HomeMy WebLinkAboutRatify Contract - Madison Lifestyle Parking Garage CMc Proj No 123-074 - FA WilhelmAIA Document A133° - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
AGREEMENT made as of the a 22nd'.i day of a April y> in the year u2025:
(In words, indicate day, month, and year.)
BETWEEN the Owner:
(Name, legal status, address, and other information)
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
and the Construction Manager:
(Name, legal status and address)
F. A. Wilhelm Construction Co., Inc.
3914 Prospect Street
Indianapolis, IN 46203
for the following Project:
(Name and address or location)
Madison Lifestyle District - Parking Garage CV.
The Architect:
(Name, legal status and address)
American Structurepoint Inc.
9025 Diver Road. Suite 200
Indianapolis, IN 46240
The Owner's Designated Representative:
(Name, address and other information)
Kara Bayles
City of South Bend
227 W. Jefferson Blvd., Ste. 1316
South Bend. IN 46601
�:l lt}w.al]ki:lllil'�1t.. skl
(574)235-5933
ADDITIONS AND DELETIONS: The
author of this document has added
information needed for its
completion. The author may also
have revised the text of the
original AIA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
This document has important legal
consequences. Consultation with an
attorney is encouraged with
respect to its completion or
modification.
AIA Document A201-2017, General
Conditions of the Contract for
Construction, is adopted in this
document by reference. Do not use
with other general conditions
unless this document is modified.
ELECTRONIC COPYING of any portion
of this AIA` Document to another
electronic file is prohibited and
constitutes a violation of
copyright laws as set forth in the
£otter of this document.
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of A
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1
American Institute of Architects. This draft was produced at 08:52:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 GENERAL PROVISIONS
3 CONSTRUCTION MANAGER'S RESPONSIBILITIES
4 OWNER'S RESPONSIBILITIES
5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
7 COST OF THE WORK FOR CONSTRUCTION PHASE
8 DISCOUNTS, REBATES, AND REFUNDS
9 SUBCONTRACTS AND OTHER AGREEMENTS
10 ACCOUNTING RECORDS
11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
12 DISPUTE RESOLUTION
13 TERMINATION OR SUSPENSION
14 MISCELLANEOUS PROVISIONS
15 SCOPE OF THE AGREEMENT
EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT
EXHIBIT B INSURANCE AND BONDS
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
(For each item in this section, insert the information or a statement such as "not applicable " or "unknown at time
of execution. ')
§ 1.1.1 The Owner's program for the Project, as described in Section 4.1.1:
(Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in
which the program will be developed.)
IA Document A133 - 2019, Copyright - 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 2
At.
"American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Architects. This draft was produced at 08:52:26 ET on 10/11/2023 under Order No.2114477497 which
eapir es on 1011012024, is not for resale, is licensed for one-time use only, and may only ,e used in accordance with the
.AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
The Madison Street Garage is approximately a 664-space, seven -story structured garage and
concrete podium which will facilitate the construction of multi -family housing and commercial
space that will wrap the parking structure.
§ 1.1.2 The Project's physical characteristics:
(Identify or describe pertinent information about the Project's physical characteristics, such as
size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic
and utility studies; availability of public and private utilities and services; legal description of
the site, etc.)
The program for the Project is described in the Design Scope document, prepared by American
Structurepoint and incorproated as Exhibit l .
§ 1.1.3 The Owner's budget for the Guaranteed Maximum Price, as defined in Article 6:
(Provide total and, if known, a line item breakdown.)
Not to exceed
Guaranteed Maximum Price budget
§ 1.1.4 The Owner's anticipated design and construction milestone dates:
.1 Design phase milestone dates, if any:
Unknown at the time of execution of this agreement. The Owner, Architect, and
Construction Manager will work together to define a mutually agreeable project
schedule, including design activities.
.2 Construction commencement date:
subject to change per the mutually agreeable project schedule
noted above.
.3 Substantial Completion date or dates:
IA Document A133 - 2019. Copyright "s 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 3
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Architects. This draft was produced at 08:52:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
subject to change per the mutually agreeable project schedule noted
above..
.4 Other milestone dates:
Unknown at the time of execution of this agreement.
§ 1.1.5 The Owner's requirements for accelerated or fast -track scheduling, or phased
construction, are set forth below:
(Identify any requirements,for fast -track scheduling or phased construction.)
Primary construction activities should take place in a manner consistent with Section 1.1.4.
§ 1.1.6 The Owner's anticipated Sustainable Objective for the Project:
(Identify and describe the Owner's Sustainable Objective for the Project, if any.)
No specific sustainably objectives have been identified at the time of execution of this
agreement. The Owner anticipates developing mutually agreeable and reasonably achievable
sustainability goals in consultation with the Architect and Construction Manager.
§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager
shall complete and incorporate AIA Document E234TM-2019, Sustainable Projects Exhibit,
Construction Manager as Constructor Edition, into this Agreement to define the terms,
conditions and services related to the Owner's Sustainable Objective. If E234-2019 is
incorporated into this agreement, the Owner and Construction Manager shall incorporate the
completed E234-2019 into the agreements with the consultants and contractors performing
services or Work in any way associated with the Sustainable Objective.
§ 1.1.7 Other Project information:
(Identify special characteristics or needs of the Project not provided elsewhere.)
TBD
§ 1.1.8 The Owner identifies the following representative in accordance with Section 4.2:
(List name, address, and other contact information.)
»Zach Hurst
»City of South Bend Department of Public Works
227 W. Jefferson Blvd., Ste. 1316
South Bend, IN 46601
Office: (574) 235-3057
I:. Decument A133 - 2019. Copyright 1991, 2003, 2009, and 2019, All rights re.se_•ed. "The American I—itute of
merica n. Institute of Archirects," "AIA," the AIi• too, and "AIa Coluracr Documents" are trademarks of The 4
As chi L?ct s," ".� ,,,
srican Lnstiture of Arahitecta-;, This draft , produced at 03:5226 -_T on 10/11/2013 under Order PIo.2719477497 nhich
pir-s o 10/10/292A, is not for rasale, is Lc�ns ad for o. - ill use o and m only be used i accordance will the
Ala Co___t Documents Terms of Ser ice. To report r_co•}right 4 olatio s,� e-mail docinfo@aia contra ccs. con.
User Notes:
AIA Document A13T - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
{< »Lhurst@southbendin.gov
§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to
review the Construction Manager's submittals to the Owner are as follows:
(List name, address and other contact information.)
§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to
review the Construction Manager's submittals to the Owner are as follows:
(List name, address and other contact information.)
§ 1.1.10 The Owner shall retain the following consultants and contractors:
(List name, legal status, address, and other contact information.)
.1 Geotechnical Engineer:
.2 Civil Engineer:
American Structurepoint
0 »
cc »
cc »
cc »
.3 Other, if any:
(List any other consultants retained by the Owner, such as a Project or Program
Manager.)
<A »
§ 1.1.11 The Architect's representative:
(List name, address, and other contact information.)
IA Document Ali. _9. Copyright ' 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of C
Architects," "American Institute of Architects,` -AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The J
American Institute of Architects. This draft was produced at 09:52:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract DocumentsE Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 1.1.12 The Construction Manager identifies the following representative in accordance with
Article 3:
(List name, address, and other contact information.)
§ 1.1.13 The Owner's requirements for the Construction Manager's staffing plan for
Preconstruction Services, as required under Section 3.1.9:
(List any Owner -specific requirements to be included in the staffing plan.)
Not applicable
§ 1.1.14 The Owner's requirements for subcontractor procurement for the performance of the
Work:
(List any Owner -specific requirements for subcontractor procurement.)
As set forth in this agreement and in accordance with Indiana Code 5-32 (Employment of
Construction Managers as Constructors for Projects).
§ 1.1.15 Other Initial Information on which this Agreement is based:
Not applicable
§ 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties,
however, recognize that such information may materially change and, in that event, the Owner
and the Construction Manager shall appropriately adjust the Project schedule, the Construction
Manager's services, and the Construction Manager's compensation. The Owner shall adjust the
Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and
construction milestones, as necessary, to accommodate material changes in the Initial
Information.
§ 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed
without ten days' prior notice to the other party.
IA Document A133 - 2019. Copyright .t 1991, 2003, 2009, and 2019. Al' rights reseed. "The American Institute of C
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The V
American Institute of Archi sects. This draft was oroduced at OS:52:26 ET on 10/11/2023 under Order P1o.2114477g97 which
eapir=_s on 10/10/2024, is not :or resale, is licensed for one-time use only, and may only be used in accordance with the
ALA Contract Documents` Terms of Se*_vice;. To report copyright violations, e-mail docinfozaiacontracts.com..
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
ARTICLE 2 GENERAL PROVISIONS
§ 2.1 The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (AIA Document
A201TM-2017, General Conditions of the Contract for Construction, unmodified , Drawings,
Specifications, Addenda issued prior to execution of this Agreement, other documents listed in
this Agreement, and Modifications issued after execution of this Agreement, all of which form
the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated
herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum
Price proposal, the Contract Documents will also include the documents described in Section
3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by
the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents
the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. If anything in the other Contract
Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall
govern. An enumeration of the Contract Documents, other than a Modification, appears in
Article 15.
§ 2.2 Relationship of the Parties
The Construction Manager accepts the relationship of trust and confidence established by this
Agreement and covenants with the Owner to cooperate with the Architect and exercise the
Construction Manager's skill and judgment in furthering the interests of the Owner to furnish
efficient construction administration, management services, and supervision; to furnish at all
times an adequate supply of workers and materials; and to perform the Work in an expeditious
and economical manner consistent with the Owner's interests. The Owner agrees to furnish or
approve, in a timely manner, information required by the Construction Manager and to make
payments to the Construction Manager in accordance with the requirements of the Contract
Documents.
§ 2.3 General Conditions
§ 2.3.1 For the Preconstruction Phase, AIA Document A201Tm-2017, General Conditions of the
Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of
Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information
Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional
Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term
"Contractor" as used in A201-2017 shall mean the Construction Manager.
§ 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in
A201-2017, which document is incorporated herein by reference. The term "Contractor" as used
in A201-2017 shall mean the Construction Manager.
IA Document A133 - 2019. Copyright - 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 7
Architects,, "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Architects. This draft was produced at 06:52:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time u e only, and may only be used i ccordance with the
AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontractsacom.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES
The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3
and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The
Construction Manager's Construction Phase responsibilities are set forth in Section 3.3. The
Owner and Construction Manager may agree, in consultation with the Architect, for the
Construction Phase to commence prior to completion of the Preconstruction Phase, in which
case, both phases will proceed concurrently. The Construction Manager shall identify a
representative authorized to act on behalf of the Construction Manager with respect to the
Project.
§ 3.1 Preconstruction Phase
§ 3.1.1 Extent of Responsibility
The Construction Manager shall exercise reasonable care in performing its Preconstruction
Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for,
the accuracy, completeness, and timeliness of services and information furnished by the
Construction Manager. The Construction Manager, however, does not warrant or guarantee
estimates and schedules except as may be included as part of the Guaranteed Maximum Price.
The Construction Manager is not required to ascertain that the Drawings and Specifications are
in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of public authorities, but the Construction Manager shall promptly report to the Architect
and Owner any nonconformity discovered by or made known to the Construction Manager as a
request for information in such form as the Architect may require.
§ 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner's
program, schedule and construction budget requirements, each in terms of the other.
§ 3.1.3 Consultation
§ 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and
Owner to discuss such matters as procedures, progress, coordination, and scheduling of the
Work.
§ 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use
and improvements, selection of materials, building systems, and equipment. The Construction
Manager shall also provide recommendations to the Owner and Architect, consistent with the
Project requirements, on constructability; availability of materials and labor; time requirements
for procurement, installation and construction; prefabrication; and factors related to construction
cost including, but not limited to, costs of alternative designs or materials, preliminary budgets,
life -cycle data, and possible cost reductions. The Construction Manager shall consult with the
Architect regarding professional services to be provided by the Construction Manager during the
Construction Phase.
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved, "The American Institute of O
Architen
ts," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The O
American Institute of Architecis. This draft was prod ur_ed at 09:32: 26 ET on 10/11,2023 under Order No.2114177191 which
expires on 10/10/202', is not for resale, is licensed for one-time use only, and may only be used in accordance wich the
AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building
information modeling and digital data protocols for the Project, using AIA Document E203TM-
2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the
development, use, transmission, and exchange of digital data.
§ 3.1.4 Project Schedule
When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction
Manager shall prepare and periodically update a Project schedule for the Architect's review and
the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the
portion of the Project schedule relating to the performance of the Architect's services. The
Project schedule shall coordinate and integrate the Construction Manager's services, the
Architect's services, other Owner consultants' services, and the Owner's responsibilities; and
identify items that affect the Project's timely completion. The updated Project schedule shall
include the following: submission of the Guaranteed Maximum Price proposal; components of
the Work; times of commencement and completion required of each Subcontractor; ordering and
delivery of products, including those that must be ordered in advance of construction; and the
occupancy requirements of the Owner.
§ 3.1.5 Phased Construction
The Construction Manager, in consultation with the Architect, shall provide recommendations
with regard to accelerated or fast -track scheduling, procurement, and sequencing for phased
construction. The Construction Manager shall take into consideration cost reductions, cost
information, constructability, provisions for temporary facilities, and procurement and
construction scheduling issues.
§ 3.1.6 Cost Estimates
§ 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the
Construction Manager shall prepare, for the Architect's review and the Owner's approval,
preliminary estimates of the Cost of the Work or the cost of program requirements using area,
volume, or similar conceptual estimating techniques. If the Architect or Construction Manager
suggests alternative materials and systems, the Construction Manager shall provide cost
evaluations of those alternative materials and systems.
§ 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design
Development and Construction Documents, the Construction Manager shall prepare and update,
at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an
estimate of the Cost of the Work with increasing detail and refinement. The Construction
Manager shall include in the estimate those costs to allow for the further development of the
design, price escalation, and market conditions, until such time as the Owner and Construction
Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided
for the Architect's review and the Owner's approval. The Construction Manager shall inform the
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of f'f
Architects,, "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 9
American Institute of Architects. This draft was produced at 06:52:26 ET on 10/11/2023 under Order No.2114477497 which
e::pires on 10/10/2024, is not for resale, is licensed for one
use only, and may on l_v be used in accordance with the
AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A1330 - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest
approved Project budget and make recommendations for corrective action.
§ 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a
discrepancy exists between the Construction Manager's cost estimates and the Architect's cost
estimates, the Construction Manager and the Architect shall work together to reconcile the cost
estimates.
§ 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design
Development and Construction Documents, the Construction Manager shall consult with the
Owner and Architect and make recommendations regarding constructability and schedules, for
the Architect's review and the Owner's approval.
§ 3.1.8 The Construction Manager shall provide recommendations and information to the Owner
and Architect regarding equipment, materials, services, and temporary Project facilities.
§ 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase
services for the Owner's review and approval.
§ 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager
shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234TM-
2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to
this Agreement.
§ 3.1.11 Subcontractors and Suppliers
§ 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section
1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner's
requirements, for the Owner's review and approval. In addition, in accordance with Indiana Code
5-32 the Construction Manager may prequalify potential subcontractors based on written criteria
developed by the Construction Manager and approved by the Owner. Approval shall not be
unreasonably withheld. Upon approval, the written criteria shall become the Owner's established
and published bidder prequalification criteria for the Project. The Construction Manager shall bid
and award first -tier subcontracts in accordance with Indiana Code 5-32 and 36-1-12.
§ 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project, including, but
not limited to, outreach events and or meetings as suggested by the Owner. The Construction
Manager shall use its best efforts to meet the subcontractor participation goals as set forth under
Indiana Code 5-32.
§ 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during
the Preconstruction Phase.
IA Document A133 - 2019. Copyright ` 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 10
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Architects. This draft was produced at 0B:12:16 ET cn 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents' Terms of service. To report copyright violations, e-mail docinfo@aiacontracts. com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 3.1.12 Procurement
The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance,
a procurement schedule for items that must be ordered in advance of construction. The
Construction Manager shall expedite and coordinate the ordering and delivery of materials that
must be ordered in advance of construction. If the Owner agrees to procure any items prior to the
establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms
and conditions acceptable to the Construction Manager. Upon the establishment of the
Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the
Construction Manager and the Construction Manager shall thereafter accept responsibility for
them.
§ 3.1.13 Compliance with Laws
The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules
and regulations, and lawful orders of public authorities applicable to its performance under this
Contract, and with equal employment opportunity programs, and other programs as may be
required by governmental and quasi -governmental authorities.
§ 3.1.14 Other Preconstruction Services
Insert a description of any other Preconstruction Phase services to be provided by the
Construction Manager, or reference an exhibit attached to this document.
(Describe any other Preconstruction Phase services, such as providing cash flow projections,
development of a project information management system, early selection or procurement of
subcontractors, etc.)
§ 3.1.15 Self -Performed Work
The Construction Manager may self -perform a portion of the Work not to exceed the percentage
of the value of the Project as permitted by Indiana Code 5-32; provided, however, the
Construction Manager shall submit and open its bids for these portions of the Work at the same
time and in accordance with the same bid requirements as all other bidders for the Project. The
Construction Manager shall be awarded the portion of the work for which the Construction
Manager's bid is the lowest responsive and responsible bid. Any such self -performed portion of
the Work for which the Construction Manager is determined to be the lowest responsive and
responsible bid shall be documented in the Guaranteed Maximum Price proposal or in a Change
Order, if the bids for such portion of the Work are completed after acceptance of the Guaranteed
Maximum Price proposal.
§ 3.2 Guaranteed Maximum Price Proposal
§ 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the
Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and
Architect's review, and the Owner's acceptance. The Guaranteed Maximum Price in the proposal
IA Document A133 - 2019, Copyright 1991, 2003, 2009, and 21l1. A11 rights reserved. "The American Institute of 1 1
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "At
Contract Documents" are trademarks of The
American Institute of Architects, This draft was produced at 08:52:26 ET on 10/11/2023 under Order No. 2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use on 1y, and may only ,e used in accordance with the
AIA Contract Documents- Terms of Service. To report copyright violations, -mail docinfo@ ai acontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
shall be the sum of the Construction Manager's estimate of the Cost of the Work, the
Construction Manager's contingency described in Section 3.2.4, and the Construction Manager's
Fee described in Section 6.1.2.
