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<br />AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
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<br />The American Institute of Architects. This document was produced at 16:07:00 ET on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not
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<br />User Notes: (1345795138)
<br />15
<br />§ 3.7 Permits, Fees, Notices and Compliance with Laws
<br />§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
<br />permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
<br />execution and completion of the Work that are customarily secured after execution of the Contract and legally required
<br />at the time bids are received or negotiations concluded. Contractor’s obligation to secure permits is contingent upon
<br />receipt of plans complying with the laws, statutes, ordinances codes, rules and guidelines on which the party or entity
<br />issuing the permit or conducting the inspection will rely.
<br />§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
<br />rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
<br />§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules
<br />and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such
<br />Work and shall bear the costs attributable to correction.
<br />§ 3.7.4 Concealed or Unknown Conditions
<br />If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions
<br />that differ materially from those indicated in the Contract Documents or geotechnical report prepared in anticipation
<br />of or in connection with the Projector (2) unknown physical conditions of an unusual nature that differ materially from
<br />those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided
<br />for in the Contract Documents, the Contractor shall promptly provide written notice to the Owner and the Architect
<br />before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Owner
<br />and Architect will promptly investigate such conditions and, if determined that they differ materially and cause an
<br />increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, an equitable
<br />adjustment will be made in the Contract Sum or Contract Time, or both. If determined that the conditions at the site are
<br />not materially different from those indicated in the Contract Documents and that no change in the terms of the
<br />Contract is justified, the Contractor shall be promptly notified in writing, stating the reasons. If Contractor disputes the
<br />determination, it may submit a Claim as provided in Article 15.
<br />§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial
<br />markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately
<br />suspend any operations that would affect them and shall notify the Owner and Architect in writing. Upon receipt of
<br />such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to
<br />resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the
<br />Owner but shall continue with all other operations that do not affect those remains or features. The Owner shall be
<br />responsible for costs or delays resulting from an occurrence described in this section. Requests for adjustments in the
<br />Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in
<br />Article 15.
<br />§ 3.8 Allowances
<br />§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items
<br />covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but
<br />the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.
<br />§ 3.8.2 Unless otherwise provided in the Contract Documents,
<br />.1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all
<br />required taxes, less applicable trade discounts;
<br />.2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and
<br />other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but
<br />not in the allowances; and
<br />.3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly
<br />by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs
<br />and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.
<br />§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time so as to not delay
<br />the Work expressed in any agreed project schedule.
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