.-,,7,.4 encounters at the site that are subsurface or U own Conditions. If the Contractor e subsu tithe av se concealed physical conditions that differ materially izom those indicated in the Contract. Documents or (2) tinknow _Physical conditions of an unusual nature that. differ m:Aterially from those ordinarily'found to exist and - generally recognized as inherent in construction activities of the characterprovided for in the -Contract Documents;:the Contractor shall promptly provide notice to the Owner, Construction Manager, and the )Vchitect before conditions are 7n, ' Architect :disturbed and in no event later than 21 days after first observance of the conditions.. The itec and Cops tru.etion MIR will promptly investigate such conditions -b difthe Architect, in consultation with the Constructipwl:' reause an increase or Q -0. .017 11FIC Manager, determines that they differ materially and decrease in the Contractor's cost t required for, performance of any part oft will recon=nend ah,e,qlqitable a j ti n R the Contract Sum or Contract Time, or both. If the Archil consultation with the Constrpetion Manager, dqq4iA4ffik the conditions at U'. the site are not materially dill f from those indicated in the Contract Documents aDd-:.that _no -change, in the terms. ofthe .cohtrattir dustifiqd'th'oitectshall promptly notify,.-thc -0 -wnerConstnjctj'bii. 4g... e reasons: fill writing, stating )tlX, if the Owner or Contractor the, Architect's determination orrecommendation. elthlet ,patty may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall :immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, acid Architect. AIA Document A232T" - 2009 (formerly A201 T' CMa - 1992). Copyright @ 1992and .2009by The.-Arnerican Insfitute ofArchit.ects. All rights reserved. Init. VIIARKING. This AW Document is praised ty Ui. Covjghi Law and Internatonal Treati-as. !Jnauthorized raprodwitiop or dlsirliM'oi% Of Uhl .14 AlAt DQcwnent, lar any portion of it, may result in severe civil and and will be prosecuted 1c, .he T.axlrnum extort possibie under'he :act. Purchasers are not permitted to reproduce this document To report copyright violations ofAIA 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 necessary4o 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 frorn the existence of such remains or features may be ' a ti.IIa made as provided in Article15. �F Contractor shall include in the Contract Sum all allowances stated in the Contract: Documents. Items co erC by allowances shall be supplied for such amounts and by such persons or entifies as tl e•Owner may direct, . y.F 1zt a Contractor shall not be required to employpersons -or entities to whom: the Conntractor. has reasonable objection. x� j 4 W - E § $ Is upi t s Ilerwl �vided in the Contract Documents alowa'gr k all cover the cost to the Contractor_. of materials, and equipment delivered at the site and all: s 1. 1-�� aa, , , less applicable trade discounts, � Ic c ar costs for unloading and handling at the site; labor, :; ngtallAtion costs,. overhead, pro tazrd ses' nteinplated for stated allowance amounts shall be included in the Contract Sumbuk not_t ally ces; and r co� a more than or less than allowances, the Contract 'Sum shall be adjusted accordingly . 1e = The amount .of the Change r" $ . e . t - Order shall reflect (1) the difference between agtual casts " 0111i- under So tion.3.8.2.1 and (2) changes In Contractor's costs under Section 8.2.2. tls andvgt�>pment finder an allowance shall be selected by the Owner with reasonable promptness. 9 ndetlt� ntgac at she I piby a competent supenni ent and necessary assistants who shall be in attendanee'at dungzpe;rafice of the Work The superintendent shall represent the Contractor, and. as g y , 1 e¢sups nntendent shaft' be as binding as -if given to :the. Contractor. ntraotor, as soo practicable after award of the.Contract, sha.111irnish in wri :to the Owner and tgh thP Construction Manager, the name and qualifications of propose superintendent. The laralz reply within 14 days to. the Contractor in writing stattngl } whether the Owner, the faniiger, or the_ -Architect has reasonable objection to the proposed superintendent or (2) that any of WK-6 bil tihie.lo review. Failure of the Construction Manager to reply within the 14 day period shall e QreasAhable objection. not employ a proposed superintendent to whom the Owner; Construction Manager or tb and timely objection. The Contractor shall not change the superintendent without the . If not unreasonably be withheld or delayed. w;{ 3,10}Gontrator'�s Construction Schedules 310.1 The ontractoi; promptly after being awarded the Contract shall prepare and submit for the Owner's and ArQ itect's information and the Construction Manager's approval a Contractor'.s construction schedule for the Work. The scheduleAall not exceed time limits currentunder 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. r. The Contractor shall cooperate with the Construction Manaer in scheduling and performing the Contractor's Work to . avoid conflict with, and as to cause no delay in, tlae work or activities of other Multiple Prime Contractors ortM _ :construction or operations of the Owner's own forces. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contact and thereafter . update it as •necessary to maintain a:; current submittal schedule, and shall submit the schedul 0 for the Construction Manager's and Archttect's approval. The Architect and Construction Manager's approval:shall not unreasonably be delayedorw e d T6'submittal schedule shall (1) be coordinated with the-Coptractor's construction schedule, and () alldw theECznstruction Manager and Architect reasonable time to review stziariiittals. If the Contractor fails to r` submit a subinnittal 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. AlA Document A232TO — 2009 (formerly A201 ImCMa—1992)_ Copyright 01992 and 2009 by The American Institute of Architects. All rights reserved. [nit. WArRMINIG: This AlAe Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this 15 AIA' Document; or any portion of it, tray result In severe civil and criminal penaiVes, and will be prosecuted to themaximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report copytight violations of AIA Contract Documents, a -mail The American institute of Architects' legal counsel, copyright@aia.org. § 3.10.3.The Contractor shall partrc pafe.with other.Contractorstl the _Construction Manager anti Ownet .�tr reviewing and coordinating all schedules for_ineorppraiion into th..P.r¢ject scheeduIe that is prepared �iy the Gorrsinicttori Manager. The Contractor- shall make revisions .to the construehbn schedule and submittal schedule as deemed necessary by the Construction Manager to cc>rr ozxn t4°the Project schedule- x 3 t U 4 q e Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Construction Manager and Architect and iricoxpozated into the approved Proect schedule . `. �" � 3�1�71�octtments anal Samples atthe Site. - � : x ^G` t €�ntractor shall rriaintarn at tl esi#e for ttie Qwner pn copy f the Drawrn sj Specifications, AckdeRdax Cl an of : Or$ers and other Modi ae ons, in good order and marked ctr 'ently to indicate elcl changes and selections u de � g construction, on a copy of approved Shop Drawings, Prodx><cl Data, -Samples an simmlar required = f br rittals. Theme docufxi shall be ova lalile to the Airchr#cct andtleliuered #a:the CoktstM- 6tion Manager;for. fixnuttal to -I ?OwneE� eonrptetron of the VUorlcas a�eeo�d �f�e Work as'consfr�ted ° � &2 Sh �r�ngs�P `i&ct Data.:alyd Ipm.pjds:: � 21 S avv rg d�ina diagt ams,:schedt les and other data specially prepared for the Work by the � axEiract Sabi sr� r ctc ub-suhczantractor, manufacturer, supplier or drsirrbutc�• to ��lustzate some portion of T Po u+ t art t �trons, standard schodules .pedarmance charts; instructions, brochures., diagrams and other :rriforiaiysx� xrnld'�r the Contractor to illustrate materials or,equipment for some portion of the Wort 31 Sample ai r Rs= ' al 4=ples that illustrate materials, equipment or workmanship. and establish standards by ' wheki the hzk�ud72. ux, c § 312 4y hop r ings� i�l Data, Saxngles t6i&W nilar s..ubmittals are -rot Contract Documents 1 heir ptrrpZose is . to deorstrate the u 1irc the Control tttr proposes #o conform to the nfornraon given and the desrg>ii correepf .. expres, , -ire Coir?tmct �cr ztinents for tlxose portions of tine Wazk for which the Contract Tlocumerits require subr��iQk ev-errr, y th i # ci arrri:Construction Manager as subject to the irnrrtataan pf Sections 4.2.9 throlz i 4 1nfQ al Azra ubtritnals.upon.whichr the Construction Mmager�aud ttlllteet are:not expected to take S -11 respi ri ve i iio� e o identified in the Contract Documents_ Subriaittals that at'e not required by;:tlre Contract lloci rrieni ma returned Ix the, Construction Manager or .Architect without action. §. 