§ 3.2.2 To the extent that the Contract Documents are anticipated to require further development,
the Guaranteed Maximum Price includes the costs attributable to such further development
consistent with the Contract Documents and reasonably inferable therefrom. Such further
development does not include changes in scope, systems, kinds and quality of materials, finishes,
or equipment, all of which, if required, shall be incorporated by Change Order.
§ 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a
written statement of its basis, which shall include the following:
.1 A list of the Drawings and Specifications, including all Addenda thereto, and the
Conditions of the Contract;
.2 A list of the clarifications and assumptions made by the Construction Manager in the
preparation of the Guaranteed Maximum Price proposal, including assumptions
under Section 3.2.2;
.3 A statement of the proposed Guaranteed Maximum Price, including a statement of
the estimated Cost of the Work organized by trade categories or systems, including
allowances; the Construction Manager's contingency set forth in Section 3.2.4; and
the Construction Manager's Fee;
.4 The anticipated date of Substantial Completion upon which the proposed Guaranteed
Maximum Price is based; and
.5 A date by which the Owner must accept the Guaranteed Maximum Price.
§ 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the
Construction Manager shall include a contingency for the Construction Manager's exclusive use
to cover those costs that are included in the Guaranteed Maximum Price but not otherwise
allocated to another line item or included in a Change Order.
§ 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the
Guaranteed Maximum Price proposal. In the event that the Owner or Architect discover any
inconsistencies or inaccuracies in the information presented, they shall promptly notify the
Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum
Price proposal, its basis, or both.
§ 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the
Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed
Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective
without further acceptance from the Construction Manager. Following acceptance of a
Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed
Maximum Price Amendment amending this Agreement, a copy of which the Owner shall
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 12
Arc hire ct a,, "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 1
American. Institute of Architects. This draft was produced at 08:52:26 ET on 10/11/2023 under Order No.2119977497 which
er.pires on 10/10/2024, r not for resale, is licensed far one-time use only, and may only be used in accordance with the
AIA Contract Documents• Terms of Service,. To report copyright violations, e-mail docinfo@aiacantracts.com.
User Notes:
AIA Document A1330 - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed
upon Guaranteed Maximum Price with the information and assumptions upon which it is based.
§ 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of
the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the
Owner provides prior written authorization for such costs.
§ 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that
incorporate the agreed -upon assumptions and clarifications contained in the Guaranteed
Maximum Price Amendment. The Owner shall promptly furnish such revised Contract
Documents to the Construction Manager. The Construction Manager shall notify the Owner and
Architect of any inconsistencies between the agreed -upon assumptions and clarifications
contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents.
§ 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales,
consumer, use and similar taxes for the Work provided by the Construction Manager that are
legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price
Amendment is executed.
§ 3.3 Construction Phase
§ 3.3.1 General
§ 3.3.1.1 For purposes of Section 8.1.2 of A201-2017, the date of commencement of the Work
shall mean the date of commencement of the Construction Phase.
§ 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed
Maximum Price Amendment or, prior to acceptance of the Guaranteed Maximum Price proposal,
by written agreement of the parties. The written agreement shall set forth a description of the
Work to be performed by the Construction Manager, and any insurance and bond requirements
for Work performed prior to execution of the Guaranteed Maximum Price Amendment.
§ 3.3.2 Administration
§ 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters
as procedures, progress, coordination, scheduling, and status of the Work. The Construction
Manager shall prepare and promptly distribute minutes of the meetings to the Owner and
Architect.
§ 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction
Manager shall prepare and submit to the Owner and Architect a construction schedule for the
Work and a submittal schedule in accordance with Section 3.10 of A201-2017.
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 1
Architects,, "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 13
American Institute of Architects. This draft was produced at 08: 52:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2029, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents` Terms of Service. To report copyright violations, e-mail docinto@aiacontracts.com.
User Notes:
AIA Document A1330 - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 3.3.2.3 Monthly Report
The Construction Manager shall record the progress of the Project. On a monthly basis, or
otherwise as agreed to by the Owner, the Construction Manager shall submit written progress
reports to the Owner and Architect, showing percentages of completion and other information
required by the Owner.
§ 3.3.2.4 Daily Logs
The Construction Manager shall keep, and make available to the Owner and Architect, a daily
log containing a record for each day of weather, portions of the Work in progress, number of
workers on site, identification of equipment on site, problems that might affect progress of the
work, accidents, injuries, and other information required by the Owner.
§ 3.3.2.5 Cost Control
The Construction Manager shall develop a system of cost control for the Work, including regular
monitoring of actual costs for activities in progress and estimates for uncompleted tasks and
proposed changes. The Construction Manager shall identify variances between actual and
estimated costs and report the variances to the Owner and Architect, and shall provide this
information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3
above.
ARTICLE 4 OWNER'S RESPONSIBILITIES
§ 4.1 Information and Services Required of the Owner
§ 4.1.1 The Owner shall provide information with reasonable promptness, regarding
requirements for and limitations on the Project, including a written program which shall set forth
the Owner's objectives, constraints, and criteria, including schedule, space requirements and
relationships, flexibility and expandability, special equipment, systems, sustainability and site
requirements.
§ 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction
Manager may request in writing that the Owner provide reasonable evidence that the Owner has
made financial arrangements to fulfill the Owner's obligations under the Contract. After
execution of the Guaranteed Maximum Price Amendment, the Construction Manager may
request such information as set forth in A201-2017 Section 2.2.
§ 4.1.3 The Owner shall establish and periodically update the Owner's budget for the Project,
including (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner's other
costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly
increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the
Construction Manager and Architect. The Owner and the Architect, in consultation with the
IA Document A133 - 2019. Copyright _ 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 1 4
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Architects. This draft was produced at 08:52:26 ET on 10/11/2023 under Order No.2119977997 which
expires on 10/10/202 d, is not for resale, is licensed for one use only, and may only be used in accordance with the
P.IA Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.ccm.
User Notes:
AIA Document A133S - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
Construction Manager, shall thereafter agree to a corresponding change in the Project's scope
and quality.
§ 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the
Preconstruction Phase, the Owner shall furnish the following information or services with
reasonable promptness. The Owner shall also furnish any other information or services under the
Owner's control and relevant to the Construction Manager's performance of the Work with
reasonable promptness after receiving the Construction Manager's written request for such
information or services. The Construction Manager shall be entitled to rely on the accuracy of
information and services furnished by the Owner but shall exercise proper precautions relating to
the safe performance of the Work.
§ 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law and as
otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air
and water pollution, and tests for hazardous materials.
§ 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations
and utility locations for the site of the Project, and a written legal description of the site. The
surveys and legal information shall include, as applicable, grades and lines of streets, alleys,
pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -
of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and other necessary data with respect to existing
buildings, other improvements and trees; and information concerning available utility services
and lines, both public and private, above and below grade, including inverts and depths. All the
information on the survey shall be referenced to a Project benchmark.
§ 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical
engineers, which may include test borings, test pits, determinations of soil bearing values,
percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests
and resistivity tests, including necessary operations for anticipating subsoil conditions, with
written reports and appropriate recommendations.
§ 4.1.5 During the Construction Phase, the Owner shall furnish information or services required
of the Owner by the Contract Documents with reasonable promptness. The Owner shall also
furnish any other information or services under the Owner's control and relevant to the
Construction Manager's performance of the Work with reasonable promptness after receiving
the Construction Manager's written request for such information or services.
§ 4.1.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its
responsibilities as required in AIA Document E234TM-2019, Sustainable Projects Exhibit,
Construction Manager as Constructor Edition, attached to this Agreement.
IA Document A133 - 2019. Copyright g 1991, 2003, 2009, and 2019. All rights reserved,."The American Institute of 15
Architects,, "American Institute of Arehi to cts," "AIA," the AIA Logo, and "AIA Contract Docymen ts" are trademarks of The
American Institute of Architects, This draft was produced at OP:SZ :2o ET on 10/11/2023 under Order No.2119977997 which
expires on 10, 10/2029, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents• Terms of Service. To report copyright violations, e-mail docinfo@ai acontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 4.2 Owner's Designated Representative
The Owner shall identify a representative authorized to act on behalf of the Owner with respect
to the Project. The Owner's representative shall render decisions promptly and furnish
information expeditiously, so as to avoid unreasonable delay in the services or Work of the
Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2017, the
Architect does not have such authority. The term "Owner" means the Owner or the Owner's
authorized representative.
§ 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting
services, including auditing services, that may be reasonably necessary at any time for the
Project to meet the Owner's needs and interests.
§ 4.3 Architect
The Owner shall retain an Architect to provide services, duties and responsibilities as described
in AIA Document B133TM-2019, Standard Form of Agreement Between Owner and Architect,
Construction Manager as Constructor Edition, including any additional services requested by the
Construction Manager that are necessary for the Preconstruction and Construction Phase services
under this Agreement. The Owner shall provide the Construction Manager with a copy of the
scope of services in the executed agreement between the Owner and the Architect, and any
further modifications to the Architect's scope of services in the agreement.
ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SER
VICES
§ 5.1 Compensation
§ 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1
and 3.2, the Owner shall compensate the Construction Manager as follows:
(Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as
applicable.)
The total lump sum amount of Thirty -Eight Thousand Dollars ($38,000)
§ 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager
and the Construction Manager's Consultants and Subcontractors, if any, are set forth below.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)
Not Applicable
Individual or Position Rate
IA Document A133 - 1019. Copyright _ 1991, 2003, 2009, and 2019. All rights reserved, "The American Institute of q /�
Architects," ".'American Institute of Architects," "AIA.," the AIA Sogo, and "AIA Cont-act Documents" are trademarks of The I V
American. Instirute of Arc'hitec Is This draft was produced at 05: 52:26 5T on 10i 11 /2023 under Order '11,11-]4m , which
AIres on 10/10/202L1, is not for r=_sale, licensed or one -Lime use only, and may only be used in accordant= with cne
A Contract oocumenc.s' Terms of Service. To repor_ r_opyrighc violations, e-mail docinfo@aiaeontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or
incurred by the Construction Manager, as required by law or collective bargaining agreements,
for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by
collective bargaining agreements, customary benefits such as sick leave, medical and health
benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute
a Modification.
§ 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed
within << five » ( <<5 i) ) months of the date of this Agreement, through no fault of the
Construction Manager, the Construction Manager's compensation for Preconstruction Phase
services shall be equitably adjusted.
§ 5.2 Payments
§ 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to
services performed.
§ 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.
Amounts unpaid «thirty _» ( 00 ») days after the invoice date shall bear interest at the rate
entered below, or in the absence thereof at the legal rate prevailing from time to time at the
principal place of business of the Construction Manager.
(Insert rate of monthly or annual interest agreed upon.)
There will be no interest on late payments.
ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
§ 6.1 Contract Sum
§ 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the
Construction Manager's performance of the Contract after execution of the Guaranteed
Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7
plus the Construction Manager's Fee.
§ 6.1.2 The Construction Manager's Fee:
(State a lump sum, percentage of Cost of the Work or other provision for determining the
Construction Manager's Fee.)
2.75% of the Cost of the Work as defined in Article 7.
§ 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work:
2.75% of the Cost of the Work of the change as defined in Article 7.
I?. Documenn A133 - 2019. Copyright 1991, 2003, 2009, and 2019. .411 rights reserved. "The American Institute cf 17
A, hiczccs," "American Tnsti lute of Archl tacts," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
Am rican Its,
of Archit=_c ts. This draft was produced at OE: 52:20 �T on 10; 11;?023 under Order No.21119 %491 which
a:;pi__ on 10/10/202; s not for -wale, _ licensed f _-time_ use only, and may only be used in accordance with she
AIA Contract Documenrs• Terms of Service. To r__orc r oyrighr aiclati—, e-mail docinfo@aiaconrracts. coin.
User Notes:
AIA Document A133D - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 6.1.4 Limitations, if any, on a Subcontractor's or the Construction Manager's self -performed
work overhead and profit for increases in the cost of its portion of the Work:
1 For each subcontractor, sub -subcontractor, or the Construction Manager's self -performed
work, for work performed by its own force, ten percent (10%) of that cost.
.2 For each subcontractor, or the Construction's Manager's self -performed work, for Work
performed by its subcontractors or sub -subcontractors, five percent (5%) of that cost.
.3 Costs to which overhead and profit are to be applied shall be determined in accordance
with Section 7.3.4 of A201-2017.
§ 6.1.5 Rental rates for Construction Manager -owned equipment shall not exceed the standard
rental rate paid at the place of the Project.
§ 6.1.6 Liquidated damages, if any:
(Insert terms and conditions for liquidated damages, if any.)
Not applicable.
§ 6.1.7 Other:
(Insert provisions for bonus, cost savings or other incentives, if any, that might result in a
change to the Contract Sum.)
Not applicable.
§ 6.2 Guaranteed Maximum Price
The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed
Maximum Price set forth in the Guaranteed Maximum Price Amendment, subject to additions
and deductions by Change Order as provided in the Contract Documents. Costs which would
cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager
without reimbursement by the Owner. Savings shall be shared 80% to the Owner and 20% to the
Construction Manager however the Construction Manager's savings share shall not exceed
$100,000.
§ 6.3 Changes in the Work
§ 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the
general scope of the Contract consisting of additions, deletions or other revisions. The Owner
shall issue such changes in writing. The Construction Manager may be entitled to an equitable
adjustment in the Contract Time as a result of changes in the Work.
§ 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA
Document A201-2017, General Conditions of the Contract for Construction.
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019".A11 riyh is cese-ved. "The American Institute cf q O
c
hi
'
errs," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The I O
American Institute of Architects. Thia draft was produced at 08:52:26 ET on 10/L1/2023 under order No.2114177447 which
eap iras on 10/10/2024, not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documon ts� Tc_ of Service. To report copyright violations, _-mail doc-nfo@aiacontrarts.com.
User Notes:
AIA Document A133" - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work
subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined
by any of the methods listed in Article 7 of AIA Document A201-2017, General Conditions of
the Contract for Construction.
§ 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined
in accordance with Article 7 of A201-2017, as they refer to "cost" and "fee," and not by Articles
6 and 7 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior written
consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those
subcontracts.
§ 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and
"costs" as used in Article 7 of AIA Document A201-2017 shall mean the Cost of the Work as
defined in Article 7 of this Agreement and the term "fee" shall mean the Construction Manager's
Fee as defined in Section 6.1.2 of this Agreement.
§ 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction
Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the
aggregate, that application of the adjustment provisions of Section 6.1.3 will cause substantial
inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be
equitably adjusted on the same basis that was used to establish the Fee for the original Work, and
the Guaranteed Maximum Price shall be adjusted accordingly.
ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE
§ 7.1 Costs to Be Reimbursed
§ 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction
Manager in the proper performance of the Work. The Cost of the Work shall include only the
items set forth in Sections 7.1 through 7.7.
§ 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior
approval, the Construction Manager shall obtain such approval in writing prior to incurring the
cost.
§ 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project,
except with prior approval of the Owner.
§ 7.1.4 For the Construction Manager's self -performed portion of the Work, if any, awarded in
accordance with Section 3.1.15, the current lump sum amount for that portion of Work as
documented in the Guaranteed Maximum Price proposal or by Change Order shall be the cost to
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019, All rights reserved. "The American Institute of 19
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Architects. This draft was produced at 01 12:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@a Taco ntracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
be reimbursed. Costs included in the Construction Manager's self -performed portion of the Work
shall not be reimbursed as part of any other section in Article 7.
§ 7.2 Labor Costs
§ 7.2.1 Wages or salaries of construction workers directly employed by the Construction
Manager to perform the construction of the Work at the site or, with the Owner's prior approval,
at off -site workshops.
§ 7.2.2 Wages or salaries of the Construction Manager's supervisory and administrative
personnel when stationed at the site and performing Work, with the Owner's prior approval.
§ 7.2.2.1 Wages or salaries of the Construction Manager's supervisory and administrative
personnel when performing Work and stationed at a location other than the site, but only for that
portion of time required for the Work, and limited to the personnel and activities listed below:
(Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to
be devoted to the Work.)
Senior Project Manager/Director, Project Manager, and Project Engineer when performing
management and administrative activities for the Project.
§ 7.2.3 Wages and salaries of the Construction Manager's supervisory or administrative
personnel engaged at factories, workshops or while traveling, in expediting the production or
transportation of materials or equipment required for the Work, but only for that portion of their
time required for the Work.
§ 7.2.4 Costs paid or incurred by the Construction Manager, as required by law or collective
bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for
personnel not covered by collective bargaining agreements, customary benefits such as sick
leave, medical and health benefits, holidays, vacations and pensions, provided such costs are
based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3.
§ 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the
rates shall remain unchanged throughout the duration of this Agreement, unless the parties
execute a Modification. Rates for the personnel listed in Exhibit 2 shall be used in lieu of actual
costs. Rates shall be adjusted on an annual basis on July I" of each year.
§ 7.3 Subcontract Costs
Payments made by the Construction Manager to Subcontractors in accordance with the
requirements of the subcontracts and this Agreement.
§ 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction
§ 7.4.1 Costs, including transportation and storage at the site, of materials and equipment
incorporated, or to be incorporated, in the oompleted construction.
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of no
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The L
American Institute of Architects. This draft was produced at 09: 52:26 ET on 10/11/2023 under Order No.2119977497 which
expires on 10/1112014, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.eom.
User Notes:
AIA Document A1330 - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 7.4.2 Costs,of materials described in the preceding Section 7.4.1 in excess of those actually
installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall
become the Owner's property at the completion of the Work or, at the Owner's option, shall be
sold by the Construction Manager. Any amounts realized from such sales shall be credited to the
Owner as a deduction from the Cost of the Work.
§ 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items
§ 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of
materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily
owned by construction workers that are provided by the Construction Manager at the site and
fully consumed in the performance of the Work. Costs of materials, supplies, temporary
facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the
cost or value of the item at the time it is first used on the Project site less the value of the item
when it is no longer used at the Project site. Costs for items not fully consumed by the
Construction Manager shall mean fair market value.
§ 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not
customarily owned by construction workers that are provided by the Construction Manager at the
site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such
temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment
owned by the Construction Manager, or a related party as defined in Section 7.8, shall be subject
to the Owner's prior approval. The total rental cost of any such equipment may not exceed the
purchase price of any comparable item.
§ 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal.
§ 7.5.4 Costs of the Construction Manager's site office, including general office equipment and
supplies.
§ 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable
location, subject to the Owner's prior approval.
§ 7.6 Miscellaneous Costs
§ 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents
that can be directly attributed to this Contract.
§ 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by
the Contract Documents, with the Owner's prior approval.
§ 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction
Manager, with the Owner's prior approval.
IA Document A133 - 2019. Copyright - 1991, 2003, 2009, and 2019. All rights re1 served. "The American Institute of 2
Architects," "American Institute of Architects," "AIA," the AIA All
and "AIA Contract Documents" are trademarks of The I
American Institute of Architects. This draft was produced at 08:52: 26 ET on 10/11/2023 under Order No. 2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents' Terms of service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the
Work and for which the Construction Manager is liable.
§ 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and
inspections, for which the Construction Manager is required by the Contract Documents to pay.
§ 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to
defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA
Document A201-2017 or by other provisions of the Contract Documents, and which do not fall
within the scope of Section 7.7.3.
§ 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product,
required by the Contract Documents.
§ 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from
requirements of the Contract Documents, payments made in accordance with legal judgments
against the Construction Manager resulting from such suits or claims, and payments of
settlements made with the Owner's consent, unless the Construction Manager had reason to
believe that the required design, process, or product was an infringement of a copyright or a
patent, and the Construction Manager failed to promptly furnish such information to the
Architect as required by Article 3 of AIA Document A201-2017. The costs of legal defenses,
judgments, and settlements shall not be included in the Cost of the Work used to calculate the
Construction Manager's Fee or subject to the Guaranteed Maximum Price.
§ 7.6.6 Costs for communications services, electronic equipment, and software, directly related
to the Work and located at the site, with the Owner's prior approval.
§ 7.6.7 Costs of document reproductions and delivery charges_
§ 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or failure to
fulfill a specific responsibility in the Contract Documents.
§ 7.6.9 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising
from disputes between the Owner and Construction Manager, reasonably incurred by the
Construction Manager after the execution of this Agreement in the performance of the Work and
with the Owner's prior approval, which shall not be unreasonably withheld.
§ 7.6.10 Expenses incurred in accordance with the Construction Manager's standard written
personnel policy for relocation and temporary living allowances of the Construction Manager's
personnel required for the Work, with the Owner's prior approval.
IA Document A133 - 2019. Copyright . 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of rf
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 22
American Institute of Architec ta. This draft was produced at 06:52:2 ET on 10/11,2023 under Order No.211d977997 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisory or
administrative personnel incurred while traveling in discharge of duties connected with the
Work.
§ 7.7 Other Costs and Emergencies
§ 7.7.1 Other costs incurred in the performance of the Work, with the Owner's prior approval.
§ 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an
emergency affecting the safety of persons and property, as provided in Article 10 of AIA
Document A201-2017.
§ 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the
Construction Manager, Subcontractors, or suppliers, provided that such damaged or
nonconforming Work was not caused by the negligence of, or failure to fulfill a specific
responsibility by, the Construction Manager, and only to the extent that the cost of repair or
correction is not recovered by the Construction Manager from insurance, sureties,
Subcontractors, suppliers, or others.
§ 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work,
notwithstanding any provision of AIA Document A201-2017 or other Conditions of the Contract
which may require the Construction Manager to pay such costs, unless such costs are excluded
by the provisions of Section 7.9.
§ 7.8 Related Party Transactions
§ 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent,
subsidiary, affiliate, or other entity having common ownership of, or sharing common
management with, the Construction Manager; (2) any entity in which any stockholder in, or
management employee of, the Construction Manager holds an equity interest in excess of ten
percent in the aggregate; (3) any entity which has the right to control the business or affairs of
the Construction Manager; or (4) any person, or any member of the immediate family of any
person, who has the right to control the business or affairs of the Construction Manager.
§ 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction
Manager and a related party, the Construction Manager shall notify the Owner of the specific
nature of the contemplated transaction, including the identity of the related party and the
anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If
the Owner, after such notification, authorizes the proposed transaction in writing, then the cost
incurred shall be included as a cost to be reimbursed, and the Construction Manager shall
procure the Work, equipment, goods, or service, from the related party, as a Subcontractor,
according to the terms of Article 9. If the Owner fails to authorize the transaction in writing, the
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 23
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The LO
American Institute of Architects. This draft was produced at OE:52:26 ET on 10/11/2021 under Order No.2119977997 which
expires on 10/10/2029, is not for resale, is licensed far or
use only, and may only be used in accordance with the
AIA Contract Document Terms of Service. To report copyright violations, e-mail docinf o@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
Construction Manager shall procure the Work, equipment, goods, or service from some person or
entity other than a related party according to the terms of Article 9.
§ 7.9 Costs Not To Be Reimbursed
§ 7.9.1 The Cost of the Work shall not include the items listed below:
.1 Salaries and other compensation of the Construction Manager's personnel stationed
at the Construction Manager's principal office or offices other than the site office,
except as specifically provided in Section 7.2.2.1, or as may be provided in Article
14;
.2 Bonuses, profit sharing, incentive compensation, and any other discretionary
payments, paid to anyone hired by the Construction Manager or paid to any
Subcontractor or vendor, unless the Owner has provided prior approval;
.3 Expenses of the Construction Manager's principal office and offices other than the
site office;
.4 Overhead and general expenses, except as may be expressly included in Sections 7.1
to 7.7;
.5 The Construction Manager's capital expenses, including interest on the Construction
Manager's capital employed for the Work;
.6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence
of, or failure to fulfill a specific responsibility of the Contract by, the Construction
Manager, Subcontractors, and suppliers, or anyone directly or indirectly employed
by any of them or for whose acts any of them may be liable;
.7 Any cost not specifically and expressly described in Sections 7.1 to 7.7;
.8 Costs, other than costs included in Change Orders approved by the Owner, that
would cause the Guaranteed Maximum Price to be exceeded; and
.9 Costs for services incurred during the Preconstruction Phase.
ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS
§ 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to
the Owner if (1) before making the payment, the Construction Manager included the amount to
be paid, less such discount, in an Application for Payment and received payment from the
Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make
payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts,
rebates, refunds, and amounts received from sales of surplus materials and equipment shall
accrue to the Owner, and the Construction Manager shall make provisions so that they can be
obtained.
§ 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be
credited to the Owner as a deduction from the Cost of the Work.
IA Document A133 - 2019. Copyright ; 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 24
Architects,, "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Architects. This draft was produced at 08:52:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents' Terms of Service_ To report copyright violations, e-mail docinfo@aiaccntracrs.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS
§ 9.1 Those portions of the Work that the Construction Manager does not customarily perform
with the Construction Manager's own personnel shall be performed under subcontracts or other
appropriate agreements with the Construction Manager. The Owner may designate specific
persons from whom, or entities from which, the Construction Manager shall obtain bids. The
Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or
equipment fabricated especially for the Work, who are qualified to perform that portion of the
Work in accordance with the requirements of the Contract Documents. The Construction
Manager shall deliver such bids to the Architect and Owner with an indication as to which bids
the Construction Manager intends to accept. The Owner then has the right to review the
Construction Manager's list of proposed subcontractors and suppliers in consultation with the
Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of
the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager
of its responsibility to perform the Work in accordance with the Contract Documents. The
Construction Manager shall not be required to contract with anyone to whom the Construction
Manager has reasonable objection.
§ 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the
Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has
submitted a bid that conforms to the requirements of the Contract Documents without
reservations or exceptions, but the Owner requires that another bid be accepted, then the
Construction Manager may require that a Change Order be issued to adjust the Guaranteed
Maximum Price by the difference between the bid of the person or entity recommended to the
Owner by the Construction Manager and the amount of the subcontract or other agreement
actually signed with the person or entity designated by the Owner.
§ 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of
this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner's
prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the
Construction Manager shall provide in the subcontract for the Owner to receive the same audit
rights with regard to the Subcontractor as the Owner receives with regard to the Construction
Manager in Article 10.
ARTICLE 10 ACCOUNTING RECORDS
The Construction Manager shall keep full and detailed records and accounts related to the Cost
of the Work, and exercise such controls, as may be necessary for proper financial management
under this Contract and to substantiate all costs incurred. The accounting and control systems
shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular
business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of 2C
At c hire crs," "American Institute of Architects'AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The J
American Institute of Architects. This draft was produced at OE:52:26 ET on 10/11/2"" under Order 0..2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used i accordance with the
AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
and copy, the Construction Manager's records and accounts, including complete documentation
supporting accounting entries, books, job cost reports, correspondence, instructions, drawings,
receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, purchase orders,
vouchers, memoranda, and other data relating to this Contract and such documents will be
subject to Indiana Code 5-14-3. The Construction Manager shall preserve these records for a
period of three years after final payment, or for such longer period as may be required by law.
ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
§ 11.1 Progress Payments
§ 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction
Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress
payments on account of the Contract Sum, to the Construction Manager, as provided below and
elsewhere in the Contract Documents.
§ 11.1.2 The period covered by each Application for Payment shall be one calendar month
ending on the last day of the month, or as follows:
§ 11.1.3 Provided that an Application for Payment is received by the Architect not later than the
last» day of a month, the Owner shall make payment of the amount certified to the Construction
Manager not later than the Iasi day of the «following o month. If an Application for Payment is
received by the Architect after the application date fixed above, payment of the amount certified
shall be made by the Owner not later than « forty five» ( 45 » ) days after the Architect receives
the Application for Payment.
(Federal, state or local laws may require payment within a certain period of time.)
§ 11.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty
cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence
required by the Owner or Architect to demonstrate that payments already made by the Construction
Manager on account of the Cost of the Work equal or exceed progress payments already received by
the Construction Manager, plus payrolls for the period covered by the present Application for
Payment, less that portion of the progress payments attributable to the Construction Manager's Fee.
Such records will be subject to Indiana Code 5-14-3.
§ 11.1.5 Each Application for Payment shall be based on the most recent schedule of values
submitted by the Construction Manager in accordance with the Contract Documents. The
schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various
portions of the Work; (2) any contingency for costs that are included in the Guaranteed
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of rf
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 26
American Institute of Architects. This draft was produced at 08 :52:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents` Terms of Service. To report copyright violations, e-mail docinfo@aiaconr-racts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
Maximum Price but not otherwise allocated to another line item or included in a Change Order;
and (3) the Construction Manager's Fee.
§ 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to
substantiate its accuracy as the Architect may require. The schedule of values shall be used as a
basis for reviewing the Construction Manager's Applications for Payment.
§ 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not
constitute a separate guaranteed maximum price for the Cost of the Work of each individual line
item in the schedule of values.
§ 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line
item in the schedule of values, the Construction Manager shall submit supporting documentation
to the Architect.
§ 11.1.6 Applications for Payment shall show the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment. The percentage of
completion shall be the lesser of (1) the percentage of that portion of the Work which has
actually been completed, or (2) the percentage obtained by dividing (a) the expense that has
actually been incurred by the Construction Manager on account of that portion of the Work and
for which the Construction Manager has made payment or intends to make payment prior to the
next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to
that portion of the Work in the schedule of values.
§ 11.1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the
Contract Documents, the amount of each progress payment shall be computed as follows:
§ 11.1.7.1 The amount of each progress payment shall first include:
.1 That portion of the Guaranteed Maximum Price properly allocable to completed
Work as determined by multiplying the percentage of completion of each portion of
the Work by the share of the Guaranteed Maximum Price allocated to that portion of
the Work in the most recent schedule of values;
.2 That portion of the Guaranteed Maximum Price properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent incorporation in
the completed construction or, if approved in writing in advance by the Owner,
suitably stored off the site at a location agreed upon in writing',
.3 That portion of Construction Change Directives that the Architect determines, in the
Architect's professional judgment, to be reasonably justified; and
.4 The Construction Manager's Fee, computed upon the Cost of the Work described in
the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or,
if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount
that bears the same ratio to that fixed -sum fee as the Cost of the Work included in
IA Document A133 - 2019. Copyright ; 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of ��
Architects," "American Institute of Architects," "AIA.," the AIA Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Architects. This draft was produced at 01: 12:26 ET on 10/11/2023 under Order No.2111177191 which
expires on 10/10/2024, is not for resale, is licensed for o e-time use only, and may only be used in
accordance with the
AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable
Cost of the Work upon its completion.
§ 11.1.7.2 The amount of each progress payment shall then be reduced by:
.1 The aggregate of any amounts previously paid by the Owner;
.2 The amount, if any, for Work that remains uncorrected and for which the Architect
has previously withheld a Certificate for Payment as provided in Article 9 of AIA
Document A201-2017;
.3 Any amount for which the Construction Manager does not intend to pay a
Subcontractor or material supplier, unless the Work has been performed by others
the Construction Manager intends to pay;
.4 For Work performed or defects discovered since the last payment application, any
amount for which the Architect may withhold payment, or nullify a Certificate of
Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017;
.5 The shortfall, if any, indicated by the Construction Manager in the documentation
required by Section 11.1.4 to substantiate prior Applications for Payment, or
resulting from errors subsequently discovered by the Owner's auditors in such
documentation; and
.6 Retainage withheld pursuant to Section 11.1.8.
§ 11.1.8 Retainage
§ 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the
Owner may withhold the following amount, as retainage, from the payment otherwise due:
(Insert a percentage or amount to be withheld as retainage from each Application for Payment,
The amount of retainage may be limited by governing law.)
Five Percent (5%) , . I- L
§ 11.1.8.1.1 The following items are not subject to retainage:
(Insert any items not subject to the withholding of retainage, such as general conditions,
insurance, etc.)
Costs of the Work that are not Subcontract Costs or lump sum amounts for the Construction
Manager's self -performed portion of the Work.
§ 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows:
(If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion
of the entire Work, insert provisions for such modification.)
None; s-
IA. Document A133 - 2019, Coo right 1991, 2003, 1111, and 2019. All rights reserved, "The American Institute of r10
Architects," "Ama r, can Instr to to of me hi tect s," "AIA," the AIA Logo, and "AIA. Contract Documents" are tradema,ks of The 28
American Institute of Architects. This draft was produced at 08:52:26 -T on 10/11/2023 under Order N d.211a4"7 "743"7 which
efpi-es on 10/10/2C24, is not for resale, is licensed f _ ime us,_ only, and m only be used in accordance with me
.._r. Contract Documents• Terms of Servir_e_ To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work,
the Construction Manager may submit an Application for Payment that includes the retainage
withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application
for Payment submitted at Substantial Completion shall not include retainage as follows:
(Insert any other conditions for release of retainage, such as upon completion of the Owner's
audit and reconciliation, upon Substantial Completion.)
A amount equal to 200% of the value of each uncompleted work item shall be held upon
Substantial Completion until the item is complete.
§ 11.1.9 If final completion of the Work is materially delayed through no fault of the
Construction Manager, the Owner shall pay the Construction Manager any additional amounts in
accordance with Article 9 of AIA Document A201-2017.
§ 11.1.10 Except with the Owner's prior written approval, the Construction Manager shall not
make advance payments to suppliers for materials or equipment which have not been delivered
and suitably stored at the site.
§ 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable
procedure for review and approval of payments to Subcontractors, and the percentage of
retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in
accordance with those agreements.
§ 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect
shall be entitled to rely on the accuracy and completeness of the information furnished by the
Construction Manager, and such action shall not be deemed to be a representation that (1) the
Architect has made a detailed examination, audit, or arithmetic verification, of the
documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the
Architect has made exhaustive or continuous on -site inspections; or (3) that the Architect has
made examinations to ascertain how or for what purposes the Construction Manager has used
amounts previously paid on account of the Contract. Such examinations, audits, and
verifications, if required by the Owner, will be performed by the Owner's auditors acting in the
sole interest of the Owner.
§ 11.2 Final Payment
§ 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Construction Manager when
.1 the Construction Manager has fully performed the Contract, except for the
Construction Manager's responsibility to correct Work as provided in Article 12 of
AIA Document A201-2017, and to satisfy other requirements, if any, which extend
beyond final payment;
IA Document A133 - 2019. Copyright ' I,I II 1113, 2009, and 2019. All rights reserved. "The American Ies, itu to of `I f]
Architects,, "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The LJ
American Institute of Architects. This draft was produced at OE: 52:26 ET on 10/11/2023 under Order P1o.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents` Terms of Service. To report copyright violations, e-mail dociefo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
.2 the Construction Manager has submitted a final accounting for the Cost of the Work
and a final Application for Payment; and
.3 a final Certificate for Payment has been issued by the Architect in accordance with
Section 11.2.2.2; and
.4 The City's Board of Public Works has closed the project and issued all related
paperwork thereto.
§ 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting
for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the
Architect that it will not conduct an audit.
§ 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10
days after completion of the audit, submit a written report based upon the auditors' findings to
the Architect.
§ 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, or
receipt of notice that the Owner will not conduct an audit, and provided that the other conditions
of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate
for Payment with a copy to the Construction Manager, or notify the Construction Manager and
Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9
of AIA Document A201-2017. The time periods stated in this Section 11.2.2 supersede those
stated in Article 9 of AIA Document A201-2017. The Architect is not responsible for verifying
the accuracy of the Construction Manager's final accounting.
§ 11.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated
by the Construction Manager's final accounting, is less than claimed by the Construction
Manager, the Construction Manager shall be entitled to request mediation of the disputed amount
without seeking an initial decision pursuant to Article 15 of AIA Document A201-2017. A
request for mediation shall be made by the Construction Manager within 30 days after the
Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure
to request mediation within this 30-day period shall result in the substantiated amount reported
by the Owner's auditors becoming binding on the Construction Manager. Pending a final
resolution of the disputed amount, the Owner shall pay the Construction Manager the amount
certified in the Architect's final Certificate for Payment.