3.12 5 The Cotor mall review for compliance with the Contract Documents, approve and submit. tote Construction Manageil, � p Drawings, Product Data, Samples and similar submittals required by the Contract Docuittents cfcorda e with the Project submittal schedule approved by.:the Construction Manager and Architect, : or rrthe ab en t l na ''pr ed Project submittal schedule, with reasonable promptn. m and in: such sequence as.to cause no delay to l-W Work or in the activities of other Multiple Prime Contractors.oz-the Owner's own forces. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, product Data, Samples- and sinnilar submittals with related documents submitted by otlier Multiple Prune Contractors_ §, 12a6 By submitting Shop Drawings, Product Data, Samples and similar subrnittals,:the:Contractor represents to the Owncr `Cons%gction Manager, and Architect, that the Contractor has (1) reviewed --and approved them, (2) d6termined and;yrerified materials, field measurements and field construction criteria related thereto,. or will do so and { }cheek d and coordinated the information contained wither such submittals with the requirements of the Work and of the M contract Documents_ 3.12.1 The Contractor shall perform no portion of the Work for which the Contract Documents. requir_:e submittal amid. .. review of Shop Drawings, Product Datamples or similar submittals until the respective submittal has::bt en reviewed and approved by the Architect is -A< § 3 12 Tt�e;ilor".1_ shall ben accordance with approved subixiittals except that the Contrador shall not be relievedflf ��, �xesponarbr)t�� �'ot cleViatro_ris"from re;guiremerrts of the Contract.Docurrients by the �archteet's approval of Shop - ' :` Dravarigs? l'xodtict Data, Samples or similar submittals unless the Contractor has specifically informed the . . Consiructioxi lVlanager and Architect in writing of such deviation at the time Qf subrriittal .and (l} the Architect has given written approval to the speeifc deviation as a riiinor strange in the Work, or.(2} a Chaixge Order or Constnucton' Change Directive has bees issued authorizing the deviation. The Contractor shall not be relieved ofresponsibI ity for AIA Document A2321"- 2009 (formerly A207 TM Wa - 3992)_ Copyright ©7992 and 2009 by The American Institute Of Architects_ All rights reserved. Init. W;: RNINC-: This Ale Document is protected by U.S. Copyright Law and International Treaties. i'snaut tarized reproduction o. distnibution 0 this 16 AtAa 3act3¢r ar t, or a^yportion of It may result in savere civil and cridiinal penalties, and will be prosecuted to the maxi:t:ur- exteatt peesible r ender 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_ 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, .Sawpj;&,oi similar submittals, to revisions other than those requested by the Construction Manager and Architect.on previous, ubmittals_ In the absence,of:such written notice, the Architect's approval of a resubmission shall not apply: tlJ.'Siie isions. :4s ,, .� r§ � 7�k'l,0 The Contractor shall not be required to provide professional services .that cD#stitute the practice of arcl Lecture or engineering unless such. servides are specifically.xequired by th : C-011"' e 3aocuM hts for a portion of- the"Work or unless the Contractor needs: to provide such services in order to carry ou .the -Contractor's responsibilities fi3�r construction nneans methods, technigizes sequenees and procedures 2kContractor shall 'not be required to t Provide professional seres in violation of applicable. law pxof Ifessiottal design services or certifications by.,a design professional relate �o systems, maaterials or equipmeiif ae;speci#ically .required of the Contractor by the Contract D i ments t`tt i er and the Architect will specify all performance and design critena:that-such services rntist satisfy f lid Con r shall. cause.=.such:services or certifications. tobe provided by a properly licensed design K proftassianal,vhose sxittirerid.sealha1i appear on all drawings, .calculations, specifications, certifications, Shop Drawingshersubi�%ittas ared by.suchprofessionai Shop Drawings and oiher:subnittals:related to the Work designed �eitified by such fessiomal; if prepared by others, shall bear:such professiortal's written approval when i� submitt d}t ha i hitect„" b Avvner and the Architect shall .be entitled to �reiy. upontheadequacy, .accuracy a nd cornpgeteh s o1` 'k-6 rr"o -i certifications �zid approvals .performed of provided by such..design.professiozials provided e A€ and.rcliitect have specified to the Contractor ail perfOrinance and design=criteria that such seivices:mmt-s TIOU torA is Section 3:12,10, the Architect will review, approve or take-o�ier.appropriate action, --On si briuttals:o y stir the l mitecl.pu pose of checking for conformance with information given and the design concept expressed An be Can set Iocuments. The Contractor shall not be responsible for the adequacy of the :performance and de5tgn cseria specified in the Contract )ocuments. § 31: 090 of Site § 3;.13�1 1 : ontractor �iall a z. fine op r lions at the site to areas permitted by applicable laws, state fes, ordinances, codes, ztrles and regulatioxis ld'lawfirft orders of public authorities and the Contract Documents: anti shall not unreasonably encumber the site with rriaterials or equipment. § 3.13,2 The Contractor shall coordinate the Contractor's operations *ithj and secure the ,approvai of, the Construction Manager before using -any Portion of the site. § 3.14 Cutting and Patcfling 3.141 The Contractaxshall be responsible for cutting, fitting or patching required to complete the Work or to make its .parts fit together`properly: All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the:cutting, fitting and patching, unless otherwise required by the :Contract Documents_ § 3.14.2 The'ContractoT<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 owl -'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 not unreasonably withhold from the other Multiple 1?rlrne Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the pre"ses and surrounding area free.from accumulation of waste materials or rubbish caused by operations underxhe Contract. At completion of the Work the Contractor shall remove waste materials; rubbish, the Contractor ..,to`ols, construction equipment, machinery and surplus materials .from and about the Project.` § 3,15.2 Ifthe'° potractar fails to clean up as provided in the Contract Doc- �.nneiats ' he Owner, or Construction Manager with'the- Owner's approval, may do so and the Owner shall be eritttle'd to reimbursement from the Contractor. .AIA Document A232" — 2009 (formerly A201 *'mCIMa _ 1992). Copyright O 1992,and 2009 by The American Institute of Architects- Ali rights reserved: Init. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 17 AW' 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 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. [ 1 § 116 Access to Work The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and Qre wh�,rA.rpr t.,��t,�,a •�� ., � ����R �alties, Patentsartcl Co.pyrights�, ,-: .::.• ,. - �� � ^� ��e, Coi.rtor. shall pay all royalties Ind �ict;tzse fees: �T1ie:Coritractor snail d�etzti-suits or clams for znfrin•gexnez�t _�f Ys� ��N� .t��rxg�Z and patent rights and shall hold the .Owner, Construction N1a;nager` and Architect harmless;°froin•�oss.