§ 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30
days after the issuance of the Architect's final Certificate for Payment, or as follows:
§ 11.2.4 If, subsequent to final payment, and at the Owner's request, the Construction Manager
incurs costs, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of OO
architects," "American Institute of Architects," "AIA," the III Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Archi tect s. This draft was produced at 06: 52:26 ET on 10/11/2023 uJnder Order No.2119S77 d 97 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents' Terms of Service, To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133° - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
defective or nonconforming Work, the Owner shall reimburse the Construction Manager for such
costs, and the Construction Manager's Fee applicable thereto, on the same basis as if such costs
had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If
adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those
adjustments shall be recalculated, taking into account any reimbursements made pursuant to this
Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction
Manager.
§ 11.3 Interest
Payments due and unpaid under the Contract shall bear interest from the date payment is due at
the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at
the place where the Project is located.
(Insert rate of interest agreed upon, if any.)
Interest rate is 0%.
ARTICLE 12 DISPUTE RESOLUTION
§ 12.1 Initial Decision Maker
§ 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in
accordance with the provisions set forth in this Article 12 and Article 15 of A201-2017.
However, for Claims arising from or relating to the Construction Manager's Preconstruction
Phase services, no decision by the Initial Decision Maker shall be required as a condition
precedent to mediation or binding dispute resolution, and Section 12.1.2 of this Agreement shall
not apply.
§ 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA
Document A201-2017 for Claims arising from or relating to the Construction Manager's
Construction Phase services, unless the parties appoint below another individual, not a party to
the Agreement, to serve as the Initial Decision Maker.
(If the parties mutually agree, insert the name, address and other contact information of the
Initial Decision Maker, if other than the Architect.)
§ 12.2 Binding Dispute Resolution
For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document
A201-2017, the method of binding dispute resolution shall be as follows:
(Check the appropriate box.)
IA Document A113 - 2019. Cooyrighc 1991, 2003, 2009, and 2019. All rights res—,,td. "The American Institute of 31
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Cont race Documents, are tradema r}. of The
American Institute_ of Architects. This draft was produced at Oc:51:25 ET on 10/11/1023 under Order No.2114477497 nh ich
expires on 10/10/2024, is not for resale, is licensed for one
use only, and may only be used in accordance alit. the
AIA Contract Documents' Terms o. Service, To report copyright violations, e-mail docinfo@aiacontracts.com,
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
[ « » ] Arbitration pursuant to Article 15 of AIA Document A201-2017
[ X] Litigation in a court of competent jurisdiction
[ �i s> ] Other: (Specify)
If the Owner and Construction Manager do not select a method of binding dispute resolution, or
do not subsequently agree in writing to a binding dispute resolution method other than litigation,
Claims will be resolved by litigation in a court of competent jurisdiction.
ARTICLE 13 TERMINATION OR SUSPENSION
§ 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment
§ 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the
Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven
days' written notice to the Construction Manager, and the Construction Manager may terminate
this Agreement, upon not less than seven days' written notice to the Owner.
§ 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1, the
Construction Manager shall be compensated for Preconstruction Phase services and Work
performed prior to receipt of a notice of termination, in accordance with the terms of this
Agreement. In no event shall the Construction Manager's compensation under this Section
exceed the compensation set forth in Section 5.1.
§ 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may
terminate this Agreement upon not less than seven days' written notice to the Construction
Manager for the Owner's convenience and without cause, and the Construction Manager may
terminate this Agreement, upon not less than seven days' written notice to the Owner, for the
reasons set forth in Article 14 of A201-2017.
§ 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the
Construction Manager shall be equitably compensated for Preconstruction Phase services and
Work performed prior to receipt of a notice of termination. In no event shall the Construction
Manager's compensation under this Section exceed the compensation set forth in Section 5.1.
§ 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the
commencement of the Construction Phase but prior to the execution of the Guaranteed
Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount
IA Document A133 - 2019. Copyright 1991' 2003, 2009, and 2019. All rights reserved. "The American Institute of O rf
Axc hitect s," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 32
American Institute of Architects. This draft was produced at 08: 52:26 ET on 10/li/2023 under Order No. 2119977997 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts. com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
calculated as follows, which amount shall be in addition to any compensation paid to the
Construction Manager under Section 13.1.4:
.1 Take the Cost of the Work incurred by the Construction Manager to the date of
termination;
.2 Add the Construction Manager's Fee computed upon the Cost of the Work to the
date of termination at the rate stated in Section 6.1 or, if the Construction Manager's
Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to
that fixed -sum Fee as the Cost of the Work at the time of termination bears to a
reasonable estimate of the probable Cost of the Work upon its completion; and
.3 Subtract the aggregate of previous payments made by the Owner for Construction
Phase services.
§ 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by
purchase or rental at the election of the Owner, for any equipment owned by the Construction
Manager that the Owner elects to retain and that is not otherwise included in the Cost of the
Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of
subcontracts and purchase orders (including rental agreements), the Construction Manager shall,
as a condition of receiving the payments referred to in this Article 13, execute and deliver all
such papers and take all such steps, including the legal assignment of such subcontracts and other
contractual rights of the Construction Manager, as the Owner may require for the purpose of
fully vesting in the Owner the rights and benefits of the Construction Manager under such
subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered
into by the Construction Manager will contain provisions allowing for assignment to the Owner
as described above.
§ 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements
as described above, the Owner will reimburse or indemnify the Construction Manager for all
costs arising under the subcontract, purchase order or rental agreement, if those costs would have
been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner
chooses not to accept assignment of any subcontract, purchase order or rental agreement that
would have constituted a Cost of the Work had this agreement not been terminated, the
Construction Manager will terminate the subcontract, purchase order or rental agreement and the
Owner will pay the Construction Manager the costs necessarily incurred by the Construction
Manager because of such termination.
§ 13.2
Termination or Suspension Following Execution of the Guaranteed Maximum Price Amen
dment
§ 13.2.1 Termination
The Contract may be terminated by the Owner or the Construction Manager as provided in
Article 14 of AIA Document A201-2017.
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reserved, "The American Institute of 33
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
American Institute of Architects. This draft was produced at 08:52:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents• Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts,com.
User Notes:
AIA Document A1339) - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 13.2.2 Termination by the Owner for Cause
§ 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA
Document A201-2017, the amount, if any, to be paid to the Construction Manager under Article
14 of AIA Document A201-2017 shall not cause the Guaranteed Maximum Price to be
exceeded, nor shall it exceed an amount calculated as follows:
.1 Take the Cost of the Work incurred by the Construction Manager to the date of
termination;
.2 Add the Construction Manager's Fee, computed upon the Cost of the Work to the
date of termination at the rate stated in Section 6.1 or, if the Construction Manager'
Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to
that fixed -sum Fee as the Cost of the Work at the time of termination bears to a
reasonable estimate of the probable Cost of the Work upon its completion;
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract the costs and damages incurred, or to be incurred, by the Owner under
Article 14 of AIA Document A201-2017.
§ 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by
purchase or rental at the election of the Owner, for any equipment owned by the Construction
Manager that the Owner elects to retain and that is not otherwise included in the Cost of the
Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal assignment of
subcontracts and purchase orders (including rental agreements), the Construction Manager shall,
as a condition of receiving the payments referred to in this Article 13, execute and deliver all
such papers and take all such steps, including the legal assignment of such subcontracts and other
contractual rights of the Construction Manager, as the Owner may require for the purpose of
fully vesting in the Owner the rights and benefits of the Construction Manager under such
subcontracts or purchase orders.
§ 13.2.3 Termination by the Owner for Convenience
If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA
Document A201-2017, then the Owner shall pay the Construction Manager a termination fee as
follows:
(Insert the amount of or method for determining the fee, if any, payable to the Construction
Manager following a termination for the Owner's convenience.)
10% of the Construction Manager's Fee that would have been earned on the estimated Cost of
Work not completed at the date of termination. The estimated Cost of Work not completed shall
be as documented in the Guaranteed Maximum Price Proposal and Change Orders up to the date
of termination.
§ 13.3 Suspension
The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-
2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as
IA Document A133 - 2D19. Copyright I951, 2003, 2005, and 2019. A11 rights reser-✓ed. "The American Institute p= 34
Architects," "American Institute of Archrcects," "AIA.," the AIA go, and Contract Docum_nts"
Lp ---- __ trademarYs of The
American Insti to to of Archi cects. This draft was produced at 05:52:25 ET on �10/11 /2023 under Order No.211d177d9'..�hich
exp i__s on 10110/2021 is not for r=_saie, licensed f _-time use only, and ma' only be used in accordance with the
AIA C3 _act Documen cs• Terms of Se rYice., To report cop,,righr i_olat ions, _-mail docinfo@a iacont ra cis. tom.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
provided in Article 14 of AIA Document A201-2017, except that the term "profit" shall be
understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of
this Agreement.
ARTICLE 14 MISCELLANEOUS PROVISIONS
§ 14.1 Terms in this Agreement shall have the same meaning as those in A201-2017. Where
reference is made in this Agreement to a provision of AIA Document A201-2017 or another
Contract Document, the reference refers to that provision as amended or supplemented by other
provisions of the Contract Documents.
§ 14.2 Successors and Assigns
§ 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners,
successors, assigns and legal representatives to covenants, agreements, and obligations contained
in the Contract Documents. Except as provided in Section 14.2.2 of this Agreement, and in
Section 13.2.2 of A201-2017, neither party to the Contract shall assign the Contract as a whole
without written consent of the other. If either party attempts to make an assignment without such
consent, that party shall nevertheless remain legally responsible for all obligations under the
Contract.
§ 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a
lender providing construction financing for the Project, if the lender assumes the Owner's rights
and obligations under the Contract Documents. The Construction Manager shall execute all
consents reasonably required to facilitate the assignment.
§ 14.3 Insurance and Bonds
§ 14.3.1 Preconstruction Phase
The Construction Manager shall maintain the following insurance for the duration of the
Preconstruction Services performed under this Agreement. If any of the requirements set forth
below exceed the types and limits the Construction Manager normally maintains, the Owner
shall reimburse the Construction Manager for any additional cost.
§ 14.3.1.1 Commercial General Liability with policy limits of not less than Five Million
Dollars($ 5;000;000. ) for each occurrence andFive Million ($5,000,000) in the aggregate for
bodily injury and property damage.
§ 14.3.1.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the
Construction Manager with policy limits of not less than «one million dollars » ($1,000,000 .ii )
per accident for bodily injury, death of any person, and property damage arising out of the
ownership, maintenance and use of those motor vehicles, along with any other statutorily
required automobile coverage.
IA Document A133 - 2019. Copyright - 1991, 2003, 2009, and 2019. 111 rights reserved. "The American Institute of 35
Architects,, "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The
Peter
ican Institute of Architects. This draft was produced at 0 52:26 ET on 10/11/2023 under Order N4 .2119977997 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only ,e used in accordance with the
AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 14.3.1.3 The Construction Manager may achieve the required limits and coverage for
Commercial General Liability and Automobile Liability through a combination of primary and
excess or umbrella liability insurance, provided that such primary and excess or umbrella
liability insurance policies result in the same or greater coverage as the coverages required under
Sections 14.3.1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance
provide narrower coverage than the primary policy. The excess policy shall not require the
exhaustion of the underlying limits only through the actual payment by the underlying insurers.
§ 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy limits
not less than « one hundred thousand dollars » ($ a I00,000 » ) each accident, «one hundred
thousand dollars » ($ «.100,000 » ) each employee, and «one hundred thousand dollars » ($
«100,000 » ) policy limit.
§ 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance
of professional services, with policy limits of not less than «Two Million Dollars ($ 2,000,000 )
per claim and Two Million Dollars ($ «2,000,000 ) in the aggregate.
§ 14.3.1.6 Other Insurance
(List below any other insurance coverage to be provided by the Construction Manager and any
applicable limits.)
Coverage Limits
Not applicable. Not applicable.
§ 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the
Construction Manager shall cause the primary and excess or umbrella polices for Commercial
General Liability and Automobile Liability to include the Owner as an additional insured for
claims caused in whole or in part by the Construction Manager's negligent acts or omissions.
The additional insured coverage shall be primary and non-contributory to any of the Owner's
insurance policies and shall apply to both ongoing and completed operations.
§ 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that
evidence compliance with the requirements in this Section 14.3.1.
§ 14.3.2 Construction Phase
After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction
Manager shall purchase and maintain insurance as set forth in AIA Document A133TM-2019,
Standard Form of Agreement Between Owner and Construction Manager as Constructor where
the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,
Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents.
IA. Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019, all rights reserved_ "The American Institute of 36
Architects," "American Institute of Arch. -Its," "AIA," the AI?. Logo, and "AIA Contract Documents" are trademar:a of The 6
American Ina tit— o' Architects, This draft o orodu red at 05: 52:'b ET on io/1111013 under Order 14-2111477497 .ehich
res on 10/10/2024, is not for resale, _s 1J7ensed for one-time use only, and mall o be used in accordance wa th the
AIA contract Dor_umenta• '"ms of Seitfice. To report copyright'vlolations, _-mail docinno �aaiacontracts.com.
User Notes:
AIA Document A133° - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
§ 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document
A133TM-2019 Exhibit B, and elsewhere in the Contract Documents, including but not limited to
a Performance Bond and Payment Bond in the amount of 100% of the Guaranteed Maximum
Price
§ 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be
given in accordance with AIA Document E203TM-2013, Building Information Modeling and
Digital Data Exhibit, if completed, or as otherwise set forth below:
(If other than in accordance with AIA Document E203-2013, insert requirements for delivering
notice in electronic format such as name, title, and email address of the recipient and whether
and how the system will be required to generate a read receipt for the transmission.)
§ 14.5 Other provisions:
ARTICLE 15 SCOPE OF THE AGREEMENT
§ 15.1 This Agreement represents the entire and integrated agreement between the Owner and
the Construction Manager and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by written instrument signed by
both Owner and Construction Manager.
§ 15.2 The following documents comprise the Agreement:
.1 AIA Document A133T"'-2019, Standard Form of Agreement Between Owner and Construction
Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a
Guaranteed Maximum Price, as modified
.2 AIA Document A133T"4-2019, Exhibit A, Guaranteed Maximum Price Amendment, to be executed at
a later date
.3 AIA Document A133T'vl-2019, Exhibit B, Insurance and Bonds, as modified
.4 AIA Document A201Tm-2017, General Conditions of the Contract for Construction
,5 Other Exhibits:
(Check all boxes that apply.)
1X}
In
Exhibit 1: Design Scope document, by _
Exhibit 2: Personnel Labor Rates, dated
IA Document A133 - 2019. Copyright 1991, 2003, 2009, and 2019. All rights reseried. "The American institute of 37
Architects," "American Institute of Arrehir e cc a," "AIA," the AIA Logo, and "AIA Contract Docume urs" are trademar%s of The O
Pmerican Institute of ? itect a:; This draft w s produced at OE:52:26 ET on 10/11/2023 under Order PIo.2114 d 1'497 �,uhich
expires on 10/10/2024, r not fo- resale_, is licensed for one -rime use only, and may only be used i accordance with the
AIA Contract Documentsi Terms of Service. To report copyright violations, _-mail docinfo@aiacontracts,com;
User Notes:
AIA Document A133® - 2019
Standard Form of Agreement Between Owner and Construction Manager as Constructor
where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum
Price
.6 Other documents, if any, listed below:
(List here any additional documents that are intended to form part of the Contract Documents. AIA
Document A201-2017 provides that the advertisement or invitation to bid, Instructions to Bidders,
sample forms, the Construction Manager's bid or proposal, portions of Addenda relating to bidding
or proposal requirements, and other information furnished by the Owner in anticipation of receiving
bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any
such documents should be listed here only if intended to be part of the Contract Documents.)
Exhibit l - F.A. Wilhelm Construction Co., Ines Construction !Manager as Cons�u_ ct� Proposal.
dated December 17. 2024
Exhibit 2 -- City of South Bend General Sales Tax Exempt Certificate
Qq Wy}gnce by Mitch Davison
DM.. G-VS.
This Agreement is entered into as of the day d first written above.
�` y anyear Mitch ❑avisorlFM�
Cos.. 8025.05.05 07:55:4+a4w
CITY OF SOUTH BEND, INDIANA
CONSTRUCTION MANAGER (Signature)
BOARD OF PUBLIC WORKS
Mitch Ope t-_itions Manager
(Printed name and title)
Elizabeth A. Maradik, President
Joseph R. Molnar, Vice President
Gary A. Gilot, Member
Breeaanaa Micou, Member
Murray L. Miller, Member
Attest: Theresa M. Heffner, Clerk
Date: April 22, 2025
IA Document A133 - 2019. Copyright ' 1991, 2003, 2009, and 2019_ All rights reserved. "The American Institute of 90
Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The JV
American Institute of Architects. This draft was produced at 08:52:26 ET on 10/11/2023 under Order No.2114477497 which
expires on 10/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the
AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@a iacon tracts. com.
User Notes:
® mi
AIA Document A133 - 2019
Insurance and Bonds
Exhibit B
This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and
the Construction Manager, dated the o o day of « » in the year « »
(In words, indicate day, month and year.)
for the following PROJECT:
(Name and location or address)
Madison Lifestyle District — Parking Garage
THE OWNER:
(Name, legal status, and address)
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
THE CONSTRUCTION MANAGER:
(Name, legal status, and address)
F.A. Wilhelm Construction Co., Inc.
3914 Prospect Street
Indianapolis, IN 46206
TABLE OF ARTICLES
B.1 GENERAL
B.2 OWNER'S INSURANCE
8.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS
B.4 SPECIAL TERMS AND CONDITIONS
ARTICLE B.1 GENERAL
ADDITIONS AND DELETIONS: The
author of this document has added
information needed for its
completion. The author may also
have revised the text of the
original AIA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
This document has important legal
consequences. Consultation with an
attorney is encouraged with
respect to its completion or
modification.
This document is intended to be
used in conjunction with AIA
Document A201'"-2017, General
Conditions of the Contract for
Construction. Article 11 of A201--
2017 contains additional insurance
provisions.
ELECTRONIC COPYING of any portion
The Owner and Construction Manager shall purchase and maintain insurance, and of this AIA Document to another
provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General electronic file is prohibited and
p constitutes a violation of
Conditions refers to AIA Document A201Tm-2017, General Conditions of the copyright laws as set forth in the
Contract for Construction. footer of this document.
AIA Document A133' - 2019 Exhibit B. Copyright 2019 by The American Institute of Architects_ All rightsreserved. ._ -__.a.. _ -_.