�z�r. -. - account Yliereof_ but shall not be responsible for such defense or loss wlzen,a paitieular des .process or product ofa. �'��` �F �`� - � ` `""" manufacturer:or manufaethro� is re un-ed 1� `tht; Contract`l�ocumerits ar �tu�iere �Ze co a z �,$ 9 ypyrrghtvi�o-T;�tioris-`are s ed in Drawings,pecificatioiis'or t�tlier docurlsents pzepared by.the Owns Architect, or Coristruct><oiz 1Vlan4ger. IHawever, if tl Contractor has reason to believe that .the reclialred $esigrix3roccss or -Prod ngement Qf a copy> t' or a patent, the Cazitractor shall be:responsr'h OW- such loss unless such informa on i r r ptly furnished to th chitect throug the anstrtietion Matrager .8liidBf ilf-At'OU } " leer permitted:.by law, the CtizitFaetor.shall:aridernxlf..arrdhofd.harniless the Owner,: 'struc aa_ erp chi t, Construction Marta er's azzd Architect's corisu� its, and agents. and eta{ o�tees of >i f � a � a zn lazrns, damages, losses;and expanses, ineludzng bttt iTat limited to at�oreys few, Zg o tar mug o erformanee of theVork,-provided that such:.eaim, damage, loss or.expense i . ni> e a b d ��uri}u ,� izess,'d cease .or.death, or to irzjizr to:or rlestruct'on= f.tangibke property (� 1hl than ,the o� elf �b zal t xtent caused. by the negligent acts oz omissions of the Contractor, a::Subeo actors K_ B , . an One sect ndz , a, loyed by themnyen or ae forwhosc gets flaeygi iay e,liable, regardless of r lZether`pr W it tt el k tr a e �r pense is caused tp part by a party indeninlfiecl hez�under_ Such obligation shaltnot �a$­Iruliegatrxdgeduce other zagh#s or olizgatioizs of indemnity -that. would otherwise exist as to a . ` '` att orp an de b d.in� t's° ection:3 1.8. � .A8 2 lit claims it azxi t rixy 3 rson or entity iiidetxaitihed under this Section 3.18 .by an employee of the Cc n#;actor, a txhosantractor, ahygne €directly or,indireetly enitptoyed by their or anyone for whose acts they maybe liable; #�c M�nd§irinifit�af�on o�iIigat��on a ��ec�o� .3_ 18 shallonot be limited by a:hmztation . n amount orages, eoir pei iii n a ^refit �� e by.oi for the Contractor or a Subcontractor: under workgW ei?mpensation :acts, disability.ei�et acts ©z x�aex`ezzployee benefit acts. [�L;t-4 AKHTECT A _IRDICONSTRUCTION MANAGER. ,§- 41Genera! 4_:1 `The Owner shall etain an architect lawfully licensed to practice architecture or .an entity lawfully practicing arcl ites tore in the jurisdiction where the Project is. located. That person or entity is identified as the Architect in fit ' _.Aeem rat an. is f fcircd to throughout the Contract Documents as if singular in,nij ber. § 4 I: 'The Owdu-shall retain a construction manager lawfully licensed to practice: construction management or ani entity -, wfully practicing construction management in the jurisdiction where the Project is located. That person or entity �s itl zttifire as ache Construction Manager in the Agreement and is refeiared o tlrrQ,ughout the Contract . Doo ments`as if singular in number. § 4.1':3'Dutie_& -esponsibilities and limitations of authority of the Construction Manager and Architect as set forth in the,.Qpntract Documents shall not be restricted, modified or extended without•writt= consent of the Owner, a_, :Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld_ '°= g 4,1.4 If the employment of the Construction Manager or Architect is terminated the Owner shall employ a successor zorstruction manager or architect as to whom t1Ze:Contractor has no reasonable objection and whose status uncles the Contract Documents shall be that of the onstr66 ion Manager or Architect; respectively. f § 4 :Arltnlri4stratOn of the Contrae +' x 4.2.1 The' Construction Nmnagez and Architect will provide administration of the �;t as described in .the Contract Documents and Will be the Owner's representatives during construction uIliff the date the Architect issues the ,y final Certificate far Payment. The Construction Manager and Architect will haue,atitliority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage=of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to AIA Document A232M — 2009 (formerly A201 "ICMa—1992)_ Copyright ® 1992 and 2009 by The American institute of Architects Allrightsreserved. snit. xA sIzfiettta$is a( TravrOes. Unauthorizod reproduction or disc ihEfflon of tilt MING�: This AiA� D=ument is Protected by U.S. Copyright L.a+,3 and s Ale Document, or an;. portion of it, may resu.t to severe civ ► and criminal penalties; and Will be prosectded to the'maximum extent possible under the lau+. 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 not be required to make 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 1 Work co,m- pleted, and report to the Owner and Construction Manager (1) known deviations from the Contract Qotumexats and from the most recent Project schedule prepared by the Construction Manager, and Q) defects and dectcces observed in the Work. 4 2,, T e Construction Manager: shall provide a.staffing plan to.include.one:or miorefepxesei at-whoshall be in ME attendance at the Project site whenever the Work.is being. performed. The Cor>,sttuctiori Manager will determine in enera) if the Work observed is being performed in accordance; with the Contd -1)" euments; will keep -the Owner asonably informed of1►e.progress of the Work and will report to the {)wnerand Architect (1) known deviations w the Contract Docd. is and the most recent Project schedu_ le and {2) defects and deficiencies observed in,the ;Wok. 3 t' § 4 t4 The Gt}zistrtictxati manager will schedule and coordinate. the activities ofthe Contractor and other Multiple 'rie Corlirtrrs i>2 accordance with the latest approved. Project schedule. K. 'st u6tran MagerZIP 4��, except to the extent required by Section 42.4, and Architect will nvt have control aver; tare arge of, oiistruc ncans, methods, techniques, sequences or procedures, or for the safety precautions and rog atiYs iiY cQianectto '".the Work, since these are solply.the Contractor's rights and. responsibilities under the Cori'trac pocum8i6, etccept aWprovided in Section 3.3.1, and neither will be responsible for -the Contractor's failure to perform the Work iMabbordaum, with the requirements of the G.&Rract'Documents. Neither the Construction Manager >iox tl�e Ax0, -t i Vvill� e control over or charge of Or., r be responsible for acts or omissions of the Contractoz, ubcoritiraetors,.:or tV§ agents or employees;; or oUiny other persons or entities performing portions of the -Work. 4.26 Gotnrnunscatiohs Fac =,§ ilitating Contract Administration. Except as otherwise provided in the Contract Documents ,oir wren diyeet coi=un cation h-hme heen; specially authorized, the Owner and Contractor shall endOdVbr to coinmiinicate with each other through the Construction Manager, and shall contemporaneottsl- provide the same coil m.—Utiit ations to: the Architect about matters arising out of or relating to the Contract Doadments. Communications by and>uvitli-the A cilitect';s°:consultants shall be through the Architect. Communicatroiis'by and with Subcontractors and matelot suppliers shall be:through the Contractor. Communications by and.: With other Multiple Prime Contractors shall be tkiough the'CConstruction Manager and shall be contemporaneously provided to the Architect if those communications ace about matters arising out of or related to the Contract Documents. Communications by and with the Owner's own forces shall be through the Owner. § 462.7 The,G-mistniction Manager and Architect will review and certify all Applications for Payment by the. Contractor, in accorrdance with the provisions of Article 9. :.§ 4.2.8 The Architect and 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 and 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 iaspectior. or testing of the Work in accordance -with Sections 13.5.2 and 13.5.3, upon written authorization ,; :,. a of the Owner, whether or not such Work is fabricated, izistalled or completed. The foregoing authority of the Construction Manager will be subject to the proyisions o.f Sections 4.2.18 through 42.20 inclusive, with respefxte, interpretations and decisions of the Architect However, neither the Architect's nor the Construction Manager .s `' authority to act under this Section 4,2.& UOP a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise too°duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, orother persons performing any of the Work: § 4 2;9 The• Construction Manager will receive and promptly review for conformance 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 submitu ' 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 Init. AIA Document A23211� — 2009 (formerly A20111CMa—1992). Copyright CD-1992 and 2009 by The American:institute of Architects. All rights reserved. WARNING: This Ale Document is protected by u.s. copyright Law and International Treatiss. unauthorized reproduction or distribution of this 19 Ale Document, or any portion of it, may result, in severe civil and.crim.inal penalties, and will be prosecuted to.the maximum extent possible under the law. Purchasers are not permitted to reproduce this document To repod.copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. submittals; the Construction Manager Fepreserzts to the.Owrter and Az'cl itect that the Coowuction:Manager has reviewed and recommended them for approval. The Construction MtUi er's-actions willbe taken in .accordance rviti! ' the Project submittal schedule approv d 6ythe=Y4rcliiteet.or; in iheabse�lce of an approved Project:srzbm. al scheduiey, with reasonable promptness whirl aliowing.sufficient time to permit adegiiate review -by the Architect: �� 4 �() e.Arcliitect will review and apprvve:or take other appt`oprlate action upon the Contractor's submittals such. as 13holzJawings, Product Data and .but only for the limited purpose of checking fci cvnforrzraxtce wttl!, itifortnatioi! given and the design cgncept ezPressed in the Contract Documents. The ArchWXs dtion will be taken Fuance with the submial:srledrle -approved by the Arolit or, In the absence oT anpprovel .subrtlittal with reasonableprompttaesswhile-allorvine sufficient t ee in :the Architect's professronal�ud«lnent.to permit adequate revlew6 Jpon the -Arch tect�s eonipleted review, the Arel!ltect shall,transtni#: tssubiiiittal review —to �� � �ek onstrue�zz! M•anag� 9�.9 # Revqg xtx� rif thentraetor's submittals by the Constrtzctisn Manager and Architect is not caaducted for the Foie of< e ' ir!lniccurac and.corn le#eness of other.details such as dimensions and uarttiiies, or for y `� - Y p q tantla stru� or installatloiii or performance of eq , pment or sysrenlls, all of which rerun n the nslt i ith otct ct „as. required by the Contract Do lerrts: The Construction Manger earl chi#ect's r vt w ctpfl e ont ctbr s s b ttals shall not relieve the Con traotvr:ofthe obligations under:&-.0tions 3 1, 3.S fir. ti k auk 3 l MR Con e%tor � hger -arid Architect's •review : shall not constitute :approval of safety precaufiions or, F F� trtt�less ill vise sp r c lyr ed by the Construction Mats agef and.Afc tect,. of any construction. means, methods, ;s �tecblrueseq�ts orb�ures, The, Architect's ..approval:of a specrflc item shall not ndicate.approval of an :S. Y d. E ass aft , Nouig -ie�t� component. . r t� t .•,i -} iY 4 , •'"R ,4.r aye•:. - - - § fhst 4.9�TlCo " k Chang ire tivrrs -,'orfe aspvaci�ei.i � hale eterirtinat# ry , <Utilai ing th and ;Pro7Pet. L7ocunents. prepare Directives- r and the Architect wi11l take appropriate actionon Change Orders or Construotib- '�e with Article 7 anal the Architect.will have authority to order minor changes.:irr the 4 The Arcl!ltect,,, in consultation with: the Construction Manager, wlrinvest>gate and l erlda#rtius'regarding concealed and uinkno conditions as prov-on 3.7:4. s.provided by.ihe Contractor, theConstruction Manage:r:A-4-11.tnalntain atthe site for the t Documents, approved Shop Drawings, Produc��.0 Samples and similar required larked currently to record all changes: and •sel-... s"made during construction. These ,t and the Contractor, and will be delivered to -the Owner upon completion of the . ic,O t Manager will assist the Architect in conducting inspections to determine the dates .of ton Gild file date of final completion; issue Certificates of Substantial Completion in conjunction ursuant to Section 9.8; and receive and forward to the Owner written warranties. and related by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction -d.to the Architect a .final Application and Certificate for Payment or :final Project Application ate for Payment upon the Contractor's compliance with the requirements of the Contract § 4.2:161f the Owner and Architect agree, the Architect will provide one or more project representatives to assist in F� :carrying out the Architect's responsibilities at the site. The_duties, responsibilities and limitations of authority of such 5' project representatives shall be as set forth in an exhlbit`IQ be incorporated in the Contract Documents, § 4.2.17 The Architect will interpret and decid matters concerning performance under, and requirements of the _ Contract Documents on written request, ir,!eCoins#nlction Manager, Owner or Contractor through! tlxe Construction _. Manager The Architect's response fo such requests will be made in writing within any time 111 agreed upon or othi ,WJ$e i� reasonable promptness: 4.2:.38 Interetations and decisions of the Architect will be consistent with The intent of and reasonably inferable frolxtthe ott`tCarat;Docurraents and will be in writing or in the form of drawings ,:When malting 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 resorts of interpretations or decisions so rendered in good faith_ AIA Document A232TM — 2009 (formerly A201 ICIVIa —1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. [nit. VVARNING: This ASAP' Docun, ent is proteeted.by U.S. Copyright Law and intxnatior.ai Treaties. Urtauthcrized reproduction or distribution of tii?s 20 AlAo Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ursder the last. Purchasers are not permitted to reproduce this document. To report copyright Wolatiorrs of AIA 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 request for information to the Architect, with the Construction Manager's recommendation The Architect will `eview aril respond in writing to the Construction Manager to requests for information about the Contract Documents. The Goristruction Manager.'s recommendation and the Architect's response to each request will be trtade in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the,llrchitect will prepare z� lid tsste supplemental Drawings and Specifications in response to the.requests for information.. t..w DIRT{Ct E 5 SUBCONTRACTORS 77 s i § SW DefinitioDs arson or anti �vho has a direct contractvttir the Contractor to perform a . onion of the F ` 1.9ASubeotractas ty p p Work at the ate .The tend "Subcontractor" is referred to throrigliqut the Contract Documents as if singular in number and, means .a Srrbcontr i6tbf or an authorized representative of the Subcontractor. The term "Subcontractor". does not � Jne1ude otl#"ieir Nl tiplle mine Contractors or subcontractors -of other Multiple Prime Contractors. r _ �A 5'1,2 A S b subc.dmfral for is. ,person or entity who has a direct or indirect contract with a Subcontractor to perform iortion o t.. W l t thy' C-The term "Sub -subcontractor" is referred to .throughout the Contraet'Docunieiits as if 1i ngular rn rsumbr:�d mxtsSub�-subcontractor or an authorized representative of the Sub -subcontractor. - § 5.2 Award of Subd' rRtracts'and Other Contracts for Portions of the Work § 5;2.1:ilnless �thervuI s�fitcci in:the Contract Documents or the brddzng requirements, tbe. Contractor, as soon as 13r cticable aver award o the Contract, shall fu r �rsh rn wrrt rig to the Construction I1ianager. for review bythe ©weer, Manager W.t itect the names. of ar.entities (including those who arc to fu rtiish;rnatenals or v' Cortstructi -and , persons � gl pmeYtt f ibric tad t� a frp design). proposed for each' principal portion of the.'Work. The. Construction Manager 'a' may replyvrith I4 da�r ttz 'Contractor rnwr i4p stating (1) whether the Owner, tthe Construction Iv attagl{Y- the Arclttect has re$sozxafsle vbect on to any such p`oposed person or entity or, (2) that the ConsttuctiionManager; ' 3' . Arclittect,oir Owne �reg1rrres addrt ozraI tti �e for review.. Failure of the Construction Manager,:Owrter� or Architect to >ireply w> i the 4` day p z o all constitute notice of no reasonable objection. .sl Y § 5.2:2 The Contractor�shalfAot contract with a proposed person or entity to whom the Owner, Construction Manager k or Arch act has made reasonable and timely objection. The Contractor shall iW be`required to contract with anyone to 'viThom th' Contractor lta`s nx <ie reasonable objection. § 5 2.3 if the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the �Contractoz; the Con ractgr shall propose another to whom the Owner, Construction Manager or Architect has no reasonable:objecton Iftlie proposed but rejected Subcontractor was reasonably capable of performing the Work, the ComtractSum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. HoWever, i3;i increase in the Contract Suns. or Contract Time shall be allowed for such change unless the Contractor v 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. 