_. .. mer ... n-- :-- a-:-- -� This
draft was produced by AIA software at 15:33:2, ET on 06/11/2020 under Order No.5113095722 which expires on 04/05/2021, is not for resale, �-
s licensed for time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report
copyright violations, e-mail co pyri gh t a aia.org_
User Notes: Error! Unknown document property name_ (960936949)
AIA Document A133 - 2019 Exhibit B
Insurance and Bonds
ARTICLE 13.2 OWNER'S INSURANCE
§ 13.2.1 General
Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required
under this Article 13.2 and, upon the Construction Manager's request, provide a copy of the property insurance policy or
policies required by Section 13.2.3. The copy of the policy or policies provided shall contain all applicable conditions,
definitions, exclusions, and endorsements.
§ 13.2.2 Liability Insurance
The Owner shall be responsible for purchasing and maintaining the Owner's usual general liability insurance.
§ 13.2.3 Required Property Insurance
§ 13.2.3.1 Unless this obligation is placed on the Construction Manager pursuant to Section B.3.3.2.1, the Owner shall
purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the
jurisdiction where the Project is located, property insurance written on a builder's risk "all-risks" completed value or
equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner's
property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent
Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be
maintained until Substantial Completion and thereafter as provided in Section 13.2.3.1.3, unless otherwise provided in the
Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests
of the Owner, Construction Manager, Subcontractors, and Sub -subcontractors in the Project as insureds. This insurance shall
include the interests of mortgagees as loss payees.
§ 13.2.3.1.1 Causes of Loss. The insurance required by this Section 13.2.3.1 shall provide coverage for direct physical loss or
damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood,
or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or
deficiency in construction methods, design, specifications, workmanship, or materials. Sub -limits, if any, are as follows:
(Indicate below the cause of loss and any applicable sub -limit.)
Cause of Loss Sub -Limit
-_.. -- - - -
§ 13.2.3.1.2 Specific Required Coverages. The insurance required by this Section 13.2.3.1 shall provide coverage for loss or
damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall
also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and
reasonable compensation for the Architect's and Construction Manager's services and expenses required as a result of such
insured loss, including claim preparation expenses. Sub -limits, if any, are as follows:
(Indicate below type of coverage and any applicable sub -limit for specific required coverages.)
Coverage Sub -Limit
§ 13.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required
by Section B.2.3.1 or, if necessary, replace the insurance policy required under Section 13.2.3.1 with property insurance
written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set
forth in Section 12.2.2 of the General Conditions.
AIA Document A133' - 2019 Exhibit S. Copyright _'019 by The American Inscicu*_e a' Acchi_ects. All _rights reserved. __-... .-.-
:.. -- - This
draft was produced by Al, so=baa re at 15:3'25 OT on 06/11/2020 under Order Nc.5113095722 which expires on 34/05/2021, r not `or r_sa ,
s licensed for one-time use only, and m accordance
n1y 'o_ used in wish the AIA Contract Documents Terms of S_. ,i__. To report
cco yright pia tio.n s, _-mail cco7rightgaia.org.
User Notes: rError! Unknown document property name. i960836949)
® MK
AIA Document A133 - 2019 Exhibit B
Insurance and Bonds
§ B.2.3.1.4 Deductibles and Self -Insured Retentions. If the insurance required by this Section 13.2.3 is subject to deductibles
or self -insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions.
§ B.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner's occupancy or use of any completed or partially
completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or
companies providing the insurance under Section 13.2.3.1 have consented in writing to the continuance of coverage. The
Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause
cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing.
§ B.2.3.3Insurance for Existing Structures
If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall
purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General
Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct
physical loss or damage from the causes of loss identified in Section 13.2.3.1, notwithstanding the undertaking of the Work.
The Owner shall be responsible for all co-insurance penalties.
§ B.2.4 Optional Extended Property Insurance.
The Owner shall purchase and maintain the insurance selected and described below.
(Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the
description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other
conditions in the fill point below the selected item.)
[ g;"» ] § B.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for
loss of use of the Owner's property, or the inability to conduct normal operations due to a covered cause of
loss.
[ 4 A ] § B.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum
requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair,
replacement or use of the Project.
t »
[ it p ] § B.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage
to insured property, and to expedite the permanent repair or replacement of the damaged property.
[ ac a ] § B.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs
incurred during the period of restoration or repair of the damaged property that are over and above the total
costs that would normally have been incurred during the same period of time had no loss or damage occurred.
H
[ a A ] § B.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting
access to the Project, provided such order is the direct result of physical damage covered under the required
property insurance.
AIA Document A133' - 2019 Exhibit B. Copyright 2019 by The American Institute of Architects. All rights reserved. -.,- .- a.. - - -.-_
draft-.n=s produced by AIA software at 15: 33:25 ET on 06/11 /.2-r.�a/I er -. res 0__ ,c__ot for This 1
as 020 under Order No.5119095722 which expires on 09 /OS/2021, is not for resale,
is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report
copyright violations, e-mail copyright@aia.org,
User Notes: Error! Unknown document property name. (960836949)
® TH
AIA Document A133 -- 2019 Exhibit B
Insurance and Bonds
K
[ a A ] § 6.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured's business due to
physical prevention of ingress to, or egress from, the Project as a direct result of physical damage.
[ e a' ] § 13.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work,
arising out of physical loss or damage covered by the required property insurance: including construction loan
fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants,
attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and
carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance
premiums over and above normal expenses.
K
§ 6.2.5 Other Optional Insurance.
The Owner shall purchase and maintain the insurance selected below.
(Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the
description(s) ofselected insurance.)
§ 13.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including
costs of investigating a potential or actual breach of confidential or private information.
(Indicate applicable limits of coverage or other conditions in the fill point below.)
K.»
§ 13.2.5.2 Other Insurance
(List below any other insurance coverage to be provided by the Owner and any applicable limits.)
Coverage
Limits
ARTICLE B.3 CONSTRUCTION MANAGER'S INSURANCE AN
I1:le1►1910
§ 13.3.1 General
§ 13.3.1.1 Certificates of Insurance. The Construction Manager shall provide certificates of insurance acceptable to the Owner
evidencing compliance with the requirements in this Article B.3 at the following times: (1) prior to commencement of the
Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner's written request. An
additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations,
shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until
the expiration of the periods required by Section 13.3.2.1 and Section B.3.3.1. The certificates will show the Owner as an
AIA Document A133' - 2019 Exhibit B. Copyright 2019 by The American Institute of Architects. All rights reserved.
- - _ . -- - --- This
draft was produced by AIA software at 15:3'3:25 ET on 06/11/2020 under Order P1o.5118095722 which expires on 04/05/2021, is nor for resale,
s licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report
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AIA Document A133 - 2019 Exhibit B
Insurance and Bonds
additional insured on the Construction Manager's Commercial General Liability and excess or umbrella liability policy or
policies.
§ 13.3.1.2 Deductibles and Self -Insured Retentions. The Construction Manager shall disclose to the Owner any deductible or
self- insured retentions applicable to any insurance required to be provided by the Construction Manager.
§ 13.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the
commercial general liability coverage to include (1) the Owner, the Architect, and the Architect's consultants as additional
insureds for claims caused in whole or in part by the Construction Manager's negligent acts or omissions during the
Construction Manager's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the
Construction Manager's negligent acts or omissions for which loss occurs during completed operations. The additional
insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall
apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall
be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with
respect to the Architect and the Architect's consultants, CG 20 32 07 04.
§ 13.3.2 Construction Manager's Required Insurance Coverage
§ 6.3.2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an
insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is
located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of
Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below:
(If the Construction Manager is required to maintain insurance for a duration other than the expiration of the period for
correction of Work, state the duration.)
«» i
§ 13.3.2.2 Commercial General Liability
§ 6.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not
less than two million dollars ($ 21660,000 ) each occurrence, fiburmillion dollars ($ 4,000,000 ) general aggregate, and two
million dollars ($ 2,000,006 ) aggregate for products -completed operations hazard, providing coverage for claims including
.1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of
any person;
.2 personal injury and advertising injury;
.3 damages because of physical damage to or destruction of tangible property, including the loss of use of such
property;
.4 bodily injury or property damage arising out of completed operations; and
.5 the Construction Manager's indemnity obligations under Section 3.18 of the General Conditions.
§ B.3.2.2.2 The Construction Manager's Commercial General Liability policy under this Section 13.3.2.2 shall not contain an
exclusion or restriction of coverage for the following:
.1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the
claimant is an insured, and there would otherwise be coverage for the claim.
.2 Claims for property damage to the Construction Manager's Work arising out of the products -completed
operations hazard where the damaged Work or the Work out of which the damage arises was performed by a
Subcontractor.
.3 Claims for bodily injury other than to employees of the insured.
.4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the
insured.
AIA Document A133' - 2019 Exhibit B. Copyright = 2019 by The American Institute of Architects. All rights reserved. T..e -_.
..-_ _. --- . -.-_ -. _ - _._._ ..- .. �u-.�s-:..i- r ca�a-s:: c. This 1
draft was produced by AIA software at 15:33: 25 ET on 06/11 /2020 under order No. 5119095722 which expires on 04/05/2021, is not for resale,
is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service, To report
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AIA Document A133 - 2019 Exhibit B
Insurance and Bonds
.5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language.
.6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language.
.7 Claims related to residential, multi -family, or other habitational projects, if the Work is to be performed on
such a project.
.8 Claims related to roofing, if the Work involves roofing.
.9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or
surfaces, if the Work involves such coatings or surfaces.
.10 Claims related to earth subsidence or movement, where the Work involves such hazards.
.11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards.
§ B.3.2.3 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager, with
policy limits of not less than one million dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and
property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily
required automobile coverage.
§ B.3.2.4 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and
Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary
and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under
Section 13.3.2.2 and 13.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than
the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual
payment by the underlying insurers.
§ B.3.2.5 Workers' Compensation at statutory limits
§ B.3.2.6 Employers' Liability with policy limits not less than one hundred thousand dollars ($ 100,066 ) each accident, offe
hundred thousand ($ 100,000 ) each employee, and one hundred thousand dollars ($ 100,000) policy limit.
§ B.3.2.7 Jones Act, and the Longshore & Harbor Workers' Compensation Act, as required, if the Work involves hazards
arising from work on or near navigable waterways, including vessels and docks
§ B.3.2.8 If the Construction Manager is required to furnish professional services as part of the Work, the Construction
Manager shall procure Professional Liability insurance covering performance of the professional services, with policy limits
of not less than QV6,mili o'Tdo lairs ($ 21,00010,00 ) per claim and two million dollars ($ 2,000,000 ) in the aggregate.
§ B.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Construction Manager shall
procure Pollution Liability insurance, with policy limits of not less than ten million dollars ($ 10,000,000 ) per claim and teii_
million dollars ($ 1VjQQ..0ff00 ) in the aggregate.
§ B.3.2.1O Coverage under Sections 13.3.2.8 and 13.3.2.9 may be procured through a Combined Professional Liability and
Pollution Liability insurance policy, with combined policy limits of not less than ten million dollars ($ 10,000,000 ) per claim
and ten million dollars ($ 10,000,000 ) in the aggregate.
§ B.3.2.11 N/A
§ B.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy
limits of not less than one million dollars (S 1,000,000 ) per claim and one million dollars ($ 1,000,006 ) in the aggregate.
AIA Document A133' - 2019 Exhibit B. Copyright 201 9 'oy The A_T.erican Institut o` Archi—ts. All rights
. .__ ._ .�.. This
draft use on
was produced by AL software at 15:33:25 ET on O6/11/2020 under Order P1o.5113095722 ehich —pi— on 01/05/2021, ot for --le,
s is 1 - ed _mly, and may only be used in accordance with the AIA COn Cract Cocuments Terms of Ser•:rce, sTc report
.right e,il coplrighLllaia.org.
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AIA Document A133 - 2019 Exhibit B
Insurance and Bonds
§ 13.3.3 Construction Manager's Other Insurance Coverage
§ 13.3.3.1 Insurance selected and described in this Section B.3.3 shall be purchased from an insurance company or insurance
companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager
shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of
the General Conditions, unless a different duration is stated below:
(If the Construction Manager is required to maintain any of the types of insurance selected below for a duration other than
the expiration of the period for correction of Work, state the duration.)
N/A
§ 13.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance
with Section 13.3.3.1.
(Select the types of insurance the Construction Manager is required to purchase and maintain by placing an X in the box(es)
next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate
fill point.)
[ X ] § 13.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in
Section B.2.3, which, if selected in this Section 13.3.3.2.1, relieves the Owner of the responsibility to purchase
and maintain such insurance except insurance required by Section 13.2.3.1.3 and Section 13.2.3.3. The
Construction Manager shall comply with all obligations of the Owner under Section 13.2.3 except to the extent
provided below. The Construction Manager shall disclose to the Owner the amount of any deductible, and the
Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall
provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust
and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance
with Article 11 of the General Conditions unless otherwise set forth below:
(Where the Construction Manager's obligation to provide property insurance differs from the Owner's
obligations as described under Section B.2.3, indicate such differences in the space below. Additionally, if a
party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as
the trustee of the proceeds of property insurance in accordance with Article I I of the General Conditions,
indicate the responsible party below.)
[d. D,] § B.3.3.2.2NIA
[4 »] § B.3.3.2.3NIA
[ X ] § 13.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction
site on an "all-risks" completed value form.
[ X ] § B.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the
Construction Manager and used on the Project, including scaffolding and other equipment.
[ a .s ] § B.3.3.2.6 Other Insurance
(List below any other insurance coverage to be provided by the Construction Manager and any applicable
limits.)
AIA Document A133' - 2019 Exhibit B. Copyright 2019 by The American Institute of Architects. All rights reserved, ._
_. -._. _ _- _ <_'. -.. __•l. -j - This 1
draft was produced by AIA software at 1,':33:2,'ET on 06/11/2020 under Order No.5118095722 which expires on 04/05/2021, is not ' fo r'resa le,
is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service, To report
copyright violations, e-mail copyri g h t 0 aia.org.
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AIA Document A133 - 2019 Exhibit B
Insurance and Bonds
Coverage Limits
§ B.3.4 Performance Bond and Payment Bond
The Construction Manager shall provide surety bonds, from a company or companies lawfully authorized to issue surety
bonds in the jurisdiction where the Project is located, as follows:
(Specify type and penal sum of bonds.)
Type Penal Sum ($0.00)
Payment Bond 100% of the Guaranteed Maximum Price
Performance Bond 100% of the Guaranteed Maximum Price
Payment and Performance Bonds shall be AIA Document A312TM, Payment Bond and Performance Bond, or contain
provisions identical to AIA Document A312TM, current as of the date of this Agreement.
ARTICLE B.4 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows:
N/A
AIA Document A133' - 2019 Exhibit E. Copyright ' 2019 by The American Institute of Architects. All rights reserved. The "American Institute
F.r ct�tec t s," ':�I the AIA Logo, and "A:A _cntrac: Eoc ents" are registered =radema.Ks and ma_ not be used without perms—n. This 1 draft was produced by AIA software at 15:33:25 ET on 06/11/2020 under Order No.5118095722 which expires on 09/05/2021, is not for resale,
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AIA Document A2 01TM - 2017
General Conditions of the Contract for Construction
for the following PROJECT:
(Name and location or address)
)Aadison Lifestyle District - Parking Garage
THE OWNER:
(Name, legal status and address)
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
THE ARCHITECT:
(Name, legal status and address)
American Structurepoint Inc.
9025 River Road, Suite 200
Indianapolis, IN 46240
TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 OWNER
3 CONTRACTOR
4 ARCHITECT
5 SUBCONTRACTORS
6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
7 CHANGES IN THE WORK
8 TIME
9 PAYMENTS AND COMPLETION
10 PROTECTION OF PERSONS AND PROPERTY
11 INSURANCE AND BONDS
12 UNCOVERING AND CORRECTION OF WORK
13 MISCELLANEOUS PROVISIONS
14 TERMINATION OR SUSPENSION OF THE CONTRACT
AIA Document A20le - 2017. Copyright - 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 I
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result
n severe civil and criminal penalties, and will be prosecuted to the ma extent possible under the law. This draft was
—duced by AIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
Jser Notes: (3B9ADA17)
AIA Document A2 01TM -- 2017
General Conditions of the Contract for Construction
15 CLAIMS AND DISPUTES
AIA Document A201" - 2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, o any portion of it, may result
n severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
produced by AIA software at 09:02:25 on OS/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
User Notes: (3B9ADA17)
AIA Document A2 01T _ 2017
General Conditions of the Contract for Construction
INDEX
(Topics and numbers in bold are Section headings.)