1:5.3 Subcontractual Relations y ,appropriate agreement, written where legally "Wed.for validity, the Contractor shall require each Subcomt'a�tor, W-the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the .Contrac Documents, and to assume toward the Contractor' all the obligations and responsibilities, includingTesprsnsibility for safety of the Subcontractor's Work, Which the Contractor, by these Documents, assumes toward tlte` Clivner, `Constructrozz:Manager and Architect Each subcontract agreement shall preserve and protect tht rights of the Owner, oristru:ction Manager and AWi tect under the Contract Documents with respect to 4 orlc to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, anelshall allow to the Subcontractor, .unless specifically provided otherwise in the subcontract agreement, the be#e .Gf all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, hasagainst 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, Init. AIA Document A232T' -- 2009 (formerly A201 T CIVla-- 1992). Copyright © 1992.and 2009 by The American Institute of Architects. All rights reserved. WARNING_ This Al e Document is protected by U.S. Copyright Lase and International Treaties. Unauthorized reproduction or distributlon of this 21 AlAe Document, or any portion of it, may result in severe eivii and criminal penalties, and will be prosecuted td the maximum extent possible under the lair. 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. identify to the Subcontractor- terms*nd conditiions,of the proposed stzbcpnttaet agreement :that may -tie at variances with the Contract Documents. Subcontractors will.similarly make copies of applicable pqtlioiisof;sucli:decumen s - available to their respective proposed`Sub-subcontractors:: § 54ropfn-gent .Assignmhnt of Subcontracts ... subcontract ugzeeti�ent fora portion of the Work is assigned by the Contractor to :the Owztcz, pro ided t 41r _ assignment is effocitive qt y. afterteminiatron of the-Codfract.b- therOwner fr ause ursu nt to Section .14.2 -and: only fib.r those;subctontr-uct aloeements that the OwiRet.a ep by tip fXyng ,the r, Subcontractor and �ontzactoz writizig. and. N 2 assignment is subject to the poor nbhts.ofthe surety, ifariy, obligated under bind relatura to the ' 9- Contract r . ien the 4�- aceept�ht assignment of a-cubeontriict aeezriertt; thet iwrier assunesaheOo acar's nbht5 end- N lot gat ions the s tract- J 5- 2 Ups r3 as Xg�rit, if the WoErlc has' een suspended'for xnor than :30 days,, the b rtt>?actor s 4 etnipensa shalleztabf adjusted fortncreases in cost resulting from the suspension - r� §fr i 3 s ch s1 ]in i the Owner under this S wtion:5.-�, the :t7wner :may further assi��n the subcbrttract to a ece� tr_64 -.0 � r3r of gity If the. -Owner assigns the subcontract to a saccessor Gl:nJ�t r car o - er'eutrt,,, #hc F C s Qw k�al ne e idess � legally responsible for all of the successor Contractor{s abl ons under the suloirdt� S . AR lG E Q 15'f I GT QK! B WNER:OR B'YDTHE MUM 35 ll r„ a tglit to���rMo�rti o�c`istr€rctiQn with -own Forces an d to Avard 0iher Cori"cs #� I i Fh'rveight to perform ¢nstrucittnr�r aperatons related to the Project wiflt file ©wr'sbn F -forces lii h e p6��r entities.under separate contracts not administered by the :tic nWdction lVIana -, to awatlaer-brlraexnbnneetion witi other portions of the Pijeet ar other constniction..tt1 operations an tYte sii e - - under�ns�at Canirfidentrcat or substantially similar to these including those portio related .to, insurance id w$ r of utaro Goff ffthe Contractor claims that dela, -or additional cost-xs ritmi d because of such `� acti°pti,b e }vt�iter, the t r>i 'actor shall make such Claim as provided in Article 15 -i ws § Ei 1 ' n the O caner p rf rms construction or operations with the:Owncr's own forces irzclilding Persons or . . e0 ties uritler Separate Wiitf dfs not administered by the Construction Man the Owner shall:proyide for. .F.. c _ etSoTdinatio i of such farce :with the Work of the Contractor, who shall cooperate with them'. r - §,fi:7.3 L[ e mbthermjseprovided,rn.theContract-Documents, when the Owner performs con ction or. operations related to f1% FTabt tlOwner's own forces, the Owner shall.be deemed to be subject: to. the same obligations and tb kave the sa oetrights that apply to the Contractor under the .Conditions of the Contract; including, without exelndwtlers, those stated in Article 3, this Article 5, and Articles 10, 11 and I2. 6 -mdttiaf'Respolts�bility § U..4 The Contractor shall afford the Owner's own forces, Construction Manager and other Multiple Prime Contractors. reasonable opportunity for introduction and storage of their materials and:equipment and perfornance:of their activities, and shall connect arid coordinate the Contractor's construction•and operations. with theirs tas required Y .by the Contract Documents. If part of the Contractor's Work depends, for prc per execution .or results upon construction:©r operations by the . -Ow- ner's own forces or other Multiple Prime Contractors, the,Contractor shall, prior to proceeding with thafiportion of the Work, promptly report to .the Construction Manager and Architect;apparent discrepanciesor dcfet is tn.such other construction that would render it unsuriable for such proper execution and results Failure of thb Contractor so to . reporths Lute an acknow�edgrrlent that the Owner's own forces or other Multiple Primp Contractors' 4x ` w ale ' "arpartZally completed construction is fit -and proper. to receive.the Contractor's ., -' c,.excopt as to defects not te»To jsotxTy discoverable. The Contractor shall reimburse the Owner for costs the -Owner, incurs, including costs that are. payable to a separate contractor or to other Multiple Prime Contractors because of the Conti -actor's delays improperly timed activities or defective construction.. The Omer shall be responsible to the Contractor for costs the Contracocl incurs AIA Document A232� — 2009 (formerly A201 mdMa 1992). Copyright © 1992 and,2009 by The American Institute of Amhiteets. All rights reserved. in Et. eNAR:=ING. This P!A® Ducurnznt is protected by &f S. Copy;€cht law and IraternatioriA Treaties_ Umuthorized-reprod ration or distribution of this +2 AW Document, or any portion of it, may result in severe civi, and crInninal penalt es, and will be prosecuted to the maxi-Ru er-extent posstb% undvr 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, copyrightpaia:org. because of delays, improperly tuned activities; damage to the Work or defective constMetion by the. Owner's own forces or other Multiple Prime Contractors_ I § 6.2.4 The Contractor shall promptly -remedy damage the Contractor wrongfully causes to completed or partially r" ��;, cmpleted; construction or to property of the Owner, separate contractors, or other. Multiple Prune Contractors as an Section 10.2.5. YW p _ § 6.2 5 TTie Owner and other Multiple Prime Contractors shall have the same responsibilities for cutting and patching s s �i i�' e'scribetl for fhe Contractor in Section 3:14. ::Owner's Right to Clean Up .: u �`� ` jdispute arises among'fhe Contractor, other Multiple Prime Contractor A as the Owner its to the responsibility ��� er their resj�=ctivercts for iiiaintaming :tllc pretitsses anti Snouudf g;area free from:*raste materials and i Y ,. - - - - ,: " ish, the.O er magi 81>Y;� np and:the-Constt�etion Nlanag r, wijth:notice #o the Architect; will allocate the cost . . ;ng thoreonsbhe _ �,�►�l;lt,��rt �+,rtt�lv�t��t� :rrlr�-xvuref<. K yZ, Geer ' l 041ges ittiVorl� z� be accariaplisled after execution of the Contract, and without invalidating the. Gdntr,i+liangerd'�tcuction Change Directive or order for a minor change,in the Work, subject to t6zu, and elsewhere in the Contract Documents... §��ChOrdT shbeiased upon agreetszeht:aznong tk�e Owner, Consiuction Manager,• Architect and it ctor �onsti i hQn�Chatt e Directive requires agreei�ient by the Owner, Construction Manager and Architect �YY �Y the Contractor, an order `for a minor change in the Work,ztiay:be Issued by the fiitect s bfie _ . . Cbange`s tit .thyi isxk shall,be performed iitader applicable provisions of the Contract, Documents, arid1he contractor shall prgceed proi>apt, unless otbezv!iise-provided in the Change Order, Constructionphange Directive or order for a;minar'ohrige iri the loilc. 7;2tybang:e-rdersu= A Chan&'KOrder is l written}ustrument prepared by the Construction Manage and signed by the Owner; Construction Manager, Archrteots' . ctor, stating their agreement upon all of the following: The_ i ngc h the Work; .2.,_ Tlf6 1. rit of the adjustment, if any, in the Contract Sum; and iit,of the adjustment; if arty, -- tlxe Contract Time. �7 3 o d6fi6W,'QN i4hge Directives k§ 7�� A ristruction Change Directive is a writtenorder prepared by the Construction Manager and signed by the writ;roistctiotion Tanager and Architcct, directing a change in the Work prior to agreement on adjustment, if any, in the Cont�tim oW Contract Time, or both. The Owner may by Construction Change Directive, without .iny�ing the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions orbiter revisions, the Contract Sum and Contract Time being adjusted accordingly. ri n� �vnstitiCtion I-Akrr, "ange Directive shall be used ir, th abserlce ofrtotal agreement on the tenLyis of r a Change idrder. 7.13 If the Construction. Change Directiv_ e provides for an adjustment to the Contract Sum, the adjustmeiit.shall be based on one of the following methods .'I Mutual acceptance of a itimp sum properly itemized and supported by sufficion substantiating data to t pe -nriit evaluation, . z �7_ Unfit prices stated inthe 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 yt e.,=sZnjpentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or=subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that AIA Document A232TM — 2009 (formerly A201'''".'CMa—1992). Copyright 01992 and 2009 by The Arnerican Institute of Architects. All rights reserved. Init. WARNING- This A19 Document is protected by U.S. Copyright Law and'International Treaties. Unauthorized reproduction or distrib:ftion of. this 23 AtA! Document, or any portion of ii may result in severe civil and criminal panaities, and will be prosecuted to the maximum =ns possible. under the law. Purchasers are not permitted to reproduce this document. To report copyright violations of AI_A Contract Documents, e4nail The American Institute of Architects' legal counsel, copyright@aia.org. application of such pnit prices taquantiti s of Wo-k1roposgd will cause substantral'ilaec}i; y;to the Offeror Contractor, the applicable unit p ees sha-ll be equitably adjusted. § 7.3.5 Upon receipt of a Construe 6 Change I7ireciive ;the Contractor shall prolmptly. piroceed wr#la`the eltaii e sa P. tived and advise the Construction Manager and Architect of the Contractor -4 ag. ernertt or tsagreeirrent if any, provided in the Construction Change Directive for determ ring the proposed- adjust erit, n , ie o"' ct Sum or Contract Time. Sr ' Construction Change Directive signed by the, Contractor indicates lim eiiEdng adjustment in Contract Sum and Contract Time or the method for 'be effective immedxateld shall lxe recorded as a Change Order. N. $ If the onstrWd gsof? anount 5 h 5 orttrtt�.tor's areeifzient there�vrth; rtnrztiizg.-.ffi . Such agree inert# shall for��tdjustri�nit In tlte<Contrxet �i�ry - >aI1 clterrrtXne tlte.t ethod aid tirc ajnstrnent on?Fh basis €rf reasonable:eperrditrxre and the Waxk aributalle to the?chanrge including, in. case of:an mcreasa an the Coittraefittna, profit as set forth in the Agreerrierit,-or if no such amount J,s set, forth in the Agreemomat, d ate, and also tinder Section 7 3.3:3, the Contractor shall keep aYti present, snob forth v2rescrtbe, an ttetrttzed accounttr g together with -appropriate vpporting data .URl d Documents;.costs forthe purposes of th>s �pc#ion 7 3 3 shad be l imted to: the lud g. soctat: ec alder e and unem to ent ibih �c g—e: bet t e€t . uzz d> p y� �1 r custom, and workers compensafion insurance; �alsPgsupplies. and:equt}3`rnent, ,ncl rug cost of tcansportati m, Whether _incorporw.Yed or jr _� in' y and equip menfT exclusive of hand tools whether -rented from the. Contractor - Ixins for all bonds d ,insurance, permit fees, and sales, use or similar taxes related to the S_ sts b stapervsion"and field office personnel directly attributable to tie erige. t be allowed by the Contractor to the Owner for a delettt rt or change that results In a net 5 shall be actual net cost as confirmed by the Constructon, --ariager ai l Architect. When v ling related Work or substttritions are involved rrt bhange; the allowwice foie overhear) o ie basis of net increase, 'ifany;,with respect to that change: mination of the -total cost of a Construction Change Directive.to the Owner, the Contractor Work completed under the Construction Change 'Directive in Applications forPayment. The 1 &tchitect will make an interim determination for purposes of monthly certification for rd certify for payment the amount that the Construction Manager and Architect>determltie -to ie irk#prim determination,'of cost shall adjust the Contract Sum -on the same basis as a Change of either party to disagree- and assert a Claim in accordance with Article 1.5. the Owner and Contractor agree with' determination unlade by the Construction Manager and Architect cone ing tie adjustments in the Contract Sum and GontractTime, or otherwise reach agreement upon the - adjustments, such agreement shall be effective immediately and the Construction Manager shall prepare a Change Order' Charzge Orders may be issued for all or any pant of a .Construction Change Directive. § 7.4 Minor Changes in the Work T—R &Xchitect has authority to order minor chai.,gcs in the Work not involving adjustment iii the Contract Sijzn or extension of the Contract Time and not iticonsistentwith the intent of the Contract Documents Such changes will"be effected by written order issued through the Construction. Manager and shall be binding on the ?weer and Contractor. �Q f1i�TlCl iw $ 'TIME " r A, E, § $1: Unless otherwise provided, Contract Time is the period of time, inelUd�rg authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. = AIA Document A232SR0 - 2009 (formerly'A201 MCMa-1992). Cop yright0-19.92 and 20.09 by The American Institute of Architects. All rights reserved- Init. WAR.Wi ts_ This.A!A� Document is protucEed by U.S. Copyright Lacs and lntematlonal ; reatiies_ Unauthor'szed reproductior. or distribution of this '2 V AIA' Document, or any portion of it, may result in severe civil and criminal punaltles, and will be prosecuted to the max-Imum extent possibly under the tail;. Purchasers are not permitted to reproduce this document To reportcopyright violations of AIA Contract Documents, a-rnail The American Institute of Architects' legal counsel, copyright@aia.org. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section'9.8: § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar clay unless otherwise specifically defined. § 9. 2 Prp'ress and Completion a limits stated in the Contract Documentsuti , are of the essence of Contract.. By execngthe AgreeYnelrt 5 " the - Onitiractor confirms that the Contract Time is a treasonable period for performing the Work. ;_ " «r�yyiu s1 2 The Contractor shall not knowaxgly, except: by agreement or instruction of me Owner ia,wnting, prezuatiii ely cor.nmence operations on the site or:.elsewherc prior to the effective: date ofiEsuranee required. -by Artiicle I i to $e, furnished by the Contractor and Owner. The date of cotmmencementpithe'iNork shall not be changed by the effective �t s date of such insurance ` § 8�1.3 The,C�@ t ctor4n�ll-proceed expeditiously with adequate forces and shaIl-achieve Substantial Completion wxn thetir#ct Ti=. Delan+Exteprsit�tns c;me ' > & 31 i�Con ctor 5s slef a Od at an time in the commencement or progress ess of the Work b' an act or ne .lect. of y<F Y P y g .tyre Q�ica Owndr's own oroe ' Construction Manager, Architect, any of the other lVlultrplePrinxe Coatraetors or an ,S z; znp oyx e any�%theiri : Qalb thanges.ardered-in. the Work; or by labor disputes; f`i e, unuisual delay in delaveries, uni;ve Wb dks6 tlhes of-Othetr causes beyond the Contractor's control, or by delay authorized by the Owner pending med>atic n a d arbi#rati+iir x�r by, er causes that the Architect, t3ased ctn the recommendation of the Construction Manager, tleteiine rrarustielay; then the Contract Tune shall .be extended by Change Order. for such reasonableattme asdetermine. ClaimsFrelatt7a gx nze shall be made it accordance with applicable provisions of Article •l5. 8.3 3 This'ect�pn 3' does ni"reclude,.recovery of damages for delay by either party under,[other�rovisions of the Contract ):©r uri�ets: ARTICLE`9:, PAYMENf5 ANp'COMPLETION 9.1 Contract urn The Contract .Siiiri is sta":the Agreement and; .including authorized adjustments, is the total amount payable' by the Owner to ti performance of the Work under the Contract Documents- 9 -2 Sch+*d: Cle.of lalttes.:: . Where the ntract is lasedn a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall submit to the CoristMetion 1Vlanager, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to .the various portions of the Work and prepared in such form and supported by such data to substantiate its <ccuracy:aslie:Construction Manager and Architect may. require. This schedule, unless objected to by the Construction,MIanager or Architect, shall be used as a basis for reviewing the. Contractor's Applications for Payment. In the- event there is one Contractor, the Construction Manager shall forward to the Architect the Contractor's schedule of values_ if there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors' schedules of values only if requested by the Architect_ } § 9.3 Applications for Payment § 9.3.1 At least fifteen days before the date established for each progress payment,. the Contractor shall subp* to'the s Construction Manager an itemized Appli'e#Wh `foi Payment prepared in accordance with the schedti'le of -values, if required under Section 9.2, for co7!0let portions of the Work. Such application shall be n9tanzed if required, and siipportedsiZy such data substanii4ttng the Contractor's right to payment as the Owner, Construction Manager or .Architect may reg are, sueli as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if`provided for:iti the Contract Documents. 