Acceptance of Nonconforming Work
9.6.6, 9.9.3, 12.3
Acceptance of Work
9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3
Access to Work
3.16, 6.2.1, 12.1
Accident Prevention
10
Acts and Omissions
3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2
Addenda
1.1.1
Additional Costs, Claims for
3.7.4, 3.7.5, 10.3.2, 15.1.5
Additional Inspections and Testing
9.4.2, 9.8.3, 12.2.1, 13.4
Additional Time, Claims for
3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6
Administration of the Contract
3.1.3, 4.2, 9.4, 9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13
Allowances
3.8
Applications for Payment
4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10
Approvals
2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1
Arbitration
8.3.1, 15.3.2, 15.4
ARCHITECT
4
Architect, Definition of
4.1.1
Architect, Extent of Authority
2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2,
14.2.2, 14.2.4, 15.1.4, 15.2.1
Architect, Limitations of Authority and Responsibility
2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4,
15.1.4, 15.2
Architect's Additional Services and Expenses
2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4
Architect's Administration of the Contract
3.1.3,3.7.4, 15.2, 9.4.1, 9.5
Architect's Approvals
AIA Document A201" - 2017. Copyright - 1911, 1915, 1916, 1925, 1937, 1951, 1950, 1961, 1963, 1966, 1970, 1976, 1967, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result
n severe civil and c manal penalties, and will be prosecuted to the ma extent possible under the law. This draft was
produced by AIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
User Notes: (3B9ADA17)
m
AIA Document A201- - 2017
General Conditions of the Contract for Construction
2.5, 3.1.3, 3.5, 3.10.2, 4.2.7
Architect's Authority to Reject Work
3.5, 4.2.6, 12.1.2, 12.2.1
Architect's Copyright
1.1.7, 1.5
Architect's Decisions
3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2
Architect's Inspections
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4
Architect's Instructions
3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2
Architect's Interpretations
4.2.11, 4.2.12
Architect's Project Representative
4.2.10
Architect's Relationship with Contractor
1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2,
5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2
Architect's Relationship with Subcontractors
1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3
Architect's Representations
9.4.2, 9.5.1, 9.10.1
Architect's Site Visits
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4
Asbestos
10.3.1
Attorneys' Fees
3.18.1, 9.6.8, 9.10.2, 10.3.3
Award of Separate Contracts
6.1.1, 6.1.2
Award of Subcontracts and Other Contracts for Portions of the Work
5.2
Basic Definitions
1.1
Bidding Requirements
1.1.1
Binding Dispute Resolution
8.3.1,9.7,11.5,13.1,15.1.2,15.1.3,15.2.1,15.2.5,15.2:6.1,15.3.1,15.3.2,15.3.3,15.4.1
Bonds, Lien
7.3.4.4, 9.6.8, 9.10.2, 9.10.3
Bonds, Performance, and Payment
7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5
Building Information Models Use and Reliance
1.8
Building Permit
3.7.1
Capitalization
1.3
Certificate of Substantial Completion
9.8.3, 9.8.4, 9.8.5
AIA Document A201" - 2017. Copyright 1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects, All rights reserved. WARNING: This AIA7 Document is protected by U.S. Copyright
Law and International Treaties, Unauthorized reproduction or distribution of this AIAz Document, or any portion of it, may result
severe c vrl and c inal penalties, and will be prosecuted to the maxrmum extent possible under the law. This draft was
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AIA Document A2 01TH - 2017
General Conditions of the Contract for Construction
Certificates for Payment
4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4
Certificates of Inspection, Testing or Approval
13.4.4
Certificates of Insurance
9.10.2
Change Orders
1. 1. 1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2,
11.2, 11.5, 12.1.2
Change Orders, Definition of
7.2.1
CHANGES IN THE WORK
2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1,9.3.1.1, 11.5
Claims, Definition of
15.1.1
Claims, Notice of
1.6.2, 15.1.3
CLAIMS AND DISPUTES
3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4
Claims and Timely Assertion of Claims
15.4.1
Claims for Additional Cost
3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5
Claims for Additional Time
3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6
Concealed or Unknown Conditions, Claims for
3.7.4
Claims for Damages
3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7
Claims Subject to Arbitration
15.4.1
Cleaning Up
3.15, 6.3
Commencement of the Work, Conditions Relating to
2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2,15.1.5
Commencement of the Work, Definition of
8.1.2
Communications
3.9.1, 4.2.4
Completion, Conditions Relating to
3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2
COMPLETION, PAYMENTS AND
9
Completion, Substantial
3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2
Compliance with Laws
2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3
Concealed or Unknown Conditions
3.7.4, 4.2.8, 8.3.1, 10.3
Conditions of the Contract
AIA Document A201' - 2017, Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result
in civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This draft was
produced
deby A I A software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
User Notes: (3B9ADA17)
AIA Document A2 01TM - 2017
General Conditions of the Contract for Construction
1.1.1, 6.1.1, 6.1.4
Consent, Written
3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2
Consolidation or Joinder
15.4.4
CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
1.1.4, 6
Construction Change Directive, Definition of
7.3.1
Construction Change Directives
1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1
Construction Schedules, Contractor's
3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2
Contingent Assignment of Subcontracts
5.4, 14.2.2.2
Continuing Contract Performance
15.1.4
Contract, Definition of
1.1.2
CONTRACT, TERMINATION OR SUSPENSION OF THE
5.4.1.1, 5.4.2, 11.5, 14
Contract Administration
3.1.3, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating to
3.7.1, 3.10, 5.2, 6.1
Contract Documents, Copies Furnished and Use of
1.5.2, 2.3.6, 5.3
Contract Documents, Definition of
1.1.1
Contract Sum
2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4,
14.3.2, 15.1.4.2, 15.1.5,15.2.5
Contract Sum, Definition of
9.1
Contract Time
1. 1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5. 1,
9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5
Contract Time, Definition of
8.1.1
CONTRACTOR
3
Contractor, Definition of
3.1, 6.1.2
Contractor's Construction and Submittal Schedules
3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2
Contractor's Employees
2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1
Contractor's Liability Insurance
11.1
Contractor's Relationship with Separate Contractors and Owner's Forces
AIA Document A201° - 2017. Copyright 1911, 1915, 1918, 1925, 193" 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAn Document is protected by U,s. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA'° Document, or any portion of it, may result
n severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
produced byAIA software at 09:02:25 on 05/10/2017 under Order No_ 1496524162 which expires on 03/09/2018, and is not for resale.
User Notes: (399ADA17)
AIA Document A2 01- - 2017
General Conditions of the Contract for Construction
3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4
Contractor's Relationship with Subcontractors
1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4
Contractor's Relationship with the Architect
1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2,
9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1
Contractor's Representations
3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2
Contractor's Responsibility for Those Performing the Work
3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8
Contractor's Review of Contract Documents
3.2
Contractor's Right to Stop the Work
2.2.2, 9.7
Contractor's Right to Terminate the Contract
14.1
Contractor's Submittals
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3
Contractor's Superintendent
3.9, 10.2.6
Contractor's Supervision and Construction Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4
Coordination and Correlation
1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1
Copies Furnished of Drawings and Specifications
1.5, 2.3.6, 3.11
Copyrights
1.5, 3.17
Correction of Work
2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1
Correlation and Intent of the Contract Documents
1.2
Cost, Definition of
7.3.4
Costs
2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1,
12.2.4, 13.4, 14
Cutting and Patching
3.14, 6.2.5
Damage to Construction of Owner or Separate Contractors
3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4
Damage to the Work
3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4
Damages, Claims for
3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7
Damages for Delay
6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2
Date of Commencement of the Work, Definition of
8.1.2
Date of Substantial Completion, Definition of
AIA Document A201" - 2017, Copyright _ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected by U,S. Copyright
Law and International Treaties, Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result
in ere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This draft was
produced by AIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2019, and is not for resale.
User Notes: (3B9ADA17)
AIA Document A2 01- - 2017
General Conditions of the Contract for Construction
8.1.3
Day, Definition of
8.1.4
Decisions of the Architect
3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1,
15.2
Decisions to Withhold Certification
9.4.1, 9.5, 9.7, 14.1.1.3
Defective or Nonconforming Work, Acceptance, Rejection and Correction of
2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1
Definitions
1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1,6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1, 15.1.1
Delays and Extensions of Time
3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2,10.4, 14.3.2,15.1.6, 15.2.5
Digital Data Use and Transmission
1.7
Disputes
6.3, 7.3.9, 15.1, 15.2
Documents and Samples at the Site
3.11
Drawings, Definition of
1.1.5
Drawings and Specifications, Use and Ownership of
3.11
Effective Date of Insurance
8.2.2
Emergencies
10.4, 14.1.1.2, 15.1.5
Employees, Contractor's
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1
Equipment, Labor, or Materials
1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1,
10.2.4, 14.2.1.1, 14.2.1.2
Execution and Progress of the Work
1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3,
12.1, 12.2, 14.2, 14.3.1, 15.1.4
Extensions of Time
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5
Failure of Payment
9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2
Faulty Work
(See Defective or Nonconforming Work)
Final Completion and Final Payment
4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3
Financial Arrangements, Owner's
2.2.1, 13.2.2, 14.1.1.4
GENERAL PROVISIONS
1
Governing Law
13.1
AIA Document A201" - 2017. Copyright 1911, 1915, 1919, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S, Copyright
Law and International Treaties, Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may result
n severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
produced by AIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
User Notes: (389ADA17)
AIA Document A2 01- - 2017
General Conditions of the Contract for Construction
Guarantees (See Warranty)
Hazardous Materials and Substances
10.2.4, 10.3
Identification of Subcontractors and Suppliers
5.2.1
Indemnification
3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3
Information and Services Required of the Owner
2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4
Initial Decision
15.2
Initial Decision Maker, Definition of
1.1.8
Initial Decision Maker, Decisions
14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Initial Decision Maker, Extent of Authority
14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Injury or Damage to Person or Property
10.2.8, 10.4
Inspections
3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4
Instructions to Bidders
1.1.1
Instructions to the Contractor
3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2
Instruments of Service, Definition of
1.1.7
Insurance
6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11
Insurance, Notice of Cancellation or Expiration
11.1.4,11.2.3
Insurance, Contractor's Liability
11.1
Insurance, Effective Date of
8.2.2, 14.4.2
Insurance, Owner's Liability
11.2
Insurance, Property
10.2.5, 11.2, 11.4, 11.5
Insurance, Stored Materials
9.3.2
INSURANCE AND BONDS
11
Insurance Companies, Consent to Partial Occupancy
9.9.1
Insured loss, Adjustment and Settlement of
11.5
Intent of the Contract Documents
1.2.1, 4.2.7, 4.2.12, 4.2.13
Interest
AIA Document A201" — 2017. Copyright 1911, 1915, 1919, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects, A11 rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
Law and International Treaties_ Unauthorized reproduction or distribution of this AIA9 Document, or any portion of it, may result
n severe r
c vrl and c ta, 09: 02:25 on nal penalties, and will be prosecuted to the m imum extent possible under the law, This draft was
produced byAIA sofl—eOS/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
User Notes: (3B9ADA17)
AIA Document A201- - 2017
General Conditions of the Contract for Construction
13.5
Interpretation
1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1
Interpretations, Written
4.2.11,4.2.12
Judgment on Final Award
15.4.2
Labor and Materials, Equipment
1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1,
14.2.1.2
Labor Disputes
8.3.1
Laws and Regulations
1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4
Liens
2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8
Limitations, Statutes of
12.2.5, 15.1.2, 15.4.1.1
Limitations of Liability
3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1
Limitations of Time
2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7,
9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5
Materials, Hazardous
10.2.4, 10.3
Materials, Labor, Equipment and
1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4,
14.2.1.1, 14.2.1.2
Means, Methods, Techniques, Sequences and Procedures of Construction
3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2
Mechanic's Lien
2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8
Mediation
8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1
Minor Changes in the Work
1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4
MISCELLANEOUS PROVISIONS
13
Modifications, Definition of
1.1.1
Modifications to the Contract
1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2
Mutual Responsibility
6.2
Nonconforming Work, Acceptance of
9.6.6, 9.9.3, 12.3
Nonconforming Work, Rejection and Correction of
2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2
Notice
AIA Document A2019° - 2017. Copyright ' 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result
lAIA software at 09:02:25 on 05/10/2017 u
n severe c vil and criminal
penalties, and wrll be prosecuted to the maxi extent possible under the law. This draft was
produced by AIA Order No. 1d96524162 which expires on 03/09/2018, and is not Eor resale.
User Notes: (3B9ADA17)
AIA Document A2 01- - 2017
General Conditions of the Contract for Construction
1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7,
9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1
Notice of Cancellation or Expiration of Insurance
11.1.4, 11.2.3
Notice of Claims
1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1
Notice of Testing and Inspections
13.4.1, 13.4.2
Observations, Contractor's
3.2, 3.7.4
Occupancy
2.3.1, 9.6.6, 9.8
Orders, Written
1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1
OWNER
2
Owner, Definition of
2.1.1
Owner, Evidence of Financial Arrangements
2.2, 13.2.2, 14.1.1.4
Owner, Information and Services Required of the
2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4,
15.1.4
Owner's Authority
1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3. 1,
9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7
Owner's Insurance
11.2
Owner's Relationship with Subcontractors
1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2
Owner's Right to Carry Out the Work
2.5, 14.2.2
Owner's Right to Clean Up
6.3
Owner's Right to Perform Construction and to Award Separate Contracts
6.1
Owner's Right to Stop the Work
2.4
Owner's Right to Suspend the Work
14.3
Owner's Right to Terminate the Contract
14.2, 14.4
Ownership and Use of Drawings, Specifications and Other Instruments of Service
1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3
Partial Occupancy or Use
9.6.6, 9.9
Patching, Cutting and
3.14, 6.2.5
Patents
3.17
AIA Document A201" - 2017. Copyright - 1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA9 Document, or any portion of it, may result
n severe c vi1 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
produced bylAIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
User Notes: (3B9ADA17)
AIA Document A2 01TM - 2017
General Conditions of the Contract for Construction
Payment, Applications for
4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3
Payment, Certificates for
4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4
Payment, Failure of
9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2
Payment, Final
4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3
Payment Bond, Performance Bond and
7.3.4.4, 9.6.7, 9.10.3, 11.1.2
Payments, Progress
9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4
PAYMENTS AND COMPLETION
9
Payments to Subcontractors
5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2
PCB
10.3.1
Performance Bond and Payment Bond
7.3.4.4, 9.6.7, 9.10.3, 11.1.2
Permits, Fees, Notices and Compliance with Laws
2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF
10
Polychlorinated Biphenyl
10.3.1
Product Data, Definition of
3.12.2
Product Data and Samples, Shop Drawings
3.11, 3.12, 4.2.7
Progress and Completion
4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4
Progress Payments
9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4
Project, Definition of
1.1.4
Project Representatives
4.2.10
Property Insurance
10.2.5, 11.2
Proposal Requirements
1.1.1
PROTECTION OF PERSONS AND PROPERTY
10
Regulations and Laws
1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4
Rejection of Work
4.2.6, 12.2.1
Releases and Waivers of Liens
9.3.1, 9.10.2
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and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
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in severe c lAIA software at 09: 02:25 vil and criminal penalties, and will be prosecuted to themaximum extent possible under the law. This draft was
produced byon 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
User Notes: (3B9ADA17)
AIA Document A201- - 2017
General Conditions of the Contract for Construction
Representations
3.2.1,3.5,3.12.6,8.2.1,9.3.3,9.4.2,9.5.1,9.10.1
Representatives
2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1
Responsibility for Those Performing the Work
3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10
Retainage
9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3
Review of Contract Documents and Field Conditions by Contractor
3.2, 3.12.7, 6.1.3
Review of Contractor's Submittals by Owner and Architect
3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2
Review of Shop Drawings, Product Data and Samples by Contractor
3.12
Rights and Remedies
1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14,
15.4
Royalties, Patents and Copyrights
3.17
Rules and Notices for Arbitration
15.4.1
Safety of Persons and Property
10.2, 10.4
Safety Precautions and Programs
3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4
Samples, Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11, 3.12, 4.2.7
Samples at the Site, Documents and
3.11
Schedule of Values
9.2, 9.3.1
Schedules, Construction
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2
Separate Contracts and Contractors
1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2
Separate Contractors, Definition of
6.1.1
Shop Drawings, Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.11, 3.12, 4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1
Site Inspections
3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4
Site Visits, Architect's
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4
Special Inspections and Testing
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and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAS Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction 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. This draft was
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User Notes: (3B9ADA17)
AIA Document A201- 2017
General Conditions of the Contract for Construction
4.2.6, 12.2.1, 13.4
Specifications, Definition of
1.1.6
Specifications
1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14
Statute of Limitations
15.1.2, 15.4.1.1
Stopping the Work
2.2.2, 2.4, 9.7, 10.3, 14.1
Stored Materials
6.2.1, 9.3.2, 10.2.1.2, 10.2.4
Subcontractor, Definition of
5.1.1
SUBCONTRACTORS
5
Subcontractors, Work by
1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7
Subcontractual Relations
5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1
Submittals
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3
Submittal Schedule
3.10.2, 3.12.5, 4.2.7
Subrogation, Waivers of
6.1.1, 11.3
Substances, Hazardous
10.3
Substantial Completion
4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2
Substantial Completion, Definition of
9.8.1
Substitution of Subcontractors
5.2.3, 5.2.4
Substitution of Architect
2.3.3
Substitutions of Materials
3.4.2, 3.5, 7.3.8
Sub -subcontractor, Definition of
5.1.2
Subsurface Conditions
3.7.4
Successors and Assigns
13.2
Superintendent
3.9, 10.2.6
Supervision and Construction Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4
Suppliers
1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1
Surety
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and 2 01 7 by The American Institute of Architects, All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result
n severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
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AIA Document A2 01T - 2017
General Conditions of the Contract for Construction
5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7
Surety, Consent of
9.8.5, 9.10.2, 9.10.3
Surveys
1.1.7, 2.3.4
Suspension by the Owner for Convenience
14.3
Suspension of the Work
3.7.5, 5.4.2, 14.3
Suspension or Termination of the Contract
5.4.1.1, 14
Taxes
3.6, 3.8.2.1, 7.3.4.4
Termination by the Contractor
14.1, 15.1.7
Termination by the Owner for Cause
5.4.1.1, 14.2, 15.1.7
Termination by the Owner for Convenience
14.4
Termination of the Architect
2.3.3
Termination of the Contractor Employment
14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT
14
Tests and Inspections
3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1,13.4
TIME
8
Time, Delays and Extensions of
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5
Time Limits
2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8,
9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4
Time Limits on Claims
3.7.4, 10.2.8, 15.1.2, 15.1.3
Title to Work
9.3.2, 9.3.3
UNCOVERING AND CORRECTION OF WORK
12
Uncovering of Work
12.1
Unforeseen Conditions, Concealed or Unknown
3.7.4, 8.3.1, 10.3
Unit Prices
7.3.3.2, 9.1.2
Use of Documents
1.1.1, 1.5, 2.3.6, 3.12.6, 5.3
Use of Site
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and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S, Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result
in were civil and criminal
nal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
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AIA Document A2 01- - 2017
General Conditions of the Contract for Construction
3.13, 6.1.1, 6.2.1
Values, Schedule of
9.2, 9.3.1
Waiver of Claims by the Architect
13.3.2
Waiver of Claims by the Contractor
9.10.5, 13.3.2, 15.1.7
Waiver of Claims by the Owner
9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7
Waiver of Consequential Damages
14.2.4, 15.1.7
Waiver of Liens
9.3, 9.10.2, 9.10.4
Waivers of Subrogation
6.1.1, 11.3
Warranty
3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2
Weather Delays
8.3, 15.1.6.2
Work, Definition of
1.1.3
Written Consent
1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2
Written Interpretations
4.2.11, 4.2.12
Written Orders
1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.