9.3.1.1 As provided in Section 7.3.9, such applications may include requests far payment on account of changes in the Work that have been properly aiuthorized by Construction Change Directives, or by interim determinations of the Construction Manager and Architect, but nit yet included in Change Orders. ° Init. AIA Document A232' —2009 (formerly A201 T'mCMa-1992). Copyright© 1992 and 2009 by The American Institute of Architects. Ali rights reserved. WARNING: This Ale Document is protected by U.S. Copyright i_avy and International Treaties. Unauthorized reproduction or distribution of this 25 Ae Document, or any portion of it, may respit in severe civil and criminal penalties, and milt be prosecuted to the maximum extent possible under the lava. 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, eopyright@aia.org. § 9.3.1.2 Applications for Payment shall not include requests for. payment for portions of the Work for which the . Contractor does not intend to pay a. Subcontractor or material supplier unless such .'Work has been performed by others whom the Contractor intends to pay. 9' 3 2 i3nfess otherwise provided m the.Contract l;ocu rents, payments. shall he made. on account of mate ials and u eia delivered aril suitably stored at the site for subsequent incorporationin the Workjf approved in iivance IS r e ier, payment max similarly lxe made for matarrials and equipment suitably stored vff the rife At:a location . agreed upon in writing. Payment far ii aterials'and=equipment stored on or eff the site shall % �;iamtioned: upon ru �l ice by the Contractor wiih procedures satasfactery to. the Owner to establish the Owner s title to such ials and equipment or otherwise protect the ©«titer's interest, and shall incltfde the cosh of applicable n5uran, storage and transportatiW to the site for:suc,, rnalertals; and equipment stored off the site. 5 A , § 3.3 The Contractor is that title to all Work,covered by a;z Application for Payment will pass :to the Ctwner no 'dater than � � of pu i�t. The Contractor further v arzar> is tllrat upon submittal of an Application for Payment all WQ Ic for ��erti . ' for Paymenthavr been previo>isly issued and payments received from the Owner shall; to the best oft e C Sntr 6t{i "knowledge, inforh ati:on and belief, be free and clear of liens, clairrrs, seour Ly. interests or.. , eareumbru favor oftlie Ciiitraetor, Subcontractors, material suppliers, or other persons orentities snaking a �caiin b�irirax o%aa�ti prvttled labor, materials and -equipment relating to the Work r 94&` th r onR, Contractor, the Construction Manager will, within seven days. after the Construction � tythmntth#J R_l actoes Applicationfor Payment, review Aacation,cere.anta r ohtrutst> on 3vap agdtr nines is due the .Cotztractory; and forward..'sho. e Contractor's Application and Cerhete for Vn P4yzx ont to Arcl ft�G�it)iirt seven daXs a ter.the,Arehttect receives the Caxitxactor's Application for PaWaent' r m iheCoi trtzc 3n rs t ie Architect will either issue #b the ©wrier a :Celrtificate for Pay with :a copes to t'Ife<Constrlttion Mriager for such amount as tlie:Arehitr ct determines: is properly due, or notify the Construction -• Manabor and 4) , fifer uf, ` of the Architect" ieakons..for withholding certification in whole or fit part as ro ided in Sertxfin 9.$ 1 The Construction Manager will promptly forward to the Contractor the Architect's notice of �vit1I?oiderriifica#�74 �srr: _ § 9.42 Where there. are Multiple Prime Contractors performing portions of the Pralect,,the Construction Manager will, bvith•;n seven days afr`er the Construction Manager receives the'Multiple Priirie of tractorsApplications for °y ' ktympnt (1) review the Applications and -certify the amount the ConstructronNw6ger determines is due each ofthe x n i4Iultiple Prime c , .4 stors; (2) prepare a Summary of Contractors'. Applications for Payment by. combining. infoririation frorri eaeli l\+lltiple Prime Contractors' application with information from similar applications for - ,.,,'progress payments front other Multiple Prime Contractors.; (3) prepare a Project Application and Certificate for r ;l?aymeiit;}) certifjr;the;aznaunt the Construction Manager determines is due all Multiple Prime Contractors; and (5- -forwa -d- w S i mazy, oPContractors' Applications; for Payment and Project Application and Certificate for 1'ayrgertt to the Aed ftect. x §5,4.3 Wzth ri soVeti , after the Architect receives. the Project Application Certificate for Payment and Ihe�Sumn ary of'Contractors' Applications for Payment from the Construction Manager, the Architect will either issue to the.Owner a Project Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's reasws for withholding certification in whole or in part as provided in Section 9.5.1. The Construction Manager will promptly forward the Architect's notice of withholding certification to the Contractors.. § 9,4.4 The Construction Manager's certification of an Application for Payment or, in the case of Multiple ..n., Contractors, a Project Application and Certificate fox Payment shall be based upon the Construction Mriagez's evaluation of the Work and the information provided. as part of the Application for Payment_ The Construction Managez's,certifucation will constitte axepresentation:that, to the best of the Construction Man ager N knowledge, ' information-.,altd belief, the Work lids progressed to the point indicated and the quality of the Work is in accordance x9 . with -the'Contract Documi ats. The certification will also constitute a recommendation to the Architect and Owner that the Contractor b,pairitlie amount certified. § 9.4.5 The Architect's issuance of a Certificate for Payment or in the case of Multiple Prime Contractors, Project Application and Certificate for Payment, shall be based upon the Architect's evaluation of the Work, the recommendation of the Construction Manager, and information provided as part. of the Application for Payment or Project Application for Payment" The Architect's certification will constitute a representation that, to the best of the AIA Document A2327AF — 2009 tformerly A201 Y0"CMa—,1992)_ Copyright @ 1992 and 2009 by The American Institute of Architects" All rights reserved. Init. WARNING: This AIA® Dar-urnent is protected by US- Copyright Law and international Treaties. Linaulliorized reproduction or distribution of this Ai.e Document, or any portion of it, may result in severe cavil and criminal penalties, and waili be prosecuted to tt+e "p:axisrun € extent possible 26 under the law,. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, email The American . Institute of Architects' legal counsel, copyright@aia.org. Architect's knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. S ram§ 9s4 6 Tla representations made pursuant to Sections 9.4.4 and 9.4.5 are subject to an evaluation of the Work for r�nfoirce with the Contract Documents upon Substantial Completion, to results of subsequent tests and 1neti�?3s to correction of minor deviations from the Contract Documents prior to completion audio specific qualil cations expressed by the Construction Manager or Architect. 9 47 The issuance of a separate Certificate for Payment or a Project Certificate fbr P_at ht will not be a - representation that. the Construction Manager or Architect has (1) made exhaustive or continuous on -site inspections lfilreck the quality or tltttity of the Work, (2) reviewed the Contracro>'s eoristritction means; methods, techniques; scghences or• rocedure :. 