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and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result
n severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
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AIA Document A201- - 2017
General Conditions of the Contract for Construction
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 Basic Definitions
§ 1.1.1 The Contract Documents
The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement)
and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings,
Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and
Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by
both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work
issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the
advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in
anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or
proposal requirements.
§ 1.1.2 The Contract
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The
Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a
contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between
the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's
consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be
entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the
Architect's duties.
§ 1.1.3 The Work
The term "Work" means the construction and services required by the Contract Documents, whether completed or partially
completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to
fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.
§ 1.1.4 The Project
The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part
and which may include construction by the Owner and by Separate Contractors.
§ 1.1.5 The Drawings
The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions
of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.
§ 1.1.6 The Specifications
The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,
equipment, systems, standards and workmanship for the Work, and performance of related services.
§ 1.1.7 Instruments of Service
Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and
intangible creative work performed by the Architect and the Architect's consultants under their respective professional
services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings,
specifications, and other similar materials.
AIA Document A201s' - 2017. Copyright ' 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
Law and International Treaties, Unauthorized reproduction or distribution of this AIAm Document, or any portion of it, may result
severein civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
produced byAIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale.
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AIA Document A2 01TM - 2017
General Conditions of the Contract for Construction
§ 1.1.8 Initial Decision Maker
The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with
Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for
results of interpretations or decisions rendered in good faith.
§ 1.2 Correlation and Intent of the Contract Documents
§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the
Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents
and reasonably inferable from them as being necessary to produce the indicated results.
§ 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining
provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or
unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In
such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties'
intentions and purposes in executing the Contract.
§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control
the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any
trade.
§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry
meanings are used in the Contract Documents in accordance with such recognized meanings.
§ 1.3 Capitalization
Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered
articles, or (3) the titles of other documents published by the American Institute of Architects.
§ 1.4 Interpretation
In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such
as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended
to affect the interpretation of either statement.
§ 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service
§ 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments
of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their
Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not
own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or
Architect's consultants' reserved rights.
§ 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments
of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for
execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the
Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of
Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of
the Owner, Architect, and the Architect's consultants.
AIA Document A201n' - 2017. Copyright _ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
Law and International Treaties- Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result
ere civil and criminal penalties, and will be prosecuted to the -mum extent possible under the law. This draft was
produced by AIA software at 09:02:25 on 05/10/2017 under Order No, 1496524162 which expires on 03/09/2018, and is not for resale.
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AIA Document A2 01- - 2017
General Conditions of the Contract for Construction
§ 1.6 Notice
§ 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give
notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the
notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic
transmission if a method for electronic transmission is set forth in the Agreement.
§ 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly
served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered
mail, or by courier providing proof of delivery.
§ 1.7 Digital Data Use and Transmission
The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information
or documentation in digital form. The parties will use AIA Document E203TN1-2013, Building Information Modeling and
Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data.
§ 1.8 Building Information Models Use and Reliance
Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use
of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document
E203Tm-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202Tm-2013,
Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability
to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and
each of their agents and employees.
ARTICLE 2 OWNER
§ 2.1 General
§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority
to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided
in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized
representative.
§ 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary
and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the
Owner's interest therein.
§ 2.2 Evidence of the Owner's Financial Arrangements
§ 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the
Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the
Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If
commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately.
§ 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the
Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the
Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the
Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or (3) a
change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within
AIA Document A201m — 2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights r served. WARNING: This AIA m Docuent is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result
severein cavil and criminal penalties, and will be prosecuted to the maximum extent possible under the law_ This draft was
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AIA Document A2 01- -- 2017
General Conditions of the Contract for Construction
fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the
Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the
Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change
until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended
appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay
and start-up, plus interest as provided in the Contract Documents.
§ 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially
vary such financial arrangements without prior notice to the Contractor.
§ 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall
keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose
"confidential" information, after seven (7) days' notice to the Owner, where disclosure is required by law, including a
subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s)
order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and
their employees, Sub -subcontractors, and others who need to know the content of such information solely and exclusively for
the Project and who agree to maintain the confidentiality of such information.
§ 2.3 Information and Services Required of the Owner
§ 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those
required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges
required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities.
§ 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing
architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the
Agreement and is referred to throughout the Contract Documents as if singular in number.
§ 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no
reasonable objection and whose status under the Contract Documents shall be that of the Architect.
§ 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site
of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information
furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.
§ 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable
promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the
Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such
information or services.
§ 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the
Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.
§ 2.4 Owner's Right to Stop the Work
If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required
by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a
written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated;
however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right
for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.
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and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
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General Conditions of the Contract for Construction
§ 2.5 Owner's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-
day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with
diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or
neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect
and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the
extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including
Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or
failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the
Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the
Owner, the Contractor may file a Claim pursuant to Article 15.
ARTICLE 3 CONTRACTOR
§ 3.1 General
§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the
Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the
Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's
authorized representative.
§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
§ 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract
Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests,
inspections or approvals required or performed by persons or entities other than the Contractor.
§ 3.2 Review of Contract Documents and Field Conditions by Contractor
§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become
generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with
requirements of the Contract Documents.
§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work,
carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information
furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that
portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of
facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or
inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors,
inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the
Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and
not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.
§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,
statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly
report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in
such form as the Architect may require.
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and 2017 by The American Institure of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
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General Conditions of the Contract for Construction
§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect
issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor
shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the
Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the
Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to
the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for
differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract
Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.
§ 3.3 Supervision and Construction Procedures
§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor
shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures,
and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions
concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite
safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or
procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the
Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques,
sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent
for the completed construction. Unless the Architect objects to the Contractor's proposed alternative, the Contractor shall
perform the Work using its alternative means, methods, techniques, sequences, or procedures.
§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on
behalf of, the Contractor or any of its Subcontractors.
§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such
portions are in proper condition to receive subsequent Work.
§ 3.4 Labor and Materials
§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services
necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not
incorporated or to be incorporated in the Work.
§ 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or
ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the
Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive.
§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons
carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks
assigned to them.
§ 3.5 Warranty
§ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be
of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the
Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in
the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these
requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by
abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or
AIA Document A201" - 2017. Copyright _ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved, WARNING: This AIA" Document is protected by U.S. Copyright
Law and International Treaties, Unauthorized reproduction or distribution of this AIA'B Document, or any portion of it, may result
severein civil and criminal penalties, and will be prosecuted to the m extent possible under the law. This draft was
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AIA Document A201- - 2017
General Conditions of the Contract for Construction
normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to
the kind and quality of materials and equipment.
§ 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of
the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4.
§ 3.6 Taxes
The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally
enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
§ 3.7 Permits, Fees, Notices and Compliance with Laws
§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as
well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and
completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are
received or negotiations concluded.
§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and
regulations, and lawful orders of public authorities applicable to performance of the Work.
§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and
regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and
shall bear the costs attributable to correction.
§ 3.7.4 Concealed or Unknown Conditions
If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that
differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature
that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the
character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the
Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The
Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an
increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend
that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the
conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either
party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15.
§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers,
archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any
operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall
promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor
shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations
that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the
existence of such remains or features may be made as provided in Article 15.
§ 3.8 Allowances
§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by
allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor
shall not be required to employ persons or entities to whom the Contractor has reasonable objection.
§ 3.8.2 Unless otherwise provided in the Contract Documents,
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General Conditions of the Contract for Construction
.1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all
required taxes, less applicable trade discounts;
.2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other
expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the
allowances; and
.3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by
Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the
allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2.
§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness
§ 3.9 Superintendent
§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the
Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to
the superintendent shall be as binding as if given to the Contractor.
§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name
and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the
Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2)
requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice
of no reasonable objection.
§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and
timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not
unreasonably be withheld or delayed.
§ 3.10 Contractor's Construction and Submittal Schedules
§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information
a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1)
the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an
apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work.
The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current
under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the
Work and Project.
§ 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal
schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably
delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2)
allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to
provide submittals in accordance with the approved submittal schedule, the Contractor shall not he entitled to any increase in
Contract Sum or extension of Contract Time based on the time required for review of submittals.
§ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner
and Architect.
§ 3.11 Documents and Samples at the Site
The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction
Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections
made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These
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and 2 01 7 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA` Document is protected by U.5_ Copyright
Law and International Treaties, Unauthorized reproduction 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. This draft was
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General Conditions of the Contract for Construction
shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to
the Owner upon completion of the Work as a record of the Work as constructed.
§ 3.12 Shop Drawings, Product Data and Samples
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor
or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other
information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
§ 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by
which the Work will be judged.
§ 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to
demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the
Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the
Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to
take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract
Documents may be returned by the Architect without action.
§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop
Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the
submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable
promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate
Contractors.
§ 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner
and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field
measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information
contained within such submittals with the requirements of the Work and of the Contract Documents.
§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review
of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the
Architect.
§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of
responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings,
Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at
the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work,
or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not
be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the
Architect's approval thereof.
§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or
similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such
notice, the Architect's approval of a resubmission shall not apply to such revisions.
§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or
engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the
Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,
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d 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIk Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result
n severe civil and criminal penalties, and will be prosecuted to the m extent possible under the law. This draft was
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AIA Document A201- - 2017
General Conditions of the Contract for Construction
methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in
violation of applicable law.
§ 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment
are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all
performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy
and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such
services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall
appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such
professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared
by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall
be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by
such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design
criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other
appropriate action on submittals only for the limited purpose of checking for conformance with information given and the
design concept expressed in the Contract Documents.
§ 3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been
performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time
and in the form specified by the Architect.
§ 3.13 Use of Site
The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and
regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site
with materials or equipment.
§ 3.14 Cutting and Patching
§ 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts
fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the
cutting, fitting, or patching, unless otherwise required by the Contract Documents.
§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the
Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The
Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of
the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not
unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work.
§ 3.15 Cleaning Up
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish
causcd by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish,
the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project.
§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall
be entitled to reimbursement from the Contractor.
§ 3.16 Access to Work
The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located.
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Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result
in ere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
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General Conditions of the Contract for Construction
§ 3.17 Royalties, Patents and Copyrights
The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of
copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be
responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is
required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other
documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or
made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished
to the Architect.
§ 3.18 Indemnification
§ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect,
Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses,
including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such
claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise
exist as to a party or person described in this Section 3.18.
§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the
indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages,
compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability
benefit acts, or other employee benefit acts.
ARTICLE 4 ARCHITECT
§ 4.1 General
§ 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the
Agreement.
§ 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be
restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be
unreasonably withheld.
§ 4.2 Administration of the Contract
§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an
Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect
will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.
§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the
Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in
general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in
accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or
responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and
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and 2017 by The American Institute of Architects, All rights reserved, WARNING: This AIA° Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result
— severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Law, This draft was
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General Conditions of the Contract for Construction
programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract
Documents.
§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of
the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents,
(2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and
deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in
accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will
not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons
or entities performing portions of the Work.
§ 4.2.4 Communications
The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or
professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications
between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's
consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the
Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may
specify other communication protocols.
§ 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and
certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
§ 4.2.6 The Architect or the Owner has authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work
in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However,
neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority
shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or
employees, or other persons or entities performing portions of the Work.
§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop
Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the
submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable
promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of
such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as
dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the
Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's
review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or
procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a
component.
§ 4.2.8 As required by the Owner, the Construction Manager will prepare Change Orders and Construction Change
Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make
determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
§ 4.2.9 As requested by the Owner, the Architect will conduct inspections to determine the date or dates of Substantial
Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive
and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the
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General Conditions of the Contract for Construction
Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to
Section 9.10.
§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying
out the Architect's responsibilities at the site. The Owner shall notify the Contractor of any change in the duties,
responsibilities and limitations of authority of the Project representatives.
§ 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract
Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in
writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the
Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and
will not be liable for results of interpretations or decisions rendered in good faith.
§ 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in
the Contract Documents.
§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's
response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable
promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the
requests for information.
ARTICLE 5 SUBCONTRACTORS
§ 5.1 Definitions
§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at
the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate
Contractor or the subcontractors of a Separate Contractor.
§ 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular
in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor.
§ 5.2 Award of Subcontracts and Other Contracts for Portions of the Work
§ 5.2.1 Subcontracts shall be awarded following competitive bidding as provided by applicable Indiana statutes. If the Owner
has a legal basis forming a reasonable objection to a person or entity proposed by Contractor to serve as a Subcontract, the
Owner shall provide prompt notice of same, and the Contract Sum and Contract Time may be equitably adjusted based on the
financial or time impact of the objection.
§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made
reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has
made reasonable objection.
§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor
shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected
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Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or
decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before
commencement of the substitute Subcontractor's Work. 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 for one previously selected if the Owner or
Architect makes reasonable objection to such substitution.
§ 5.3 Subcontractual Relations
By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed
by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work that the
Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall
preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be
performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the
Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and
redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the
Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall
make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract
Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract
Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective
proposed Sub -subcontractors.
§ 5.4 Contingent Assignment of Subcontracts
§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that
.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2
and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and
Contractor; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract.
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and
obligations under the subcontract.
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall
be equitably adjusted for increases in cost resulting from the suspension.
§ 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor
contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall
nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE C
ONTRACTORS
§ 6.1 Owner's Right to Perform Construction and to Award Separate Contracts
§ 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The
Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with
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Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those
provisions of the Conditions of the Contract related to insurance and waiver of subrogation.
§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the
site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate
Owner -Contractor Agreement.
§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor
with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate
Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its
construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then
constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised.
§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to
the Project with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the
same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others,
those stated in Article 3, this Article 6, and Articles 10, 11, and 12.
§ 6.2 Mutual Responsibility
§ 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
§ 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner
or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the
Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that
would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the
Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the
Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's
Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or
Separate Contractor that are not apparent.
§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor
because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to
the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly timed activities, damage
to the Work or defective construction.
§ 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially
completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5.
§ 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described
for the Contractor in Section 3.14.
§ 6.3 Owner's Right to Clean Up
If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective
contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up
and the Architect will allocate the cost among those responsible.
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General Conditions of the Contract for Construction
ARTICLE 7 CHANGES IN THE WORK
§ 7.1 General
§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change
Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a
minor change in the Work may be issued by the Owner or Architect alone.
§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall
proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive,
or order for a minor change in the Work.
§ 7.2 Change Orders
§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect
stating their agreement upon all of the following:
.1 The change in the Work;
.2 The amount of the adjustment, if any, in the Contract Sum; and
.3 The extent of the adjustment, if any, in the Contract Time.
§ 7.3 Construction Change Directives
§ 7.3.1 A Construction Change Directive is a written order prepared by the Owner or Architect and signed by the Owner,
directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The
Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the
general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being
adjusted accordingly.
§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order.
§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on
one of the following methods:
.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit
evaluation;
.2 Unit prices stated in the Contract Documents or subsequently agreed upon;
.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;
or
.4 As provided in Section 7.3.4.
§ 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the
Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work
attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set
forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under
Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of
this Section 7.3.4 shall be limited to the following:
.1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers'
compensation insurance, and other employee costs approved by the Architect;
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.2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or
consumed;
.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others;
.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to
the change; and
.5 Costs of supervision and field office personnel directly attributable to the change.
§ 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance
with applicable provisions of Article 15.
§ 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work
involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the
Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.
§ 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including
adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective
immediately and shall be recorded as a Change Order.
§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering
related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of
net increase, if any, with respect to that change.
§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may
request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect
will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment
the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's
interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either
party to disagree and assert a Claim in accordance with Article 15.
§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the
Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective
immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a
Construction Change Directive.
§ 7.4 Minor Changes in the Work
The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not
involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes
shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or
Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the
Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that
such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or
extension of the Contract Time.
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General Conditions of the Contract for Construction
ARTICLE 8 TIME
§ 8.1 Definitions
§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the
Contract Documents for Substantial Completion of the Work.
§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.
§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.
§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.
§ 8.2 Progress and Completion
§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the
Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work
prior to the effective date of insurance required to be furnished by the Contractor and Owner.
§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the
Contract Time.
§ 8.3 Delays and Extensions of Time
§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the
Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with
Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation
and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay,
then the Contract Time shall be extended for such reasonable time as the Architect may determine.
§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the
Contract Documents.
ARTICLE 9 PAYMENTS AND COMPLETION
§ 9.1 Contract Sum
§ 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the
Owner to the Contractor for performance of the Work under the Contract Documents.
§ 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity
to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.
§ 9.2 Schedule of Values
Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of
values to the Owner and Architect before the first Application for Payment, allocating the entire Contract Sum to the various
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portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its
accuracy, required by the Architect. This schedule, unless objected to by the Owner or Architect in writing within 7 days,
shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall
be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless
objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment.
§ 9.3 Applications for Payment
§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an
itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for
completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the
Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of
liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents.
§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work
that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not
yet included in Change Orders.
§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor
does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor
intends to pay.
§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,
payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.
Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with
procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the
Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials
and equipment stored off the site.
§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later
than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for
which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the
Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in
favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment
relating to the Work.
§ 9.4 Certificates for Payment
§ 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the
Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue
to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor
and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold
certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for
withholding certification in whole as provided in Section 9.5.1.
§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the
Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's
knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance
with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing
representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents
AIA Document A201" - 2017. Copyright ` 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, o any portion of it, may result
n severe .... l and cr inal penalties, and will be prosecuted to the m imum extent possible under the law. This draft was
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AIA Document A201- - 2017
General Conditions of the Contract for Construction
prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for
Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the
quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3)
reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
§ 9.5 Decisions to Withhold Certification
§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect
the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the
Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as
provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue
a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The
Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the
whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion
to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions
described in Section 3.3.2, because of
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security
acceptable to the Owner is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or
equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5 damage to the Owner or a Separate Contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance
would not be adequate to cover actual or liquidated damages for the anticipated delay; or
.7 repeated failure to carry out the Work in accordance with the Contract Documents.
§ 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole
or in part, that party may submit a Claim in accordance with Article 15.
§ 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously
withheld.
§ 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint
checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work
properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner
shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment.