3 reviewed co ies of re uisitions receivedfrorti Subcontractors and material su hers and , a. p q other data requested by 4he Owner to substantiate the Contractor's right to payment or (4) made examination to F'Y ascertain h0 br,for Vat urpose-the Contractor has used money previously paid on account of the Contract Stln. 9 Dectl�ns to Wt#ltf�al Certifcation Ram 1 Tc 0;i9triikb!t la fa r or Architect may withhold a Certificate for Payment or Project Certificate for Pa ier�;t ltole r ar , %ie'extent reasonably necessary to protect the Owner,, if in the Construction Manager's tir Ar ia� c opi b�he p set tations to the Owner required by Section 9.4.4 and 9 4 S=cannot be made: I the Cotastcltt a F r erect is unable to certify payment in the amount of the Application, the Cortstructton M a tll o t y the 60 actor and Owner as: provided in Section 9 4 1:and 9.4.3. If.theContractor, Construction 1Vl . rq ar it trot a,g pe. on a revised amount, the Architecf will promptly issue a Certificate for .Pain ent or a rbjedp, 4. f e tte r I'ay n t for the. amount for which the Architect is able to make such representations to the. ne;r 'bnstu'ct�on' Manager or Architect may also withhold a Certificate for Payment or, because of subsequenj y d>sc veered, %Vkftt or subsequent observatioins, may nullify the whole or a part of a Certificatc for � mepreviously issued, to such extent as may be necessary in the Gonstrt ct oti n't=or. Pw4p, : Cer�ifteate�Tbr Payment Nlarg orschEt�bk�. optnion:to protect the:Owner. from loss for which the Contractor is responsible, t eluding doss zesijirig-frojui teacts attdtsstons:escribed in Section 3.3.2.because of defective Work tint remedied; r2' third party;.clahfls filed or -reasonable evidence indicating probable filing Af stteh claims unless security acchptabl�-* the Owner is provided by the Contractor; i3i, failure of the Contractor to make payments properly to Subcontractors or for labor, materials .or equipment 4 eit onable.,evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; v - ,5 darriage4o the Owner or a separate contractor; �asqona4 —evidence that the Work will not be completed within the Contract Time, and that the unpaid balance vvouI&Aot be adequate to cover actual or liquidated damages for the anticipated delay; or- J zepeated failure to carry out the Work in accordance with the Contract Documents. 9,5''i sett the above: reasons for withholding certification are removed, certification will be made for amounts previotlyi withheld. § 9.53 If the :Architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner may; at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment,for Work properly performed or material or equipment ': :suitably delivered. If the Owner makes payments by joint cC et;k, the Owner shall notify the Architect and the Construction Manager and both will reflect such.payti enfon the next Certificate for Payment. § 9.6 Progress payments § 9.6.1 After the Architect has issued a :Certificate for Payment or Project Certificate for Payment; ti e" Owner shall " in the panient iti the manner and within the time provided in the Contract Documents, and shall so notify the ' Coastrtictidn_MMnager and+ A Or tect. § 9.62 °�ter� Toe Contractor shall pay each Subcontractor, no later than seven days Areceipt 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,=equire each Subcontractor to make payments to Sub -subcontracts rs in a similar manner_ AIA Document A232114 — 2009 (formerly A201'*"CMa--1992). Copyright @ 1992 and 2009 by The American Institute of Architects. All rights reserved. 9.6.3 The Construction Manager:awtJI: on request, ft rn s11 to a S.4hcontractor; if practicable. informatio a regarding. . percentages of completion or artiaunts applied for by the Contractor and,.actioia taken.thereon by fhe:Owner;: Construction Manager and Architect on account of portions of the Work done by such Subcontractor. The Owner has. -the right:ta request wntten:evadeztoe from_ e Contractor that the Coattaetol has p�opezly paid '�ractors and rzraterial and iprnent suppliers-o�a�d?by the Ov�ier io•the Contractor�'o� suhc6ntraeteti= .� x �or� �� e Contractcrr.fals to ftuntslt:sueh evrdenoe wrtbrn days; the0tvner.s�all have:theittQ cotztu� . S.ulicontractors to ascertain whether they lave been properly paid fgettker trie Owner;. Cot�sts�tttor�ana� °nor 4-�' $� ��� ArcTi�teet shall have an obligatlon:to pay or to see. to tl3e payment of money fo a SuFzcortiractor except as may ofhenvise be required by law. y y a 9 6 5 Contractor pa, to matenal and equFpment s tpplte shall b treated to a xr►anner sizruIar to that: provtded � t ctions .�k 9, 9.6 3% b A. ,. 9 6.6 A C"I t — anent, a prowess pay eqt ©pat tal z r entire use .or occup ey f the l'rnjeet iy the 4 ere sha %'t ons�f�, tcceptanee of Work- itst �n a cordance with the Contract Documein r ER' 1 " 7 i he cto v3des the:Owner with a.paynrrant bond in the full penal:st l Q1. f#lie Contract' ttrn y neq vecl b e etor for Work properly performed by�Sulxcontractors and�stipprii .,sha_H l held by " r 0�>r for r e � actors orsupplt rswhQ:.perfvi ed: sir k or int hed tenalsyWboftAM; er eorhtt ctct hieh payment wwas made. by the Owzter: Llothin corriuted heretn Mall require 4,0 � a> V mnrr t6 eTp a`cq&iR se e:atcountand not:comrn ogled with r a& the.Contractor, shall ieate,aii f lrx+siary ltal 3 r� lea ihty-�n these rt of bc,Con ractor fo bread o€trust or shall entitle anypersomor entity to are --wad of a lzrst the: (36. etor for breach €the requu-exnents:ot this provision �r x # Fatlure-`f }font Tf the. Cost _ arear d Architect do notssut3.a `Gertifcate,foar:Pa ent or a Pro act Certtficate for I'a ym . j .. yrt; throx fib fa o hi� 'ac o wvrthtn is urfet li days after Ilie Const uction Manager.. receipt of the Contractor s' AppI ica on.for w ent; or Tly Owrter does not pay, :the Contractor -w t}vzr:seven-da Zs aftenthe dtrte e blisl�ed .in the Contract Dac ixhts the o nt certified by the Construction Manager. and.Amhrtect ora Ed by binding tdypzst�esixtiontlxeneiitrai tornay, npon:seven.additiontal days' wri�tteri noticed €he Owner;Co�sEruction . l .arlager ri l Arch ed stc `the Work until ' a ent. of the amount ow has b een ecezved_. The Contract Time shall p P g be extend�cl appropriad. te y and _the Contract Siam shall be :increased :by the atno t: of the Contractor's reasonable costs ofshtt-down, zizyla;tart-up, plus interest as provided for in the Contract Documents. 9.8 Substanfial Coftl Olon § 9:8.I �Subsi- etion is the stage in the• progress of the: Work when the Work or:designated portion thereof is sufftcFently ciampleEt to aoaoi{dance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. r ,} §:9.8:2 Wien. the ;Contractor considers: that.the Work, or a portion thereof which the Owner agrees to aecept.separately, is substatitia'l1 compete, the Contractor shall notify the Construction Manager, and the Contractor .and Construetierr Managex shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected priot to f nakpyment. Failure to include an item on such list does not alter the responsibility of the Contractor to conrapl:ete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the list, the Architect,. assisted by W,6 Construction Manager, will remake an inspection to determine whether the Work or designated portion af is substantially ,complete. If the Architect'. s .inspection . discloses any item, whether or not included on the last, which is not sufficiently complete in accordance wAh the' requirements of the Contract Documents st that the Owner can occupy or utilize the Work or:destgnated "portion . thereof for its intended use, the C9rtract4rshali; before issuance of the Certificate of Substaatral Catnpletion, comp eWor oolreat such item upon nr3iif cation ;by the Architect., In such case, the Contraetor shah then .submit a request fdr mother inspeeton;by°the A.rehitect; assisted by the Construction Manager t�i'determine Stilstantal Cotnpetlon _V,r de i ated.. portion that the Work.or s Arlie Architect assisted b the Construction Manager, determines § 9.8.�4 When y tru g ,� P thereof is substantially complete, the Construction Manager will prepare, and.the Construction Manager and Architect shall execute a Certificate of Substantiai Completion that 'hall establish: the:. date of Substantial. Completion, 1 shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work AIA Document A232iD9 —2009 (formerly A201 WC.Ma-1192)_ Copyright © 1992 and 2009 by The American institute•of Architects. All ri.ghts.res.erved_ Init. YVAP'i�t�iG: his AIA° Docur 4ent is protected by J.S. Cops€ght t_agy are International Treaties. unauthorized reproduction or distribution of this AIA° i3ovurnerst; or any portion of it; may result in severe civil and crInM ai penalties, and will ba urosecutea .to the maximurrm extent pps=_ible under the lava. 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 a@aia.ofg_ z'$