§ 9.6 Progress Payments
§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the
time provided in the Contract Documents, and shall so notify the Architect. The Contractor understands the Owner is a
municipal entity and as such, Owner shall make such partial or progress payments in a manner consistent with its municipal
claims procedures and timelines. Notwithstanding any other term or timeframe reference in the Agreement, the process and
timeframe for payment will be applicable for all payments from Owner to Contractor throughout the duration of this
Agreement.
§ 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the
amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on
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and 2017 by The American Institute of Architects. All rights r ved. WARNING: This AIA° Document is protected by U.S. Copyright
.aw and International Treaties. Unauthorized reproduction or distribution of this AIADocument, or any portion of it, may result
r.n
severe
ll
vil and criminal penalties, and will be prosecuted to them m extent possible under the law. This draft was
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AIA Document A2 01rm -- 2017
General Conditions of the Contract for Construction
account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor,
require each Subcontractor to make payments to Sub -subcontractors in a similar manner.
§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of
completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of
portions of the Work done by such Subcontractor.
§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to
furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain
whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the
payment of money to, a Subcontractor or supplier, except as may otherwise be required by law.
§ 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3
and 9.6.4.
§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall
not constitute acceptance of Work not in accordance with the Contract Documents.
§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments
received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the
Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the
Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a
separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part
of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for
breach of the requirements of this provision.
§ 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend
and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation
expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt
of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable
court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for
payment has been asserted.
§ 9.6.9 Upon the request of Owner, Contractor shall comply with the Owner's Minority and Women's Business Ordinance
software enterprise B2G Now. Such compliance shall include, but not limited to, tracking dollar spend, percentage participation
and payments between Contractor and its Subcontractors on a timely basis. Contractor shall provide this data to the Owner
within 10 business days from written request.
§ 9.7 Failure of Payment
If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of
the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date
established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then
the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the
amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased
by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the
Contract Documents.
AIA Document A201" - 2017. Copyright - 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1997, 1997, 2007 1
and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright
Law and International Treaties, Unauthorized reproduction 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. This draft was
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AIA Document A2 01- -- 2017
General Conditions of the Contract for Construction
§ 9.8 Substantial Completion
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its
intended use.
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is
substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed
or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to
complete all Work in accordance with the Contract Documents.
§ 9.8.3 Upon receipt of the Contractor's list, the Owner or Architect will make an inspection to determine whether the Work
or designated portion thereof is substantially complete. If the Owner or Architect's inspection discloses any item, whether or
not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that
the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before
issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner or
Architect. In such case, the Contractor shall then submit a request for another inspection by the Owner or Architect to
determine Substantial Completion.
§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of
Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the
Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents
shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided
in the Certificate of Substantial Completion.
§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance
of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall
make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that
is incomplete or not in accordance with the requirements of the Contract Documents.
§ 9.9 Partial Occupancy or Use
§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the
insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may
commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing
the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to
the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of
warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the
Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to
partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by
written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area
to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute
acceptance of Work not complying with the requirements of the Contract Documents.
AIA Document A201" - 2017. Copyright 1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997, 2007 1
and 2017 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright
Law and International Treaties, Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result
ever. civil and criminal penalties, and will be prosecuted to the ma extent possible under the law. This draft was
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AIA Document A2 01TM - 2017
General Conditions of the Contract for Construction
§ 9.10 Final Completion and Final Payment
§ 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of
a final Application for Payment, the Owner or Architect will promptly make such inspection. Such inspection shall be
commercially reasonable in accordance with standard commercial construction industry practices. When the Architect finds
the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a
final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of
the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Documents and
that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's
final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the
Contractor's being entitled to final payment have been fulfilled.
§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the
Owner and Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with
the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by
Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents
to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that
the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to
final payment, (5) documentation of any special warranties, such as manufacturers' warranties or specific Subcontractor
warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts
and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in
such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim,
security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are
made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien,
claim, security interest, or encumbrance, including all costs and reasonable attorneys' fees.
§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the
Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon
application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the
balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not
fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished,
the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted
shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made
under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.
§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
.1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents;
.3 terms of special warranties required by the Contract Documents; or
.4 audits performed by the Owner, if permitted by the Contract Documents, after final payment.
§ 9,10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by
that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application
for Payment.
AIA Document A201" - 2017. Copyright 1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result
n severe civil and crimrnal penalties, and will be prosecuted to the maxi m extent possrble under the law. This draft was
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AIA Document A2 01TM - 2017
General Conditions of the Contract for Construction
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in
connection with the performance of the Contract.
§ 10.2 Safety of Persons and Property
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent
damage, injury, or loss to
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under
care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
structures, and utilities not designated for removal, relocation, or replacement in the course of construction.
§ 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and
regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage,
injury, or loss.
§ 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the
Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards;
promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards.
§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly
qualified personnel.
§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance
required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by
the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The
Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to
acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for
whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing
obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18.
§ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be
the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the
Contractor in writing to the Owner and Architect.
§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an
unsafe condition.
§ 10.2.8 Injury or Damage to Person or Property
If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for
whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the
other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable
the other party to investigate the matter.
AIA Document A20191 - 2017. Copyright 1911, 1915, 1919, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright
Law and International Treaties, Unauthorized reproduction or distribution of this AIA'° Document, or any portion of it, may result
in severe civil and criminal penalties, and will he prosecuted to the ma extent possible under the law, This draft was
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AIA Document A2 01- - 2017
General Conditions of the Contract for Construction
§ 10.3 Hazardous Materials and Substances
§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding
hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the
Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered
on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected
area and notify the Owner and Architect of the condition.
§ 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the
presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is
found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner
shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform
tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe
containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing
stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the
Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to
whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered
harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the
Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's
reasonable additional costs of shutdown, delay, and start-up.
§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors,
Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and
expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected
area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not
been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage,
loss, or expense is due to the fault or negligence of the party seeking indemnity.
§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor
brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be
responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the
Contractor's fault or negligence in the use and handling of such materials or substances.
§ 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of
hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails
to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or
negligence.
§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost
of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract
Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred.
§ 10.4 Emergencies
In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent
threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Article 15 and Article 7.
AIA Document A201" - 2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright
Law and International Treaties, Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result
severein civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
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AIA Document A2 01TM - 2017
General Conditions of the Contract for Construction
ARTICLE 11 INSURANCE AND BONDS
§ 11.1 Contractor's Insurance and Bonds
§ 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the
endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract
Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance
companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and
Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as
otherwise described in the Contract Documents.
§ 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions
as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or
companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.
§ 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of
obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to
be furnished.
§ 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the date the
Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract
Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon
receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the
Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement
coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual
obligation to provide any required coverage.
§ 11.2 Owner's Insurance The Owner represents that it is self -insured under Indiana law.
§ 11.2.1 Intentionally Omitted
§ 11.2.2 Failure to Purchase Required Property Insurance. Intentionally Omitted
§ 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Intentionally Omitted
§ 11.3 Waivers of Subrogation
§ 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors,
agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any,
and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of
loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance
applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as
appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect,
Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased
and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver
of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity
would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay
the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the
damaged property.
§ 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the
site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance
is to be provided on the completed Project through a policy or policies other than those insuring the Project during the
AIA Document A201- - 2017. Copyright Y 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA& Document is protected by U.S. Copyright
Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result
ere civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This draft was
pnoducsd by AIA software rat 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/201a, and is not for resale.
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AIA Document A201- - 2017
General Conditions of the Contract for Construction
construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of
Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance.
§ 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance
The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of
the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all
rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards
however caused.
§11.5 Adjustment and Settlement of Insured Loss
§ 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary
and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of
insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments
to their consultants and Subcontractors in similar manner.
§ 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as
well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object
to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and
the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds
in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not
terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the
damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of
the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute
between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to
Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of
the damaged or destroyed Work.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
§ 12.1 Uncovering of Work
§ 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the
Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be
replaced at the Contractor's expense without change in the Contract Time.
§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its
being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in
accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and
Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of
uncovering the Work, and the cost of correction, shall be at the Contractor's expense.
§ 12.2 Correction of Work
§ 12.2.1 Before Substantial Completion
The Contractor shall promptly correct Work rejected by the Owner or Architect or failing to conform to the requirements of
the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed.
Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement,
and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense.
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General Conditions of the Contract for Construction
§ 12.2.2 After Substantial Completion
§ 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial
Completion of the Work or designated portion thereof or after the date for commencement of warranties established under
Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found
to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after
receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such
condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for
correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,
the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the
Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the
Owner or Architect, the Owner may correct it in accordance with Section 2.5.
§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after
Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the
Work.
§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor
pursuant to this Section 12.2.
§ 12.2.3 The Contractor shalt remove from the site portions of the Work that are not in accordance with the requirements of
the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate
Contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not
in accordance with the requirements of the Contract Documents.
§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other
obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as
described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,
nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the
Contractor's obligations other than specifically to correct the Work.
§ 12.3 Acceptance of Nonconforming Work
If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner
may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and
equitable. Such adjustment shall be effected whether or not final payment has been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS
§ 13.1 Governing Law
The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of
law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall
govern Section 15.4.
§ 13.2 Successors and Assigns
§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives
to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither
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General Conditions of the Contract for Construction
party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to
make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under
the Contract.
§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing
for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall
execute all consents reasonably required to facilitate the assignment.
§ 13.3 Rights and Remedies
§ 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in
addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law.
§ 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded
them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,
except as may be specifically agreed upon in writing.
§ 13.4 Tests and Inspections
§ 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and
by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise
provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests,
inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are
to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or
approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly
arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require.
§ 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization
from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an
entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and
inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in
Section 13.4.3, shall be at the Owner's expense.
§ 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the
Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure,
including those of repeated procedures and compensation for the Architect's services and expenses, shall be at the
Contractor's expense.
§ 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents,
be secured by the Contractor and promptly delivered to the Architect.
§ 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will
do so promptly and, where practicable, at the normal place of testing.
§ 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable
delay in the Work.
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General Conditions of the Contract for Construction
§ 13.5 Interest
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the
parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the
Project is located.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONT
RACT
§ 14.1 Termination by the Contractor
§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act
or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities
performing portions of the Work, for any of the following reasons:
.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped;
.2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped;
.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason
for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a
Certificate for Payment within the time stated in the Contract Documents; or
.4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2.
§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -
subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated
suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate
more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is
less.
§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the
Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable
overhead and profit on Work not executed, and costs incurred by reason of such termination.
§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor,
a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because
the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters
important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the
Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3.
§ 14.2 Termination by the Owner for Cause
§ 14.2.1 The Owner may terminate the Contract if the Contractor
.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the
Contractor and the Subcontractors or Suppliers;
.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a
public authority; or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
§ 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient
cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after
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General Conditions of the Contract for Construction
giving the Contractor and the Contractor's surety, if any, seven days' notice, terminate employment of the Contractor and
may, subject to any prior rights of the surety:
.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 Accept assignment of subcontracts pursuant to Section 5.4; and
.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the
Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner
in finishing the Work.
§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be
entitled to receive further payment until the Work is finished.
§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the
Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly
waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor
shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be
certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the
Contract.
§ 14.3 Suspension by the Owner for Convenience
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or
in part for such period of time as the Owner may determine.
§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay,
or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the
extent
1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which
the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under another provision of the Contract.
§ 14.4 Termination by the Owner for Convenience
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause.
§ 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and
.3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate
all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
§ 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly
executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the
termination fee, if any, set forth in the Agreement.
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ARTICLE 15 CLAIMS AND DISPUTES
§ 15.1 Claims
§ 15.1.1 Definition
A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the
Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and
matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to
substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim
in order to impose liquidated damages in accordance with the Contract Documents.
§ 15.1.2 Time Limits on Claims
The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to
the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding
dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not
more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and
causes of action not commenced in accordance with this Section 15.1.2.
§ 15.1.3 Notice of Claims
§ 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to
expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party
with a copy sent to the Architect. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving
rise to the Claim, whichever is later.
§ 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after
expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In
such event, no decision by the Initial Decision Maker is required.
§ 15.1.4 Continuing Contract Performance
§ 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article
14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments
in accordance with the Contract Documents.
§ 15.1.4.2 Intentionally Omitted
§ 15.1.5 Claims for Additional Cost
If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be
given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for
Claims relating to an emergency endangering life or property arising under Section 10.4.
§ 15.1.6 Claims for Additional Time
§ 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3
shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the
Work. In the case of a continuing delay, only one Claim is necessary.
§ 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data
substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and
had an adverse effect on the scheduled construction.
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§ 15.1.7 Waiver of Claims for Consequential Damages
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this
Contract. This mutual waiver includes
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and
reputation, and for loss of management or employee productivity or of the services of such persons; and
.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel
stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit
arising directly from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in
accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated
damages, when applicable, in accordance with the requirements of the Contract Documents.
§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the
nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not
obligated to, notify the surety and request the surety's assistance in resolving the controversy.
§ 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance
with applicable law to comply with the lien notice or filing deadlines.
§ 15.3 Mediation
§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as
provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute
resolution.
§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise,
shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation
Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other
party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently
with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding
dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,
unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section
15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later
proceedings.
§ 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or
60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for
binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute
resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings
with respect to the initial decision.
§ 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where
the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable
as settlement agreements in any court having jurisdiction thereof.
§ 15.4 Arbitration
§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim
subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise,
shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules
in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless
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another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to
the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for
arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded.
§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in
no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be
barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration
by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on
the Claim.
§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly
consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having
jurisdiction thereof.
§ 15.4.4 Consolidation or Joinder
§ 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may
consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1)
the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated
substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and
methods for selecting arbitrator(s).
§ 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may
include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required
if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such
joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,
dispute or other matter in question not described in the written consent.
§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section
15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor
under this Agreement.
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AIA software at 09:02:25 on 05/10/2017 under Order No. 1496524162 which expires on 03/09/2018, and is not for resale,
User Notes: (3B9ADA17)
The Scope of Work for this project shall incorporate all requirements set forth in the Request for
Proposals, Addendum #1, and Addendum #2, which includes, but is not limited to, the following:
Constructing an approximately 660-space, seven -story structured garage and concrete
podium which will facilitate the construction of multi -family housing and commercial
space that will wrap the parking structure.
■ Completing all site infrastructure work required to facilitate construction of the parking
garage, including all site demolition, removal of existing on -site utilities, installation of
stormwater management system, curb and sidewalk, on -site parking, landscaping, and
irrigation.
• Preparing the site for construction of the planned hotel in addition to multi -family housing
and commercial space that will wrap the parking garage, including, but not limited to, the
following:
o Ensuring that the building pad for the planned hotel is eight (8) inches below the
finished floor elevation (FIFE).
o Working with the City and Great Lakes Capital to ensure that domestic and fire
water lines are installed so that they are accessible when construction
commences on the multi -family housing and commercial space that will wrap the
parking garage.
o Extending sanitary sewer lines to within five (5) feet of the planned hotel and the
multi -family housing structure.
o Installing the in -ground stormwater infrastructure for the parking lot, parking
garage, and roof -top drainage for the planned hotel and the multi -family housing
structure.
■ The roofs for the multi -family housing structure will drain onto the top
deck of the parking garage.
The stormwater drainage system for the planned hotel will connect
directly to the in -ground infrastructure.
This scope of work does not include, and thus contractor shall not be responsible for,
excavation, foundation installations, utility hookups, and other activities specific to the buildings
other than the parking garage and podium.
Contractor is responsible for all site work within these limits:
W Madison 5t W _Madison St
Services provided shall include the following:
Is Pre -Construction services: Value engineering during design completion and
constructability reviews during the design in coordination with improvement design to be
wrapped on garage, construction cost estimating, life cycle cost estimating, permitting,
phasing of construction and bid backage preparation and scheduling.
• Bidding Services: Identify subcontractor pre -qualification procedures. Break documents
and specifications prepared by Architect into packages for and prepare overall bid
documents for bidding. Provide copies of bids, reports and other information as City may
request to support City and Great Lakes Capital's compliance with their reporting
obligations under funding agreements including, but not limited to, a Regional
Acceleration and Development Initiative (READI) grant agreement with the Northern
Indiana Regional Development Authority.
o Host a MWBE subcontractor event outlining the project and potential
opportunities for subs
• Construction Services: Provide daily supervision of work, coordination of
subcontractors, and basic security of the building. Identify safety and cost control
processes and procedures. Identify quality control procedures. Maintain project
schedule. Develop project closeout procedures.
Post Occupancy Services: Provide for the commissioning of the building including
training the owner and/or owner's representatives on major components. Develop a
maintenance plan for the owners' use identifying when various components need
servicing, filters changed, and seasonal maintenance. Work with owner to obtain service
contracts on equipment as may be requested by the owner. Prepare recorded
documents. Provide one-year warranty walk through and implement repairs and/or
corrections where applicable.
Meeting Attendance: Attend meetings —in -person meeting included —upon the City's
request, including meetings with City staff, the Great Lakes Capital and their
representatives, and/or the Public.
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 04/15/2025
Name Zach Hurst Department DPW
BPW Date 04/22/2025 Phone Extension 3057
Review and Approval Required Prior to Submittal to Board
Diversity Compliance ❑
Officer Name
and Inclusion Officer
BPW Attorney
® Attorney Name
Dept. Attorney ❑ Attorney Name
Purchasing ❑
Michael Schmidt
Check the Appropriate Item Type — Required for All Submissions
❑ Professional Services Agreement ® Contract ❑ Proposal
❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes
❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA
❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution
n Other: n Ease./Encroach
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Information
F. A. Wilhelm
❑ Yes ❑ If Yes, Approved by Purchasing
❑ No
E] MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes
❑
Madison Lifestyle District — New Parking Garage CMc
123-074
River West DA Bond
PR-00040488
$38,000
Preconstruction Fee
Ratify AIA A133 contract for Construction Manager for new parking garage.
For Chance Orders Onl
Amount of ❑ Increase $
❑ Decrease ($ )
Previous Amount $
Increase
Current Percent of Change: Decrease
New Amount $
Increase
Total Percent of Change: Decrease
Time Extension Amount:
New Completion Date: